Acts and resolutions of the General Assembly of the state of Georgia, 1983, volume I

Compiler's Note
The Act of the General Assembly, 1982 Extra Session, reap-
portioning the Fourth and Fifth Congressional Districts will
be found on page 2C of volume one. General Acts and Resolu-
tions of the 1983 Session will be found in volume one begin-
ning at page one. The only proposed amendment to the Con-
stitution passed at the 1983 Session will be found on page 972
of volume one. This volume is bound separately.
Local and Special Acts and Resolutions are grouped in vol-
ume two beginning on page 3501. 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 1982 are printed in volume two be-
ginning on page 4816. Home Rule Actions by Counties filed in
the office of the Secretary of State during 1982 are printed in
volume two beginning on page 4744.
There are no numbered pages between 1862 and 3501.
The indexes are printed in each volume and cover the
materials in both volumes. The tabular index lists matter by
broad categories; the general index is a detailed, alphabetical
index by subject matter.

gnq j

ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
19 8 3
Compiled and Published by authority of The State
Volume I
kk
1M7
it
GEORGIA LAWS 1983
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... x
Acts and Resolutions of General Application..................... 2C
Vetoes by the Governor, 1979 Session............................ 1863
Map of Counties and Judicial Circuits........................... 1876
Appellate CourtsPersonnel ..................................... 1877
Superior CourtsPersonnel and Calendars......................... 1878
IndexTabular.................................................... 1888
IndexGeneral ................................................... 1907
Population of Georgia CountiesAlphabetically................... 1953
Population of Georgia CountiesNumerically...................... 1956
Georgia Senatorial Districts, Alphabetically by County.......... 1958
Georgia Senators, Alphabetically by Name........................ 1960
Georgia Senators, Numerically by District ...................... 1962
Georgia House Districts, Alphabetically by County............... 1964
Georgia Representatives, Alphabetically by Name................. 1966
Georgia Representatives, Numerically by District................. 1974
Status of Referendum Elections for the Years 1953-1983 ......... 1982
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References................................. iv
Bills and ResolutionsAct Number References..................... x
Acts and Resolutions of Local Application....................... 3501
County Home Rule Actions......................................... 4744
Municipal Home Rule Actions...................................... 4816
Vetoes by the Governor, 1979 Session............................ 4981
Map of Counties and Judicial Circuits........................... 4994
Appellate CourtsPersonnel ...................................... 4995
Superior CourtsPersonnel and Calendars......................... 4996
IndexTabular.................................................... 5006
IndexGeneral ................................................... 5025
Population of Georgia CountiesAlphabetically.................... 5071
Population of Georgia CountiesNumerically...................... 5074
Georgia Senatorial Districts, Alphabetically by County.......... 5076
Georgia Senators, Alphabetically by Name........................ 5078
Georgia Senators, Numerically by District ....................... 5080
Georgia House Districts, Alphabetically by County................ 5082
Georgia Representatives, Alphabetically by Name.................. 5084
Georgia Representatives, Numerically by District................. 5092
Status of Referendum Elections for the Years 1953-1980 ......... 5100
iii
ACTS BY NUMBERS, PAGE REFERENCES
Act No. Page Act No. Page
1-Ex. Sess..................... 2C
1 ............................. 3
2 ........................... 140
3 .......................... 159
4 .......................... 3503
5 .......................... 3506
6 .......................... 349
7 .......................... 358
8 .......................... 359
9 ......................... 3509
10 ......................... 3513
11 ......................... 3521
12 .......................... 385
13 ......................... 3524
14 ......................... 3534
15 ......................... 3561
16 .......................... 386
17 ......................... 3563
18 ......................... 3566
19 ......................... 3570
20 ........................ 3573
21 ......................... 393
22 ........................ 3581
23 ......................... 395
24 ........................ 3586
25 ......................... 400
26 ........................ 3590
27 ........................ 3605
28 ........................ 3611
29 ........................ 3617
30 ........................ 3621
31 ........................ 3623
32 ......................... 402
33 ........................ 3626
34 ........................ 3628
35 ........................ 3631
36 ........................ 3634
37 ........................ 3636
38 ........................ 3639
39 ........................ 3641
40 ........................ 3646
41 ........................ 3649
42 ......................... . 3651
43 ........................ 3654
44 ........................ 3684
45 ........................ 3686
46 ........................ 3688
47 ......................... 3691
48 ......................... 3693
49............................ 3695
50 ...................... 3697
51 ......................... 3699
52 ..................... 3707
53 ............:........... 3709
54 ......................... 3711
55 ....................... 3714
56 ......................... 3716
57 ....................... 3718
58 ........................ 3721
59 ......................... 3724
60 ....................... 3726
61 .......................... 403
62 ......................... 3728
63 ........................ 3731
64 ........................ 3733
65 ........................ 3734
66 ......................... 3737
67 ......................... 3739
68 ......................... 3748
69 ......................... 3750
70 ......................... 3753
71 ......................... 3755
72 ......................... 3757
73 ......................... 3759
74 ........................ 3768
75 ......................... 3771
76 ......................... 3773
77 ......................... 3776
78 ........................ 3778
79 ......................... 3781
80 ......................... 3783
81 ......................... 3785
82 ......................... 3790
83 ........................ 3794
84 ........................ 3797
85 ......................... 3800
86 ......................... 3802
87 ......................... 3804
88 ......................... 3809
89 .......................... 404
90 ......................... 3811
91 ......................... 3814
92 ......................... 3818
93 ......................... 3820
IV
Act No.
Page Act No.
Page
94.
95.
96.
97 .
98.
99.
100.
101.
102.
103.
104.
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.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143 .
3822 144............................. 3973
3825 145............................. 3975
3827 146............................. 3978
3830 147............................. 3980
3834 148............................. 3982
3863 149 ............................ 3984
3865 150............................. 3994
3868 151............................. 415
3870 152 ............................ 4000
3873 153 ............................ 4002
3875 154 ............................ 4004
3878 155............................ 4006
3880 156 ............................ 4010
405 157 ............................. 4027
3884 158 ............................ 4031
3887 159 ............................ 4034
3889 160 ............................ 4037
3892 161............................. 4039
3894 162............................. 4043
3896 163 ............................ 4046
3899 164 ............................ 4048
3902 165............................. 4051
3904 166 ............................ 4053
3906 167 ............................ 4055
3909 168 ............................ 416
3911 169............................. 4057
3919 170 ............................ 4061
3923 171 ............................ 4063
3925 172............................. 4065
3927 173............................. 4068
407 174.............................. 4072
3931 175............................. 4074
3933 176............................. 4077
412 177.............................. 4079
3936 178............................. 418
3938 179............................. 419
3940 180 ............................ 4081
3943 181............................. 4805
3945 182............................. 4087
3947 183............................. 421
3949 184............................. 424
3951 185............................. 444
3954 186............................. 445
3956 187............................. 447
3958 188............................. 448
3960 189 ............................ 449
414 190.............................. 452
3964 191............................. 454
3967 192............................. 455
3971 193.............................. 456
V
Act No.
Page
Page
299............................. 457
195 .......................... 459
196 .......................... 460
197 .......................... 461
198 .......................... 462
199 .......................... 464
200 . . ...................... 465
201 .......................... 467
202 .......................... 468
203 .......................... 469
204 .......................... 471
205 .......................... 473
206 .......................... 475
207 .......................... 476
208 .......................... 478
209 .......................... 479
210 .......................... 482
211 .......................... 484
212 .......................... 485
213 .......................... 487
214 .......................... 489
215 .......................... 490
216 .......................... 493
217 .......................... 494
218 .......................... 495
219 .......................... 496
220 .......................... 499
221 .......................... 500
222 .......................... 503
223 .......................... 504
224 .......................... 506
225 .......................... 507
226 .......................... 509
227 .......................... 511
228 .......................... 513
229 .......................... 514
230 .......................... 515
231 .......................... 518
232 .......................... 520
233 .......................... 521
234 .......................... 523
235 .......................... 525
236 .......................... 526
237 .......................... 528
238 .......................... 529
239 ......................... 531
240 .......................... 532
241 ......................... 535
242 .......................... 538
243 539
544
545
546
548
550
555
559
575
576
578
581
602
616
620
622
623
629
632
633
635
637
638
639
641
643
645
646
647
649
651
653
655
659
661
664
665
667
669
670
672
673
675
676
677
679
680
681
683
684
685
Act
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
vi
Act No.
Page
294.
295
296
297.
298
299
300.
301.
302
303.
304.
305.
306.
307.
308.
309.
310
311.
312
313.
314
315
316
317.
318.
319.
320.
321
322.
323.
324.
325.
326.
327.
328
329
330
331
332.
333
334.
335
336.
337.
338.
339
340.
341.
342.
343
Act No.
344 ........................ 4153
345 ........................ 4155
346 ........................ 4157
347 ........................ 4161
348 ........................ 4167
349 ........................ 4170
350 ........................ 4173
351 ........................ 4176
352 ........................ 4178
353 ........................ 4181
354 ........................ 4186
355 ........................ 4188
356 ......................... 753
357 ........................ 4191
358 ........................ 4194
359 ........................ 4205
360 ........................ 4208
361 ........................ 4210
362 ........................ 4213
363 ......................... 759
364 ......................... 761
365 ........................ 4217
366 ......................... 764
367 ........................ 4220
368 ........................ 4223
369 ........................ 4228
370 ........................ 4231
371 ........................ 4234
372 ........................ 4238
373 ........................ 4245
374 ........................ 4247
375 ........................ 4251
376 ........................ 4256
377 ........................ 4263
378 ........................ 4266
379 ........................ 4270
380 ........................ 4274
381 ........................ 4278
382 ......................... 774
383 ........................ 4283
384 ........................ 4294
385 ........................ 4299
386 ......................... 775
387 ........................ 4302
388 ........................ 4316
389 ........................ 4322
390 ........................ 4324
391 ........................ 4327
392 ........................ 4330
393 ........................ 4322
Page
686
688
689
691
692
694
695
697
699
700
702
705
710
716
719
720
721
722
724
725
726
728
729
732
734
735
737
739
743
745
748
4094
4097
4105
4108
4110
4113
4115
752
4119
4122
4125
4127
4130
4134
4140
4143
4145
4149
4151
vii
Act No.
Page
394.. .
395. . .
396. ..
397 . ..
398. ..
399. ..
400.. .
401. ..
402. . .
403.. .
404. ..
405. ..
406. .
407.. .
408..
409. ..
410.. .
411.. .
412. ..
413.. .
414.. .
415.. .
416. .
417 .. .
418.. .
419.. .
420. ..
421. ..
422. ..
423. . .
424. ..
425. ..
426. ..
427.. .
428. . .
429. . .
430. ..
431. ..
432. ..
433. ..
434. . .
435. . .
436. . .
437 . . .
438. . .
439. . .
440. .
441. .
442. . .
443. . .
Page Act No.
4334 444
4339 445
4341 446
4344 447
4346 448
4350 449
4353 450
4357 451
4362 452
778 453
781 454
783 455
784 456
786 457
790 458
796 459
804 460
806 461
819 462
822 463
823 464
825 465
827 466
829 467
831 468
834 469
836 470
837 471
839 472
852 473
859 474
864 475
867 476
881 477
882 478
884 479
4367 480
4373 481
4376 482
930 483
936 484
938 485
941 486
945 487
946 488
949 489
951 490
956 491
961 492
964 493
4386
1000
1024
1026
1059
1079
1087
1094
1097
1116
4411
4419
4432
4443
4466
4481
4493
4495
4501
4503
1118
4511
4514
4518
4525
4529
4538
4544
4547
4553
4565
4570
4578
4594
1123
4605
4607
4614
4620
4622
4625
4656
4662
4665
4698
1146
1153
1158
1161
1170
viii
Act No.
494
495.
496.
497
498
499.
500.
501.
502.
503 .
504.
505.
506.
507.
508.
509.
510.
511.
512.
513.
514
515.
516
517.
518.
519.
520.
521.
522.
523.
524.
525.
526.
527.
528.
529.
530.
531.
532.
Page Act No. Page
1182 533............................ 1431
1185 534............................ 1437
1189 535............................ 1441
1190 536............................ 1450
1203 537............................ 4702
1205 538............................ 4704
1207 539............................ 4707
1210 540............................ 1461
1212 541 ........................... 1464
1213 542............................ 1466
1214 543........................... 1468
1218 544............................ 1469
1219 545............................ 1470
1228 546............................ 1474
1255 547............................ 1479
1298 548............................ 1508
1299 549............................ 1539
1300 550............................ 1547
1303 551 ........................... 1548
1304 552............................ 1566
1306 553............................ 1592
1307 554............................ 1593
1309 555............................ 1595
1310 556............................ 1603
1316 557............................ 1795
1317 558............................ 1798
1323 559............................ 1805
1326 560............................ 1806
1340 561 ........................... 1809
1346 562............................ 1815
1350 563............................ 1816
1368 564............................ 1820
1389 565............................ 1831
1401 566............................ 1834
1411 567............................ 1849
1419 568............................ 1850
1426 569............................ 4710
1429 570............................ 1856
1430 571 ........................... 1859
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. No.
Page Res. No.
Page
1 ......................... 4090
2 .......................... 440
3 .......................... 442
4 ......................... 4091
5 ......................... 582
6 ......................... 584
7 .......................... 586
8 .......................... 588
9 .......................... 590
10 ......................... 592
11 ......................... 594
12 ......................... 596
IX
Res. No.
13
14
15
16
17
18
19
20
21
22
23
Page Res. No. Page
4092 24 972
598 25............................. 974
599 26 975
4378 27............................ 978
966 28 983
4380 29 987
967 30 989
4381 31 992
4382 32............................. 995
4384 33 997
969 34............................ 999
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill
Act No. House Bill
Act No.
1 .............................. 3
2 ........................... 313
3 ............................. 1
4 ............................. 2
6 ........................... 292
7 ............................. 7
8 ............................ 23
10 .......................... 519
11 .......................... 215
12 .......................... 501
15 ........................... 216
16 ........................... 217
17 ........................... 218
18 ........................... 502
19 ........................... 219
20 ........................ 220
21 ........................... 293
22 ........................ 221
23 .......................... 222
24 .......................... 549
25 ........................ 527
26 .......................... 223
27 .......................... 224
28 .......................... 407
29 .......................... 294
30 .......................... 295
31 .......................... 229
32 .......................... 433
33 434
34 ......................... 225
35 ......................... 416
36............................. 296
43 .......................... 435
44 .......................... 226
45 .......................... 227
50 .......................... 436
51 .......................... 228
56............................. 531
58............................. 417
66............................. 185
68............................. 437
70 .......................... 186
71 .......................... 528
72 .......................... 211
75 .......................... 252
76 ........................... 28
77 .......................... 297
79 .......................... 298
80 .......................... 299
81 .......................... 187
82 .......................... 178
83 .......................... 21
84 ........................... 13
85 .......................... 176
89 .......................... 438
90 .......................... 418
92 ...................... Veto 6
93 .......................... 314
96............................. 188
103 ...................... Veto 12
104 ............................ 6
107 ........................... 570
121
127
128
129
130
133
134
135
136
138
139
140
142
145
149
153
159
163
170
171
173
179
185
188
189
190
191
192
193
194
195
196
197
207
209
212
215
219
220
221.
222
230.
231
No.
516
192
496
508
523
543
553
262
263
11
147
146
145
144
143
264
571
503
99
444
413
316
193
278
381
506
505
194
142
9
403
535
4
141
279
497
265
195
471
493
563
498
382
421
280
0 3
14
15
House Bill
Act No.
230
5
548
415
315
189
429
251
489
550
445
231
232
190
272
439
419
322
233
529
191
512
440
556
490
453
544
300
364
510
565
154
153
152
177
151
179
517
150
8
494
495
149
525
148
277
261
568
420
236.
242.
245.
246.
247 .
249.
250.
254.
255.
257.
260.
261.
262.
263.
264
266
273.
278.
279.
280.
282.
286.
287.
288.
289.
294.
297.
299
301.
302.
308.
310
311.
312.
313.
314
318.
320.
322
324.
325
326
328.
329.
330.
332.
333.
334.
xi
335
338
339
340
341
344
345
347
348
350
351
352
353
355
356
357
361
363
364
365
366
368
371
373
374
375
379
381
385
386
387
388
389
391
395
397
399
400
401
407
408
409
410
415
419
420
421
Act No. House Bill Act No.
. 542 426............................. 26
.. 383 427............................ 404
. 449 428............................ 507
.. 366 429 534
.. 384 430............................ 107
. . 100 432 564
. . 101 435............................ 317
.. 324 436............................ 514
. 452 437............................ 200
.. 331 439............................ 318
29 440............................ 524
10 441 414
. . 196 443............................ 341
. . 197 447............................ 201
.. 266 448 284
. 198 449............................ 461
.. 281 452............................ 139
.. 199 458............................ 560
30 460............................ 184
.. 536 469 402
. 267 470............................ 342
. 491 471............................ 343
. . 268 474............................ 562
. . 547 475............................ 344
. . 499 476............................ 202
. . 545 477............................ 319
. 546 478............................ 285
. . 269 479.......................... Veto 1
. . 533 483............................ 472
. . 526 485............................. 32
. 102 486............................ 481
.. 340 487 569
.. 270 488............................. 33
.. 323 489............................. 34
24 490............................. 35
. . 273 491 66
. . 282 492............................ 271
. 427 496............................ 103
. . 492 497............................ 286
283 498............................ 365
. . 330 499............................ 104
. 140 504............................ 287
.. 329 505............................ 522
31 506............................ 138
. . 540 507 530
555 508 460
. 566 509............................. 16
.. 500 513 288
xii
517
526
527
530
532
537
538
539
540
544
545
548
550
551
555
556
557
558
561
562
563
564
566
567
568
569
570
574
575
577
578
580
581
585
587
590
595
596
601
605
606
607
608
609
611
612
Act No. House Bill
Act No.
137
136
45
46
47
567
410
480
454
48
49
515
509
289
462
247
245
67
50
51
119
68
463
52
446
447
248
328
367
53
105
455
459
441
442
405
473
479
345
368
346
312
521
17
246
431
327
54
613.
614
615.
621.
622.
625.
627.
628.
629.
630.
631
632.
636.
638.
639.
641
642.
643.
645.
647.
648.
652.
653.
655.
656.
658.
660.
662.
663
665
666
668
673.
674.
675.
676.
677 .
678.
679
682
687.
688
689
690.
692.
693.
694.
695
69
70
71
72
443
411
363
73
326
74
75
347
18
478
428
76
482
77
532
290
450
78
79
106
55
369
401
325
332
537
350
56
57
19
291
80
58
108
59
81
109
474
333
400
110
334
483
335
701
705
707
708
709
710
712
713
714
715
716
718
719
720
721
722
729
730
731
736
737
738
739
740
741
742
743
744
745
749
750
751
752
753
754
755
756
757.
758.
759
760
761.
762
763
764
House Bill
Act No.
Act No.
. 336 765............................ 379
82 766............................ 477
83 767 91
84 768............................ 117
. 464 769 92
Veto 2 770............................. 62
. 484 771............................. 63
85 772............................. 93
. 399 773............................. 94
. 398 774 486
. Ill 775............................ 118
. 349 776............................ 172
. 485 777............................ 173
. 466 778 95
. 465 779............................ 371
. 370 780 372
. 112 781............................ 380
. 348 782............................ 430
. 397 783 476
22 784............................ 338
396 785 339
. 467 786 470
. 351 787 64
. 352 793............................ 135
. 475 794............................ 134
. 353 795............................ 133
. 354 796............................. 65
. 456 797............................ 132
. 355 798............................ 131
. 468 799............................ 130
. 395 800 357
. 113 801............................ 358
. 394 802 378
. 114 803............................ 174
. 337 804............................ 175
60 806 432
. 393 807 377
86 808 487
. 469 809............................ 129
61 810........................... 128
. 356 811 127
. 115 813 488
. 116 818.......................... 126
87 819............................ 125
88 820............................ 124
27 821............................ 376
89 822............................ 359
90 823............................ 123
xiv
825
827
829
834
836
837
838
841
843
Sen
1
2
5
8
11
13
21
30
31
32
40
41
42
45
56
59
65
69
70
72
73
81
83
84
89
91
96
102
105
110
111
113
121
No.
183
169
425
160
168
320
321
167
276
to 7
424
250
166
12
165
240
255
256
to 8
164
214
241
305
423
242
243
253
163
408
409
254
520
203
257
204
307
551
205
448
554
258
159
41
158
> 11
Act No.
Senate Bill
122
375
121
120
360
457
458
374
361
373
Act No.
. 504
. 511
. 234
. 412
. 235
. 237
. 274
. 311
. 426
. 210
. 310
. 557
. 406
. 212
. 303
. 541
25
. 304
. 451
. 275
. 249
. 561
. 238
. 239
. 236
Veto 5
. 559
. 309
. 171
Veto 9
. 170
. 308
. 552
123
124
130
132
133
136
137
140
146
147
151
154
155
159
160
161
162
163
165
168
169
171
173
176
178
180
182
183
184
188
189
190
193
194
195
196
199
200
204
206
207
208
210
211
212
215
xv
Senate Bill
Act No. Senate Bill
Act No.
218.......................... 162
219 ......................... 20
220 .......................... 422
221 .......................... 386
225.......................... Veto 4
233............................. 161
237............................. 301
239............................. 513
241 ........................... 302
242 .......................... 206
249............................. 244
251............................. 207
253............................. 362
255 .......................... 259
256 .......................... 208
260............................. 558
262............................. 157
264 ........................... 42
265 ........................... 43
266 ........................... 44
268 .......................... 213
269 .......................... 260
270 .......................... 209
273 .......................... 180
274 .......................... 181
276 .......................... 155
277 ....................... Veto 10
278 ........................... 36
279 .......................... 156
280 ........................... 37
283............................. 518
287 ........................... 97
288 ........................... 98
289 .......................... 385
293 ........................... 38
294 .......................... 182
295 ........................... 39
296 ........................... 40
299 .......................... 392
300 .......................... 538
301 ........................... 96
302 ......................... 391
303 .......................... 390
305............................. 389
306
307
308
539
388
387
House Resolution Res. Act No.
12............................. 33
14 ........................... 23
15 ........................... 17
27.............................. 5
30............................. 24
64............................. 32
66 ........................... 19
67 ........................... 25
69.............................. 1
71R............................ 20
72R............................ 26
76............................. 27
90............................. 34
93R............................ 22
105R........................... 18
106.......................... 28
107............................. 8
145............................ 14
154 6
158............................ 39
161R........................... 21
220............................ 30
222............................ 31
246............................ 13
292R........................... 16
Senate Resolution Res. Act No.
6............................ 2
11............................... 15
49R............................... 3
79................................ 4
83............................... 12
89............................... 11
111 ............................. 7
112 .......................... 10
121............................... 9
xvi

















ACT
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1982 Ex. Sess.
(August 3, 1982 August 8, 1982)
Compiled and Published by Authority of The State


















A PROCLAMATION BY
HIS EXCELLENCY
GOVERNOR GEORGE BUSBEE
of
THE STATE OF GEORGIA
CONVENING THE GENERAL ASSEMBLY OF
GEORGIA IN EXTRAORDINARY SESSION
WHEREAS: Article V, Section II, Paragraph III of the Constitu-
tion empowers the Governor to convoke the General Assembly on
extraordinary occasions to attend called sessions of the General
Assembly for the purpose of considering the enactment of legislation
specified by the Governor; and
WHEREAS: The following specified objective is hereby deter-
mined and concluded by me to be of extraordinary importance to be
considered by the General Assembly during a called session and prior
to the convening of the General Assembly in regular session in 1983:
The alteration of the boundaries of the Fourth and Fifth
Congressional Districts from which members of the House of Repre-
sentatives to the United States Congress from the State of Georgia
will be elected and will take office in 1983 and thereafter.
NOW, THEREFORE, PURSUANT TO THE POWER AND
AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE
OF GEORGIA, I, GEORGE BUSBEE, to hereby convoke and call a
2-B
GENERAL ACTS AND RESOLUTIONS, VOL. I
meeting of the General Assembly of the State of Georgia to convene in
extraordinary session at 2:00 P.M., on Tuesday, August 3, 1982, for
the purpose of considering the enactment of legislation to accomplish
the hereinabove specified objective.
(Seal
of the
Executive
Department)
In Witness Whereof, I have hereunto set
my hand and caused the Seal of the
Executive Department to be affixed.
This 2nd day of August, 1982.
/s/ George Busbee
Governor
BY THE GOVERNOR:
/s/ Tom Perdue
Secretary, Executive Department
ACT
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1982 Ex. Sess.
(August 3, 1982 August 8, 1982)
1981 CONGRESSIONAL REDISTRICTING PLAN
AMENDED.
Ga. Laws 1981, Ex. Sess., p. 131 Amended.
No. 1, Ex. Sess. (House Bill No. 1).
AN ACT
To provide for the composition of certain congressional districts of
Georgia; to declare legislative intent and findings; to define terms; to
provide for the election of members of the United States House of
Representatives from certain congressional districts; to provide for a
change in the composition of those districts to be effective upon the
issuance of a federal court ruling that the change is lawful and for the
election and succession of new members thereafter; to authorize the
Governor to call and prescribe the time of calling and holding
primaries, primary runoffs, elections, and run-off elections for all
members of the United States House of Representatives to take office
in 1983; to authorize the Governor to prescribe the time and manner
2-D
GENERAL ACTS AND RESOLUTIONS, VOL. I
of carrying out procedures related to such elections, primaries, and
runoffs; to provide for nomination of candidates by petition; to
provide that this Act shall control over conflicting provisions of the
Code of Georgia of 1933 and the Official Code of Georgia Annotated;
to provide for all related matters; to provide effective dates; to
provide for the suspension of conflicting laws; to provide for sever-
ability; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Parti
Section 1. The General Assembly declares that the congres-
sional redistricting plan for the State of Georgia adopted at the 1981
Extraordinary Session of the General Assembly is a fair and equitable
plan for the selection of Georgias members of the United States
House of Representatives. The General Assembly finds that the 1981
plan was not adopted with the purpose of denying or abridging the
right to vote on account of race and complies fully with the United
States Constitution and all applicable federal statutes. The General
Assembly declares that implementation of the 1981 congressional
redistricting plan is in the best interests of the State of Georgia and
its people.
The General Assembly recognizes, however, that any congres-
sional redistricting plan may be implemented only in accordance with
the procedures prescribed by the federal Voting Rights Act of 1965;
and that the United States District Court for the District of Columbia
in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the
implementation of the 1981 congressional redistricting plan. An
order has been entered in Busbee v. Smith directing the plaintiffs
to submit to the court a revised plan for the conduct of elections in
Congressional Districts No. 4 and 5.
Therefore, in recognition of the necessity of providing an immedi-
ately enforceable redistricting plan for Congressional Districts No. 4
and 5, in the belief that the validity of the 1981 redistricting plan for
these districts must ultimately be upheld by the federal judiciary, and
in response to the necessity of ensuring continuing representation for
all of the people of Georgia in the United States Congress, the General
Assembly by the adoption of Part I of this Act seeks to provide a
redistricting plan for Congressional Districts No. 4 and 5 which may
be implemented for the election of members of the House of Repre-
GEORGIA LAWS 1983 SESSION
2-E
sentatives to take office in 1983 but which shall thereafter be super-
seded for future elections upon the ruling of a federal court of
competent jurisdiction that the 1981 congressional redistricting plan
for these districts may lawfully be implemented.
Section 2. As used in this Part I of this Act, the term 1981
congressional redistricting plan means the redistricting plan for
Georgia congressional districts adopted by an Act approved
September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as
Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of
the Official Code of Georgia Annotated.
Section 3. Until and unless a federal court of competent
jurisdiction rules that the 1981 congressional redistricting plan for
Congressional Districts No. 4 and 5 may lawfully be implemented
under the federal Voting Rights Act of 1965 as provided in Section 4
of this Act, the provisions of this section shall govern the composition
of Congressional Districts No. 4 and 5. Each of these districts shall be
composed of a portion of a county, or a county, or counties, or any
combination thereof, as provided for hereinafter.
District No. 4
DeKalb
Tracts 201 through 204, 211, 212.02
through 212.07, 213.01 through 213.04,
214.01 through 214.04, 215, 216.01
through 216.03, 217.01, 217.02,
218.02 through 218.04, 219.01 through
219.03, 220.01 through 220.03, 221,
222, 223.01, 223.02, 224.01 through
224.03, 225 through 230,
231.01 through 231.04, 232.01 through
232.03, and 233.01 through 233.04
Tract 234.03
Blocks 920, 921, 923, and 924
Tract 234.05
Block 101
Tracts 234.06, 234.07, and 235.01
2-F
GENERAL ACTS AND RESOLUTIONS, VOL. I
Tract 235.02
Blocks 101 through 107, 109, 111,
112, 116, 117, 207 through 210,
215, 217, and 218
Tract 235.03
Fulton
Tracts 1, 2, 92, and 94
Tract 96
Block Groups 1 through 3, 7, and 8
Tracts 100, 101.01, 101.03, and 101.04
Tract 114.01
Those parts of Blocks 601 and 602
within the City of Alpharetta
Block 603
That part of Block 604 within the
City of Alpharetta
Tracts 114.02, 115, and 116
Newton
Rockdale
District No. 5
DeKalb
Tracts 205 through 209
Tract 234.03
Block Groups 1 through 3
Blocks 922, 925, and 926
Tract 234.04
Tract 234.05
Blocks 102 through 109, 111, and 112
Block Groups 2 through 5
Tract 235.02
Blocks 113, 114, 201 through 203, 205,
206, and 216
Block Groups 3 and 4
Tracts 236, 237, and 238.01 through 238.03
Fulton
Tracts 4 through 8, 10.95, 11
through 33, 35 through 41, 42.95, 43,
44, 46.95, 48, 49.95, 50, 52, 53,
55.01, 55.02, 56 through 58,
60 through 65, 66.01,
GEORGIA LAWS 1983 SESSION
2-G
66.02, 67, 68.01, 68.02, 69 through
75, 76.01, 76.02, 77.01, 77.02, 78.02
through 78.04, 79, 80, 81.01, 81.02,
82.01, 82.02, 83.01, 83.02, 84, 85,
86.01, 86.02, 87.01, 87.02, 88
through 91, 93, and 95
Tract 96
Block Groups 4 through 6
Tracts 97 through 99,
102.01, 102.02, 103, 104, and 105.05
Tract 105.06
Block Group 1
Tracts 109 through 111, 112.01, 112.02,
113.01, and 113.02
Tract 114.01
Block Groups 1 through 5
Those parts of Blocks 601, 602,
and 604 outside the City of Alpharetta
Blocks 605 through 609
Block Groups 7 through 9
The first members elected pursuant to the above provisions shall
be those who are elected to take office in 1983. Such members shall
serve until their successors are elected and take office as provided in
this section or as provided in Section 4. Successors to such members
and future successors shall likewise be elected under the provisions of
this section unless Section 4 becomes effective. Until such members
take office in 1983 the members of the United States House of
Representatives elected in 1980 shall continue to serve and, for all
purposes relative to membership in the House of Representatives, the
composition of congressional districts from which such members were
elected shall remain the same. The provisions of this section shall be
effective for any special primaries and elections which are necessary
for the purpose of electing the members in 1982 who are to take office
in 1983. For the purpose of appointing or electing members of boards
or bodies where such are made on the basis of congressional districts,
the provisions of this section shall be effective January 1, 1983, and
shall remain in effect until and unless this section is superseded as
provided in Section 4.
For purposes of this section:
2-H GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) 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.
(2) Whenever the description of any congressional 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.
Section 4. (a) This section shall become effective immediately
upon the issuance of a ruling by any federal court of competent
jurisdiction in Busbee v. Smith that the 1981 congressional redis-
tricting plan for Congressional Districts No. 4 and 5 may lawfully be
implemented under the federal Voting Rights Act of 1965.
(b) If this section applies, the representatives from Congres-
sional Districts No. 4 and 5 who are elected to take office in 1983
pursuant to Section 3 shall remain in office for the remainder of the
terms for which they were elected and the composition of such
districts shall remain for such period of time as provided in Section 3
of this Act. All future successors to such members shall, however, be
elected from Congressional Districts No. 4 and 5 as described in the
1981 congressional redistricting plan.
(c) If this section applies, effective upon January 1 of the first
year following the general election at which successors are elected
pursuant to this section, the composition of Congressional Districts
No. 4 and 5 as described in the 1981 congressional redistricting plan
shall be effective for purposes of the appointment or election of
members of boards or bodies where such are made on the basis of
congressional districts.
Section 5. This Act does not repeal or amend the provisions of
the 1981 congressional redistricting plan pertaining to Congressional
Districts No. 4 and 5; those provisions are merely suspended pending
the outcome of Busbee v. Smith. This Part I of this Act shall
control the election of members of the United States House of
Representatives from Georgia Congressional Districts No. 4 and 5.
The election of members of the United States House of Representa-
tives for Congressional Districts No. 1,2,3,6,7,8,9, and 10 continues
to be governed by the 1981 congressional redistricting plan. The
GEORGIA LAWS 1983 SESSION
2-1
provisions of this Part I of this Act shall control over any conflicting
provisions of the Code of 1933, as amended, particularly by an Act
approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall
control over any conflicting provisions of the Official Code of Georgia
Annotated which will become effective November 1, 1982, as
amended by said Act approved September 22,1981 (Ga. L. 1981, Ex.
Sess., p. 131), and shall control over any conflicting provisions of any
other law of this state, unless and until a ruling in Busbee v. Smith
makes Section 4 of this Act effective.
Section 6. (a) This Part I of this Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
(b) This Part I of this Act shall not be repealed by conflicting
provisions of the Official Code of Georgia Annotated which shall
become effective November 1,1982.
Part II
Section 7. The General Assembly finds that the court proceed-
ings referred to in Section 1 of this Act have delayed the holding of
elections in all of Georgias congressional districts. The General
Assembly finds that the existing delay of these elections and uncer-
tainty over the future progress of these court proceedings require the
enactment of this Part II of this Act in order to grant to the Governor
broad authority to alter times and procedures otherwise specified for
the election of members of the United States House of Representa-
tives. The General Assembly declares that this grant of authority to
the Governor, which is limited to proceedings related to the election
of congressmen to take office in 1983, is necessary so that such
proceedings may be carried out with a minimum of expense and delay
and in compliance with federal and state law.
Section 8. (a) The Governor may at any time issue the call for
any special primaries which are necessary to ensure that primaries are
held for the nomination of candidates in each congressional district in
Georgia for purposes of the election of members of the United States
House of Representatives from Georgia to take office in 1983. If it is
not possible to elect congressmen at the November, 1982, general
election, the Governor may also at any time issue the call for any
special election which is necessary to ensure that an election is held
for all of such congressmen as soon after the date of the November,
2-J
GENERAL ACTS AND RESOLUTIONS, VOL. I
1982, general election as is reasonably possible. The Governor may
also at any time fix any date for, and issue any call necessary for, any
run-off primary or run-off election required to be held after said
primary or said election. No specific period of time shall be required
to elapse between the call of and the holding of any such primary,
primary runoff, election, or run-off election.
(b) In connection with the calling and holding of any such
primary, primary runoff, election, and run-off election, the Governor
shall have full authority to fix the dates of and prescribe the manner
of:
(1) Publications and advertisements of any matters
required to be published or advertised;
(2) Printing of ballots and absentee ballots;
(3) The certification of candidates by political parties and
political bodies;
(4) The posting of names of candidates;
(5) The qualification of and filing of notice of candidacy by
candidates;
(6) The certification of names of poll watchers;
(7) The registration of voters;
(8) The substituted nomination of candidates;
(9) The notice of and holding of conventions by political
bodies;
(10) The preparation and availability of voting machines,
vote recorders, and ballots; and
(11) Such other like matters as are necessary or appropriate.
(c) In connection with the election of congressmen to take office
in 1983, the Governor shall prescribe such period of time as is
reasonably practicable for the circulation of petitions for the nomina-
tion of candidates by petition. The Governor shall fix the number of
GEORGIA LAWS 1983 SESSION
2-K
electors signatures necessary for nomination by petition in accord-
ance with the following formula: The number of signatures necessary
for nomination by petition in each congressional district shall be fixed
at a number which reasonably approximates the product derived by
multiplying 5 percent of the number of electors within the district
eligible to vote at the last general election times a fraction; the
numerator of this fraction shall be the number of days within the
period of time prescribed for circulation of petitions and the denomi-
nator shall be 180. In no event, however, shall the number of electors
whose signature is required be set at less than one-half of 1 percent of
the number of electors within the district eligible to vote at the last
general election. The Governor shall prescribe the deadline for filing
of such petitions.
(d) To the extent practicable, all proceedings for the election of
congressmen to take office in 1983 shall be as provided in the
Georgia Election Code. The provisions of this Part II of this Act
shall, however, control over any conflicting provisions of the Georgia
Election Code, Title 34 of the Code of 1933 and Title 21 of the
Official Code of Georgia Annotated or any other law of this state; and
the Governor, with respect to any matters as to which he is given
authority by this Part II of this Act, shall not be bound by the
provisions of the Georgia Election Code or any other law of this
state.
Section 9. This Part II of this Act shall apply only for purposes
of election of members of the United States House of Representatives
from the State of Georgia to take office in 1983; and this Part II of this
Act shall be repealed in its entirety upon the day after the day in 1983
on which all members of the United States House of Representatives
from the State of Georgia shall have taken office.
Section 10. This Part II of this Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 11. If this Part II of this Act has not been approved for
enforcement under Section 5 of the federal Voting Rights Act by
August 13,1982, this Part II of this Act shall as of Midnight, August
13,1982, be repealed in its entirety.
Approved August 8,1982.







ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1983
Compiled and Published by authority of The.State










ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1983
OFFICIAL CODE OF GEORGIA ANNOTATED
AMENDED.
No. 1 (House Bill No. 3).
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 and in Acts of the General Assembly
amending the Official Code of Georgia Annotated; to reenact the
statutory portion of the Official Code of Georgia Annotated, as
amended; to provide for necessary or appropriate revisions and
modernizations of matters contained in the Official Code of Georgia
Annotated; to revise certain citations and language in the Official
Code of Georgia Annotated as a result of the ratification of the new
Constitution of the State of Georgia at the 1982 general election; to
provide for citations to the Official Code of Georgia Annotated and
other codes and laws of the state; to provide for a statement of
purpose; to provide for other matters relating to the Official Code of
Georgia Annotated; to provide for effective dates; to repeal certain
specific Acts of the General Assembly; to repeal conflicting laws; and
for other purposes.
4
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1. The text of Code sections and title, chapter, article,
part, subpart, Code section, subsection, paragraph, subparagraph,
division, and subdivision numbers and designations as contained in
the Official Code of Georgia Annotated published under authority of
the state by the Michie Company in 1982 and contained in Volumes 3
through 40 of such publication, as amended by the text and number-
ing of Code sections as contained in the 1982 supplement to the
Official Code of Georgia Annotated published under authority of the
state in 1982 by the Michie Company, is reenacted and shall have the
effect of statutes enacted by the General Assembly of Georgia. Anno-
tations; editorial notes; Code Revision Commission notes; research
references; notes on law review articles; opinions of the Attorney Gen-
eral of Georgia; indexes; analyses; title, chapter, article, part, and sub-
part captions or headings, except as otherwise provided in the Code;
catchlines of Code sections or portions thereof, except as otherwise
provided in the Code; and rules and regulations of state agencies, de-
partments, boards, commissions, or other entities which are con-
tained in the Official Code of Georgia Annotated are not enacted as
statutes by the provisions of this Act. The reenactment of the statu-
tory portion of the Official Code of Georgia Annotated by this Act
shall not affect, supersede, or repeal any Act of the General Assembly,
or portion thereof, which is not contained in the Official Code of
Georgia Annotated and which was not repealed by Code Section 1-1-
10, specifically including those Acts which have not yet been included
in the text of the Official Code of Georgia Annotated because of effec-
tive dates which extend beyond the effective date of the Code or the
publication date of the Code or its supplements. The provisions con-
tained in other sections of this Act and in the other Acts enacted at
the 1983 regular session of the General Assembly of Georgia shall su-
persede the provisions of the Official Code of Georgia Annotated re-
enacted by this section.
Section 2. Title 1 of the Official Code of Georgia Annotated,
relating to general provisions, is amended as follows:
(1) Said title is amended by adding at the end of Code Section 1-
1-8, relating to references to the Official Code of Georgia Annotated,
two new subsections, to be designated as subsections (d) and (e), to
read as follows:
GEORGIA LAWS 1983 SESSION
5
(d) Unless otherwise indicated by the context in which it is
used, any citation in any public or private document, writing, or other
instrument to a law of the State of Georgia which has been codified in
the Official Code of Georgia Annotated shall be construed to be a
reference to such law as contained in the Official Code of Georgia
Annotated.
(e) Any reference in any Act of the General Assembly or in any
other public or private document, writing, or other instrument to
O.C.G.A. shall mean and refer to the Official Code of Georgia
Annotated published under authority of the State of Georgia. The
Official Code of Georgia Annotated published under authority of the
State of Georgia may be cited or referred to as O.C.G.A.
Section 3. Title 2 of the Official Code of Georgia Annotated,
relating to agriculture, is amended as follows:
(1) Said title is amended by striking the commas following the
words payment to and or representatives in the last sentence of
subsection (a) of Code Section 2-9-34, relating to bonds required.
Section 4. Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, is amended as follows:
(1) Said title is amended by striking subparagraph (i)(2)(B) of
Code Section 3-3-7, relating to alcoholic beverage sales on Sunday, as
enacted by an Act approved April 20,1982 (Ga. L. 1982, p. 1855), and
inserting in lieu thereof a new subparagraph (B) to read as follows:
(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 unincor-
porated area of such county are for approval, then paragraph (1) of
this subsection shall become of full force and effect in the unincorpo-
rated area of the county. If more than one-half of the votes cast on
such question in any municipality are for approval, then paragraph
(1) of this subsection shall become of full force and effect in such
municipality.
(2) Said title is further amended by redesignating subsection (i)
of Code Section 3-3-7, relating to alcoholic beverage sales on Sunday,
as enacted by an Act approved April 19,1982 (Ga. L. 1982, p. 1768),
as subsection (j), to reads as follows:
6
GENERAL ACTS AND RESOLUTIONS, VOL. I
(j) 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.
(3) Said title is further amended by striking from subparagraph
(b)(2)(A) of Code Section 3-4-90, relating to licensing of sales of
distilled spirits by the drink, the following:
any such future census,
and inserting in lieu thereof the following:
any future such census.
(4) Said title is further amended by striking the ballot in sub-
paragraph (b)(3)(B) of Code Section 3-4-90, relating to authorization
by counties or municipalities of issuance of licenses for the sale of
distilled spirits by the drink, in its entirety and inserting in lieu
thereof a new ballot to read as follows:
( ) YES Shall the issuance to certain restau-
( ) NO rants and organizations of licenses
to sell distilled spirits by the drink
be approved?
GEORGIA LAWS 1983 SESSION
7
(5) Said title is further amended by striking from subparagraph
(b)(1)(B) of Code Section 3-4-91, relating to procedures for authoriz-
ing sales of distilled spirits by the drink, the following:
the Georgia Election Code for county elections, or in the Georgia
Municipal Election Code,,
and inserting in lieu thereof the following:
Chapter 2 of Title 21, the Georgia Election Code, for county
elections, or in Chapter 3 of Title 21, the Georgia Municipal Election
Code,,
by adding of this subsection after paragraph (1) in subparagraph
(b)(2)(A) of said Code section, and by striking from subparagraph
(b)(2)(B) of said Code section the following:
the Georgia Election Code for county elections, or the Georgia
Municipal Election Code,,
and inserting in lieu thereof the following:
Chapter 2 of Title 21, the Georgia Election Code, for county
elections, or in Chapter 3 of Title 21, the Georgia Municipal Election
Code,.
(6) Said title is further amended by striking from subparagraphs
(1)(B) and (3)(B) of Code Section 3-6-50, relating to levy and imposi-
tion of tax on wines, the following:
without,
and inserting in lieu thereof the following:
outside.
(7) Said title is further amended by striking from subsection (b)
of Code Section 3-7-43, relating to issuance of alcoholic beverage sales
licenses to private clubs, the following:
8
GENERAL ACTS AND RESOLUTIONS, VOL. I
36,990,
and inserting in lieu thereof the following:
36,990,.
(8) Said title is further amended by striking paragraphs (1) and
(2) of subsection (a) of Code Section 3-8-3, relating to malt beverage
sales at coliseums, and inserting in lieu thereof new paragraphs (1)
and (2) to read as follows:
(1) Coliseum means any multiuse coliseum-type facility which
has a seating capacity of 9,000 or more and which is a project of a
coliseum authority, together with related buildings, facilities, and
extensions of the project.
(2) 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 5. Title 7 of the Official Code of Georgia Annotated,
relating to banking and finance, is amended as follows:
(1) Said title is amended by striking from subsection (a) of Code
Section 7-1-915, relating to criminal penalties for violations of provi-
sions to Article 11 of Chapter 1 of Title 7, the following:
subsection (b),
and inserting in lieu thereof the following:
subsection (b) of this Code section.
Section 6. Title 8 of the Official Code of Georgia Annotated,
relating to buildings and housing, is amended as follows:
(1) Said title is amended by inserting a comma following
offered for sale in paragraph (1) of subsection (a) of Code Section 8-
2-112, relating to inspection and approval of industrialized buildings,
by striking from paragraph (2) of subsection (b) of said Code section
the following:
GEORGIA LAWS 1983 SESSION
9
industrialized buildings,
and inserting in lieu thereof the following:
industrialized building,
and by adding preceding the period at the end of subsection (d) of
said Code section the following:
, the Georgia Administrative Procedure Act.
(2) Said title is further amended by striking subsection (c) of
Code Section 8-2-115, relating to appeals from applications of rules
and regulations, and inserting in lieu thereof a new subsection (c) to
read as follows:
(c) A final decision of an appeals committee of the commis-
sioner may be appealed in the same manner specified in Chapter 13 of
Title 50, the Georgia Administrative Procedure Act, to the same
courts with the same rights and limitations specified in such chapter.
(3) Said title is further amended by striking from Code Section
8-2-116, relating to injunctive relief, the following:
commission,
and inserting in lieu thereof the following:
commissioner.
(4) Said title is further amended by striking from Code Section
8-2-119, relating to the applicability of Part 2 of Article 2 of Chapter 2
of Title 8, the following:
mobile homes,
and inserting in lieu thereof the following:
manufactured homes.
(5) Said title is further amended by striking subsection (a) of
Code Section 8-2-137, relating to the conduct of hearings and the
presentation of views, and inserting in lieu thereof a new subsection
(a) to read as follows:
10
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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, the Georgia Administrative
Procedure Act.
(6) Said title is further amended by striking from subsection (a)
of Code Section 8-3-35, relating to powers of housing authorities, the
following:
the people of the state and accordingly creates and fosters,
and inserting in lieu thereof the following:
the people of the state, and accordingly creates and fosters,
and by striking from said subsection the following:
citizens of the state; that the making available,
and inserting in lieu thereof the following:
citizens of the state; and that the making available.
(7) Said title is further amended by redesignating paragraphs (2)
and (3) of subsection (a) of Code Section 8-3-50, relating to housing
authority commissioners, as enacted by an Act approved April 21,
1982 (Ga. L. 1982, p. 2107), as paragraphs (3) and (4) to read as
follows:
(3) In any city with a population of 400,000 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 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 commis-
sioners 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 unexpired term by appointment
by the mayor of said city.
GEORGIA LAWS 1983 SESSION
11
(4) 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 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 subsequent terms of office of one year. The
two additional regular commissioners and the two resident commis-
sioners shall be voting members, and five commissioners shall consti-
tute 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.
Vacancies in the office of resident commissioner shall be filled for the
unexpired term by appointment by the mayor of such city.,
and by striking subsection (b) of said Code section and inserting in
lieu thereof a new subsection (b) to read as follows:
(b) (1) When the governing body of a county adopts a resolu-
tion as provided in Code Section 8-3-5, said body shall appoint five
persons as commissioners of the authority created for said county.
(2) In addition to the five commissioners otherwise pro-
vided for in paragraph (1) of this subsection, 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 Code section in the same
manner as the five commissioners otherwise provided for in
paragraph (1) of this subsection. 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 of one of the positions created by this
paragraph shall be for a term of four years and until the appoint-
ment and qualification of his successor.
(3) In any county with a population of 550,000 or more
according to the United States decennial census of 1970 or any
12
GENERAL ACTS AND RESOLUTIONS, VOL. I
future such census in which the governing body has adopted a
resolution as provided in Code Section 8-3-5, the governing body
shall, in addition to the other commissioners authorized under
paragraph (1) of this subsection, 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 commis-
sioner, 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 unincorpo-
rated 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 unex-
pired term by appointment by the governing body of said county.
(8) Said title is further amended by inserting a comma following
That in paragraph (4) of subsection (a) of Code Section 8-3-171,
relating to legislative findings and declarations relative to the Georgia
Residential Finance Authority.
(9) Said title is further amended by striking from paragraph (2)
of subsection (d) of Code Section 8-3-175, relating to funds of the
Residential Finance Authority, the following:
Part 2 of Article 3,
and inserting in lieu thereof the following:
Part 2 of Article 3 of this chapter.
(10) Said title is further amended by striking from paragraph
(25) of subsection (a) of Code Section 8-3-176, relating to powers of
the Residential Finance Authority, the following:
To loans funds,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
13
To loan funds.
(11) Said title is further amended by striking both paragraphs
(26) and both paragraphs (27) of subsection (a) of Code Section 8-3-
176, relating to powers of the Residential Finance Authority, and
inserting in lieu thereof new paragraphs (26), (27), (28), and (29) 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
part;
(27) 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 services for the Georgia Secondary Market Corporation as
the authority deems desirable;
(28) 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;
(29) To acquire and enter into commitments to acquire con-
struction loan certificates and project loan certificates with bond
proceeds and to pledge or otherwise to use any such construction loan
certificates or project loan certificates in such manner as the author-
ity deems in its best interest to secure or otherwise to provide a source
of repayment for its bonds.
(12) Said title is further amended by striking from subsection (a)
of Code Section 8-3-179, relating to purchase of mortgages and
participation therein by the Georgia Residential Finance Authority,
the following:
residential real property for single- and multi-family units,
and inserting in lieu thereof the following:
residential real property for single and multifamily units.
14
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) Said title is further amended by striking from paragraphs
(3), (5), and (6) of subsection (a) of Code Section 8-3-180, relating to
issuance and validation of revenue bonds and notes by the Georgia
Residential Finance Authority, the following:
multi-family residential housing,
and inserting in lieu thereof the following:
multifamily residential housing.
(14) Said title is further amended by striking from the end of
paragraph (5) of Code Section 8-3-190.2, relating to definitions for the
Georgia Secondary Market Corporation Act, the following:
Code Section 8-3-192.6,
and inserting in lieu thereof the following:
Code Section 8-3-192.1,
by striking from paragraph (8) of said Code section the following:
hereof,
and by striking from paragraph (11) of said Code section the follow-
ing:
Code Section 8-3-192.3,
and inserting in lieu thereof the following:
Code Section 8-3-192.2.
(15) Said title is further amended by striking from subsection
(b) of Code Section 8-3-191.1, relating to the board of directors of the
Georgia Secondary Market Corporation, the following:
as it fully sets out,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
15
as if fully set out,
and by striking paragraph (1) of subsection (b) and inserting in lieu
thereof a new paragraph (1) to read as follows:
(1) That nothing in this subsection shall be construed to mean
that the board of directors of the corporation must elect the same
persons to serve as officers of the board of directors of the corporation
as are elected by the board of directors of the authority to serve as
officers of the board of directors of the authority;.
(16) Said title is further amended by striking from subsection (c)
of Code Section 8-3-191.2, relating to the chief administrative officer
of the Georgia Secondary Market Corporation, the following:
subsections (a) and (b),
and inserting in lieu thereof the following:
subsections (a) and (b) of this Code section,
by striking from subsection (d) of said Code section the following:
personnel as is necessary,
and inserting in lieu thereof the following:
personnel as are necessary,
and by striking the comma following this Code section in subsec-
tion (e).
(17) Said title is further amended by striking from subsection (a)
of Code Section 8-3-192, relating to guarantees of payment on securi-
ties, the following:
of this part.
(18) Said title is further amended by striking from Code Section
8-3-192.8, relating to application of proceeds of fees charged by the
Georgia Secondary Market Corporation, the following:
16
GENERAL ACTS AND RESOLUTIONS, VOL. I
Code Section 8-3-193.5 of this part,
and inserting in lieu thereof the following:
Code Section 8-3-193.4,
and by striking from said Code section the following:
Code Section 8-3-193.6,
and inserting in lieu thereof the following:
Code Section 8-3-193.5.
(19) Said title is further amended by striking from subsection
(b) of Code Section 8-3-193, relating to issuance of mortgage capital
certificates, the following:
section,
and inserting in lieu thereof the following:
Code section,
by inserting following the word including in subsection (f) of said
Code section the following:
Title 11,,
and by striking subsection (1) of said Code section and inserting in
lieu thereof a new subsection (1) to read as follows:
(1) All mortgage capital certificates shall be executed, con-
firmed, and validated under, and in accordance with, Article 3 of
Chapter 82 of Title 36, known as the Revenue Bond Law, except as
otherwise provided in this part. The venue for all validation proceed-
ings 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 validation bearing the facsimile signature of the clerk
of the Fulton County Superior Court stating the date on which said
bonds were validated and such entry shall be original evidence of the
fact of judgment and shall be received as original evidence in any
GEORGIA LAWS 1983 SESSION
17
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 7. Title 9 of the Official Code of Georgia Annotated,
relating to civil practice and procedure, is amended as follows:
(1) Said title is amended by striking from subsection (b) of Code
Section 9-15-2, relating to affidavits of indigence in civil proceedings,
the following:
or other cost can be paid,
and inserting in lieu thereof the following:
or other costs can be paid.
Section 8. Title 10 of the Official Code of Georgia Annotated,
relating to commerce and trade, is amended as follows:
(1) Said title is amended by striking the semicolon at the end of
paragraph (9) of Code Section 10-1-233, relating to acts of a gasoline
distributor violating the Gasoline Marketing Practices Act, and
inserting in lieu thereof a period and by striking in their entirety
paragraphs (10) and (11) from said Code section, which read as
follows:
(10) After July 1, 1978, to refuse to continue to deal with an
automotive gasoline dealer with whom it has had a marketing agree-
ment for three years unless:
(A) The dealer fails to comply with conditions of such
agreement or fails to act in good faith in carrying out the terms of
such agreement; or
(B) Such automotive gasoline distributors principal stock-
holder or principal operator dies during the term of any marketing
agreement, in which case such agreement may be refused renewal
by the heirs giving notice as provided for in this article; or
18
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) The dealer has violated the laws of this state relative to
the ownership or operation of retail businesses;
(11) After July 1, 1978, to refuse to continue to deal with an
automotive gasoline dealer with whom it has had a marketing agree-
ment for three years if such automotive gasoline dealer satisfies the
court in an action brought by the automotive gasoline dealer under
this Code section that such refusal to deal is not the product of the
good faith business judgment of the automotive gasoline distributor.
(2) Said title is further amended by striking Code Section 10-1-
236 in its entirety, which reads as follows:
10-1-236. (a) It shall be a defense to any action brought under
Code Section 10-1-235 that the marketing agreement was terminated
or canceled because the distributor is not receiving rental in accord-
ance with the terms of the agreement or for other legitimate business
reason; provided, however, assumption by the distributor of the
dealers operation shall not be a legitimate business reason for
cancellation.
(b) No gasoline distributor may raise the defense set forth in
subsection (a) of this Code section to an action brought under Code
Section 10-1-235 unless he shall have given to the gasoline dealer who
brings such action the written notice required by paragraph (2) of
Code Section 10-1-233.
(c) This defense is in addition to other defenses specified in this
article and defenses available under contract or provided by law.
(3) Said title is further amended by striking subsection (b) of
Code Section 10-1-598, relating to contracts of membership in buying
services and the requirements for such contracts, in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) Every contract must be in writing, must be signed by the
member, must designate the date on which the member signed the
contract, and must state, clearly and conspicuously in boldface type
of a minimum size of 14 points, the following:
GEORGIA LAWS 1983 SESSION
19
MEMBERS RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or
mailing a written notice to the club. The notice must say that you do
not wish to be bound by the contract and must be delivered or mailed
before 12:00 Midnight of the third business day after you sign this
contract. The notice must be delivered or mailed to: (insert name and
mailing address of club). If you cancel, the club will return, within ten
days of the date on which you give notice of cancellation, a total
refund.
(4) Said title is further amended by striking from paragraph (6)
of Code Section 10-4-211, relating to definitions concerning self-
service storage facilities, the following:
safety deposit box,
and inserting in lieu thereof the following:
safe-deposit box.
(5) Said title is further amended by striking from the next-to-
last sentence in Code Section 10-4-213, relating to enforcement of
warehousemens liens without judicial intervention, the following:
Code Chapter 44-12,
and inserting in lieu thereof the following:
Chapter 12 of Title 44.
(6) Said title is further amended by striking from paragraphs (1)
and (2) of subsection (d) of Code Section 10-9-15, relating to the
power of the Geo. L. Smith II Georgia World Congress Center
Authority with regard to ensuring maximum use of the project, the
following:
of the Official Code of Georgia Annotated.
(7) Said title is further amended by striking from Code Section
10-9-16, relating to the duties of the Attorney General relative to the
Geo. L. Smith II Georgia World Congress Center Authority, the
following:
20
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the Official Code of Georgia Annotated.
Section 9. Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, is amended as follows:
(1) Said title is amended by striking the word and at the end of
paragraph (12) of Code Section 12-3-194, relating to the powers of the
Stone Mountain Memorial Association, by striking the period and
inserting in lieu thereof ; and at the end of paragraph (13), and by
adding a new paragraph (14) at the end of said Code section to read as
follows:
(14) To sell, upon obtaining a license from the Department of
Revenue, alcoholic beverages, as defined in Title 3, at any motel,
hotel, or convention center of the association located within the
territorial limits of property controlled by the Stone Mountain
Memorial Association, but no licenses for the sale of alcoholic bever-
ages in unbroken packages for carry-out purposes shall be issued.
(2) Said title is further amended by striking paragraph (8) of
Code Section 12-3-403, relating to the powers of the Upper Savannah
River Development Authority, in its entirety and inserting in lieu
thereof a new paragraph (8) to read as follows:
(8) To accept loans or grants of money or materials or property
of any kind from the State of Georgia or any agency or instrumental-
ity or political subdivision thereof upon such terms and conditions as
the State of Georgia or such agency or instrumentality or political
subdivision may impose;.
(3) Said title is further amended by striking Code Section 12-3-
422, relating to the general purpose of the Upper Savannah River
Development Authority, in its entirety and inserting in lieu thereof a
new Code Section 12-3-422 to read as follows:
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
GEORGIA LAWS 1983 SESSION
21
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 leasing or
selling any or all of such facilities, including real property, and doing
any and all things deemed by the authority to be necessary, conve-
nient, or desirable for and incident to the efficient and proper
development and operation of such types of undertakings.
(4) Said title is further amended by striking the semicolons at
the end of paragraphs (1), (2), (3), and (4) of subsection (b) of Code
Section 12-5-31, relating to permits for withdrawals or diversion of
surface waters, and inserting periods in lieu thereof and by striking
from subsection (m) of said Code section the following:
insuring,
and inserting in lieu thereof the following:
ensuring.
(5) Said title is further amended by striking subparagraph
(4)(B) of Code Section 12-5-372, relating to definitions of terms used
in the Georgia Safe Dams Act of 1978, in its entirety and inserting
in lieu thereof a new subparagraph (B) to read as follows:
(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 Service, 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 maintenance requirements of the federal
agency; provided, however, that this exemption shall cease for all
such dams on November 1, 1985, unless the supervising federal
agency certifies to the director that such dams are in compliance
with requirements of this part, including minimum spillway
design;
22
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) Any dam licensed by the Federal Energy Regulatory
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, 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 and for the purposes of
subsection (b) of Code Section 12-5-376.
(6) Said title is further amended by striking subsection (g) of
Code Section 12-5-375, relating to the powers and duties of the State
Soil and Water Conservation Committee relative to dam safety, in its
entirety and inserting 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.
(7) Said title is further amended by striking subsection (d) of
Code Section 12-5-376, relating to permits to construct and operate
dams, in its entirety and inserting in lieu thereof a new subsection (d)
to read as follows:
(d) Consistent with the provisions of Code Section 12-5-376.1,
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 information as he
deems relevant in connection with the issuance of such permits and
subsequent construction and operation of such dams.
(8) Said title is further amended by striking paragraphs (2) and
(3) of subsection (a) of Code Section 12-5-376.1, relating to subclassi-
fication of category I dams, in their entirety and inserting in lieu
thereof new paragraphs (2) and (3) to read as follows:
GEORGIA LAWS 1983 SESSION
23
(2) Height means the height of a dam determined in the
manner described by paragraph (4) of Code Section 12-5-372.
(3) Acre-feet means the measurement of the impounding
capacity of a dam as described in paragraph (4) of Code Section 12-5-
372.
(9) Said title is further amended by striking paragraphs (1) and
(4) of Code Section 12-5-441, relating to definitions as used in the
Metropolitan River Protection Act, in their entirety and inserting
in lieu thereof new paragraphs (1) and (4) to read as follows:
(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 contained 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.
(4) Commission means the metropolitan area planning and
development commission created for each such area pursuant to the
authority contained in Article 2 of Chapter 8 of Title 50.
(10) Said title is further amended by striking from Article II b.
of the Southeast Interstate Low-Level Radioactive Waste Manage-
ment Compact, as contained in Code Section 12-8-122, the following:
radio active,
and inserting in lieu thereof the following:
radioactive,
by striking from Article IV m. of said Code section the following:
Except or otherwise provided herein,
and inserting in lieu thereof the following:
Except as otherwise provided herein,
24
GENERAL ACTS AND RESOLUTIONS, VOL. I
by striking from Article V b. of said Code section the following:
therefore,
and inserting in lieu thereof the following:
therefor,
by striking from Article VII d.l. of said Code section the following:
Southeast Low-Level Radioactive Waste Commission,
and inserting in lieu thereof the following:
Southeast Interstate Low-Level Radioactive Waste Commis-
sion,
and by striking from Article VII h. of said Code section the following:
states,
and inserting in lieu thereof the following:
state.
Section 10. Title 13 of the Official Code of Georgia Annotated,
relating to contracts, is amended as follows:
(1) Said title is amended by striking from subparagraph
(c)(3)(A) of Code Section 13-8-15, relating to unfair competition and
deceptive trade practices, the following:
part 13-8-15(c)(3)(B)(iii),
and inserting in lieu thereof the following:
division (c)(3)(B)(iii) of this Code Section.
(2) Said title is further amended by striking from subparagraph
(c)(3)(A) of Code Section 13-8-35, relating to unfair competition and
deceptive trade practices, the following:
GEORGIA LAWS 1983 SESSION
25
part 13-8-35(c)(3)(B)(iii),
and inserting in lieu thereof the following:
division (c)(3)(B)(iii) of this Code section.
Section 11. 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 striking from the form contained in
subsection (e) of Code Section 14-2-283, relating to involuntary
dissolution of corporations by the Secretary of State, the following:
Article 13 of this chapter,
and inserting in lieu thereof the following:
Article 13 of Chapter 2 of Title 14 of the Official Code of Georgia
Annotated.
(2) Said title is further amended by striking from the form
contained in subsection (c) of Code Section 14-2-327, relating to
application for reinstatement after revocation of a certificate of
authority, the following:
the Georgia Corporation Code,
and inserting in lieu thereof the following:
the Georgia Business Corporation Code.
(3) Said title is further amended by striking subparagraph
(a)(2)(B) of Code Section 14-3-40, relating to corporate names of
nonprofit corporations, in its entirety and inserting in lieu thereof a
new subparagraph (B) to read as follows:
(B) That the corporation is organized by, affiliated with, or
sponsored by any fraternal, veterans, service, religious, charitable, or
professional organization, unless that fact is certified in writing in a
manner satisfactory to the Secretary of State by the organization with
which affiliation or sponsorship is claimed; or.
26
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Said title is further amended by striking from the certificate
contained in Code Section 14-4-101, relating to the issuance of a
certificate of amendment to acquire powers, the following:
secretary,
and inserting in lieu thereof the following:
Secretary of State.
(5) Said title is further amended by striking from paragraph
(4.5) of Code Section 14-6-1, relating to definitions relative to corpo-
rate takeover, the following:
otherevidence,
and inserting in lieu thereof the following:
otherevidence,
by inserting a comma following the words for the purposes of this
chapter in subparagraph (9)(B) of said Code section, and by striking
from subdivision (9)(B)(v)(II) of said Code section the following:
of the Georgia Insurance Code.
(6) Said title is further amended by striking from paragraph (7)
of subsection (b) of Code Section 14-6-2, relating to the registration of
corporate takeover bids, the following:
paragraph (6) above,
and inserting in lieu thereof the following:
paragraph (6) of this subsection,
by striking from the fourth sentence of subsection (e) of said Code
Section the following:
under this section,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
27
under this Code section,
by striking from the second sentence of subsection (h) of said Code
section the following:
in bold face print,
and inserting in lieu thereof the following:
in boldface print,
and by striking from subsection (i) of said Code section the following:
pursuant to subsection (b),
and inserting in lieu thereof the following:
pursuant to subsection (b) of this Code section.
Section 12. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended as follows:
(1) Said title is amended by striking twice from subsection (c) of
Code Section 15-3-5, relating to the compensation of Judges of the
Court of Appeals, the following:
subsection (a),
and inserting in lieu thereof the following:
subsection (b).
(2) Said title is further amended by inserting a comma after the
word July in subparagraph (a)(2)(A) of Code Section 15-6-3, relat-
ing to terms of superior court, by inserting a comma after the word
August in subparagraph (a)(2)(B) of said Code section, by striking
from subparagraph (a)(8)(F) of said Code section the following:
Mondays,
and inserting in lieu thereof the following:
28
GENERAL ACTS AND RESOLUTIONS, VOL. I
Monday,
by inserting after the word Spalding in subparagraph (a)(19)(C) of
said Code section the following:
County,
by inserting a comma after the word July in subparagraph
(a)(24)(B) of said Code section, and by inserting a comma after the
word August in subparagraph (a)(40)(A) of said Code section.
(3) Said title is further amended by striking the period following
paragraph (11) of Code Section 15-6-61, relating to duties of superior
court clerks, and inserting in lieu thereof a semicolon.
(4) Said title is further amended by striking from the undesig-
nated language of paragraph (5) of subsection (c) of Code Section 15-
6-77, relating to fees allowed to clerks of the superior courts, the
following:
April 1,1963,
and inserting in lieu thereof the following:
July 1,1981.
(5) Said title is further amended by striking from paragraph (6)
of subsection (c) of Code Section 15-6-77, relating to fees allowed to
clerks of the superior courts, the following:
and filing of continuation,,
and inserting in lieu thereof the following:
and filing of succeeding continuation statement,.
(6) Said title is further amended by striking from paragraph (2)
of subsection (c) of Code Section 15-6-86, relating to changing the
location of the office of the clerk of superior court, the following:
subsection (a) and (b),
GEORGIA LAWS 1983 SESSION
29
and inserting in lieu thereof the following:
subsections (a) and (b),
and by striking from said paragraph the following:
insure,
and inserting in lieu thereof the following:
ensure.
(7) Said title is further amended by striking from paragraph (7)
of Code Section 15-9-37, relating to duties of clerks of probate courts,
the following:
paragraphs (7) or (8),
and inserting in lieu thereof the following:
paragraph (7) or (8).
(8) Said title is further amended by striking from subsection (e)
of Code Section 15-9-60, relating to fees allowed to judges of probate
courts, the following:
subsection (a),
and inserting in lieu thereof the following:
subsections (a) through (d).
(9) Said title is further amended by striking from subsection (a)
of Code Section 15-9-102, relating to the composition and terms of
office of the Executive Probate Judges Council of Georgia, the
following:
the three state at large members,
and inserting in lieu thereof the following:
the three state-at-large members.
30
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Said title is further amended by striking from subsection (a)
of Code Section 15-10-132, relating to the composition of the Georgia
Justice Courts Training Council, the following:
five justices justice of the peace,
and inserting in lieu thereof the following:
five justices of the peace.
(11) Said title is further amended by striking from subsection (a)
of Code Section 15-11-54, relating to placement of juveniles after an
order terminating parental rights, the following:
Division of Youth Services,
and inserting in lieu thereof the following:
Department of Human Resources.
(12) Said title is further amended by striking subsection (a) of
Code Section 15-12-60, relating to qualifications of grand jurors, and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) Except as provided in subsection (b) of this Code section, 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 service, and who are
the most experienced, upright, and intelligent persons are qualified
and liable to serve as grand jurors unless exempted by law.
(13) Said title is further amended by striking paragraph (4) of
subsection (b) of Code Section 15-16-21, relating to fees allowed to
sheriffs, and inserting in lieu thereof a new paragraph (4) to read as
follows:
(4) Each levy or writ of fieri facias..................15.00.
(14) Said title is further amended by striking from Code Section
15-16-27, relating to the deposit of cash bonds and reserves of
professional bondsmen by sheriffs of certain counties, the following:
GEORGIA LAWS 1983 SESSION
31
decennial census of 1980 or any future decennial census,
and inserting in lieu thereof the following:
United States decennial census of 1980 or any future such
census.
(15) Said title is further amended by striking from subsection (c)
of Code Section 15-18-14, relating to appointment and compensation
of assistant district attorneys, the following:
assistant district pursuant,
and inserting in lieu thereof the following:
assistant district attorney pursuant.
(16) Said title is further amended by striking from subsection (c)
of Code Section 15-22-6, relating to the Courts of Limited Jurisdic-
tion Fund, the following:
administrative office of the courts,
and inserting in lieu thereof the following:
Administrative Office of the Courts.
Section 13. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended as follows:
(1) Said title is amended by striking the period following para-
graph (4) of subsection (b) of Code Section 16-11-64, relating to the
interception of wire or oral transmissions by law enforcement officers,
and inserting in lieu thereof a semicolon.
(2) Said title is further amended by striking from subsection (b)
of Code Section 16-12-32, relating to seizure and disposition of certain
property, the following:
violation of this chapter,
and inserting in lieu thereof the following:
32
GENERAL ACTS AND RESOLUTIONS, VOL. I
violation of this article.
(3) Said title is further amended by striking from subsection (b)
of Code Section 16-12-36, relating to certain promotional contests, as
enacted by an Act approved April 16,1982 (Ga. L. 1982, p. 1661), the
following:
contest,
and inserting in lieu thereof the following:
promotion
(4) Said title is further amended by redesignating Code Section
16-12-36, relating to dogfighting, as enacted by an Act approved April
22, 1982 (Ga. L. 1982, p. 2214), as Code Section 16-12-37, so that
when so amended said Code section shall read as follows:
16-12-37. (a) A person commits the offense of dogfighting
when he causes or allows a dog to fight another dog for sport or
gaming 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.
(5) Said title is further amended by striking from subsection (a)
of Code Section 16-12-85, relating to the display of previews of
restricted films to general audiences, the following:
accompanied,
and inserting in lieu thereof the following:
accompanied.
(6) Said title is further amended by striking paragraphs (121),
(166), (203), (305), (741), (851), and (986) of subsection (b) of Code
Section 16-13-71, relating to dangerous drugs, and inserting in lieu
thereof new paragraphs (121), (166), (203), (305), (741), (851), and
(986) to read as follows:
GEORGIA LAWS 1983 SESSION
33
(121) Butyl nitrite;
(166) Chlordiazepoxide in combination with clidinium bromide
or water soluble esterified estrogens;
(203) Clortermine;
(305) Diphtheria and tetanus toxoids and pertussis vaccine;
(741) Plague vaccine;
(851) Salmonella typhosa, Killed;
(986) Trifluoperazine;,
by inserting between paragraphs (224) and (226) of subsection (b) of
said Code section a new paragraph, to be designated as paragraph
(225), to read as follows:
(225) Reserved;,
by striking paragraph (25) of subsection (c) of said Code section and
inserting in lieu thereof a new paragraph (25) to read as follows:
(25) Selenium sulfide suspension 1 percent or less in strength;,
and by striking paragraph (34) of subsection (d) of said Code section
and inserting in lieu thereof a new paragraph (34) to read as follows:
(34) Mercury bichloride;.
(7) Said title is further amended by striking from Code Section
16-13-90, relating to the definition of model glue, the following:
or chemical substitute,
and inserting in lieu thereof the following:
or chemical substance.
(8) Said title is further amended by striking from division
(3)(A)(xv) of Code Section 16-14-3, relating to RICO definitions, the
following:
34
GENERAL ACTS AND RESOLUTIONS, VOL. I
Chapter 9,
and inserting in lieu thereof the following:
Chapter 10.
Section 14. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended as follows:
(1) Said title is amended by inserting after the phrase in
subsection (b) in subsection (a) of Code Section 17-6-1, relating to
procedures regarding bail of persons accused of crimes, the following:
of this Code section,
by inserting after the second reference to the phrase in paragraph
(2), in subparagraph (b)(1)(A) of said Code section the following:
of this subsection,
by inserting after the second reference to the phrase in paragraph
(2) in subparagraph (b)(1)(B) of said Code section the following:
of this subsection,
by inserting after the second reference to the phrase in paragraph
(2) in subparagraph (b)(1)(C) of said Code section the following:
of this subsection,
and by inserting four times after the words subsection (b) in
subsection (c) of said Code section the following:
of this Code section.
(2) Said title is further amended by redesignating Code Section
17-6-70, relating to the procedure for forfeiture of bonds or recogni-
zances, as enacted by an Act approved April 16,1982 (Ga. L. 1982, p.
1658), as Code Section 17-6-70.1, so that when so amended said Code
section shall read as follows:
17-6-70.1. Upon the failure of any principal in any bond or
recognizance given by a person charged with a penal offense to appear
GEORGIA LAWS 1983 SESSION
35
or of a witness to appear and testify, the prosecuting attorney shall
proceed to forfeit such bond or recognizance.
(3) Said title is further amended by striking subsection (c) of
Code Section 17-6-72, relating to judgments on forfeitures of appear-
ance bonds, which reads as follows:
(c) Reserved.,
and by redesignating subsection (d) as subsection (c), so that when so
amended said subsection shall read as follows:
(c) 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.
(4) Said title is further amended by striking from subsection (a)
of Code Section 17-10-7, relating to punishment of repeat offenders,
the following:
commit a crime,
and inserting in lieu thereof the following:
commit a felony.
Section 15. Title 19 of the Official Code of Georgia Annotated,
relating to domestic relations, is amended as follows:
(1) Said title is amended by striking from the third paragraph
contained in the form in paragraph (2) of subsection (c) of Code
Section 19-8-4, relating to execution of surrender of parental rights,
the following:
Official Code of Georgia,
and inserting in lieu thereof the following:
Official Code of Georgia Annotated.
Section 16. Title 20 of the Official Code of Georgia Annotated,
relating to education, is amended as follows:
36
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Said title is amended by striking from subsection (a) of Code
Section 20-2-51, relating to selection of members of county boards of
education, the following:
freeholders,
and inserting in lieu thereof the following:
persons.
(2) Said title is further amended by striking from Code Section
20-2-53, relating to certification of county boards of education, the
following:
Grand Jury;,
and inserting in lieu thereof the following:
grand jury,.
(3) Said title is further amended by striking the words a
freeholder, from Code Section 20-2-80, relating to appointment of
local school trustees.
(4) Said title is further amended by striking paragraphs (3) and
(11) of subsection (b) of Code Section 20-2-250, relating to duties of
the State Board of Education, in their entirety and inserting in lieu
thereof new paragraphs (3) and (11) to read as follows:
(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 buildings, construc-
tion of additions to buildings, retrofitting of existing buildings for
energy conservation, and initial and additional equipment and fur-
nishings for educational facilities.
(11) Renovation or modernization or both refers to construc-
tion projects which consist of the initial installation or replacement of
major building components such as lighting, heating, air-condition-
ing, plumbing, roofing, electrical, electronic, or flooring systems;
millwork; cabinet work and fixed equipment; energy retrofit pack-
ages; or room-size modifications within an existing facility, but
excluding routine maintenance and repair items or operations.,
GEORGIA LAWS 1983 SESSION
37
by adding the words of this Code section immediately following
subsections (f), (g), (h), and (i) in paragraph (6) of subsection (c) of
said Code section; by adding the words of this Code section
immediately following subsections (h) and (i) in subsection (e) of
said Code section; by adding of this Code section immediately
following subsection (c) and twice immediately following subsec-
tion (f) in paragraph (2) of subsection (e) of said Code section; by
adding the words of this Code section immediately following sub-
section (c) in paragraphs (5) and (6) of subsection (e); by striking
paragraph (2) below and inserting in lieu thereof paragraph (2) of
this subsection in paragraph (1) of subsection (g); by adding of this
Code section following subsection (f) in paragraph (2) of subsec-
tion (g); by striking subsection (f) above and inserting in lieu
thereof subsection (f) of this Code section in paragraph (1) of
subsection (h); by adding of this Code section following subsec-
tions (c) and (e) in subparagraph (h)(2)(A) of said Code section; by
striking subsections (c) and (e) above and inserting in lieu thereof
subsections (c) and (e) of this Code section in subparagraph
(h)(2)(B); by adding of this Code section following subsection (g)
in subparagraph (h)(2)(B) of said Code section; by striking para-
graph (2) above and inserting in lieu thereof paragraph (2) of this
subsection in paragraph (3) of subsection (h) of said Code section; by
striking paragraph (1) above and inserting in lieu thereof para-
graph (1) of this subsection in paragraph (4) of subsection (h) of said
Code section; by adding of this Code section following subsection
(h) in subparagraph (i)(5)(B) of said Code section; by adding of this
Code section following paragraph (5) of subsection (f) in subpara-
graph (i)(5)(B) of said Code section; by adding of this Code section
following subsection (h) in subparagraph (i)(5)(C) of said Code
section; and by adding of this Code section following subsection
(i) and subsection (h) in subsection (j) of said Code section.
(5) Said title is further amended by striking paragraphs (1), (2),
and (3) of subsection (c) of Code Section 20-2-250, relating to duties
of the State Board of Education, in their entirety and inserting in lieu
thereof new paragraphs (1), (2), and (3) to read as follows:
(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 construction and
design; size, number, and type of construction space; amount of
instructional space in permanent and temporary buildings; local
38
GENERAL ACTS AND RESOLUTIONS, VOL. I
property assessment for bond purposes; outstanding school bonds
and annual debt service; and 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. Department of Education staff
shall review, certify the accuracy of, and approve each local units
inventory;
(2) To adopt policies, guidelines, and standards for the educa-
tional facilities survey required of local units. The educational
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; employees of the local board, the
servicing cooperative educational services agency, and other educa-
tional centers and agencies servicing the local board; and individuals
deemed unacceptable to the local board. The State Board of Educa-
tion shall establish and maintain qualification standards for partici-
pants of survey teams. Each educational facilities survey shall
include, but not be limited to, an analysis of population growth and
development patterns; assessment of existing instructional and sup-
port space; assessment of existing educational facilities; extent of
obsolescence of facilities; recommendations for improvements,
expansion, modernization, safety, and energy retrofitting 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 educational
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 abandonment, if any;
educational facilities projected as needed five years hence; proposed
construction projects for modernization, renovation, and energy
retrofitting; 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 1983 SESSION
39
(6) Said title is further amended by striking from subsection (a)
of Code Section 20-2-690, relating to certain responsibilities of par-
ents or guardians of children between seven and 16 years of age, the
following:
subsection (b) of this Code section,
and inserting in lieu thereof the following:
Chapter 11 of Title 15.
(7) Said title is further amended by striking paragraph (3) of
Code Section 20-2-910, relating to definitions regarding public school
employees, in its entirety and inserting in lieu thereof a new para-
graph (3) to read as follows:
(3) Public school employee means an employee as defined in
paragraph (20) of Code Section 47-4-2 Public school employee also
means classroom aides, paraprofessionals, and noncertified adminis-
trative and clerical personnel. It is specifically provided, however,
that the term public school employee shall not include any emer-
gency or temporary employee or any other employee who works in a
position otherwise covered by such term less than 60 percent of the
time required to carry out the duties of such position.
(8) Said title is further amended by striking subsection (b) of
Code Section 20-2-920, relating to contributions to a health insurance
plan for public school employees, in its entirety and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) The Department of Education shall contribute to the
health insurance fund such portion of the costs of such benefits as
may be established by the board to maintain the employee contribu-
tions consistent with other health insurance plans administered by
the board.
(9) Said title is further amended by striking paragraph (4) of
subsection (a) of Code Section 20-2-942, relating to procedure for
nonrenewal of contract or demotion of teachers, in its entirety and
inserting in lieu thereof a new paragraph (4) to read as follows:
(4) Teacher means any professional school employee certifi-
cated by the State Board of Education.
40
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Said title is further amended by striking from Code Section
20-2-987, relating to the employment of an executive secretary of the
Professional Standards Commission, the following:
member of Employees Retirement System of Georgia,
and inserting in lieu thereof the following:
member of the Employees Retirement System of Georgia.
(11) Said title is further amended by adding the words of this
Code section immediately following in subsection (b) in subsec-
tion (a) of Code Section 20-3-475, relating to the establishment of
grants for attendance at colleges of osteopathic medicine.
(12) Said title is further amended by striking subsections (a) and
(b) of Code Section 20-8-5, relating to law enforcement powers of
school security personnel, in their entirety and inserting in lieu
thereof new subsections (a) and (b) to read as follows:
(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) of this
Code section and who are authorized by the county board of educa-
tion 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
Chapter 8 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.
Section 16.1. Title 22 of the Official Code of Georgia Annotated,
relating to eminent domain, is amended as follows:
GEORGIA LAWS 1983 SESSION
41
(1) Said title is amended by adding a new Code Section 22-2-
102.1 to read as follows:
22-2-102.1. Whenever it shall be necessary for such condemn-
ing body to take or damage private property, or any interest or
easement therein, in pursuance of any law so authorizing, for any
public purpose, and where, by reason of the necessities of the public
needs, of which the condemning body shall be the exclusive judge, and
it shall be desirable for these reasons to have a quick and effective
adjudication of the just and adequate compensation to be paid the
owner or owners of such property before taking the same, and it shall
be desirable to have a judicial ascertainment and judicial supervision
of all questions and proceedings connected with the matter, such
condemning body may, through any authorized representative, peti-
tion the superior court of the county having jurisdiction, for a
judgment in rem against said property, or any easement or other
interest in said property, condemning the same in fee simple to the
use of the petitioner upon payment of just and adequate compensa-
tion therefor.
(2) Said title is further amended by adding a new Code Section
22-2-102.2 to read as follows:
22-2-102.2. The petition referred to in Code Section 22-2-102.1
shall set forth:
(1) The facts showing the right to condemn;
(2) The property or interest to be taken or damaged;
(3) The names and residences of the persons whose property
or interests are to be taken or otherwise affected, so far as known;
(4) A description of any unknown persons or classes of
unknown persons whose rights in the property or interest are to be
affected; and
(5) Such other facts as are necessary for a full understand-
ing of the cause.
Section 17. Title 24 of the Official Code of Georgia Annotated,
relating to evidence, is amended as follows:
42
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Said title is amended by striking from Code Section 24-10-
27, relating to witness fees for police officers, the following:
the commanding officer of the State Patrol,
and inserting in lieu thereof the following:
the commanding officer of the Georgia State Patrol.
Section 18. 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 striking the introductory language
of Code Section 25-3-2, relating to the powers of fire departments in
the event of emergencies, in its entirety and inserting in lieu thereof
the following:
In the event of any fire, explosion, or similar emergency, the fire
department in any county, municipality, or other political subdivision
shall be authorized to:.
(2) Said title is further amended by striking the period at the
end of paragraph (2) of Code Section 25-4-8, relating to qualifications
of firefighters generally, and inserting in lieu thereof a semicolon.
Section 19. 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 striking the comma following the
word board and inserting in lieu thereof a semicolon in paragraph
(3) of subsection (a) of Code Section 26-4-72, relating to qualifications
for a pharmacists license.
(2) Said title is further amended by striking the undesignated
language following paragraph (2) of subsection (a) of Code Section 26-
4-101, relating to pharmacy license qualifications, in its entirety and
inserting in lieu thereof new language to read as follows:
No person shall have his license revoked, if a hearing officer does
not give a report of recommendation within 60 days of a revocation
hearing.,
GEORGIA LAWS 1983 SESSION
43
and by striking from paragraph (2) of said subsection the following:
the Georgia First Offender Act,
and inserting in lieu thereof the following:
Article 3 of Chapter 8 of Title 42.
Section 20. Title 27 of the Official Code of Georgia Annotated,
relating to game and fish, is amended as follows:
(1) Said title is amended by striking Code Section 27-1-14,
relating to disposition of fines and forfeitures arising from violation of
the wildlife laws, rules, and regulations, and inserting in lieu thereof a
new Code Section 27-1-14 to read as follows:
27-1-14. The proceeds from all fines and forfeitures arising
from criminal prosecution for violation of the wildlife laws, rules, and
regulations shall, except as otherwise specifically provided in this
title, be applied initially to payment of the fees of the officers of the
trial court and court costs as prescribed by law. Any money remaining
after such disposition shall be remitted promptly by the clerk of the
court in which the case is disposed of to the county treasurer of the
county in which the fine is assessed, who shall deposit the funds in the
general funds of the county.
(2) Said title is further amended by striking from Code Section
27-1-30, relating to disturbing of wildlife habitats, the following:
habitats; provided,
and inserting in lieu thereof the following:
habitats, provided.
(3) Said title is further amended by striking Code Section 27-2-
18, relating to permits to kill deer causing damage to crops, in its
entirety and inserting in lieu thereof a new Code Section 27-2-18 to
read as follows:
27-2-18. The department shall be authorized to issue to a
person who cultivates crops, who is immediately responsible for their
cultivation, or who is the principal owner of the crops a permit to kill
44
GENERAL ACTS AND RESOLUTIONS, VOL. I
deer which have caused or are reasonably certain to cause damage to
crops which were planted for the purpose of harvesting and marketing
such crops or their by-products. The person shall apply to the
department for such a permit on a form containing such information
as may be necessary for the proper evaluation and consideration of
the application. Permits shall be issued only in cases where the
department has determined that the killing of deer is justified.
Representatives of the department are authorized to investigate
claims of damage and the necessity of killing deer prior to the
issuance of such a permit. Permits issued by the department shall
include restrictions and conditions relative to the property on which
deer may be killed, persons authorized to kill deer on the property,
crops which may be protected, number and sex of deer which may be
killed, expiration of permit, and such other restrictions and condi-
tions as may be necessary. It shall be unlawful for any person to kill
any deer under the authority of any such permit except in accordance
with the restrictions and conditions of the permit.
(4) Said title is further amended by striking the period following
the words adopted by the board at the end of paragraph (11) of
subsection (b) of Code Section 27-3-15, relating to hunting seasons
and bag limits.
(5) Said title is further amended by striking paragraph (6) of
subsection (a) of Code Section 27-3-63, relating to prohibited activ-
ities relating to trapping and tending of traps, in its entirety and
inserting in lieu thereof a new paragraph (6) to read as follows:
(6) Fail to carry a weapon of .22 caliber rimfire while tending
traps and to fail to use such weapon to dispatch any fur-bearing
animal found in a trap, which animal is to be taken by the person;,
by striking the word or at the end of paragraph (9) of said
subsection, and by striking the period at the end of paragraph (10) of
said subsection and inserting in lieu thereof the following:
(6) Said title is further amended by striking subparagraph
(7)(A) of Code Section 27-4-53, relating to trout waters with seasons,
in its entirety and inserting in lieu thereof a new subparagraph (A) to
read as follows:
GEORGIA LAWS 1983 SESSION
45
(A) All streams or parts of streams, except those listed in Code
Section 27-4-52; and.
(7) Said title is further amended by striking from Article XI of
the Atlantic States Marine Fisheries Compact as contained in Code
Section 27-4-210, relating to the Atlantic States Marine Fisheries
Compact, the following:
New Hamsphire.................................... 200.00,
and inserting in lieu thereof the following:
New Hampshire.................................... 200.00.
Section 21. Title 30 of the Official Code of Georgia Annotated,
relating to handicapped persons, is amended as follows:
(1) Said title is amended by adding the word and following the
semicolon at the end of subparagraph (a)(8)(B) of Code Section 30-1-
4, relating to the council on the deaf.
Section 22. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended as follows:
(1) Said title is amended by striking the word or at the end of
subparagraph (1)(D) of Code Section 31-7-1, relating to the definition
of institution, and by striking the period at the end of subparagraph
(1)(E) and inserting in lieu thereof a semicolon.
(2) Said title is further amended by striking paragraphs (6), (7),
and (24) of Code Section 31-7-75, relating to the functions and powers
of county and municipal hospital authorities, and inserting in lieu
thereof new paragraphs (6), (7), and (24) to read as follows:
(6) To sell to others, or to lease to others for any number of
years up to a maximum of 40 years, any lands, buildings, structures, or
facilities constituting all or any part of any existing or hereafter
established project. This power shall be unaffected by the language
set forth in paragraph (13) of this Code section or any implications
arising therefrom unless grants of assistance have been received by
the authority with respect to such lands, buildings, structures, or
facilities, in which case approval in writing as set forth in paragraph
(13) of this Code section shall be obtained prior to selling or leasing to
others within 20 years after completion of construction;
46
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) To lease for any number of years up to a maximum of 40
years for operation by others any project, provided that the authority
shall have first determined that such lease will promote the public
health needs of the community by making additional facilities
available in the community or by lowering the cost of health care in
the community and that the authority shall have retained sufficient
control over any project so leased so as to ensure that the lessee will
not in any event obtain more than a reasonable rate of return on its
investment in the project, which reasonable rate of return, if and
when realized by such lessee, shall not contravene in any way the
mandate set forth in Code Section 31-7-77 specifying that no author-
ity shall operate or construct any project for profit. Any lessee shall
agree in the lease to pay rent sufficient in each year to pay the
principal of and the interest on any revenue anticipation certificates
proposed to be issued to finance the cost of the construction or
acquisition of any such project and to pay off or refinance, in whole or
in part, any outstanding debt or obligation of the lessee (including
any redemption or prepayment premium due thereon) which was
incurred in connection with the acquisition and construction of
facilities of such lessee and the amount necessary in the opinion of the
authority to be paid each year into any reserve funds which the
authority may deem advisable to be established in connection with
the retirement of the proposed revenue anticipation certificates and
the maintenance of the project. Any such lease shall further provide
that the cost of all insurance with respect to the project and the cost of
maintenance and repair thereof shall be borne by the lessee. In
carrying out a refinancing plan with regard to any outstanding debt or
obligation of the lessee which was incurred in connection with the
acquisition and construction of facilities of such lessee, the authority
may use proceeds of any revenue anticipation certificates issued for
such purpose to acquire such outstanding debt or obligation, in whole
or in part, and may itself or through a fiduciary or agent hold and
pledge such acquired debt or obligation as security for the payment of
such revenue anticipation certificates. The powers granted in this
paragraph shall be unaffected by the language set forth in paragraph
(13) of this Code section or any implications arising therefrom unless
grants of assistance have been received by the authority with respect
to such project, in which case approval in writing as set forth in
paragraph (13) of this Code section shall be obtained prior to leasing
to others within 20 years after completion of construction. Any
revenues derived by the authority from any such lease shall be
applied by the authority to the payment of any revenue anticipation
certificates issued in connection with the acquisition and construe-
GEORGIA LAWS 1983 SESSION
47
tion of the project and the payment, in whole or in part, of any
outstanding debt or obligation of the lessee which was incurred in
connection with the acquisition and construction of facilities of such
lessee (including any redemption or prepayment premium due
thereon) or to the payment of any other expenses incurred in connec-
tion with acquiring, financing, maintaining, expanding, operating, or
equipping the project;
(24) 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 Chapter 6 of this title,
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, oper-
ational, 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.
(3) Said title is further amended by adding a new Article 6A,
Medical Review Committees, to Chapter 7, relating to regulation of
hospitals, to read as follows:
ARTICLE 6A
31-7-140. As used in this article, the term medical review com-
mittee means a committee of a state or local professional society or of
a medical staff or a licensed hospital, nursing home, medical founda-
tion, or peer review committee, provided the medical staff operates
pursuant to written bylaws that have been approved by the governing
board of the hospital or nursing home, which committee is formed to
evaluate and improve the quality of health care rendered by providers
of health service or to determine that health services rendered were
professionally indicated or were performed in compliance with the
applicable standard of care or that the cost of health care rendered
was considered reasonable by the providers of professional health
services in the area.
48
GENERAL ACTS AND RESOLUTIONS, VOL. I
31-7-141. There shall be no monetary liability on the part of and
no cause of action for damages shall arise against any member of a
duly appointed medical review committee for any act or proceeding
undertaken or performed within the scope of the functions of any
such committee if the committee member acts without malice or
fraud. This immunity shall apply only to actions by providers of
health services, and in no way shall this Code section render any
medical review committee immune from any action in tort or contract
brought by a patient or his successors or assigns. This Code section
shall not affect the immunity of an officer or an employee of a public
corporation.
31-7-142. Code Section 31-7-141 shall not be construed to confer
immunity from liability on any professional society or hospital or
upon any health professional while performing services other than as
a member of a medical review committee. In any case in which,
except for this article, a cause of action would arise against a hospital,
professional society, or any individual health professional, such cause
of action shall exist as if this article had not been enacted.
31-7-143. The proceedings and records of medical review com-
mittees shall not be subject to discovery or introduction into evidence
in any civil action against a provider of professional health services
arising out of the matters which are the subject of evaluation and
review by such committee; and no person who was in attendance at a
meeting of such committee shall be permitted or required to testify in
any such civil action as to any evidence or other matters produced or
presented during the proceedings of such committee or as to any
findings, recommendations, evaluations, opinions, or other actions of
such committee or any members thereof. However, information,
documents, or records otherwise available from original sources shall
not be construed as immune from discovery or use in any such civil
action merely because they were presented during proceedings of
such committee; nor shall any person who testifies before such
committee or who is a member of such committee be prevented from
testifying as to matters within his knowledge, provided that such
witness may not be questioned regarding his testimony before such a
committee or opinions formed by him as a result of such committee
hearings.
(4) Said title is further amended by striking paragraph (1) of
Code Section 31-8-2, relating to the definition of an indigent person,
and inserting in lieu thereof a new paragraph (1) to read as follows:
GEORGIA LAWS 1983 SESSION
49
(1) Indigent person means any resident who is ill or injured
and who from his own resources or from the resources of those upon
whom he is legally dependent is financially unable to meet the full
cost of hospital care as prescribed or ordered by a physician. An
allegedly indigent person shall not be considered an indigent person
for the purposes of this article until and unless he shall be certified as
an indigent person by the governing authority of his county of
residence. If the governing authority shall fail or refuse to certify a
person as an indigent person within five days after the next regular
or special meeting of the governing authority receiving notice as to
such persons being admitted to a participating hospital, neither the
county nor the hospital shall be responsible for any medical costs
incurred by such person, but the person himself shall be responsible
for all such costs.
(5) Said title is further amended by striking from paragraph (2)
of Code Section 31-10-15, relating to death certificates, each time that
it appears, the following:
airspace,
and inserting in lieu thereof the following:
airspace.
Section 23. 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 striking from paragraph (18) of
Code Section 32-1-3, relating to definitions for the Georgia Code of
Public Transportation, the following:
paragraph (2) of Code Section 32-9-1,
and inserting in lieu thereof the following:
paragraph (2) of subsection (a) of Code Section 32-9-1.
(2) Said title is further amended by striking the comma follow-
ing personnel in paragraph (5) of Code Section 32-4-42, relating to
the powers of a county with respect to its county road system, and by
striking the period and inserting in lieu thereof and at the end of
paragraph (10) of said Code section.
50
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Said title is further amended by striking from paragraph (2)
of subsection (a) of Code Section 32-6-26, relating to weight limits of
vehicles operated on public roads, the following:
W = 500 (LN + 12 N + 36),
N-l
and inserting in lieu thereof the following:
W ="500 /LN \ I
( + 12N + 36 I
VN-1 /
(4) Said title is further amended by striking subsection (b) of
Code Section 32-6-27, relating to enforcement of load limitations, and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) The schedules listed in paragraphs (1) and (2) of subsection
(a) of this Code section shall apply separately to (1) the excess weight
of the gross load and (2) the sum of the excess weight or weights of any
axle or axles, provided that where both gross load and axle weight
limits are exceeded, the owner or operator shall be required to
recompense the state only for the largest of the money damages
imposed under items (1) and (2) of this subsection.
Section 24. Title 33 of the Official Code of Georgia Annotated,
relating to insurance, is amended as follows:
(1) Said title is amended by adding a new subsection at the end
of Code Section 33-3-23, relating to restrictions as to transaction of
insurance by certain organizations, to be designated subsection (f), to
read as follows:
(f) Nothing contained within this Code section shall apply to
any lending institution, bank holding company, nor to any organiza-
tion which was a subsidiary or affiliate of either of the foregoing on
January 1,1974, nor to any officer or employee of the foregoing, if, on
January 1, 1974, such lending institution, bank holding company,
subsidiary or affiliate, officer, or employee was licensed to operate
and was conducting business in conformity with all federal and state
laws applicable thereto, and all federal and state rules and regulations
applicable thereto and who have since January 1, 1974, been in
continuous operation.
GEORGIA LAWS 1983 SESSION
51
(2) Said title is further amended by striking from subsection (c)
of Code Section 33-3-25, relating to certain writing standards for
insurance policies, the following:
Chapters,
and inserting in lieu thereof the following:
Chapter.
(3) Said title is further amended by striking subsection (b) of
Code Section 33-7-15, relating to cooperation by an insured with an
insurer in connection with defending certain actions, in its entirety
and inserting in lieu thereof new subsections (b) and (b.l) to read as
follows:
(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.
(b.l) In the event the insuror denies coverage and it is deter-
mined 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.
(4) Said title is further amended by striking from Code Section
33-8-2, relating to fees and taxes imposed upon representatives of
insurers, the following:
33-3-25,
and inserting in lieu thereof the following:
33-3-26.
(5) Said title is further amended by striking subparagraph
(e)(1)(A) of Code Section 33-10-13, relating to valuation of reserves of
insurers, in its entirety and inserting in lieu thereof a new subpara-
graph (A) to read as follows:
52
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 per annum payable on the first and each subsequent anniversary
of such policy on which a premium falls due; provided, however, that
the net level annual 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.
(6) Said title is further amended by adding or annuity com-
pany between the words insurance company and providing in
subsection (b) of Code Section 33-11-35, relating to the establishment
of separate accounts for variable annuity contracts, and by adding the
following between the words in this state and and the Commis-
sioner in subsection (n) of said Code section:
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, universities, and other institutions engaged primar-
ily in education or research.
(7) Said title is further amended by striking from subsection (a)
of Code Section 33-11-36, relating to the establishment of separate
accounts for variable life insurance policies, the following:
or annuity company,
and by striking the following from subsection (e) of said Code section:
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, universities, and other institutions engaged primar-
ily in education or research.
(8) Said title is further amended by striking from paragraph (3)
of Code Section 33-12-2, relating to certain deposits by insurers, the
following:
33-3-25,
GEORGIA LAWS 1983 SESSION
53
and inserting in lieu thereof the following:
33-3-26.
(9) Said title is further amended by striking from subsection (b)
of Code Section 33-12-3, relating to certain assets eligible for deposit
by insurers, the following:
33-3-25,
and inserting in lieu thereof the following:
33-3-26.
(10) Said title is further amended by striking from Code Section
33-12-10, relating to levy upon deposits by certain creditors, the
following:
33-3-25,
and inserting in lieu thereof the following:
33-3-26.
(11) Said title is further amended by striking from subsection
(b) of Code Section 33-14-8, relating to procedures for amendment or
renewal of charter, the following:
$100.00,
and inserting in lieu thereof the following:
$50.00,
and by striking subsection (g) of said Code section and inserting in
lieu thereof a new subsection (g) to read as follows:
(g) A petition for renewal of the charter shall follow the proce-
dure set forth in subsections (b) through (f) of this Code section,
except that the fee for filing a petition for renewal of the charter shall
be $100.00.
54
GENERAL ACTS AND RESOLUTIONS, VOL. I
(12) Said title is further amended by adding a comma after the
word that in paragraphs (3), (11), and (12) of subsection (a) and by
striking subsection (b) of Code Section 33-25-3, relating to required
provisions of life insurance policies, in its entirety and inserting in
lieu thereof a new subsection (b) to read as follows:
(b) Any of the provisions enumerated in subsection (a) of this
Code section or portions thereof not applicable to single premium or
term policies shall to that extent not be incorporated in single
premium or term policies. This Code section shall not apply to credit
or group insurance, or to any provision of a life insurance policy, or
contract supplemental to a life insurance policy, relating to disability
benefits or to additional benefits in event of death by accident or
accidental means.
(13) Said title is further amended by striking subsection (b) of
Code Section 33-27-3, relating to required policy provisions for group
life insurance policies, in its entirety and inserting in lieu thereof a
new subsection (b) to read as follows:
(b) (1) The provisions of paragraphs (6), (8), (9), and (10) of
subsection (a) of this Code section shall not apply to policies
issued to a creditor to insure debtors of such creditor.
(2) The standard provisions required for individual life
insurance policies shall not apply to group insurance policies.
(3) If the group life insurance policy is on a plan of insur-
ance other than the term plan, it shall contain a nonforfeiture
provision or provisions which in the opinion of the Commissioner
is or are equitable to the insured persons and to the policyholder,
but nothing herein shall be construed to require that group life
insurance policies contain the same nonforfeiture provisions as are
required for individual life insurance policies.
(14) Said title is further amended by striking paragraph (3) of
subsection (a) of Code Section 33-29-2, relating to requirements for
individual accident and sickness insurance policies, in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) It purports to insure only one person, provided that a policy
may insure, originally or by subsequent amendment upon the appli-
cation of an adult member of a family who shall be deemed the
GEORGIA LAWS 1983 SESSION
55
policyholder, any two or more eligible members of that family,
including husband, wife, dependent children, or any children, under a
specified age which shall not exceed 19 years, and any other person
dependent upon the policyholder; provided, further, that, if a policy
purports to insure a dependent child of the policyholder, the child
shall continue to be insured to age 25 so long as the policy continues in
effect, the child remains a dependent of the policyholder, and the
child, in each calendar year since reaching the age specified in the
policy for termination of benefits as a dependent of the policyholder,
has been enrolled for five calendar months or more as a full-time
student in a postsecondary institution of higher learning or, if not so
enrolled, would have been eligible to be so enrolled and was prevented
from being so enrolled due to illness or injury;.
(15) Said title is further amended by adding the word and
following paragraph (7) of subsection (a) of Code Section 33-29-2,
relating to requirements for individual accident and sickness insur-
ance policies, by striking the punctuation and word ; and and
inserting in lieu thereof a period at the end of paragraph (8) of said
subsection, and by deleting paragraph (9), which reads as follows:
(9) It contains no provision relating to insurance with other
insurers.,
in its entirety.
(16) Said title is further amended by striking from division
(b)(2)(A)(i) of Code Section 33-29-3, relating to required provisions
for individual accident and sickness insurance policies, the following:
paragraphs (1) through (4),
and inserting in lieu thereof the following:
paragraphs (1) through (3).
(17) Said title is further amended by striking subparagraph
(b)(3)(B) of Code Section 33-29-4, relating to optional provisions of
accident and sickness insurance policies and inserting in its place a
new subparagraph (B) to read as follows:
(B) Insurance effective at any one time on the insured under a
like policy or policies with this insurer is limited to the one such policy
56
GENERAL ACTS AND RESOLUTIONS, VOL. I
elected by the insured, his beneficiary, or his estate, as the case may
be, and the insurer will return all premiums paid for all other
policies.
(18) Said title is further amended by adding a new paragraph
(11) at the end of subsection (b) of Code Section 33-29-4, relating to
optional provisions of accident and sickness insurance policies, to
read as follows:
(11) No such accident and sickness insurance policy shall con-
tain any provision relating to insurance with other insurers.
(19) Said title is further amended by striking paragraph (4) of
Code Section 33-30-4, relating to required provisions of group acci-
dent and sickness insurance policies, in its entirety and inserting in
lieu thereof a new paragraph (4) to read as follows:
(4) A provision that, with respect to termination of benefits for,
or coverage of, any person who is a dependent child of an insured, the
child shall continue to be insured to age 25 so long as the coverage of
the member continues in effect, the child remains a dependent of the
insured parent or guardian, and the child, in each calendar year since
reaching any age specified for termination of benefits as a dependent,
has been enrolled for five calendar months or more as a full-time
student at a postsecondary institution of higher learning or, if not so
enrolled, would have been eligible to be so enrolled and was prevented
from being so enrolled due to illness or injury. This paragraph shall
not apply to group policies under which an employer provides cover-
age for dependents of its employees and pays the entire cost of the
coverage without any charge to tbe employee or dependents.
(20) Said title is further amended by striking from subsection
(b) of Code Section 33-34-5, relating to optional coverage for motor
vehicle accident insurance, the following:
bold-faced,
and inserting in lieu thereof the following:
boldface.
(21) Said title is further amended by striking from paragraph (2)
of subsection (d) of Code Section 33-34-10, relating to the require-
GEORGIA LAWS 1983 SESSION
57
ment of proof of insurance prior to licensing of motor vehicles, the
following:
is not received,
and inserting in lieu thereof the following:
are not received.
(22) Said title is further amended by striking from subsection (a)
of Code Section 33-39-20, relating to the right of reviewing certain
orders of the Commissioner, the following:
in the superior court of Fulton County,
and inserting in lieu thereof the following:
in the Superior Court of Fulton County,
and by striking from subsection (c) of said Code section the following:
Code Sections,
and inserting in lieu thereof the following:
Code Section.
(23) Said title is further amended by striking from subsection (a)
of Code Section 33-39-21, relating to equitable relief for violation of
certain insurance laws, the following:
Code Sections,
and inserting in lieu thereof the following:
Code Section.
Section 25. 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 striking Code Section 34-3-1,
relating to maximum hours of employment in cotton and woolen mills
and overtime pay, which reads as follows:
58
GENERAL ACTS AND RESOLUTIONS, VOL. I
34-3-1. The hours of labor required of all employees of cotton or
woolen manufacturing establishments in this state shall not exceed 40
hours per week unless such employees receive compensation for the
hours in excess of 40 hours at a rate not less than one and one-half
times the regular rate at which they are employed.,
in its entirety and inserting in lieu thereof a new Code Section 34-3-1
to read as follows:
34-3-1. The hours of labor required of all persons employed in
all cotton or woolen manufacturing establishments in this state,
except engineers, firemen, watchmen, mechanics, teamsters, yard
employees, clerical force, and all help that may be needed to clean up
and make necessary repairs or changes in or of machinery, shall not
exceed ten hours per day; or the same may be regulated by employers,
so that the number of hours shall not in the aggregate exceed 60 hours
per week, provided that nothing contained in this Code section shall
be construed to prevent any of the aforesaid employees from working
such time as may be necessary to make up lost time, not to exceed ten
days, caused by accidents or other unavoidable circumstances.
(2) Said title is further amended by inserting a comma following
state unemployment compensation act in paragraph (6) of subsec-
tion (o) of Code Section 34-8-40, relating to the definition of employ-
ment in the Employment Security Law, and by inserting a comma
following or who have in paragraph (7) of subsection (o) of said
Code section.
(3) Said title is further amended by striking the word and at
the end of paragraph (3) of subsection (b) of Code Section 34-8-51,
relating to the definition of wages, by striking the period and inserting
in lieu thereof ; and at the end of paragraph (4) of said subsection,
by adding a new paragraph (5) to said subsection to read as follows:
(5) Any remuneration paid for services by an alien, unless such
alien is an individual who has been lawfully admitted for permanent
residence or otherwise is permanently residing in the United States
under color of law (including an alien who is lawfully present in the
United States as a result of the application of the provisions of
Section 203(a)(7) or Section 212(d)(5) of the Immigration and
Nationality Act).,
GEORGIA LAWS 1983 SESSION
59
and by striking subsection (e) of said Code section in its entirety.
(4) Said title is further amended by striking from the fifth
sentence of paragraph (1) of Code Section 34-8-102, relating to
withdrawals from the Unemployment Trust Fund, the following:
this purpose of bonds,
and inserting in lieu thereof the following:
this purpose or bonds.
(5) Said title is further amended by striking from the second rate
table of subsection (h) of Code Section 34-8-122, relating to variations
from the standard rate for employer contributions and payments in
lieu of contributions for unemployment compensation, the following:
10.7 ibl 9.84 0.16,
and inserting in lieu thereof the following:
10.7 11.1 9.84 10.21 0.16,
by striking from the second rate table for employers with deficit
reserve accounts of said subsection the following:
3.55 3.89 3.27 3.58 2.48,
and inserting in lieu thereof the following:
3.55 3.89 3.27 3.58 2.40,
and by striking from subsection (j) of said Code section, both times
that it appears, the following:
within 30 days,
and inserting in lieu thereof the following:
within 15 days.
(6) Said title is further amended by striking from paragraph (4)
of subsection (c) of Code Section 34-8-123, relating to payments in
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GENERAL ACTS AND RESOLUTIONS, VOL. I
lieu of contributions for financing of benefits paid employees of
nonprofit organizations, both times that it appears, the following:
than 30 days,
and inserting in lieu thereof the following:
than 15 days,
by striking from paragraph (3) of subsection (d) of said Code section
the following:
The Commission shall require,
and inserting in lieu thereof the following:
The Commissioner shall require,
and by striking from paragraph (4) of subsection (d) of said Code
section the following:
30 days,
and inserting in lieu thereof the following:
15 days.
(7) Said title is further amended by striking from subsection (b)
of Code Section 34-8-151, relating to eligibility for unemployment
benefits, the following:
Code Section 34-8-11,
and inserting in lieu thereof the following:
Code Section 34-8-122,
by striking from said subsection the following:
paragraph (3) of Code Section 34-8-158,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
61
paragraph (1) of subsection (c) of Code Section 34-8-123.
(8) Said title is further amended by inserting a comma between
the words pension and retirement both times that they appear in
subsection (e) of Code Section 34-8-153, relating to the determination
of the weekly benefit amount.
(9) Said title is further amended by striking from paragraph (2)
of Code Section 34-8-158, relating to grounds for disqualification for
unemployment benefits, the following:
more then,
and inserting in lieu thereof the following:
more than,
and by striking from paragraph (7) of said Code section the following:
Code Section 34-8-158,
and inserting in lieu thereof the following:
this Code section.
(10) Said title is further amended by striking from paragraph (4)
of Code Section 34-9-1, relating to definitions for workers compensa-
tion, the following:
Drug addition,
and inserting in lieu thereof the following:
Drug addiction.
(11) Said title is further amended by striking from subsection
(d) of Code Section 34-9-130.1, relating to policies or contracts of
insurance against liability for compensation under the workers com-
pensation law, the following:
Chapter 33-2
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
Chapter 2 of Title 33.
(12) Said title is further amended by striking paragraph (3) of
subsection (b) of Code Section 34-9-281, relating to compensation for
occupational disease under workers compensation law, in its entirety
and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) Disablement 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 death follows continu-
ous disability from such disease commencing within the period above
specified for which compensation has been paid or awarded or timely
claim made as provided by this chapter and results within seven years
after such last exposure.
(13) Said title is further amended by striking from subsection
(d) of Code Section 34-9-281, relating to compensation for occupa-
tional disease under workers compensation law, the following:
this chapter,
and inserting in lieu thereof the following:
paragraph (3) of subsection (b) of this Code section.
Section 26. 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 striking from paragraph (1) of
subsection (b) of Code Section 35-8-3, relating to membership of the
Georgia Peace Officer Standards and Training Council, the following:
the commissioner of the Department of Offender Rehabilita-
tion,
and inserting in lieu thereof the following:
the commissioner of offender rehabilitation.
GEORGIA LAWS 1983 SESSION
63
Section 27. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended as follows:
(1) Said title is amended by redesignating Code Section 36-5-23,
which relates to the salaries of the county commissioner in counties
having a population of not less than 12,300 or more than 12,400, as
enacted by an Act approved April 12, 1982 (Ga. L. 1982, p. 588), as
Code Section 36-5-24, so that when so amended said Code section
shall read as follows:
36-5-24. 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.
(2) Said title is further amended by striking from subsections (b)
and (c) of Code Section 36-9-3, relating to procedure for sale or
disposition of county real property, the following:
county-owned,
wherever the same shall appear and inserting in lieu thereof the
following:
county owned.
(3) Said title is further amended by striking from subsection (d)
of Code Section 36-12-5, relating to the interment of deceased indi-
gents, the following:
and not more then $375.00,
and inserting in lieu thereof the following:
and not more than $375.00.
(4) Said title is further amended by striking from Code Section
36-13-5.1, relating to issuance of citations for a violation of building,
electrical, and other codes and ordinances in certain counties, the
following:
64
GENERAL ACTS AND RESOLUTIONS, VOL. I
United State,
and inserting in lieu thereof the following:
United States.
(5) Said title is further amended by striking Code Section 36-15-
7, relating to use of county law library funds, in its entirety and
inserting in lieu thereof a new Code Section 36-15-7 to read as follows:
36-15-7. The money paid into the hands of the treasurer of the
board of trustees of the county law library shall be used for the
purchase of law books, reports, texts, periodicals, supplies, desks, and
equipment and for the maintenance, upkeep, and operation of the law
library, including the services of a librarian, provided, in the event the
board of trustees determine in their discretion that they have excess
funds, said funds shall be turned over to the county commissioners
and said funds shall be used by the county commissioners for the
purchase of fixtures and furnishings for the courthouse. All law
books, reports, texts, and periodicals purchased by the use of gifts and
from the aforesaid funds shall become the property of the county.
(6) Said title is further amended by redesignating subsection (c)
of Code Section 36-15-9, relating to the collection of additional costs
in court cases, as enacted by an Act approved April 12,1982 (Ga. L.
1982, p. 591), as subsection (d), so that when so amended said
subsection shall read as follows:
(d) 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.
(7) Said title is further amended by striking from the second
sentence of Code Section 36-30-12, relating to closing of streets
adjacent to or through institutions of higher learning in municipal
corporations having a population of 400,000 or more, the following:
GEORGIA LAWS 1983 SESSION
65
Code section, public safety and welfare shall,
and inserting in lieu thereof the following:
Code section, public safety and welfare shall.
(8) Said title is further amended by striking subparagraph
(2)(A) of Code Section 36-62-9, relating to the purposes of the
development authoritys law, in its entirety and inserting in lieu
thereof a new subparagraph (A) to read as follows:
(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 Chapter
3 of Title 14, the Georgia Nonprofit Corporation Code,) having as one
of its purposes the development of trade, commerce, industry, and
employment opportunities; or.
Section 28. Title 37 of the Official Code of Georgia Annotated,
relating to mental health, is amended as follows:
(1) Said title is amended by striking from subsection (a) of Code
Section 37-3-22, relating to the right of a voluntary patient to be
discharged upon application, the following:
Code Section 37-3-41 or Code Section 37-3-61,
and inserting in lieu thereof the following:
Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-
3-81.
(2) Said title is further amended by striking from subsection (a)
of Code Section 37-3-81, relating to detention of a patient in an
evaluating facility, the following:
Code Section 37-3-20,
and inserting in lieu thereof the following:
subparagraph (a)(1)(A) of Code Section 37-3-64.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Said title is further amended by striking paragraph (5) of
Code Section 37-7-1, relating to definitions relative to hospitalization
and treatment of alcoholics, drug dependent individuals, and drug
abusers, and inserting in lieu thereof a new paragraph (5) to read as
follows:
(5) Clinical record means a written record pertaining to an
individual patient and shall include all medical records, progress
notes, charts, admission and discharge data, and all other information
recorded by a facility which pertains to the patients hospitalization
and treatment. Such other information as may be required by rules
and regulations of the board shall also be included.
(4) Said title is further amended by striking from subsection (a)
of Code Section 37-7-22, relating to the right of a voluntary patient to
be discharged upon application, the following:
Code Section 37-7-41 or Code Section 37-7-61,
and inserting in lieu thereof the following:
Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-
7-81.
(5) Said title is further amended by striking from subsection (a)
of Code Section 37-7-81, relating to detention of a patient in an
evaluating facility, the following:
Code Section 37-7-64,
and inserting in lieu thereof the following:
subparagraph (a)(1)(A) of Code Section 37-7-64.
Section 29. 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 inserting a comma following
addresses in subsection (b) of Code Section 40-2-73, relating to
special license plates for amateur radio operators, and by deleting the
comma following public in subsection (d) of said Code section.
GEORGIA LAWS 1983 SESSION
67
(2) Said title is further amended by striking Code Section 40-2-
75, relating to special license plates for historical vehicles, and
inserting in lieu thereof a new Code Section 40-2-75 to read as follows:
40-2-75. (a) (1) As used in this Code section, a historical
vehicle means any motor vehicle which is over 30 years old and
which is owned solely as a collectors item and for participation in
club activities, exhibitions, tours, parades, and similar uses but
which is in no event to be used for general transportation.
(2) As used in this Code section, 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 Code section
and which is owned solely as a collectors item and for partici-
pation in club activities, exhibitions, tours, parades, and similar
uses, but not for general transportation purposes.
(b) Upon application, registration, and payment of a fee of $7.50,
the commissioner shall issue a special license plate, as described in
this Code section, for every historical vehicle within the state. Upon
application, registration, and payment of a fee of $25.00, the commis-
sioner shall issue a special license plate, as described in this Code
section, for every street rod within the state. Said special license
plates shall be valid, without renewal, as long as the vehicle is in
existence.
(c) (1) For historical vehicles, said 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 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.
(2) 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 com-
mence with the number one and continue in consecutive numeri-
cal sequence.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The commissioner shall make such rules and regulations as
necessary to ascertain compliance with all state license laws relating
to use and operation of a private passenger car before issuing these
plates in lieu of the regular Georgia license plate.
(e) Upon the sale or transfer of any historical vehicle or street
rod for which special license plates have been issued, the plates may
be transferred to the purchaser or transferee upon paying $1.00 to the
commissioner.
(3) Said title is further amended by striking from Code Section
40-3-35.1, relating to certificates of title for rebuilt motor vehicles,
wherever it appears in that Code section, the following:
Rebuilt,
and inserting in lieu thereof the following:
rebuilt,
by striking from subsection (a) of said Code section the following:
of this chapter,
by striking from subparagraph (c)(1)(B) of said Code section the
following:
this subparagraph (B),
and inserting in lieu thereof the following:
this subparagraph,
and by striking from said subparagraph of said Code section the
following:
conspicious,
and inserting in lieu thereof the following:
conspicuous.
GEORGIA LAWS 1983 SESSION
69
(4) Said title is further amended by striking from paragraph (1)
of subsection (a) of Code Section 40-5-57, relating to the point system
used in suspending or revoking the license of a habitually negligent,
incompetent, or dangerous driver, the following:
an habitually,
and inserting in lieu thereof the following:
a habitually,
by striking from subsection (b) of said Code section the following:
an habitually,
and inserting in lieu thereof the following:
a habitually,
by striking from said subsection the following:
an habitual,
and inserting in lieu thereof the following:
a habitual,
and by striking from subparagraph (c)(2)(A) of said Code section the
following:
Chapter 40-14 of the Official Code of Georgia Annotated,
and inserting in lieu thereof the following:
Chapter 14 of this title.
(5) Said title is further amended by striking the comma follow-
ing highways in subparagraph (a)(1)(E) of Code Section 40-5-58,
relating to the definition and determination of a habitual violator,
and by striking from subsections (b) and (c) and paragraph (1) of
subsection (e) of said Code section, wherever it appears, the following:
70
GENERAL ACTS AND RESOLUTIONS, VOL. I
an habitual violator,
and inserting in lieu thereof the following:
a habitual violator.
(6) Said title is further amended by striking from paragraph (3)
of subsection (a) of Code Section 40-5-63, relating to periods of
suspension of a drivers license and conditions for return of license,
the following:
an habitual violator,
and inserting in lieu thereof the following:
a habitual violator.
(7) Said title is further amended by striking from subsections (a)
and (c) of Code Section 40-6-181, relating to maximum speed limits,
the following:
this Code Section,
and inserting in lieu thereof the following:
this Code section.
(8) Said title is further amended by striking from Code Section
40-6-374, relating to the form for an ordinance adopting the uniform
rules of the road, the following:
Title 40,
wherever the same shall appear and inserting in lieu thereof the
following:
Title 40 of the Official Code of Georgia Annotated.
(9) Said title is further amended by striking from subsection (a)
of Code Section 40-8-29, relating to types of lights permitted on motor
vehicles, the following:
GEORGIA LAWS 1983 SESSION
71
Chapter 43-38,
and inserting in lieu thereof the following:
Chapter 38 of Title 43.
(10) Said title is further amended by striking from Code Section
40-8-163, relating to the effect of the Federal Clean Air Act on the
Georgia Motor Vehicle Emission Inspection and Maintenance Act,
the following:
This Part 2 (the Georgia Motor Vehicle Emission Inspection and
Maintenance Act),
and inserting in lieu thereof the following:
This part, the Georgia Motor Vehicle Emission Inspection and
Maintenance Act ,
by striking from said Code section the following:
oxidents,
and inserting in lieu thereof the following:
oxidants,
and by striking from said Code section the following:
this Part 2,
and inserting in lieu thereof the following:
this part.
(11) Said title is further amended by striking from subparagraph
(5) (A) of Code Section 40-9-2, relating to proof of financial responsi-
bility, the following:
$5,000.00,
and inserting in lieu thereof the following:
72
GENERAL ACTS AND RESOLUTIONS, VOL. I
$10,000.00.
(12) Said title is further amended by striking from subsection (a)
of Code Section 40-9-37, relating to requirements for liability insur-
ance policies, the following:
$5,000.00,
and inserting in lieu thereof the following:
$10,000.00.
(13) Said title is further amended by striking from subparagraph
(3)(A) of Code Section 40-11-5, relating to foreclosure of a lien on an
abandoned motor vehicle, the following:
or refused to pay,
and inserting in lieu thereof the following:
or refuses to pay.
Section 30. Title 41 of the Official Code of Georgia Annotated,
relating to nuisances, is amended as follows:
(1) Said title is amended by striking from subsection (a) of Code
Section 41-2-7, relating to the police power of municipalities of
400,000 or more to abate building conditions considered nuisances,
the following:
herein provided,
and inserting in lieu thereof the following:
provided in Code Sections 41-2-7 through 41-2-17,
and by striking from subsection (b) of said Code section the following:
prima facie,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
73
prima-facie.
(2) Said title is further amended by striking the period at the
end of paragraph (3) of Code Section 41-2-9, relating to the authority
of a municipality to adopt ordinances relating to abating nuisances,
and inserting in lieu thereof a semicolon, by striking from paragraph
(4) of said Code section the following:
use of occupation,
and inserting in lieu thereof the following:
use or occupation,
by striking from paragraph (5) of said Code section the following:
paragraph (4) and this paragraph,
and inserting in lieu thereof the following:
paragraph (4) of this Code section and this paragraph,
and by striking from subparagraph (7)(C) of said Code section the
following:
subparagraph (B) above,
and inserting in lieu thereof the following:
subparagraph (B) of this Code section.
(3) Said title is further amended by striking subsection (a) of
Code Section 41-2-12, relating to service of complaints and orders
issued by a public officer regarding abatement of nuisances, and
inserting in lieu thereof a new subsection (a) to read as follows:
(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 each person in possession of said
property, each owner, and each party 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 each person in possession
74
GENERAL ACTS AND RESOLUTIONS, VOL. I
of said property, each owner, and each party 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, owner, and
party in interest.,
by striking from subsection (d) of said Code section the following:
personal representative of such persons,
and inserting in lieu thereof the following:
personal representative of such person,
by striking from the end of subsection (d) of said Code section the
following:
such persons,
and inserting in lieu thereof the following:
such person,
and by striking from subsection (e) of said Code section the following:
subsection (c) above,
and inserting in lieu thereof the following:
subsection (c) of this Code section.
(4) Said title is further amended by striking from Code Section
41-2-13, relating to a petition for injunction against enforcement of
order of public officer to abate nuisance, the following:
; 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.,
and inserting in lieu thereof the following:
; provided, however, that such person shall present such petition
to the court within 15 days of the posting and service of the order of
the public officer.,
GEORGIA LAWS 1983 SESSION
75
and by striking from the end of said Code section the following:
under this action,
and inserting in lieu thereof the following:
under this Code Section.
Section 31. Title 42 of the Official Code of Georgia Annotated,
relating to penal institutions, is amended as follows:
(1) Said title is amended by striking from subsection (f) of Code
Section 42-2-11, relating to rules and regulations of the Board of
Offender Rehabilitation, the following:
rule as defined,
and inserting in lieu thereof the following:
ruleis defined.
(2) Said title is further amended by striking twice from Code
Section 42-5-2, relating to responsibilities of governmental units
assuming custody of inmates, the following:
Department of Offender Rehabilitation,
and inserting in lieu thereof the following:
department.
(3) Said title is further amended by inserting after the words
subsection (c) in subsection (b) of Code Section 42-5-50, relating to
posttrial procedures for assignment and custody of convicted persons,
the following:
of this Code section,
by inserting after the words subsection (b) in subsection (c) of said
Code section the following:
of this Code section,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and by inserting after the words subsection (a) in subsections (d)
and (e) of said Code section the following:
of this Code section.
(4) Said title is further amended by striking six times from Code
Section 42-8-35.1, relating to procedures concerning special alterna-
tive incarceration, as enacted by an Act approved April 13, 1982
(Ga. L. 1982, p. 1097), the following:
Department of Offender Rehabilitation,
and inserting in lieu thereof the following:
department.
(5) Said title is further amended by redesignating Code Section
42-8-35.1, relating to special terms of probation, as enacted by an Act
approved April 22,1982 (Ga. L. 1982, p. 2283), as Code Section 44-8-
35.2, so that when so amended said Code section shall read as follows:
42-8-35.2. (a) Notwithstanding any other provisions of law,
the court, when imposing a sentence of imprisonment after a convic-
tion of a violation of subsection (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 in this subsection, 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
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.
GEORGIA LAWS 1983 SESSION
77
(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.
(6) Said title is further amended by inserting after the words
subsection (b) in subsection (a) of Code Section 42-8-65, relating to
the use of prior findings of guilt in subsequent prosecutions, the
following:
of this Code section.
(7) Said title is further amended by striking from paragraph (1)
of Code Section 42-8-70, relating to definitions regarding community
service by probationers, the following:
tax exempt,
and inserting in lieu thereof the following:
tax-exempt.
(8) Said title is further amended by inserting after the word and
figure Article 3 in Code Section 42-8-74, relating to the applicabil-
ity of certain provisions to offenders sentenced to community service
as a condition of probation, the following:
of this chapter.
(9) Said title is further amended by striking from paragraph (1)
of subsection (a) and from subsection (b) of Code Section 42-9-60,
relating to emergency procedures for reducing prison system over-
crowding, the following:
the Department of Offender Rehabilitation,
and inserting in lieu thereof the following:
offender rehabilitation,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and by inserting after the phrase as defined by in paragraph (2) of
subsection (a) of said Code section the following:
Title 16.
Section 32. Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, is amended as follows:
(1) Said title is amended by striking Code Section 43-7-27,
relating to termination of the State Board of Barbers, in its entirety
and inserting in lieu thereof a new Code Section 43-7-27 to read 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, 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.
(2) Said title is further amended by striking Code Section 43-11-
23, relating to termination of the Georgia Board of Dentistry, in its
entirety and inserting in lieu thereof a new Code Section 43-11-23 to
read 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, 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.
(3) Said title is further amended by striking Code Section 43-15-
31, relating to termination of the State Board of Registration for
Professional Engineers and Land Surveyors, in its entirety and
inserting in lieu thereof a new Code Section 43-15-31 to read 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, 1988, and this chapter and any other laws relating to such
GEORGIA LAWS 1983 SESSION
79
board shall be repealed in their entirety effective on the date specified
in Code Section 43-2-8.
(4) Said title is further amended by striking the word and
following the semicolon in paragraph (9) of subsection (a) of Code
Section 43-26-4, relating to certain powers of the Georgia Board of
Nursing, and by deleting the period after the word article in
paragraph (10) of said subsection and inserting and in lieu thereof.
(5) Said title is further amended by striking Code Section 43-26-
13, relating to termination of the Georgia Board of Nursing, in its
entirety and inserting in lieu thereof a new Code Section 43-26-13 to
read 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, 1988, 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.
(6) Said title is further amended by striking Code Section 43-26-
39, relating to termination of the Georgia Board of Examiners of
Licensed Practical Nurses, in its entirety and inserting in lieu thereof
a new Code Section 43-26-39 to read 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, 1988, 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.
(7) Said title is further amended by striking Code Section 43-28-
17, relating to termination of the State Board of Occupational Ther-
apy, in its entirety and inserting in lieu thereof a new Code Section
43-28-17 to read 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 1,1988, and this chapter and any
80
GENERAL ACTS AND RESOLUTIONS, VOL. I
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
(8) Said title is further amended by striking from Code Section
43-30-5, relating to adoption of rules by the State Board of Examiners
in Optometry, the following:
standards. Provided however,,
and inserting in lieu thereof the following:
standards; provided, however,.
(9) Said title is further amended by adding a comma after the
words the board shall in the introductory language of Code Section
43-33-10, relating to powers of the State Board of Physical Therapy,
and by adding a comma after the word renew in paragraph (6) of
said Code section.
(10) Said title is further amended by adding a comma after the
word services in the introductory language of Code Section 43-33-
11, relating to license requirements for physical therapists.
(11) Said title is further amended by striking from paragraph (1)
of Code Section 43-33-12, relating to license requirements for physi-
cal therapists, the following:
foreign county,
and inserting in lieu thereof the following:
foreign country.
(12) Said title is further amended by striking from paragraph (3)
of Code Section 43-34-20, relating to definitions regarding the board
of medical examiners, the following:
prescribing of any physical,,
and inserting in lieu thereof the following:
prescribing of any form of treatment for the intended palliation,
relief, or cure of any physical,.
GEORGIA LAWS 1983 SESSION
81
(12.1) Said title is further amended by adding at the end of Code
Section 43-34-21, relating to the function and powers of the Compos-
ite State Board of Medical Examiners, a new subsection, to be
designated subsection (f), to read as follows:
(f) The board shall examine applicants to test their qualifica-
tions to practice medicine.
(12.2) Said title is further amended by striking Code Section 43-
34-31, relating to licensing physicians of other states and countries, in
its entirety and inserting in lieu thereof a new Code Section 43-34-31
to read as follows:
43-34-31. Licensed physicians of other states and foreign coun-
tries may be permitted to enter this state for consultation with any
licensed physician of this state. A physician from another state or
from a foreign country shall not be permitted to establish offices in
this state for the practice of his profession, either temporary or
permanent, or practice under another physicians license, unless he
obtains a license from the board. A license may be issued to a
physician of another state or a foreign country by comity or reciproc-
ity if the standards for medical licensure of such a state or foreign
country equal those of this state, and after such state or foreign
country agrees to license physicians of this state on a like basis,
provided such agreements are not in conflict with this article.
(13) Said title is further amended by striking from paragraph (2)
of subsection (a) of Code Section 43-34-37, relating to refusal or
suspension of physicians licenses, the following:
annual,
and inserting in lieu thereof the following:
biennial.
(14) Said title is further amended by striking from paragraph
(14) of subsection (a) of Code Section 43-42-3, relating to powers of
the Georgia Board of Registered Professional Sanitarians, the follow-
ing:
To appoint,
82
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
Appoint.
Section 33. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended as follows:
(1) Said title is amended by striking from Article 1 of Chapter 3
of said title, relating to sales of subdivided lands, the word Commis-
sioner and inserting in lieu thereof commissioner and by striking
Commissioner of Securities and inserting in lieu thereof commis-
sioner of securities.
(2) Said title is further amended by deleting the comma follow-
ing the word encumbrance in subparagraph (2)(A) of Code Section
44-3-2, relating to definitions regarding the sales of subdivided lands.
(3) Said title is further amended by deleting the comma follow-
ing the words subdivided land in paragraph (1) of Code Section 44-
3-3, relating to registration statements for subdivided lands, by
adding the word and at the end of subparagraph (2)(I), by striking
the semicolon at the end of subparagraph (2)(J) and inserting in lieu
thereof a period, by deleting Code Section 44-3-3 of this article and
inserting in lieu thereof this Code section in subparagraph (3)(I),
by deleting Code Section 44-3-3 of this article and inserting in lieu
thereof this Code section in subparagraph (3)(N), by deleting
Code Section 44-3-3 of this article and inserting in lieu thereof this
Code section in subparagraph (3)(P), by deleting of this article in
subparagraph (3)(S), by changing the word above to of this Code
section in division (4)(A)(viii), by deleting Code Section 44-3-3 end
of this article and inserting in lieu thereof this Code section in
subparagraph (4)(B), by changing of Code Section 44-3-3 of this
article to of this Code section in subparagraph (4)(D), by changing
5 to (5) and of Code Section 44-3-3 of this article to of this
Code section in paragraph (6), and by deleting of this article and
changing subsection to paragraph in paragraph (11) of this Code
section.
(4) Said title is further amended by striking from subparagraph
(12)(A) of Code Section 44-3-3, relating to registration statements for
subdivided lands, the following:
GEORGIA LAWS 1983 SESSION
83
downpayment,
and inserting in lieu thereof the following:
down payment.
(5) Said title is further amended by deleting of this article
from the introductory language of Code Section 44-3-4, relating to
certain exemptions regarding sales of subdivided lands, by deleting
of this article in subparagraph (12)(B), by deleting of this article
in subparagraph (12)(E), by changing the period to a semicolon at the
end of subparagraphs (13)(F) and (14)(E), and by changing the period
to ; or at the end of subparagraph (15)(C).
(6) Said title is further amended by deleting of this article
from subsection (a) of Code Section 44-3-5, relating to stop orders
regarding sales of subdivided lands, by changing real estate to
real-estate in paragraph (5) of subsection (a), and by deleting of
this article in subsection (c) of said Code section.
(7) Said title is further amended by striking of this article
both times it appears in paragraph (3) of subsection (a) of Code
Section 44-3-8, relating to unlawful violations of certain laws regard-
ing sales of subdivided lands.
(8) Said title is further amended by striking of this article in
paragraph (1) of subsection (a) of Code Section 44-3-9, relating to
certain powers of the commissioner of securities.
(9) Said title is further amended by adding of this Code sec-
tion following subsection (b) in subsection (a) of Code Section 44-
3-10, relating to penalty provisions regarding sales of subdivided
lands, and by changing wilfully to willfully in subsections (a) and
(b) of said Code section.
(10) Said title is further amended by striking of this article in
subsection (a) of Code Section 44-3-11, relating to certain buyers
rights regarding sales of subdivided lands, and by striking the follow-
ing from subsection (b) of said Code section:
of this subsection (b),
84
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
of this subsection.
(11) Said title is further amended by striking of this article in
subsection (a) of Code Section 44-3-13, relating to certain hearings
conducted by the commissioner of securities, and by striking the
following from subsection (g) of said Code section:
Code Section 44-3-13,
and inserting in lieu thereof the following:
Code section.
(12) Said title is further amended by striking of this article in
subsection (a) of Code Section 44-3-14, relating to appeals of certain
orders issued by the commissioner of securities.
(13) Said title is further amended by striking Any action and
inserting in lieu thereof In any action in subsection (a) of Code
Section 44-3-18, relating to the burden of proof in certain actions
regarding sales of subdivided lands.
(14) Said title is further amended by striking suits, in subsec-
tion (a) of Code Section 44-3-19, relating to certain actions regarding
sales of subdivided lands, and by striking of this article in subsec-
tion (c) of said Code section.
(15) Said title is further amended by striking paragraph (10) of
Code Section 44-3-71, relating to definitions regarding condomini-
ums, and inserting in lieu thereof a new paragraph (10) to read as
follows:
(10) Conversion condominium means a condominium all or
part of which may be used for residential purposes, which condomin-
ium contains any building or portion thereof that at any time before
the recording of the declaration was occupied wholly or partially by
persons other than persons who, at the time of the recording, had
contractual rights to acquire one or more units within the condomin-
ium. This paragraph shall not apply to any condominium created
prior to July 1,1980, or to the expansion of any such condominium.
GEORGIA LAWS 1983 SESSION
85
(16) Said title is further amended by adding a new sentence at
the end of subsection (b) of Code Section 44-3-83, relating to the
recording of certain condominium plats and plans, to read as follows:
This subsection shall apply to any condominium created on or
after July 1,1980, or to the expansion of any such condominium.,
and by adding a new subsection following subsection (b), to be
designated subsection (b.l), to read as follows:
(b.l) There shall be recorded prior to the first conveyance of a
condominium unit plans of every structure which contains or consti-
tutes all or part of any unit or units located on or within any portion of
the submitted property and a certification by a registered architect or
registered engineer to the effect that he has visited the site and
viewed the property and that, to the best of his knowledge, informa-
tion, and belief:
(1) The foundation, structural members, exterior walls, and
roof of each such structure are complete and in place as shown on
the plans;
(2) The walls, partitions, floors, and ceilings, to the extent
shown on the plans, as constituting or coinciding with the vertical
and horizontal boundaries of each unit, including convertible
space, within each such structure, are sufficiently complete and in
place to establish clearly the physical boundaries of such unit and
that such physical boundaries are as shown on the plans; and
(3) Each such structure, to the extent of its stage of comple-
tion at that time, is constructed substantially in accordance with
such plans.
The plans shall show the location and dimensions of the horizontal
boundaries, if any, and the vertical boundaries of each unit to the
extent that such boundaries lie within or coincide with the
boundaries of such structures, and the units, or portions thereof,
thus depicted shall bear their identifying numbers. In addition,
each convertible space depicted in the plans shall be labeled as
such by use of the phrase CONVERTIBLE SPACE. Unless the
condominium instruments expressly provide otherwise, it shall
be presumed that, in the case of any unit not wholly contained
within or constituting one or more of the structures, the horizon-
86
GENERAL ACTS AND RESOLUTIONS, VOL. I
tal boundaries extend, in the case of each unit, at the same
elevation with regard to any part of such unit lying outside of
such structures, subject to the following exception: in the case of
any unit which does not lie over any other unit other than
basement units, it shall be presumed that the lower horizontal
boundary, if any, of that unit lies at the level of the ground with
regard to any part of that unit lying outside of the structures.
This subsection shall apply to any condominium created prior to
July 1,1980, or to the expansion of any such condominium.
(17) Said title is further amended by adding a new subsection at
the end of Code Section 44-3-87, relating to conversion condomini-
ums, to be designated subsection (j), to read as follows:
(j) This Code section shall not apply to any condominium
created prior to July 1, 1980, or to the expansion of any such
condominium.
(18) Said title is further amended by striking Code Section 44-3-
94, relating to damage or destruction of condominium units, in its
entirety and inserting in lieu thereof a new Code Section 44-3-94 to
read as follows:
44-3-94. Unless otherwise provided in the condominium instru-
ments, in the event of damage to or destruction of any unit, the
association shall cause the unit to be restored and any funds required
for such restoration in excess of the insurance proceeds attributable
thereto shall be paid by the unit owner of the unit; provided, however,
that, in the event that the unit owner of the unit together with the
unit owners of other units to which two-thirds of the votes in the
association pertain agree not to restore the unit, the unit shall not be
restored and the entire undivided interest in the common elements
pertaining to that unit shall then pertain to the remaining units, to be
allocated to them in proportion to their undivided interests in the
common elements, and the remaining portion of that unit shall
thenceforth be a part of the common elements. Votes in the associa-
tion and liability for future common expenses shall thereupon pertain
to the remaining units, being allocated to them in proportion to their
relative voting strength in the association and liability for common
expenses, respectively.
(19) Said title is further amended by adding a new sentence at
the end of paragraph (10) of subsection (b) of Code Section 44-3-111,
relating to sales of residential condominium units, to read as follows:
GEORGIA LAWS 1983 SESSION
87
This paragraph shall not apply to any condominium created
prior to July 1,1980, or to the expansion of any such condominium.,
by striking subsection (c) of said Code section and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) (1) Any covered contract shall be voidable by the buyer
until at least seven days after the seller has furnished to the buyer
all of the items required to be furnished under this Code section.
This subsection may not be waived. The contract shall contain
within the text the following legend in boldface type or capital
letters no smaller than the largest type in the text:
THIS CONTRACT IS VOIDABLE BY BUYER UNTIL AT
LEAST SEVEN DAYS AFTER ALL OF THE
ITEMS REQUIRED UNDER CODE SECTION 44-
3-111 OF THE GEORGIA CONDOMINIUM ACT
TO BE DELIVERED TO BUYER HAVE BEEN
RECEIVED BY BUYER. THE ITEMS SO
REQUIRED ARE: (1) A FLOOR PLAN OF THE
UNIT, (2) THE DECLARATION AND AMEND-
MENTS THERETO, (3) THE ASSOCIATIONS
ARTICLES OF INCORPORATION AND BYLAWS
AND AMENDMENTS THERETO, (4) ANY
GROUND LEASE, (5) ANY MANAGEMENT
CONTRACT HAVING A TERM IN EXCESS OF
ONE YEAR, (6) THE ESTIMATED OR ACTUAL
BUDGET FOR THE CONDOMINIUM, (7) ANY
LEASE OF RECREATIONAL OR OTHER FACILI-
TIES THAT WILL BE USED ONLY BY THE
UNIT OWNERS, (8) ANY LEASE OF RECREA-
TIONAL OR OTHER FACILITIES THAT WILL
OR MAY BE USED BY THE UNIT OWNERS
WITH OTHERS, (9) A STATEMENT SETTING
FORTH THE EXTENT OF THE SELLERS COM-
MITMENT TO BUILD OR SUBMIT ADDI-
TIONAL UNITS, ADDITIONAL RECREA-
TIONAL OR OTHER FACILITIES, OR ADDI-
TIONAL PROPERTY, AND (10) IF THIS CON-
TRACT APPLIES TO A CONDOMINIUM UNIT
WHICH IS PART OF A CONVERSION CONDO-
MINIUM, A STATEMENT DESCRIBING THE
CONDITION OF CERTAIN COMPONENTS AND
88
GENERAL ACTS AND RESOLUTIONS, VOL. I
SYSTEMS, A STATEMENT REGARDING THE
EXPECTED USEFUL LIFE OF CERTAIN COM-
PONENTS AND SYSTEMS, AND CERTAIN
INFORMATION REGARDING ANY NOTICES OF
VIOLATIONS OF COUNTY OR MUNICIPAL
REGULATIONS. A DATED, WRITTEN
ACKNOWLEDGEMENT OF RECEIPT OF ALL
SAID ITEMS SIGNED BY THE BUYER SHALL
BE PRIMA-FACIE EVIDENCE OF THE DATE OF
DELIVERY OF SAID ITEM.
This paragraph shall apply to any condominium created on or
after July 1, 1980, or to the expansion of any such condo-
minium.
(2) No covered contract executed prior to the expiration of
seven days after the actual delivery to the prospective purchaser
of the items required to be furnished by subsection (b) of this
Code section shall be of any force or effect whatsoever. This
subsection may not be waived. The contract shall contain within
the text the following legend in boldface type or capital letters no
smaller than the largest type in the text:
UNLESS ALL OF THE ITEMS REQUIRED UNDER
CODE SECTION 44-3-111 OF THE GEORGIA
CONDOMINIUM ACT TO BE DELIVERED TO
BUYER HAVE BEEN RECEIVED BY BUYER AT
LEAST SEVEN DAYS PRIOR TO BUYERS EXE-
CUTION OF THIS CONTRACT, THIS CON-
TRACT IS OF NO FORCE OR EFFECT AND
SHALL NOT BE BINDING ON ANY PARTY. THE
ITEMS SO REQUIRED ARE: (1) A FLOOR
PLAN OF THE UNIT, (2) THE DECLARATION
AND AMENDMENTS THERETO, (3) THE
ASSOCIATIONS ARTICLES OF INCORPORA-
TION AND BYLAWS AND AMENDMENTS
THERETO, (4) ANY GROUND LEASE,
(5) ANY MANAGEMENT CONTRACT HAVING
A TERM IN EXCESS OF ONE YEAR, (6) THE
ESTIMATED OR ACTUAL BUDGET FOR THE
CONDOMINIUM, (7) ANY LEASE OF RECREA-
TIONAL OR OTHER FACILITIES THAT WILL
BE USED ONLY BY THE UNIT OWNERS,
GEORGIA LAWS 1983 SESSION
89
(8) ANY LEASE OF RECREATIONAL OR
OTHER FACILITIES THAT WILL OR MAY BE
USED BY THE UNIT OWNERS WITH OTHERS,
AND (9) A STATEMENT SETTING FORTH
THE EXTENT OF THE SELLERS COMMIT-
MENT TO BUILD OR SUBMIT ADDITIONAL
UNITS, ADDITIONAL RECREATIONAL OR
OTHER FACILITIES, OR ADDITIONAL PROP-
ERTY. A DATED, WRITTEN ACKNOWLEDGE-
MENT OF RECEIPT OF ALL SAID ITEMS
SIGNED BY THE BUYER SHALL BE PRIMA-
FACIE EVIDENCE OF THE DATE OF DELIVERY
OF SAID ITEMS.
This paragraph shall apply to any condominium created prior to
July 1, 1980, or to the expansion of any such condomin-
ium. j
and by adding a new sentence at the end of paragraph (6) of
subsection (e) of said Code section to read as follows:
This paragraph shall not apply to any condominium created
prior to July 1,1980, or to the expansion of any such condominium.
(20) Said title is further amended by striking Code Section 44-3-
114, relating to the effect of the Georgia Condominium Act on
certain real estate use laws, and inserting in lieu thereof a new Code
Section 44-3-114 to read as follows:
44-3-114. (a) No zoning, subdivision, building code, or other
real estate use law, ordinance, or regulation shall prohibit the condo-
minium form of ownership or impose any requirement upon a condo-
minium which it does not impose upon a physically identical develop-
ment under a different form of ownership. No subdivision law,
ordinance, or regulation shall apply to any condominium or to any
subdivision of any convertible space or unit. Except as stated in this
Code section, no provision of this article invalidates or modifies any
provision of any zoning, subdivision, building code, or other real
estate use law, ordinance, or regulation; and nothing contained in this
Code section shall be construed to amend, supersede, or invalidate
any provision of Article 1 of this chapter nor shall Code Section 44-3-
92 be construed to override any lawful density requirement imposed
by any zoning, building, or land use law, ordinance, or regulation.
90
GENERAL ACTS AND RESOLUTIONS, VOL. I
This subsection shall apply to any condominium created on or after
July 1,1980, or to the expansion of any such condominium.
(b) No subdivision law, ordinance, or regulation shall apply to
any subdivision of any convertible space or unit as defined in this
article. Notwithstanding the foregoing provisions of this subsection,
however, nothing contained in this subsection shall be construed to
amend, repeal, supersede, or invalidate any provision of Article 1 of
this chapter nor shall Code Section 44-3-92 be construed to override
any lawful density requirement imposed by any zoning, building, or
land use law, ordinance, or regulation. This subsection shall apply to
any condominium created prior to July 1,1980, or to the expansion of
any such condominium.
(21) Said title is further amended by striking from Code Section
44-5-35, relating to apportionment of price in certain land sales, the
following:
any deficiency is apportionable,
and inserting in lieu thereof the following:
any deficiency is not apportionable.
(22) Said title is further amended by striking from the form for
the deed of gift contained in paragraph (2) of Code Section 44-5-113,
relating to the right of an adult to make gifts of securities and annuity
contracts, the following:
the Code of Georgia,
and inserting in lieu thereof the following:
the Official Code of Georgia Annotated.
(23) Said title is further amended by striking from subsection (a)
of Code Section 44-7-53, relating to writs of possession, the following:
Code Section 44-7-51(b),
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
91
subsection (b) of Code Section 44-7-51.
(24) Said title is further amended by adding a new Code section
following Code Section 44-14-35, to be designated Code Section 44-
14-35.1, to read as follows:
44-14-35.1. A mortgage or bill of sale to secure debt may embrace
all property in possession, or to which the mortgagor or grantor has
the right of possession at the time. A mortgage or bill of sale to secure
debt given by a person or a corporation to a trustee or trustees, to
secure an issue of bonds, shall when it is expressly so stipulated
therein, embrace, cover, and convey title to after-acquired property of
such person or corporation. Provided, however, any public utility
company, whether or not incorporated, may by mortgage, bill of sale
to secure debt, or deed of trust, embrace, cover, convey, pledge, and
encumber after-acquired property of such company, wherever
located, when the instrument expressly so stipulates therein.
(25) Said title is further amended by adding of this Code
section between the words subsection (a) and has in subsection
(e) of Code Section 44-14-361, relating to the creation of liens, and by
striking from the statement contained in subsection (h) of said Code
section the following:
44-14-1361,
and inserting in lieu thereof the following:
44-14-361.
(26) Said title is further amended by striking Code Section 44-
14-516, relating to liens on merchandise paid for by check, in its
entirety and inserting in lieu thereof a new Code Section 44-14-516 to
read as follows:
44-14-516. The payee of any check written in full or partial
payment for merchandise or for services rendered on merchandise,
delivered at the time of the acceptance of the check and on which the
payer subsequently issues a stop payment order, shall have a lien for
the face amount of the check on the merchandise so delivered if the
stop payment order was issued within five days after the delivery of
the merchandise. Such liens shall occupy the same position as
mechanics liens and shall be perfected in the same manner as
mechanics liens.
92
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 34. 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 striking Code Section 45-4-3, relat-
ing to bonds taken by public officers, in its entirety and inserting in
lieu thereof a new Code Section 45-4-3 to read as follows:
45-4-3. All bonds taken by public officers under the laws of this
state shall be returned to the offices specified by law; and any person
interested therein may bring an action thereon, in his own name, in
any court having jurisdiction thereof.
(2) Said title is further amended by capitalizing the word
speaker twice in the third sentence of paragraph (23) of subsection
(a) of Code Section 45-7-4, relating to annual salaries of certain state
officials.
(3) Said title is further amended by striking from subsection (c)
of Code Section 45-17-5, relating to the exercise of powers of a notary
public, the following:
him or her self,
and inserting in lieu thereof the following:
himself or herself.
(4) Said title is further amended by striking from subparagraph
(15)(Y) of Code Section 45-20-2, relating to definitions regarding the
state merit system, the following:
Georgia State Patrol,
and inserting in lieu thereof the following:
Department of Public Safety.
(5) Said title is further amended by striking from Code Section
45-20-30, relating to a leave of absence for blood donation, the
following:
pheresis
GEORGIA LAWS 1983 SESSION
93
and inserting in lieu thereof the following:
plasmapheresis.
(6) Said title is further amended by striking from paragraph (3)
of Code Section 45-20-51, relating to definitions regarding certain
charitable organizations, the following:
organizations,
and inserting in lieu thereof the following:
organization.
(7) Said title is further amended by redesignating Code Section
45-20-54, relating to distribution of funds deducted from employees
salaries, as enacted by an Act approved April 22,1982 (Ga. L. 1982,
p. 2274), as Code Section 45-20-54.1, so that when so amended said
Code section shall read as follows:
45-20-54.1. The board shall promulgate regulations necessary
and expedient to accomplishing the distribution of funds deducted
from employees salaries, honoring employee designations. Undesig-
nated funds shall be fairly and impartially distributed as determined
by the board.
Section 35. 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 striking from subparagraph (8)(G)
of Code Section 46-1-1, relating to definitions, the following:
occassionally,
and inserting in lieu thereof the following:
occasionally,
and by striking from subparagraph (8)(N) of said Code section the
following:
94
GENERAL ACTS AND RESOLUTIONS, VOL. I
$100,000 per person and $300,000 per accident and $50,000
property damage,
and inserting in lieu thereof the following:
$100,000.00 per person and $300,000.00 per accident and
$50,000.00 property damage.
(2) Said title is further amended by striking from subparagraph
(b)(3)(B) of Code Section 46-2-26.3, relating to recovery of costs of
utility converting from an oil-burning to coal-burning generating
facility, the following:
tax exempt,
and inserting in lieu thereof the following:
tax-exempt.
Section 36. Title 47 of the Official Code of Georgia Annotated,
relating to retirement and pensions, is amended as follows:
(1) Said title is amended by striking the semicolon following the
words per annum at the end of subparagraph (28) (P) of Code
Section 47-3-1, relating to definitions relative to the Teachers Retire-
ment System of Georgia, and inserting in lieu thereof a period.
(2) Said title is further amended by adding at the end of para-
graph (4) of Code Section 47-16-102, relating to death benefits under
the Sheriffs Retirement Fund of Georgia, the following:
Such benefit shall be in addition to benefits under paragraph (2)
of this Code section, but not in lieu of benefits under paragraph (1) of
this Code section.
(3) Said title is further amended by striking subsection (a) of
Code Section 47-19-9, relating to the application of the State Merit
System of Personnel Administration to employees of the State
Employees Assurance Department, in its entirety and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) The employees of the department shall be governed by such
rules of position classification, appointment, promotion, demotion,
GEORGIA LAWS 1983 SESSION
95
dismissal, transfer, qualification, compensation, seniority, privileges,
tenure, and other employment standards as may now or hereafter be
established under Chapter 20 of Title 45.
Section 37. Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, is amended as follows:
(1) Said title is amended by striking in the last sentence of
subsection (e) of Code Section 48-5-24, relating to payment of taxes to
counties in which returns are made, the following:
in this Code section,
and inserting in lieu thereof the following:
in this subsection.
(2) Said title is further amended by redesignating and amending
Code Section 48-5-30, relating to agreements between developers and
local governmental units for prepayment of taxes, as enacted by an
Act approved April 22,1982 (Ga. L. 1982, p. 2382), as Code Section
48-5-31, so that when so amended said Code section shall read as
follows:
48-5-31. (a) 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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(b) Notwithstanding any provision of law to the contrary, 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 govern-
ment, 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.
(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, (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
GEORGIA LAWS 1983 SESSION
97
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.
(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 in this Code section shall be construed to
require a local government, a local board of education, or any devel-
oper 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
Code Sections 36-82-73 through 36-82-83. However, the petition filed
in such validation proceeding pursuant to Code Section 36-82-75 shall
be amended as appropriate to reflect that no bonds are being issued
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(3) Said title is further amended by striking in paragraph (3) of
subsection (b) of Code Section 48-5-48.1, relating to exemptions from
taxation of tangible personal property inventory, the following:
the first day of January,
and inserting in lieu thereof the following:
January 1.
(4) Said title is further amended by striking from subsection (c)
of Code Section 48-5-148, relating to rates of interest on unpaid taxes,
the following:
any such future census,
and inserting in lieu thereof the following:
any future such census.
(5) Said title is further amended by striking from the chart
contained in paragraph (1) of subsection (b) of Code Section 48-5-183,
relating to minimum salaries for tax collectors and tax commis-
sioners, the following:
300,000 - up,
and inserting in lieu thereof the following:
300,000 and up,
and by striking from the chart contained in paragraph (2) of subsec-
tion (b) of said Code section the following:
300,000 - and up,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
99
300,000 and up.
(6) Said title is further amended by repealing subsection (d) of
Code Section 48-5-330, relating to aid by the state revenue commis-
sioner to counties for programs of valuation and equalization of tax
assessments, which reads as follows:
(d) The limitations on the millage levy prescribed in Article 4
of this chapter, relating to county taxation, shall not apply to any levy
which a county governing authority makes for purposes of defraying
the cost of a program contemplated pursuant to this Code section or
of repaying to the state or any commercial lender amounts advanced
for the purposes contained in this Code section.
(7) Said title is further amended by striking from subsection (b)
of Code Section 48-5-381, relating to reserve funds of counties and
municipalities, the following:
coverage,
and inserting in lieu thereof the following:
overage.
(8) Said title is further amended by striking from paragraph (2)
of Code Section 48-5-440, relating to definitions concerning taxation
of motor vehicles and mobile homes, the following:
of the Official Code of Georgia Annotated.
(9) Said title is further amended by inserting after the phrase
in subsection (b) in subsection (c) of Code Section 48-7-29.1,
relating to income tax credits for work place modifications, the
following:
of this Code section.
(10) Said title is further amended by striking from Code Section
48-8-6, relating to the prohibiting of political subdivisions from
imposing certain taxes, the following:
imposed by this article,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
included in this article.
(11) Said title is further amended by inserting a new paragraph
between paragraphs (3) and (5) of Code Section 48-10-2, relating to
annual license fees for vehicles, to be designated paragraph (4) to read
as follows:
(4) Reserved.
(12) Said title is further amended by striking from subsection (g)
of Code Section 48-10-3.1, relating to temporary vehicle registration
permits, the following:
shall constitute misdemeanor,
and inserting in lieu thereof the following:
shall constitute a misdemeanor.
Section 38. Title 49 of the Official Code of Georgia Annotated,
relating to social services, is amended as follows:
(1) Said title is amended by striking paragraph (4) of subsection
(b) of Code Section 49-5-12, relating to licensing of private and public
child welfare agencies and facilities, and inserting in lieu thereof a
new paragraph (4) to read as follows:
(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 article, 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 registering such
agencies.
(2) Said title is further amended by striking from Article 5 of
Chapter 6 of Title 49, relating to community care and services for the
elderly, everywhere that it appears in said article, the following:
this chapter,
GEORGIA LAWS 1983 SESSION
101
and inserting in lieu thereof the following:
this article.
(3) Said title is further amended by striking paragraph (1) of
Code Section 49-6-61, relating to the aging section of the Department
of Human Resources, in its entirety and inserting in lieu thereof a new
paragraph (1) to read as follows:
(1) Aging section means the single organizational unit within
the Department of Human Resources responsible for the planning
and administration of services under the Older Americans Act of
1965.
(4) Said title is further amended by striking from paragraph (14)
of subsection (c) of Code Section 49-6-63, relating to services pro-
vided by community care service systems, the following:
Medicare,
and inserting in lieu thereof the following:
medicare,
and by striking from subsection (e) of said Code section the following:
twelve-month period,
and inserting in lieu thereof the following:
12 month period.
(5) Said title is further amended by striking from Code Section
49-8-7, relating to economic rehabilitation services by local govern-
ments, the following:
Omnibus Reconciliation Act of 1981,
and inserting in lieu thereof the following:
Omnibus Budget Reconciliation Act of 1981.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 39. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended as follows:
(1) Said title is amended by striking the introductory language
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 the following:
(c) In particular, the Department of Community Affairs shall
have the power and duty to perform the following:.
(2) Said title is further amended by inserting at the end of
paragraph (3) of Code Section 50-8-35, relating to general duties of
area planning and development commissions, the following:
and.
(3) Said title is further amended by striking from Code Section
50-8-99, relating to the authorization of certain commissions to accept
gifts, loans, and grants, the following:
semi-public,
and inserting in lieu thereof the following:
semipublic.
(4) Said title is further amended by substituting a colon in place
of the period following the word Laws in the introductory language
of paragraph (1) of subsection (a) of Code Section 50-11-10, relating
to the distribution and sale of Georgia Session Laws and Journals of
the House and Senate, and by striking from said paragraph the
following:
President Pro Tem of the Senate............... one set,
and inserting in lieu thereof the following:
President Pro Tempore of the Senate................ one set,
by adding a colon following the word Senate in the introductory
language of paragraph (2) of subsection (a) of said Code section, and
by striking from said paragraph the following:
GEORGIA LAWS 1983 SESSION
103
Each State participating............................. one set,
and inserting in lieu thereof the following:
Each state participating............................. one set,
and by striking from said paragraph the following:
President Pro Tem of the Senate...................... one set,
and inserting in lieu thereof the following:
President Pro Tempore of the Senate.................. one set.
(5) Said title is further amended by striking from Code Section
50-12-67, relating to the headquarters and offices of the Georgia Golf
Hall of Fame, the following:
Hall of Fame,
and inserting in lieu thereof the following:
hall of fame.
(6) Said title is further amended by redesignating Chapter 21 of
said title, relating to the Georgia Commission on State Growth Policy,
as enacted by an Act approved April 22,1982 (Ga. L. 1982, p. 2261),
as Article 8 of Chapter 12 of said title, so that when so amended said
article shall read as follows:
ARTICLE 8
50-12-130. This article shall be known and may be cited as the
Georgia Commission on State Growth Policy Act.
50-12-131. (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;
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
(b) It is the purpose of this article 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.
50-12-132. (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
GEORGIA LAWS 1983 SESSION
105
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.
(f) Eight members of the commission shall constitute a quorum.
50-12-133. (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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
50-12-134. In its role of examining growth, development, and
intergovernmental issues, the commission shall coordinate and coop-
erate with the Department of Community Affairs and any other
agency or activity concerned with intergovernmental relationships.
50-12-135. (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
article.
(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.
50-12-136. 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
GEORGIA LAWS 1983 SESSION
107
50. The commissioner of community affairs, or his designee, shall
serve as staff coordinator of the commission.
50-12-137. The provisions of this article and the Georgia Com-
mission on State Growth Policy shall be continued until December 31,
1984, at which time the commission and this article shall be termi-
nated and stand repealed in their entirety.
(7) Said title is further amended by striking from paragraph (4)
of Code Section 50-18-31, relating to distribution of state appellate
court reports, the following:
Crime Commission, State.......................... one copy,
by striking from said paragraph the following:
Labor Department of............................ one copy,
and inserting in lieu thereof the following:
Labor, Department of........................... one copy,
and by striking the period immediately following the words Supreme
Court and inserting in lieu thereof ; and at the end of said
paragraph.
Section 40. Title 51 of the Official Code of Georgia Annotated,
relating to torts, is amended as follows:
(1) Said title is amended by redesignating Code Section 51-1-
30.1, relating to immunity of teachers and school personnel from
liability for communicating information concerning drug abuse, as
enacted by an Act approved April 22,1982 (Ga. L. 1982, p. 2495), as
Code Section 51-1-30.2 to read as follows:
51-1-30.2. 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.
(2) Said title is further amended by striking tortfeasor and
inserting in lieu thereof tort-feasor in the last line of subsection (a)
of Code Section 51-11-8, relating to liability of employees of com-
pressed gas dealers.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 41. 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 striking Code Section 52-7-26,
relating to penalties for persons violating the Georgia Boat Safety
Act, in its entirety and inserting in lieu thereof a new Code Section
52-7-26 to read as follows:
52-7-26. Any person who violates this article or any rule or
regulation promulgated hereunder shall be guilty of a misdemeanor.
Section 42. 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 striking from subsection (b) of Code
Section 53-5-2, relating to provisions for applying for years support,
the following:
on notice to the representative of the estate (if there is one, and if
none, without notice),.
(2) Said title is further amended by striking from subsection (b)
of Code Section 53-15-2, relating to the incorporation of fiduciary
powers by reference, the following:
Code section,
and inserting in lieu thereof the following:
portion of Code Section 53-15-3,
and by adding a new subsection (c) to read as follows:
(c) The incorporation of fiduciary powers by reference to ver-
sions of Code Section 53-15-3 as it existed prior to November 1,1982,
shall be deemed appropriate for wills or other instruments signed
prior to such date.
Section 43. Part 1 and Section 1 of an Act fixing the compensa-
tion of the county commissioner of counties having a population of
not less than 56,400 and not more than 60,000 according to the United
GEORGIA LAWS 1983 SESSION
109
States decennial census of 1980 or any future such census, approved
April 12,1982 (Ga. L. 1982, p. 533) are repealed. The repeal of Part 1
and Section 1 of such Act shall not affect the provisions of Part 2 or
Section 2 of said Act.
Section 44. Part 1 and Section 1 of an Act fixing the compensa-
tion of the county commissioner of counties having a population of
not less than 12,300 and not more than 12,400 according to the United
States decennial census of 1980 or any future such census, approved
April 12,1982 (Ga. L. 1982, p. 588) are repealed. The repeal of Part 1
and Section 1 of such Act shall not affect the provisions of Part 2 or
Section 2 of said Act.
Section 45. Sections 1 through 28 of an Act relating to the
Upper Savannah River Development Authority, approved April 21,
1982 (Ga. L. 1982, p. 2076) are repealed in their entirety. The repeal
of Sections 1 through 28 shall not affect the provisions of Section 29 of
said Act which enacted Part 6 of Article 7 of Chapter 3 of Title 12 of
the Official Code of Georgia Annotated.
Part 2
Section 46. Title 2 of the Official Code of Georgia Annotated,
relating to agriculture, is amended as follows:
(1) Said title is amended by striking from Code Section 2-8-2,
relating to the intent and purpose of the Georgia Agricultural
Commodities Promotion Act, the following:
Article VII, Section II, Paragraph II,
and inserting in lieu thereof the following:
Article VII, Section III, Paragraph 11(b).
(2) Said title is further amended by striking from Code Section
2-10-29, relating to remedies of bondholders, receivers, and indenture
trustees of the Georgia Building Authority (Markets), the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Article VII, Section IV.
Section 47. Title 5 of the Official Code of Georgia Annotated,
relating to appeal and error, is amended as follows:
(1) Said title is amended by striking from Code Section 5-6-15,
relating to certiorari from the Supreme Court to the Court of Appeals,
the following:
Article VI, Section II, Paragraph IV,
and inserting in lieu thereof the following:
Article VI, Section VI, Paragraph V.
(2) Said title is further amended by striking from Code Section
5-6-30, relating to the purpose and construction of Article 2 of
Chapter 6 of Title 5 relative to appellate practices, the following:
Article VI, Section II, Paragraphs IV and VIII,
and inserting in lieu thereof the following:
Article VI, Sections V and VI.
Section 48. Title 9 of the Official Code of Georgia Annotated,
relating to civil practice, is amended as follows:
(1) Said title is amended by striking from Code Section 9-10-30,
relating to proceedings in equity generally, the following:
Article VI, Section XIV, Paragraph I,
and inserting in lieu thereof the following:
Article VI, Section II, Paragraph I.
(2) Said title is further amended by striking from Code Section
9-10-32, relating to actions against makers and endorsers residing in
different counties, the following:
Article VI, Section XIV, Paragraph V,
GEORGIA LAWS 1983 SESSION
111
and inserting in lieu thereof the following:
Article VI, Section II, Paragraph V.
Section 49. Title 12 of the Official Code of Georgia Annotated,
relating to contracts, is amended as follows:
(1) Said title is amended by striking from Code Section 12-3-
214, relating to remedies of bondholders, coupon holders, and trust-
ees of the Stone Mountain Memorial Association, the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article VII, Section IV.
(2) Said title is further amended by striking from subsection (d)
of Code Section 12-3-265, relating to remedies of bondholders,
coupon holders, and trustees of the Jekyll IslandState Park
Authority, the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article VII, Section IV.
Section 50. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended as follows:
(1) Said title is amended by striking from Code Section 15-2-6,
relating to duties of Justices of the Supreme Court to attend each
term thereof, the following:
Article VI, Section II, Paragraph I,
and inserting in lieu thereof the following:
Article VI, Section VI, Paragraph I.
(2) Said title is further amended by striking from subsection (c)
of Code Section 15-2-12, relating to separation of the Supreme Court
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GENERAL ACTS AND RESOLUTIONS, VOL. I
into two divisions and the duties of the Chief Justice and Presiding
Justice, the following:
Article VI, Section II, Paragraph I,
and inserting in lieu thereof the following:
Article VI, Section VI, Paragraph I.
(3) Said title is further amended by striking from Code Section
15-3-3, relating to jurisdiction of the Court of Appeals over certain
crimes, the following:
Article VI, Section II, Paragraph IV,
and inserting in lieu thereof the following:
Article VI, Section V, Paragraph III.
(4) Said title is further amended by striking from Code Section
15-7-1, relating to the purpose of Chapter 7 of Title 15 relative to state
courts, the following:
Article VI, Section II, Paragraphs IV and VIII,
and inserting in lieu thereof the following:
Article VI, Section III, Paragraph I.
(5) Said title is further amended by striking from subsection (b)
of Code Section 15-9-13, relating to who is to serve where a judge of
the probate court is disqualified or unable to act, the following:
as provided in Article VI, Section VI, Paragraph 11(a) of the
Constitution of this state,
and inserting in lieu thereof the following:
U
(6) Said title is further amended by striking from Code Section
15-10-1, relating to justices of the peace in each militia district, the
following:
GEORGIA LAWS 1983 SESSION
113
Unless otherwise provided by the General Assembly pursuant to
Article VI, Section VII, Paragraph I,
and inserting in lieu thereof the following:
Until otherwise provided by the General Assembly pursuant to
Article VI, Section I, Paragraph VI and Article VI, Section X.
Section 51. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended as follows:
(1) Said title is amended by striking from Code Section 17-7-95,
relating to authorization for the entry of a plea of nolo contendere by
the accused in noncapital felony cases, sentences, and use of pleas, the
following:
Article I, Section I, Paragraph XV,
and inserting in lieu thereof the following:
Article I, Section I, Paragraph XVIII.
Section 52. Title 19 of the Official Code of Georgia Annotated,
relating to domestic relations, is amended as follows:
(1) Said title is amended by striking from subsection (b) of Code
Section 19-9-23, relating to actions to obtain a change of legal
custody, the following:
Article VI, Section XIV, Paragraph VI,
and inserting in lieu thereof the following:
Article VI, Section II, Paragraph VI.
Section 53. Title 20 of the Official Code of Georgia Annotated,
relating to education, is amended as follows:
(1) Said title is amended by striking Code Section 20-2-50,
relating to county school districts, in its entirety and inserting in lieu
thereof a new Code Section 20-2-50 to read as follows:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
20-2-50. Each county of this state, exclusive of any indepen-
dent school system in existence in a county, shall compose one school
district and shall be confined to the control and management of a
county board of education, except to the extent that area school
systems are created pursuant to Article VIII, Section V, Paragraph I
of the Constitution of Georgia.
(2) Said title is further amended by striking the words pursuant
to Article VIII, Section V, Paragraph II of the Constitution of
Georgia from subsection (b) of Code Section 20-2-51, relating to
selection of members of county boards of education.
(3) Said title is further amended by striking from subsection (a)
of Code Section 20-2-55, relating to per diem and expenses of mem-
bers of county boards, the following:
; provided, however, that nothing contained in this Code section
shall affect a county board or school system created prior to the
Constitution of 1877.
(4) Said title is further amended by striking , exclusive of those
counties having local school systems created prior to the adoption of
the Constitution of 1877, from Code Section 20-2-80, relating to
appointment of local school trustees.
(5) Said title is further amended by striking from subsection (c)
of Code Section 20-2-102, relating to qualifications of county school
superintendents, the following:
This Code section shall not affect any school system in existence
prior to the adoption of the Constitution of 1877, nor any school
superintendent of any such school system.
(6) Said title is further amended by striking subsection (c) of
Code Section 20-2-105, relating to suspension of county school super-
intendents, which reads as follows:
(c) This Code section shall not apply to school systems created
prior to the adoption of the Constitution of 1877.,
in its entirety.
GEORGIA LAWS 1983 SESSION
115
(7) Said title is further amended by striking subsection (c) of
Code Section 20-2-106, relating to removal of county school superin-
tendents, which reads as follows:
(c) This Code section shall not apply to any public school
system established prior to the adoption of the Constitution of 1877.,
in its entirety.
(8) Said title is further amended by striking Code Section 20-2-
113, relating to the exemption of certain school systems from certain
laws regarding local school superintendents, which reads as follows:
20-2-113. None of this article shall apply to local county school
systems which were in existence at the time of the adoption of the
Constitution of 1877.,
in its entirety.
(9) Said title is further amended by striking from Code Section
20-2-430, relating to issuance and retirement of county schoolhouse
bonds, the following:
Article IX, Section VII, Paragraphs I and II of the Constitution
of Georgia,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraphs I and IV of the Constitution of
Georgia.
(10) Said title is further amended by striking from subsection (a)
of Code Section 20-2-431, relating to the division of a county into
schoolhouse districts, the following:
systems established prior to the adoption of the Constitution of
1945,
and inserting in lieu thereof the following:
districts,
116
GENERAL ACTS AND RESOLUTIONS, VOL. I
by striking from said subsection the following:
provided, however, that local school districts which were set up,
defined, and established within a county prior to the adoption of the
Constitution of 1945 may be reestablished and redefined without
change, alteration, or enlargement,
and by striking from said subsection the following:
Article IX, Section VII, Paragraphs I and II of the Constitution
of 1976,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraphs I and IV of the Constitution of
Georgia.
(11) Said title is further amended by striking Code Section 20-2-
521, relating to the exercise of condemnation powers, in its entirety
and inserting in lieu thereof a new Code Section 20-2-521 to read as
follows:
20-2-521. County boards of education and independent school
systems are authorized to take and damage, by condemnation, private
property for public school purposes, either for public school building
sites, playgrounds, athletic fields, or other purposes in connection
with the public elementary or high schools or any public educational
program which is now or may be hereafter authorized by law.
(12) Said title is further amended by striking in its entirety
subsection (b) of Code Section 20-2-553, relating to powers of the
Georgia Education Authority (Schools), which reads as follows:
(b) Until the first general obligation debt under Article VII,
Section III, Paragraph I of the Constitution of Georgia has been
incurred by the delivery of such debt to the purchaser or purchasers
of the debt, the authority may issue bonds for projects to serve
planned communities which have been certified as eligible for state
development assistance under Code Section 45-12-170.,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
117
(b) The validity of any bonds issued by the authority for
projects certified as eligible for state development assistance under
Code Section 45-12-170, which bonds were issued prior to the time the
first general obligation debt was incurred under Article VII, Section
III, Paragraph I of the Constitution of 1945, shall not be impaired; but
no future such bonds shall be issued.
(13) Said title is further amended by striking from Code Section
20-2-568, relating to remedies of bondholders, the following:
Article IX, Section VI, Paragraph 1(a) of the Constitution of
Georgia,
and inserting in lieu thereof the following:
Article VII, Section IV, Paragraph III of the Constitution of
Georgia.
(14) Said title is further amended by striking from Code Section
20-2-601, relating to the application of certain laws regarding the
leasing of public school property to certain public school systems, the
following:
, whether created before or after the Constitution of 1877.
(15) Said title is further amended by striking Code Section 20-2-
620, relating to the definition of local school systems, in its entirety
and inserting in lieu thereof a new Code Section 20-2-620 to read as
follows:
20-2-620. As used in this article, the term local school system
means all county, city, independent, and other public school systems
in this state.
(16) Said title is further amended by striking from Code Section
20-2-640, relating to legislative intent regarding education grants,
both times it appears the following:
Article X, Section II, Paragraph II of the Constitution of
Georgia,
and inserting in lieu thereof the following:
118
GENERAL ACTS AND RESOLUTIONS, VOL. I
Article VIII, Section VII of the Constitution of Georgia.
(17) Said title is further amended by striking from paragraph (1)
of Code Section 20-2-641, relating to the definition of a local school
system, the following:
, whether created before or after adoption of the Constitution of
1877.
(18) Said title is further amended by striking from subsection
(b) of Code Section 20-2-649, relating to the power to use local
education and tax funds for grants, the following:
, whether or not such independent school system was created
before adoption of the Constitution of 1877,,
and by striking from said subsection the following:
Article X, Section II, Paragraph II of the Constitution of
Georgia,
and inserting in lieu thereof the following:
Article VIII, Section VII of the Constitution of Georgia.
(19) Said title is further amended by striking from subsection (a)
of Code Section 20-2-703, relating to the application of certain laws
regarding records where operation of public schools is discontinued,
the following:
, including independent local systems and those maintained and
operated by counties, cities, towns, and municipalities, whether cre-
ated before or after the Constitution of 1877.
(20) Said title is further amended by striking Code Section 20-2-
810, relating to school systems exempt from certain laws regarding
teachers local licenses, which reads as follows:
20-2-810. None of this part shall apply to local school systems
which were in existence at the time of the adoption of the Constitu-
tion of 1877.,
GEORGIA LAWS 1983 SESSION
119
in its entirety and inserting in lieu thereof a new Code Section 20-2-
810 to read as follows:
20-2-810. Reserved.
(21) Said title is further amended by striking paragraph (1) of
subsection (a) of Code Section 20-2-942, relating to procedure for
nonrenewal of contract or demotion of teachers, in its entirety and
inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Local board of education or local board means a county or
independent board of education, a board of education of an area
school system, or any agent with the authority to act on behalf of any
such board.
(22) Said title is further amended by striking Code Section 20-2-
946, relating to application of certain laws regarding termination and
suspension to boards of education, in its entirety and inserting in lieu
thereof a new Code Section 20-2-946 to read as follows:
20-2-946. This part shall apply to boards of education of all
public school systems in this state.
(23) Said title is further amended by striking Code Section 20-2-
963, relating to application of certain laws regarding bonds and
accounts to public school systems, which reads as follows:
20-2-963. This part shall not apply to public school systems
established prior to the adoption of the Constitution of 1877.,
in its entirety.
(24) Said title is further amended by striking from paragraph (2)
of Code Section 20-3-131, relating to definitions regarding junior
colleges, the following:
school system established prior to the adoption of the Constitu-
tion of 1877,.
(25) Said title is further amended by striking from Code Section
20-3-132, relating to authority to establish and maintain junior
colleges, both times it appears the following:
120
GENERAL ACTS AND RESOLUTIONS, VOL. I
school system established prior to the adoption of the Constitu-
tion of 1877,.
(26) Said title is further amended by striking from Code Section
20-3-167, relating to remedies of bondholders and receivers, the
following:
Article IX, Section VI, Paragraph 1(a) of the Constitution of
Georgia,
and inserting in lieu thereof the following:
Article VII, Section IV, Paragraph III of the Constitution of
Georgia.
(27) Said title is further amended by striking from Code Section
20-3-202, relating to the creation of the Private Colleges and Univer-
sities Facilities Authority, the following:
Article VII, Section III of the Constitution of Georgia,
and inserting in lieu thereof the following:
Article VII, Section IV of the Constitution of Georgia.
(28) Said title is further amended by striking Code Section 20-3-
500, relating to continuation of board of regents scholarships, in its
entirety and inserting in lieu thereof a new Code Section 20-3-500 to
read as follows:
20-3-500. The board of regents scholarships are continued and
shall continue to be administered by the board.
(29) Said title is further amended by striking Code Section 20-3-
510, relating to continuation of the State Medical Education Board,
in its entirety and inserting in lieu thereof a new Code Section 20-3-
510 to read as follows:
20-3-510. The State Medical Education Board and its func-
tions are continued. The State Medical Education Board is assigned
to the board of regents for administrative purposes only as prescribed
in Code Section 50-4-3.
GEORGIA LAWS 1983 SESSION
121
Section 54. Title 28 of the Official Code of Georgia Annotated,
relating to General Assembly, is amended as follows:
(1) Said title is amended by striking from Code Section 28-1-2,
relating to time and place of meetings of the General Assembly, the
following:
Article III, Section V, Paragraph III,
and inserting in lieu thereof the following:
Article III, Section IV, Paragraph I.
(2) Said title is further amended by striking from Code Section
28-1-7, relating to the failure of an officer to organize an emergency
session of the General Assembly, the following:
Article V, Section II, Paragraph III,
and inserting in lieu thereof the following:
Article V, Section II, Paragraph VII(b).
(3) Said title is further amended by striking from subsection (a)
of Code Section 28-5-42, relating to the time for introduction of
retirement bills and bills having an impact upon revenues or expendi-
tures of state departments, the following:
Article III, Section VII, Paragraph IX,
and inserting in lieu thereof the following:
Article III, Section V, Paragraph IX.
Section 55. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended as follows:
(1) Said title is amended by striking from subsection (d) of Code
Section 31-7-30, relating to remedies of bondholders, receivers, and
indenture trustees of the Georgia Building Authority (Hospital), the
following:
122
GENERAL ACTS AND RESOLUTIONS, VOL. I
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article VII, Section IV.
Section 56. 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 striking from paragraph (2) of
subsection (a) of Code Section 32-2-2, relating to powers and duties of
the Department of Transportation, the following:
Article III, Section X, Paragraph VII,
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
(2) Said title is further amended by striking from subsection (a)
of Code Section 32-2-61, relating to limitations on the power of the
Department of Transportation to contract, the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article IX, Section III, Paragraph I,
and by striking from said subsection the following:
Article III, Section X, Paragraph V(e),
and inserting in lieu thereof the following:
Article VII, Section IV, Paragraph IV.
(3) Said title is further amended by striking paragraph (1) of
Code Section 32-5-21, relating to priority of expenditures from the
State Public Transportation Fund, in its entirety and inserting in lieu
thereof the following:
GEORGIA LAWS 1983 SESSION
123
(1) To pay the rentals on lease contracts entered into pursuant
to the authority of the Constitution of Georgia;.
(4) Said title is further amended by striking from subsection (f)
of Code Section 32-9-1, relating to departmental aid for mass trans-
portation facilities, the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
(5) Said title is further amended by striking from subsection (e)
of Code Section 32-9-2, relating to departmental aid for mass transit
programs, the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
(6) Said title is further amended by striking from subsection (d)
of Code Section 32-9-3, relating to departmental aid for trans-
portation services for elderly and handicapped persons, the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b)
(7) Said title is further amended by striking from subsection (g)
of Code Section 32-9-6, relating to departmental aid for rail service,
the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b)\
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GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Said title is further amended by striking from subsection (d)
of Code Section 32-9-7, relating to departmental aid for airport
development, the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
(9) Said title is further amended by striking from Code Section
32-10-43, relating to rights and remedies of holders of bonds or
interest coupons of the Georgia Highway Authority, the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article VII, Section IV,
and by striking from said Code section the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
Section 57. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended as follows:
(1) Said title is amended by striking from subsection (a) of Code
Section 36-1-8, relating to investment of certain tax proceeds by
counties in authorized bonds, the following:
Article IX, Section VII, Paragraph II,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph VI.
(2) Said title is further amended by striking from Code Section
36-17-20, relating to authorization of grants of state funds to counties,
the following:
GEORGIA LAWS 1983 SESSION
125
Article III, Section X, Paragraph 111(c),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph 111(c),
and by striking from said Code section the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
(3) Said title is further amended by striking from Code Section
36-34-8, relating to the provisions of Chapter 34 of Title 36 relative to
general powers of municipal corporations being general laws and the
enactment of local or special laws, the following:
Article I, Section II, Paragraph VII,
and inserting in lieu thereof the following:
Article III, Section VI, Paragraph IV(a).
(4) Said title is further amended by striking from Code Section
36-35-7, relating to declaring the provisions of Chapter 35 of Title 36
relative to home rule powers of municipalities being declared to be
general laws and enactment of local or special laws, the following:
Article I, Section II, Paragraph VII,
and inserting in lieu thereof the following:
Article III, Section VI, Paragraph IV(a).
(5) Said title is further amended by striking from Code Section
36-38-1, relating to investment of funds of a municipal corporation
acquired by tax levied to pay bonded indebtedness, the following:
Article IX, Section VII, Paragraph II,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph VI.
(6) Said title is further amended by striking from Code Section
36-40-41, relating to grants of state funds for capital outlay items, the
following:
Article VII, Section II, Paragraph IV,
and inserting in lieu thereof the following:
Article VII, Section III, Paragraph III.
(7) Said title is further amended by striking from Code Section
36-62-3, relating to constitutional authority for Chapter 62 of Title
36, relating to development authorities, the following:
Article IX, Section VIII, Paragraph II,
and inserting in lieu thereof the following:
Article IX, Section VI, Paragraph III.
(8) Said title is further amended by striking from Code Section
36-80-2, relating to power of counties, municipalities, county boards
of education, and other political subdivisions to issue notes in antici-
pation of taxes, the following:
Article IX, Section VII, Paragraph IV,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph V.
(9) Said title is further amended by striking from Code Section
36-80-10, relating to procedure for authorization of unbonded debt,
the following:
Article IX, Section VII, Paragraph I,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
127
Article IX, Section V, Paragraph I or II.
(10) Said title is further amended by striking from Code Section
36-80-13, relating to authorization of incurring unbonded debt, the
following:
Article IX, Section VII, Paragraph I,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph I or II.
(11) Said title is further amended by striking from Code Section
36-82-3, relating to authorization of issuance of bonds, the following:
Article IX, Section VII, Paragraphs I and II,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph I or II.
(12) Said title is further amended by striking from Code Section
36-82-5, relating to authorization for the destruction of unsold bonds,
the following:
Article IX, Section VII, Paragraphs I and II,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph I or II.
(13) Said title is further amended by striking from Code Section
36-82-8, relating to deduction of the sinking fund in computing
bonded indebtedness, the following:
Article IX, Section VIII, Paragraph V,
and inserting in lieu thereof the following:
Article IX, Section V, Paragraph VI.
(14) Said title is further amended by striking from Code Section
36-82-20, relating to proceedings for validation of bonds of counties,
municipalities, or political subdivisions, the following:
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Article IX, Section VII, Paragraphs I through III,
and inserting in lieu thereof the following:
Article IX, Section V.
Section 58. Title 37 of the Official Code of Georgia Annotated,
relating to mental health, is amended as follows:
(1) Said title is amended by striking subsection (b) of Code
Section 37-9-8, relating to use of assets other than income for deter-
mination of assessments for payment of patient expenses, in its
entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
(b) The following assets of a person liable for cost of care shall
be exempt from subsection (a) of this Code section:
(1) Real property which qualifies for a homestead exemp-
tion from ad valorem taxation;
(2) Any other real property which constitutes the principal
residence of the person liable for cost of care but which does not
qualify for a homestead exemption under paragraph (1) of this
subsection; and
(3) Any other assets up to a total value of $10,000.00.
Section 59. 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 striking from subsection (b) of Code
Section 38-2-172, relating to transfer of funds in an emergency and
the use of funds in the event of an invasion, the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
GEORGIA LAWS 1983 SESSION
129
(2) Said title is further amended by striking from Code Section
38-2-173, relating to authorization of the Governor to borrow money
for the purpose of repelling an invasion, suppressing an insurrection,
or defending the state, the following:
Article VII, Section III, Paragraphs I and II,
and inserting in lieu thereof the following:
Article VII, Section IV, Paragraphs I and VI.
(3) Said title is further amended by striking from subsection (f)
of Code Section 38-3-51, relating to emergency powers of the Gover-
nor, the following:
Article III, Section X, Paragraph VII(b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
Section 60. Title 42 of the Official Code of Georgia Annotated,
relating to penal institutions, is amended as follows:
(1) Said title is amended by striking subsection (a) of Code
Section 42-2-11, relating to rules and regulations governing the penal
system, in its entirety and inserting in lieu thereof a new subsection
(a) to read as follows:
(a) The board shall establish the general policy to be followed
by the department.
(2) Said title is further amended by striking from Code Section
42-3-19, relating to remedies of bondholders of the Georgia Building
Authority (Penal), the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article VII, Section IV.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 61. 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 striking from Code Section 45-2-21,
relating to veterans additional points on civil service examination
scores, the following:
Article IV, Section VI, Paragraph II,
and inserting in lieu thereof the following:
Article IV, Section III, Paragraph II.
(2) Said title is further amended by striking from Code Section
45-12-76, relating to limitations on appropriations by the General
Assembly and supplementary appropriations, the following:
Article III, Section X, Paragraph VI,
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph V.
(3) Said title is further amended by striking from Code Section
45-12-81, relating to the procedure and restrictions for expenditures
by the state and budget units thereof, the following:
Article III, Section X, Paragraph I,
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph I.
(4) Said title is further amended by striking from paragraph (13)
of Code Section 45-20-2, relating to definitions relative to the State
Merit System of Personnel Administration, the following:
Article IV, Section VI, Paragraph I,
and inserting in lieu thereof the following:
Article IV, Section III, Paragraph I.
GEORGIA LAWS 1983 SESSION
131
Section 62. 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 striking from subsection (d) of Code
Section 46-1-2, relating to measure of damages for wrongs and
injuries by railroad companies and venue for actions, the following:
Article III, Section VIII, Paragraph VIII of the Constitution of
the State of Georgia,
and inserting in lieu thereof the following:
Article III, Section VI, Paragraph V(c) of the Constitution of the
State of Georgia,
and by striking from said subsection the following:
Article III, Section VIII, Paragraph VIII, of the Constitution of
the State of Georgia,
and inserting in lieu thereof the following:
Article III, Section VI, Paragraph V(c) of the Constitution of the
State of Georgia.
(2) Said title is further amended by striking from Code Section
46-3-15, relating to application of the Georgia Territorial Electrical
Service Act on charges of public utilities owned or operated by
counties or municipalities, the following:
Article III, Section VIII, Paragraph IX,
and inserting in lieu thereof the following:
Article III, Section VI, Paragraph V(d).
(3) Said title is further amended by striking from Code Section
46-8-24, relating to inspection by the Public Service Commission of
contracts and agreements between railroad companies, the following:
Article III, Section VIII, Paragraph VIII,
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GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
Article III, Section VI, Paragraph V(c).
Section 63. Title 47 of the Official Code of Georgia Annotated,
relating to retirement and pensions, is amended as follows:
(1) Said title is amended by striking subsection (a) of Code
Section 47-2-71, relating to membership in the Employees Social
Security Coverage Group, in its entirety and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) Any other provisions of law to the contrary notwithstand-
ing, and pursuant to Article VII, Section III, Paragraph I and Article
III, Section X of the Constitution of Georgia and Chapter 18 of this
title, there is established as of July 1, 1956, Division A of the
Employees Retirement System of Georgia as a separate coverage
group to be specifically known as the Employees Social Security
Coverage Group.
(2) Said title is further amended by striking subsection (a) of
Code Section 47-18-70, relating to establishment of the Employees
Social Security Coverage Group, in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Pursuant to Article III, Section X of the Constitution of
Georgia and Article VII, Section III, Paragraph I of the Constitution
of Georgia, with due consideration to the limitations embodied
therein, there is established a separate coverage group to be known as
the Employees Social Security Coverage Group, membership of
which shall consist of all state employees who are in the group to be
covered for social security, the conditions of membership to be as
established in Chapter 2 of this title governing the Employees
Retirement System of Georgia.
Section 64. Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, is amended as follows:
(1) Said title is amended by striking from subsection (a) of Code
Section 48-5-48, relating to application for constitutional homestead
exemptions by qualified disabled veterans, the following:
GEORGIA LAWS 1983 SESSION
133
Constitution of this state,
and inserting in lieu thereof the following:
Constitution of Georgia of 1976,
and by striking from subsection (b) of said Code section the following:
Constitution of Georgia,
and inserting in lieu thereof the following:
Constitution of Georgia of 1976.
(2) Said title is further amended by striking from subsection (a)
of Code Section 48-5-404, relating to collection of county school taxes
by tax commissioners or tax collectors, the following:
Article VIII, Section VII, Paragraph I,
and inserting in lieu thereof the following:
Article VIII, Section VI, Paragraph I.
(3) Said title is further amended by striking from Code Section
48-8-81, relating to creation of special districts, the following:
Article IX, Section IV, Paragraph II,
and inserting in lieu thereof the following:
Article IX, Section II, Paragraph VI.
(4) Said title is further amended by striking from paragraph (2)
of subsection (a) of Code Section 48-8-89, relating to distribution of
proceeds of the local option sales and use tax, the following:
Article IX, Section IV, Paragraph II,
and inserting in lieu thereof the following:
Article IX, Section II, Paragraph III.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 65. Title 49 of the Official Code of Georgia Annotated,
relating to social services, is amended as follows:
(1) Said title is amended by striking Code Section 49-2-5, relat-
ing to declaring the Department of Human Resources to be an
institution of the state, in its entirety and inserting in lieu thereof a
new Code Section 49-2-5 to read as follows:
49-2-5. The department is declared to be an institution of the
state for which the powers of taxation over the whole state may be
exercised and the department is empowered and authorized to
administer, expend, and disburse funds appropriated to it and allo-
cated to it by the General Assembly, the respective counties of the
state, and the United States, through its appropriate agencies and
instrumentalities for the purpose of distributing old-age benefits and
all other benefits as provided in this title.
(2) Said title is further amended by striking from paragraph (8)
of subsection (a) of Code Section 49-5-8, relating to powers and duties
of the Department of Human Resources, the following:
Article X, Section II, Paragraph X, of the state Constitution,
and inserting in lieu thereof the following:
Article VIII, Section VII, Paragraph I of the Constitution of
Georgia.
Section 66. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended as follows:
(1) Said title is amended by striking from paragraph (3) of Code
Section 50-4-1, relating to definitions regarding the executive branch
of state government, the following:
of 1976.
(2) Said title is further amended by striking from Code Section
50-9-43, relating to rights and limitations of bondholders of the
Georgia Building Authority, the following:
Article IX, Section VI, Paragraph I,
GEORGIA LAWS 1983 SESSION
135
and inserting in lieu thereof the following:
Article VII, Section IV.
(3) Said title is further amended by striking from Code Section
50-12-100, relating to creation and composition of the Constitutional
Amendments Publication Board, the following:
Article XII, Section I, Paragraph I,
and inserting in lieu thereof the following:
Article X, Section I, Paragraph II.
(4) Said title is further amended by striking from paragraph (1)
of Code Section 50-17-21, relating to definitions relative to the
Georgia State Financing and Investment Commission Act, the
following:
Article VII, Section III, Paragraph III,
and inserting in lieu thereof the following:
Article VII, Section IV, Paragraph VII,
by striking paragraph (2) of said Code section in its entirety and
inserting in lieu thereof a new paragraph (2) to read as follows:
(2) Constitution means the Constitution of the State of
Georgia ratified at the 1982 general election.,
and by striking from paragraph (7) of said Code section the following:
Article VII, Section III, Paragraph I,
and inserting in lieu thereof the following:
Article VII, Section IV.
(5) Said title is further amended by striking from paragraph (2)
of subsection (a) of Code Section 50-17-23, relating to general obliga-
tion and guaranteed revenue debts of the state, the following:
136
GENERAL ACTS AND RESOLUTIONS, VOL. I
Paragraph 1(a) of Section VI of Article IX of the Constitution,
and inserting in lieu thereof the following:
Article IX, Section VII, Paragraph 1(a) of the Constitution of
Georgia of 1976,
by striking from paragraph (4) of said subsection the following:
Article III, Section X, Paragraph VII,
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b),
by striking from paragraph (2) of subsection (b) of said Code section
the following:
Paragraph 1(a) of Section VI, Article IX of the Constitution,
and inserting in lieu thereof the following:
Article IX, Section VI, Paragraph 1(a) of the Constitution of
Georgia of 1976,
and by striking from subsection (c) of said Code section the following:
Paragraph 1(a) of Section VI, Article IX of the Constitution,
and inserting in lieu thereof the following:
Article IX, Section VI, Paragraph 1(a) of the Constitution of
Georgia of 1976.
(6) Said title is further amended by striking from the last
sentence of paragraph (3) of subsection (b) of Code Section 50-17-24,
relating to administration of public debt, the following:
of the Constitution,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
137
of the Constitution of Georgia of 1976,
and by striking subsection (c) in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) No debt may be incurred under paragraph (3) of subsection
(b) of this Code section at any time when the highest aggregate annual
debt service requirements for the then current year or any subsequent
year for outstanding general obligation debt and guaranteed revenue
debt, including the proposed debt, and the highest aggregate annual
payments for the then current year or any subsequent fiscal year of
the state under all contracts then in force to which the provisions of
the second paragraph of Article IX, Section VI, Paragraph 1(a) of the
Constitution of 1976 are applicable exceed 10 percent of the total
revenue receipts, less refunds of the state treasury in the fiscal year
immediately preceding the year in which any such debt is to be
incurred. Within such limitation, the following limitations shall also
be applicable:
(1) No guaranteed revenue debt may be incurred to finance
water or sewage treatment facilities or systems when the highest
aggregate annual debt service requirements for the then current
year or any subsequent fiscal year of the state for outstanding or
proposed guaranteed revenue debt for water or sewage treatment
facilities or systems exceed 1 percent of the total revenue receipts,
less refunds, of the state treasury in the fiscal year immediately
preceding the year in which any such debt is to be incurred;
(2) The aggregate principal amount of guaranteed revenue
debt incurred to make loans to citizens of the state for educational
purposes that may be outstanding at any time shall not exceed $18
million and the aggregate principal amount of guaranteed revenue
debt incurred to make or purchase, or to lend or deposit against
the security of, loans to citizens of the state for educational
purposes that may be outstanding at any time shall not exceed $72
million; and
(3) The issuance of any funding or refunding debt pursuant
to this Code section shall be subject to the 10 percent limitation
provided for herein to the same extent as debt incurred under this
article; provided, however, that in making such computation the
annual debt service requirements and annual contract payments
remaining on the debt or obligations being funded or refunded
shall not be taken into account.
138
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Said title is further amended by striking from subparagraph
(b)(1)(B) of Code Section 50-17-25, relating to issuance of debt by the
state, the following:
of the Constitution are applicable,
and inserting in lieu thereof the following:
of the Constitution of Georgia of 1976 are applicable.
(8) Said title is further amended by striking from subsection (b)
of Code Section 50-17-27, relating to public department proceeds and
holding such proceeds in trust, the following:
Paragraph 1(a) of Section VI, Article IX of the Constitution,
and inserting in lieu thereof the following:
Article IX, Section VI, Paragraph 1(a) of the Constitution of
Georgia of 1976.
(9) Said title is further amended by striking from Code Section
50-17-28, relating to the prohibition of bond security contracts, the
following:
Paragraph 1(a) of Section VI, Article IX of the Constitution,
and inserting in lieu thereof the following:
Article IX, Section VI, Paragraph 1(a) of the Constitution of
Georgia of 1976.
(10) Said title is further amended by striking from subsection
(b) of Code Section 50-17-63, relating to deposit of demand funds by
the state, investment of funds, and motor fuel tax revenues, the
following:
Article III, Section X, Paragraph VII, subsection (b),
and inserting in lieu thereof the following:
Article III, Section IX, Paragraph VI(b).
GEORGIA LAWS 1983 SESSION
139
Section 67. 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 striking from Code Section 52-2-26,
relating to remedies of bondholders and the trustees of bonds of the
Georgia Ports Authority, the following:
Article IX, Section VI, Paragraph 1(a),
and inserting in lieu thereof the following:
Article VII, Section IV.
(2) Said title is further amended by striking from Code Section
52-5-3, relating to issuance of a certificate of incorporation to naviga-
tion companies, the following:
Article III, Section VIII of.
Part 3
Section 68. This Act shall become effective immediately upon
its approval by the Governor or upon its becoming law without his
approval, except the provisions of Part 2 of this Act which shall
become effective on July 1,1983.
Section 69. All laws and parts of laws in conflict with this Act
are repealed.
Approved January 25,1983.
140
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS CODE AMENDED.
Code Title 21 Amended.
No. 2 (House Bill No. 4).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to correct typographical, stylistic, and other
errors and omissions in Title 21 of the Official Code of Georgia
Annotated; to provide for necessary or appropriate revisions and
modernizations of matters contained in Title 21 of the Official Code
of Georgia Annotated; to revise and correct certain references to the
Constitution of the State of Georgia in Title 21 of the Official Code of
Georgia Annotated; to provide for effective dates; to repeal conflict-
ing 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 as follows:
(1) By striking from paragraph (20) of Code Section 21-2-2,
relating to definitions regarding elections and primaries, the follow-
ing:
Chapter 11 of Title 16,
and inserting in lieu thereof the following:
Part 2 of Article 1 of Chapter 11 of Title 16.
(2) By striking from subsections (a) and (b) of Code Section 21-
2-40, relating to the creation of boards of elections, the following:
act,
and inserting in lieu thereof the following:
GEORGIA LAWS 1983 SESSION
141
Act.
(3) By striking from paragraph (5) of Code Section 21-2-50,
relating to powers and duties of the Secretary of State, the following:
district,
and inserting in lieu thereof the following:
precinct.
(4) By striking from Code Section 21-2-91, relating to the
appointment of clerks, the following:
district,
and inserting in lieu thereof the following:
precinct.
(5) By striking from Code Section 21-2-99, relating to the
instruction of poll officers as to the use of voting machines, the
following:
districts,
and inserting in lieu thereof the following:
precincts.
(6) By striking from paragraph (1) of subsection (d) of Code
Section 21-2-132, relating to filing a notice of candidacy, the follow-
ing:
vice-president,
and inserting in lieu thereof the following:
Vice President.
(7) By striking subsection (b) of Code Section 21-2-170, relating
to nomination of candidates by petition, in its entirety and inserting
in lieu thereof a new subsection (b) to read as follows:
142
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A nomination petition of a candidate seeking an office
which is voted upon state-wide shall be signed by not less than 2.5
percent of the total number of electors eligible to vote in the last
election for the filling of the office the candidate is seeking; a
nomination petition of a candidate for any other office shall be
signed by not less than 5 percent of the total number of electors
eligible to vote in the last election for the filling of the office the
candidate is seeking. However, in the case of a candidate seeking
an office for which there has never been an election or seeking an
office in a newly constituted constituency, the percentage figure
shall be computed on the total number of electors in the constitu-
ency who would have been qualified to vote for such office had the
election been held at the last general election.
(8) By striking subsection (a) of Code Section 21-2-213, relating
to qualifications of registrars and deputy registrars, in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(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 member of a county board of registrars, 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; provided,
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 member of a county board of
registrars, 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.
(9) By striking from subsection (e) of Code Section 21-2-217,
relating to the form of registration cards, the following:
applicants,
GEORGIA LAWS 1983 SESSION
143
and inserting in lieu thereof the following:
applicants.
(10) By striking from subsection (c) of Code Section 21-2-219,
relating to qualifications of voters, the following:
at the time of the adoption of this chapter,
and inserting in lieu thereof the following:
on June 24,1964,
and by striking from subsection (d) of said Code section the
following:
Vice-President,
and inserting in lieu thereof the following:
Vice President.
(11) By striking from subsection (c) of Code Section 21-2-237,
relating to the challenge of persons on the list of electors by certain
other electors, the following:
district,
and inserting in lieu thereof the following:
precinct.
(12) By striking from subsection (a) of Code Section 21-2-240,
relating to procedure to be followed upon change of residence of an
elector, the following:
electors list,
and inserting in lieu thereof the following:
electors list.
144
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) By adding following the words with subsection (a) in
subsection (b) of Code Section 21-2-261.1, relating to requirements
for certain voting precincts, the following:
of this Code section.
(14) By striking from subsection (a) of Code Section 21-2-267,
relating to equipment for use in polling places, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(15) By striking from Code Section 21-2-280, relating to con-
ducting primaries and elections by ballot, the following:
district,
and inserting in lieu thereof the following:
precinct.1
(16) By striking from paragraph (1) of subsection (b) and from
subsection (e) of Code Section 21-2-285, relating to the form of official
election ballots, the following:
Vice-President,
and inserting in lieu thereof the following:
Vice President.
(17) By striking from subsection (c) of Code Section 21-2-323,
relating to installation of voting machines, the following:
districts,
and inserting in lieu thereof the following:
precincts.
GEORGIA LAWS 1983 SESSION
145
(18) By striking from subsection (e) of Code Section 21-2-325,
relating to form of ballot labels, the following:
ballots labels,
and inserting in lieu thereof the following:
ballot labels,
by striking from subsection (e) of said Code section the following:
vice-president,
and inserting in lieu thereof the following:
Vice President,
and by striking from subsection (i) of said Code section the
following:
election district,
and inserting in lieu thereof the following:
precinct.
(19) By striking from subsection (c) of Code Section 21-2-352,
relating to installation of vote recorders, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(20) By striking from subsection (a) of Code Section 21-2-381,
relating to applications for absentee ballots, the following:
district,
and inserting in lieu thereof the following:
146
GENERAL ACTS AND RESOLUTIONS, VOL. I
precinct.
(20.1) By striking from subsection (b) of Code Section 21-2-385,
relating to procedure for voting by absentee ballot, the following:
five,
and inserting in lieu thereof the following:
ten.
(21) By striking subsection (a) of Code Section 21-2-386, relating
to certain procedures regarding absentee ballots, in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(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 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
conform 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. Four copies
of the 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 four copies of 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
GEORGIA LAWS 1983 SESSION
147
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.
(22) By adding the word to between duplicate and the in
subsection (a) of Code Section 21-2-405, relating to certain require-
ments of poll officers, and by striking the word district and
inserting in lieu thereof precinct in subsection (b) of said Code
section.
(23) By striking from subsection (b) of Code Section 21-2-409,
relating to electors entitled to receive assistance in voting, the follow-
ing:
five,
and inserting in lieu thereof the following:
ten.
(24) By striking from Code Section 21-2-430, relating to the
opening of ballot boxes, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(25) By striking from subsection (b) of Code Section 21-2-433,
relating to admission of electors to the enclosed space, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(26) By striking from subsection (a) of Code Section 21-2-435,
relating to marking and depositing ballots, the following:
districts,
148
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof the following:
precincts.
(27) By striking from Code Section 21-2-436, relating to certain
duties of poll officers, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(28) By striking from subsection (a) of Code Section 21-2-450,
relating to certain procedures regarding polls, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(29) By striking from subsection (a) of Code Section 21-2-456,
relating to certain election return sheets and statements, the follow-
ing:
district,
and inserting in lieu thereof the following:
precinct.
(30) By striking from Code Section 21-2-457, relating to the
removal and storage of voting machines, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(31) By striking from subsection (a) of Code Section 21-2-470,
relating to procedures for obtaining ballot cards, the following:
GEORGIA LAWS 1983 SESSION
149
districts,
and inserting in lieu thereof the following:
precincts.
(32) By striking from paragraph (1) of Code Section 21-2-473,
relating to certain duties of poll officers, the following:
voter,
and inserting in lieu thereof the following:
vote.
(33) By striking from Code Section 21-2-491, relating to public
inspection of unsealed returns, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(34) By striking from Code Section 21-2-492, relating to the
computation and canvassing of returns, the following:
district,
and inserting in lieu thereof the following:
precinct.
(35) By striking the word districts and inserting in lieu thereof
the word precincts in subsection (a) of Code Section 21-2-493,
relating to computation of returns by the superintendent, by striking
the words districts and district and inserting in lieu thereof
precincts and precinct in subsection (d) of said Code section, and
by striking the word districts and inserting in lieu thereof the word
precincts in subsection (f) of said Code section.
(36) By striking the comma following the word apparent in the
first sentence of subsection (a) of Code Section 21-2-495, relating to
procedure for recounting votes.
150
GENERAL ACTS AND RESOLUTIONS, VOL. I
(37) By striking from paragraph (2) of Code Section 21-2-594,
relating to offenses by printers of ballots, the following:
way that that,
and inserting in lieu thereof the following:
way than that.
(38) By striking paragraph (20) of Code Section 21-3-2, relating
to definitions pertaining to municipal elections, the following:
Chapter 11 of Title 16,
and inserting in lieu thereof the following:
Part 2 of Article 1 of Chapter 11 of Title 16.
(39) By striking paragraph (5) of Code Section 21-3-8, relating to
powers and duties of municipal governing authorities regarding elec-
tions, in its entirety and inserting in lieu thereof a new paragraph (5)
to read as follows:
(5) To designate, by ordinance or resolution, precincts for
primaries and elections and to alter said precincts as necessary;.
(40) By striking from Code Section 21-3-33, relating to the
appointment of clerks, the following:
district,
and inserting in lieu thereof the following:
precinct.
(41) By striking the words district or from Code Section 21-3-
36, relating to the instruction of poll officers in the use of voting
machines and vote recorders.
(42) By striking the word thirty and inserting in lieu thereof
30 in the last sentence of subsection (a) of Code Section 21-3-91,
relating to filing notice of candidacy, and by striking the word
corporation and inserting in lieu thereof occupation in paragraph
(2) of subsection (e) of said Code section.
GEORGIA LAWS 1983 SESSION
151
(43) By striking from subsection (c) of Code Section 21-3-125,
relating to qualifications of voters, the following:
whatsoever; in which event,,
and inserting in lieu thereof the following:
whatsoever, in which event.
(44) By striking from subsection (b) of Code Section 21-3-133,
relating to purging of the list of electors by municipalities, the
following:
first class mail,
and inserting in lieu thereof the following:
first-class mail.
(45) By striking subsection (a) of Code Section 21-3-135, relating
to a certified list of voters, in its entirety and inserting in lieu thereof a
new Code section 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
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 precinct. Such list shall not be used by any person for
commercial purposes.
(46) By striking from subsection (b) of Code Section 21-3-138,
relating to challenges of persons on the electors list, the following:
district,
and inserting in lieu thereof the following:
152
GENERAL ACTS AND RESOLUTIONS, VOL. I
precinct.
(47) By adding following the words with subsection (a) in
subsection (b) of Code Section 21-3-161.1, relating to requirements
for certain voting precincts, the following:
of this Code section.
(48) By striking from subsection (a) of Code Section 21-3-165,
relating to equipment for use in polling places, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(49) By striking from Code Section 21-3-180, relating to con-
ducting primaries and elections by ballot, the following:
district,
and inserting in lieu thereof the following:
precinct.
(50) By striking the language from subsection (c) of Code Sec-
tion 21-3-187, relating to the form of official election ballots, which
reads as follows:
The columns of political bodies shall be arranged alpha-
betically, according to the party name, to the right of the columns
of the parties so represented.
(51) By striking from subsection (c) of Code Section 21-3-223,
relating to the installation of voting machines, the following:
districts,
and inserting in lieu thereof the following:
precincts.
GEORGIA LAWS 1983 SESSION
153
(52) By striking from subsection (c) of Code Section 21-3-252,
relating to the installation of vote recorders, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(53) By striking the language in subsection (c) of Code Section
21-3-257, relating to preparation of vote recorders for voting, which
reads as follows:
No write-in votes may be cast in a primary, run-off primary,
or run-off election.
(54) By striking from subsection (a) of Code Section 21-3-283,
relating to applications for absentee ballots, the following:
district,
and inserting in lieu thereof the following:
precinct.
(55) By striking the colon following the word Georgia and
inserting in lieu thereof a semicolon in the form contained in subsec-
tion (d) of Code Section 21-3-284, relating to absentee ballots, and by
striking the word oath and inserting in lieu thereof the word
oaths in the undesignated paragraph following the form in said
subsection.
(56) By striking from the form contained in subsection (d) of
Code Section 21-3-284, relating to absentee ballots, the following:
Georgia law further provides that any person violating this
chapter shall be guilty of a misdemeanor.,
and inserting in lieu thereof the following:
Georgia law further provides that any person violating the
Georgia Municipal Election Code shall be guilty of a misde-
meanor.
154
GENERAL ACTS AND RESOLUTIONS, VOL. I
(57) By striking subsection (b) of Code Section 21-3-285, relat-
ing to procedure for voting by absentee ballot, in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) A physically disabled or illiterate elector may receive
assistance in preparing his ballot from one of the following: any
elector selected by such elector who is qualified to vote in the same
municipality as the disabled elector; or the father, mother,
brother, sister, spouse, son, daughter, mother-in-law, father-in-
law, brother-in-law, or sister-in-law of the disabled elector. If the
disabled elector is sojourning outside his own municipality, a
notary public of the jurisdiction may give such assistance and shall
then sign the oath printed on the same envelope as the oath to be
signed by the elector. No person shall assist more than ten such
electors in any primary, election, or runoff.
(58) By striking the word comply and inserting in lieu thereof
the word conform in the fifth sentence of subsection (a) of Code
Section 21-3-286, relating to absentee ballots.
(59) By striking from subsection (b) of Code Section 21-3-314,
relating to certain duties of poll officers, the following:
district,
and inserting in lieu thereof the following:
precinct.
(59.1) By striking from subsection (c) of Code Section 21-3-318,
relating to the assisting of certain electors, the following:
five,
and inserting in lieu thereof the following:
ten.
(60) By striking from Code Section 21-3-340, relating to the
opening of ballot boxes, the following:
districts,
GEORGIA LAWS 1983 SESSION
155
and inserting in lieu thereof the following:
precincts.
(61) By striking from subsection (a) of Code Section 21-3-360,
relating to the opening of polls, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(62) By striking from subsections (b) and (c) of Code Section 21-
3-366, relating to the form of return sheets, the following:
district,
and inserting in lieu thereof the following:
precinct.
(63) By striking from Code Section 21-3-367, relating to the
removal and storage of voting machines, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(64) By striking from subsection (a) of Code Section 21-3-380,
relating to procedures for obtaining ballot cards, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(65) By striking from subsection (c) of Code Section 21-3-381,
relating to the preparation and signing of returns, the following:
156
GENERAL ACTS AND RESOLUTIONS, VOL. I
district,
and inserting in lieu thereof the following:
precinct.
(66) By striking from Code Section 21-3-401, relating to public
inspection of unsealed returns, the following:
districts,
and inserting in lieu thereof the following:
precincts.
(67) By adding parentheses around the phrase Printed name of
elector in the form contained in subsection (a) of Code Section 21-4-
6, relating to the form of a recall petition.
(68) By striking from paragraph (3) of subsection (c) of Code
Section 21-4-12, relating to recall elections, the following:
city;
and inserting in lieu thereof the following:
municipality.
(69) By striking the ballot in subsection (e) of Code Section 21-
4-12, relating to recall elections, in its entirety and inserting in lieu
thereof a new ballot to read as follows:
( ) YES Shall (name of office holder) (name
( ) NO of office), be recalled and removed
from public office?
Section 2. Said title is further amended as follows:
(1) By striking from subsection (a) of Code Section 21-1-2,
relating to the preparation of the summary of general amendments to
the Constitution of Georgia, the following:
GEORGIA LAWS 1983 SESSION
157
Article XII, Section I, Paragraph I,
and inserting in lieu thereof the following:
Article X, Section I, Paragraph II.
(2) By striking from subsection (a) of Code Section 21-2-222,
relating to applications for voter registration, the following:
Article II, Section II, Paragraph I,
and inserting in lieu thereof the following:
Article II, Section I, Paragraph III.
(3) By striking the last sentence of Code Section 21-2-228,
relating to registration of persons to vote in special primaries and
elections, which reads as follows:
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.,
in its entirety.
(4) By striking subsection (b) of Code Section 21-2-237, relating
to the challenge of persons on the list of electors by certain other
electors, which reads as follows:
(b) Any other provision of this law to the contrary notwith-
standing, no challenge as provided in this Code section shall be
valid as to a person who has registered to vote prior to March 25,
1958, on the grounds that such person does not come within either
of the classes provided in the two subdivisions of Article II,
Section I, Paragraph IV of the Constitution of Georgia.,
in its entirety and inserting in lieu thereof the following:
(b) Reserved.
(5) By striking Code Section 21-4-11, relating to holding certain
special elections, in its entirety and inserting in lieu thereof a new
Code Section 21-4-11 to read as follows:
158
GENERAL ACTS AND RESOLUTIONS, VOL, I
21-4-11. If an officeholder resigns subsequent to the filing
of an application to circulate a recall petition or within five days
following the filing of a recall petition for verification, no recall
election shall be conducted; and the appropriate state or local
official shall call a special election to fill the vacancy within ten
days after the date of acceptance of the resignation. If no official is
specifically designated by law or if the appropriate official has
resigned as provided in this Code section, the Governor shall issue
the call for a special election to fill the vacancy created by the
resignation. The special election shall be held at least 30 days but
not more than 45 days following the call. ,
(6) By striking subsection (g) of Code Section 21-4-12, relating
to holding recall elections, in its entirety and inserting in lieu thereof
a new subsection (g) to read as follows:
(g) A special election shall be called by the appropriate
state or local official to fill a vacancy created by recall. The special
election shall be called within ten days after the date of the recall
election and shall be conducted at least 30 days but not more than
45 days following the call. If no official is specifically designated
by law or if the appropriate official has been recalled, the Gover-
nor shall issue the call for a special election to fill the vacancy
created by recall. Any person who has been recalled from office
under this chapter shall be eligible to offer for election to fill the
vacancy created by recall.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval, except
that Section 2 of this Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved January 25,1983.
GEORGIA LAWS 1983 SESSION
159
SUPPLEMENTARY APPROPRIATIONS ACT.
Ga. Laws 1982, p. 1876 Amended.
No. 3 (House Bill No. 1).
AN ACT
To amend an Act providing appropriations for
the State Fiscal Year 1982-83, known as the Gen-
eral Appropriations Act, approved April 21,1982
(Ga. Laws 1982, p. 1876), so as to change the
revenue estimate and certain appropriations for
the State Fiscal Year 1982-83; 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 State Fiscal Year 1982-83, known as the
General Appropriations Act, approved April 21,
1982 (Ga. Laws 1982, p. 1876), is amended by
striking everything following the enacting clause,
and by substituting in lieu thereof the following:
That the sums of money hereinafter provided
are appropriated for the State Fiscal Year begin-
ning July 1, 1982, and ending June 30, 1983, as
prescribed hereinafter for such State Fiscal Year,
from the General Funds of the State, including
unappropriated surplus and a State fund revenue
estimate of $3,632,000,000 for State Fiscal Year
1983.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch....
,$ 15,250,000
160
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operations.............................
Total Funds Budgeted...................
State Funds Budgeted...................
Budget Unit Object Classes:
Operations.............................
For compensation, expenses, mileage, allow-
ances, travel and benefits for members, officials,
committees and employees of the General Assem-
bly and each House thereof; for operating the
offices of Lieutenant Governor and Speaker of the
House of Representatives; for membership in the
National Conference of Commissioners on Uni-
form State Laws; for membership in the Council of
State Governments, the National Conference of
State Legislatures and the National Conference of
Insurance Legislators and other legislative organi-
zations, upon approval of the Legislative Services
Committee; for membership in the Marine Fisher-
ies Compact and other Compacts, upon approval of
the Legislative Services Committee; for the main-
tenance, repair, construction, reconstruction, fur-
nishing and refurbishing of space and other facili-
ties for the Legislative Branch; for the Legislative
Services Committee, the Office of Legislative
Counsel and the Office of Legislative Budget Ana-
lyst; for the operation of the Legislative Educa-
tional Research 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.
$ 15,250,000
$ 15,250,000
$ 15,250,000
$ 15,250,000
GEORGIA LAWS 1983 SESSION
161
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............$ 5,425,000
li Operations............................. $ 5,075,000
Total Funds Budgeted.....................$ 5,075,000
State Funds Budgeted.....................$ 5,075,000
2. Tax Ratio Study..........................$ 350,000
Total Funds Budgeted.....................$ 350,000
State Funds Budgeted.....................$ 350,000
Budget Unit Object Classes:
Operations...............................$ 5,075,000
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................. $ 2,387,894
For the cost of operating the Supreme Court of
162
GENERAL ACTS AND RESOLUTIONS, VOL. I
the State of Georgia, including salaries of Justices
and the employees of the Court, their retirement
contributions and for the Emeritus Judges of the
Court. Provided, however, that the listed appro-
priation shall be increased by the amount of
$12,000 per annum for each additional Emeritus
position established during the fiscal year. Pro-
vided, however, that the sum of $7,500 shall be
allocated for the payment of attorneys fees and
legal expenses for indigent defendants in criminal
cases on appeal as provided in Georgia Laws 1953,
Nov.-Dee. Session, pp. 478-481 (Code Sections 17-
12-60 through 17-12-62).
Provided, however, that the sum of $10,500
shall be allocated for the cost of Georgias pro rata
share for the operation of the National Center for
State Courts.
Total Positions Budgeted 59
Section 4. Superior Courts.
Budget Unit: Superior Courts...................$ 19,730,053
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 (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
GEORGIA LAWS 1983 SESSION
163
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 Regular Session of the General Assembly
immediately preceding this State Fiscal Year.
Provided, that of the above appropriation
relating to Superior Courts, $446,539 is designated
and committed for the Prosecuting Attorneys
Council for operations and $82,184 is designated
and committed for the Sentence Review Panel.
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
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 $12,000 per annum for
each additional Emeritus position established
during the fiscal year.
Total Positions Budgeted
Section 6. Administrative Office of
the Courts.
Budget Unit: Administrative Office
of the Courts..................
458
2,652,951
55
781,731
164
GENERAL ACTS AND RESOLUTIONS, VOL. I
Administrative Office of the
Courts...........iriiiiiv.....................$ 494,178
Case Counting.;.,....;.;;......,......... $ 60,000
Institute for Continuing
Judicial Education......i.................$ 227,553
Total Funds Budgeted..................... $ 781,731
State Funds Budgeted...................... $ 781,731
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
For the cost of operating the Judicial Qualifica-
tions Commission. v
Total Positions Budgeted 0
Section 9. Board of Court Reporting.
Budget Unit:............................ $ 15,486
For the cost of operating the Board of Court
Reporting.
Total Positions Budgeted 1
GEORGIA LAWS 1983 SESSION
165
Section 10. Council of Juvenile
Court Judges.
Budget Unit:................................ $ 104,384
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:...................................$ 537,658
For the cost of operating the Georgia Judicial
Administrative Districts.
Total Positions Budgeted 20
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services...........$ 31,044,488
1. State Properties Commission Budget:
Personal Services........................$ 219,910
Regular Operating Expenses...............$ 5,688
Travel................................ $ 1,600
Motor Vehicle Equipment, Purchases.......$ -0-
Publications and Printing................$ 100
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals.................... $ 12,516
166
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications........................$ 3,600
Per Diem, Fees and Contracts..............$ 13,455
Total Funds Budgeted.................... $ 256,869
State Funds Budgeted......................$ 256,869
Total Positions Budgeted 6
2. Departmental Administration Budget:
Personal Services....................... $ 1,069,715
Regular Operating Expenses................$ 155,447
Travel....................................$ 11,000
Motor Vehicle Equipment
Purchases.......................-0-
Publications and Printing.................$ 10,820
Equipment Purchases.......................$ 952
Computer Charges..........................$ 30,000
Real Estate Rentals.......................$ 47,817
Telecommunications...................... $ 16,449
Per Diem, Fees and Contracts..............$ -0-
Direct Payments to Georgia
Building Authority for
Capital Outlay..........................$ 1,970,802
Direct Payments to Georgia
Building Authority for
Operations............................ $ 375,200
Direct Payments to Georgia
Building Authority for
Floyd Building Operations...............$ 1,200,000
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals...........:^;...$ 850,000
Total Funds Budgeted......................$ 5,738,202
State Funds Budgeted......................$ 5,665,802
Total Positions Budgeted 42
3. Treasury and Fiscal
Administration Budget:
Personal Services.........................$ 864,780
Regular Operating Expenses................$ 80,103
Travel................................... $ 6,000
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 10,000
Equipment Purchases.................;.......$ -0-
Computer Charges........................ $ 4,582,447
GEORGIA LAWS 1983 SESSION
167
Real Estate Rentals........................$ 27,851
Telecommunications..........................$ 12,510
Per Diem, Fees and Contracts.............; $ -0-
Public Safety Officers
Indemnification Fund..........................$ 478,345
Total Funds Budgeted........................$ 6,062,036
State Funds Budgeted....................;...$ 3,763,270
Total Positions Budgeted 29
4. Central Supply Administration
Budget:
Personal Services.......................... $ 247,875
Regular Operating Expenses........;....... $ 297,207
Travel............................................ -0-
Motor Vehicle Equipment Purchases...........$ 1,003
Publications and Printing..;..............Eu$ -0-
Equipment Purchases.........................$ 1,400
Computer Charges.......................... $ -0-
Real Estate Rentals..................... $ 61,179
Telecommunications....................... $ -0-
Per Diem, Fees and Contracts................$ 1,000
Materials for Resale........................$ 5,400,000
Utilities.............................1....$ -0-
Total Funds Budgeted........................$ 6,009,664
Total Expenditures Authorized.........,....$ 6,009,664
State Funds Budgeted..................... ..$ -0-
Total Positions Budgeted 15
5. Procurement Administration Budget:
Personal Services........w.w.v.3lsi<.V.v;;......$ 1,211,198
Regular Operating Expenses..................$ 113,823
Travel............................$..............$ 7,250
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 29,000
Equipment Purchases..................... ..$ 447
Computer Charges........................ $ 190,590
Real Estate Rentals.........................$ 56,502
Telecommunications........................ $ 34,500
Per Diem, Fees and Contracts ...........;.$ -0-
Total Funds Budgeted........................$ 1,643,310
State Funds Budgeted........................$ 1,643,310
Total Positions Budgeted 50
168
GENERAL ACTS AND RESOLUTIONS, VOL. I
6. General Services Administration
Budget:
Personal Services.........................$ 304,217
Regular Operating Expenses................$ 7,529
Travel....................................$ 6,550
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,800
Equipment Purchases.......................$ 150
Computer Charges..........................$ 18,000
Real Estate Rentals.......................$ 12,165
Telecommunications........................$ 29,779
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted..........,i..........$ 388,190
Total Expenditures Authorized.............$ 388,190
State Funds Budgeted......................$ -0-
Total Positions Budgeted 13
7. Space Management
Administration Budget:
Personal Services.........................$ 256,079
Regular Operating Expenses................$ 7,320
Travel....................................$ 1,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 400
Equipment Purchases....................,..$ 928
Computer Charges........................ $ 5,000
Real Estate Rentals............... ......$ 17,999
Telecommunications........................$ 6,230
Per Diem, Fees and Contracts..............$ -0-
Materials for Resale......................$ -0-
Total Funds Budgeted.................... $ 295,456
State Funds Budgeted................. ...$ 295,456
Total Positions Budgeted 10
8. Data Processing Services Budget:
Personal Services.........................$ 16,676,476
Regular Operating Expenses................$ 1,410,817
Travel.................................. $ 60,000
Motor Vehicle Equipment
Purchases...........^...................$ -0-
Publications and Printing.................$ 230,800
Equipment Purchases.......................$ 56,319
Computer Charges........................ $ 280,000
Rents and Maintenance Expense.............$ 16,776,942
GEORGIA LAWS 1983 SESSION 169
Real Estate Rentals...............................$ 1,024,536
Telecommunications................................$ 309,543
Payments to DOAS Fiscal
Administration........,..................$ 2,270,896
Per Diem, Fees and Contracts......................$ 837,692
Total Funds Budgeted........f.....................$ 39,934,021
Total Expenditures Authorized.....................$ 39,934,021
State Funds Budgeted..............................$ 13,302,685
Total Positions Budgeted 661
9. Motor Pool Services Budget:
Personal Services............................... $ 389,011
Regular Operating Expenses...................... $ 1,479,866
Travel...................................... $ -0-
Motor Vehicle Equipment Purchases.................$ 235,000
Publications and Printing........I.........$ -0-
Equipment Purchases...............................$ 8,000
Computer Charges..................................$ -0-
Real Estate Rentals............................. $ 720
Telecommunications.............................. $ -0-
Per Diem, Fees and Contracts......................$ -0-
Total Funds Budgeted............................ $ 2,112,597
Total Expenditures Authorized................... $ 2,112,597
State Funds Budgeted..............................$ -0-
Total Positions Budgeted 22
10. Communication Services Budget:
Personal Services............................... $ 2,473,852
Regular Operating Expenses........................$ 364,761
Travel.......................................... $ 11,000
Motor Vehicle Equipment
Purchases...................................... $ 50,600
Publications and Printing.........................$ 59,000
Equipment Purchases...............................$ 21,380
Computer Charges................................. $ 164,823
Real Estate Rentals........................... $ 57,503
Telecommunications.......................... ....$ 385
Per Diem, Fees and Contracts.................... $ 5,000
Telephone Billings............................ $ 26,395,620
Total Funds Budgeted.....*........................$ 29,603,924
Total Expenditures Authorized................... $ 29,603,294
State Funds Budgeted..............................$ 6,000,000
Total Positions Budgeted 108
170
GENERAL ACTS AND RESOLUTIONS, VOL. I
11. Printing Services Budget:
Personal Services.........................$ 1,410,732
Regular Operating Expenses................$ 1,559,230
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......................$ 3,548,132
Total Expenditures Authorized.............$ 3,548,132
State Funds Budgeted......................$ -0-
Total Positions Budgeted 69
12. Surplus Property Services Budget:
Personal Services.........................$ 723,902
Regular Operating Expenses................$ 260,552
Travel....................................$ 25,300
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 16,000
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
Utilities......................... ..$ 23,980
Total Funds Budgeted......................$ 1,115,504
State Funds Budgeted......................$ 117,096
Total Positions Budgeted 39
13. Mail and Courier Services Budget:
Personal Services.........................$ 157,942
Regular Operating Expenses................$ 117,120
Travel.................................. $ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals...................... $ 2,239
Telecommunications........................$ -0-
GEORGIA LAWS 1983 SESSION
171
Materials for Resale......................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 277,301
Total Expenditures Authorized.............$ 277,301
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 10
14. Self-Insurance Services Budget:
Personal Services.........................$ 531,026
Regular Operating Expenses................$ 21,673
Travel....................................$ 24,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 2,500
Equipment Purchases.......................$ 900
Computer Charges...............v..........$ 60,000
Real Estate Rentals.......................$ 26,227
Telecommunications........................$ < 9,179
Materials for Resale......................$ -0-
Per Diem, Fees and Contracts..............$ 20,000
Total Funds Budgeted......................$ 696,005
Total Expenditures Authorized.............$ 696,005
State Funds Budgeted......................$ -0-
Total Positions Budgeted 22
Budget Unit Object Classes: v
Personal Services.........................$ 26,536,715
Regular Operating Expenses................$ 5,881,136
Travel.................................. $ 154,700
Motor Vehicle Equipment
Purchases...............................$ 286,603
Publications and Printing.................$ 368,420
Equipment Purchases............U..........$ 147,876
Computer Charges..........................$ 5,333,060
Real Estate Rentals.......................$ 1,481,424
Telecommunications........................$ 435,345
Per Diem, Fees and Contracts..............$ 889,147
Rents and Maintenance Expense.............$ 16,776,942
Utilities.................................$ 23,980
Payments to DOAS Fiscal
Administration...........*..............$ 2,270,896
Direct Payments to Georgia
Building Authority for
Operations..............................$ 375,200
172
GENERAL ACTS AND RESOLUTIONS, VOL. I
Direct Payments to Georgia
Building Authority for
Capital Outlay..........................$ 1,970,802
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.................$ 850,000
Direct Payments to Georgia
Building Authority for
Floyd Building Operations...............$ 1,200,000
Telephone Billings.........................$ 26,395,620
Materials for Resale.......................$ 5,825,000
Public Safety Officers
Indemnity Fund.........................$ 478,345
Total Positions Budgeted 1,096
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....a....................... $ 388,190
Data Processing Service.........................$ 39,934,021
Motor Pool Service...............................$ 2,112,597
Communication Services..........................$ 29,603,924
Printing Services........................... $ 3,548,132
Total.....I................................... $ 75,586,864
except to provide general salary increases autho-
rized for all State employees, orunless 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.
GEORGIA LAWS 1983 SESSION
173
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.
B. Budget Unit: Georgia Building
Authority........................$ -0-
Georgia Building Authority
Budget:
Personal Services...............>.........$ 14,050,940
Regular Operating Expenses................$ 2,487,369
Travel.....................................$ 4,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 32,000
Equipment Purchases.................... $ 110,000
Computer Charges....................... $ -0-
Real Estate Rentals................... M.$ 32,000
Telecommunications....................... $ 60,000
Per Diem, Fees and Contracts...............$ 115,000
Capital Outlay......................... $ 1,970,802
Authority Lease Rentals....................$ 1,039,500
Utilities................................ $ 4,700,000
Facilities Renovations
and Repairs..................S&I..........$ -0-
Total Funds Budgeted..................... $ 21,601,611
State Funds Budgeted..................... $ -0-
Total Positions Budgeted 507
Budget Unit Object Classes:
Personal Services..........................$ 11,050,940
Regular Operating Expenses.................$ 2,487,369
Travel.............................. ...$ 4,000
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing..................$ 32,000
Equipment Purchases................. .....$ 110,000
174
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 32,000
Telecommunications....................... $ 60,000
Per Diem, Fees and Contracts...............$ 115,000
Capital Outlay.............................$ 1,970,802
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
are received from other sources for renovations or
repairs.
Section 14. Department of Agriculture.
A. Budget Unit: Department of
Agriculture..................... $ 21,920,739
1. Plant Industry Budget:
Personal Services........................ $ 3,572,578
Regular Operating Expenses.................$ 303,871
Travel................................... $ 102,715
Motor Vehicle Equipment Purchases..........$ 54,211
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...............$ -0-
Total Funds Budgeted.......................$ 4,176,919
State Funds Budgeted.......................$ 3,562,126
Total Positions Budgeted 168
2. Animal Industry Budget:.
Personal Services..........................$ 1,193,752
Regular Operating Expenses.................$ 118,480
Travel.............................. .....$ 43,500
Motor Vehicle Equipment Purchases..........$ 42,490
GEORGIA LAWS 1983 SESSION
175
Publications and Printing.................$ 9,500
Equipment Purchases....................... $ 700
Computer Charges......................... $ -0-
Real Estate Rentals......,............ $ -0-
Telecommunications.........................$ 46,563
Per Diem, Fees and Contracts...............$ 75,000
Athens Veterinary Laboratory
Contract............................. $ 448,019
Tifton Veterinary Laboratory
Contract............................... $ 823,556
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston,
Statesboro and Tifton.................. $ 991,000
Veterinary Fees................... .......$ 498,500
Indemnities............................ ...$ 71,000
Capital Outlay................................$ t -0-
Total Funds Budgeted.......................$ 4,362,060
State Funds Budgeted.......................$ 4,007,204
Total Positions Budgeted 56
3. Marketing Budget:
Personal Services......................... $ 877,604
Regular Operating Expenses.................$ 137,440
Travel...................................... 53,000
Motor Vehicle Equipment Purchases..........$ 6,087
Publications and Printing..................$ 13,980
Equipment Purchases...................... $ 2,275
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications..................... $ 38,250
Per Diem, Fees and Contracts...............$ 27,000
Advertising................................$ 55,000
Major Repairs and Maintenance
Projects at Minor Markets................$ 95,000
Total Funds Budgeted..................... $ 1,305,636
State Funds Budgeted.......................$ 1,299,386
Total Positions Budgeted 40
4. Major Markets Budget: +
Personal Services............................ 1,882,500
Regular Operating Expenses.................$ 773,438
Travel.....................................$ 10,050
Motor Vehicle Equipment Purchases..........$ 23,100
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Markets...............$ 264,000
Total Funds Budgeted................... $ 3,068,883
State Funds Budgeted..................... $ 584,480
Total Positions Budgeted 103
5. General Agricultural Field
Forces Budget:
Personal Services........................ $ 2,008,349
Regular Operating Expenses.................$ 118,404
Travel................................ $ 168,190
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 1,900
Computer Charges....................... $ -0-
Real Estate Rentals...................... $ 3,600
Telecommunications..................... $ 19,000
Per Diem* Fees and Contracts...............$ 200
Total Funds Budgeted..................... $ 2,323,643
State Funds Budgeted..................... $ 2,323,643
Total Positions Budgeted 108
6. Internal Administration Budget:
Personal Services..........................$ 1,296,671
Regular Operating Expenses.................$ 214,138
Travel............................. ....$ 27,500
Motor Vehicle Equipment Purchases..........$ 6,087
Publications and Printing..................$ 14,000
Equipment Purchases........................$ 3,220
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
GEORGIA LAWS 1983 SESSION
177
Payments to Georgia Agrirama
Development Authority.....................$ 263,613
Total Funds Budgeted........................$ 2,523,491
State Funds Budgeted,,....,,................$ 2,479,123
Total Positions Budgeted 54
7. Information and Education Budget:
Personal Services..............,;..........$ 138,083
Regular Operating Expenses..................$ 14,140
Travel.................................... $ 600
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 370,000
Equipment Purchases........................ $ 1,725
Computer Charges.......................... $ -0-
Real Estate Rentals....^.....-............ $ -0-
Telecommunications..,,......................$ 6,732
Per Diem, Fees and Contracts............... $ ? -0-
Market Bulletin Postage.....................$ 590,432
Total Funds Budgeted.*.................... $ 1,121,712
State Funds Budgeted...................... $ 1,121,712
Total Positions Budgeted 9
8. Fuel and Measures Standards
Budget:
Personal Services......................$ 1,265,543
Regular Operating Expenses..................$ 232,373
Travel.................................. $ 89,100
Motor Vehicle Equipment Purchases...........$ 121,300
Publications and Printing.................. $ 4,500
Equipment Purchases...................... $ 16,100
Computer Charges............................$ -0-
Real Estate Rentals........................ $ -0-
Telecommunications............................$ 15,964
Per Diem, Fees and Contracts................$ -0-
Total Funds Budgeted........................$ 1,744,880
State Funds Budgeted.................. ,...$ 1,741,380
Total Positions Budgeted 71
9. Consumer Services Budget:
Personal Services........^.................$ 676,441
Regular Operating Expenses..................$ 66,051
Travel.................................... $ 17,500
Motor Vehicle Equipment Purchases...........$ 22,250
Publications and Printing...................$ 4,000
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 20,502
Per Diem, Fees and Contracts...............$ 500
Total Funds Budgeted.......................$ 807,244
State Funds Budgeted......................$ 807,244
Total Positions Budgeted 29
10. Consumer Protection Field
Forces Budget:
Personal Services........................ $ 3,017,089
Regular Operating Expenses.................$ 132,323
Travel.................................... $ 15^,600
Motor Vehicle Equipment Purchases..........$ 30,958
Publications and Printing..................$ 8,200
Equipment Purchases...................... $ 3,300
Computer Charges....................................-0-
Real Estate Rentals............................. 6,240
Telecommunications.........................$ 34,000
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 3,387,710
State Funds Budgeted.......................$ 2,653,307
Total Positions Budgeted 126
V
11. Meat Inspection Budget:
Personal Services..........................$ 2,722,460
Regular Operating Expenses.................$ 77,466
Travel................................... $ 147,119
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.......................$ 3,114,131
State Funds Budgeted.......................$ 1,241,134
Total Positions Budgeted 122
V.
12. Fire Ant Control Budget:
Personal Services..........................$ -0-
Regular Operating Expenses.................$ -0-
Travel................................... $ -0-
GEORGIA LAWS 1983 SESSION
179
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)..................$ 100,000
Total Funds Budgeted......................$ 100,000
State Funds Budgeted......................$ 100,000
Total Positions Budgeted 0
13. Seed Technology and Development
Personal Services........................ $ 178,732
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......................$ 189,132
State Funds Budgeted......................$ -0-
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 18,829,802
Regular Operating Expenses................$ 2,195,524
Travel....I...............................$ 817,874
Motor Vehicle Equipment
Purchases...............................$ 335,483
Publications and Printing.................$ 465,722
Equipment Purchases.......................$ 113,915
Computer Charges..........................$ 128,362
Real Estate Rentals.......................$ 528,293
Telecommunications........................$ 322,696
Per Diem, Fees and Contracts..............$ 242,650
Market Bulletin Postage...................$ 590,432
Fire Ant Bait (approved
by Federal Government)..................$ 100,000
180
GENERAL ACTS AND RESOLUTIONS, VOL. I
Athens Veterinary Laboratory
Contract.................................$ 448,019
Tifton Veterinary Laboratory
Contract.................................$ 823,556
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston
Statesboro and Tifton....................$ 991,000
Veterinary Fees............................$ 498,500
Indemnities.............................. $ 71,000
Advertising Contract.......................$ 90,000
Payments to Georgia Agrirama
Development Authority for
Operations........................... $ 263,613
Repairs and Maintenance
Projects at Minor Markets................$ 95,000
Repairs and Maintenance
Projects at Major Markets................$ 264,000
Contract - Federation of
Southern Cooperatives....................$ 10,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 894
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
GEORGIA LAWS 1983 SESSION
181
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.
Provided, however, of the above appropriation
for Fire Ant Bait (approved by Federal Govern-
ment), State funds in the amount of $100,000 are
designated and committed for the purpose of pur-
chasing fire ant bait approved by the Federal
Government and shall not be expended for any
other purpose, and shall not be transferred to any
other object class by the Fiscal Affairs Sub-Com-
mittees.
B. Budget Unit: Georgia Agrirama
Development Authority.............$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services.........................$ 417,353
Regular Operating Expenses........... ...$ 91,104
Travel................................ $ 6,160
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing...........;.*..$ 5,300
Equipment Purchases................... .$ 7,030
Computer Charges..........................$ -0-
Real Estate Rentals.................. ....$ -0-
Telecommunications........................$ 5,500
Per Diem, Fees and Contracts..............$ 94,483
Capital Outlay............................$ 206,024
Goods for Resale..........................$ 80,100
Total Funds Budgeted......................$ 913,054
State Funds Budgeted..................... $ -0-
Total Positions Budgeted 27
Budget Unit Object Classes:
Personal Services.........................$ 417,353
Regular Operating Expenses................$ 91,104
Travel.................................. $ 6,160
Motor Vehicle Equipment Purchases ....v...$ -0-
Publications and Printing.................$ 5,300
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases..................,....$ 7,030
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 5,500
Per Diem, Fees and Contracts..............$ 94,483
Capital Outlay...........................$ 206,024
Goods for Resale..........................$ 80,100
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.......................$ 3,278,089
Administration and Examination Budget:
Personal Services..........................$ 2,698,765
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..................... $ 3,278,089
State Funds Budgeted.......................$ 3,278,089
Total Positions Budgeted 102
Budget Unit Object Classes:
Personal Services........................ $ 2,698,765
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
GEORGIA LAWS 1983 SESSION
183
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..................$ 4,170,778
1. Executive and Administrative Budget:
Personal Services........................ $ 514,659
Regular Operating Expenses............... $ 38,060
Travel............................. $ 10,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 7,500
Equipment Purchases...................... $ -0-
Computer Charges...........................$ 100
Real Estate Rentals........................$ 91,779
Telecommunications.........................$ 11,000
Per Diem, Fees and Contracts...............$ 9,000
Capital Felony Expenses....................$ 50,000
Multi-State Transportation Board...........$ -0-
Grants to Area Planning and
Development Commissions..................$ 1,316,250
Grants for Revitalization
Projects.................................$ 110,000
Local Assistance Grants....................$ 348,000
Total Funds Budgeted.......................$ 2,506,348
State Funds Budgeted.......................$ 2,429,297
Total Positions Budgeted 18
2. Technical Assistance Budget:
Personal Services........................ $ 642,621
Regular Operating Expenses.................$ 24,027
Travel................................. $ 36,000
Motor Vehicle Equipment Purchases..........$ 6,200
Publications and Printing..........8,150
Equipment Purchases...................... $ -0-
Computer Charges....................... $ 900
Real Estate Rentals........................$ 29,349
Telecommunications.........................$ 13,150
Per Diem, Fees and Contracts...............$ 29,100
Juvenile Justice Grants....................$ 1,000,000
Total Funds Budgeted.......................$ 1,789,497
184
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.................... $ 694,035
Total Positions Budgeted 24
3. Community and Economic
Development Budget:
Personal Services..........................$ 833,175
Regular Operating Expenses.................$ 30,000
Travel................................... $ 52,505
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing..................$ 10,000
Equipment Purchases...................... $ -0-
Computer Charges......................... $ 2,000
Real Estate Rentals...................... $ 40,000
Telecommunications.........................$ 30,000
Per Diem, Fees and Contracts...............$ 30,000
Appalachian Regional
Commission Assessment....................$ 56,720
Total Funds Budgeted.......................$ 1,084,400
State Funds Budgeted.......................$ 644,540
Total Positions Budgeted 29
4. Intergovernmental Assistance Budget:
Personal Services................. .....$ 444,886
Regular Operating Expenses..........M.....$ 12,188
Travel................................... $ 16,710
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 18,450
Equipment Purchases........................$ -0-
Computer Charges......................... $ 4,000
Real Estate Rentals........................$ 21,232
Telecommunications.........................$ 18,500
Per Diem, Fees and Contracts...............$ 4,650
Total Funds Budgeted...................... $ 540,616
State Funds Budgeted.......................$ 402,906
Total Positions Budgeted 14
Budget Unit Object Classes:
Personal Services..........................$ 2,435,341
Regular Operating Expenses.................$ 104,275
Travel................................... $ 115,215
Motor Vehicle Equipment Purchases..........$ 6,200
Publications and Printing..................$ 44,100
Equipment Purchases...................... $ -0-
Computer Charges......................... $ 7,000
GEORGIA LAWS 1983 SESSION
185
Real Estate Rentals........................$ 182,360
Telecommunications.........................$ 72,650
Per Diem, Fees and Contracts...............$ 72,750
Capital Felony Expenses....................$ 50,000
Grants to Area Planning and
Development Commissions.................$ 1,316,250
Local Assistance Grants....................$ 348,000
Grants to Revitalization
Projects.............................. $ 110,000
Appalachian Regional Commission
Assessment..............................$ 56,720
Multi-State Transportation Board...........$ -0-
Juvenile Justice Grants....................$ 1,000,000
Total Positions Budgeted 85
Authorized Motor Vehicles 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
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
186
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 Positions Budgeted 73
Authorized Motor Vehicles 29
Section 17. Office of Comptroller
General.
Budget Unit: Office of Comptroller
General...........................$ 5,650,311
1. Internal Administration Budget:
Personal Services.........................$ 525,215
Regular Operating Expenses................$ 89,128
Travel.................................. $ 2,445
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 5,925
Equipment Purchases.......................$ 1,655
Computer Charges..........................$ 232,080
Real Estate Rentals..................... $ -0-
Telecommunications.............I.........$ 14,393
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted.................... $ 870,841
State Funds Budgeted......................$ 858,844
Total Positions Budgeted 20
2. Insurance Regulation Budget:
Personal Services.........................$ 1,051,545
Regular Operating Expenses..................... 48,248
Travel....................................$ 2,683
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 90,921
Equipment Purchases.......................$ 280
Computer Charges........................ $ 69,585
Real Estate Rentals.......................$ 17,632
Telecommunications........................$ 23,650
Per Diem, Fees and Contracts..............$ 3,000
GEORGIA LAWS 1983 SESSION
187
Total Funds Budgeted..................... $ 1,307,544
State Funds Budgeted................... $ 1,222,544
Total Positions Budgeted 46
3. Industrial Loans Regulation
Budget:
Personal Services..........................$ 362,954
Regular Operating Expenses.................$ 20,884
Travel.....................................$ 14,810
Motor Vehicle Equipment Purchases..........$ 5,500
Publications and Printing..................$ 997
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 5,536
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 410,681
State Funds Budgeted.......................$ 410,681
Total Positions Budgeted 13
4. Information and Enforcement
Budget:
Personal Services..........................$ 965,321
Regular Operating Expenses.................$ 36,566
Travel................................... $ 16,442
Motor Vehicle Equipment Purchases..........$ 7,250
Publications and Printing..................$ 2,366
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 18,992
Telecommunications.........................$ 31,263
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 1,078,200
State Funds Budgeted.......................$ 1,078,200
Total Positions Budgeted 43
5. Fire Safety and Mobile Home
Regulation Budget:
Personal Services...................... $ 2,035,225
Regular Operating Expenses.................$ 93,330
Travel................................. $ 126,150
Motor Vehicle Equipment Purchases..........$ 87,000
Publications and Printing..................$ 11,935
Equipment Purchases........................$ 2,200
188
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ 32,168
Telecommunications........................$ 27,022
Per Diem, Fees and Contracts..............$ 10,000
Total Funds Budgeted.................... $ 2,425,030
State Funds Budgeted......................$ 2,080,042
Total Positions Budgeted 101
Budget Unit Object Classes:
Personal Services.........................$ 4,940,260
Regular Operating Expenses................$ 288,156
Travel....................................$ 162,530
Motor Vehicle Equipment Purchases.........$ 99,750
Publications and Printing................$ 112,144
Equipment Purchases...................... $ 4,135
Computer Charges........................ $ 301,665
Real Estate Rentals..........I...........$ 68,792
Telecommunications........................$ 101,864
Per Diem, Fees and Contracts .............$ 13,000
Total Positions Budgeted 223
Authorized Motor Vehicles 57
Section 18. Department of Defense.
Budget Unit: Department of Defense...........$ 2,638,760
1. Office of the Adjutant General
Budget:
Personal Services.........................$ 610,938
Regular Operating Expenses................$ 23,678
Travel....................................$ 2,580
Motor Vehicle Equipment Purchases.........$ 8,000
Publications and Printing....;............$ 3,500
Equipment Purchases.......................$ -0-
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 700
Per Diem, Fees and Contracts .............$ 10,000
Military Assistance to
Safety and Traffic Grant................$ -0-
Total Funds Budgeted......................$ 659,396
State Funds Budgeted......................$ 588,274
Total Positions Budgeted 21
GEORGIA LAWS 1983 SESSION
189
2. Georgia Emergency Management
Agency Budget:
Personal Services..............................$ 893,517
Regular Operating Expenses.................$ 100,570
Travel....................................... $ 29,870
Motor Vehicle Equipment Purchases..............$ -0-
Publications and Printing......................$ 18,910
Equipment Purchases..,.,....,.,.....;,.........$ 350
Computer Charges...............................$ -0-
Real Estate Rentals............................$ 6,200
Telecommunications.............................$ 35,750
Per Diem, Fees and Contracts...................$ 52,140
Utilities.................................. $ 19,700
Civil Air Patrol Contract......................$ 40,000
Local Civil Defense Grants -
Project Application..........................$ 30,000
Local Civil Defense
Grants - Training............................$ 45,000
Total Funds Budgeted...........................$ 1,272,007
State Funds Budgeted...........................$ 466,160
Total Positions Budgeted 36
3. Georgia Air National Guard
Budget:
Personal Services..............................$ 1,149,051
Regular Operating Expenses................... $ 299,413
Travel.........................................$ 800
Motor Vehicle Equipment Purchases..............$ -0-
Publications and Printing......................$ 1,350
Equipment Purchases.......................... $ -0-
Computer Charges...............................$ -0-
Real Estate Rentals............................$ -0-
Telecommunications........................... $ -0-
Per Diem, Fees and Contracts...................$ -0-
Utilities......................................$ 626,531
Capital Outlay............................. $ -0-
Total Funds Budgeted...........................$ 2,077,145
State Funds Budgeted...........................$ 269,705
Total Positions Budgeted 62
4. Georgia Army National Guard
Budget:
Personal Services..............................$ 1,575,286
Regular Operating Expenses.....................$ 539,148
190
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel................................... $ 2,700
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 14,900
Equipment Purchases..................... $ 10,000
Computer Charges...........................$ -0-
Real Estate Rentals..................................-0-
Telecommunications....................... $ 22,800
Per Diem, Fees and Contracts...............$ 10,800
Utilities................M..................$ 517,400
Capital Outlay....................... $ 5,242
Georgia Military Institute Grant.........,.$ 15,000
Grants to National Guard Units............$ 362,140
Repairs and Renovations.................. $ 114,500
Total Funds Budgeted.......................$ 3,189,916
State Funds Budgeted.........;..............$ 1,314,621
Total Positions Budgeted 84
Budget Unit Object Classes:
Personal Services..........................$ 4,228,792
Regular Operating Expenses.................$ 962,809
Travel............................. ....$ 35,950
Motor Vehicle Equipment Purchases..........$ 8,000
Publications and Printing..................$ 38,660
Equipment Purchases........................$ 10,350
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 6,200
Telecommunications.........................$ 59,250
Per Diem, Fees and Contracts...............$ 72,940
Utilities................................ $ 1,163,631
Military Assistance to
Safety and Traffic Grant.................$ -0-
National Guard Units Grants.............. $ 362,140
Georgia Military Institute Grant...........$ 15,000
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....................$ 114,500
Total Positions Budgeted 203
Authorized Motor Vehicles 20
GEORGIA LAWS 1983 SESSION
191
Section 19. State Board of Education *
Department of Education.
A. Budget Unit: Department of
Education........................$1,370,624,749
1. Instructional Services Budget:
Personal Services...........................$ 4,292,278
Regular Operating Expenses..................$ 715,711
Travel.................................252,543
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 216,533
Equipment Purchases.........................$ 15,850
Real Estate Rentals.........................$ 158,280
Telecommunications........................ $ 119,980
Per Diem, Fees and Contracts................$ 189,813
Utilities...................................$ 3,250
Total Funds Budgeted...................... $ 5,964,238
Indirect DOAS Services
Funding.................................$ 51,000
State Funds Budgeted..................... $ 3,303,004
Total Positions Budgeted 168
2. Governors Honors Program Budget:
Personal Services....................... $ 280,436
Regular Operating Expenses............ ....$ 24,635
Travel......................................$ 4,725
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing................. $ 1,600
Equipment Purchases............... ......$ 825
Real Estate Rentals..........................$ -0-
Telecommunications...................... $ 5,695
Per Diem, Fees and Contracts................$ 348,670
Total Funds Budgeted......................$ 666,586
State Funds Budgeted...................... $ 663,006
Total Positions Budgeted 2
3. Vocational Education Budget:
Personal Services.................. ....$ 2,941,849
Regular Operating Expenses................ $ 264,501
Travel.......................... ;.....$ 178,688
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 54,990
Equipment Purchases.................... ...$ 6,935
Real Estate Rentals................ .....$ 146,498
Telecommunications..........................$ 86,617
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ 1,905,515
Utilities..................................$ 11,870
Total Funds Budgeted..................... $ 5,597,463
State Funds Budgeted.......................$ 1,976,975
Total Positions Budgeted 101
4. Public Library Services Budget:
Personal Services..........................$ 954,829
Regular Operating Expenses.................$ 165,645
Travel.....................................$ 13,875
Publications and Printing..................$ 12,000
Equipment Purchases........................$ 6,200
Real Estate Rentals.................... $ 123,065
Telecommunications..................... $ 41,760
Per Diem, Fees and Contracts...............$ 180,000
Utilities................................ $ 11,710
Total Funds Budgeted.......................$ 1,509,084
State Funds Budgeted.......................$ 781,611
Total Positions Budgeted 42
5. State Administration Budget:
Personal Services........................ $ 1,012,829
Regular Operating Expenses.................$ 286,501
Travel................................... $ 45,130
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 18,156
Equipment Purchases...................... $ 56,586
Real Estate Rentals........................$ 67,900
Telecommunications.........................$ 31,100
Per Diem, Fees and Contracts...............$ 217,000
Total Funds Budgeted.......................$ 1,735,202
State Funds Budgeted.......................$ 1,179,109
Total Positions Budgeted 32
6. Administrative Services Budget:
Personal Services..........................$ 4,605,748
Regular Operating Expenses............... $ 219,669
Travel.....................................$ 218,441
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 178,466
Equipment Purchases...................... $ 6,250
Computer Charges......................... $ 1,148,350
Real Estate Rentals........................$ 261,670
Telecommunications....................... $ 113,630
GEORGIA LAWS 1983 SESSION
193
Per Diem, Fees and Contracts............ $ 591,845
Utilities.................................$ 6,895
Total Funds Budgeted......................$ 7,350,964
Indirect DOAS Services Funding.......... $ 289,000
State Funds Budgeted.................... $ 4,498,931
Total Positions Budgeted 191
7. Certification of Public
School Personnel Budget:
Personal Services......................... $ 540,305
Regular Operating Expenses................$ 27,200
Travel................................ $ 500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.........................5,000
Equipment Purchases.................... .$ 7,500
Computer Charges...................... $ -0-
Real Estate Rentals.................. .$ -0-
Telecommunications........................$ 17,820
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 598,325
State Funds Budgeted......................$ 569,188
Total Positions Budgeted 31
8. Planning and Development Budget:
Personal Services....................... $ 2,160,176
Regular Operating Expenses................$ 84,645
Travel...................................$ 81,483
Motor Vehicle Equipment Purchases.-0-
Publications and Printing.................$ 72,090
Equipment Purchases.......................$ 2,350
Real Estate Rentals..................... $ 140,230
Telecommunications...................... $ 61,558
Per Diem, Fees and Contracts..............$ 1,070,691
Total Funds Budgeted......................$ 3,673,223
State Funds Budgeted......................$ 2,948,875
Total Positions Budgeted 68
9. Professional Standards
Commission Budget:
Personal Services....................... $ 57,065
Regular Operating Expenses................$ 6,500
Travel....................................$ 1,800
Publications and Printing.................$ 5,000
Equipment Purchases.......................$ -0-
194
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals......................$ 4,700
Telecommunications.......................$ 2,792
Per Diem, Fees and Contracts.............$ 58,803
Total Funds Budgeted.....................$ 136,660
State Funds Budgeted.....................$ 116,660
Total Positions Budgeted 2
10. Vocational Advisory
Council Budget:
Personal Services........................$ 83,918
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.....................$ 153,508
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 3
11. Professional Practices
Commission Budget:
Personal Services........................$ 222,620
Regular Operating Expenses...............$ 8,585
Travel...................................$ 11,846
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 600
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 20,150
Telecommunications.......................$ 5,930
Per Diem, Fees and Contracts.............$ 29,200
Total Funds Budgeted.....................$ 298,931
State Funds Budgeted.....................$ 298,931
Total Positions Budgeted 7
12. Local Programs Budget:
APEG Grants:
GEORGIA LAWS 1983 SESSION
195
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2)) (Code
Section 20-2-157(a))...................$ 567,789,630
Salaries of Instructional
Personnel (Sec. 5) (Code
Section 20-2-152)......................$ 98,419,476
Salaries of Instructional
Personnel............................ $ 22,509,945
Salaries of Student
Supportive Personnel...................$ 25,012,012
Salaries of Administrative
and Supervisory
Personnel..............................$ 66,613,617
Special Education
Leadership Personnel...................$ 3,160,500
Instructional Media......................$ 19,834,916
Instructional Equipment..................$ 686,791
Maintenance and Operation................$ 92,543,284
Sick and Personal Leave..................$ 5,509,694
Travel................................. $ 1,007,283
Pupil Transportation................... $ 83,006,764
Isolated Schools.........................$ 527,073
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 89,060,791
Teacher Retirement.......................$ 101,717,505
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..............................$ 15,114,738
Compensatory Education...................$ 15,850,399
School Lunch (Federal)................. $ 101,184,050
School Lunch (State).....................$ 14,505,580
Supplementary Education
Centers and Services...................$ 19,256
Staff Development........................$ 753,500
196
GENERAL ACTS AND RESOLUTIONS, VOL. I
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification.....................$ 3,474,755
Special Project Grants....................$ -0-
Cooperative Educational
Service Agencies.......................$ 3,719,736
Superintendents Salaries.................$ 4,850,714
High School Program.......................$ 26,029,314
Area Vocational-Technical
Schools............................. $ 55,963,896
Career Education.................. ......$ 163,381
Junior College Vocational
Program.................................$ 2,351,702
Quick Start Program..................... $ 2,800,000
Comprehensive Employment
and Training............................$ 3,595,000
Vocational Research and
Curriculum.............................$ 374,707
Adult Education..........................$ 3,614,899
Salaries and Travel of
Public Librarians......................$ 4,243,255
Public Library Materials.................$ 3,515,912
Talking Book Centers.....................$ 666,258
Public Library Maintenance
and Operation.................'.........$ 2,671,286
Public Library Construction..............$ 400,000
Instructional Aides......................$ 8,907,836
Teacher Health Insurance.......U.........$ 33,701,580
Capital Outlay.........*.......109,500
Grants to Local School
Systems for Educational
Purposes...............................$ 75,000,000
Indo-Chinese Refugee...............^.j.....$ -0-
Salaries of Extended
Pre-School Personnel...................$ 10,663,648
Chapter II - Block Grant
Flow Through...........................$ 8,877,696
Nutrition Education......................$ 36,000
Total Funds Budgeted.......................$1,603,236,499
State Funds Budgeted.........!.............$1,354,288,459
Total Positions Budgeted 0
GEORGIA LAWS 1983 SESSION
197
Budget Unit Object Classes:
Personal Services..........................$ 17,152,053
Regular Operating Expenses.................$ 1,817,752
Travel................................. $ 816,031
Motor Vehicle Equipment
Purchases........................... $ -0-
Publications and Printing..................$ 574,435
Equipment Purchases........................$ 105,096
Computer Charges...........................$ 1,148,350
Real Estate Rentals........................$ 929,493
Telecommunications.........................$ 490,712
Per Diem, Fees and Contracts...............$ 4,616,537
Utilities...................*..............$ 33,725
APEG Grants:
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2)) (Code
Section 20-2-157(a))...................$ 567,789,630
Salaries of Instructional
Personnel (Sec. 5) (Code
Section 20-2-152)......................$ 98,419,476
Salaries of Instructional
Personnel.......................... $ 22,509,945
Salaries of Student
Supportive Personnel...................$ 25,012,012
Salaries of Administrative
and Supervisory
Personnel..............................$ 66,613,617
Special Education
Leadership Personnel...................$ 3,160,500
Instructional Media......................$ 19,834,916
Instructional Equipment..................$ 686,791
Maintenance and Operation................$ 92,543,284
Sick and Personal Leave..................$ 5,509,694
Travel...................................$ 1,007,283
Pupil Transportation -
Regular.............................. $ 83,006,764
Isolated Schools..........,..............$ 527,073
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 89,060,791
Teacher Retirement.......................$ 101,717,505
198
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..............................$ 15,114,738
Compensatory Education...................$ 15,850,399
School Lunch (Fed.)......................$ 101,184,050
School Lunch (State)................... $ 14,505,580
Supplementary Education
Centers and Services...................$ 19,256
Staff Development...................... $ 753,500
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification................ $ 3,474,755
Cooperative Educational
Service Areas........................ $ 3,719,736
Superintendents Salaries............... $ 4,850,714
High School Program......................$ 26,029,314
Area School Program......................$ 55,963,896
Junior College Program...................$ 2,351,702
Quick Start............................ $ 2,800,000
Career Education....................... $ 163,381
Comprehensive Employment
and Training......................... $ 3,595,000
Vocational Research and
Curriculum.............................$ 374,707
Adult Education..........................$ 3,614,899
Salaries and Travel of
Public Librarians......................$ 4,243,255
Public Library Materials.................$ 3,515,912
Talking Book Centers.....................$ 666,258
Public Library M & O....;............ $ 2,671,286
Public Library Construction..............$ 400,000
Instructional Aides......................$ 8,907,836
Teacher Health Insurance.................$ 33,701,580
Capital Outlay...........................$ 109,500
GEORGIA LAWS 1983 SESSION
199
Grants to Local School
Systems for Educational
Purposes.............................. $ 75,000,000
Indo-Chinese Refugee............. .......$ -0-
Salaries of Extended
Pre-School Personnel....................$ 10,663,648
Area Vo-Tech School
Construction.......................... $ -0-
Nutrition Education.......................$ 36,000
Chapter II - Block Grant
Flow Through..............................$ 8,877,696
Total Positions Budgeted 647
Authorized Motor Vehicles 6
B. Budget Unit: Institutions.....................$ 14,692,108
1. Georgia Academy for the Blind
Budget:
Personal Services............................$ 2,436,237
Regular Operating Expenses...................$ 255,898
Travel................................. $ 3,200
Motor Vehicle Equipment Purchases............$ 22,857
Publications and Printing.................. $ 2,845
Equipment Purchases........................$ 2,520
Telecommunications......................... $ 16,700
Per Diem, Fees and Contracts............... $ 9,000
Utilities...................................... 163,165
Capital Outlay.................iJi.............$ 14,775
Total Funds Budgeted................... ....$ 2,927,197
State Funds Budgeted.........................$ 2,651,534
Total Positions Budgeted 149
2. Georgia School for the Deaf
Budget:
Personal Services............................$ 4,334,472
Regular Operating Expenses...................$ 537,319
Travel................................. $ 5,300
Motor Vehicle Equipment Purchases............$ 5,958
Publications and Printing................ ..$ -0-
Equipment Purchases..........................$ 17,349
Telecommunications........-.. .................$ 21,285
Per Diem, Fees and Contracts.................$ 12,650
Utilities...........................*.......$ 306,000
Capital Outlay............*.................$ 4,000
Total Funds Budgeted.*...................... $ 5,244,333
200
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted........................$ 4,868,390
Total Positions Budgeted 249
3. Atlanta Area School for the Deaf
Budget:
Personal Services....................... $ 1,809,880
Regular Operating Expenses..................$ 181,825
Travel................................ $ 5,843
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing................. $ 1,081
Equipment Purchases.........................$ 36,900
Telecommunications........................ $ 22,626
Per Diem, Fees and Contracts................$ 56,351
Utilities...................... .........$ 110,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 2,224,506
State Funds Budgeted........................$ 1,961,926
Total Positions Budgeted 93
4. North Georgia Vocational-Technical
School Budget:
Personal Services....................... $ 2,390,072
Regular Operating Expenses..................$ 662,491
Travel................................... $ 17,402
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 4,000
Equipment Purchases.........................$ 244,685
Telecommunications..........................$ 15,265
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 274,480
Capital Outlay............................ $ 103,214
Total Funds Budgeted........................$ 3,711,609
State Funds Budgeted........................$ 2,799,523
Total Positions Budgeted 104
5. South Georgia Vocational-Technical
School Budget:
Personal Services...........................$ 1,911,919
Regular Operating Expenses..................$ 507,377
Travel......................................$ 12,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 1,500
Equipment Purchases....................... $ 228,430
Telecommunications..........................$ 17,290
GEORGIA LAWS 1983 SESSION
201
Per Diem, Fees and Contracts..................$ 11,750
Utilities.................................... $ 260,000
Capital Outlay................................$ 55,000
Total Funds Budgeted..........................$ 3,005,266
State Funds Budgeted........................ $ 2,410,735
Total Positions Budgeted 90
Budget Unit Object Classes:
Personal Services.............................$ 12,882,580
Regular Operating Expenses....................$ 2,144,910
Travel........................................$ 43,745
Motor Vehicle Equipment
Purchases...................................$ 28,815
Publications and Printing.....................$ 9,426
Equipment Purchases...........................$ 529,884
Telecommunications............................$ 93,166
Per Diem, Fees and Contracts..................$ 89,751
Utilities............i.......................$ 1,113,645
Capital Outlay................................$ 176,989
Total Positions Budgeted 685
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 bear 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-
202
GENERAL ACTS AND RESOLUTIONS, VOL. I
ren, the ratio shall be one teacher and one aide for
24 students or major fraction thereof in average
daily membership.
Provided, that of the above appropriation rela-
tive to Kindergarten Transportation, funds shall
initially be allotted to local school systems on the
basis of 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 permit exten-
sion of the half-day kindergarten program to a full-
day program, local systems may elect to use mid-
day transportation allotments to employ aides or
certificated instructional personnel on a reimburs-
able basis to the extent that the $11,491 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
GEORGIA LAWS 1983 SESSION
203
until the allotted teaching unit prior to such unit
being filled.
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.
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
$753,500 for Staff Development, $30,000 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
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
204
GENERAL ACTS AND RESOLUTIONS, VOL. I
prior approval of the Office of Planning and
Budget.
Provided, that of the above appropriation rela-
tive to Compensatory Education, $12,265,399 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 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..................... $ 566,512
Regular Operating Expenses...............$ 14,121
Travel...................................$ 8,400
Motor Vehicle Equipment Purchases........$ -0-
GEORGIA LAWS 1983 SESSION
205
Publications and Printing................$ 17,600
Equipment Purchases.................... $ 4,500
Computer Charges.........................$ 166,377
Real Estate Rentals.................... $ 55,535
Telecommunications.......................$ 11,633
Per Diem, Fees and Contracts.............$ 390,725
Postage..................-...*..........$ 46,360
Employer Contribution....................$ -0-
Total Funds Budgeted................. ..$ 1,281,763
State Funds Budgeted................... $ -0-
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services...................... $ 566,512
Regular Operating Expenses............. $ 14,121
Travel...........................9.......$ 8,400
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing...........1.......$ 17,600
Equipment Purchases................ ....$ 4,500
Computer Charges.........................$ 166,377
Real Estate Rentals......................$ 55,535
Telecommunications..................... $ 11,633
Per Diem, Fees and Contracts.............$ 390,725
Postage........................... .....$ 46,360
Employer Contribution....................$ -0-
Total Positions Budgeted 28
Authorized Motor Vehicles 1
Section 21. Forestry Commission.
Budget Unit: Forestry Commission..............$ 20,823,075
1. Reforestation Budget:
Personal Services...................... $ 928,270
Regular Operating Expenses...............$ 774,345
Travel.......................... ..,$ 5,047
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.....................$ 1,759,947
206
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 425,107
Total Positions Budgeted 34
2. Field Services Budget:
Personal Services..........................$ 15,330,801
Regular Operating Expenses.................$ 3,717,125
Travel.....................................$ 87,359
Motor Vehicle Equipment
Purchases............................. $ 618,275
Publications and Printing..................$ 23,300
Equipment Purchases........................$ 913,830
Computer Charges...........................$ -0-
Real Estate Rentals..............................10,130
Telecommunications.........................$ 450,000
Per Diem, Fees and Contracts...............$ 26,121
Ware County Grant..........................$ 60,000
Capital Outlay.............................$ 46,468
Total Funds Budgeted.......................$ 21,283,409
State Funds Budgeted.......................$ 18,677,409
Total Positions Budgeted 794
3. General Administration and
Support Budget:
Personal Services....................,.....$ 673,583
Regular Operating Expenses.................$ 98,170
Travel .............................. ..$ 15,589
Motor Vehicle Equipment Purchases..........$ 12,815
Publications and Printing..................$ 43,500
Equipment Purchases........................$ 2,550
Computer Charges...........................$ 198,867
Real Estate Rentals...................... $ -0-
Telecommunications..............g.........$ 18,200
Per Diem, Fees and Contracts...............$ 5,685
Contractual Research..................... $ 252,000
Total Funds Budgeted.......................$ 1,320,959
State Funds Budgeted..................... $ 1,320,559
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
GEORGIA LAWS 1983 SESSION
207
Budget Unit Object Classes:
Personal Services..............................$ 16,932,654
Regular Operating Expenses.....................$ 4,589,640
Travel........................................ $ 107,995
Motor Vehicle Equipment
Purchases.......................1...........$ 643,665
Publications and Printing.....................$ 69,125
Equipment Purchases.......................... $ 926,980
Computer Charges............................. $ 198,867
Real Estate Rentals............................$ 10,130
Telecommunications..................... ,...$ 478,425
Per Diem, Fees and Contracts...................$ 48,366
Contractual Research...........................$ 252,000
Ware County Grant...,...,......................$ 60,000
Wood Energy Program ......................... $ 400,000
Capital Outlay............................... $ 46,468
Total Positions Budgeted 857
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......................$ 16,072,421
1. General Administration Budget:
Personal Services........................ $ 510,772
Regular Operating Expenses.................$ 76,919
Travel................................... $ 6,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing..................$ 3,400
Equipment Purchases....................... $ 1,560
Computer Charges......................... $ 6,921
Real Estate Rentals........................$ 31,000
Telecommunications................... $ 21,370
Per Diem, Fees and Contracts...............$ 2,900
Postage........................... ...$ 5,500
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 666,842
208
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 666,842
Total Positions Budgeted 21
2. Investigative Division Budget:
Personal Services...................... $ 7,081,638
Regular Operating Expenses.................$ 995,298
Travel..............,......................$ 374,800
Motor Vehicle Equipment Purchases..........$ 514,153
Publications and Printing................ $ 12,100
Equipment Purchases........................$ 60,612
Computer Charges......................... $ -0-
Real Estate Rentals................. .....$ 119,455
Telecommunications....................... $ 221,812
Per Diem, Fees and Contracts...............$ 3,000
Evidence Purchased....................... $ 200,000
Postage....................................$ 6,300
Capital Outlay........................... $ -0-
Total Funds Budgeted.......................$ 9,589,168
Indirect DOAS Services Funding.............$ 12,505
State Funds Budgeted.......................$ 9,576,663
Total Positions Budgeted 241
3. Forensic Sciences Division Budget:
Personal Services..........................$ 2,367,112
Regular Operating Expenses............... $ 396,240
Travel.........................:....:'....$ 23,200
Motor Vehicle Equipment Purchases..........$ 30,000
Publications and Printing..................$ 5,600
Equipment Purchases.................... $ 76,400
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.......................$ 3,050,879
State Funds Budgeted..................... $ 3,050,879
Total Positions Budgeted 89
4. Georgia Crime Information
Center Budget:
Personal Services........................ $ 1,811,733
Regular Operating Expenses.................$ 100,000
Travel.....................................$ 8,800
GEORGIA LAWS 1983 SESSION
209
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 50,000
Equipment Purchases.......................$ 21,000
Computer Charges..........................$ 1,718,399
Real Estate Rentals...................... $ 3,600
Telecommunications........................$ 392,000
Per Diem, Fees and Contracts...............$ 40,000
Postage.................................. $ 20,000
Total Funds Budgeted.......................$ 4,165,532
Indirect DOAS Services Funding.............$ 1,387,495
State Funds Budgeted....................2,778,037
Total Positions Budgeted 97
Budget Unit Object Classes:
Personal Services..........................$ 11,771,255
Regular Operating Expenses.................$ 1,568,457
Travel...........................|........$ 413,300
Motor Vehicle Equipment
Purchases...................;..........$ 544,153
Publications and Printing..................$ 71,100
Equipment Purchases........................$ 159,572
Computer Charges...........................$ 1,768,361
Real Estate Rentals...................... $ 166,741
Telecommunications....................... $ 712,482
Per Diem, Fees and Contracts...............$ 46,200
Evidence Purchased.........................$ 200,000
Postage............................ .....$ 50,800
Capital Outlay........................... $ -0-
Total Positions Budgeted 448
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.
210
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.........................$ 891,368
Regular Operating Expenses................$ 32,500
Travel....................................$ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases................... $ 9,983
Computer Charges..........................$ 17,135
Real Estate Rentals.......................$ 52,075
Telecommunications...................... $ 12,100
Per Diem, Fees and Contracts..............$ 110,000
Total Funds Budgeted......................$ 1,135,161
Total Expenditures Authorized.............$ 1,135,161
State Funds Budgeted......................$ -0-
Total Positions Budgeted 29
Budget Unit Object Classes:
Personal Services.........................$ 891,368
Regular Operating Expenses................$ 32,500
Travel....................................$ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ 9,983
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............$ 4,201,541
1. Governors Office Budget:
Cost of Operations........................$ 1,650,237
Transition Allowance......................$ 50,000
GEORGIA LAWS 1983 SESSION
211
Mansion Allowance......................... $ 40,000
Governors Emergency Fund...................$ 2,000,000
Intern Stipends and Travel................ $ 118,500
Total Funds Budgeted........................$ 3,858,737
State Funds Budgeted........................$ 3,858,737
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..........;............$ 354,426
Regular Operating Expenses...............$ 8,499
Travel...................................$ 10,500
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 1,075
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 20,132
Telecommunications.......................$ 8,172
Per Diem, Fees and Contracts.............$ 10,000
Total Funds Budgeted.....................$ 412,804
State Funds Budgeted.....................$ 342,804
Total Positions Budgeted 15
212
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Cost of Operations....................... $ 1,650,237
Transition Allowance.........I...........$ 50,000
Mansion Allowance........................ $ 40,000
Governors Emergency Fund............... $ 2,000,000
Intern Stipends and Travel................$ 118,500
Personal Services.........................$ 354,426
Regular Operating Expenses................$ 8,499
Travel..........................................10,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing................$ 1,075
Equipment Purchases......................$ -0-
Computer Charges.................... ,$ -0-
Real Estate Rentals............. ........$ 20,132
Telecommunications........................$ 8,172
Per Diem, Fees and Contracts..............$ 10,000
Total Positions Budgeted 15
Authorized Motor Vehicles 1
B. Budget Unit: Office of Planning
and Budget....................... $ 6,624,105
1. General Administration and
Support Budget:
Personal Services.........................$ 480,382
Regular Operating Expenses................$ 91,800
Travel.............................. $ 6,800
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.............. $ 33,000
Equipment Purchases.......................$ -0-
Computer Charges...................................-0-
Real Estate Rentals.......................$ 172,476
Telecommunications...................... $ 10,000
Per Diem, Fees and Contracts..............$ 68,000
Total Funds Budgeted......................$ 862,458
State Funds Budgeted......................$ 849,121
Total Positions Budgeted 13
2. Council of the Arts Budget:
Personal Services.........................$ 155,443
Regular Operating Expenses................$ 8,342
Travel....................................$ 3,060
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,500
Equipment Purchases.......................$ -0-
GEORGIA LAWS 1983 SESSION 213
Computer Charges....................... $ -0-
Real Estate Rentals......................$ 19,745
Telecommunications..................... $ 5,825
Per Diem, Fees and Contracts.............$ 6,500
Art Grants - State Funds.................$ 1,342,806
Art Grants - Federal Funds...............$ 281,525
Art Grants - Donations.......,...........$ 20,000
Total Funds Budgeted.....................$ 1,847,746
State Funds Budgeted.....................$ 1,546,221
Total Positions Budgeted 8
3. Educational Development Budget:
Personal Services.................... $ 295,320
Regular Operating Expenses...............$ 1,300
Travel................................. $ 5,500
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ -0-
Equipment Purchases.........................;.$ 327
Computer Charges..................... $ 4,000
Real Estate Rentals............... ...$ -0-
Telecommunications.............. .......$ 3,500
Per Diem, Fees and Contracts.............$ 8,000
Total Funds Budgeted.....................$ 317,947
State Funds Budgeted.....................$ 309,771
Total Positions Budgeted 8
4. Intergovernmental Relations Budget:
Personal Services....................:...$ 206,243
Regular Operating Expenses...............$ 2,597
Travel............................ ...$ 27,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing............ $ -0-
Equipment Purchases................ ....$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals.................. $ -0-
Telecommunications................... $ 9,000
Per Diem, Fees and Contracts...........;.$ 1,000
Total Funds Budgeted.....................$ 245,840
State Funds Budgeted.....................$ 245,840
Total Positions Budgeted 6
5. Management Review Budget:
Personal Services........................$ 596,855
Regular Operating Expenses...............$ 750
214
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel............................................5,500
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 1,200
Equipment Purchases.........................$ -0-
Computer Charges......................^di.$ 40,000
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 8,000
Per Diem, Fees and Contracts...........-....$ -0-
Total Funds Budgeted........................$ 652,305
State Funds Budgeted........................$ 635,749
Total Positions Budgeted 20
6. Human Development Budget:
Personal Services......................... $ 362,212
Regular Operating Expenses..................$ 1,300
Travel ............................ .,...$ 4,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ -0-
Computer Charges....................... ,..$ -0-
Real Estate Rentals.................................-0-
Telecommunications................................4,400
Per Diem, Fees and Contracts...;............$ -0-
Total Funds Budgeted...................|..$ 371,912
State Funds Budgeted........................$ 361,845
Total Positions Budgeted 11
7. Office of Consumer Affairs:
Personal Services....................... $ 957,510
Regular Operating Expenses..................$ 32,500
Travel.................................. $ 11,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 6,000
Equipment Purchases.........................$ 1,600
Computer Charges............................$ 6,426
Real Estate Rentals....................... $ 56,062
Telecommunications........................ $ 88,000
Per Diem, Fees and Contracts.....;..........$ 4,000
Total Funds Budgeted........................$ 1,163,098
State Funds Budgeted........................$ 821,198
Total Positions Budgeted 42
GEORGIA LAWS 1983 SESSION
215
8. State Energy Office Budget:
Personal Services........................$ 229,162
Regular Operating Expenses................$ 18,500
Travel....................................$ 27,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 64,500
Equipment Purchases...................... $ -0-
Computer Charges..........................$ 4,000
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 18,000
Per Diem, Fees and Contracts..............$ 3,627,068
Total Funds Budgeted..................... $ 3,988,730
State Funds Budgeted..................... $ 160,253
Total Positions Budgeted 9
9. Governors Committee on
Post-Secondary Education Budget:
Personal Services........................ $ 119,900
Regular Operating Expenses................$ 10,675
Travel................................... $ 2,150
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............. ..$ 8,700
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 5,200
Real Estate Rentals...................... $ 6,854
Telecommunications........................$ 1,795
Per Diem, Fees and Contracts.,............$ 4,050
Total Funds Budgeted......................$ 159,324
State Funds Budgeted......................$ 159,324
Total Positions Budgeted 4
10. Facilities Management Budget:
Personal Services.........................$ 107,053
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......................$ 252,285
216
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted............................$ 249,321
Total Positions Budgeted 3
11. Physical and Economic
Development Budget:
Personal Services............................. $ 325,912
Regular Operating Expenses......................$ 2,500
Travel.........................I............$ 8,000
Motor Vehicle Equipment Purchases...;;......$ -0-
Publications and Printing.......................$ -0-
Equipment Purchases........................... $ 130
Computer Charges.............................. $ -0-
Real Estate Rentals....................... $ -0-
Telecommunications.................... ........$ 8,000
Per Diem, Fees and Contracts....................$ 3,000
Total Funds Budgeted.......................... $ 347,542
State Funds Budgeted............................$ 347,542
Total Positions Budgeted 11
12. General Government and Protection
of Persons and Property Budget:
Personal Services..................................365,583
Regular Operating Expenses......................$ 1,850
Travel...................................... $ 5,800
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...,................. $ -0-
Equipment Purchases.......;...................l.$ -0-
Computer Charges............................ $ -0-
Real Estate Rentals.............................$ -0-
Telecommunications.................|........$ 5,000
Per Diem, Fees and Contracts....................$ -0-
Total Funds Budgeted............................$ 378,233
State Funds Budgeted.......................... $ 378,233
Total Positions Budgeted 11
13. Consumers Utility Counsel Budget:
Personal Services........................ .....$ 278,867
Regular Operating Expenses......................$ 11,000
Travel...................................... $ 3,000
Motor Vehicle Equipment Purchases...............$ -0-
Publications and Printing.......................$ 700
Equipment Purchases.............................$ -0-
Computer Charges.............................. $ -0-
Real Estate Rentals.............................$ 15,397
GEORGIA LAWS 1983 SESSION
217
Telecommunications.......................$ 5,900
Per Diem, Fees and Contracts..............$ 30,000
Total Funds Budgeted......................$ 344,864
State Funds Budgeted......................$ 344,864
Total Positions Budgeted 10
14. Criminal Justice Coordinating
Council Budget:
Personal Services.........................$ 167,104
Regular Operating Expenses................$ 8,900
Travel....................................$ 8,575
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing....1...........$ 4,500
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 6,875
Telecommunications........................$ 4,050
Per Diem, Fees and Contracts..............$ 14,819
Total Funds Budgeted......................$ 214,823
State Funds Budgeted......................$ 214,823
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services.........................$ 4,647,546
Regular Operating Expenses................$ 192,314
Travel....................................$ 123,485
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 125,100
Equipment Purchases.......................$ 2,057
Computer Charges..........................$ 158,958
Real Estate Rentals.......................$ 277,409
Telecommunications...................... $ 174,470
Per Diem, Fees and Contracts..............$ 3,801,437
Art Grants - State Funds..................$ 1,342,806
Art Grants - Federal Funds................$ 281,525
Art Grants - Donations....................$ 20,000
Total Positions Budgeted 161
Authorized Motor Vehicles 0
Provided, however, that of the above appropri-
ation relative to Art Grants - State Funds, not less
than 95% of the State-Funded Art Grants is desig-
nated and committed for Grants to Counties,
218
GENERAL ACTS AND RESOLUTIONS, VOL. I
Cities and Non-Profit Organizations in the State of
Georgia.
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities......................$ 6,800,000
1. Grants to Counties......,.....................$ 2,600,000
Total Funds Budgeted.........................$ 2,600,000
State Funds Budgeted.........................$ 2,600,000
2. Grants to Municipalities......................$ 4,200,000
Total Funds Budgeted.........................$ 4,200,000
State Funds Budgeted.........................$ 4,200,000
Budget Unit Object Classes:
Grants to Counties...........................$ 2,600,000
Grants to Municipalities.....................$ 4,200,000
Provided, that the above sums shall be 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....................... $ 229,939,117
1. General Administration and
Support Budget:
Personal Services....................... .$ 14,778,693
Regular Operating Expenses................$ 2,615,081
Travel....................................$ 539,793
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 122,032
Equipment Purchases.......................$ 92,466
Computer Charges..........................$ 1,149,053
Real Estate Rentals.......................$ 2,782,726
Telecommunications........................$ 540,440
Per Diem, Fees and Contracts..............$ 944,519
GEORGIA LAWS 1983 SESSION
219
Utilities..............g.....................$ 153,200
Postage.......................................$ 536,700
Capital Outlay.............................. $ -0-
Total Funds Budgeted..........................$ 24,254,703
Indirect DOAS Services Funding................$ 638,212
Indirect GBA Funding........................ $ -0-
Agency Funds..................................$ 11,777,024
Social Services
Block Grant Funds...........................$ 1,159,395
State Funds Budgeted..........................$ 10,680,072
Total Positions Budgeted 680
Authorized Motor Vehicles 7
General Administration and Support Functional
Budgets
Commissioners Office
Child Care Licensing
Laboratory
Improvement
Total Funds State Funds Pos.
$ 523,208 $ 523,208 13
$ 1,280,889 $ 1,280,889 55
$
Child Support Recovery $
Contract Management $
Public Affairs $
Office of Administrative
Appeals
Health Care Facilities
Regulations
Radiological Health
Administrative Policy,
Coordination
and Direction
$
$
$
520,213 $
7,244,277 $
184,682 $
357,088 $
766,150 $
1,671,607 $
431,741 $
428,713
626,259
184,682
357,088
577,607
431,741
19
306
7
12
766,150 27
60
16
$ 2,493,745 $ 2,493,745
220
GENERAL ACTS AND RESOLUTIONS, VOL. I
Personnel
Administrative Support
Services
Office of Review
and Investigation
Systems Planning,
Development and
Training
Compliance Monitoring $
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 $
$ 1,049,555 $ 986,555 45
$ 1,895,829 $ 1,667,474 52
$ 1,393,164 $ 325,234 44
278,750 $ 278,750 9
221,764 $ 221,764 7
385,116 $ 91,000 0
2,983,490 $ 2,305,920 8
267,831 $ 267,831 8
44,814 $ 44,814 1
14,800 $
291,016 $
1,500 0
-0-
97,410 $ 97,410
266,396 $ 266,396 8
-0- $ (2,904,203) 0
(408,832) $ (640,455) (33)
24,254,703 $ 10,680,072 680
GEORGIA LAWS 1983 SESSION
221
2. Financial Management Budget:
Personal Services........................ $ 5,448,562
Regular Operating Expenses.................$ 141,384
Travel............................... $ 181,750
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 23,775
Equipment Purchases...................... $ -0-
Computer Charges...........................$ 101,400
Real Estate Rentals...................... $ 3,800
Telecommunications....................... $ 1,000
Per Diem, Fees and Contracts...............$ 11,620
Utilities............................... $ -0-
Postage................................... $ 100
Institutional Repairs
and Maintenance...................... $ 359,000
Total Funds Budgeted.......................$ 6,272,391
Social Services Block Grant Funds..........$ 496,405
Agency Funds........................... $ 1,874,870
State Funds Budgeted.......................$ 3,901,116
Total Positions Budgeted 240
Authorized Motor Vehicles 0
Financial Management Functional Budgets
Budget Administration $
Accounting Services $
Auditing Services $
Indirect Cost $
Undistributed $
Total $
State Funds Pos.
1,622,575 40
3,250,081 160
1,806,169 61
(2,371,275) 0
(406,434) (21)
6,272,391 $ 3,901,116 240
Total Funds
1,622,575 $
3,250,081 $
1,806,169 $
-0- $
(406,434) $
3. Special Programs:
Personal Services...........................$ 2,655,625
Regular Operating Expenses...................$ 13,778,315
Travel.......................................$ 125,227
222
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases.................I..............$ -0-
Publications and Printing...................$ 86,696
Equipment Purchases.........................$ 7,296
Computer Charges............................$ 266,082
Real Estate Rentals.........................$ 57,600
Telecommunications..........................$ 75,250
Per Diem, Fees and Contracts................$ 34,007,605
Menninger Group Homes.......................$ 275,000
Contract - Georgia
Advocacy Office, Inc......,......1.......$ 204,250
Utilities..................................$ -0-
Postage................................... $ 37,000
Benefits for Child Care.....................$ 640,000
Total Funds Budgeted........................$ 52,215,946
Social Services
Block Grant Funds.........................$ 15,873,000
Indirect DOAS Services Funding..............$ 44,143
Agency Funds.............................. $ 30,422,652
State Funds Budgeted.......................$ 5,876,151
Total Positions Budgeted 122
Authorized Motor Vehicles 111
Special Programs Functional Budgets
State Economic
Opportunity Office $
Human Development,
Directors Office $
Child Development
Administration $
Child Development
Contracts - Foster
Care $
Special Projects $
rotal Funds State Funds Pos.
249,350 $ 123,675 8
690,084 $ 690,084 24
997,993 $ 271,693 35
290,736 $ 14,336 0
597,900 $ 597,900 0
GEORGIA LAWS 1983 SESSION
223
Child Development
Contracts - Day Care $ 19,435,297 $ 2,595,797 0
Child Development
Contracts - Home
Management $ 158,281 $ 20,733 0
Child Development
Contracts - Outreach $ 758,510 $ 109,558 0
Information and
Referral $ 325,340 $ 325,340 0
Troubled Children
Benefits $ 915,000 $ 915,000 0
Council on Aging $ 45,102 $ 45,102 1
Energy Assistance $ 17,320,000 $ -0- 6
Social Services
Grant Administration $ 1,082,489 $ 423,446 36
Community Services $ 9,712,000 $ -0- 15
Undistributed $ (362,136) $ (256,513) (3)
Total $ 52,215,946 $ 5,876,151 122
4. Public Health - Program
Direction and Support Budget:
Personal Services.................,......$ 2,431,493
Regular Operating Expenses.........120,490
Travel...................................$ 49,200
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 50,800
Equipment Purchases.................... $ 454
Computer Charges....................... $ 357,368
Real Estate Rentals.................... $ -0-
Telecommunications................ ...$ 193,200
Per Diem, Fees and Contracts.............$ 119,025
Utilities........................ ....$ -0-
Postage........................ .i....$ 1,450 ,
Total Funds Budgeted.................3,323,480
Indirect DO AS Services Funding..........$ 539,568
224
GENERAL ACTS AND RESOLUTIONS, VOL. I
Agency Funds................................$ 135,000
State Funds Budgeted........................$ 2,648,912
Total Positions Budgeted 112
Authorized Motor Vehicles 0
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.
$ 580,494 $ 401,494 8
$
$
$
$
$
$
$
257,310 $
215,263 $
631,544 $
981,123 $
675,557 $
(17,811) $
3,323,480 $
222,310 9
212,063 7
546,544 26
966,123 53
318,189 14
(17,811) (5)
2,648,912 112
5. Public Health - Family
Health Budget:
Personal Services...........................$ 5,636,417
Regular Operating Expenses................$ 1,966,634
Travel................9...................$ 221,400
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 125,199
Equipment Purchases.......................$ 6,780
Computer Charges..........................$ 122,703
Real Estate Rentals.......................$ 3,500
Telecommunications........................$ 40,500
Per Diem, Fees and Contracts..............$ 6,441,182
Utilities............................... $ -0-
Postage...................................$ 16,850
GEORGIA LAWS 1983 SESSION
225
Regional Grants for Prenatal and
Postnatal Care Programs.....................$ 3,879,000
Crippled Children Benefits....................$ 3,163,500
Kidney Disease Benefits.......................$ 577,500
Cancer Control Benefits.......................$ 1,985,000
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...........V.......$ 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..........................$ 24,928,695
Indirect DOAS Services Funding................$ 11,350
Agency Funds................................ $ 11,003,161
State Funds Budgeted..........................$ 13,914,184
Total Positions Budgeted 215
Authorized Motor Vehicles 4
Public Health - Family Health Functional Budgets
Total Funds State Funds Pos.
Family Health
Management
Cancer Control
Crippled Children
Immunization
Maternal Health
Sexually Transmitted
Diseases
$
$
$
6,215,161 $
2,621,844 $
4,616,492 $
270,153 $
242,303 $
573,302
2,383,844
2,480,740
-0-
-0-
23
6
55
10
6
204,700 $ 204,700
226
GENERAL ACTS AND RESOLUTIONS, VOL. I
Infant and Child Health $
Diabetes $
Chronic Disease $
Coordination,
Education, Prevention $
Malnutrition $
Stroke and Heart
Attack Prevention $
Family Planning $
Epidemiology $
Dental Health $
Community
Tuberculosis Control $
Undistributed
Total
$
$
4,587,077 $
225,113 $
1,542,230 $
653,720 $
591,500 $
156,663 $
858,939 $
983,702 $
136,969 $
1,077,229 $
(55,100) $
24,928,695 $
4,473,146
76,011
1,542,230
-0-
-0-
156,663
55,133
825,517
136,969
15
5
22
10
18
6
14
10
4
1,069,029 24
(63,100) (19)
13,914,184 215
6. Public Health - Community
Health Budget:
Personal Services.......................$ 2,996,260
Regular Operating Expenses.................$ 454,300
Travel.....................................$ 40,900
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 43,400
Equipment Purchases........................$ 58,365
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 5,000
Per Diem, Fees and Contracts...............$ 740,047
Utilities..................,..............$ -0-
Postage....................................$ 13,300
Total Funds Budgeted.......................$ 4,351,572
Indirect DOAS Services Funding.............$ 4,000
GEORGIA LAWS 1983 SESSION
227
Agency Funds..........................|.....$ 786,772
State Funds Budgeted........................$ 3,560,800
Total Positions Budgeted 137
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
$
$
775,817 $
3,245,724 $
617,900 $
(287,869) $
4,351,572 $
233,045 6
3,070,724 126
544,900 16
(287,869) (11)
3,560,800 137
7. Public Health - Local
Services Budget:
Personal Services....................... $ 12,914,421
Regular Operating Expenses................$ 23,263,300
Travel................................... $ 479,445
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 30,944
Equipment Purchases.......................$ 14,529
Computer Charges..........................$ 386,635
Real Estate Rentals.......................$ 195,920
Telecommunications........................$ 154,040
Per Diem, Fees and Contracts..............$ 9,933,592
Utilities.................................$ 7,050
Postage...................................$ 32,150
Contract - Macon-Bibb County
Hospital Authority......................$ 2,000,000
Grant to Counties for
Metabolic Disorders
Screening and Treatment.................$ 45,000
Family Planning Benefits..................$ 75,000
Midwifery Program Benefits................$ 175,000
228
GENERAL ACTS AND RESOLUTIONS, VOL. I
Crippled Children Benefits..................$ 1,364,000
Grants to Counties for Teenage
Pregnancy Prevention...........;..........$ 250,000
Benefits for Medically Indigent
High Risk Pregnant Women
and Their Infants.........................$ 3,600,000
Grant-In-Aid to Counties....................$ 30,746,391
Total Funds Budgeted........................$ 85,667,417
Indirect DOAS Services Funding..............$ 129,350
Agency Funds................................$ 42,081,321
State Funds Budgeted...................... $ 43,456,746
Total Positions Budgeted 540
Authorized Motor Vehicles 2
Public Health - Local Services Functional Budgets
Total Funds State Funds Pos.
Minimum Foundation $ 6,798,353 $ 6,537,579 201
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
District Dental
$ 30,279,920 $ 28,234,335 0
$ 1,112,225
$ 5,874,494
579,625 20
2,774,494 181
$ 388,174 $ 388,174 15
$ 1,102,850 $ 85,000 29
4,111,679 $ 4,111,679 19
$ 298,919
$ 1,129,230
298,919 12
919,055 18
GEORGIA LAWS 1983 SESSION
229
Teenage Pregnancy
Prevention
District Crippled
Children
Emergency Health
Primary Health Care
Malnutrition
Undistributed
Total
$ 250,000 $
$ 2,442,330 $
$ 1,331,886 $
$ 5,547,982 $
$ 27,241,886 $
$ (2,242,511) $
$ 85,667,417 $
250,000 0
1,554,540 36
459,386 10
324,852 10
-0- 10
(3,060,892) (21)
43,456,746 540
8. Mental Health - Program
Direction and Support Budget-
Personal Services..........................$ 3,399,602
Regular Operating Expenses.................$ 116,350
Travel.....................................$ 91,800
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 70,800
Equipment Purchases...................... $ 805
Computer Charges.......................... $ 743,045
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 219,000
Per Diem, Fees and Contracts...............$ 126,000
Utilities............................ ;...$ -0-
Postage.................................. $ 600
Total Funds Budgeted.......................$ 4,768,002
Social Services Block Grant Funds..........$ 15,000
Indirect DOAS Services Funding.............$ 1,000,197
Agency Funds............................. $ 574,220
State Funds Budgeted.......................$ 3,178,585
Total Positions Budgeted 112
Mental Health - Program Direction
and Support Functional Budgets
Administration
Total Funds State Funds Pos.
$ 3,093,836 $ 2,109,439 63
230
GENERAL ACTS AND RESOLUTIONS, VOL. I
Special Projects
and Contracts $
Program Coordination $
Undistributed $
Total $
60,550 $ -0-
2,364,745 $ 1,820,275
(751,129) $ (751,129)
4,768,002 $ 3,178,585
2
66
(19)
112
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...................i........$ -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..............|.....$ 15,232,840
Homemaker Meals....................... $ 112,837
Chatham County Homemaker Project...........$ 514,795
Douglas County Homemaker Project............$ 133,362
Fulton County Homemaker Project.............$ 344,832
Total Funds Budgeted...................... $ 17,527,735
Agency Funds.............................. $ 5,831,264
Social Services
Block Grant Funds......v..:............. $ 1,230,600
State Funds Budgeted...................... $ 10,465,871
Total Positions Budgeted 0
GEORGIA LAWS 1983 SESSION
231
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 Supplement $
Non-AFDC Institutional
Foster Care $
Liability Insurance $
Emergency Shelter Care $
Day Care $
Psychiatric,
Psychological and
Speech Therapy $
Return of Runaways -
County $
575,669 $ 57,566
173,400 $ 173,400
440.000 $ 215,000
3,987,620 $ 1,344,645
1,475,840 $ 497,654
53,064 $ 53,064
8,457,573 $ 6,971,573
455,945 $ 455,945
397,950 $ 397,950
15,400 $ 15,400
107,079 $ 107,079
604,300 $ 180,100
130.000 $ 130,000
7,000 $ 7,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
232
GENERAL ACTS AND RESOLUTIONS, VOL. I
Homemaker Projects $ 1,105,826 $ 318,426 0
Undistributed $ (458,931) $ (458,931) 0
Total $ 17,527,735 $ 10,465,871 0
10. Youth Services - Program
Direction and Support:
Personal Services........................ $ 769,876
Regular Operating Expenses.................$ 18,000
Travel.....................................$ 16,400
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.......................$ 831,876
Indirect DOAS Services Funding.............$ -0-
Agency Funds,..............................$ -0-
State Funds Budgeted.......................$ 831,876
Total Positions Budgeted 24
Authorized Motor Vehicles 0
11. Services to the Aged Budget:
Personal Services..........................$ 1,001,309
Regular Operating Expenses.................$ 27,800
Travel.....................................$ 37,000
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ 14,000
Equipment Purchases........................$ 1,896
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 3,100
Telecommunications.........................$ 29,000
Per Diem, Fees and Contracts...............$ 20,883,101
Utilities..................................$ 60
Postage....................................$ 200
Total Funds Budgeted.......................$ 21,997,466
GEORGIA LAWS 1983 SESSION
233
Social Services
Block Grant Funds........................$ 3,368,035
Agency Funds...............................$ 16,904,795
State Funds Budgeted.......................$ 1,724,636
Total Positions Budgeted 35
Authorized Motor Vehicles 224
Services to the Aged Functional Budgets
Total Funds State Funds Pos.
Title XX Adult Services $ 4,083,664 $ 539,062 0
Administration and
Planning $ 2,525,774 $ 384,270 41
Title III Aging Services $ 15,488,333 $ 860,463 0
Undistributed $ (100,305) $ (59,159) (6)
Total $ 21,997,466 $ 1,724,636 35
12. Rehabilitation Services -
Program Direction and
Support Budget:
Personal Services.........................$ 1,396,286
Regular Operating Expenses.................$ 91,694
Travel.....................................$ 39,500
Motor Vehicle Equipment Purchases -0-
Publications and Printing..................$ 28,080
Equipment Purchases........................$ -0-
Computer Charges...........................$ 543,379
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 72,000
Per Diem, Fees and Contracts...............$ 257,641
Utilities..................................$ -0-
Postage....................................$ 2,300
E.S.R.P. Case Services.....................$ 75,000
Grants for Nephrology Centers..............$ 210,000
Total Funds Budgeted.......................$ 2,715,880
Indirect DOAS Services Funding.............$ -0-
Agency Funds...............................$ 1,690,590
234
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 1,025,290
Total Positions Budgeted 46
Rehabilitation Services - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Program Direction and
Support $ 2,198,626 $ 821,836 49
Grants Management $ 684,535 $ 370,735 8
Undistributed $ (167,281) $ (167,281) (11)
Total $ 2,715,880 $ 1,025,290 46
13. Rehabilitation Services -
Facilities Budget:
Personal Services..........................$ 3,360,129
Regular Operating Expenses.................$ 449,536
Travel.....................................$ 14,200
Motor Vehicle Equipment Purchases..........$ 12,000
Publications and Printing..................$ 245
Equipment Purchases........................$ 10,830
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 154,859
Telecommunications.........................$ 43,600
Per Diem, Fees and Contracts...............$ 101,900
Utilities................................. $ 83,600
Postage....................................$ 6,250
Capital Outlay.............................$ -0-
Case Services..............................$ -0-
Total Funds Budgeted.......................$ 4,237,149
Indirect DOAS Services Funding.............$ -0-
Agency Funds...............................$ 3,722,192
State Funds Budgeted.......................$ 514,957
Total Positions Budgeted 156
Authorized Motor Vehicles 19
GEORGIA LAWS 1983 SESSION
235
Rehabilitation Services - Facilities Functional
Budgets
Total Funds State Funds Pos.
Youth Development
Center - V. R. Unit $ 367,108 $ 81,248 15
Atlanta Rehabilitation
Center $ 1,937,749 $ 430,199 75
Alto Rehabilitation
Center $ 322,756 $ 74,193 14
Cave Spring
Rehabilitation Center $ 370,533 $ 83,991 18
Central Rehabilitation
Center $ 665,094 $ 119,328 26
Georgia Vocational
Adjustment Center -
Gracewood $ 358,962 $ 83,362 19
J. F. Kennedy Center $ 505,749 $ 88,429 21
M. S. McDonald
Evaluation Center $ 190,014 $ 35,023 7
Undistributed $ (480,816) $ (480,816) (39)
Total $ 4,237,149 $ 514,957 156
14. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services.......................$ 7,359,631
Regular Operating Expenses..............$ 1,711,280
Travel..................................$ 47,680
Motor Vehicle Equipment
Purchases.............................$ 14,640
Publications and Printing...............$ 22,170
Equipment Purchases.....................$ 55,290
Computer Charges........................$ 32,000
Real Estate Rentals.....................$ -0-
Telecommunications......................$ 149,000
Per Diem, Fees and Contracts............$ 1,051,085
Utilities...............................$ 445,600
236
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage......................................$ 12,980
Case Services................................$ 575,000
Capital Outlay...............................$ -0-
Operations..................................$ -0-
Total Funds Budgeted....................... $ 11,476,356
Indirect DO AS Services Funding..............$ 50,000
Agency Funds...................,.............$ 9,104,800
State Funds Budgeted.........................$ 2,321,556
Total Positions Budgeted 397
Authorized Motor Vehicles 24
Roosevelt Warm Springs Rehabilitation Institute -
Functional Budgets
Administration
Rehabilitation Services
Instruction
Independent Living
Research/Training
Undistributed
Total
Total Funds State Funds Pos.
$ 4,659,812 $ 1,742,312 126
$ 6,090,226 $
$ 449,960 $
$ 569,419 $
$ 194,791 $
$ (487,852) $
$ 11,476,356 $
280,926 255
26,960 17
569,419 22
189,791 5
(487,852) (28)
2,321,556 397
15. Georgia Factory for the
Blind Budget:
Personal Services...........................$ 2,296,466
Regular Operating Expenses............... $ 4,808,545
Travel................................... $ 17,300
Motor Vehicle Equipment Purchases..........$ 36,600
Publications and Printing.............*>..$ 3,300
Equipment Purchases.................*...$ 95,000
Computer Charges.................... ....$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 23,700
Per Diem, Fees and Contracts...............$ 53,000
GEORGIA LAWS 1983 SESSION
237
Utilities............................... ...$ 93,500
Postage.................................. ..$ 4,500
Capital Outlay............................. $ -0-
Total Funds Budgeted.............................$ 7,431,911
Agency Funds.................................. $ 7,038,714
State Funds Budgeted........................... $ 393,197
Total Positions Budgeted 27
Authorized Motor Vehicles 14
Georgia Factory for the Blind Functional Budgets
Total Funds State Funds Pos.
Operations
Supervision
Undistributed
Total
$ 7,038,714 $
$ 393,197 $
$ -0- $
$ 7,431,911 $
-0- 9
393,197 19
-0- (1)
393,197 27
16. Rehabilitation Services Budget:
Personal Services............................$ 14,554,854
Regular Operating Expenses...................$ 380,880
Travel.....................I.................$ 449,100
Motor Vehicle Equipment
Purchases.................,...............$ -0-
Publications and Printing............. .....$ 13,165
Equipment Purchases........................ $ 13,543
Computer Charges........................... $ 7,600
Real Estate Rentals......................... $ 626,441
Telecommunications......................... $ 377,100
Per Diem, Fees and Contracts.................$ 282,833
Utilities..,............................69,000
Postage.......I.................I............$ 83,480
Contract with Vocational
Rehabilitation Community
Facilities...................... ,.......$ 3,645,000
Contract for Epilepsy...................... $ 63,000
Case Services......................... ,..$ 8,925,000
238
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract with the Affirmative
Industries.............,..................$ 105,000
Cerebral Palsy Contract.............3.......$ 136,500
Total Funds Budgeted....................,...$ 29,732,496
Indirect DOAS Services Funding..............$ 50,000
Agency Funds................................$ 19,583,419
State Funds Budgeted........................$ 10,099,077
Total Positions Budgeted 593
Authorized Motor Vehicles 5
Rehabilitation Services Functional Budgets
Total Funds State Funds Pos.
Field Services $ 25,151,718 $
Comprehensive Services $ 222,222 $
Business Enterprise
Vending Stand
Program
Special Programs
Undistributed
Total
$
$
$
756,097 $
3,949,500 $
(347,041) $
6,807,699
22,222
164,697
3,949,500
(845,041)
$ 29,732,496 $ 10,099,077
654
7
17
0
(85)
593
17. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services....,.........................$ 8,452,799
Regular Operating Expenses.................$ 319,656
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
GEORGIA LAWS 1983 SESSION
239
Case Services.................,..............$ 7,000,000
Total Funds Budgeted........................ $ 17,408,995
Agency Funds............................... $ 17,408,995
State Funds Budgeted.........................$ -0-
Total Positions Budgeted 408
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
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 $
-0-
$ 182,766,550 $ 61,628,790
$
$
62,160 $
-0- $
62,160
-0-
$ 185,988,178 $ 61,690,950
0
0
0
0
19. Local Services - Community Services
and Benefits Payments Budget:
Personal Services.........................$ -0-
Regular Operating Expenses................$ -0-
240
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel................................................$ -0-
Motor Vehicle Equipment
Purchases................................... ....$ -0-
Publications and Printing..............................$ -0-
Equipment Purchases....................................$ -0-
Computer Charges.......................................$ -0-
Real Estate Rentals.................?S......:..;;iU.....i........$ -0-
Per Diem, Fees and Contracts.......^...;...............$ -0-
Local Services Benefits
Payments Grants............................-.......$ 56,492,868
Grants to Counties for
Social Services................................... $ 44,376,242
Total Funds Budgeted......................V...........$ 100,869,110
Agency Funds........................ :......... .......$ 38,955,414
Social Services
Block Grant Funds............................I.....$ 15,409,789
State Funds Budgeted...........^......j....k...........$ 46,503,907
Total Positions Budgeted 0
Local Services - Community Services
and Benefits Payments Functional Budgets
Total Funds State Funds Pos.
Local Services -
Benefits Payments
Grants $ 56,639,856 $ 28,217,428 0
Grants to Counties
for Social Services $ 45,733,194 $ 20,144,433 0
Undistributed $ (1,503,940) $ (1,857,954) 0
Total $ 100,869,110 $ 46,503,907 0
20. Family and Children Services -
Program Direction and Support
Budget:
Personal Services...............................$ 8,375,518
Regular Operating Expenses......................$ 329,743
Travel................................!.........$ 321,570
GEORGIA LAWS 1983 SESSION
241
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing...................$ 565,950
Equipment Purchases.........................$ 1,623
Computer Charges............................$ 5,025,066
Real Estate Rentals............i...........$ 178,100
Telecommunications......4......4............$ 1,032,400
Per Diem, Fees and Contracts................$ 3,185,158
Utilities...................................$ 9,200
Postage.................i..................$ 226,600
Total Funds Budgeted...................... $ 19,250,928
Agency Funds.............................. $ 10,262,397
Indirect DOAS Services Funding..............$ 540,180
Social Services Block
Grant Funds............................. $ 1,297,117
State Funds Budgeted...................... $ 7,151,234
Total Positions Budgeted 315
Family and Children Services - Program
Direction and Support Functional Budgets
Directors Office
Research and
Demonstration
Total Funds State Funds Pos.
$ 473,004 $ 473,004 8
$ 42,614 $
Program Planning
and Development $ 868,288
Program Management
and Training
42,614 3
868,288 17
$ 1,701,602 $ 1,437,900 61
Administration
and Management
Management Infor-
mation Systems
District Program
Operations
$ 11,744,111 $ 4,324,672 88
$ 1,268,307 $ 1,268,307 50
$ 2,823,157 $ 2,823,157 98
242
GENERAL ACTS AND RESOLUTIONS, VOL. I
District Administration $ 821,459 $ 821,459 18
Indirect Cost $ -0- $ (4,752,756) 0
Undistributed $ (491,614) $ (155,411) (28)
Total $ 19,250,928 $ 7,151,234 315
Budget Unit Object Classes:
Personal Services....,.....................$ 97,827,941
Regular Operating Expenses.................$ 53,752,456
Travel.. .......................H.........$ 2,694,265
Motor Vehicle Equipment
Purchases.......|...................... $ 63,240
Publications and Printing..................$ 1,256,156
Equipment Purchases..............;.........$ 376,337
Computer Charges...........................$ 8,734,331
Real Estate Rentals...................... $ 4,519,731
Telecommunications.........................$ 3,420,830
Per Diem, Fees and Contracts...............$ 79,013,103
Utilities..................................$ 861,210
Postage....................................$ 1,129,460
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
Grant-In-Aid to Counties...................$ 30,746,391
Work Incentive Benefits....................$ 575,669
Grants to Fulton County
for 24-hour Emergency
Social Services......L......E............$ 173,400
Benefits for Child Care....................$ 15,872,840
Homemaker Meals............................$ 112,837
Chatham County
Homemaker Project...............w........$ 514,795
GEORGIA LAWS 1983 SESSION
243
Douglas County
Homemaker Project........................$ 133,362
Fulton County Homemaker Project.............$ 344,832
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..........................$ 56,492,868
Grants to Counties for Social
Services.................................$ 44,376,242
Contract with Vocational
Rehabilitation Community
Facilities............................. $ 3,645,000
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program.......................$ 100,000
Contract with the
Affirmative Industries...................$ 105,000
Institutional Repairs
and Maintenance........................ $ 359,000
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.....................$ 204,250
Grant for Teenage Pregnancy
Prevention Program.......................$ 250,000
Contract - Cancer Research
at Emory.................................$ 111,000
Contract - Macon-Bibb County
Hospital Authority.......................$ 2,000,000
Cerebral Palsy Contract.....................$ 136,500
Grants to Counties for
Metabolic Disorders
Screening and Testing....................$ 45,000
Total Positions Budgeted 4,159
244
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
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
Maximum Monthly
Amount
$ 202
306
366
432
494
536
580
616
648
694
742
$ 107
162
194
229
262
284
307
326
343
368
393
GEORGIA LAWS 1983 SESSION
245
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.
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 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.
246
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.
Provided that of the above appropriation relat-
ing to the Public Health - Family Health Activity,
$50,000 is designated and committed to purchase,
lease or otherwise acquire or reimburse for the
purchase or lease of equipment, or purchase or
reimburse for the purchase of drugs and medical
treatment of persons with Cystic Fibrosis over the
age of 21. Funds shall be expended for those
persons qualifying who are not otherwise covered
by any other private or publicly funded program
and are determined to need support from the
State.
Provided further, the Roosevelt Warm Springs
Institute for Rehabilitation is authorized to use
excess agency income for a repair and maintenance
program.
B. Budget Unit: State Health Planning
and Development...................$ 444,195
State Health Planning
and Development Budget:
Personal Services...................... $ 562,886
Regular Operating Expenses...............$ 51,000
Travel...................................$ 4,181
Publications and Printing................$ 2,000
Equipment Purchases.................... $ -0-
Computer Charges..........................$ 15,000
Real Estate Rentals.................... $ 80,200
Telecommunications......................$ 24,800
Per Diem, Fees and Contracts..............$ 69,939
Postage............................... $ 6,600
Total Funds Budgeted......................$ 816,606
Indirect DOAS Services Funding............$ -0-
Agency Funds.............................$ 372,411
GEORGIA LAWS 1983 SESSION 247
State Funds Budgeted.............................444,195
Total Positions Budgeted 21
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services..........................$ 562,886
Regular Operating Expenses.................$ 51,000
Travel................................... $ 4,181
Publications and Printing..................$ 2,000
Equipment Purchases........................$ -0-
Computer Charges...........................$ 15,000
Real Estate Rentals........................$ 80,200
Telecommunications........................$ 24,800
Per Diem, Fees and Contracts...............$ 69,939
Postage...................................$ 6,600
Total Positions Budgeted 21
Authorized Motor Vehicles 0
C. Budget Unit: Community Mental Health/
Mental Retardation Youth
Services and
Institutions.......................$ 261,764,125
1. Georgia Regional Hospital at
Augusta Budget:
Personal Services..........................$ 8,694,011
Regular Operating Expenses.................$ 1,025,791
Travel................................... $ 4,972
Motor Vehicle
Equipment Purchases......................$ 11,500
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 50,016
Computer Charges......................... $ 93,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 95,000
Per Diem, Fees and Contracts...............$ 240,000
Utilities.............................. $ 300,000
Postage.................................. $ 9,150
Authority Lease Rentals....................$ 387,000
Capital Outlay......................... $ 211,816
Total Funds Budgeted.......................$ 11,126,256
Agency Funds...............................$ 1,293,858
Indirect DOAS Services Funding.............$ 65,900
248
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted................... ...$ 9,766,498
Total Positions Budgeted 497
Authorized Motor Vehicles 25
2. Georgia Regional Hospital at
Atlanta Budget:
Personal Services...........................$ 10,907,533
Regular Operating Expenses.................$ 1,407,058
Travel.................................. $ 6,960
Motor Vehicle Equipment
Purchases........................:,:...v..$ -0-
Publications and Printing...................$ 9,100
Equipment Purchases....................... $ 46,740
Computer Charges.......................... $ 133,000
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 121,000
Per Diem, Fees and Contracts.....i..........$ 302,130
Utilities............................... $ 444,000
Postage................................... $ 11,000
Capital Outlay.......................... $ 228,844
Authority Lease Rentals.....................$ 513,000
Total Funds Budgeted...................... $ 14,130,365
Agency Funds....................... .....$ 1,993,476
Indirect DOAS Services Funding..............$ 102,100
State Funds Budgeted...................... $ 12,034,789
Total Positions Budgeted 621
Authorized Motor Vehicles 25
3. Georgia Regional Hospital at
Savannah Budget:
Personal Services....................... $ 8,786,324
Regular Operating Expenses..................$ 803,354
Travel.................................. $ 5,810
Motor Vehicle
Equipment Purchases......................$ -0-
Publications and Printing...................$ 1,900
Equipment Purchases.........................$ 33,529
Computer Charges............................$ 133,000
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 106,250
Per Diem, Fees and Contracts................$ 144,595
Utilities............I.......................$ 377,000
Postage.....................................$ 6,900
Authority Lease Rentals.....................$ 500,000
GEORGIA LAWS 1983 SESSION
249
Capital Outlay........................... $ -0-
Total Funds Budgeted.......................$ 10,898,662
Agency Funds............................. $ 1,054,400
Indirect DOAS Services Funding.............$ 93,300
State Funds Budgeted.......................$ 9,750,962
Total Positions Budgeted 500
Authorized Motor Vehicles 22
4. West Central Georgia Regional
Hospital Budget:
Personal Services........................ $ 7,339,894
Regular Operating Expenses.................$ 847,500
Travel................................... $ 5,280
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 5,620
Equipment Purchases........................$ 13,111
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.............................$ 25,000
Total Funds Budgeted.......................$ 9,515,607
Agency Funds...............................$ 1,376,800
Indirect DOAS Services Funding.............$ 82,300
State Funds Budgeted.......................$ 8,056,507
Total Positions Budgeted 414
Authorized Motor Vehicles 25
5. Northwest Georgia Regional Hospital
at Rome Budget:
Personal Services..........................$ 11,065,338
Regular Operating Expenses.................$ 1,189,133
Travel.....................................$ 4,952
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing................ $ 1,000
Equipment Purchases...................... $ 44,900
Computer Charges......................... $ 140,080
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 96,000
Per Diem, Fees and Contracts...............$ 36,600
250
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities................................. $ 1,073,210
Postage.....................................$ 9,125
Capital Outlay..............................$ 355,238
Authority Lease Rentals.....................$ 883,500
Total Funds Budgeted..................... $ 14,899,076
Agency Funds................................$ 3,322,215
Indirect DOAS Services Funding..............$ 93,300
State Funds Budgeted........................$ 11,483,561
Total Positions Budgeted 676
Authorized Motor Vehicles 45
6. Gracewood State School
and Hospital Budget:
Personal Services...........................$ 26,803,826
Regular Operating Expenses..................$ 2,585,007
Travel......................................$ 4,690
Motor Vehicle Equipment
Purchases............................ $ -0-
Publications and Printing...................$ 6,587
Equipment Purchases.........................$ 110,556
Computer Charges............................$ 93,000
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 265,000
Per Diem, Fees and Contracts................$ 119,000
Utilities................................. $ 1,475,000
Postage........................... ........$ 10,875
Capital Outlay............................ $ 756,715
Total Funds Budgeted...................... $ 32,230,256
Agency Funds...................................11,844,042
Indirect DOAS Services Funding..............$ 160,400
State Funds Budgeted........................$ 20,225,814
Total Positions Budgeted 1,669
Authorized Motor Vehicles 111
7. Southwestern State Hospital Budget:
Personal Services................. ,.......$ 18,214,452
Regular Operating Expenses..................$ 1,849,395
Travel......I...............................$ 7,240
Motor Vehicle Equipment
Purchases................................$ 13,409
Publications and Printing...................$ 4,500
Equipment Purchases................... ....$ 71,978
Computer Charges............................$ 150,000
Real Estate Rentals..................... $ -0-
GEORGIA LAWS 1983 SESSION
251
Telecommunications.........................$ 143,000
Per Diem, Fees and Contracts...............$ 234,000
Utilities.................................$ 737,000
Postage.....,.............................$ 15,500
Capital Outlay........................... $ 16,799
Total Funds Budgeted.......................$ 21,457,273
Agency Funds...................... .....$ 6,714,502
Indirect DOAS Services Funding.............$ 98,800
State Funds Budgeted.......................$ 14,643,971
Total Positions Budgeted 1,142
Authorized Motor Vehicles 53
8. Georgia Retardation Center Budget:
Personal Services....................... $ 15,245,612
Regular Operating Expenses.................$ 2,439,798
Travel.............................. ...$ 5,120
Motor Vehicle Equipment
Purchases................................$ 15,416
Publications and Printing................ $ 6,750
Equipment Purchases........................$ 105,933
Computer Charges...........................$ 154,300
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.............................$ 50,000
Total Funds Budgeted.......................$ 20,195,179
Agency Funds...............................$ 7,814,530
Indirect DOAS Services Funding.............$ 109,800
State Funds Budgeted................... ..$ 12,270,849
Total Positions Budgeted 916
Authorized Motor Vehicles 39
9. Georgia Mental Health
Institute Budget:
Personal Services..........................$ 9,150,031
Regular Operating Expenses.................$ 1,065,847
Travel.....................................$ 5,560
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ 4,600
Equipment Purchases........................$ 51,193
252
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges.......................... $ 152,000
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 172,000
Per Diem, Fees and Contracts...............$ 650,915
Utilities............................... $ 1,251,000
Postage.................................. $ 8,300
Authority Lease Rentals.....................$ -0-
Capital Outlay..............................$ 52,470
Total Funds Budgeted........................$ 12,563,916
Agency Funds............................ $ 1,439,775
Indirect DOAS Services Funding..............$ 202,100
State Funds Budgeted........................$ 10,922,041
Total Positions Budgeted 503
Authorized Motor Vehicles 20
10. Central State Hospital Budget:
Personal Services......................... $ 68,985,530
Regular Operating Expenses..................$ 9,036,690
Travel..................................... $ 8,961
Motor Vehicle Equipment
Purchases............................ $ 23,140
Publications and Printing................. $ 11,965
Equipment Purchases.......................$ 118,385
Computer Charges.......................... $ 635,716
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 461,900
Per Diem, Fees and Contracts................$ 211,375
Utilities................................. $ 4,133,416
Postage................................... $ 40,000
Authority Lease Rentals.....................$ 787,875
Capital Outlay............................ $ 792,198
Total Funds Budgeted........................$ 85,247,151
Agency Funds.............I.................$ 21,868,157
Indirect DOAS Services Funding..............$ 617,000
State Funds Budgeted........................$ 62,761,994
Total Positions Budgeted 4,068
Authorized Motor Vehicles 215
11. State Youth Development
Centers Budget:
Personal Services...........................$ 12,229,574
Regular Operating Expenses..................$ 1,433,500
Travel......................................$ 7,000
GEORGIA LAWS 1983 SESSION
253
Motor Vehicle Equipment
Purchases................................$ 70,000
Publications and Printing..................$ 3,200
Equipment Purchases........................$ 146,623
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 100,000
Per Diem, Fees and Contracts...............$ 128,708
Utilities................................ $ 750,000
Postage................................ $ 19,500
Capital Outlay........................... $ 320,089
Total Funds Budgeted..................... $ 15,208,194
Agency Funds...............................$ 310,160
State Funds Budgeted.......................$ 14,898,034
Total Positions Budgeted 712
Authorized Motor Vehicles 103
12. Regional Youth Development
Centers Budget:
Personal Services..........................$ 6,630,572
Regular Operating Expenses.................$ 848,150
Travel................................... $ 11,000
Motor Vehicle
Equipment Purchases................. ...$ 30,085
Publications and Printing................ $ 3,000
Equipment Purchases........................$ 42,948
Computer Charges..............|...........$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications.............................. 57,500
Per Diem, Fees and Contracts...............$ 68,550
Utilities.............................. $ 500,000
Postage....................................$ 9,700
Capital Outlay........................,....$ 20,264
Reserve for Athens RYDC ...................$ -0-
Grants to County-Owned
Detention Centers........................$ 2,218,125
Total Funds Budgeted.......................$ 10,439,894
Agency Funds...............I..............$ 253,000
State Funds Budgeted.......................$ 10,186,894
Total Positions Budgeted 414
Authorized Motor Vehicles 41
254
GENERAL ACTS AND RESOLUTIONS, VOL. I
13. Community Mental Health/
Mental Retardation
Services Budget:
Personal Services..........................$ 8,341,557
Regular Operating Expenses.................$ 442,379
Travel.....................................$ 27,352
Motor Vehicle Equipment
Purchases..................:.v...........$ 20,409
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 20,500
Computer Charges ...................... $ -0-
Real Estate Rentals........................$ 71,300
Telecommunications.........................$ 27,100
Per Diem, Fees and Contracts...............$ 181,150
Utilities.............................. $ 15,300
Postage......................|.............$ 1,775
Capital Outlay.............................$ -0-
Drug Abuse Contracts.......................$ 864,970
Day Care Centers for the
Mentally Retarded........................$ 46,981,263
MR Day Care Center Motor
Vehicle Purchases............:...........$ 549,000
Supportive Living Staff........................1,410,454
Supportive Living Benefits.................$ 3,954,189
Georgia State Foster
Grandparent/Senior
Companion Program...................... $ 514,000
Community Mental Health
Center Services...................... ...$ 57,987,328
Project Rescue....................... $ 263,807
Project ARC............................ $ 163,332
Project Friendship.........................$ 229,819
Group Homes for
Autistic Children...................... $ 268,365
Uniform Alcoholism Projects....................2,397,311
Community Mental
Retardation Staff............................2,792,905
Community Mental Retardation
Residential Services..;.;.......... ....$ 8,203,953
Grant for DeKalb County
Mental Retardation Project.......... ...$ 51,000
Grant for Chatham County
Mental Retardation Project...............$ 49,000
Total Funds Budgeted.......................$ 135,833,518
GEORGIA LAWS 1983 SESSION
255
Social Services
Block Grant Funds...........................$ 33,285,893
Agency Funds..........Ipb;.;..................$ 47,978,476
State Funds Budgeted..........................$ 54,569,149
Total Positions Budgeted 371
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
Total Funds State Funds Pos.
$ 5,507,730 $ 5,450,830 218
$ 732,649 $ 732,649 35
$ 1,515,141 $ 1,515,141 64
$ 107,844 $ 107,844 3
$ 1,123,628 $ 490,538 45
Day Care Centers for the
Mentally Retarded $ 47,530,263 $ 10,997,370
Supportive Living
$ 5,364,643 $ 3,134,643
Georgia State Foster
Grandparent/Senior
Companion Program $
Community Mental
Retardation Staff
Community Mental
Retardation Residen-
tial Services
514,000 $ 514,000
$ 2,792,905 $ 2,071,189
$ 8,203,953 $ 6,229,232
0
0
0
0
256
GENERAL ACTS AND RESOLUTIONS, VOL. I
Group Homes for
Autistic Children
Project Rescue
Drug Abuse Contracts
Project ARC
Project Friendship
Community Mental
Health Center
Services
Uniform Alcoholism
Projects
Central Laboratory
Grant for DeKalb
County Mental
Retardation Project
Grant for Chatham
County Mental
Retardation Project
Undistributed
Total
$
$
$
268,365 $
263,807 $
864,970 $
163,332 $
229,819 $
268,365
100,807
19,332
163,332
229,819
$ 57,987,328 $ 20,368,447
$ 2,397,311 $ 2,175,611
$ 165,830 $ -0-
51.000 $
49.000 $
-0- $
-0-
-0-
-0-
0
0
0
0
0
0
6
$ 135,833,518 $ 54,569,149
0
0
371
14. Community Youth Services Budget:
Personal Services.........................$ 8,284,384
Regular Operating Expenses................$ 986,644
Travel............................... ...$ 342,480
Motor Vehicle Equipment Purchases.........$ 24,750
Publications and Printing.................$ 3,750
Equipment Purchases.......................$ 6,604
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 269,900
Telecommunications........................$ 208,500
Per Diem, Fees and Contracts..............$ -0-
Utilities.................................$ 30,200
Postage...................................$ 20,850
GEORGIA LAWS 1983 SESSION
257
Child Care Benefits...................... $ 15,000
Total Funds Budgeted.........................$ 10,193,062
State Funds Budgeted.........................$ 10,193,062
Total Positions Budgeted 412
Authorized Motor Vehicles 19
Community Youth Services Functional Budgets
Group Homes
Community Detention $
Day Centers
Community Treatment
Centers
Total Funds State Funds Pos.
$ 418,550 $ 418,550 19
$
$
$
Court Services
Runaway Investigations $
Interstate Compact $
Purchased Services $
Undistributed $
Total
971,694 $
546,140 $
1,762,234 $
5,893,994 $
357,250 $
70,700 $
172,500 $
-0- $
971,694
546,140
17
24
1,762,234 77
5,893,994 257
357,250 15
70,700 3
172,500 0
-0- 0
$ 10,193,062 $ 10,193,062 412
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense.........................$
Total Funds.................;......v2.............$
State Funds.......................................$
-0-
-0-
-0-
Budget Unit Object Classes:
Personal Services...........................$ 220,678,638
Regular Operating Expenses..................$ 25,960,246
Travel......................................$ 447,377
258
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases.................j...........$ 208,709
Publications and Printing.................$ 69,972
Equipment Purchases.......................$ 863,016
Computer Charges....................;....$ 1,782,298
Real Estate Rentals.......................$ 341,200
Telecommunications........................$ 2,112,450
Per Diem, Fees and Contracts..............$ 2,497,893
Utilities.................................$ 12,513,626
Postage...................................$ 187,855
Capital Outlay............................$ 2,829,433
Authority Lease Rentals...................$ 4,531,875
Grants to County-Owned
Detention Centers.......................$ 2,218,125
Reserve for Athens RYDC...................$ -0-
Drug Abuse Contracts......................$ 864,970
Day Care Centers for the
Mentally Retarded.......................$ 46,981,263
MR Day Care Center Motor
Vehicle Purchases.......................$ 549,000
Supportive Living Staff...................$ 1,410,454
Supportive Living Benefits................$ 3,954,189
Georgia State Foster
Grandparent/Senior
Companion Program.......................$ 514,000
Community Mental Health
Center Services.........................$ 57,987,328
Project Rescue............................$ 263,807
Project ARC............................. $ 163,332
Project Friendship........................$ 229,819
Group Homes for
Autistic Children.......................$ 268,365
Uniform Alcoholism Projects...............$ 2,397,311
Child Care Benefits.......................$ 15,000
Community Mental
Retardation Staff.......................$ 2,792,905
Community Mental Retardation
Residential Services....................$ 8,203,953
Grant for DeKalb County
Mental Retardation Project..............$ 51,000
GEORGIA LAWS 1983 SESSION
259
Grant for Chatham County
Mental Retardation Project.............$ 49,000
Total Positions Budgeted 12,915
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.
260
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........................ $ 8,551,453
1. Industry Budget:
Personal Services....................510,271
Regular Operating Expenses................$ 10,305
Travel.................................. $ 37,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 5,400
Equipment Purchases.......................$ 547
Computer Charges......................... $ 12,500
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
GEORGIA LAWS 1983 SESSION 261
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 576,523
State Funds Budgeted.......................$ 576,523
Total Positions Budgeted 16
2. Research Budget:
Personal Services................ ........$ 332,534
Regular Operating Expenses.................$ 4,840
Travel............................... $ 1,842
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,600
Equipment Purchases........................$ 2,700
Computer Charges............................$ 3,066
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 7,923
Total Funds Budgeted.......................$ 354,505
State Funds Budgeted.......................$ 354,505
Total Positions Budgeted 14
3. Tourism - Promotional Budget:
Personal Services..........................$ 635,960
Regular Operating Expenses.................$ 69,475
Travel................................... $ 65,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 189,500
Equipment Purchases........................$ 5,355
Computer Charges...........................$ 22,400
Real Estate Rentals........................$ -0-
Telecommunications....................... $ -0-
Per Diem, Fees and Contracts...............$ 60,480
Historic Chattahoochee
Commission Contract.....................$ 40,000
Total Funds Budgeted.......................$ 1,088,170
State Funds Budgeted.......................$ 1,088,170
Total Positions Budgeted 26
4. Tourist - Welcome Centers Budget:
Personal Services....................... $ 1,418,814
Regular Operating Expenses.................$ 328,755
Travel.......................... .........$ 31,261
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 12,000
Equipment Purchases........................$ 14,605
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges........................... $ -0-
Real Estate Rentals...................... $ -0-
Telecommunications......................... $ 13,924
Per Diem, Fees and Contracts...................$ 4,450
Capital Outlay - Energy
Conservation....................../*.......$ 5,885
Local Welcome Centers......................... $ 95,000
Total Funds Budgeted...........................$ 1,924,694
State Funds Budgeted..................... ....$ 1,834,694
Total Positions Budgeted 94
5. Internal Administration Budget:
Personal Services........................ ....$ 622,538
Regular Operating Expenses.....................$ 206,602
Travel.............. ....;.v.;^.i..:,.........$ 13,000
Motor Vehicle Equipment Purchases..............$ 47,050
Publications and Printing......................$ 35,000
Equipment Purchases................... ........$ 808
Computer Charges............................. $ 860
Real Estate Rentals............................$ 207,529
Telecommunications.............................$ 115,600
Per Diem, Fees and Contracts...................$ 17,000
Postage....................................... 140,000
Georgia Ports Authority -
Authority Lease Rentals......................$ 2,605,000
Georgia Ports Authority -
General Obligation Bond
Payments.................. ..........,i...$ 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......................... $ 103,000
International Council of
Georgia, Inc........................................14,950
Georgia Semiquincentenary
Commission....................*............$ 80,000
Total Funds Budgeted......................... $ 5,268,937
State Funds Budgeted......................... $ 3,156,803
Total Positions Budgeted 23
GEORGIA LAWS 1983 SESSION
263
6. International Budget:
Personal Services...........................$ 503,642
Regular Operating Expenses..................$ 44,430
Travel................................... $ 72,500
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 10,000
Equipment Purchases.........................$ 3,010
Computer Charges.......................... $ 20,000
Real Estate Rentals....................... $ 45,000
Telecommunications......................... $ 24,926
Per Diem, Fees and Contracts.....74,250
Total Funds Budgeted.................... $ 797,758
State Funds Budgeted..............................797,758
Total Positions Budgeted 15
7. Advertising Budget:
Advertising..........i......'...................$ 743,000
Total Funds Budgeted.................... $ 743,000
State Funds Budgeted...................... $ 743,000
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services...................... ...$ 4,023,759
Regular Operating Expenses..................$ 664,407
Travel........................ ........$ 221,103
Motor Vehicle Equipment Purchases...........$ 47,050
Publications and Printing...................$ 253,500
Equipment Purchases.................. .....$ 27,025
Computer Charges.......................... $ 58,826
Real Estate Rentals....................... $ 252,529
Telecommunications..........................$ 154,450
Per Diem, Fees and Contracts................$ 164,103
Postage.....................................$ 140,000
Capital Outlay - Energy
Conservation............................ $ 5,885
Local Welcome Center Contracts..............$ 95,000
Advertising............................. $ 743,000
Georgia Ports Authority -
Authority Lease Rentals...................$ 2,605,000
Georgia Ports Authority -
General Obligation Bond
Payments................................ $ 1,000,000
264
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.......................$ 103,000
International Council of
Georgia, Inc........................... $ 14,950
Georgia Semiquincentenary
Commission...:....................... $ 80,000
Total Positions Budgeted 188
Authorized Motor Vehicles 21
B. Budget Unit: Authorities.....................$ -0-
1. Georgia World Congress Budget:
Personal Services..........................$ 2,908,739
Regular Operating Expenses.................$ 1,131,376
Travel.......................jj.............$ 24,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 21,000
Equipment Purchases........................$ 40,000
Computer Charges...........................$ 600
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 60,840
Per Diem, Fees and Contracts...............$ 131,880
Atlanta Convention and
Visitors Bureau........................ $ 765,972
Total Funds Budgeted.......................$ 5,084,407
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
Equipment Purchases........................$ 3,836,805
Real Estate Rentals........................$ 99,403
Telecommunications.........................$ 302,960
GEORGIA LAWS 1983 SESSION
265
Repayments for Previous
Capital Improvement Funding..............$ 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...i...........................$ 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.................... ....$ 26,861,795
Regular Operating Expenses.................$ 9,001,604
Travel.................................I..$ 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.........................$ 363,800
Per Diem, Fees and Contracts...............$ 1,343,462
Repayments for Previous
Capital Improvement Funding..............$ 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
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.
266
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..........$ 738,242
Inspection Division Budget:
Personal Services.........................$ 648,000
Regular Operating Expenses................$ 10,200
Travel....................................$ 60,751
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 5,000
Equipment Purchases.......................$ -0-
Computer Charges........................ $ -0-
Real Estate Rentals................... $ 7,591
Telecommunications...................... $ 6,500
Per Diem, Fees and Contracts..............$ 200
Total Funds Budgeted......................$ 738,242
State Funds Budgeted......................$ 738,242
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services.........................$ 648,000
Regular Operating Expenses................$ 10,200
Travel....................................$ 60,751
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 5,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 7,591
Telecommunications........................$ 6,500
Per Diem, Fees and Contracts..............$ 200
Total Positions Budgeted 28
B. Budget Unit: Basic Employment, Work
Incentive, Correctional
Services and Comprehensive
Employment and Training............$ 3,098,353
GEORGIA LAWS 1983 SESSION
267
1. Basic Employment Security
and W.I.N. Budget:
Personal Services..........................$ 36,084,909
Regular Operating Expenses.................$ 2,396,700
Travel.....................................$ 1,045,437
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 10,600
Equipment Purchases........................$ 1,005,000
Computer Charges...........................$ 1,038,000
Real Estate Rentals........................$ 1,092,096
Telecommunications....................... $ 948,000
Per Diem, Fees and Contracts...............$ 1,150,000
W.I.N. Grants............................ $ 600,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 45,370,742
State Funds Budgeted.......................$ 1,274,308
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
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..........................$ 1,650,000
Regular Operating Expenses.................$ 41,700
Travel.....................................$ 20,245
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 250
268
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases........:..............$ 250
Computer Charges..........................$ 3,600
Real Estate Rentals.......................$ 59,000
Telecommunications........................$ 39,000
Per Diem, Fees and Contracts..............$ 10,000
Total Funds Budgeted......................$ 1,824,045
State Funds Budgeted......................$ 1,824,045
Total Positions Budgeted 74
Budget Unit Object Classes:
Personal Services.........................$ 45,977,409
Regular Operating Expenses................$ 3,277,600
Travel....................................$ 1,186,682
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 16,850
Equipment Purchases.......................$ 1,092,250
Computer Charges........................ $ 1,145,600
Real Estate Rentals.................... $ 1,357,096
Telecommunications........................$ 1,100,000
Per Diem, Fees and
Contracts (CETA)...................... $ 381,000
Per Diem, Fees and Contracts..............$ 1,160,000
W.I.N. Grants.............................$ 600,000
CETA Direct Benefits.................... $ 34,500,000
Capital Outlay............................$ -0-
Total Positions Budgeted 2,097
Authorized Motor Vehicles 6
Section 29. Department of Law.
Budget Unit: Department of Law...............$ 4,190,247
Attorney Generals Office Budget:
Personal Services........................$ 3,744,664
Regular Operating Expenses...............$ 169,350
Travel......................;...........$ 95,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing................$ 27,710
Equipment Purchases......................$ 3,800
Computer Charges....................... $ 9,252
Books for State Library............... S 53,000
Real Estate Rentals......................$ 293,480
Telecommunications.....................$ 87,891
Per Diem, Fees and Contracts.............$ 31,800
GEORGIA LAWS 1983 SESSION
269
Capital Outlay................................. $ -0-
Total Funds Budgeted........................... $ 4,515,947
State Funds Budgeted.............................$ 4,190,247
Total Positions Budgeted 116
Budget Unit Object Classes:
Personal Services.............................. $ 3,744,664
Regular Operating Expenses.......................$ 169,350
Travel..................w........................$ 95,000
Motor Vehicle Equipment Purchases.................$ -0-
Publications and Printing........................$ 27,710
Equipment Purchases..............................$ 3,800
Computer Charges............................... .$ 9,252
Real Estate Rentals............;.................$ 293,480
Telecommunications............................. $ 87,891
Per Diem, Fees and Contracts..........^.........$ 31,800
Books for State Library...................53,000
Capital Outlay..........ri....;.;..:>.4v....;..$ -0-
Total Positions Budgeted 116
Authorized Motor Vehicles 1
Provided, however, that of the above appropri-
ation relative to regular operating expenses,
$38,000 is designated and committed for Court
Reporter Fees.
Section 30. Department of
Medical Assistance.
Budget Unit: Medicaid Services.................$ 195,650,757
1. Commissioners Office Budget:
Personal Services..........................$ 1,665,163
Regular Operating Expenses.................$ 37,593
Travel................................... $ 48,095
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 10,358
Equipment Purchases........................$ 3,602
Computer Charges...........................$ -0-
Real Estate Rentals....................... $ 59,000
Telecommunications.........................$ 50,320
Per Diem, Fees and Contracts...............$ 21,240
Postage......................*............$ 950
Audits Contracts...........................$ -0-
Total Funds Budgeted................... ..$ 1,896,321
270
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted...,.....................$ 897,855
Total Positions Budgeted 71
2. Administration Budget:
Personal Services............................$ 1,018,046
Regular Operating Expenses..........................62,415
Travel ......................................$ 5,640
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing....................$ 17,500
Equipment Purchases........................ $ 1,070
Computer Charges.............................$ 55,000
Real Estate Rentals........................ $ 67,500
Telecommunications...........................$ 25,960
Per Diem, Fees and Contracts.................$ 97,080
Postage.......................... ..........$ 164,564
Audits Contracts......................... $ 235,382
Total Funds Budgeted.........................$ 1,750,157
State Funds Budgeted.........................$ 633,838
Total Positions Budgeted 41
3. Program Management Budget:
Personal Services......................... $ 1,917,643
Regular Operating Expenses...................$ 63,011
Travel...,....,..........,......:........ $ 37,181
Motor Vehicle Equipment
Purchases..................................$ -0-
Publications and Printing....................$ 34,760
Equipment Purchases........................ $ 1,811
Computer Charges............................ $ -0-
Real Estate Rentals..........................$ 69,600
Telecommunications...........................$ 72,620
Per Diem, Fees and Contracts.................$ 8,620,478
Postage.................................... $ -0-
Total Funds Budgeted.........................$ 10,817,104
State Funds Budgeted.........................$ 1,356,581
Total Positions Budgeted 93
4. Operations Budget:
Personal Services............................$ 1,982,708
Regular Operating Expenses...................$ 183,298
Travel.......................................$ 745
Motor Vehicle Equipment
Purchases............................. ...$ -0-
Publications and Printing....................$ 107,000
GEORGIA LAWS 1983 SESSION
271
Equipment Purchases...................... $ -0-
Computer Charges...........................$ 7,272,035
Real Estate Rentals........................$ 95,600
Telecommunications.........................$ 89,700
Per Diem, Fees and Contracts...............$ 76,000
Postage............................ ,.....$ 635,659
Total Funds Budgeted..................... $ 10,442,745
Indirect DO AS Services Funding........... $ 1,400,000
Agency Funds........................... $ 7,724,715
State Funds Budgeted.......................$ 1,318,030
Total Positions Budgeted 109
5. Benefits Payments Budget:
Medicaid Benefits..........................$ 599,853,503
Payments to Counties
for Mental Health.................. ...$ 8,898,900
Total Funds Budgeted.......................$ 608,752,403
State Funds Budgeted..................... $ 191,444,453
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services...................... $ 6,583,560
Regular Operating Expenses.................$ 346,317
Travel:.!........................... .....$ 91,661
Motor Vehicle Equipment
Purchases.......................... ..$ -0-
Publications and Printing..................$ 169,618
Equipment Purchases...................... $ 6,483
Computer Charges...........................$ 7,327,035
Real Estate Rentals........................$ 291,700
Telecommunications.........................$ 238,600
Per Diem, Fees and Contracts...............$ 8,814,798
Postage................................ $ 801,173
Medicaid Benefits..........................$ 599,853,503
Payments to Counties for
Mental Health............................$ 8,898,900
Audits Contracts......................... $ 235,382
Total Positions Budgeted 314
Authorized Motor Vehicles 3
Provided, that any reserve created by the State
Auditor for the payment of Medicaid Benefits can
be expended and otherwise treated for accounting
272
GENERAL ACTS AND RESOLUTIONS, VOL. I
and other purposes for Payments to Counties for
Mental Health.
Section 31. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration
Agency Assessments..................$ 4,565,103
1. Applicant Services Budget:
Personal Services............................... 875,202
Regular Operating Expenses................. $ 16,490
Travel....3,670
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing....................$ 55,000
Equipment Purchases........................ $ 5,650
Computer Charges............................ $ 371,153
Real Estate Rentals.................................. -0-
Telecommunications...............^;V.;L.>....$ 20,260
Per Diem, Fees and Contracts.........2,800
Postage.......................^v.............$ 75,480
Total Funds Budgeted...............%?.......$ 1,425,705
Agency Assessments...........................$ 1,425,705
Total Positions Budgeted 39
2. Classification and Compensation
Budget:
Personal Services....................... $ 481,002
Regular Operating Expenses...................$ 6,160
Travel...............................................2,465
Motor Vehicle Equipment Purchases...,....;...$ -0-
Publications and Printing ......L...;........$ 7,840
Equipment Purchases........................,.$ -0-
Computer Charges...................................142,387
Real Estate Rentals....................................-0-
Telecommunications................................. 6,530
Per Diem, Fees and Contracts.........1,000
Postage.................................... $ 2,555
Total Funds Budgeted....................... $ 649,939
Agency Assessments...........................$ 649,939
Total Positions Budgeted 19
GEORGIA LAWS 1983 SESSION
273
3. Program Evaluation and Audit Budget:
Personal Services................................304,277
Regular Operating Expenses.................$ 8,470
Travel.................................... $ 1,025
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 800
Equipment Purchases............................$ 225
Computer Charges.......................;....$ 185,104
Real Estate Rentals........................$ -0-
Telecommunications.............................$ 5,195
Per Diem, Fees and Contracts...................$ -0-
Postage.............IBBBPP.....................$ 1,100
Total Funds Budgeted.......................$ 506,196
Agency Assessments....................... $ 506,196
Total Positions Budgeted 13
4. Employee Training and
Development Budget:
Personal Services..........................$ 555,339
Regular Operating Expenses.................$ 29,000
Travel................................ $ 18,765
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 20,000
Equipment Purchases........U....................$ 2,150
Computer Charges...........................$ 14,237
Real Estate Rentals..................... $ -0-
Telecommunications.........................$ 10,720
Per Diem, Fees and Contracts...............$ 127,500
Postage................................ $ 3,600
Total Funds Budgeted.......................$ 781,311
Agency Assessments............................. 781,311
Total Positions Budgeted 23
5. Health Insurance
Administration Budget:
Personal Services.................;:.;i...:....$ 463,550
Regular Operating Expenses.................$ 11,220
Travel................................. $ 3,595
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 9,900
Equipment Purchases.................... ..$ 225
Computer Charges...........................$ 234,280
Real Estate Rentals........................$ 23,000
Telecommunications.........................$ 38,485
274
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts..............$ 3,427,270
Postage...................................$ 24,420
Total Funds Budgeted.................... $ 4,235,945
Other Health Insurance
Agency Funds.......P&IS.................$ -0-
Employer and Employee
Contributions......................... $ 4,235,945
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.........................$ 711,679
Regular Operating Expenses................$ 16,510
Travel....................................$ 5,475
Motor Vehicle Equipment Purchases.....;...$ -0-
Publications and Printing.............;...$ 8,000
Equipment Purchases.......................$ 15
Computer Charges..........................$ 63,995
Real Estate Rentals.......................$ -0-
Telecommunications.................... $ 14,440
Per Diem, Fees and Contracts............ $ -0-
Postage...................................$ 3,330
GEORGIA LAWS 1983 SESSION
275
Federal Sub-grants to
State and Local Agencies................$ -0-
Total Funds Budgeted......................$ 823,444
Agency Assessments........................$ 641,838
Employer and Employee Contributions......$ 152,073
Deferred Compensation.....................$ 29,533
Total Positions Budgeted 33
8. Commissioners Office Budget:
Personal Services.........................$ 294,499
Regular Operating Expenses.............. $ 13,825
Travel...................................$ 9,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,630
Equipment Purchases.......................$ -Or
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 178,950
Telecommunications........................$ 5,385
Per Diem, Fees and Contracts..............$ 49,960
Postage................................. $ 3,665
Total Funds Budgeted.....................$ 560,114
Agency Assessments........................$ 560,114
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 3,685,548
Regular Operating Expenses................$ 101,675
Travel....................................$ 44,195
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing.................$ 106,170
Equipment Purchases..................... $ 8,265
Computer Charges........................ $ 1,011,156
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 159
Authorized Motor Vehicles 0
276
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..........................$ 45,121,919
1. Internal Administration Budget:
Personal Services.........................$ 2,055,248
Regular Operating Expenses................$ 182,504
Travel.............................. $ 18,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing.................$ 180,290
Equipment Purchases.......................$ 900
Computer Charges..........................$ 171,325
Real Estate Rentals.................. ...$ 150,442
Telecommunications..........|............$ 70,714
Per Diem, Fees and Contracts..............$ 65,500
Postage............................. $ 87,800
Payments to Ga. Hazardous Waste
Management Authority....................$ 76,000
Payments to Lake Lanier Islands
Development Authority....-.s.u.ijS......$ 857,115
Payments to Jekyll Island St.
Park Authority....................... $ 938,061
Capital Outlay - Heritage Trust...........$ 75,000
Total Funds Budgeted......................$ 4,928,899
Receipts from Jekyll Island
State Park Authority and
Stone Mountain Memorial
Association.............................$ 40,000
State Funds Budgeted......;..............$ 4,850,489
Total Positions Budgeted 81
2. Game and Fish Budget:
Personal Services....................... $ 11,858,747
Regular Operating Expenses................$ 3,111,026
Travel....................................$ 66,810
GEORGIA LAWS 1983 SESSION 277
Motor Vehicle Equipment
Purchases................................$ 573,012
Publications and Printing..................$ 66,800
Equipment Purchases........................$ 199,197
Computer Charges...........................$ 50,800
Real Estate Rentals........................$ 42,581
Telecommunications.........................$ 212,587
Per Diem, Fees and Contracts.............. $ 68,055
Postage....................................$ 62,957
Capital Outlay - Hatchery
Renovation...............................$ 8,000
Capital Outlay - Repairs
and Maintenance..........................$ -0-
Capital Outlay.............................$ 52,150
Grants to Local Governments................$ -0-
Capital Outlay -
Consolidated Maintenance.................$ 238,086
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition.................. $ 350,000
Total Funds Budgeted...................... $ 16,960,808
Indirect DOAS Services Funding.............$ 100,000
State Funds Budgeted..................... $ 13,621,084
Total Positions Budgeted 477
3. Parks, Recreation and
Historic Sites Budget:
Personal Services................. .......$ 8,541,275
Regular Operating Expenses.................$ 3,497,833
Travel................................... $ 72,323
Motor Vehicle Equipment
Purchases........................ ;...$ 119,947
Publications and Printing................ $ 93,500
Equipment Purchases........................$ 217,875
Computer Charges......................... $ 17,220
Real Estate Rentals.................... ..$ 111,392
Telecommunications....................... $ 226,270
Per Diem, Fees and Contracts...............$ 71,436
Postage....................................$ 56,000
Capital Outlay.............................$ 176,000
Capital Outlay - Repairs
and Maintenance..........................$ 1,528,070
Capital Outlay - Shop Stock................$ 300,000
Cost of Material for Resale................$ 825,000
278
GENERAL ACTS AND RESOLUTIONS, VOL. I
Authority Lease Rentals......................$ 2,033,000
Land and Water Conservation
Grants................................ $ 1,500,000
Recreation Grants.....^....,.................$ 390,000
Contract - Special Olympics, Inc.............$ 186,000
Georgia Sports Hall of Fame..................$ 50,000
Capital Outlay - User Fee
Enhancements..............................$ 1,130,000
Technical Assistance Contract................$ 100,000
Total Funds Budgeted.........................$ 21,243,141
Indirect DOAS Services Funding...............$ 100,000
State Funds Budgeted.........................$ 12,488,383
Total Positions Budgeted 373
4. Environmental Protection Budget:
Personal Services............................$ 9,040,513
Regular Operating Expenses...................$ 652,987
Travel....... ...............;v............$ 235,395
Motor Vehicle Equipment
Purchases............................... $ 16,029
Publications and Printing....................$ 69,300
Equipment Purchases........................ $ 29,828
Computer Charges........................... $ 121,750
Real Estate Rentals..........................$ 473,620
Telecommunications...........................$ 174,440
Per Diem, Fees and Contracts............... $ 556,421
Postage.................................... $ 93,000
Solid Waste Grants..................... ..$ 1,500,000
Water and Sewer Grants..................... $ 3,000,000
Contract with U.S. Geological
Survey for Ground Water
Resources Survey..........................$ 250,437
Topographic Mapping U.S.
Geological Survey.........................$ 125,000
Total Funds Budgeted....................... $ 16,338,720
State Funds Budgeted....................... $ 13,150,420
Total Positions Budgeted 311
5. Coastal Resources Budget:
Personal Services............................$ 788,554
Regular Operating Expenses...................$ 188,991
Travel.......................................$ 9,000
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing...........................16,100
GEORGIA LAWS 1983 SESSION
279
Equipment Purchases..................... $ 2,231
Computer Charges..........................$ 7,894
Real Estate Rentals..................... $ -0-
Telecommunications...................,....$ 21,361
Per Diem, Fees and Contracts..............$ 1,450
Postage................................. $ 7,639
Capital Outlay............................$ -0-
Capital Outlay - Repairs
and Maintenance....................... $ 2,763
Capital Outlay - Buoy Maintenance.........$ 13,000
Total Funds Budgeted......................$ 1,058,983
State Funds Budgeted......................$ 1,011,543
Total Positions Budgeted 25
Budget Unit Object Classes:
Personal Services.........................$ 32,284,337
Regular Operating Expenses................$ 7,633,341
Travel....................................$ 401,528
Motor Vehicle Equipment
Purchases...............................$ 708,988
Publications and Printing.................$ 425,990
Equipment Purchases.......................$ 450,031
Computer Charges..........................$ 368,989
Real Estate Rentals................... $ 778,035
Telecommunications.................... $ 705,372
Per Diem, Fees and Contracts..............$ 762,862
Postage........................... ....$ 307,396
Land and Water Conservation
Grants................................ $ 1,500,000
Recreation Grants.........................$ 390,000
Water and Sewer Grants....................$ 3,000,000
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......................... $ 228,150
Capital Outlay - Repairs
and Maintenance.........................$ 1,530,833
Capital Outlay - Shop Stock...............$ 300,000
Capital Outlay - Heritage Trust...........$ 75,000
280
GENERAL ACTS AND RESOLUTIONS, VOL. I
Authority Lease Rentals...................$ 2,033,000
Cost of Material for Resale...............$ 825,000
Payments to Lake Lanier Islands
Development Authority................. $ 857,115
Payments to Jekyll Island
State Park Authority....................$ 938,061
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..............$ 76,000
Capital Outlay - User Fee
Enhancements.......................... $ 1,130,000
Capital Outlay - Buoy
Maintenance ....................... $ 13,000
Capital Outlay -
Consolidated Maintenance.............. $ 238,086
Technical Assistance Contract.............$ 100,000
Total Positions Budgeted 1,267
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
$2,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
GEORGIA LAWS 1983 SESSION
281
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
B. Budget Unit: Authorities...................$ -0-
1. Lake Lanier Islands Development
Authority Budget:
Personal Services....................... $ 1,553,399
Regular Operating Expenses................$ 636,896
Travel....................................$ 5,225
Motor Vehicle Equipment Purchases.........$ 32,228
Publications and Printing.................$ 50,000
Equipment Purchases.......................$ 116,155
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications.................. $ 38,820
Per Diem, Fees and Contracts..............$ 24,400
Capital Outlay..........*.................$ 731,194
Campground Sinking Fund...................$ -0-
Promotion Expenses...................... $ -0-
Total Funds Budgeted......................$ 3,188,317
State Funds Budgeted......................$ -0-
Total Positions Budgeted 64
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
282
GENERAL ACTS AND RESOLUTIONS, VOL. I
Promotion Expenses.......................$ -0-
Payments to the Department
of Natural Resources...................$ 40,000
Total Funds Budgeted.....................$ 6,454,600
State Funds Budgeted.....................$ -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......................$ -0-
Computer Charges.......<.................$ -0-
Real Estate Rentals.................:....$ -0-
Per Diem, Fees and Contracts.............$ 76,000
Capital Outlay......................... $ -0-
Total Funds Budgeted.....................$ 76,000
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services........................$ 3,893,265
Regular Operating Expenses...............$ 2,360,919
Travel............................... $ 24,179
Motor Vehicle Equipment Purchases........$ 92,228
Publications and Printing................$ 68,688
Equipment................................$ 319,885
Computer Charges.........................$ 20,000
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 76,798
Per Diem, Fees and Contracts.............$ 163,700
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 226
Authorized Motor Vehicles 91
GEORGIA LAWS 1983 SESSION
283
Section 33. Department of Offender
Rehabilitation.
A. Budget Unit: Department of Offender
Rehabilitation......................$ 119,391,663
1. General Administration and
Support Budget:
Personal Services...........................$ 3,333,386
Regular Operating Expenses..................$ 243,043
Travel......................................$ 57,030
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................$ 441,363
Utilities...................................$ -0-
Total Funds Budgeted........................$ 5,035,626
Indirect DOAS Services Funding..............$ 415,000
State Funds Budgeted........................$ 4,620,626
Total Positions Budgeted 137
2. Georgia Training and Development
Center Budget:
Personal Services...........................$ 1,322,073
Regular Operating Expenses................ $ 64,095
Travel;.....................................$ 770
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 18,705
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 13,500
Per Diem, Fees and Contracts................$ -0-
Utilities.......g..........................$ 111,680
Total Funds Budgeted........................$ 1,530,823
State Funds Budgeted........................$ 1,530,823
Total Positions Budgeted 66
3. Georgia Industrial Institute
Budget:
Personal Services...........................$ 5,192,051
Regular Operating Expenses..................$ 272,414
Travel......................................$ 3,000
284
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 25,780
Computer Charges.....;.....................$ -0-
Real Estate Rentals........................$ 30
Telecommunications....................... $ 42,470
Per Diem, Fees and Contracts...............$ 2,400
Utilities.............;....,........496,500
Total Funds Budgeted.......................$ 6,034,645
State Funds Budgeted.................6,034,645
Total Positions Budgeted 291
4. Alto Education and Evaluation
Center Budget:
Personal Services........................ $ 1,305,644
Regular Operating Expenses.................$ 56,130
Travel................................... $ 3,400
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing............;......$ -0-
Equipment Purchases...................... $ 4,420
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 4,000
Per Diem, Fees and Contracts...............$ -0-
Utilities.............................*.....$ -0-
Total Funds Budgeted..................... $ 1,373,594
State Funds Budgeted.......................$ 1,169,668
Total Positions Budgeted 50
5. Georgia Diagnostic and
Classification Center Budget:
Personal Services..........................$ 4,963,685
Regular Operating Expenses.................$ 259,602
Travel................................... $ 1,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ -0-
Equipment Purchases............... .......$ 13,915
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 39,645
Per Diem, Fees and Contracts...............$ 3,300
Utilities..................................$ 478,000
Total Funds Budgeted..................... $ 5,759,647
GEORGIA LAWS 1983 SESSION
285
State Funds Budgeted.......................$ 5,759,647
Total Positions Budgeted 281
6. Georgia State Prison Budget:
Personal Services..........................$ 10,968,282
Regular Operating Expenses.................$ 477,600
Travel.....................................$ 6,750
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 116,000
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.......................$ 12,906,232
Indirect DOAS Services Funding.............$ 35,000
State Funds Budgeted..................... $ 12,846,232
Total Positions Budgeted 633
7. Consolidated Branches Budget:
Personal Services........................ $ 8,153,979
Regular Operating Expenses.................$ 423,215
Travel.....................................$ 10,415
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases...................... $ 63,194
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 100,350
Per Diem, Fees and Contracts...............$ 15,360
Utilities..................................$ 760,450
Total Funds Budgeted.......................$ 9,526,963
State Funds Budgeted..................... $ 9,404,083
Total Positions Budgeted 448
8. Middle Georgia Correctional
Institution Budget:
Personal Services..........................$ 10,428,231
Regular Operating Expenses.................$ 417,285
Travel.....................................$ 4,000
Motor Vehicle Equipment Purchases..........$ -0-
286
GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing....................$ -0-
Equipment Purchases.......;.................$ 55,836
Computer Charges.............................$ -0-
Real Estate Rentals..........................$ 10,860
Telecommunications...........................$ 129,378
Per Diem, Fees and Contracts.................$ 4,800
Utilities...............................*...$ 200,000
Payments to Central State
Hospital for Utilities................... $ 680,890
Total Funds Budgeted....................... $ 11,931,280
State Funds Budgeted....................... $ 11,931,280
Total Positions Budgeted 618
9. Jack T. Rutledge Correctional
Institution Budget:
Personal Services............................$ 2,567,133
Regular Operating Expenses...................$ 111,625
Travel..................................... $ 1,200
Motor Vehicle Equipment Purchases..;........$ -0-
Publications and Printing.....Mj............$ -0-
Equipment Purchases.................... ....$ 1,105
Computer Charges........................... $ -0-
Real Estate Rentals............... .........$ -0-
Telecommunications...........................$ 13,000
Per Diem, Fees and Contracts.................$ -0-
Utilities.............................,.....$ 229,310
Total Funds Budgeted.................*......$ 2,923,373
State Funds Budgeted..............*.........$ 2,923,373
Total Positions Budgeted 136
10. Central Correctional
Institution Budget:
Personal Services.......................... $ 2,355,169
Regular Operating Expenses...................$ 80,590
Travel......................................$ 1,575
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing....................$ -0-
Equipment Purchases..........................$ 5,545
Computer Charges........................... $ -0-
Real Estate Rentals..........................$ -0-
Telecommunications.......................... $ 15,750
Per Diem, Fees and Contracts...........................-0-
Utilities....................................$ 211,800
Total Funds Budgeted.........................$ 2,670,429
GEORGIA LAWS 1983 SESSION
287
State Funds Budgeted....................... $ 2,670,429
Total Positions Budgeted 134
11. Metro Correctional
Institution Budget:
Personal Services.......................... $ 3,023,495
Regular Operating Expenses............. ....$ 128,063
Travel......................;......,v.............$ 2,280
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing...............................-0-
Equipment Purchases................................. 5,800
Computer Charges.................................... -0-
Real Estate Rentals...................... $ 8,700
Telecommunications......................... $ 33,000
Per Diem, Fees and Contracts.................$ 10,000
Utilities.................................. $ 209,810
Total Funds Budgeted......................9..$ 3,421,148
State Funds Budgeted.........................$ 3,421,148
Total Positions Budgeted 180
12. Coastal Correctional
Institution Budget:
Personal Services.......................... $ 2,843,584
Regular Operating Expenses...................$ 129,153
Travel..................................... $ 2,100
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing...............................-0-
Equipment Purchases..........................$ 539
Computer Charges..................;..........$ -0-
Real Estate Rentals........................ $ 5,000
Telecommunications...................................37,000
Per Diem, Fees and Contracts.................$ -0-
Utilities...............................,...i$ 208,310
Total Funds Budgeted.........................$ 3,225,686
State Funds Budgeted.........................$ 3,155,686
Total Positions Budgeted 167
13. Central Funds Budget:
Personal Services........................ $ 169,304
Regular Operating Expenses...................$ 369,355
Travel..................................... $ -0-
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing...............I....$ 146,100
Equipment Purchases................................... -0-
288
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Utilities.................................$ -0-
Total Funds Budgeted......................$ 684,759
State Funds Budgeted.................... $ 684,759
Total Positions Budgeted -0-
14. Adult Facilities and
Programs Budget:
Personal Services.........................$ 2,835,549
Regular Operating Expenses.............. $ 3,732,501
Travel....................................$ 60,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 280,487
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 3,000
Telecommunications........................$ 26,270
Per Diem, Fees and Contracts........[.....$ 97,000
Utilities............................... $ -0-
Authority Lease Rentals................. $ 840,000
Court Costs............................. $ 264,000
Inmate Release Funds......................$ 630,000
County Subsidy.......................... $ 6,761,625
County Subsidy for Jails..................$ 912,500
Revolving Fund for County
Workcamp Construction...................$ 92,072
Central Repair Fund.......................$ 500,507
Grants for County Workcamp
Construction.......,....................$ 155,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 17,190,511
State Funds Budgeted......................$ 17,010,511
Total Positions Budgeted 118
15. Training and Staff Development
Center Budget:
Personal Services.........................$ 716,406
Regular Operating Expenses................$ 182,128
Travel..........................................136,347
Motor Vehicle Equipment Purchases.........$ -0-
GEORGIA LAWS 1983 SESSION
289
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.......................$ 1,115,481
State Funds Budgeted..................... $ 1,115,481
Total Positions Budgeted 31
16. D.O.T. Work Details Budget:
Personal Services..................... ...$ 438,695
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......................$ 452,795
State Funds Budgeted............;.........$ -0-
Total Positions Budgeted 27
17. Food Processing and
Distribution Budget:
Personal Services..........................$ 2,835,632
Regular Operating Expenses.................$ 4,549,166
Travel................................... $ 5,950
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..................... $ 1,929,520
290
GENERAL ACTS AND RESOLUTIONS, VOL. I
Payments to Central State
Hospital for Utilities....................$ 45,000
Total Funds Budgeted........................$ 9,539,268
State Funds Budgeted........................$ 8,948,084
Total Positions Budgeted 177
18. Farm Operations Budget:
Personal Services...........................$ 639,500
Regular Operating Expenses..................$ 2,885,785
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........................$ 3,635,185
State Funds Budgeted........................$ 3,605,185
Total Positions Budgeted 33
19. Dodge Correctional
Institution Budget:
Personal Services......................... $ 212,694
Regular Operating Expenses..................$ 403,467
Travel......................................$ 1,500
Motor Vehicle Equipment Purchases...........$ 258,000
Publications and Printing.................i.$ -0-
Equipment Purchases.........................$ 677,084
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 6,000
Telecommunications..........................$ 14,317
Per Diem, Fees and Contracts................$ 15,600
Utilities...................................$ 116,774
Central Repair Fund.........................$ 32,000
Total Funds Budgeted........................$ 1,737,436
State Funds Budgeted........................$ 1,737,436
Total Positions Budgeted 136
20. Transitional Centers Budget:
Personal Services...........................$ 2,256,923
Regular Operating Expenses..................$ 187,970
GEORGIA LAWS 1983 SESSION
291
Travel.................................... $ 4,800
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 14,000
Computer Charges............................$ -0-
Real Estate Rentals.........;,.............$ 201,800
Telecommunications..........................$ 32,800
Per Diem, Fees and Contracts................$ 5,800
Utilities................................. $ t 221,000
Capital Outlay........................... $ -0-
Total Funds Budgeted........................$ 2,925,093
State Funds Budgeted......................$ 2,925,093
Total Positions Budgeted 116
21. Augusta Correctional and
Medical Institution Budget:
Personal Services...........................$ 2,846,490
Regular Operating Expenses..................$ 137,333
Travel.................................. $ 3,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing................. $ -0-
Equipment Purchases....................... $ 350
Computer Charges............................$ -0-
Real Estate Rentals..................[.....$ 8,700
Telecommunications........................ $ 20,633
Per Diem, Fees and Contracts................$ 3,200
Utilities...................................$ 266,291
Total Funds Budgeted........................$ 3,285,997
State Funds Budgeted........................$ 3,285,997
Total Positions Budgeted 245
22. Health Care Budget:
Personal Services...........................$ 4,613,247
Regular Operating Expenses................ $ 1,127,927
Travel..................................... $ 3,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ -0-
Equipment Purchases..................-.....$ 36,204
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 2,500
Per Diem, Fees and Contracts................$ 51,800
Utilities...................................$ -0-
292
GENERAL ACTS AND RESOLUTIONS, VOL. I
Payments to Jails for State
Prisoner Medical Costs.............h....$ 219,000
Health Service Purchases...t....1.........$ 8,557,799
Total Funds Budgeted.......................$ 14,611,477
State Funds Budgeted..................... $ 14,611,477
Total Positions Budgeted 239
Budget Unit Object Classes:
Personal Services..........................$ 74,021,152
Regular Operating Expenses.................$ 16,252,547
Travel.....................................$ 308,617
Motor Vehicle Equipment
Purchases............................ $ 258,000
Publications and Printing................ $ 148,700
Equipment Purchases........................$ 1,573,264
Computer Charges......................... $ 546,104
Real Estate Rentals........................$ 503,090
Telecommunications.........|.................$ 793,813
Per Diem, Fees and Contracts...............$ 764,323
Utilities..................................$ 4,727,925
Payments to Central State
Hospital for Meals...................... $ 1,929,520
Payments to Central State
Hospital for Utilities.........................725,890
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...................$ 8,557,799
Central Repair Fund.............,.........$ 532,507
Authority Lease Rentals....................$ 840,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 4,263
Authorized Motor Vehicles 427
It is the intent of this General Assembly that,
with respect to the Legal Services Program for
GEORGIA LAWS 1983 SESSION
293
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 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............................$ 5,735,192
Board of Pardons and Paroles Budget:
Personal Services........................ $ 4,988,628
Regular Operating Expenses.................$ M26,737
Travel.....................................$ 211,770
Motor Vehicle Equipment Purchases..........$ 92,600
Publications and Printing..................$ 14,500
Equipment Purchases...............;........$ 15,137
Computer Charges...........................$ 6,500
Real Estate Rentals............. .........$ 127,620
Telecommunications....................... $ 106,000
Per Diem, Fees and Contracts...............$ 37,200
County Jail Subsidy........................$ 37,200
Total Funds Budgeted.......................$ 5,763,892
State Funds Budgeted.......................$ 5,735,192
Total Positions Budgeted 237
Budget Unit Object Classes:
Personal Services...................... $ 4,988,628
Regular Operating Expenses.................$ 126,737
Travel.....................................$ 211,770
Motor Vehicle Equipment Purchases..........$ 92,600
Publications and Printing..................$ 14,500
Equipment Purchases........................$ 15,137
294
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..............................$ 6,500
Real Estate Rentals................I.........$ 127,620
Telecommunications............................$ 106,000
Per Diem, Fees and Contracts..................$ 37,200
County Jail Subsidy...........................$ 37,200
Total Positions Budgeted 237
Authorized Motor Vehicles 15
C. Budget Unit: Georgia Correctional
Industries........;.................$ -0-
Georgia Correctional Industries Budget:
Personal Services......................... $ 1,555,907
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..:.v................... ;....$ 3,938,000
Repayment of Prior Years
Appropriations...................:.......$ 84,000
Capital Outlay.............................$ -0-
Total Funds Budgeted..........................$ 6,762,207
State Funds Budgeted......................... $ -0-
Total Positions Budgeted 66
Budget Unit Object Classes:
Personal Services............................. 1,555,907
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
GEORGIA LAWS 1983 SESSION
295
Capital Outlay..................... ......$ -0-
Total Positions Budgeted 66
Authorized Motor Vehicles 16
D. Budget Unit: Probation Division
Operations........................ $ 17,158,608
1. Probation Operations Budget:
Personal Services.................. ....$ 13,383,097
Regular Operating Expenses.................$ 347,864
Travel................................. $ 295,260
Motor Vehicle Equipment
Purchases...............................$ 0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 50,242
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 267,250
Telecommunications..................... $ 201,180
Utilities..................................$ 5,500
Per Diem, Fees and Contracts...............$ 3,000
Grants for Independent
Probation Systems....................;...$ 160,000
Total Funds Budgeted.......................$ 14,713,393
State Funds Budgeted..................... $ 13,985,186
Total Positions Budgeted 668
2. Diversion Centers Budget:
Personal Services........................ $ 2,924,551
Regular Operating Expenses............... $ 211,195
Travel............................................16,550
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases.........I..............$ 63,816
Computer Charges...................... ...$ -0-
Real Estate Rentals........................$ 258,310
Telecommunications.........................$ 44,000
Utilities................................. $ 170,000
Per Diem, Fees and Contracts............. $ -0-
Total Funds Budgeted.......................$ 3,688,422
State Funds Budgeted..................... $ 3,173,422
Total Positions Budgeted 157
Budget Unit Object Classes:
Personal Services..........................$ 16,307,648
Regular Operating Expenses.................$ 559,059
296 GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.................................. $ 311,810
Motor Vehicle Equipment
Purchases............................ $ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 114,058
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 525,560
Telecommunications...................... $ 245,180
Utilities............................ $ 175,500
Per Diem, Fees and Contracts..............$ 3,000
Grants for Independent
Probation Systems.......................$ 160,000
Total Positions Budgeted 825
Authorized Motor Vehicles 92
Section 34. Department of Public Safety.
Budget Unit: Department of Public
Safety........................ $ 47,846,330
1. Office of Highway Safety Budget:
Personal Services.........................$ 310,816
Regular Operating Expenses................$ 25,009
Travel.................................. $ 17,500
Motor Vehicle Equipment Purchases.........$ 16,000
Publications and Printing.................$ 5,000
Equipment Purchases..................... $ 800
Computer Charges..........................$ 9,250
Real Estate Rentals.......................$ 36,700
Telecommunications...................... $ 18,000
Per Diem, Fees and Contracts..............$ 64,400
Postage...................................$ 4,500
Total Funds Budgeted......................$ 507,975
State Funds Budgeted......................$ 108,488
Total Positions Budgeted 11
2. Administration Budget:
Personal Services.................... ...$ 3,612,585
Regular Operating Expenses........... ...$ 1,268,825
Travel....................................$ 79,702
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 139,751
Equipment Purchases.......................$ 6,755
Computer Charges..........................$ 28,280
Real Estate Rentals.......................$ -0-
GEORGIA LAWS 1983 SESSION
297
Telecommunications..........................$ 130,000
Per Diem, Fees and Contracts................$ 74,404
Postage.....................................$ 40,000
Total Funds Budgeted........................$ 5,380,302
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 5,257,474
Total Positions Budgeted 173
3. Driver Services Budget:
Personal Services........................ $ 5,471,030
Regular Operating Expenses..................$ 191,618
Travel......................................$ 2,695
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 671,000
Equipment Purchases.........................$ 6,855
Computer Charges............................$ 2,048,214
Real Estate Rentals....................... $ 6,198
Telecommunications..........................$ 47,200
Per Diem, Fees and Contracts................$ 500
Postage................................. $ 435,000
Conviction Reports..........................$ 180,000
Capital Outlay............................ $ -0-
Total Funds Budgeted........................$ 9,060,310
Indirect DOAS Services Funding..............$ 1,500,000
State Funds Budgeted........................$ 7,560,310
Total Positions Budgeted 308
4. Field Operations Budget:
Personal Services...........................$ 25,061,693
Regular Operating Expenses..................$ 4,311,830
Travel......................................$ 14,585
Motor Vehicle Equipment
Purchases................................$ 1,138,286
Publications and Printing...................$ 200,000
Equipment Purchases.........................$ 178,663
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........................$ 31,200,853
Indirect DOAS Services Funding..............$ 150,000
298
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 31,030,903
Total Positions Budgeted 981
5. Georgia Peace Officer Standards
and Training Budget:
Personal Services.........................$ 648,995
Regular Operating Expenses................$ 89,082
Travel....................................$ 25,061
Motor Vehicle Equipment Purchases.........$ 22,432
Publications and Printing.................$ 22,163
Equipment Purchases.......................$ 2,650
Computer Charges..........................$ 41,825
Real Estate Rentals.......................$ 45,000
Telecommunications........................$ 19,400
Per Diem, Fees and Contracts..............$ 23,488
Postage................................. $ 5,579
Peace Officers Training Grants............$ 1,487,274
Total Funds Budgeted......................$ 2,432,949
State Funds Budgeted......................$ 2,365,514
Total Positions Budgeted 25
6. Police Academy:
Personal Services..,......................$ 451,256
Regular Operating Expenses................$ 122,750
Travel....................................$ 6,300
Motor Vehicle Equipment Purchases.........$ 7,500
Publications and Printing.................$ 8,200
Equipment Purchases.......................$ 3,480
Computer Charges..........................$ 8,830
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 9,300
Per Diem, Fees and Contracts..............$ 74,297
Postage...................................$ 2,400
Total Funds Budgeted......................$ 694,313
State Funds Budgeted......,............. $ 671,313
Total Positions Budgeted 16
7. Fire Academy:
Personal Services.........................$ 277,885
Regular Operating Expenses................$ 37,775
Travel................................... $ 10,000
Motor Vehicle Equipment Purchases.........$ 17,500
Publications and Printing.................$ 2,800
Equipment Purchases.......................$ 15,000
GEORGIA LAWS 1983 SESSION
299
Computer Charges.............................. 58,644
Real Estate Rentals......................$ 15,182
Telecommunications.......................$ 7,500
Per Diem, Fees and Contracts........... $ 75,452
Postage..................................$ 5,500
Total Funds Budgeted.....................$ 523,238
State Funds Budgeted.....................$ 478,136
Total Positions Budgeted 12
8. Georgia Firefighter Standards and
Training Council Budget:
Personal Services........................$ 114,711
Regular Operating Expenses...............$ 7,362
Travel...................................$ 4,600
Motor Vehicle Equipment Purchases........$ 7,500
Publications and Printing................$ 2,000
Equipment Purchases.................... $ 2,000
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 3,000
Telecommunications.......................$ 3,600
Per Diem, Fees and Contracts.............$ 1,000
Postage..................................$ 1,100
Total Funds Budgeted................... $ 146,873
State Funds Budgeted.....................$ 146,873
Total Positions Budgeted 4
9. Organized Crime Prevention
Council Budget:
Personal Services........................$ 111,980
Regular Operating Expenses...............$ 11,882
Travel...................................$ 7,550
Motor Vehicle Equipment Purchases........$ 7,500
Publications and Printing................$ 1,200
Equipment Purchases.................... $ -0-
Computer Charges....................... $ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 2,497
Per Diem, Fees and Contracts.............$ 15,000
Postage..................................$ 400
Total Funds Budgeted.....................$ 158,009
State Funds Budgeted.....................$ 158,009
Total Positions Budgeted 3
300
GENERAL ACTS AND RESOLUTIONS, VOL. I
10. Georgia Public Safety
Training Facility Budget:
Personal Services.........................$ 88,320
Regular Operating Expenses................$ 850
Travel....................................$ 5,601
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 200
Equipment Purchases.......| ............$ 600
Computer Charges..........................$ -0-
Real Estate Rentals....NS................$ -0-
Telecommunications........................$ 3,000
Per Diem, Fees and Contracts..............$ 6,246
Capital Outlay.......................... $ -0-
Total Funds Budgeted......................$ 104,817
State Funds Budgeted......................$ 69,310
Total Positions Budgeted 3
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services............................36,149,271
Regular Operating Expenses................$ 6,066,983
Travel....................................$ 173,594
Motor Vehicle Equipment
Purchases...............................$ 1,216,718
Publications and Printing..........I.....$ 1,052,314
Equipment Purchases........i.............$ 216,803
Computer Charges ....................... $ 2,195,043
Real Estate Rentals..................... $ 107,976
Telecommunications........................$ 490,497
Per Diem, Fees and Contracts..............$ 342,687
Postage................................. $ 530,479
Conviction Reports...................... $ 180,000
Peace Officers Training Grant.............$ 1,487,274
Capital Outlay.....................;........$ -0-
Total Positions Budgeted 1,536
Authorized Motor Vehicles 1,099
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 1983 SESSION
301
Provided, however, that of the above appropri-
ation for Conviction Reports, payment for convic-
tion reports is not to exceed $.25 per conviction
report.
Provided that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Georgia Peace Officers Stan-
dards and Training Activity of this Act, the Office
of Planning and Budget is authorized and directed
to supplant State Funds appropriated herein. Pro-
vided further that such supplantation shall not be
implemented if so doing would cause any portion
of the anticipated Federal Funds not to be realized.
This provision shall not apply to project grants.
It is the intent of this General Assembly that
for the purpose of purchasing Police Pursuit Motor
Vehicles, the Department of Public Safety is here-
inafter authorized to develop and establish speci-
fications for said purchases of Police Pursuit
Vehicles when such purchases are made by the
State of Georgia, or otherwise placed a part of a
State of Georgia Contract. Provided, further, that
the development of said specifications shall be
submitted to the Purchasing Division of the
Department of Administrative Services by
November 1 of each year. Provided, further, the
Department of Administrative Services is hereby
instructed to complete said specifications and
place to bid for the letting of contracts by
December 1 of such fiscal year.
Section 35. Public School Employees
Retirement System.
Budget Unit: Public School Employees
Retirement System................$ 11,978,100
Departmental Operations Budget:
Payments to Employees
Retirement System......................$ 160,000
Employer Contributions...................$ 11,818,100
302
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted......................$ 11,978,100
State Funds Budgeted......................$ 11,978,100
Budget Unit Object Classes:
Payments to Employees
Retirement System.......................$ 160,000
Employer Contributions....................$ 11,818,100
Section 36. Public Service Commission.
Budget Unit: Public Service
Commission.................... $ 3,749,289
1. Administration Budget:
Personal Services.........................$ 743,959
Regular Operating Expenses.............. $ 31,301
Travel................................ $ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 1,200
Equipment Purchases................... $ 876
Computer Charges.........f................$ -0-
Real Estate Rentals.......................$ 64,275
Telecommunications........................$ 27,427
Per Diem, Fees and Contracts..............$ 5,500
Total Funds Budgeted......................$ 882,538
State Funds Budgeted......................$ 881,538
Total Positions Budgeted 22
2. Transportation Budget:
Personal Services..................... $ 1,007,577
Regular Operating Expenses................$ 138,455
Travel....................................$ 38,079
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,500
Equipment Purchases.......................$ -0-
Computer Charges .........................$ 45,000
Real Estate Rentals.......................$ 59,029
Telecommunications........................$ 23,042
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,320,682
State Funds Budgeted......................$ 1,320,682
Total Positions Budgeted 47
GEORGIA LAWS 1983 SESSION
303
3. Utilities Budget:
Personal Services...........................$ 1,337,329
Regular Operating Expenses..................$ 45,275
Travel.............................................54,794
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 2,200
Equipment Purchases.........................$ 3,720
Computer Charges...................................12,000
Real Estate Rentals.........................$ 67,889
Telecommunications..........................$ 32,761
Per Diem, Fees and Contracts................$ 46,302
Total Funds Budgeted........................$ 1,602,270
State Funds Budgeted........................$ 1,547,069
Total Positions Budgeted 50
Budget Unit Object Classes:
Personal Services...........................$ 3,088,865
Regular Operating Expenses..................$ 215,031
Travel....ggj....................... ......$ 100,873
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 12,900
Equipment Purchases.........................$ 4,596
Computer Charges............................$ 57,000
Real Estate Rentals.........................$ 191,193
Telecommunications..........................$ 83,230
Per Diem, Fees and Contracts................$ 51,802
Total Positions Budgeted 119
Authorized Motor Vehicles 26
Section 37. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions.................$ 516,783,851
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 411,480,622
Sponsored Operations.................... $ 56,703,427
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 102,217,719
Sponsored Operations.....................$ 57,296,573
304
GENERAL ACTS AND RESOLUTIONS, VOL. I
Office of Minority
Business Enterprise.......................$ 236,882
Special Desegregation Programs..............$ 256,524
Satellite Medical Facility
Program..............................500,000
Teachers Retirement........................$ 50,316,904
Authority Lease Rentals.....................$ 16,367,000
Capital Outlay.......................845,000
Total Funds Budgeted........................$ 696,220,651
Less Agency Funds:
Departmental Income....................... $ 14,600,000
Sponsored Income............................$ 114,000,000
Other Funds................................$ 119,153,761
Auxiliary Income............................$ 2,782,000
Indirect Communication Charges..............$ 3,027,300
State Funds Budgeted........................$ 442,657,590
Total Positions Budgeted 16,849
Provided, that from appropriated funds in this
budget unit, the amount of $16,367,000 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 1983 SESSION
305
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 $2,000,000 shall not be available for opera-
tions unless prior approval is granted by the Fiscal
Affairs Subcommittees of the House and Senate,
except that student fee revenue derived from
increased rates authorized by the State Board of
Regents shall not be subject to this limitation.
Provided, further, that revenue from sales and
services shall be classified as restricted funds and
shall be available for use by the unit of the Univer-
sity System generating such income.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
Provided, the Board of Regents is authorized to
transfer other object class surpluses to Capital
Outlay and Equipment Purchases without
approval of the Office of Planning and Budget or
the Fiscal Affairs Sub-Committees.
306
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 566,434
Sponsored Operations................... $ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 265,682
Sponsored Operations.....................$ -0-
Total Funds Budgeted..................... $ 832,116
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income......................ni...$ -0-
Other Funds................................$ 132,376
Indirect DO AS Services Funding............$ 9,800
State Funds Budgeted.......................$ 689,940
Total Positions Budgeted 27
3. Skidaway Institute of
Oceanography Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 754,983
Sponsored Operations.....................$ 675,000
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 515,000
Sponsored Operations.....................$ 875,000
Total Funds Budgeted..................... $ 2,819,983
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 1,550,000
Other Funds.............................. $ 340,316
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 929,667
Total Positions Budgeted 35
4. Marine Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 352,780
Sponsored Operations.....................$ 154,750
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 169,000
Sponsored Operations................... $ 120,250
Total Funds Budgeted..................... $ 796,780
GEORGIA LAWS 1983 SESSION
307
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 275,000
Other Funds................................$ 7,296
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 514,484
Total Positions Budgeted 19
5. Engineering Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 9,117,265
Sponsored Operations....................$ 21,600,000
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 6,717,254
Sponsored Operations....................$ 17,891,438
Agricultural Research.................... $ 420,887
Total Funds Budgeted.......................$ 55,746,844
Less Agency Funds:
Departmental Income...................... $ -0-
Sponsored Income...........................$ 39,491,438
Other Funds............................ $ 11,120,624
Indirect DOAS Services Funding.............$ 117,600
State Funds Budgeted..................... $ 5,017,182
Total Positions Budgeted 312
6. Engineering Extension
Division Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 1,026,189
Sponsored Operations....................$ 35,000
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 691,031
Sponsored Operations.................. $ 15,000
Advanced Technology
Development Center.................... $ 409,557
Total Funds Budgeted.......................$ 2,176,777
Less Agency Funds:
Departmental Income...................... $ -0-
Sponsored Income...........................$ 50,000
Other Funds................................$ 1,209,391
Indirect DOAS Services Funding.............$ 12,200
308
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......... ..............$ 905,186
Total Positions Budgeted 37
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 18,241,224
Sponsored Operations.....................$ 3,700,000
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 7,378,220
Sponsored Operations.....................$ 2,000,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 31,319,444
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...................... $ 18,947,344
Total Positions Budgeted 855
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 20,691,973
Sponsored Operations.....................$ 4,590,000
Operating Expenses:
Educ., Gen., and Dept. Svcs........... $ 3,108,990
Sponsored Operations.....................$ 2,010,000
Total Funds Budgeted........................$ 30,400,963
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........................$ 18,469,263
Total Positions Budgeted 960
9. Eugene Talmadge Memorial
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 44,020,720
Sponsored Operations.....................$ 2,377,513
GEORGIA LAWS 1983 SESSION
309
Operating Expenses:
Educ., Gen., and Dept. Svcs......................$ 19,035,532
Sponsored Operations........;.................$ 611,238
Capital Outlay - ETMH
Renovations............................. $ -0-
Total Funds Budgeted............................$ 66,045,003
Less Agency Funds:
Departmental Income.......;........................1,125,099
Sponsored Income.............................. $ 2,988,751
Other Funds........................................$ 38,171,156
Board of Corrections.......:.......................$ 1,557,624
Indirect DOAS Services Funding..................$ 193,500
State Funds Budgeted.......................... $ 22,008,873
Total Positions Budgeted 2,902
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...................$ 889,749
Sponsored Operations..........................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs...................$ 376,236
Sponsored Operations ..........................;.$ -0-
Agricultural Research...........................$ 299,731
Disease Research............................ $ -0-
Fire Ant Research.................................. 150,000
Total Funds Budgeted....................... ...$ 1,715,716
Less Agency Funds:
Departmental Income..................... ......$ -0-
Sponsored Income................................$ -0-
Other Funds................................... $ -0-
Indirect DOAS Services Funding..................$ -0-
State Funds Budgeted.......................... $ 1,715,716
Total Positions Budgeted 45
11. Veterinary Medicine Teaching
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...................$ 770,416
Sponsored Operations........................ $ -0-
310
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 883,567
Sponsored Operations................... $ -0-
Total Funds Budgeted.......................$ 1,653,983
Less Agency Funds:
Departmental Income.................... $ -0-
Sponsored Income...........................$ -0-
Other Funds............................ $ 1,318,648
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 335,335
Total Positions Budgeted 65
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 111,268
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 88,778
Capitation Contracts for
Family Practice Residency................$ 1,900,000
Residency Capitation Grants................$ 1,785,000
New Program Development Contracts
for Family Practice Residency............$ 150,000
Student Preceptorships.....................$ 185,000
Total Funds Budgeted.....................$ 4,220,046
State Funds Budgeted.......................$ 4,220,046
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 $500.
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 574,195
Sponsored Operations.....................$ -0-
GEORGIA LAWS 1983 SESSION 311
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 292,420
Sponsored Operations....................$ -0-
Total Funds Budgeted.......................$ 866,615
Less Agency Funds:
Departmental Income....................... $ -0-
Sponsored Income...........................$ -0-
Other Funds......................... .....$ 493,390
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 373,225
Total Positions Budgeted 34
Budget Unit Object Classes:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 508,597,818
Sponsored Operations....................$ 89,835,690
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 141,739,429
Sponsored Operations....................$ 80,819,499
Office of Minority
Business Enterprise................... $ 236,882
Special Desegregation Programs.............$ 256,524
Satellite Medical Facility
Program............................... $ 500,000
Fire Ant Research..........................$ 150,000
Agricultural Research.................... $ 720,618
Disease Research......................... $ -0-
Advanced Technology
Development Center......................$ 409,557
Capitation Contracts for
Family Practice Residency.............. $ 1,900,000
New Program Development
Contracts for Family
Practice Residency................. ...$ 150,000
Residency Capitation Grants................$ 1,785,000
Student Preceptorships................... $ 185,000
Teachers Retirement..................... $ 50,316,904
Authority Lease Rentals....................$ 16,367,000
Capital Outlay - ETMH
Renovations....................... $ -0-
Capital Outlay.............................$ 845,000
Total Positions Budgeted 22,144
312
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..........$ 15,142,252
Regents Central Office Budget:
Personal Services.......................... $ 2,702,870
Operating Expenses..........................$ 653,960
SREB Payments..............................$ 4,402,833
Medical Scholarships........................$ 547,500
Regents Opportunity Grants..................$ 500,000
Regents Scholarships........................$ 200,000
Grants to Junior Colleges......i............$ 5,983,628
Rental Payments to Georgia
Military College.................... $ 190,000
Central Savannah River Area
Business League..................... $ -0-
Total Funds Budgeted...................... $ 15,180,791
State Funds Budgeted........................$ 15,142,252
Total Positions Budgeted 98
Budget Unit Object Classes:
Personal Services...............................2,702,870
Operating Expenses........................ $ 653,960
SREB Payments......................... $ 4,402,833
Medical Scholarships...........V...........$ 547,500
Regents Opportunity Grants..................$ 500,000
Regents Scholarships...................... $ 200,000
Grants to Junior Colleges................. $ 5,983,628
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 $776 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
GEORGIA LAWS 1983 SESSION
313
C. Budget Unit: Georgia Public
Telecommunications
Commission.........................$ 3,987,727
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 2,851,255
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 2,965,746
Sponsored Operations.................. $ -0-
Total Funds Budgeted......................$ 5,817,001
Less Agency Funds:
Departmental Income..................... $ -0-
Sponsored Income..........................$ -0-
Other Funds............................. $ 1,829,274
Indirect DOAS Services Funding............$ -0-
State Funds Budgeted......................$ 3,987,727
Total Positions Budgeted 137
Budget Unit Object Classes:
Personal Services...................... $ 2,851,255
Operating Expenses........................$ 2,965,746
Total Positions Budgeted 137
Authorized Motor Vehicles 14
Section 38. Department of Revenue.
Budget Unit: Department of Revenue............$ 34,218,422
1. Departmental Administration
Budget:
Personal Services.........................$ 1,073,353
County Tax Officials/Retirement
and FICA................................$ 610,000
Regular Operating Expenses................$ 96,926
Travel................................ $ 7,150
Motor Vehicle Equipment Purchases.........$ 8,670
Publications and Printing.................$ 17,000
Equipment Purchases.......................$ 2,335
Computer Charges..........................$ 5,000
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 23,000
Per Diem, Fees and Contracts..............$ 3,000
Postage................................. $ 150
314
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 1,846,584
Indirect Georgia Building
Authority Rents...........................$ -0-
State Funds Budgeted........................$ 1,827,584
Total Positions Budgeted 32
2. Motor Vehicle Administration
Budget:
Personal Services...........................$ 4,931,372
Regular Operating Expenses..................$ 250,850
Travel.................................... $ 2,800
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 416,380
Equipment Purchases.........................$ 60,400
Computer Charges............................$ 2,612,918
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 85,000
Per Diem, Fees and Contracts................$ -0-
Motor Vehicle Tag Purchases.................$ 1,078,000
Motor Vehicle Decal Purchases...............$ 33,500
Postage................................. $ -0-
Total Funds Budgeted...................... $ 9,471,220
Indirect DOAS Services Funding..............$ 1,316,049
State Funds Budgeted.......................$ 8,155,171
Total Positions Budgeted 242
Provided, that of the above appropriated
amount relating to motor vehicle tag purchases,
$1,078,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
1,100,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production.
3. Property Tax Budget:
Personal Services.........................$ 1,230,931
Regular Operating Expenses..........:.....$ 55,453
Travel.................................. $ 74,000
Motor Vehicle Equipment Purchases......$ 18,900
GEORGIA LAWS 1983 SESSION
315
Publications and Printing..................$ 86,500
Equipment Purchases.................... $ 1,450
Computer Charges...........................$ 198,693
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...................................$ 1,358,500
Postage....................................$ 12,500
Total Funds Budgeted.......................$ 3,203,127
Repayment of Loans to
Counties/Property Revaluation...........$ -0-
Indirect DOAS Services Funding.............$ 288,400
State Funds Budgeted..................... $ 2,914,727
Total Positions Budgeted 55
4. Sales Taxation Budget:
Personal Services..........................$ 1,480,770
Regular Operating Expenses.................$ 16,704
Travel....................1...............$ 1,125
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 70,550
Equipment Purchases........................$ 5,140
Computer Charges...........................$ 476,572
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 26,000
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 100,500
Total Funds Budgeted.......................$ 2,177,361
Indirect DOAS Services Funding.............$ 352,000
State Funds Budgeted..........................1,825,361
Total Positions Budgeted 83
5. Motor Fuel Taxation Budget:
Personal Services..........................$ 694,671
Regular Operating Expenses................ $ 5,300
Travel.....................................$ 800
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 53,000
Equipment Purchases........................$ 1,350
Computer Charges......................... $ 219,811
Real Estate Rentals........................$ -0-
316
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications...........Id............$ 13,300
Per Diem, Fees and Contracts...............$ -0-
Postage.................................. $ -0-
Total Funds Budgeted.......................$ 988,232
Indirect DOAS Services Funding.............$ 187,375
State Funds Budgeted.......................$ 800,857
Total Positions Budgeted 36
6. Income Taxation Budget:
Personal Services..........................$ 2,627,127
Regular Operating Expenses.................$ 44,600
Travel................................. $ 1,700
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 337,250
Equipment Purchases...................... $ 14,650
Computer Charges...................(pS.....$ 2,096,950
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 43,417
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 296,576
Total Funds Budgeted..................... $ 5,462,270
Indirect DOAS Services Funding.............$ 1,533,590
State Funds Budgeted.......................$ 3,928,680
Total Positions Budgeted 128
7. Central Audit Budget:
Personal Services..........................$ 2,400,757
Regular Operating Expenses.................$ 14,820
Travel.............................. ;...$ 470,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing.............;....$ 3,200
Equipment Purchases ..............AO......$ 2,800
Computer Charges...............:...........$ 4,000
Real Estate Rentals...................... $ -0-
Telecommunications....................... $ 19,030
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 75
Total Funds Budgeted.......................$ 2,915,182
State Funds Budgeted.......................$ 2,915,182
Total Positions Budgeted 82
8. Field Audit Services Budget:
Personal Services..........................$ 6,664,189
Regular Operating Expenses.................$ 198,365
GEORGIA LAWS 1983 SESSION 317
Travel.....................................$ 297,000
Motor Vehicle Equipment Purchases..........$ 31,425
Publications and Printing..................$ 49,200
Equipment Purchases........................$ 23,202
Computer Charges...........................$ 96,200
Real Estate Rentals........................$ 225,165
Telecommunications.........................$ 200,000
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 64,300
Total Funds Budgeted.......................$ 7,849,046
Indirect DOAS Services Funding.............$ 167,586
State Funds Budgeted.......................$ 7,681,460
Total Positions Budgeted 306
9. Internal Administration Budget:
Personal Services...................... $ 1,397,889
Regular Operating Expenses.................$ 148,980
Travel................................. $ 800
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 336,000
Equipment Purchases........................$ 21,600
Computer Charges......................... $ 123,604
Real Estate Rentals........................$ 852,872
Telecommunications.........................$ 13,700
Per Diem, Fees and Contracts...............$ -0-
Postage................................ $ 1,273,955
Total Funds Budgeted.......................$ 4,169,400
Indirect Georgia Building
Authority Rents.........................$ -0-
State Funds Budgeted.......................$ 4,169,400
Total Positions Budgeted 69
Budget Unit Object Classes:
Personal Services..........................$ 22,501,059
County Tax Officials/Retirement
and FICA................................$ 610,000
Regular Operating Expenses.................$ 831,998
Travel.....................................$ 855,875
Motor Vehicle Equipment
Purchases...............................$ 58,995
Publications and Printing..................$ 1,369,080
Equipment Purchases........................$ 132,927
Computer Charges...........................$ 5,833,748
Real Estate Rentals........................$ 1,078,037
318
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications...................... $ 444,647
Per Diem, Fees and Contracts..............$ 148,000
Loans to Counties/Property
Reevaluation..................i:.......$ -0-
Grants to Counties/Appraisal
Staff.............................. $ 1,358,500
Motor Vehicle Tag Purchases...............$ 1,078,000
Motor Vehicle Decal Purchases.............$ 33,500
Postage............................ $ 1,748,056
Total Positions Budgeted 1,033
Authorized Motor Vehicles 60
Section 39. Secretary of State.
A. Budget Unit: Secretary of State............$ 12,458,314
1. Occupational Certification Budget:
Personal Services..........|.............$ 2,727,286
Regular Operating Expenses...............$ 766,096
Travel...................................$ 85,172
Motor Vehicle Equipment Purchases........$ 12,400
Publications and Printing............. $ 77,820
Equipment Purchases......................$ 16,023
Computer Charges.....................;...$ 95,000
Real Estate Rentals............. ........$ 211,144
Telecommunications.......................$ 85,043
Per Diem, Fees and Contracts..............$ 298,171
Postage..........................;....,...$ 140,000
Total Funds Budgeted..................... $ 4,514,155
State Funds Budgeted.................... $ 4,514,155
Total Positions Budgeted 133
Occupational Certification Functional Budgets
Board Cost of
Costs Operations
Accounting $ 118,744 $ 213,459
2,855
1,265
Athletic Trainers
$
745
$
GEORGIA LAWS 1983 SESSION
319
Auctioneers
Barbers
Chiropractic
Construction Industry
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
$ 3,459 $
$ 8,140 $
$ 6,043 $
$ 47,098 $
$ 21,129 $
$ 35,630 $
$ 52,605 $
$ 2,297 $
$ 14,675 $
$ 1,784 $
$ 4,004 $
$ 6,506 $
$ 1,707 $
$ -0- $
$ 192,927 $
$ 9,920 $
$ 107,394 $
$ 4,968 $
$ 5,725 $
$ 1,589 $
29,012
162,127
40,679
241,667
600,465
192,910
255,111
20,236
117,245
14,921
23,504
15,408
13,675
-0-
721,247
21,092
614,232
28,959
27,314
7,240
320
GENERAL ACTS AND RESOLUTIONS, VOL. I
Pest Control
Pharmacy
Physical Therapy
Podiatry
Polygraph Examiners
Practical Nursing
Private Detective
Psychologists
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
Veterinary
Wastewater
Well Water
Total
$ 6,338 $
$ 60,323 $
$ 9,779 $
$ 1,675 $
$ 1,325 $
$ 56,905 $
$ 13,384 $
$ 17,343 $
$ 2,556 $
$ 4,304 $
$ 3,164 $
$ 9,189 $
$ 3,950 $
$ 18,614 $
$ 6,529 $
$ 6,623 $
$ 903,167 $
64,811
300,524
20,246
12,965
10,399
320,390
235,107
45,395
18,226
16,118
13,528
151,080
30,158
61,113
50,416
18,831
4,823,930
2. Securities Regulation Budget:
Personal Services.........................$ 462,192
Regular Operating Expenses................$ 31,198
Travel.................................. $ 7,110
Motor Vehicle Equipment Purchases.........$ 19,440
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 47,915
Real Estate Rentals.......................$ 17,290
GEORGIA LAWS 1983 SESSION
321
Telecommunications.........,...............$ 10,982
Per Diem, Fees and Contracts..............$ 2,100
Postage...................................$ 400
Total Funds Budgeted.............-........$ 602,627
State Funds Budgeted......................$ 602,627
Total Positions Budgeted 18
3. Corporations Regulation Budget:
Personal Services..................... ..$ 546,665
Regular Operating Expenses..................$ 18,204
Travel....................................$ 1,263
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing...........,.....$ 15,539
Equipment Purchases.......................$ 300
Computer Charges..........................$ 66,803
Real Estate Rentals.......................$ 81,480
T elecommunications..............:.........$ 32,520
Per Diem, Fees and Contracts ............$ -0-
Postage.................................. $ 36,000
Total Funds Budgeted......................$ 798,774
State Funds Budgeted......................$ 798,774
Total Positions Budgeted 31
4. Drugs and Narcotics Budget:
Personal Services.........................$ 418,282
Regular Operating Expenses................$ 34,822
Travel....................................$ 22,550
Motor Vehicle Equipment Purchases.........$ 12,700
Publications and Printing............... $ 300
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 5,782
Telecommunications.................... $ 7,545
Per Diem, Fees and Contracts..............$ 1,745
Postage................................. $ 2,500
Total Funds Budgeted......................$ 506,226
State Funds Budgeted......................$ 506,226
Total Positions Budgeted 15
5. Archives and Records Budget:
Personal Services.........................$ 1,931,617
Regular Operating Expenses................$ 222,077
Travel.................................. $ 22,782
Motor Vehicle Equipment Purchases.........$ -0-
322
GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing................$ 14,600
Equipment Purchases......(KfflRi..........$ 31,465
Computer Charges...................-0-
Real Estate Rentals.......................$ 30,386
Telecommunications........................$ 53,201
Per Diem, Fees and Contracts..............$ 2,000
Postage...................................$ 20,042
Authority Lease Rentals..................$ 1,276,000
Total Funds Budgeted.........................3,604,170
State Funds Budgeted......................$ 3,566,170
Total Positions Budgeted 82
6. General Services Budget:
Personal Services.........................$ 572,804
Regular Operating Expenses................$ 30,227
Travel.............................;........$ 282
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 110,860
Equipment Purchases...........,..........$ 828
Computer Charges..........................$ 12,047
Real Estate Rentals.......................$ 6,085
Telecommunications........................$ 18,296
Per Diem, Fees and Contracts..............$ 200
Postage................................. $ 21,411
Total Funds Budgeted......................$ 773,040
State Funds Budgeted......................$ 773,040
Total Positions Budgeted 29
7. Internal Administration Budget:
Personal Services............,...........$ 778,065
Regular Operating Expenses...,............$ 54,071
Travel....................................$ 4,624
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 47,663
Equipment Purchases.......................$ 164
Computer Charges........................ $ 12,000
Real Estate Rentals.......................$ 21,240
Telecommunications........................$ 22,958
Per Diem, Fees and Contracts..............$ 25
Postage............................... $ 24,554
Total Funds Budgeted......................$ 965,364
State Funds Budgeted......................$ 965,364
Total Positions Budgeted 35
GEORGIA LAWS 1983 SESSION
323
8. State Campaign and Financial
Disclosure Commission Budget:
Personal Services.........................$ 80,970
Regular Operating Expenses................$ 3,940
Travel.................................. $ 1,730
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 4,357
Equipment Purchases.......................$ -0-
Computer Charges..........|...............$ -0-
Real Estate Rentals.......................$ 10,496
Telecommunications........................$ 2,570
Per Diem, Fees and Contracts..............$ 3,860
Postage............................... $ 3,300
Total Funds Budgeted.................. ..$ 111,223
State Funds Budgeted.................... $ 111,223
Total Positions Budgeted 3
9. Elections and Campaign
Disclosure Budget:
Personal Services.........................$ 192,664
Regular Operating Expenses................$ 16,938
Travel.................................. $ 315
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 3,000
Equipment Purchases...................... $ -0-
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 4,619
Per Diem, Fees and Contracts..............$ 350
Postage...................................$ 2,849
Election Expenses.........................$ 400,000
Total Funds Budgeted......................$ 620,735
State Funds Budgeted.................. ..$ 620,735
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services....................... $ 7,710,545
Regular Operating Expenses................$ 1,177,573
Travel.................................. $ 145,828
Motor Vehicle Equipment Purchases.........$ 44,540
Publications and Printing.................$ 278,139
Equipment Purchases.......................$ 48,780
Computer Charges..........................$ 233,765
Real Estate Rentals..............1........$ 383,903
324
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications.......................$ 237,734
Per Diem, Fees and Contracts.............$ 308,451
Election Expenses........................$ 400,000
Postage......................... .....$ 251,056
Authority Lease Rentals..................$ 1,276,000
Total Positions Budgeted 354
Authorized Motor Vehicles 71
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 .... $ 944,915
Real Estate Commission Budget:
Personal Services .......................$ 513,602
Regular Operating Expenses ..............$ 148,927
Travel...................................$ 12,000
Motor Vehicle Equipment Purchases........$ 30,832
Publications and Printing................$ 29,000
Equipment Purchases......................$ 2,000
Computer Charges.........................$ 82,800
Real Estate Rentals......................$ 33,600
Telecommunications.......................$ 15,854
Per Diem, Fees and Contracts.............$ 76,300
Total Funds Budgeted.....................$ 944,915
State Funds Budgeted.....................$ 944,915
Total Positions Budgeted 27
Real Estate Commission Functional Budget
Cost of
State Funds Operations Pos.
Real Estate Commission $ 944,915 $ 985,865 27
Budget Unit Object Classes:
Personal Services.....................$ 513,602
Regular Operating Expenses............$ 148,927
GEORGIA LAWS 1983 SESSION
325
Travel.......................... ;....$ 12,000
Motor Vehicle Equipment Purchases........$ 30,832
Publications and Printing................$ 29,000
Equipment Purchases........,.............$ 2,000
Computer Charges.........................$ 82,800
Real Estate Rentals......................$ 33,600
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................$ 14,978,146
1. Internal Administration
Activity Budget:
Personal Services.........................$ 1,842,641
Regular Operating Expenses................$ 150,225
Travel.............................. ,...$ 48,400
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 55,000
Equipment Purchases.......................$ 56,335
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 62,040
Per Diem, Fees and Contracts..............$ 54,500
Total Funds Budgeted......................$ 2,269,141
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
3. Georgia Student Finance
Authority Budget:
Guaranteed Educational Loans..............$ 3,151,496
Tuition Equalization Grants...............$ 11,100,000
Student Incentive Grants..................$ 3,977,915
326
GENERAL ACTS AND RESOLUTIONS, VOL. I
North Georgia College
ROTC Grants ii-.u.i................... $ 137,050
Law Enforcement Personnel
Dependents Grants...............................24,000
Georgia Military Scholarship
Grants...........................v.iL.9...$ 42,000
Total Funds Budgeted........................$ 18,432,461
State Funds Budgeted........................$ 14,601,646
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services...........................$ 1,842,641
Regular Operating Expenses..................$ 150,225
Travel :.;...wfe...........vi......... ...$ 48,400
Motor Vehicle Equipment
Purchases........................ .....$ -0-
Publications and Printing................. $ 55,000
Equipment Purchases..................... $ 56,335
Computer Charges.......................... $ -0-
Real Estate Rentals....................... $ -0-
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............................. $ 137,050
Georgia Military Scholarship
Grants........................;...........$ 42,000
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
stipends for training recruitment, teacher and
counselor personnel in health career Helds and
other fields for which funds are provided herein for
the making of cancellable loans to students.
GEORGIA LAWS 1983 SESSION
327
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 $700 per academic year,
and for payment of grants for the summer school
quarter or semester, to undergraduate students
attending private colleges in Georgia as provided
for in Article 5 of Code Chapter 32-37 (Code Sec-
tions 20-3-410 through 20-3-416), and H.B. 589.
328
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Article 6 of Code Chapter 32-37
(Code Sections 20-3-430 through 20-3-436).
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Article 7 of
Code Chapter 32-37 (Code Sections 20-3-450
through 20-3-455).
Provided, that the above appropriated amount
relative to North Georgia College Military Scholar-
ships provides for payment of scholarships to
select recipients as provided for in Article 9 of
Code Chapter 32-37 (Code Sections 20-3-420
through 20-3-437).
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 32-3314
(Code Section 20-3-273), and loan discount fee
payments to lenders as provided for in Code Sec-
tion 32-3315 (Code Section 20-3-274).
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 32-3313 (Code
Section 20-3-272) and Code Section 32-3710 (Code
Section 20-3-319).
GEORGIA LAWS 1983 SESSION
329
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 804,810
1. Soil and Water Conservation
Central Office Budget:
Personal Services........................$ 395,955
Regular Operating Expenses...............$ 35,692
Travel............................... $ 39,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 10,369
Equipment Purchases.................... $ 1,300
Computer Charges........................ $ -0-
Real Estate Rentals......................$ 20,385
Telecommunications................... $ 10,089
Per Diem, Fees and Contracts.............$ 115,700
Total Funds Budgeted.....................$ 628,490
State Funds Budgeted.....................$ 628,490
Total Positions Budgeted 12
2. Soil and Water Conservation
Dam Safety Budget:
Personal Services........................$ 129,594
Regular Operating Expenses...............$ 12,040
Travel...................................$ 9,490
Motor Vehicle Equipment Purchases........$ 12,300
Publications and Printing................$ 717
Equipment Purchases......................$ -0-
Computer Charges.........................$ 4,000
Real Estate Rentals.................... $ 3,953
Telecommunications.......................$ 3,200
Per Diem, Fees and Contracts.............$ 1,026
Total Funds Budgeted.....................$ 176,320
State Funds Budgeted.....................$ 176,320
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services........................$ 525,549
Regular Operating Expenses...............$ 47,732
Travel...................................$ 48,490
Motor Vehicle Equipment Purchases........$ 12,300
Publications and Printing................$ 11,086
Equipment Purchases......................$ 1,300
330
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..........................$ 4,000
Real Estate Rentals.....|.................$ 24,338
Telecommunications...................... $ 13,289
Per Diem, Fees and Contracts..............$ 116,726
Total Positions Budgeted 17
Authorized Motor Vehicles 3
Section 42. Teachers Retirement System.
Budget Unit: Teachers Retirement
System......................... $ 2,139,100
Departmental Operations Budget:
Personal Services....................... $ 1,368,782
Regular Operating Expenses................$ 67,915
Travel....................................$ 20,600
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing.................$ 48,825
Equipment Purchases.......................$ 8,990
Computer Charges..........................$ 386,935
Real Estate Rentals.......................$ 83,300
Telecommunications.................... $ 44,200
Per Diem, Fees and Contracts..............$ 165,360
Postage.............................. ...$ 66,600
Cost of Living Increases for
Local Retirement System
Members.............................. $ 792,000
Floor Fund for Local
Retirement Systems.....................$ 1,347,100
Total Funds Budgeted......................$ 4,400,607
State Funds Budgeted......................$ 2,139,100
Total Positions Budgeted 62
Budget Unit Object Classes:
Personal Services.........................$ 1,368,782
Regular Operating Expenses................$ 67,915
Travel....................................$ 20,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 48,825
Equipment Purchases.......................$ 8,990
Computer Charges..........................$ 386,935
Real Estate Rentals.......................$ 83,300
Telecommunications........................$ 44,200
Per Diem, Fees and Contracts..............$ 165,360
GEORGIA LAWS 1983 SESSION
331
Postage....................................$
Cost of Living Increases for
Local Retirement System Members.........$
Floor Fund for Local
Retirement Systems......................$
Total Positions Budgeted
Authorized Motor Vehicles
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..............$
Capital Outlay.......................... $
Geodetic Control..........................$
Capital Outlay - Paving
State and Local Schools
and State Institutions............... $
Capital Outlay - Paving State
Parks and Historic Sites............. $
Capital Outlay - Paving
Farmers Markets........................$
Capital Outlay - Railroad
Grade Separation.......................$
Eugene Talmadge Memorial
Bridge Study...........................$
Total Funds Budgeted......................$
State Funds Budgeted......................$
Total Positions Budgeted
66,600
792,000
1,347,100
62
1
412,731,302
71,858,748
4,576,224
1.040.000
-0-
310,000
49,350
-0-
32,915
985,020
5.943.000
414,787,382
295,872
750.000
500.000
35,000
35,000
200.000
501,398,511
182,270,231
3,023
332
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Maintenance and Betterments
Budget:
Personal Services..........................$ 54,739,110
Regular Operating Expenses.................$ 37,647,600
Travel.....................................$ 353,350
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 11,000
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 131,138
Per Diem, Fees and Contracts...............$ 1,040,811
Capital Outlay.............................$ 72,192,197
Total Funds Budgeted.......................$ 166,115,206
State Funds Budgeted.......................$ 163,915,206
Total Positions Budgeted 3,564
3. 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
4. Assistance to Counties Budget:
Grants to Counties.............,..........$ 9,317,013
Total Funds Budgeted.......................$ 9,317,013
State Funds Budgeted..................... $ 9,317,013
5. Administration Budget:
Personal Services..........................$ 7,884,087
Regular Operating Expenses.................$ 886,325
Travel................................. $ 105,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 490,528
Equipment Purchases........................$ *0"
Computer Charges...........................$ 829,527
Real Estate Rentals........................$ 925,000
Telecommunications....................... $ 233,700
Per Diem, Fees and Contracts...............$ 190,000
Authority Lease Rentals....................$ 24,873,157
GEORGIA LAWS 1983 SESSION
333
State of Georgia General
Obligation Debt Sinking Fund..............$ 8,463,166
Total Funds Budgeted........................$ 44,880,490
State Funds Budgeted.................I......$ 39,851,917
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
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
334
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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
GEORGIA LAWS 1983 SESSION
335
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 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.
Provided that State Funds appropriated for
on-system Resurfacing, Four-Laning and Passing
Lanes in the foregoing activities may be used to
match additional Federal Aid resulting from the
increase in the Federal Motor Fuel Tax.
Appropriations for the foregoing activities
include an appropriation that shall be utilized for
the specific purpose and amounts as shown below:
Planning and Construction
Geodetic Control.............................$
Capital Outlay - Paving State
and Local Schools and State
Institutions...............................$
Paving State Parks and
Historic Sites...............................$
295,872
750.000
500.000
336
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Paving
Farmers Markets ...........
Eugene Talmadge Memorial
Bridge Study.........v..................
Capital Outlay - Railroad
Grade Separation.........................
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.
6. Assistance to Municipalities
Budget:
Grants to Municipalities..................
Total Funds Budgeted......................
State Funds Budgeted...............*......
For grants to municipalities for Capital Outlay
in accordance with an Act approved March 31,
1965 (Ga. Laws 1965, p. 458), as amended (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.
35,000
200,000
35,000
9,317,000
9,317,000
9,317,000
Provided, further, that the above sums shall be
distributed and disbursed to the various munici-
GEORGIA LAWS 1983 SESSION
337
palities on a quarterly basis, such payments to be
made on the last day of each quarter.
7. Air Transportation Budget:
Personal Services......................... $ 508,269
Regular Operating Expenses..................$ 456,100
Travel.................................... $ 11,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 200
Equipment Purchases.........................$ 6,000
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 1
Telecommunications..........................$ 4,610
Per Diem, Fees and Contracts................$ 500
Capital Outlay........................ $ 125,000
Total Funds Budgeted...................... $ 1,111,680
State Funds Budgeted..,.....................$ 722,699
Total Positions Budgeted 16
8. Inter-Modal Transfer Facilities
Budget:
Personal Services...........................$ 652,408
Regular Operating Expenses..................$ 48,148
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................$ 714,500
Capital Outlay - Airport
Development..............................$ 700,000
Capital Outlay - Airport
Operational Improvements.................$ 1,000,000
Capital Outlay - Airport
Approach Aid......................... $ 270,000
Mass Transit Grants....................... $ 2,977,940
Total Funds Budgeted....................... $ 6,430,836
State Funds Budgeted...................... $ 3,668,236
Total Positions Budgeted 22
338
GENERAL ACTS AND RESOLUTIONS, VOL. I
9. 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........................ $ 135,642,622
Regular Operating Expenses.................$ 43,614,397
Travel.....................................$ 1,531,450
Motor Vehicle Equipment
Purchases................................$ 1,000,000
Publications and Printing..................$ 837,728
Equipment Purchases........................$ 2,255,950
Computer Charges......................... $ 829,527
Real Estate Rentals..........................$ 957,916
Telecommunications....................... $ 1,373,608
Per Diem, Fees and Contracts...............$ 7,888,811
Capital Outlay.............................$ 487,219,579
Mass Transit Grants........................$ 2,977,940
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................................... $ 8,463,166
Capital Outlay - Airport
Operational Improvements.................$ 1,000,000
Capital Outlay - Airport
Approach Aid........................... $ 270,000
Geodetic Control.................... $ 295,872
Capital Outlay - Paving
State and Local Schools
and State Institutions................. $ 750,000
Capital Outlay - Paving State
Parks and Historic Sites............... $ 500,000
Capital Outlay - Paving
Farmers Markets........................ $ 35,000
Capital Outlay - Railroad
Grade Separation.........................$ 35,000
GEORGIA LAWS 1983 SESSION
339
Eugene Talmadge Memorial
Bridge Study.............................$ 200,000
Total Positions Budgeted 6,946
Authorized Motor Vehicles 4,800
For the general administrative expenses of air-
port development, mass transit planning and
development, the promotion of aviation safety, the
provision of air transportation services, and for
contractual expense for harbor maintenance.
Provided, that the Department of Trans-
portation is authorized to retain such portion of its
Air Transportation service income as is required to
maintain and upgrade the quality of its equipment.
Provided, that the Department of Trans-
portation is authorized to utilize State Airport
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 $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.
340
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.......................... $ 11,546,614
1. Veterans Assistance Budget:
Personal Services.........................$ 3,042,767
Regular Operating Expenses................$ 72,388
Travel.............................. $ 72,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 17,000
Equipment Purchases..................... $ 4,000
Computer Charges........................ $ -0-
Real Estate Rentals..................... $ 136,930
Telecommunications....................... $ 57,250
Per Diem, Fees and Contracts..............$ 5,000
Postage.......................... .....$ 30,800
Total Funds Budgeted......................$ 3,438,335
State Funds Budgeted......................$ 3,192,422
Total Positions Budgeted 142
Authorized Motor Vehicles 1
2. Veterans Home and Nursing Facility -
Milledgeville Budget:
Capital Outlay............................$ -0-
Equipment Purchases.......................$ 29,983
Regular Operating Expenses
for Projects............................$ 34,889
Operating Expenses/Payments to
Central State Hospital..................$ 7,385,921
Total Funds Budgeted......................$ 7,450,793
State Funds Budgeted......................$ 6,013,423*
3. Veterans Nursing Home -
Augusta Budget:
Capital Outlay............................$ -0-
Equipment Purchases.......................$ 8,959
Regular Operating Expenses
for Projects..............................$ 15,111
GEORGIA LAWS 1983 SESSION
341
Operating Expense/Payments to
Medical College of Georgia................$ 3,098,419
Total Funds Budgeted...................... $ 3,122,489
State Funds Budgeted...................... $ 2,340,769
Budget Unit Object Classes:
Personal Services..................... $ 3,042,767
Regular Operating Expenses..................$ 72,388
Travel.............................................72,200
Motor Vehicle Equipment Purchases ...:;....i...$ -0-
Publications and Printing...................$ 17,000
Equipment Purchases.........................$ 42,942
Computer Charges............................$ -0-
Real Estate Rentals......... i........^...$ 136,930
Telecommunications.................................57,250
Per Diem, Fees and Contracts................$ 5,000
Capital Outlay..........,..............iiiii.$ -0-
Postage................................;.....$ 30,800
Operating Expense/Payments to
Central State Hospital....................$ 7,385,921
Operating Expense/Payments to
Medical College of Georgia................$ 3,098,419
Regular Operating Expenses
for Projects..............................$ 50,000
Total Positions Budgeted 142
Authorized Motor Vehicles 1
Section 45. Workers Compensation Board.
Budget Unit: Workers Compensation
Board.......................... $ 4,257,346
1. Workers Compensation
Administration Budget:
Personal Services....................;.......$ 3,049,388
Regular Operating Expenses................ $ 82,191
Travel.................................... $ 40,000
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing...................$ 34,000
Equipment Purchases........;.................$ 10,800
Computer Charges........................ $ 118,644
Real Estate Rentals.........................$ 365,141
Telecommunications..........................$ 72,270
Per Diem, Fees and Contracts................$ 37,590
Postage.....................................$ 51,800
342
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 3,861,824
State Funds Budgeted........................$ 3,847,324
Total Positions Budgeted 127
2. Vocational Rehabilitation Budget:
Personal Services...................,..........$ 317,198
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................$ 12,062
Postage................................. $ 6,500
Total Funds Budgeted........................$ 410,022
State Funds Budgeted........................$ 410,022
Total Positions Budgeted 15
Budget Unit Object Classes:
Personal Services...........................$ 3,366,586
Regular Operating Expenses..................$ 90,811
Travel ...........................$ 50,900
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing................. $ 36,000
Equipment Purchases....................... $ 14,105
Computer Charges............................$ 118,644
Real Estate Rentals....................... $ 406,694
Telecommunications........................ $ 80,154
Per Diem, Fees and Contracts................$ 49,652
Postage...................v..v............$ 58,300
Total Positions Budgeted 142
Authorized Motor Vehicles 1
Section 46. State of Georgia General
Obligation Debt Sinking Fund.
Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (Issued)...............$ 83,639,440
GEORGIA LAWS 1983 SESSION
343
Section 47. 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
regional farmers markets in the Department of
Agriculture, and there is hereby appropriated
$5,884,000 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
($5,709,000 - Budget Unit C) in the Department
of Human Resources. Provided, further, the Office
of Planning and Budget is hereby authorized to
transfer funds from this section to the Depart-
ments budget on a quarterly basis in an amount
equal to that which the Department remits to the
Fiscal Division of the Department of Administra-
tive Services from agency fund collections.
Section 48. 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 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 State Fiscal Year
1984 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
344
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 control 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 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.
GEORGIA LAWS 1983 SESSION
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
gasoline tax refund and any other refunds specifi-
cally authorized by law.
Section 54. No State appropriations autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
feroEp
jtion 55. Provided further that no
funds inthk^propriation shall benakHoor on
behalf of GeorgiWu^igentLageP^ervices or its s ^
affiliates, nor shalljapy^StaJefacilities be made(^J#< p***^->
available fortiieHKlerincludm|%utnot limited to
the GepEgkrTnteractive Statewide Tel&eoqmiuni- ^3
"ms Network pit.hpr HiWt.ly or indirertly^*^
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 State fiscal
year addressed within this Act, and for each and
346
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 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 1983 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 1983, 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
GEORGIA LAWS 1983 SESSION
347
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.
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 S.F.Y.
1983 submitted to the General Assembly at the
1983 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
348
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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. Provided, further, that reduc-
tions in common object class fundings as indicated
in the Comparative Summary of H.B. 1 which are
in excess of those recommended by the Governor
are to be taken in common object classes only, and
are not to be directed at agencies or activities
which are attached for administrative purposes
only. Common object classes for the purposes of
this Act are as follows: Personal Services, Regular
Operating Expenses, Travel, Publications and
Printing, Computer Charges, Real Estate Rentals,
Telecommunications, Utilities and Per Diem, Fees
and Contracts.
Section 61. The Office of Planning and
Budget is hereby directed to economize wherever
possible and in the event any part of the appropri-
ations provided in the foregoing Section of this Act
shall be in excess of the actual approved budget
allotments for the fiscal year, the amounts so in
excess, as determined by the Office of Planning
and Budget, shall cease to be an obligation of the
State.
Section 62. TOTAL STATE FUND
APPROPRIATIONS
State F.Y. 1983...........................
Section 63. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
Section 64. All laws and parts of laws in
conflict with this Act are hereby repealed.
Section 2. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
$3,633,184,311.
GEORGIA LAWS 1983 SESSION
349
Section 3. All laws and parts of laws in
conflict with this Act are repealed.
Approved February 7,1983.
CONTROLLED SUBSTANCES.
Code Title 16, Chapter 13 Amended.
No. 6 (House Bill No. 104).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, so as to authorize the
exclusion from controlled substances schedules of certain nonnarcotic
substances; to provide for prescriptions of Schedules III, IV, and V
controlled substances; to delete from and add to the listing of
dangerous drugs; to change certain exceptions relating to dangerous
drugs; to authorize the State Board of Pharmacy to make certain
changes in the listing of dangerous drugs; 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
immediately following Code Section 16-13-29 a new Code Section 16-
13-29.1 to read as follows:
16-13-29.1 The following nonnarcotic substances which may,
under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301), be
lawfully sold over the counter without a prescription, are excluded
from all schedules of controlled substances under this article:
350
GENERAL ACTS AND RESOLUTIONS, VOL. I
Trade name or
designation
(Dosage form) Composition/Potency
Amodrine Phenobarbital/8.00 mg;
(Tablet) Aminophylline/100.00 mg;
Racephedrine/25.00 mg
Amodrine E C Phenobarbital/8.00 mg;
(Enteric- Aminophylline/100.00 mg;
coated Racephedrine/25.00 mg
tablet)
Anodyne Chloral hydrate/0.69 g/30 g
(Ointment)
Anti-Asthma Phenobarbital/8.00 mg;
(Tablet) Theophylline/130.00 mg;
Ephedrine hydrochloride/
25.00 mg
Anti- Phenobarbital/8.10 mg;
asthmatic Ephedrine hydrochloride/
(Tablet) 24.00 mg; Theophylline/
130.00 mg
Asma-Ese Phenobarbital/8.10 mg;
(Tablet) Theophylline/129.60 mg;
Ephedrine hydrochloride/
24.30 mg
Asma-Lief Phenobarbital/8.10 mg;
(Tablet) Ephedrine hydrochloride/
24.30 mg; Theophylline/
129.60 mg
Asma-Lief Phenobarbital/4.00 mg/05 ml;
Pediatric Ephedrine hydrochloride/
(Suspension) 12.00 mg/05 ml;
Theophylline/65.00
mg/05 ml
Manufacturer
or
distributor
Searle, G.D.
& Co.
Searle, G.D.
& Co.
Zemmer Co.
Ormont Drug
& Chem.
Zenith Labs.,
Inc.
Parmed Pharm.
Columbia
Medical Co.
Columbia
Medical Co.
GEORGIA LAWS 1983 SESSION
351
Asma Tuss
(Syrup)
Azma-Aid
(Tablet)
Azmadrine
(Tablet)
Bet-U-Lol
(Liquid)
Bronkolixir
(Elixir)
Bronkotabs
(Tablet)
Bronkotabs-
Hafs
(Tablet)
Phenobarbital/4.00 mg/05 ml; Halsey Drug
Glyceryl guaiacolate/50.00 Co.
mg/05 ml; Chlorphentramine
maleate/1.00 mg/05 ml;
Ephedrine sulfate/12.00
mg/05 ml; Theophylline/
15.00 mg/05 ml
Phenobarbital/8.00 mg; Rondex Labs.
Theophylline/129.60 mg;
Ephedrine hydrochloride/
24.30 mg;
Phenobarbital/8.00 mg; U.S.
Ephedrine hydrochloride/ Ethicals.
24.00 mg; Theophylline/
130.00 mg
Chloral hydrate/0.54 g/30 ml; Huxley Pharm.
Methyl salicylate/
30.10 g/30 ml; Menthol/
0.69 g/30 ml
Phenobarbital/4.00 mg/05 ml; Breon Labs.
Theophylline/15.00 mg/05 ml;
Ephedrine sulfate/12.00
mg/05 ml; Glyceryl
guaiacolate/50.00 mg/05 ml
Phenobarbital/8.00 mg; Breon Labs.
Theophylline/100.00 mg;
Glyceryl guaiacolate/
100.00 mg; Ephedrine
sulfate/24.00 mg
Phenobarbital/4.00 mg; Breon Labs.
Glyceryl guaiacolate/
50.00 mg; Theophylline/
50.00 mg; Ephedrine
sulfate/12.00 mg
352
GENERAL ACTS AND RESOLUTIONS, VOL. I
Ceepa
(Tablet)
Chlorasal
(Ointment)
Choates Leg
Freeze
(Liquid)
Chloro-
salicylate
(Ointment)
Menthalgesic
(Ointment)
Neoasma
(Tablet)
P.E.C.T.
(Tablet)
Primatene
(Tablet)
Phenobarbital/8.00 mg; Geneva Drugs.
Theophylline/130.00 mg;
Ephedrine hydrochloride/
24.00 mg
Chloral hydrate/648.00
mg/30 g; Menthol/
972.00 mg/30 g;
Methyl salicylate/
4.277 g/30 g
Chloral hydrate/7.40 g/30
ml; Ether/10.3 ml/30 ml;
Menthol/6.3 g/30 ml;
Camphor/8.7 g/30 ml
Chloral hydrate/648.00
mg/3,0 g; Methyl
salicylate/6.66 g/30 g;
Menthol/1.13 g/30 g
Chloral hydrate/0.45
g/30 g; Menthol/0.45
g/30 g; Methyl
salicylate/3.60 g/30 g;
Camphor/0.45 g/30 g
Phenobarbital/10.00 mg;
Theophylline/130.00 mg;
Ephedrine hydrochloride/
24.00 mg
Phenobarbital/8.10 mg; Halsom Drug
Chlorpheniramine maleate/ Co.
2.00 mg; Ephedrine
sulfate/24.30 mg;
Theophylline/129.60 mg
Phenobarbital/8.00 mg; Whitehall
Ephedrine hydrochloride/ Labs.
24.00 mg; Theophylline/
130.00 mg
Wisconsin
Pharmacal.
Bickmore,
Inc.
Kremers-
Urban Co.
Blue Line
Chem Co.
Tarmac
Products.
GEORGIA LAWS 1983 SESSION
353
Rynal
(Spray)
S-K Asthma
(Tablet)
Tedral
(Tablet)
Tedral
Anti H
(Tablet)
Tedral
Antiasthmatic
(Tablet)
Tedral Elixir
(Elixir)
Tedral
Pediatric
(Suspension)
dl-methamphetamine Blaine Co.
hydrochloride/0.11
g/50 ml; Antipyrine/
0.14 g/50 ml; Pyriamine
maleate/0.005 g/50 ml;
Hyamine 2389/0.01 g/50 ml
Phenobarbital/8.00 mg; S-K Research
Ephedrine hydrochloride/ Labs.
24.30 mg; Theophylline/
129.60 mg
Phenobarbital/8.00 mg; Warner-
Theophylline/130.00 mg; Chilcott.
Ephedrine hydrochloride/
24.00 mg
Phenobarbital/8.00 mg; Warner-
Chlorpheniramine maleate/ Chilcott.
2.00 mg; Theophylline/
130.00 mg; Ephedrine
hydrochloride/24.00 mg
Phenobarbital/8.00 mg; Parke-Davis
Theophylline/130.00 mg; & Co.
Ephedrine hydrochloride/
24.00 mg
Phenobarbital/2.00 mg/05 Warner-
ml; Ephedrine hydro- Chilcott.
chloride/6.00 mg/05 ml;
Theophylline/32.50 mg/
05 ml
Phenobarbital/4.00 mg/05 Warner-
ml;Ephedrine hydro- Chilcott.
chloride/12.00 mg/05
ml; Theophylline/65.00
mg/05 ml
354
GENERAL ACTS AND RESOLUTIONS, VOL. I
Teephen
(Tablet)
Teephen
Pediatric
(Suspension)
TEP
(Tablet)
T.E.P.
Compound
(Tablet)
Thedrizem
(Tablet)
Theobal
(Tablet)
Val-Tep
(Tablet)
Verequad
(Suspension)
Phenobarbital/8.00 mg; Robinson
Ephedrine hydrochloride/ Labs.
24.00 mg; Theophylline/
130.00 mg
Phenobarbital/4.00 mg/05 Robinson
ml; Ephedrine hydro- Labs.
chloride/12.00 mg/05 ml;
Theophylline anhydrous/
65.00 mg/05 ml
Phenobarbital/8.00 mg; Towne,
Theophylline/130.00 mg; Paulsen &
Ephedrine hydrochloride/ Co., Inc.
24.00 mg
Phenobarbital/8.10 mg; Stanlabs,
Theophylline/129.60 mg; Inc.
Ephedrine hydrochloride/
24.30 mg
Phenobarbital/8.00 mg; Zemmer Co.
Ephedrine hydrochloride/
25.00 mg; Theophylline/
100.00 mg
Phenobarbital/8.00 mg; Halsey Drug
Ephedrine hydrochloride/ Co.
24.00 mg; Theophylline/
130.00 mg
Phenobarbital/8.00 mg; Vale Chemical
Ephedrine hydrochloride/ Co.
24.00 mg; Theophylline/
130.00 mg
Phenobarbital/4.00 mg/05 ml; Knoll Pharm.
Ephedrine hydrochloride/
12.00 mg/05 ml;
Theophylline calcium
salicylate/65.00 mg/05 ml;
Glyceryl guaiacolate/
50.00 mg/05 ml
GEORGIA LAWS 1983 SESSION
355
Verequad Phenobarbital/8.00 mg; Knoll Pharm.
(Tablet) Ephedrine hydrochloride/
24.00 mg; Glyceryl
guaiacolate/100.00 mg;
Theophylline calcium
salicylate/130.00 mg
Vicks Inhaler 1-Desoxyephedrine/l 13.00 mg
(Inhaler)
Vick
Chemical
Co.
Section 2. Said chapter is further amended by designating as
paragraph (1) the first paragraph of existing subsection (d) of Code
Section 16-13-41, relating to prescriptions, and inserting immediately
thereafter a new paragraph (2) to read as follows:
(2) When a registered practitioner writes a prescription to
cause the dispensing of a Schedule III, IV, or V controlled substance,
he shall include the name and address of the person for whom it is
prescribed, the kind and quantity of such controlled substance, the
directions for taking, the signature, and the name, address, and
federal registration number of the prescribing practitioner. Such
prescriptions shall be signed and dated by the prescribing practitio-
ner on the date when issued.
Section 3. Said chapter is further amended by striking from
subsection (b) of Code Section 16-13-71, defining dangerous drugs,
paragraphs (203), (901), and (1002), which read as follows:
(203) Clortermine;
(901) Subsalicylate bismuth;
(1002) Triprolidine;,
and inserting in their respective places the following new paragraphs
(203), (901), and (1002):
(203) Reserved;
(901) Reserved;
356
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1002) Reserved;,
and by adding in the appropriate paragraph positions in said subsec-
tion (b) the following new paragraphs:
(18.1) Albuterol;
(21.1) Alkyl nitrites;
(23.1) Alprostadil;
(31.1) Amiloride-hydrochloride;
(68.1) Atenolol;
(97.1) Bethanidine sulfate;
(133.1) Captopril;
(152.1) Cefotaxime sodium;
(160.1) Ceruletide phosphate sodium;
(412.1) Gemfibrozil;
(504.1) Isosulfan blue;
(509.1) Ketoconazole;
(615.1) Mezlocillin;
(625.1) Moxalactam disodium;
(642.1) Nifedipine;
(735.1) Piperacillin;
(851.1) Saralasin acetate;
(852.1) Secretin;
(903.1) Sucralfate;
GEORGIA LAWS 1983 SESSION
357
(909.1) Sulfadoxine;
(1042.1) Zomepirac sodium
Section 4. Said chapter is further amended by striking para-
graph (6) of subsection (c) of Code Section 16-13-71, which reads as
follows:
(6) Brompheniramine where a single dosage unit is 4 mg. or
less;,
and inserting in its place a new paragraph (6) to read as follows:
(6) Brompheniramine where a single dosage unit is 4 mg. or
less but with no more than 3 mg. of the dextrorotary optical isomer of
racemic brompheniramine per released dose;.
Section 5. Said chapter is further amended by stiking paragraph
(8) of subsection (c) of Code Section 16-13-71, which reads as follows:
(8) Cough preparations containing diphenydramine 12.5 mg.,
alcohol 5 percent, and not more than 0.4 percent chloroform in each 5
ml.;,
and inserting in its place a new paragraph (8) to read as follows:
(8) Diphenhydramine up to 12.5 mg. in each 5 ccs when used
in cough preparations and up to 50 mg. per single dose when used as a
nighttime sleep aid and labeled in compliance with FDA require-
ments;.
Section 6. Said chapter is further amended by adding at the end
of Code Section 16-13-71, defining dangerous drugs, a new subsection
(e) to read as follows:
(e) The State Board of Pharmacy may delete drugs from the
dangerous drug list set forth in this Code section. In making such
deletions the board shall consider, with respect to each drug, the
following factors:
(1) The actual or relative potential for abuse;
358
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The scientific evidence of its pharmacological effect, if
known;
(3) The state of current scientific knowledge regarding the
drug;
(4) The history and current pattern of abuse, if any;
(5) The scope, duration, and significance of abuse;
(7) The potential of the drug to produce psychic or physio-
logical dependence liability; and
(8) Whether such drug is included under the Federal Food,
Drug and Cosmetic Act, 52 Stat. 1040 (1938), 21 U.S.C. 301 et.
seq., as amended.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved February 17,1983.
CRIMES BAILABLE OFFENSES.
Code Section 17-6-1 Amended.
No. 7 (House Bill No. 7).
AN ACT
To amend Code Section 17-6-1 of the Official Code of Georgia
Annotated, relating to procedures for procuring bail in certain crimi-
nal cases, so as to delete aggravated assault as an offense bailable only
GEORGIA LAWS 1983 SESSION
359
before a judge of superior court; to 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 17-6-1 of the Official Code of Georgia
Annotated, relating to procedures for procuring bail in certain crimi-
nal cases, 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) The offenses of rape, armed robbery, aircraft hijacking,
treason, murder, 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) of
this Code section, 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.
Section 2. This Act shall become effective upon its approval by
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 February 21,1983.
SUPPLEMENTARY APPROPRIATIONS.
No. 8 (House Bill No. 207).
AN ACT
To provide supplementary appropriations for
the fiscal year ending June 30,1983, in addition to
360
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, 1982, and ending June 30, 1983, 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.
JUDICIAL BRANCH
Section 1. Supreme Court.
Budget Unit: Supreme Court.....................$ 25,400
Section 2. Superior Courts.
Budget Unit: Superior Courts...................$ 60,000
Section 3. Court of Appeals.
Budget Unit: Court of Appeals..................$ 19,000
Section 4. Appellate Court Reports.
Budget Unit: Court Reports.....................$ 26,000
EXECUTIVE BRANCH
Section 5. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services........
.$ 1,877,874
GEORGIA LAWS 1983 SESSION
361
1. Departmental Administrative Budget:
Personal Services.........................$ -0-
Telecommunications........................$ 5,500
Direct Payments to Georgia
Building Authority for
Operations..............................$ 1,614,109
Total Funds Budgeted......................$ 1,619,609
State Funds Budgeted......................$ 1,619,609
2. Treasury and Fiscal
Administrative Budget:
Computer Charges..........................$ 233,965
Unemployment Compensation
Reserve.................................$ 5,000
Telecommunications...................... $ 7,500
Total Funds Budgeted......................$ 246,465
State Funds Budgeted.................... $ 246,465
3. Procurement Administration Budget:
Publications and Printing.................$ 3,000
Telecommunications........................$ 6,500
Total Funds Budgeted......................$ 9,500
State Funds Budgeted......................$ 9,500
4. Space Management Administration
Budget:
Travel....................................$ 2,300
Total Funds Budgeted......................$ 2,300
State Funds Budgeted......................$ 2,300
The Department of Administrative Services is
authorized to purchase a third chiller for the com-
puter center from budgeted fees charged to user
agencies through billings.
Provided, the Department is authorized to
utilize from funds previously appropriated for
Direct Payments to Georgia Building Authority for
Capital Outlay the amount of $233,091 to be distri-
buted as follows: $16,400 in Personal Services in
the Departmental Administrative Budget, $30,800
in Computer Charges in the Treasury and Fiscal
Administrative Budget, and $185,891 for Direct
Payments to Georgia Building Authority for Oper-
362
GENERAL ACTS AND RESOLUTIONS, VOL. I
ations, without the requirement of obtaining prior
approval of the Fiscal Affairs Sub-Committees or
the Office of Planning and Budget.
B. Budget Unit: Georgia Building
Authority.........................$
Georgia Building Authority
Budget:
Regular Operating Expenses
Utilities...................
Total Funds Budgeted........
State Funds Budgeted........
The Georgia Building Authority is authorized
to apply an amount not to exceed $65,000 of
Authority Lease Rental appropriation for operat-
ing expenses. It is the intent of this General Assem-
bly that the rates charged to State employees for
parking in the Capitol Hill area not be increased.
Section 6. Department of Agriculture.
A. Budget Unit: Department of
Agriculture....................
1. Internal Administration Budget:
Computer Charges......................
Total Funds Budgeted....................
State Funds Budgeted..................
2. Information and Education Budget:
Publications and Printing...............
Total Funds Budgeted.............iL*....
State Funds Budgeted.............
Provided, that the Athens and Tifton Veteri-
nary Laboratories are authorized to charge reason-
able testing fees only for export swine and cattle.
Section 7. Department of Community
Affairs.
A. Budget Unit: Department of
Community Affairs.........
-0-
1,120,000
680,000
1,800,000
-0-
64,532
20,000
20,000
20,000
44,532
44,532
44,532
44,668
GEORGIA LAWS 1983 SESSION
363
Community and Economic
Development Budget:
Appalachian Regional Commission
Assessment........................... $ 44,668
Total Funds Budgeted....................$ 44,668
State Funds Budgeted....................$ 44,668
Section 8. Office of Comptroller
General.
Budget Unit: Office of Comptroller
General........................ $ 7,410
1. Internal Administration Budget:
Equipment Purchases..................7,410
Total Funds Budgeted....................$ 7,410
State Funds Budgeted....................$ 7,410
Section 9. Department of Defense.
Budget Unit: Department of Defense..........$ 74,237
Georgia Army National Guard
Budget:
Capital Outlay..........................$ 296,958
Total Funds Budgeted....................$ 296,958
State Funds Budgeted....................$ 74,237
Section 10. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.........................$ 13,327,417
1. Administrative Services Budget:
Regular Operating Expenses..............$ 19,000
Computer Charges........................$ 17,000
Per Diem, Fees and Contracts............$ 6,500
Total Funds Budgeted....................$ 42,500
State Funds Budgeted....................$ 6,500
2. Professional Standards Commission
Budget:
Real Estate Rentals.....................$ 1,197
Total Funds Budgeted....................$ 1,197
State Funds Budgeted....................$ 1,197
364
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, however, each Area Voc.-Tech
School shall have the authority to transfer between
any and all object classes of expenditure except
Personal Services without prior approval of the
Department of Education or the Office of Planning
and Budget.
3. Professional Practices Commission
Budget:
Personal Services....................................$ 6,000
Total Funds Budgeted.......*......;..................$ 6,000
State Funds Budgeted.................................$ 6,000
4. Local Programs Budget:
APEG Grants:
Salaries of Instructional
Personnel (Sec. 10(a) (1)
and 10(a) (2)) (Code
Section 20-2-157(a))..:.................$ 7,082,650
Salaries of Instructional
Personnel (Sec. 7) (Code
Section 20-2-153).......................$ 1,051,720
Salaries of Administrative
and Supervisory
Personnel (Sec. 21a) (Code
Section 20-2-181).......................$ 771,270
Instructional Media.......................$ 208,800
Maintenance and Operation............... $ 1,028,700
Sick and Personal Leave...................$ 58,000
Non-APEG Grants:
Teacher Retirement...................... $ 1,770,075
High School Program..................... $ 25,000
Quick Start Program.................338,720
Instructional Aides.......................$ 740,710
Teacher Health Insurance..................$ 238,075
Child Care Lunch
Program (Federal).......................$ 1,000,000
Special Project Grant.....................$ 59,500
Total Funds Budgeted........................$ 14,373,220
State Funds Budgeted........................$ 13,313,720
GEORGIA LAWS 1983 SESSION
365
B. Budget Unit: Institutions..............191,000
1. Georgia Academy for the Blind
Budget:
Utilities...................................$ 10,000
Total Funds Budgeted........................$ 10,000
State Funds Budgeted........................$ 10,000
2. Georgia School for the Deaf
Budget:
Utilities............................... $ 17,500
Total Funds Budgeted........................$ 17,500
State Funds Budgeted........................$ 17,500
3. Atlanta Area School for the Deaf
Budget:
Per Diem, Fees and Contracts................$ 20,000
Utilities................................. $ 2,500
Total Funds Budgeted........................$ 22,500
State Funds Budgeted....................... $ 2,500
4. North Georgia Vocational-Technical
School Budget:
Capital Outlay..............................$ 180,000
Utilities...................................$ 84,000
Total Funds Budgeted........................$ 264,000
State Funds Budgeted........................$ 120,000
5. South Georgia Vocational-Technical
School Budget:
Utilities...................................$ 41,000
Total Funds Budgeted........................$ 41,000
State Funds Budgeted........................$ 41,000
The Department is authorized and directed to
utilize $53,000 of available funds in Budget Unit
A for the purpose of paying Personal Services at
the Atlanta Area School for the Deaf.
Provided, further, the Department is autho-
rized to utilize up to $16,000 of available funds for
the purpose of repairing dormitory roofs at South
Georgia Vocational-Technical School, without the
requirement of obtaining prior approval of the
366
GENERAL ACTS AND RESOLUTIONS, VOL. I
Fiscal Affairs Sub-Committees or the Office of
Planning and Budget.
Section 11. Forestry Commission.
Budget Unit: Forestry Commission.............$ 75,000
1. General Administration and Support
Budget:
Payments to the University of Georgia,
School of Forestry for Forest
Research...............................$ 75,000
Total Funds Budgeted......................$ 75,000
State Funds Budgeted......................$ 75,000
Section 12. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of
Investigation.....................$ 69,000
1. Investigative Division Budget:
Personal Services....................... $ 20,000
Total Funds Budgeted....................$ 20,000
State Funds Budgeted.................. $ 20,000
Total Positions Budgeted 3
2. Forensic Sciences Division Budget:
Personal Services.........................$ 9,000
Total Funds Budgeted....................$ 9,000
State Funds Budgeted....................$ 9,000
3. Georgia Crime Information
Center Budget:
Telecommunications........................$ 40,000
Total Funds Budgeted....................$ 40,000
State Funds Budgeted....................$ 40,000
Section 13. Office of the Governor.
A. Budget Unit: Governors Office............$ 1,125,000
1. Governors Office Budget:
Cost of Operations...................... $ 25,000
Governors Emergency Fund.................$ 1,100,000
Total Funds Budgeted......................$ 1,125,000
State Funds Budgeted......................$ 1,125,000
GEORGIA LAWS 1983 SESSION
367
B. Budget Unit: Office of Planning
and Budget........................$ 28,365
1. Council of the Arts Budget:
Art Grants-State Funds....................$ -0-
Real Estate Rentals.......................$ 16,500
Total Funds Budgeted......................$ 16,500
State Funds Budgeted.....................$ 16,500
2. Office of Consumer Affairs:
Personal Services....................... $ 11,865
Total Funds Budgeted......................$ 11,865
State Funds Budgeted......................$ 11,865
3. State Energy Office Budget:
Per Diem, Fees and Contracts............ $ 51,000
Total Funds Budgeted......................$ 51,000
State Funds Budgeted......................$ -0-
Section 14. Department of Human
Resources.
A. Budget Unit: Departmental
Operations........................$ 3,916,603
1. General Administration and
Support Budget:
Personal Services.........................$ 129,000
Regular Operating Expenses................$ 14,068
Telecommunications........................$ 53,094
Postage................................. $ 47,000
Utilities............................... $ 2,000
Total Funds Budgeted.................... $ 245,162
State Funds Budgeted.................... $ 151,757
2. Special Programs Budget:
Personal Services.........................$ 2,500
Regular Operating Expenses................$ 8,000
Travel........................|..........$ 1,660
Publications and Printing.................$ 3,000
Real Estate Rentals..................... $ 10,200
Telecommunications...................... $ 2,032
Per Diem, Fees and Contracts..............$ 2,000
368
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage...................................$ 15,608
Menninger Group Homes................... $ 18,000
Total Funds Budgeted.................... $ 63,000
State Funds Budgeted......................$ 63,000
3. Public Health - Local
Services Budget:
Real Estate Rentals.......................$ 6,666
Telecommunications...................... $ 38,310
Total Funds Budgeted................... $ 44,976
State Funds Budgeted....................$ 44,976
4. Rehabilitation Services - Program
Direction and Support Budget:
Computer Charges......................... $ 84,000
Telecommunications....................... $ 17,500
Total Funds Budgeted....................$ 101,500
State Funds Budgeted....................$ 101,500
5. Rehabilitation Services -
Facilities Budget:
Telecommunications........................$ 7,500
Utilities............................... $ 14,280
Total Funds Budgeted.................... $ 21,780
State Funds Budgeted.................. $ 21,780
6. Public Assistance Budget:
AFDC Benefits........................... $ 3,558,719
Total Funds Budgeted....................$ 3,558,719
State Funds Budgeted.................. $ 1,200,000
7. Local Services - Community Services
and Benefits Payments Budget:
Local Services Benefits
Payments Grants........................ $ 246,000
Total Funds Budgeted....................$ 246,000
State Funds Budgeted.................. $ 123,000
8. Family and Children Services -
Program Direction and Support
Budget:
Publications and Printing.................$ 269,562
Equipment.................................$ 13,000
GEORGIA LAWS 1983 SESSION
369
Computer Charges.........................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
9. Public Health - Family
Health Budget:
Per Diem, Fees and Contracts.............$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
10. Roosevelt Warm Springs
Rehabilitation Institute Budget:
State Funds Budgeted................. ,.$
Provided that the Department is authorized to
create a new object class entitled Crippled Child-
rens Clinics, and to transfer thereto an amount
not to exceed $175,000 from the object class Crip-
pled Children Benefits, together with an amount of
State funds presently being applied to clinic opera-
tion but classified as Per Diem, Fees and Con-
tracts.
Provided however, of the $30,746,391 previ-
ously appropriated for State Fiscal Year 1983 for
Grant-in-Aid to Counties, the Department of
Human Resources is authorized and directed to
utilize $243,326 for the purpose of renovating the
Binion Building.
Provided that the Department is authorized to
increase by three the budgeted position count for
Mental Health - Program Direction and Support
Budget.
C. Budget Unit: Community Mental Health/
Mental Retardation, Youth
Services and
Institutions..:.......................$
1. Georgia Regional Hospital at
Augusta Budget:
Telecommunications...........................$
1,260,456
1,543,018
873,590
37,000
37,000
37,000
1,300,000
2,353,043
6,000
370
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities.................................$ 9,900
Total Funds Budgeted......................$ 15,900
State Funds Budgeted......................$ 15,900
2. Georgia Regional Hospital at
Atlanta Budget:
Telecommunications........................$ 10,800
Utilities.................................$ 54,300
Total Funds Budgeted......................$ 65,100
State Funds Budgeted......................$ 65,100
3. Georgia Regional Hospital at
Savannah Budget:
Telecommunications........................$ 3,500
Total Funds Budgeted......................$ 3,500
State Funds Budgeted......................$ 3,500
4. West Central Georgia Regional
Hospital Budget:
Regular Operating Expenses.............. $ 3,087
Telecommunications...................... $ 16,000
Utilities.................................$ 35,975
Total Funds Budgeted......................$ 55,062
State Funds Budgeted......................$ 55,062
5. Northwest Georgia Regional Hospital
at Rome Budget:
Telecommunications........................$ 3,500
Total Funds Budgeted......................$ 3,500
State Funds Budgeted......................$ 3,500
6. Gracewood State School
and Hospital Budget:
Telecommunications........................$ 14,735
Utilities.................................$ 100,168
Total Funds Budgeted.................... $ 114,903
State Funds Budgeted.................. $ 114,903
7. Southwestern State Hospital Budget:
Telecommunications....................... $ 8,000
Utilities............................... $ 41,000
Total Funds Budgeted.................... $ 49,000
State Funds Budgeted......................$ 49,000
GEORGIA LAWS 1983 SESSION
371
8. Georgia Retardation Center Budget:
Telecommunications.........................$ 10,000
Per Diem, Fees and Contracts...............$ 6,400
Utilities............................19,500
Total Funds Budgeted.......................$ 35,900
State Funds Budgeted.......................$ 35,900
9. Central State Hospital Budget:
Regular Operating Expenses.................$ 284,750
Utilities................................. $ 617,974
Capital Outlay.............................$ 669,000
Total Funds Budgeted.......................$ 1,571,724
State Funds Budgeted.......................$ 1,144,902
10. State Youth Development
Centers Budget:
Personal Services..........................$ 78,142
Regular Operating Expenses................ $ 38,318
Equipment Purchases........................$ 24,040
Telecommunications.........................$ 9,500
Utilities................................. $ 85,000
Capital Outlay.............................$ 99,505
Total Funds Budgeted.......................$ 334,505
State Funds Budgeted.......................$ 334,505
Total Positions Budgeted 11
11. Regional Youth Development
Centers Budget:
Telecommunications........................ $ 3,500
Utilities..................................$ 30,000
Postage....................................$ 2,000
Total Funds Budgeted...................... $ 35,500
State Funds Budgeted.......................$ 35,500
12. Community Mental Health/
Mental Retardation
Services Budget:
Supportive Living Benefits.................$ 152,787
Community Mental Retardation
Residential Services....................$ 117,184
Total Funds Budgeted.......................$ 269,971
State Funds Budgeted.......................$ 269,971
372
GENERAL ACTS AND RESOLUTIONS, VOL. I
13. Community Youth Services Budget:
Telecommunications........................$ 13,000
Utilities.................................$ 2,300
Total Funds Budgeted......................$ 15,300
State Funds Budgeted................all...$ 15,300
14. Medicaid and Medicare
Certification Reserve Budget:
Personal Services....................... $ 210,000
Total Funds Budgeted......................$ 210,000
State Funds Budgeted......................$ 210,000
Provided however, of the $4,531,875 previously
appropriated for State Fiscal Year 1983 for
Authority Lease Rentals, the Department of
Human Resources is authorized and directed to
utilize $225,000 for expenditures authorized in this
Appropriations Act.
Section 15. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade..................... $ 49,000
1. Industry Budget:
Personal Services.........................$ 12,826
Total Funds Budgeted......................$ 12,826
State Funds Budgeted................&....$ 12,826
Total Positions Budgeted 1
2. Internal Administration Budget:
Personal Services.........................$ 11,174
Georgia Semiquincentenary
Commission..............................$ 25,000
Total Funds Budgeted................ ....$ 36,174
State Funds Budgeted......................$ 36,174
Total Positions Budgeted 1
Section 16. Department of Labor.
A. Budget Unit: Inspection Division..........$ 30,426
GEORGIA LAWS 1983 SESSION
373
Inspection Division Budget:
Regular Operating Expenses.............. $ 3,046
Travel................................. $ 27,000
Real Estate Rentals...... ............. $ 380
Total Funds Budgeted....................$ 30,426
State Funds Budgeted....................$ 30,426
B. Budget Unit: Basic Employment, Work
Incentive, Correctional
Services and Comprehensive
Employment and Training...........$ 104,026
1. Basic Employment Security
and W.I.N. Budget:
Personal Services........................$ 1,040,260
Total Funds Budgeted....................$ 1,040,260
State Funds Budgeted.................. $ 104,026
Section 17. Department of Law.
Budget Unit: Department of Law.............$ 45,000
Attorney Generals Office Budget:
Personal Services......................$ 15,000
Regular Operating Expenses..............$ 30,000
Total Funds Budgeted....................$ 45,000
State Funds Budgeted.................. $ 45,000
Section 18. Department of
Medical Assistance.
Budget Unit: Medicaid Services................$ 11,840,777
1. Commissioners Office Budget:
Per Diem, Fees and Contracts.............$ 56,000
Total Funds Budgeted................... $ 56,000
State Funds Budgeted.....................$ 28,000
2. Administration Budget:
Per Diem, Fees and Contracts.............$ 10,000
Audit Contracts..........................$ 75,000
Total Funds Budgeted.....................$ 85,000
State Funds Budgeted.....................$ 61,250
374
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Program Management Budget:
Personal Services..........................$ 55,161
Regular Operating Expenses.................$ 500
Travel....................................$ 2,000
Total Funds Budgeted....................$ 57,661
State Funds Budgeted.................. $ 17,298
Total Positions Budgeted 5
4. Operations Budget:
Publications and Printing..................$ 80,000
Per Diem, Fees and Contracts...............$ 44,000
Total Funds Budgeted....................$ 124,000
State Funds Budgeted....................$ 27,250
5. Benefits Payments Budget:
Medicaid Benefits........................ $ 34,789,560
Payments to Counties
for Mental Health........................$ 1,237,030
Total Funds Budgeted....................$ 36,026,590
State Funds Budgeted.................. $ 11,706,979
Section 19. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration....................$ 106,000
Agency Assessments................$ 106,444
1. Applicant Services Budget:
Per Diem, Fees and Contracts...............$ 16,844
Postage........................ ,.......$ 20,000
Total Funds Budgeted.......................$ 36,844
Agency Assessments....................... $ 36,844
2. Employee Training and
Development Budget:
Per Diem, Fees and Contracts...............$ 50,000
Total Funds Budgeted.......................$ 50,000
Agency Assessments.........................$ 50,000
3. Health Insurance
Administration Budget:
Personal Services..........................$ -0-
Regular Operating Expenses.................$ -0-
Travel.....................................$ -0-
GEORGIA LAWS 1983 SESSION
375
Equipment Purchases.......................$ -0-
Computer Charges........................ $ 76,844
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 106,000
Postage............................... $ 6,600
Total Funds Budgeted......................$ 189,444
Employer and Employee Contributions......$ 83,444
State Funds Budgeted......................$ 106,000
Total Positions Budgeted 0
4. Health Insurance Claims Budget:
Per Diem, Fees and Contracts..............$ 661,935
Health Insurance Claims................. $ 4,330,000
Total Funds Budgeted......................$ 4,991,935
Employer and Employee
Contributions....................... $ 4,991,935
5. Internal Administration Budget:
Computer Charges..........................$ 9,600
Total Funds Budgeted......................$ 9,600
Agency Assessments...................... $ 9,600
6. Commissioners Office Budget:
Per Diem, Fees and Contracts..............$ 10,000
Total Funds Budgeted......................$ 10,000
Agency Assessments.................M.....$ 10,000
Section 20. Department of Natural
Resources.
Provided, however, that $175,000 of Lake
Lanier Islands Development Authority agency
funds are designated and committed for capital
improvements and equipment purchases at Lake
Lanier Islands.
Section 21. Department of Offender
Rehabilitation.
A. Budget Unit: Department of Offender
Rehabilitation....................$ 6,946,602
376
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. General Administration and
Support Budget:
Computer Charges............................$ 84,000
Total Funds Budgeted.....................$ 84,000
State Funds Budgeted.....................$ 84,000
2. Georgia Diagnostic and
Classification Center Budget:
Personal Services......................... $ 405,144
Regular Operating Expenses..................$ 10,560
Utilities.................................. $ 63,750
Total Funds Budgeted.....................$ 479,454
State Funds Budgeted.....................$ 379,454
Total Positions Budgeted 93
3. Consolidated Branches Budget:
Personal Services...........................$ 621,215
Regular Operating Expenses..................$ 18,498
Utilities...................................$ 80,000
Total Funds Budgeted.....................$ 719,713
State Funds Budgeted.....................$ 719,713
Total Positions Budgeted 67
4. Middle Georgia Correctional
Institution Budget:
Personal Services...........................$ 530,677
Regular Operating Expenses..................$ 15,170
Utilities...................................$ 39,600
Capital Outlay.......................... $ 2,000
Payments to Central State
Hospital for Utilities....................$ 9,500
Total Funds Budgeted.....................$ 596,947
State Funds Budgeted.....................$ 596,947
Total Positions Budgeted 55
5. Jack T. Rutledge Correctional
Institution Budget:
Personal Services...........................$ 150,855
Regular Operating Expenses..................$ 4,598
Utilities................................. $ 7,500
Total Funds Budgeted................... $ 162,953
State Funds Budgeted.....................$ 162,953
Total Positions Budgeted 17
GEORGIA LAWS 1983 SESSION
377
6. Adult Facilities and
Programs Budget:
Regular Operating Expenses................$ 178,365
Equipment Purchases.......................$ 382,011
Real Estate Rentals.......................$ 109,000
Telecommunications........................$ 45,000
Per Diem, Fees and Contracts..............$ 200,000
Utilities.................................$ 350,000
Court Costs............................. $ 220,000
Inmate Release Funds......................$ 280,000
County Subsidy............................$ 232,688
Grants for County Workcamp
Construction............................$ 42,500
Revolving Fund for County
Workcamp Construction...................$ -0-
Central Repair Fund.......................$ 50,000
County Subsidy for Jails..................$ 50,000
Total Funds Budgeted......................$ 2,139,564
State Funds Budgeted.................... $ 2,139,564
7. Training and Staff Development
Center Budget:
Regular Operating Expenses................$ 45,044
Travel.................................. $ 11,956
Total Funds Budgeted......................$ 57,000
State Funds Budgeted......................$ 57,000
8. Food Processing and
Distribution Budget:
Personal Services.........................$ 66,292
Regular Operating Expenses................$ -0-
Payments to Central State
Hospital for Meals.................. $ 278,000
Total Funds Budgeted......................$ 344,292
State Funds Budgeted......................$ 344,292
Total Positions Budgeted 7
9. Farm Operations Budget:
Regular Operating Expenses................$ 335,000
Total Funds Budgeted......................$ 335,000
State Funds Budgeted......................$ 335,000
378
GENERAL ACTS AND RESOLUTIONS, VOL. I
10. Dodge Correctional
Institution Budget:
Personal Services..........................$ 741,000
Total Funds Budgeted.......................$ 741,000
State Funds Budgeted.......................$ 741,000
11. Health Care Budget:
Personal Services..........................$ 94,324
Regular Operating Expenses.................$ 33,000
Payments to the Medical Association
of Georgia for Jail and Prison
Health Care Certification...............$ 22,000
Health Service Purchases...................$ 443,355
Total Funds Budgeted.......................$ 592,679
State Funds Budgeted..................... $ 592,679
Total Positions Budgeted 8
12. Georgia State Prison Budget:
Personal Services..........................$ 175,000
Regular Operating Expenses.................$ 140,000
Travel.................................. $ 8,000
Motor Vehicle Equipment Purchases..........$ 218,000
Equipment Purchases...................... $ 171,000
Telecommunications.........................$ 5,000
Utilities..................................$ 55,000
Capital Outlay.............................$ 22,000
Total Funds Budgeted.......................$ 794,000
State Funds Budgeted.......................$ 794,000
Total Positions Budgeted 84
Provided however, of the $840,000 previously
appropriated for State Fiscal Year 1983 for
Authority Lease Rentals, the Department of
Offender Rehabilitation is authorized and directed
to utilize $100,000 for expenditures authorized in
this appropriations act.
Employees in the classes of Correctional Offi-
cer I and II, Correctional Sergeant, Correctional
Lieutenant, and Correctional Captain who work in
and provide direct supervision and control of
inmates housed in a Special Management Unit so
designated by the Commissioner of Offender
GEORGIA LAWS 1983 SESSION
379
Rehabilitation may be paid a salary supplement
for hours worked in a Special Management Unit at
a rate not to exceed $100 per month.
B. Budget Unit: Board of Pardons and
Paroles.......................... $ 525,000
Board of Pardons and Paroles Budget:
Personal Services.........................$ 296,534
Regular Operating Expenses................$ 51,583
Travel....................................$ 28,134
Publications and Printing.................$ 1,500
Equipment Purchases......................$ 73,744
Computer Charges..........................$ 8,500
Real Estate Rentals.......................$ 15,063
Telecommunications........................$ 34,942
County Jail Subsidy.......................$ 15,000
Total Funds Budgeted.................... $ 525,000
State Funds Budgeted......................$ 525,000
Total Positions Budgeted 52
D. Budget Unit: Probation Division
Operations.........................$ 426,885
1. Probation Operations Budget:
Personal Services.........................$ 116,131
Total Funds Budgeted......................$ 116,131
State Funds Budgeted......................$ 116,131
2. Diversion Centers Budget:
Personal Services.........................$ 222,000
Regular Operating Expenses................$ 38,864
Travel....................................$ 1,500
Equipment Purchases.......................$ 69,390
Telecommunications........................$ 4,000
Utilities.................................$ 10,000
Total Funds Budgeted......................$ 345,754
State Funds Budgeted......................$ 310,754
Total Positions Budgeted 26
Section 22. Department of Public Safety.
Budget Unit: Department of Public
Safety............................$ 277,579
380
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. Driver Services Budget:
Personal Services.........................$ 21,000
Telecommunications........................$ 22,250
Computer Charges..........................$ 47,640
Total Funds Budgeted...................$ 90,890
State Funds Budgeted............. ....$ 90,890
Total Positions Budgeted 8
2. Field Operations Budget:
Telecommunications........................$ 107,750
Per Diem, Fees and Contracts.............$ 60,920
Total Funds Budgeted...................$ 168,670
State Funds Budgeted...................$ 168,670
3. Police Academy:
Telecommunications........................$ 3,768
Total Funds Budgeted......................$ 3,768
State Funds Budgeted......................$ 3,768
4. Office of Highway Safety Budget:
Personal Services....................... $ 57,388
Total Funds Budgeted.....................$ 57,388
State Funds Budgeted.................... $ 14,251
Total Positions Budgeted 2
Section 23. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions................$ 914,096
1. Resident Instruction Budget:
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 500,000
Teachers Retirement......................$ 414,096
Total Funds Budgeted......................$ 914,096
State Funds Budgeted.................... $ 914,096
Provided, the Board of Regents is authorized to
transfer from available funds in other object
classes to Teacher Retirement object class without
prior approval of the Fiscal Affairs Sub-Commit-
tees or the Office of Planning and Budget.
GEORGIA LAWS 1983 SESSION 381
B. Budget Unit: Regents Central Office.......$ 502,040
Grants to Junior Colleges............... $ 502,040
Total Funds Budgeted...................$ 502,040
State Funds Budgeted...................$ 502,040
Section 24. Department of Revenue.
Budget Unit: Department of Revenue...........$ 328,654
1. Departmental Administration
Budget:
County Tax Officials/Retirement
and FICA.......,.......................$ 161,000
Total Funds Budgeted................. $ 161,000
State Funds Budgeted...................$ 161,000
2. Field Audit Services Budget:
Regular Operating Expenses.............. $ 6,875
Publications and Printing.............,..$ 1,000
Computer Charges..........................$ 1,168
Real Estate Rentals.......................$ 95,682
Telecommunications........................$ 32,909
Total Funds Budgeted...................$ 137,634
State Funds Budgeted...................$ 137,634
3. Internal Administration Budget:
Real Estate Rentals..................... $ 30,020
Total Funds Budgeted................. $ 30,020
State Funds Budgeted...................$ 30,020
Section 25. Secretary of State.
A. Budget Unit: Secretary of State...........$ 306,388
1. Occupational Certification Budget:
Personal Services.........................$ 28,623
Total Funds Budgeted...................$ 28,623
State Funds Budgeted...................$ 28,623
2. General Services Budget:
Publications and Printing.................$ 27,300
Total Funds Budgeted...................$ 27,300
State Funds Budgeted................. $ 27,300
382
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Internal Administration Budget:
Personal Services...................... $ 40,465
Regular Operating Expenses...............$ 10,000
Total Funds Budgeted.....................$ 50,465
State Funds Budgeted.....................$ 50,465
4. Elections and Campaign
Disclosure Budget:
Election Expenses........................$ 200,000
Total Funds Budgeted.....................$ 200,000
State Funds Budgeted................... $ 200,000
Section 26. Georgia Student Finance
Commission.
Budget Unit: Georgia Student
Finance Commission ..............u $ 3,000
1. Internal Administration Budget:
Regular Operating Expenses..............$ 119,999
Travel........................;.........$ 2,300
Telecommunications..................... $ 8,529
Per Diem, Fees and Contracts.............$ 46,740
Total Funds Budgeted.....................$ 177,568
State Funds Budgeted.....................$ -0-
2. Georgia Student Finance
Authority Budget:
Law Enforcement Personnel
Dependents Grants.....................$ 3,000
Total Funds Budgeted.....................$ 3,000
State Funds Budgeted................... $ 3,000
Section 27. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 4,000
1. Soil and Water Conservation
Dam Safety Budget:
Computer Charges.........................$ 2,500
Telecommunications.......................$ 1,500
Total Funds Budgeted.....................$ 4,000
State Funds Budgeted.....................$ 4,000
GEORGIA LAWS 1983 SESSION
383
Section 28. Department of Transportation.
As authorized in the Amended General Appro-
priations Act for S.F.Y. 1981, $208,500,000 in prin-
cipal amount of General Obligations Bonds were
sold for advance construction of the interstate sys-
tem. The General Assembly of Georgia recognizes
that the Department of Transportation is seeking a
partial federal reimbursement of $24,748,573 in or-
der to provide $4,748,573 for debt-service payment
in State Fiscal Year 1983, and to pay $20,000,000
into the State General Treasury by June 30,1983.
This General Assembly further recognizes that
these payments shall be applied to the $187,650,000
originally due to be repaid to the State Treasury,
leaving a principal balance of $162,901,427 to be re-
paid to the State Treasury.
Section 29. Workers Compensation Board.
Budget Unit: Workers Compensation
Board................... ,....$
1. Workers Compensation
Administrative Budget:
Personal Services..........................$
Computer Charges...........................$
Total Funds Budgeted.......................$
State Funds Budgeted..................... $
Section 30. State of Georgia General
Obligation Debt Sinking Fund.
B. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (New)............................$
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $390,000 is specifically
appropriated for the purpose of financing the reno-
vation of facilities under the control of the State
46,965
26.965
20,000
46.965
46,965
6,270,368
384
GENERAL ACTS AND RESOLUTIONS, VOL. I
Board of Regents of the University System
through the issuance of not more than $1,500,000
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, $2,194,400 is specifically
appropriated for the purpose of financing the con-
struction of Area Vocational-Technical Schools at
Valdosta and Columbus through the issuance of
not more than $8,440,000 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, $3,685,968 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 $14,200,000 in principal amount of
General Obligation Debt.
Section 31. There is hereby appropriated
$333,000 for the purpose of increasing the State of
Georgia employers contribution for health insur-
ance from 6.5% to 7.7% to be effective June 16,
1983.
Section 32. 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 33. TOTAL SUPPLEMENTARY
APPROPRIATION
State F.Y. 1983...........................
Section 34. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
52,344,355
GEORGIA LAWS 1983 SESSION
385
Section 35. All laws and parts of laws in
conflict with this Act are repealed.
Approved February 18,1983.
GENERAL ASSEMBLY DOORKEEPERS.
Code Section 28-3-1 Amended.
No. 12 (Senate Bill No. 159).
AN ACT
To amend Code Section 28-3-1 of the Official Code of Georgia
Annotated, relating to the election and compensation of doorkeepers
and messengers, so as to delete the provisions relating to the door-
keeper and messenger for the Senate; to provide for a sergeant-at-
arms for the Senate; to 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 28-3-1 of the Official Code of Georgia
Annotated, relating to the election and compensation of doorkeepers
and messengers, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 28-3-1 to
read as follows:
28-3-1. The House of Representatives is entitled to a door-
keeper and a messenger who shall perform such duties as may be
required of them, who shall be elected as provided for the election of
the Clerk of the House of Representatives, and who shall be compen-
sated as provided by resolution of the House of Representatives. The
Senate is entitled to a sergeant-at-arms who shall perform such duties
as may be required of him, who shall be elected by the Senate, and
who shall be compensated as provided by resolution of the Senate.
386
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 2,1983.
GRIFFIN JUDICIAL CIRCUIT DISTRICT
ATTORNEYS, COUNTY SUPPLEMENTS.
No. 16 (House Bill No. 509).
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) and an Act
approved April 12, 1982 (Ga. L. 1982, p. 596), so as to change the
county supplement for the district attorneys 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) and an Act
approved April 12,1982 (Ga. L. 1982, p 596), 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 authorized to provide
from county funds a supplement to the compensation of each judge
received from state funds, and the district attorney received from
GEORGIA LAWS 1983 SESSION
387
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-
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.,
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 $7,500.00 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 $3,225.00 as a salary supple-
388
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment for the district attorney; Upson County shall pay $2,300.00 as a
salary supplement for each judge and $1,725.00 as a salary supple-
ment for the district attorney; Fayette County shall pay $2,600.00 as a
salary supplement for each judge and $1,950.00 as a salary supple-
ment for the district attorney; Pike County shall pay $800.00 as a
salary supplement for each judge and $600.00 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 given that there will be introduced at the regular 1983
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 District Attorney of that Circuit; and for other purposes.
This 17th day of January, 1983.
Marvin Adams
Representative,
79th District
GEORGIA LAWS 1983 SESSION
389
Georgia, Pike County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Rachel McClelland, who, on oath,
deposes, certifies, and says that she is 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: January 19,26 and February 2,1983.
/s/ Rachel McClelland
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Eric D. Hearn
Notary Public.
My Commission Expires 10/8/86.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
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 District Attorney of that Circuit; and for other purposes.
This 17th day of January, 1983.
Marvin Adams
Representative,
79th District
390
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia, Spalding County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Quimby Melton, who, on oath,
deposes, certifies, and says that he is the 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, on the following dates: January
20,27 and February 3,1983.
/s/ Q. Melton
Publisher,
General Manager
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Eric D. Hearn
Notary Public.
My Commission Expires 10/8/86.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
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 District Attorney of that Circuit; and for other purposes.
This 17th day of January, 1983.
Marvin Adams
Representative,
79th District
GEORGIA LAWS 1983 SESSION
391
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 Introduce
Local Legislation was published in the Thomaston Times which is the
official organ of Upson County, on the following dates: January 19,26
and February 2,1983.
/s/ Casper Y. Wood
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Sara S. Anglin
Notary Public.
My Commission Expires 8/12/85.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
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 District Attorney of that Circuit; and for other purposes.
This 17th day of January, 1983.
Marvin Adams
Representative,
79th District
392
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John L. Mostiler, who, on oath,
deposes and says that he is Representative from the 75th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Fayette County News which is the
official organ of Fayette County, on the following dates: January 19,
26, and February 2,1983.
/s/ John L. Mostiler
Representative,
75th District
Sworn to and subscribed before me,
this 2nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 2, 1983.
GEORGIA LAWS 1983 SESSION
393
GEORGIA BUREAU OF INVESTIGATION
ANTITERRORISM TASK FORCE.
Code Sections 35-3-60 through 35-3-65 Enacted.
No. 21 (House Bill No. 83).
AN ACT
To amend Chapter 3 of Title 35 of the Official Code of Georgia
Annotated, relating to the Georgia Bureau of Investigation, so as to
create within the Georgia Bureau of Investigation an Antiterrorism
Task Force; 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. Chapter 3 of Title 35 of the Official Code of Georgia
Annotated, relating to the Georgia Bureau of Investigation, is
amended by adding a new Article 3 to read as follows:
ARTICLE 3
35-3-60. This article is enacted as a direct response to the high
level of reactivation of violent and terroristic acts against persons
residing within the State of Georgia and in response to the outcry of
the communities for assistance from the State of Georgia in combat-
ing these violent and terroristic acts.
35-3-61. (a) This article shall be known and may be cited as the
Antiterrorism Act.
(b) The purpose of this article shall be to assist law enforcement
personnel in the State of Georgia to identify, investigate, arrest, and
prosecute individuals or groups of individuals who illegally threaten,
harass, terrorize, or otherwise injure or damage the person or property
of persons on the basis of their race, national origin, or religious
persuasion.
(c) It is the intent of the General Assembly that this article be
interpreted and construed liberally to accomplish its purposes.
394
GENERAL ACTS AND RESOLUTIONS, VOL. I
35-3-62. As used in this article, the term:
(1) Terroristic acts as used in this Act means an act which
constitutes a crime against the person or against the residence of
an individual which is committed with the specific intent of and
may reasonably be expected to instill fear into such person or
persons or which is committed for the purpose of restraining that
person or those persons from exercising their rights under the
Constitution and laws of this state and the United States; and any
illegal acts directed at other persons or their property because of
that persons political beliefs or political affiliation.
35-3-63. There is established a special Antiterrorism Task Force
within the Georgia Bureau of Investigation. This Antiterrorism Task
Force shall operate independently of any other investigative opera-
tions within the Georgia Bureau of Investigation and shall devote
itself to the tasks of identifying, investigating, arresting, and prose-
cuting individuals or groups of individuals who perform terroristic
acts, against a person or his residence on the basis of such persons
race, national origin, or religious persuasion.
35-3-64. All efforts shall be made to maintain the confidentiality
of the investigative efforts of the Antiterrorism Task Force and the
identity of agents who operate in undercover assignments. Informa-
tion may, however, be shared with other law enforcement agencies
when, in the sole discretion of the director of investigation or the
director of the Antiterrorism Task Force, the sharing of such informa-
tion would not compromise the successful completion of the invest-
igation or cases being made.
35-3-65. The Antiterrorism Task Force shall be authorized to
work with and seek the assistance of other law enforcement agencies
when, in the sole discretion of the director of investigation or the
director of the Antiterrorism Task Force, such assistance would not
compromise the successful completion of the investigations or cases
being made.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1983 SESSION
395
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 3,1983.
CAPITAL FELONY EXPENSES REIMBURSEMENT
OF COUNTIES.
Code Chapter 17-11 Amended.
No. 23 (House Bill No. 8).
AN ACT
To amend Article 2 of Chapter 11 of Title 17 of the Official Code of
Georgia Annotated, relating to reimbursement for capital felony
expenses, so as to define and redefine certain terms; to change the
basis for reimbursement of counties for capital felony expenses; to
change the time in which reimbursement payments are to be made; to
change the provisions relating to maintenance of records of capital
felony expenses by clerks of the superior 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. Article 2 of Chapter 11 of Title 17 of the Official Code
of Georgia Annotated, relating to reimbursement for capital felony
expenses, is amended by striking in its entirety paragraph (2) of Code
Section 17-11-21, relating to definitions, and inserting in lieu thereof
a new paragraph (2) to read as follows:
(2) Capital felony expenses means expenses incurred by a
county and paid from county funds as a direct result of a capital
felony case being tried by a superior court. The term includes
expenses from the date of the arrest of the defendant to the date of
the superior court conviction, expenses from the date of the convic-
396
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion until the date of the last appellate court affirmance of the
conviction, expenses from the last appellate court reversal to any
subsequent superior court convictions or retrials, expenses from any
retrials to the last appellate court action on the conviction, expenses
from the date of the arrest of the defendant to the date of the
defendants release if there is no conviction or if the conviction is
reversed and there is no retrial, or expenses during any combination
of these periods. The term shall not include the following expenses:
(A) Any expenses reimbursed by or pursuant to state law;
(B) The salaries, compensation, and expenses of all county
officers and employees, except for any compensation and expenses
of temporary employees employed as a direct result of the capital
felony case or extraordinary expenses incurred by county officers
and employees as a direct result of the capital felony case; and
(C) County-paid supplements to the salaries or compensa-
tion of state officers and employees.
Section 2. Said article is further amended by striking in its
entirety Code Section 17-11-22, which reads as follows:
17-11-22. Each county in which the superior court tries a
capital felony case shall be reimbursed for capital felony expenses as
follows:
(1) When a single capital felony case results in capital felony
expenses during a calendar year, exceeding 5 percent of county
revenue for the immediately preceding calendar year, the county
shall be reimbursed for all capital felony expenses incurred as a
result of the capital felony case, which expenses exceed 5 percent
of such county revenue; and
(2) When two or more capital felony cases result in capital
felony expenses during a calendar year, exceeding 10 percent of
county revenue for the immediately preceding calendar year, the
county shall be reimbursed for all capital felony expenses exceed-
ing 10 percent of such county revenue. This paragraph shall not
operate to preclude reimbursement under paragraph (1) of this
Code section if a single capital felony case entitles a county to
reimbursement thereunder, even though total capital felony cases
may not entitle a county to reimbursement under this para-
graph.,
GEORGIA LAWS 1983 SESSION
397
and inserting in lieu thereof a new Code Section 17-11-22 to read as
follows:
17-11-22. Each county which is responsible for the costs of a
capital felony case will be reimbursed for capital felony expenses as
follows:
(1) Single capital felony cases:
(A) Expenses from the date of arrest will be accumu-
lated. When a single capital felony case results in capital
felony expenses, the accumulation of which is more than 5
percent of county revenue for the calendar year in which the
superior court conviction occurs or in which the defendant is
released if not convicted, the county will be reimbursed for all
such accumulated capital felony expenses in excess of the 5
percent level;
(B) If a capital felony case is appealed, expenses from
the date of the superior court conviction will be accumulated.
When the appeal of a single capital felony case results in
capital felony expenses, the accumulation of which is more
than 5 percent of county revenue for the calendar year in
which tbe last appellate court action on the conviction occurs,
the county will be reimbursed for all such capital felony
expenses in excess of the 5 percent level. If the county chooses
not to seek reimbursement for capital felony expenses from
the date of arrest to the date of the superior court conviction
and instead seeks reimbursement for its capital felony
expenses through the last appellate court action, the county
will be reimbursed for all accumulated capital felony
expenses in excess of the 5 percent level;
(C) If a capital felony case is appealed and the convic-
tion is reversed, capital felony expenses for any subsequent
retrial and appeals will be handled in accordance with the
provisions of subparagraphs (A) and (B) of this paragraph;
(D) No capital felony expenses for which reimburs-
ement has already been made will again be included in any
subsequent calculations or reimbursement requests;
398
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Two or more capital felony cases:
(A) Expenses from the dates of arrest will be accumu-
lated. When two or more capital felony cases each result in
capital felony expenses, the accumulation of which is more
than 10 percent of county revenue for the calendar year in
which the superior court convictions occur or in which the
defendant or defendants is or are released if not convicted,
the county will be reimbursed for all such accumulated cap-
ital felony expenses in excess of the 10 percent level;
(B) If two or more capital felony cases are appealed,
expenses from the dates of the superior court convictions will
be accumulated. When the appeals of two or more capital
felony cases result in capital felony expenses, the accumula-
tion of which is more than 10 percent of county revenue for
the calendar year in which the last appellate court action on
the convictions occurs, the county will be reimbursed for all
such accumulated capital felony expenses in excess of the 10
percent level. If the county chooses not to seek reimburs-
ement for capital felony expenses from the date of arrest to
the dates of the superior court convictions and instead seeks
reimbursement for its capital felony expenses through the last
appellate court action, the county will be reimbursed for all
accumulated capital felony expenses in excess of the 10
percent level;
(C) If two or more capital felony cases are appealed and
the convictions are reversed, capital felony expenses for any
subsequent retrials and appeals will be handled in accordance
with the provisions of subparagraphs (A) and (B) of this
paragraph; provided, however, that, if only one conviction is
reversed, capital felony expenses for any subsequent retrial
and appeals will be handled in accordance with the provisions
of subparagraphs (A) and (B) of this paragraph;
(D) No capital felony expenses for which reimburs-
ement has already been made will again be included in any
subsequent calculations or reimbursement requests;
(E) Nothing in this paragraph relative to two or more
capital felony cases shall operate to preclude reimbursement
under paragraph (1) of this Code section if a single capital
GEORGIA LAWS 1983 SESSION
399
felony case entitles a county to reimbursement thereunder
even though total capital felony cases may not entitle a
county to reimbursement under this paragraph.
Section 3. Said article is further amended by striking in its
entirety subsection (a) of Code Section 17-11-23, relating to when
reimbursement payments are to be made, which subsection reads as
follows:
(a) Reimbursement payments for capital felony expenses
under this article shall be made by one annual payment to the
governing authority of each county incurring capital felony expenses.
The payments shall be made during the first quarter of the states
fiscal year for county capital felony expenses incurred during the
immediately preceding calendar year.,
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Reimbursement payments for eligible capital felony
expenses under this article will be made to the governing authority of
each county incurring capital felony expenses. The payments will be
made during the states fiscal year for capital felony expenses eligible
for reimbursement during the immediately preceding calendar year.
Section 4. Said article is further amended by striking in its
entirety subsection (c) of Code Section 17-11-24, relating to adminis-
tration of the Capital Felony Expense Act, and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) The clerks of the superior courts will be the local adminis-
trators of this article; and, consistent with rules and regulations
promulgated by the commissioner as provided by subsection (b) of
this Code section, the clerks will maintain records of capital felony
expenses for the purposes of this article. Based on such records, the
clerk of each superior court will certify to the commissioner, during
the first quarter of each calendar year, capital felony expenses eligible
for reimbursement during the preceding calendar year.
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
400
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 4,1983.
COMMISSIONER OF TRANSPORTATION TERM
OF OFFICE.
Code Section 32-2-40 Amended.
No. 25 (Senate Bill No. 65).
AN ACT
To amend Code Section 32-2-40 of the Official Code of Georgia
Annotated, relating to the commissioner of transportation, so as to
modify the term of office of the commissioner of transportation; to
authorize the State Board of Transportation to select the term of the
commissioner; to provide for other matters relative to the foregoing;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 32-2-40 of the Official Code of Georgia
Annotated, relating to the commissioner of transportation, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 32-2-40 to read as follows:
32-2-40. (a) The commissioner of transportation shall be the
chief executive officer of the department.
(b) The commissioner, his successor, and each succeeding com-
missioner thereafter shall be selected by a vote of the majority of the
total number of members of the board. At the time of said vote, the
board shall stipulate the term the commissioner shall serve, and said
GEORGIA LAWS 1983 SESSION
401
commissioner shall serve during the stipulated term and until his
successor is selected by the board and duly qualified. The board shall
stipulate one of the following to be the term of the commissioner:
(1) The commissioner shall serve at the pleasure of the
board; or
(2) The commissioner shall serve any term specified by the
board up to and including a maximum of four years; however, the
board shall not specify a term of office that extends beyond the
end of the term of the Governor in office at the time the commis-
sioners term is scheduled to begin.
(c) If the board stipulates that the commissioner shall serve
under the provisions of paragraph (2) of this subsection, upon a vote
of the majority of the total members of the board, the commissioner
shall be subject to removal by the board for just cause after reason-
able notice, copy of charge, hearing, and opportunity for presentation
of evidence. In the event of a vacancy in the office of the commissioner
by reason of resignation, removal, death, or permanent incapacity and
inability to perform the duties of the office, the deputy commissioner
shall become acting commissioner to serve until such time as the
board at any regular or called meeting selects a new commissioner to
fill the unexpired term of office created by such vacancy.
(d) The commissioner shall qualify, upon selection, by executing
a bond in the amount of $100,000.00 with a corporate surety licensed
to do business in this state and payable to the Governor and his
successors in office, such bond to be approved by the Governor and
conditioned on the faithful discharge of his duties as commissioner.
The premium of such bond shall be paid from funds of the depart-
ment.
(e) The commissioner shall devote full time and attention to the
duties and responsibilities of his office. No person who serves as
commissioner shall be eligible, except as hereinafter provided in this
subsection, to qualify as a candidate in any primary, special, or
general election for any state or federal elective office nor to hold any
such office, except as hereinafter provided in this subsection, during
the time he serves as commissioner and for a period of 12 months after
the date he ceases to serve as commissioner. However, nothing
contained in this subsection shall prevent the commissioner from
being appointed to any other office nor disqualify him from running
402
GENERAL ACTS AND RESOLUTIONS, VOL. I
in any election to succeed himself in any office to which he was
appointed nor to hold such office in the event he is elected thereto and
otherwise qualified therefor; provided, however, that the commis-
sioner shall resign as commissioner of transportation before accepting
any such appointive office.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 9,1983.
COSTS OF MUNICIPAL ELECTIONS WHERE
CONDUCTED BY CERTAIN COUNTIES
(175,000 - 185,000).
Code Section 21-3-10 Amended.
No. 32 (House Bill No. 485).
AN ACT
To amend Code Section 21-3-10 of the Official Code of Georgia
Annotated, relating to the authorization by the governing authority of
certain municipalities to allow the county to conduct all municipal
elections, so as to provide that the county board of elections of certain
counties shall conduct all municipal elections in certain municipali-
ties within said counties; to provide for the adjustment of responsibil-
ity for the payment of costs of an election; 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:
GEORGIA LAWS 1983 SESSION
403
Section 1. Code Section 21-3-10 of the Official Code of Georgia
Annotated, relating to the authorization by the governing authority of
certain municipalities to allow the county to conduct all municipal
elections, is amended by adding a new paragraph at the end of Code
Section 21-3-10 to read as follows:
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 of 1980 or any future such census, municipal elec-
tions in any municipality having a population in excess of 40,000
according to the United States decennial census of 1980 or any future
such census and lying wholly within such counties shall be conducted
by the county board of elections. With reference to any such election,
such municipality shall pay the county all costs incurred in conduct-
ing such elections.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
SUPERIOR COURT JUDGES U SALARY SUPPLEMENTS
CERTAIN COUNTIES (38,000 - 39,000).
No. 61 (House Bill No. 756).
AN ACT
To provide that each county in this state having a population of
not less than 38,000 and not more than 39,000 shall pay a specified
supplement to the judge of superior court of the county; to provide for
related matters; to provide for an effective date and a date of repeal;
to repeal conflicting laws; and for other purposes.
404
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. The governing authority of each county of this state
which has a population of not less than 38,000 and not more than
39,000 according to the United States decennial census of 1980 or any
future such census shall pay to the judge of the superior court of the
county a supplement in the amount of $1,114.00 per annum. This
supplement shall be paid in equal monthly installments from county
funds and shall be in addition to any and all other compensation to
which the judge is entitled, including without limitation any supple-
ment provided for by local law.
Section 2. This Act shall be repealed in its entirety May 1,
1984.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
PROBATE JUDGES COURT COSTS IN CERTAIN
COUNTIES (38,000 - 38,200).
Code Section 15-9-60 Amended.
No. 89 (House Bill No. 763).
AN ACT
To amend Article 3 of Chapter 9 of Title 15 of the Official Code of
Georgia Annotated, relating to costs and compensation of probate
judges, so as to change the amount of the court costs charged by the
GEORGIA LAWS 1983 SESSION
405
probate judges of all counties having a population of not less than
38,000 and not more than 38,200; 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. Article 3 of Chapter 9 of Title 15 of the Official Code
of Georgia Annotated, relating to costs and compensation of probate
judges, is amended by adding at the end of Code Section 15-9-60 a
new subsection (f) to read as follows:
(f) Notwithstanding the provisions of subsection (a) of this
Code section, in all counties of this state having a population of not
less than 38,000 nor more than 38,200 according to the United States
decennial census of 1980 or any future such census, the judges of the
probate courts are entitled to the court costs specified in subsection
(e) of this Code section.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
SUPERIOR COURTS TALLAPOOSA CIRCUIT
TERMS.
Code Section 15-6-3 Amended.
No. 107 (House Bill No. 430).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to the terms of court for the superior courts of the
406
GENERAL ACTS AND RESOLUTIONS, VOL. I
judicial circuits of this state, so as to change the terms for the superior
courts of the Tallapoosa 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 15-6-3 of the Official Code of Georgia
Annotated, relating to the terms of court for the superior courts of the
judicial circuits of this state, is amended by striking paragraph (38) of
subsection (a) in its entirety and inserting in lieu thereof a new
paragraph (38) to read as follows:
(38) Tallapoosa Circuit:
(A) Haralson County Second Monday in April and
September and first Monday in December.
(B) Paulding County First Monday in February and
third Monday in May and October.
(C) Polk County Second Monday in January and fourth
Monday in April and September.
Section 2. This Act shall become effective May 14,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
GEORGIA LAWS 1983 SESSION
407
FLINT JUDICIAL CIRCUIT DISTRICT
ATTORNEY INVESTIGATOR PROVIDED.
No. 124 (House Bill No. 820).
AN ACT
To provide for an investigator for the district attorney of the Flint
Judicial Circuit; to provide for the compensation, powers, duties,
term of office, and expenses of the investigator; to provide for other
matters relative to the foregoing; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The district attorney of the Flint Judicial Circuit
shall be authorized to employ an investigator for the Flint Judicial
Circuit. It shall be within the full power and authority of the district
attorney during his term of office to designate the person who shall be
employed as the investigator, to prescribe his duties and assignments,
and to remove or replace such investigator at will and within his sole
discretion. The investigator shall have the same power to make
arrests, to execute and return all criminal warrants and processes, to
serve as a peace officer, and to perform such duties as may be
performed by a sheriff. The salary and any expense allowance of the
investigator shall be set by agreement of the governing authorities of
all the counties comprising the Flint Judicial Circuit.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to provide for an
408
GENERAL ACTS AND RESOLUTIONS, VOL. I
investigator for the District Attorney of the Flint Judicial Circuit; to
provide for certain matter relative to said position; and for other
purposes.
This 25th day of January, 1983.
E. Byron Smith,
District Attorney
Georgia, Butts County.
Personally appeared before me, a Notary Public within and for the
above State and County, W. Herman Cawthon, who, on oath, deposes
and says that he is the publisher of the Jackson Progress-Argus,
which is the official organ of Butts County, and that the attached
copy of Notice of Intention to Introduce Local Legislation was
published therein on the following date: Jan. 26,1983, Feb. 2,1983,
Feb. 9,1983.
/s/ W. Herman Cawthon
Publisher
Sworn to and subscribed before me,
this 22nd day of Feb. 1983.
/s/ Cindy Cook
Notary Public, Butts County Georgia.
My Commission Expires 11/28/86.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to provide for an
GEORGIA LAWS 1983 SESSION
409
investigator for the District Attorney of the Flint Judicial Circuit; to
provide for certain matters relative to said position; and for other
purposes.
This 24th day of January, 1983.
Kenneth R.Waldrep
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth Waldrep, who, on oath,
deposes and says that he is Representative from the 80th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Henry Herald which is the official
organ of Henry County, on the following dates: January 26, February
2,9,1983.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at tRe regular 1983
session of the General Assembly of Georgia a bill to provide for an
410
GENERAL ACTS AND RESOLUTIONS, VOL. I
investigator for the district attorney of the Flint Judicial Circuit; to
provide for certain matters relative to said position; and for other
purposes.
This 24th day of January, 1983.
/s/ Kenneth Waldrep
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Kenneth Waldrep, who, on oath,
deposes and says that he is Representative from the 80th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Monroe County Reporter which is
the official organ of Monroe County, on the following dates: January
26, February 2,9,1983.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 23rd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to provide for an
GEORGIA LAWS 1983 SESSION
411
investigator for the District Attorney of the Flint Judicial Circuit; to
provide for certain matter relative to said position; and for other
purposes.
This 24th day of January, 1983.
E. Byron Smith
District Attorney
Affidavit of Publisher.
Georgia, Lamar County.
Personally appeared before me, the undersigned officer, duly
authorized to administer oaths in said County and State, Walter B.
Geiger, Jr., who, having been duly sworn, deposes and says on oath
that he is Publisher of The Herald Gazette, that, as such, he is
authorized to make this affidavit, and that the attached notice was
published in The Herald Gazette, a local newspaper of general
circulation in Lamar County, Georgia on 1/26,2/2,2/9,1983.
This 22 day of February, 1983.
/s/ Walter B. Geiger, Jr.
Publisher
Sworn to and subscribed before me,
this 22 day of February, 1983.
/s/ Priscilla Me Waters
Notary Public, Lamar Co., Ga.
My Commission Expires November 22, 1986.
(Seal).
Approved March 14, 1983.
412
GENERAL ACTS AND RESOLUTIONS, VOL. I
DOUGLAS JUDICIAL CIRCUIT JUDGES
SUPPLEMENT BY DOUGLAS COUNTY.
No. 127 (House Bill No. 811).
AN ACT
To amend an Act creating the Douglas Judicial Circuit, approved
March 20,1980 (Ga. L. 1980, p. 563), as amended by an Act approved
April 7,1981 (Ga. L. 1981, p. 706), so as to change the amount of the
supplement paid to the superior court judges of the Douglas Judicial
Circuit from funds of Douglas County; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Douglas Judicial Circuit,
approved March 20,1980 (Ga. L. 1980, p. 563), as amended by an Act
approved April 7,1981 (Ga. L. 1981, p. 706), is amended by striking
from subsection (a) of Section 2 the following:
$6,000.00,
and inserting in lieu thereof the following:
$8,000.00,
so that when so amended said subsection (a) of Section 2 shall read as
follows:
Section 2. (a) Each judge of said circuit shall receive such
compensation and allowances as are now or hereafter provided by law.
In addition to the compensation and expenses paid from state funds,
each judge of the superior court of the Douglas Judicial Circuit shall
receive a supplemental expense allowance of $8,000.00 per annum,
GEORGIA LAWS 1983 SESSION
413
payable in equal monthly installments from the funds of Douglas
County. Any other provision of law to the contrary notwithstanding,
such supplemental expense allowance paid under the provisions of
this section shall not be used or included in calculating any pension,
retirement, or other benefits or payments to such judge by Douglas
County, nor any payments to any such judge who becomes a senior
judge of the superior courts (formerly known as judge of the superior
courts emeritus).
Section 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to provide for a
salary supplement for the superior court judges of the Douglas
Judicial Circuit to be paid from funds of Douglas County; and for
other purposes.
This 15th day of January, 1983.
/s/ Thomas M. Kilgore
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas M. Kilgore, who, on oath,
deposes and says that he is Representative from the 42nd District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Douglas County Sentinel which is
the official organ of Douglas County, on the following dates: January
20,27, and February 3,1983.
414
GENERAL ACTS AND RESOLUTIONS, VOL. I
/s/ Thomas M. Kilgore
Representative,
42nd District
Sworn to and subscribed before me,
this 22nd day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14, 1983.
COUNTY TAX COLLECTORS AUTHORITY TO
DEDUCT FROM SCHOOL TAX REPEALED.
Code Section 48-5-405 Amended.
No. 140 (House Bill No. 409).
AN ACT
To amend Code Section 48-5-405 of the Official Code of Georgia
Annotated, relating to the levy and collection of tax by municipalities
for maintenance of independent school systems, so as to repeal a
subsection relating to the amount of deductions by county tax
officials from school taxes 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; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1983 SESSION
415
Section 1. Code Section 48-5-405 of the Official Code of Georgia
Annotated, relating to the levy and collection of tax by municipalities
for maintenance of independent school systems, is amended by
repealing subsection (c) which reads 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.,
in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
OCMULGEE JUDICIAL CIRCUIT TERMS
OF COURT.
Code Section 15-6-3 Amended.
No. 151 (House Bill No. 194).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of court, so as to change the terms of
court in Greene County within the Ocmulgee Judicial Circuit; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
416
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 terms of court, is amended by striking in its
entirety subparagraph (B) of paragraph (28) of subsection (a) and
inserting in lieu thereof a new subparagraph (B) to read as follows:
(B) Greene County Fourth Monday in January, April,
August, and November.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
COUNTY COMMISSIONERS AMOUNT OF
COMPENSATION IN CERTAIN COUNTIES
(550,000 OR MORE).
No. 168 (Senate Bill No. 133).
AN ACT
To amend an Act fixing the compensation of the board of commis-
sioners of counties having a population in excess of 500,000 according
to the United States decennial census of 1970 or any future such
census, approved March 30,1971 (Ga. L. 1971, p. 2369), as amended,
particularly by an Act approved April 20,1982 (Ga. L. 1982, p. 5100),
so as to change the provisions relating to the method by which
compensation is changed within the limitations specified by said Act;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1983 SESSION
417
Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the compensation of the board of
commissioners of counties having a population in excess of 500,000
according to the United States decennial census of 1970 or any future
such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as
amended, particularly by an Act approved April 20,1982 (Ga. L. 1982,
p. 5100), is amended by striking Section 1 in its entirety and substi-
tuting in lieu thereof a new Section 1 to read as follows:
Section 1. The chairman of the board of commissioners of
counties of this state having a population of 550,000 or more accord-
ing to the United States census of 1970 or any future census shall be
compensated in the amount not to exceed $15,000.00 per annum. The
other members of said board shall be compensated in the amount not
to exceed $14,000.00 per annum. The compensation of the chairman
and members of said board shall be fixed within the limitations
provided for herein by a budget providing for the amount of such
compensation being adopted by the board of commissioners, but a
change in compensation may not become effective until on or after
the date the members of the board take office following a regular
county election. Compensation payable hereunder shall be paid in
equal monthly installments on the first day of each month out of the
county treasury.
Section 2. This Act shall become effective upon its approval by
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 March 14,1983.
418
GENERAL ACTS AND RESOLUTIONS, VOL. I
ALAPAHA JUDICIAL CIRCUIT TERMS OF COURT.
No. 178 (House Bill No. 82).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of court, so as to change the terms of
court of the Alapaha 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 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of court, is amended by striking in its
entirety paragraph (1) of subsection (a), which reads as follows:
(1) Alapaha Circuit:
(A) Atkinson County Third Monday in January and
October.
(B) Berrien County Third Monday in February and
November.
(C) Clinch County B- First Monday in March and Novem-
ber.
(D) Cook County First Monday in February and Octo-
ber.
(E) Lanier County Second Monday in January and
September.,
and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Alapaha Circuit:
(A) Atkinson County First Monday in April and October.
GEORGIA LAWS 1983 SESSION
419
(B) Berrien County First Monday in February and
August.
(C) Clinch County Third Monday in March and
September.
(D) Cook County Second Monday in January and July.
(E) Lanier County ws- Fourth Monday in April and Octo-
ber.
Section 2. This Act shall become effective June 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1983.
OCMULGEE JUDICIAL CIRCUIT GRAND JURIES.
No. 179 (House Bill No. 195).
AN ACT
To provide for the drawing of grand juries in each county in the
Ocmulgee Judicial Circuit and the length of terms of said grand juries;
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 judge shall draw a grand jury for the
January term of the Superior Court of Baldwin County, and such
grand jury so drawn shall serve for the January and April terms of
said court. The judge shall draw a grand jury for the July term of the
Superior Court of Baldwin County, and such grand jury so drawn
shall serve for the July and October terms of said court.
420
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The judge shall draw a grand jury for the January term of the
Superior Court of Greene County, and such grand jury so drawn shall
serve for the January and April terms of said court. The judge shall
draw a grand jury for the August term of the Superior Court of Greene
County, and such grand jury so drawn shall serve for the August and
November terms of said court.
(c) The judge shall draw a grand jury for the March term of the
Superior Court of Hancock County, and such grand jury so drawn
shall serve for the March and June terms of said court. The judge
shall draw a grand jury for the September term of the Superior Court
of Hancock County, and such grand jury so drawn shall serve for the
September and December terms of said court.
(d) The judge shall draw a grand jury for the February term of
the Superior Court of Jasper County, and such grand jury so drawn
shall serve for the February and May terms of said court. The judge
shall draw a grand jury for the August term of the Superior Court of
Jasper County, and such grand jury so drawn shall serve for the
August and November terms of said court.
(e) The judge shall draw a grand jury for the February term of
the Superior Court of Jones County, and such grand jury so drawn
shall serve for the February and April terms of said court. The judge
shall draw a grand jury for the August term of the Superior Court of
Jones County, and such grand jury so drawn shall serve for the August
and October terms of said court.
(f) The judge shall draw a grand jury for the March term of the
Superior Court of Morgan County, and such grand jury so drawn shall
serve for the March and June terms of said court. The judge shall
draw a grand jury for the September term of the Superior Court of
Morgan County, and such grand jury so drawn shall serve for the
September and December terms of said court.
(g) The judge shall draw a grand jury for the March term of the
Superior Court of Putnam County, and such grand jury so drawn
shall serve for the March and June terms of said court. The judge
shall draw a grand jury for the September term of the Superior Court
of Putnam County, and such grand jury so drawn shall serve for the
September and December terms of said court.
GEORGIA LAWS 1983 SESSION
421
(h) The judge shall draw a grand jury for the January term of the
Superior Court of Wilkinson County, and such grand jury so drawn
shall serve for the January and April terms of said court. The judge
shall draw a grand jury for the July term of the Superior Court of
Wilkinson County, and such grand jury so drawn shall serve for the
January and April terms of said court.
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 March 14,1983.
TRANSFER OF EMPLOYEES FROM CERTAIN COUNTY
PROBATION DEPARTMENTS (550,000 OR MORE)
TO DEPARTMENT OF OFFENDER REHABILITATION
EFFECT ON PENSION BENEFITS.
Code Section 42-8-43.1 Amended.
No. 183 (Senate Bill No. 123).
AN ACT
To amend Code Section 42-8-43.1 of the Official Code of Georgia
Annotated, relating to participation of the Department of Offender
Rehabilitation in the cost of certain county probation systems and the
transfer of such county probation systems to the state-wide probation
system, so as to provide that when an employee of a county probation
system of 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 becomes an employee of the Department of
Offender Rehabilitation at the same or a greater salary, the change in
employment shall not constitute involuntary separation or termina-
tion from employment within the meaning of any local retirement or
422
GENERAL ACTS AND RESOLUTIONS, VOL. I
pension system of which the employee was a member at the time of
such change in employment, and that the change in employment shall
not entitle the employee to begin receiving any retirement or pension
benefit whatsoever under any such local retirement or pension
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. Code Section 42-8-43.1 of the Official Code of Georgia
Annotated, relating to participation of the Department of Offender
Rehabilitation in the cost of certain county probation systems and the
transfer of such county probation systems to the state-wide probation
system, is amended by adding at the end of said Code section a new
subsection (d) to read as follows:
(d) When an employee of a county probation system of 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 becomes an employee of the department pursuant to subsec-
tion (c) of this Code section at the same or a greater salary, the change
in employment shall not constitute involuntary separation from
service or termination of employment within the meaning of any local
retirement or pension system of which the employee was a member at
the time of such change in employment, and the change in employ-
ment shall not entitle the employee to begin receiving any retirement
or pension benefit whatsoever under any such local retirement or
pension system.
Section 2. This Act shall become effective upon its approval by
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia, a bill to amend the
Act authorizing the Board of Commissioners of Fulton County to
establish Rules and Regulations governing the payment of pensions
GEORGIA LAWS 1983 SESSION
423
to County employees of said County, approved March 3,1939 (Ga.L.
1939, p. 5719), and for other purposes.
This 21st day of December, 1982.
John Tye Ferguson
Assistant County
Attorney
Fulton County
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
23rd, 30th days of December, 1982, and on the 6th days of January,
1983. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me,
this 11th day of January, 1983.
/s/ Judith L. Bray
Notary Public, Georgia State at Large.
My Commission Expires Nov. 30, 1985.
(Seal).
Approved March 14, 1983.
424
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE CONSTRUCTION INDUSTRY LICENSING
BOARD CREATED POWERS, ETC.
Code Title 43, Chapter 14 Reenacted.
No. 184 (House Bill No. 460).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, so as to delete Chapter 14
thereof, relating to electrical contractors, plumbers, and conditioned
air contractors, and reenact a new Chapter 14, relating to electrical
contractors, plumbers, and conditioned air contractors; to provide for
purpose; to provide for definitions; to provide for the State Construc-
tion Industry Licensing Board and the organization, powers, and
duties thereof; to provide for members appointments, removals,
oaths, forfeitures of membership, and reimbursement; to provide for
divisions within the board and the organization, powers, and duties of
the division; to provide for powers and duties of the joint-secretary; to
provide for licensing and certification requirements for persons and
business entities engaged in certain businesses regulated by the
board; to provide for administration of the chapter; to provide for
injunctive relief; to provide for disciplinary sanctions; to provide for
construction of the chapter regarding fees and taxes and regarding
powers of state departments or agencies; to provide for applicability;
to provide for exceptions; to provide a penalty; to provide for termina-
tion of the board and repeal of the laws relating thereto; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, is amended by striking Chap-
ter 14 thereof, relating to electrical contractors, plumbers, and condi-
GEORGIA LAWS 1983 SESSION
425
tioned air contractors, and inserting in its place a new Chapter 14 to
read as follows:
CHAPTER 14
43-14-1. This chapter is enacted for the purpose of safeguarding
homeowners, other property owners, tenants, and the general public
against faulty, inadequate, inefficient, or unsafe electrical, plumbing,
or conditioned air installations. The practice of electrical contracting;
plumbing contracting, installing, or repairing; and conditioned air
contracting are declared to be businesses or professions affecting the
public interest; and this chapter shall be liberally construed so as to
accomplish the purposes stated in this Code section.
43-14-2. As used in this chapter, the term:
(1) Board means the State Construction Industry Licens-
ing Board.
(2) Certificate of competency means a valid and current
certificate issued by the Division of Electrical Contractors created
in Code Section 43-14-3, which certificate shall give the named
electrical contractor to which it is issued authority to engage in
electrical contracting of the kind described therein. Certificates of
competency shall be of two kinds, Class I and Class II, according to
the classification of license held by the electrical contractor.
(3) Conditioned air contracting means the installation,
repair, or service of conditioned air systems or conditioned air
equipment.
(4) Conditioned air contractor means an individual who is
engaged in conditioned air contracting under express or implied
contract or who bids for, offers to perform, purports to have the
capacity to perform, or does perform conditioned air contracting
services under express or implied contract. The term conditioned
air contractor shall not include a person who is an employee of a
conditioned air contractor and who receives only a salary or hourly
wage for performing conditioned air contracting work.
(5) Conditioned air equipment means heating and air-
conditioning equipment covered under state codes.
426
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Electrical contracting means the installation, mainte-
nance, alteration, or repair of any electrical equipment, apparatus,
control system, or electrical wiring device which is attached to or
incorporated into any building or structure in this state.
(7) Electrical contractor means any person who engages in
the business of electrical contracting under express or implied
contract or who bids for, offers to perform, purports to have the
capacity to perform, or does perform electrical contracting ser-
vices under express or implied contract. The term electrical
contractor shall not include a person who is an employee of an
electrical contractor and who receives only a salary or hourly wage
for performing electrical contracting work.
(8) Executive director means the executive director of the
State Construction Industry Licensing Board.
(9) Journeyman plumber means any person other than a
master plumber who has practical knowledge of the installation of
plumbing and installs plumbing under the direction of a master
plumber.
(10) License means a valid and current certificate of regis-
tration issued by a division of the board, which certificate shall
give the named person to whom it is issued authority to engage in
the activity prescribed thereon.
(11) Master plumber means any individual engaging in the
business of plumbing under express or implied contract or who
bids for, offers to perform, purports to have the capacity to
perform, or does perform plumbing contracting services under
express or implied contract.
(12) Plumbing means the practice of installing, maintain-
ing, altering, or repairing piping fixtures, appliances, and appurte-
nances in connection with sanitary drainage or storm drainage
facilities, venting systems, or public or private water supply
systems within or adjacent to any building, structure, or convey-
ance. The term plumbing also includes the practice of and
materials used in installing, maintaining, extending, or altering
the storm water or sewerage and water supply systems of any
premises to their connection with any point of public disposal or
other acceptable terminal.
GEORGIA LAWS 1983 SESSION
427
43-14-3. (a) The State Construction Industry Licensing Board
existing immediately prior to the effective date of this chapter is
abolished upon that effective date, and the terms of all members
thereof shall expire upon the effective date of this chapter.
(b) There is created within the executive branch of state govern-
ment the State Construction Industry Licensing Board. The board
shall be assigned to the Secretary of States office for administrative
purposes and shall be under the jurisdiction of the joint-secretary.
(c) The board shall be composed of 17 members as follows:
(1) Five members known as the Division of Electrical Con-
tractors, one of whom shall be a consulting engineer engaged in
electrical practice, another of whom shall be the chief electrical
inspector of a county or municipality and shall have served in such
office for five years immediately preceding his appointment, and
the remaining three of whom shall be engaged in the electrical
contracting business;
(2) Five members known as the Division of Master
Plumbers and Journeyman Plumbers, one of whom shall be a full-
time plumbing inspector of a county or municipality, three of
whom shall be master or contracting plumbers, and one of whom
shall be a journeyman plumber;
(3) Five members known as the Division of Conditioned Air
Contractors, two of whom shall be licensed professional engineers,
two of whom shall be conditioned air contractors with more than
five years of installation and service experience in the trade, and
one of whom shall be both an experienced, licensed professional
engineer and a conditioned air contractor; and
(4) Two members who shall not have any connection with
the electrical contracting, plumbing, or conditioned air contract-^
ing businesses whatsoever but who shall have a recognized interest
in consumer affairs and consumer protection concerns.
(d) All members shall be appointed by the Governor, subject to
confirmation by the Senate, for initial terms beginning upon the
effective date of this chapter and ending June 30, 1987. After these
initial terms, successors shall be appointed by the Governor, subject
to confirmation by the Senate, for terms of four years beginning July
1 of the year in which the incumbent members terms expire.
428
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) A member shall serve until his successor has been duly
appointed and qualified.
(f) The Governor shall make appointments to fill the unexpired
portions of any terms vacated for any reason. In making such appoint-
ments, the Governor shall preserve the composition of the board as
required by this chapter. Members shall be eligible for reappoint-
ment.
(g) Any appointive member who, during his term, shall cease to
meet the qualifications for original appointment shall thereby forfeit
his membership on the board.
(h) Each member of the board shall take an oath of office before
the Governor that he will faithfully perform the duties of his office.
(i) The Governor may remove any member for failure to attend
meetings, neglect of duty, incompetence, revocation or suspension of
professional trade license, or other dishonorable conduct.
(j) Members of the board shall be reimbursed as provided for in
subsection (f) of Code Section 43-1-2.
43-14-4. (a) Within 30 days after the appointment of the initial
members of the board, such board shall hold its initial meeting at the
call of the Governor and shall elect from its membership a chairman
who shall serve for an initial term of office ending June 30, 1985.
Successors to the chairman shall serve for a term of office of two
years.
(b) The office of chairman shall be rotated among the three
divisions enumerated in Code Section 43-14-3 unless the board,
through its rules and regulations, provides otherwise. Any vacancy in
the office of chairman shall be filled by the members for the unex-
pired term. The person selected to fill the vacancy shall be a member
of the same division as the previous chairman. Any member elected
chairman may succeed himself to such office.
(c) The board shall meet at the call of the chairman or upon the
recommendation of a majority of its members.
(d) Except for the initial chairmen as provided for in Code
Section 43-14-3 to serve through June 30, 1985, each division within
GEORGIA LAWS 1983 SESSION
429
the board shall also elect from its membership a chairman who shall
serve for a term of two years. Any vacancy in the office of chairman
shall be filled by one of the members for the unexpired term.
(e) Any member elected chairman of a division may succeed
himself to such office.
(f) Each division shall carry out its powers and duties provided
for in this chapter with the assistance of the executive director and his
staff.
(g) The divisions shall meet at the call of the chairman.
(h) Three members of each division shall constitute a quorum
for the transaction of business of such division.
43-14-5. The board shall have the power to:
(1) Request from the various state departments and other
agencies and authorities of the state and its political subdivisions
and their agencies and authorities such available information as it
may require in its work; and all such agencies and authorities shall
furnish such requested available information to the board within a
reasonable time;
(2) Provide by regulation for reciprocity with other states in
the registration and licensing of electrical contractors, master
plumbers, journeyman plumbers, or conditioned air contractors,
provided that such other states have requirements substantially
equal to the requirements in force in this state for registration and
licensure; provided, further, that a similar privilege is offered to
residents of this state;
(3) Adopt an official seal for its use and change it at
pleasure;
(4) Establish the policies for regulating the businesses of
electrical contracting, plumbing, and conditioned air contracting;
and
(5) Promulgate and adopt rules and regulations necessary
to carry out this chapter.
430
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-14-6. (a) The Division of Electrical Contractors, with
respect to applicants for a license to engage in or licensees engaging in
the business of electrical contracting; the Division of Master
Plumbers and Journeyman Plumbers, with respect to applicants for a
license to engage in or licensees engaging in the business of plumbing
as master plumbers or journeyman plumbers; and the Division of
Conditioned Air Contractors, with respect to applicants for a license
to engage in or licensees engaging in the business of conditioned air
contracting, shall:
(1) Examine all applicants for licenses to practice the pro-
fession. Examinations shall be prepared in such a manner as to
test the knowledge, skill, and efficiency of the applicants; and such
examinations shall be based on the applicable state minimum
standard codes;
(2) Subject to this paragraph, prepare examinations within
the state at least twice each year and grade such applicants taking
the examinations. The Division of Electrical Contractors shall
prepare separate examinations for Class I and Class II licenses.
Class I licenses shall be restricted to electrical contracting involv-
ing single-phase electrical installations which do not exceed 200
amperes, and Class II licenses shall be unrestricted. The Division
of Master Plumbers and Journeyman Plumbers shall prepare
separate examinations for master plumber Class I, master
plumber Class II, and journeyman plumbers. Master Plumber
Class I licenses shall be restricted to plumbing involving single-
family dwellings and one-level dwellings designed for not more
than two families and commercial structures not to exceed 10,000
square feet in area. Master Plumber Class II licenses shall be
unrestricted. The Division of Conditioned Air Contractors shall
prepare separate examinations for Class I and Class II licenses.
Class I licenses shall be restricted to the installation, repair, or
service of conditioned air systems or equipment not exceeding
175,000 BTU (net) of heating and five tons (60,000 BTU) of
cooling. Class II licenses shall be unrestricted;
(3) Register and license and issue renewal licenses bienni-
ally to all persons meeting the qualifications for a license. The
following licenses shall be issued by the divisions:
(A) Electrical Contractor Class I;
GEORGIA LAWS 1983 SESSION
431
(B) Electrical Contractor Class II;
(C) Master Plumber Class I;
(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Conditioned Air Contractor Class I; and
(G) Conditioned Air Contractor Class II;
(4) Investigate, with the aid of the joint-secretary, alleged
violations of this chapter or other laws and rules and regulations of
the board relating to the profession;
(5) After notice and hearing, have the power to reprimand
any person or licensee, or to suspend, revoke, or cancel the license
or certificate of competency of or refuse to grant, renew, or restore
a license or certificate of competency to any person or licensee
upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceit-
ful act or the use of any forged, false, or fraudulent document
in connection with the license requirements of this chapter or
the rules and regulations of the board;
(B) Failure at any time to comply with the require-
ments for a license under this chapter;
(C) Habitual intemperance in the use of alcoholic
spirits, narcotics, or stimulants to such an extent as to render
the licensee unsafe or unfit to practice his profession licensed
under this chapter;
(D) Engaging in any dishonorable or unethical conduct
likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way
assists an unlicensed person to practice his profession;
(F) Violating, directly or indirectly, or assisting in or
abetting any violation of any provision of this chapter or any
rule or regulation of the board; or
432
GENERAL ACTS AND RESOLUTIONS, VOL. I
(G) The performance of any faulty, inadequate, ineffi-
cient, or unsafe electrical, plumbing, or conditioned air work
likely to endanger life, health, or property. The performance
of any work that does not comply with the standards set by
state codes or by local codes in jurisdictions where such codes
are adopted, provided that such local codes are as stringent as
the state codes, shall be prima-facie evidence of the faulty,
inadequate, inefficient, or unsafe character of such electrical,
plumbing, or conditioned air work; provided, however, that
the board, in its sole discretion, for good cause shown and
under such conditions as it may prescribe, may restore a
license to any person whose license has been suspended or
revoked;
(6) Review amendments to or revisions in the state mini-
mum standard codes as prepared pursuant to Part 1 of Article 1 of
Chapter 2 of Title 8; and the Department of Community Affairs
shall be required to provide to the joint-secretary a copy of any
amendment to or revision in the state minimum standard codes at
least 45 days prior to the adoption thereof; and
(7) Do all other things necessary and proper to exercise their
powers and perform their duties in accordance with this chapter.
(b) The Division of Electrical Contractors may also provide, by
rules and regulations, for the issuance of certificates of competency
pertaining to financial responsibility and financial disclosure; pro-
vided, however, that such rules and regulations are adopted by the
board. The division shall issue certificates of competency and renewal
certificates to persons meeting the qualifications therefor.
(c) The divisions mentioned in subsection (a) of this Code
section shall also hear appeals resulting from the suspension of
licenses by an approved municipal or county licensing or inspection
authority pursuant to Code Section 43-14-12.
43-14-7. (a) All orders and processes of the board and the
divisions of the board shall be signed and attested by the joint-
secretary; and any notice or legal process necessary to be served upon
the board or the divisions may be served upon the joint-secretary.
(b) The joint-secretary or his designee is vested with the power
and authority to make such investigations in connection with the
GEORGIA LAWS 1983 SESSION
433
enforcement of this chapter and the rules and regulations of the board
as he, the board, the divisions of the board, or any district attorney
may deem necessary or advisable.
43-14-8. (a) No person shall engage in the electrical contract-
ing business as an electrical contractor unless such person has a valid
license from the Division of Electrical Contractors and a certificate of
competency, if such certificates are issued by the division pursuant to
subsection (b) of Code Section 43-14-6.
(b) (1) No person shall engage in the business of plumbing as a
master plumber unless such person has a valid license from the
Division of Master Plumbers and Journeyman Plumbers.
(2) No person shall engage in the business of plumbing as a
journeyman plumber unless such person has a valid license from
the Division of Master Plumbers and Journeyman Plumbers.
(c) No person shall engage in the business of conditioned air
contracting as a conditioned air contractor unless such person has a
valid license from the Division of Conditioned Air Contractors.
(d) Notwithstanding any other provision of this chapter, prior to
and including September 30,1983, the following persons, desiring to
qualify under the provisions stated in this subsection, shall be issued
a state-wide license without restriction by the appropriate division of
the State Construction Industry Licensing Board, provided that such
individual submits proper application and pays or has paid the
required fees and is not otherwise in violation of this chapter:
(1) Any individual holding a license issued by the State
Construction Industry Licensing Board, prior to the effective date
of this chapter;
(2) Any individual holding a license issued by the State
Board of Electrical Contractors, the State Board of Examiners of
Plumbing Contractors, or the State Board of Warm Air Heating
Contractors;
(3) Any individual holding a license to engage in such
vocation issued to him by any governing authority of any political
subdivision; and
434
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Any individual who has successfully and efficiently
engaged in such vocation in a local jurisdiction, which did not issue
local licenses, for a period of at least two consecutive years
immediately prior to the time of application. To prove that he has
successfully engaged in said vocation, the individual shall only be
required to give evidence of three successful jobs completed over
such period. Such applicant shall swear before a notary public
that such evidence is true and accurate prior to its submission to
the division.
(e) The decision of the division as to the necessity of taking the
examination or as to the qualifications of applicants taking the
required examination shall, in the absence of fraud, be conclusive. All
individuals, partnerships, or corporations desiring to engage in such
vocation after September 30, 1983, shall take the examination and
qualify under this chapter before engaging in such vocation or busi-
ness, including such vocation at the local level.
(f) No partnership or corporation shall have the right to engage
in the business of electrical contracting unless there is regularly
connected with such partnership or corporation a person or persons
actually engaged in the performance of such business on a full-time
basis who have valid licenses issued to them as provided for in this
chapter.
(g) No partnership or corporation shall have the right to engage
in the business of plumbing unless there is regularly connected with
such partnership or corporation a person or persons actually engaged
in the performance of such business on a full-time basis who have
valid licenses for master plumbers issued to them as provided in this
chapter.
(h) No partnership or corporation shall have the right to engage
in the business of conditioned air contracting unless there is regularly
connected with such partnership or corporation a person or persons
actually engaged in the performance of such business on a full-time
basis who have valid licenses issued to them as provided for in this
chapter.
(i) It shall be the duty of all partnerships and corporations
qualified under this chapter to notify the appropriate division imme-
diately of the severance of connection with such partnership or
corporation of any person or persons upon whom such qualification
rested.
GEORGIA LAWS 1983 SESSION
435
(j) All applicants for examinations and licenses provided for by
this chapter and all applicants for renewal of licenses under this
chapter shall be required to fill out a form which shall be provided by
each division, which form shall show whether or not the applicant is
an individual, partnership, or corporation and, if a partnership or
corporation, the names and addresses of the partners or the names
and addresses of the officers, when and where formed or incorpo-
rated, and such other information as the board or each division may
require. All forms of applications for renewal of licenses shall also
show whether or not the applicant, if it is a partnership or corpora-
tion, still has connected with it a duly qualified person holding a
license issued by the division.
(k) The board shall notify each local governing authority of the
provisions of this chapter relating to licensure, especially the provi-
sions of subsection (d) of this Code section. The board shall notify
such governing authorities that after September 30,1983, any person
desiring a license to engage in a profession covered by this chapter
shall be required to pass an examination as provided in this chapter.
43-14-9. Every person holding a license issued by a division of
the board shall display it in a conspicuous manner at his place of
business.
43-14-10. This chapter shall be administered in accordance with
Chapter 13 of Title 50, the Georgia Administrative Procedure Act.
43-14-11. Whenever it shall appear to a division of the board or
to the executive director, or to a county or municipal inspection
authority that any person is or has been violating this chapter or any
of the lawful rules, regulations, or orders of the board, the division of
the board, the local inspection authority, or the appropriate prose-
cuting attorney may file a petition for an injunction in the proper
superior court of this state against such person for the purpose of
enjoining any such violation. It shall not be necessary to allege or
prove that there is no adequate remedy at law. The right of injunction
provided for in this Code section shall be in addition to any other legal
remedy which the board has and shall be in addition to any right of
criminal prosecution provided for by law.
43-14-12. Any municipal or county inspection authority which
meets the standards established by the board shall be authorized,
after notice and hearing, to suspend the license or certificate of
436
GENERAL ACTS AND RESOLUTIONS, VOL. I
competency of, or refuse to restore a license or certificate of compe-
tency to, any person or licensee upon the grounds set out in paragraph
(5) of subsection (a) of Code Section 43-14-6; provided, however, that
such suspension of a license by a local inspection authority shall be
applicable only within the jurisdiction of such local authority. Any
person aggrieved by an action of a local authority shall be entitled to
an appeal to the appropriate division of the board and shall be
entitled to a hearing.
43-14-13. No provision of this chapter shall be construed as
prohibiting or preventing a municipality or county from fixing,
charging, assessing, or collecting any license fee, registration fee, tax,
or gross receipt tax on any related business or on anyone engaged in
any related business governed by this chapter.
43-14-14. Nothing in this chapter shall repeal or be construed as
abrogating or otherwise affecting the power of any state department
or agency to promulgate regulations, make inspections, or approve
plans in accordance with any other applicable law.
43-14-15. (a) This chapter shall apply to all installations, alter-
ations, and repairs of plumbing, air-conditioning and heating, or
electrical systems within or on public or private buildings, structures,
or premises except as otherwise provided in this Code section.
(b) This chapter shall not apply to the installation, alteration, or
repair of plumbing, air-conditioning and heating, or electrical services
up to and including the meters where such work is performed by or is
an integral part of the system owned or operated by a public service
corporation or the electrical, water, or gas department of any munici-
pality in this state, in rendering its duly authorized service as such.
(c) This chapter shall not apply to the installation, alteration, or
repair of plumbing, air-conditioning and heating, or electrical systems
where such work is an integral part of the system owned or operated,
in rendering its duly authorized service as such, by a railroad com-
pany, pipeline company, mining company, or public utility or munici-
pal utility in the exercise of its normal functions as a public utility or
where such work is an integral part of any irrigation system on farms,
ranches, or other open, unpopulated areas where such work will not
be located within 30 feet of any dwelling or any building devoted to
animal husbandry.
GEORGIA LAWS 1983 SESSION
437
(d) This chapter shall not prohibit an individual from installing,
altering, or repairing plumbing fixtures, air-conditioning and heating,
air-conditioning and heating fixtures, or electrical services in a single-
family dwelling owned or occupied by him; provided, however, that all
such work must be done in conformity with all other provisions of this
chapter and the orders, rules, and regulations of the board.
(e) This chapter shall not prohibit an individual from installing,
altering, or repairing plumbing, plumbing fixtures, air-conditioning
and heating fixtures, or electrical services in a farm or ranch building
owned or occupied by him; provided, however, that all such work
must be done in conformity with all other provisions of this chapter
and the orders, rules, and regulations of the board.
(f) This chapter shall not prohibit an individual employed on
the maintenance staff of a facility owned by the state or by a county,
municipality, or other political subdivision from installing, altering,
or repairing plumbing, plumbing fixtures, air-conditioning and heat-
ing fixtures, or electrical services when such work is an integral part of
the maintenance requirements of the facility; provided, however, that
all such work must be done in conformity with all other provisions of
this chapter and the orders, rules, and regulations of the board.
(g) This chapter shall not prohibit any person from installing,
altering, or repairing plumbing, plumbing fixtures, air-conditioning
and heating fixtures, or electrical services in a farm or ranch service
building. Nothing in this subsection shall be construed to limit the
application of any resolution, ordinance, code, or inspection require-
ments of a county or municipality relating to such connections.
43-14-16. (a) This chapter shall not apply to:
(1) The installation, construction, or maintenance of power
systems for the generation and distribution of electric current
constructed under the National Electrical Safety Code, which
regulates the safety requirements of utilities; but the interior
wiring regulated by the National Electrical Safety Code would not
be exempt and must be done by an electrical contractor;
(2) The installation, construction, maintenance, or repair of
telephone or signal systems by or for public utilities or their
corporate affiliates when such work pertains to the services fur-
nished by such public utilities; or
438
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Any technician employed by a municipal or county-
franchised community antenna television (CATV) system or a
municipally owned community antenna television system in the
performance of work on the system.
(b) This chapter shall not apply to public utility corporations
operating under the supervision of the Georgia Public Service Com-
mission.
(c) This chapter shall not apply to any individual owner or lessee
performing plumbing or related services upon residential property
owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees
of an institution, manufacturer, or business which performs
plumbing, electrical, or conditioned air work unless the employer is
engaged in the practice of plumbing, electrical, or conditioned air
contracting. Such employees are only exempt when working on the
premises of that employer.
(e) Any person who holds a license issued to him under this
chapter may engage in the business of plumbing, electrical contract-
ing, or conditioned air contracting, but only as prescribed by the
license, throughout this state; and, except as provided in Code
Section 43-14-3, no municipality or county may require such person
to comply with any additional licensing requirements imposed by
such municipality or county.
(f) This chapter shall not prohibit any person from installing,
altering, or repairing plumbing, plumbing fixtures, air-conditioning
and heating fixtures, or electrical services in a farm or ranch service
building. Nothing in this subsection shall be construed to limit the
application of any resolution, ordinance, code, or inspection require-
ments of a county or municipality relating to such connections.
(g) This chapter shall not apply to manufactured housing service
personnel who:
(1) Couple the electrical connection from the service
entrance panel outside the manufactured housing to the distribu-
tion panel board inside the manufactured housing;
GEORGIA LAWS 1983 SESSION
439
(2) Connect the exterior sewer outlets to the above-ground
sewer system; or
(3) Connect the exterior water line to the above-ground
water system.
Nothing in this subsection shall be construed to limit the applica-
tion of any resolution, ordinance, code, or inspection requirements of
a county or municipality relating to such connections.
(h) This chapter shall in no way prohibit the governing authority
of any county or municipality in the state from adopting and enforc-
ing codes at the local level.
43-14-17. Any person violating this chapter shall be guilty of a
misdemeanor.
43-14-18. 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 Construction Industry
Licensing Board shall be terminated on July 1,1989, 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 2. This Act shall become effective upon its approval by
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 March 14,1983.
440
GENERAL ACTS AND RESOLUTIONS, VOL. I
EASEMENT TO MACON-BIBB COUNTY WATER AND
SEWERAGE AUTHORITY.
No. 2 (Senate Resolution No. 6).
A RESOLUTION
Granting a temporary easement for construction purposes only
and a perpetual easement for maintenance and operation of a sani-
tary sewer line across, over, and under property in Bibb County
owned by the State of Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located in Land Lot 30, Fourth Land District of Bibb
County which is presently being utilized as a county correctional
institution; and
WHEREAS, the Macon-Bibb County Water and Sewerage
Authority desires to extend a sanitary sewer line across, over, and
under the property; and
WHEREAS, this extension of utility services across, over, and
under the property will be economically beneficial to both the State of
Georgia and the Macon-Bibb County Water and Sewerage Authority.
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 the sum of $10.00, the State Properties Commission acting
for and on behalf of the State of Georgia is authorized to grant to the
Macon-Bibb County Water and Sewerage Authority, its successors
and assigns, a temporary easement and right of way for initial
construction only and a perpetual easement for the maintenance and
operation of a sanitary sewer line across, over, and under a strip of
land hereinafter described for the purpose of constructing, laying,
maintaining, operating, repairing, replacing, and making additions,
extensions, improvements and betterments to a sanitary sewer line
with all necessary manholes and adjuncts thereto; together with the
right of ingress and egress over said easements and rights of way, and
ingress and egress over adjacent lands of the State of Georgia to said
rights of way for the aforesaid purposes; and with the unrestricted
GEORGIA LAWS 1983 SESSION
441
right in said authority, its successors and assigns, to remove and keep
clear of said permanent right of way, and the temporary right of way
for initial construction purposes only, all trees and bushes of any kind
or nature, all buildings, structures, and other obstructions, from time
to time, that may in the judgment of said authority, its successors and
assigns, in any manner interfere with the fulfillment or enjoyment of
the aforesaid rights, easements, and privileges; and with the further
right to remove any building, structure, or other obstruction that
might hereinafter be placed on said permanent easement, or tempo-
rary easement during the aforesaid construction period, that may in
the judgment of said authority, its successors and assigns, in any
manner interfere with the fulfillment and enjoyment of the aforesaid
rights, powers, and privileges. The property subject to said easement
is more particularly described as follows:
TRACT OR PARCEL NO. 1. The area affected by the permanent
easement is described as follows: Being a strip of land 12 and 1/2 feet
on either side of the center line thereof, said center line being located
and described as follows: BEGINNING at a point on the dividing line
between property of the State of Georgia and that of T. Z. Standard,
et al, in Land Lot 30 of said District which point is 712.2 feet
measured North 89 30' 30" West along said dividing line from a
point on the line dividing Land Lots 30 and 47, said District, which
said last mentioned point is 1761.7 feet North 0 28' 05 East from
the corner common to Land Lots 29, 30, 47, and 48 of said District.
From said beginning point thence South 34 30' 00'' East a distance
of 190.65 feet; thence South 17 43' 00" West a distance of 352.25
feet; thence South 0 31' 05" East a distance of 227.4 feet; thence
South 50 46' 05" East a distance of 242.8 feet to a point. The
temporary easement as to this tract embraces an area 40 feet on either
side of said described center line.
TRACT OR PARCEL NO. 2. The permanent easement encom-
passes an area 12 and 1/2 feet on either side of the center line thereof,
which is described as follows: BEGINNING at the next to last point
mentioned above which was described as being a point measured
South 0 31' 05'' East a distance of 227.4 feet from the previous point,
and from said beginning point thence South 30 20' 00" West a dis-
tance of 574.6 feet to Hunnicutt Road. The area affected by the tem-
porary easement as to this Tract embraces a strip of land 25 feet on
either side of said described center line. A plat delineating said ease-
ment strips is on record in the Clerks Office, Superior Court of Bibb
County, Georgia in Plat Book 65, Folio 47, which by reference is made
a part hereof for description purposes.
442
GENERAL ACTS AND RESOLUTIONS, VOL. I
After the authority has constructed and put into use the sanitary
sewer line for which these easements are granted, a subsequent
abandonment of the use thereof shall cause a reversion to the State of
Georgia, its successors and assigns, of all of the rights, title, privileges,
powers, and easements granted as to the portion or portions so
abandoned. Upon abandonment, the grantee, its successors and
assigns, shall have the option of removing its facilities from the
easement area or leaving the same in place, in which event the
facilities shall become the property of the State of Georgia, its
successors or assigns. After such facilities have been placed in use, a
complete cessation of the use thereof for a continuous period of 180
consecutive days, for the purpose for which the easements are
granted, shall constitute abandonment to such portion as to which
there is such a cessation of use. Prior to the initial construction and
operation of the facilities, a mere nonuse of the easements for any
period of time shall not be construed as evidence of abandonment.
No title is conveyed to said authority and except as herein
specifically granted to said authority all rights, title, and interest in
and to said land is reserved in the State of Georgia and said state may
make any use of said land not inconsistent with or detrimental to the
rights, privileges, and interest conveyed.
Approved March 15,1983.
HONORABLE RICHARD A. DENT PORTRAIT.
No. 3 (Senate Resolution No. 49).
A RESOLUTION
Authorizing the placing of a portrait of Honorable Richard A.
Dent in the State Capitol Building; and for other purposes.
WHEREAS, Honorable Richard A. Dent served the people of
Augusta, Richmond County, and the State of Georgia as a member of
GEORGIA LAWS 1983 SESSION
443
the House of Representatives beginning in 1967, and his responsive-
ness to his constituency was reflected in his 16 years of continuous
service as a member of the House of Representatives; and
WHEREAS, Representative Dent contributed greatly to the sub-
stance and tone of legislative deliberations throughout his service as a
member of the Committee on Highways and the Committee on Ways
and Means, and he provided unselfish leadership as the chairman of
the Committee on Human Relations and Aging and as chairman of
the Richmond County delegation; and
WHEREAS, Representative Dent had a lasting influence on those
who were privileged to serve in the General Assembly with him, and
his quiet style and strong dedication to the public welfare, to the
causes in which he believed, and to his religious principles provided
guidance to others and rightfully brought him the admiration and
respect of his colleagues; and
WHEREAS, Richard A. Dent also served our nation admirably as
a delegate to the 1968 National Democratic Convention and as one of
President Carters appointees to the Human Rights Commission and
contributed wisdom and sensitivity to these challenges; and
WHEREAS, Honorable Richard A. Dent truly made the State of
Georgia a better place in which to live, and it is only fitting that such
an outstanding statesman and gracious gentleman be recognized
posthumously for his many years of dedicated public service to the
State of Georgia and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that this body expresses deepest regrets
at the passing of Honorable Richard A. Dent and recognizes his
outstanding and dedicated public service by directing that a portrait
of Honorable Richard A. Dent be placed at an appropriate location on
the third or the fourth floor of the State Capitol Building with the
location of such portrait to be selected by the Governor, President of
the Senate and the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the Secretary of the Senate
is instructed to transmit an appropriate copy of this resolution to the
family of Honorable Richard A. Dent.
Approved March 15,1983.
444
GENERAL ACTS AND RESOLUTIONS, VOL. I
ATHLETIC TRAINERS LICENSING.
Code Title 43, Chapter 5 Amended.
No. 185 (House Bill No. 66).
AN ACT
To amend Chapter 5 of Title 43 of the Official Code of Georgia
Annotated, relating to the Georgia Board of Athletic Trainers, so as to
provide for licensure for certain persons who do not otherwise meet
licensure requirements; to provide for the continuation of the board
and the laws relating thereto but to provide for the later termination
of that board and those laws; 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 43 of the Official Code of Georgia
Annotated, relating to the Georgia Board of Athletic Trainers, is
amended by adding at the end of Code Section 43-5-9, relating to
application for licensure, a new subsection (c) to read as follows:
(c) Any person actively engaged as an athletic trainer on March
30, 1977, shall be issued an athletic trainers license if that person
makes application therefor no later than July 1,1983, submits proof
of five years of experience as an athletic trainer within the preceding
ten-year period, and pays the license fee required by this chapter.
Section 2. Said chapter is further amended by striking Code
Section 43-5-15, relating to termination of the board, and inserting in
its place a new Code Section 43-5-15 to 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-
GEORGIA LAWS 1983 SESSION
445
nation of Regulatory Agencies, the Georgia Board of Athletic Train-
ers shall be terminated on June 30, 1989, 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. 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 15,1983.
RAILROAD COMPANIES SHAREHOLDERS
ANNUAL MEETINGS.
Code Title 46, Chapter 8 Amended.
No. 186 (House Bill No. 70).
AN ACT
To amend Chapter 8 of Title 46 of the Official Code of Georgia
Annotated, relating to railroad companies, so as to authorize annual
meetings of shareholders to be held anywhere within or without the
state; to authorize the transaction of business by shareholders to be
accomplished at meetings or by unanimous written consent; to pro-
vide 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. Chapter 8 of Title 46 of the Official Code of Georgia
Annotated, relating to railroad companies, is amended by striking
subsection (d) of Code Section 46-8-46, relating to meetings of
shareholders generally, which reads as follows:
446
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The regular election for directors shall be held annually at
the principal office of the company.,
and substituting in lieu thereof a new subsection (d) to read as
follows:
(d) The regular election for directors shall be held annually,
and, unless the bylaws otherwise provide, the meeting at which such
elections are held may be held within or without the state.
Section 2. Said chapter is further amended by striking Code
Section 46-8-49, relating to actions by boards or of committees
thereof, in its entirety and inserting in lieu thereof a new Code
Section 46-8-49 to read as follows:
46-8-49. (a) Unless otherwise provided by the charter or
bylaws, any action required by this title to be taken by a railroad
company at a meeting of the directors of the corporation, or any
action which may be taken at a meeting of the directors or of a
committee thereof, may be taken without a meeting if written consent
setting forth the action so taken is signed by all the directors, or all
the members of the committee, as the case may be, and filed with the
minutes of the proceedings of the board or of the committee. Such
consent shall have the same force and effect as a unanimous vote and
may be stated as such in any articles or any document filed with any
official of the state under this title.
(b) Unless otherwise provided by the charter or bylaws, any
action required by the shareholders of a railroad company or any
committee thereof may be taken at a meeting of the shareholders.
Any action which may be taken at a meeting of the shareholders or by
a committee thereof may be taken without a meeting if written
consent setting forth the action so taken is signed by all the share-
holders or all the members of the committee, as the case may be, and
filed with the minutes of the proceedings of the shareholders or
committee. Such consent shall have the same force and effect as a
unanimous vote and may be stated as such in any articles or docu-
ments filed with any official of this state under this title.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
447
PERMITS FOR EMERGENCY VEHICLES.
Code Section 40-8-92 Amended.
No. 187 (House Bill No. 81).
AN ACT
To amend Code Section 40-8-92 of the Official Code of Georgia
Annotated, relating to designation of emergency vehicles and the use
of flashing or revolving lights, so as to provide that permits for
emergency vehicles belonging to governmental agencies shall be valid
for five years; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-8-92 of the Official Code of Georgia
Annotated, relating to designation of emergency vehicles and the use
of flashing or revolving lights, is amended by striking subsection (a) in
its entirety and inserting in lieu thereof a new subsection (a) to read
as follows:
(a) All emergency vehicles shall be designated as such by the
Board of Public Safety. The board shall so designate each vehicle by
issuing to such vehicle a permit to operate flashing or revolving
emergency lights of the appropriate color. Such permit shall be valid
for one year from the date of issuance; provided, however, that
permits for vehicles belonging to federal, state, county, or municipal
governmental agencies shall be valid for five years from the date of
issuance.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
448
GENERAL ACTS AND RESOLUTIONS, VOL. I
FIREARMS DISCHARGE ON SUNDAY.
Code Section 16-11-105 Amended.
No. 188 (House Bill No. 96).
AN ACT
To amend Code Section 16-11-105, relating to the discharge of
firearms on Sunday, so as to allow the discharge of firearms on
Sunday under certain circumstances; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-11-105, relating to the discharge of
firearms on Sunday, is amended by striking said Code section in its
entirety and inserting in lieu thereof a new Code Section 16-11-105 to
read as follows:
16-11-105. (a) It shall be unlawful for any person willfully or
wantonly to fire or discharge a firearm on Sunday.
(b) This Code section shall not apply to:
(1) Persons who fire or discharge a firearm in defense of
person or property;
(2) Law enforcement officers;
(3) Persons who fire or discharge a firearm at a firing range
approved and supervised by representatives of a local, state, or
national gun club;
(4) Any landowner on his own land nor to any member of
the immediate family, guest, invitee, or lessee of the property
owner; or
(5) Any person hunting on publicly owned land when the
administering agency has opened such land to public hunting.
GEORGIA LAWS 1983 SESSION
449
(c) Any person who violates subsection (a) of this Code section is
guilty of a misdemeanor.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
DEPARTMENT OF LABOR SUPPLEMENTARY
APPROPRIATION.
No. 189 (House Bill No. 119).
AN ACT
To provide for the Department of Labor a supplemental appropri-
ation, pursuant to and in accordance with provisions of Code Sections
34-8-102 and 34-8-81 of the Official Code of Georgia Annotated,
relating to employment security, of additional funds which are other-
wise available to the Department of Labor out of funds credited to
and held in this states account in the Unemployment Trust Fund by
the Secretary of the Treasury of the United States pursuant to
Section 903 of the Social Security Act, as amended, for the purpose of
providing for the payment of expenses of administration of the
Employment Security Law, as amended, including personal services,
operating and other expenses incurred in the administration of said
law, as well as for the procurement, through purchase or rental, either
or both, of offices, lands, buildings or parts of buildings, fixtures,
furnishings, equipment, supplies, and the construction of buildings or
parts of buildings suitable for use in this state by the Employment
Security Agency in said Department of Labor, and for the payment of
expenses incurred for the construction, maintenance, improvements,
or repair of or alterations to such real or personal property; to
450
GENERAL ACTS AND RESOLUTIONS, VOL. I
authorize the Commissioner of Labor to direct the obligation and
expenditure of said funds and to employ workers, contract with
persons, public and private agencies, corporations, and other entities,
and to do all other things necessary to accomplish the purposes of this
Act; to provide for severability; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is appropriated to the Department of Labor out
of funds credited to and held in this states account in the Unemploy-
ment Trust Fund by the Secretary of the Treasury of the United
States pursuant to and in accordance with Section 903 of the Social
Security Act, as amended, an additional amount of $685,715.65.
Of said additional amount, the sum of $685,715.65 is authorized to
be allocated for expenses incurred in the administration of the
Employment Security Law, as amended, including personal services
and operating and other expenses incurred in the administration of
said law, as well as for the purchase or rental, either or both, of
improvements, repairs, or alterations to and of offices, lands, build-
ings or parts of buildings, fixtures, furnishings, equipment, supplies,
and the construction of buildings or parts of buildings suitable for use
in this state by the Employment Security Agency in said Department
of Labor, and for the payment of expenses incurred for the acquisi-
tion, purchase, rental, construction, maintenance, improvements,
repairs, or alterations of and to such real or personal property.
Notwithstanding any other provisions of this section, the amount
appropriated in this Act shall not exceed the amount in the Unem-
ployment Trust Fund which may be obligated for expenditure for
such purposes as provided in Code Section 34-8-102 of the Official
Code of Georgia Annotated, relating to employment security, and the
amount which may be obligated shall not exceed the limitations
provided in Code Section 34-8-102 of the Official Code of Georgia
Annotated, relating to employment security, provided that said addi-
tional funds shall not be obligated for expenditure, as provided in this
Act, after the close of the two-year period which begins on the date of
enactment of this Act.
Section 2. The Commissioner of Labor is authorized, pursuant
to and in accordance with Section 903 of the Social Security Act, as
amended, to requisition, and to direct the obligation and expenditure
GEORGIA LAWS 1983 SESSION
451
for use in such locations in this state as he finds to be economical and
desirable, such money as authorized in this Act and in Code Sections
34-8-81 and 34-8-102 of the Official Code of Georgia Annotated,
relating to employment security and, in the manner and for the
purposes authorized in this Act, including personal services, operat-
ing and other expenses incurred in the administration of said law, as
well as for the procurement, through purchase or rental, either or
both, of offices, lands, buildings or parts or buildings, fixtures,
furnishings, equipment, supplies, and the construction of buildings or
parts of buildings suitable for use by the Employment Security
Agency in said Department of Labor, for the payment of expenses
incurred for the construction, maintenance, improvements, or repair
of or alterations to such real or personal property, to employ workers,
contract with persons, public and private agencies, corporations, and
other entities, to allocate any unexpended amounts appropriated by
this Act, and to do all other things necessary to accomplish the
purposes of this Act. The acquisition of any real or personal property
and the expenditure of any funds appropriated by this Act shall be in
accordance with this states applicable laws existing on the effective
date of this Act.
Section 3. If any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the Act which can be given effect
without the invalid provision or application.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
452
GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMINAL PROCEDURE BAILABLE OFFENSES.
Code Title 17, Chapters 6 and 7 Amended.
No. 190 (House Bill No. 135).
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, so as to provide that certain offenses
will not be bailable; to delete provisions for the mandatory setting of
bail if the accused is not tried at the term at which the indictment is
found upon demand for trial being made; 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 in its entirety
subsection (c) of Code Section 17-6-1, relating to persons before
whom offenses bailable, and inserting in lieu thereof a new subsection
(c) to read as follows:
(c) Except for persons charged with crimes provided for under
subparagraph (H) of paragraph (2) of subsection (b) of this Code
section, any person who is not entitled to bail as provided in subsec-
tion (b) of this Code section may petition the superior court request-
ing 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) of this
Code section 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
GEORGIA LAWS 1983 SESSION
453
(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) of this Code section or the prosecuting attorney is
aggrieved by a decision of the court, such order may be
appealed.
Section 2. Said title is further amended by striking in its entirety
Code Section 17-6-13, relating to bail as a matter of right, and
inserting in lieu thereof a new Code Section 17-6-13 to read as follows:
17-6-13. Except as otherwise provided in this chapter, each
person who is entitled to bail under this article shall be permitted one
bail for the same offense as a matter of right. Subsequent bails shall
be in the discretion of the court.
Section 3. Said title is further amended by striking in its entirety
subsection (b) of Code Section 17-7-171, relating to procedures
regarding a demand for trial by a person accused of a capital offense,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) If more than two regular terms of court are convened and
adjourned after the term at which the demand is filed and the
defendant is not given a trial, then he shall be absolutely discharged
and acquitted of the offense charged in the indictment, provided that
at both terms there were juries impaneled and qualified to try the
defendant and provided further that the defendant was present in
court announcing ready for trial and requesting a trial on the indic-
tment.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
454
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUMMONS OF GARNISHMENT ANSWER.
Code Section 18-4-62 Amended.
No. 191 (House Bill No. 149).
AN ACT
To amend Code Section 18-4-62 of the Official Code of Georgia
Annotated, relating to summons of garnishment and answers gener-
ally, so as to provide that in certain cases the garnishee may immedi-
ately answer a summons; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 18-4-62 of the Official Code of Georgia
Annotated, relating to summons of garnishment and answers gener-
ally, is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 18-4-62 to read as follows:
18-4-62. (a) The summons of garnishment shall be directed to
the garnishee, commanding him to file an answer stating what money
or other property is subject to garnishment. Except as provided in
subsection (b) or (c) of this Code section, the answer must be filed
with the court issuing the summons not sooner than 30 days and not
later than 45 days after the service of the summons and must be
accompanied by the money or other property subject to garnishment.
Upon the affidavit and summons being delivered to the sheriff,
marshal, constable, or like officer of the court issuing the summons, it
shall be his duty to serve the summons of garnishment upon the
person to whom it is directed and to make his entry of service upon
the affidavit and return the affidavit to the court. The summons of
garnishment shall state that, if the garnishee fails to answer the
summons, a judgment by default will be entered against the garnishee
for the amount claimed by plaintiff against the defendant.
(b) Under circumstances where the defendant has been an
employee of the garnishee, and if the defendant is no longer employed
by the garnishee, and if the garnishee has no money or property of the
defendant subject to garnishment, the garnishee may immediately
file an answer; however, such answer shall be filed not later than 45
days after the service of the summons.
GEORGIA LAWS 1983 SESSION
455
(c) If the garnishee is a bank or other financial institution and if
the defendant does not have an active account with, and is not the
owner of any money or property in the possession of, the bank or
financial institution then the garnishee may immediately file an
answer; however, such answer shall be filed not later than 45 days
after the service of the summons.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
LOCAL GOVERNMENT INVESTMENT POOL
DEFINITION OF AGENCIES AUTHORIZED
TO UTILIZE SAME.
Code Section 36-83-3 Amended.
No. 192 (House Bill No. 242).
AN ACT
To amend Code Section 36-83-3 of the Official Code of Georgia
Annotated, relating to definitions regarding the local government
investment pool, so as to change a definition in order to authorize
certain departments, agencies, and boards of political subdivisions to
utilize the investment pool; to 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 36-83-3 of the Official Code of Georgia
Annotated, relating to definitions regarding the local government
investment pool, is amended by striking paragraph (2) thereof and
inserting in its place a new paragraph (2) to read as follows:
456
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Local government means any municipality, county, school
district, special district, or other political subdivision of this state, as
well as any department, agency, or board of that political subdivision,
including but not limited to a public library, which has been autho-
rized to make separate deposits to its own account under this chapter
by the governing authority of the political subdivision of which it is a
department, agency, or board.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
MANUFACTURED HOMES INSPECTION AND
MANUFACTURING FEES.
Code Section 8-2-135 Amended.
No. 193 (House Bill No. 287).
AN ACT
To amend Code Section 8-2-135 of the Official Code of Georgia
Annotated, relating to licenses for manufactured homes, so as to
provide for a change in manufacturing fees; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 8-2-135 of the Official Code of Georgia
Annotated, relating to licenses for manufactured homes, is amended
by striking subsection (f) of said Code section and inserting in lieu
thereof a new subsection (f) to read as follows:
GEORGIA LAWS 1983 SESSION
457
(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 for each
manufactured home manufactured in Georgia, irrespective of
whether the manufactured home is offered for sale in this state. This
manufacturing fee shall be applied as follows: $12.00 for each single-
wide unit; $15.00 for each double-wide unit, with two transportable
sections; and $25.00 for each triple-wide unit, with three trans-
portable sections. For any reinspection, $8.00 additional fee shall be
charged.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
CRIME OF SHOPLIFTING DEFINED.
Code Section 16-8-14 Amended.
No. 194 (House Bill No. 299).
AN ACT
To amend Article 1 of Chapter 8 of Title 16 of the Official Code of
Georgia Annotated, relating to crimes of theft, so as to change the
definition of the crime of shoplifting; 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 8 of Title 16 of the Official Code
of Georgia Annotated, relating to crimes of theft, is amended by
458
GENERAL ACTS AND RESOLUTIONS, VOL. I
striking in its entirety subsection (a) of Code Section 16-8-14, relating
to theft by shoplifting, and inserting in lieu thereof a new subsection
(a) to read as follows:
(a) A person commits the offense of theft by shoplifting when
he alone or in concert with another person, with the intent of
appropriating merchandise to his own use without paying for the
same or to deprive the owner of possession thereof or of the value
thereof, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchan-
dise of any store or retail establishment;
(2) Alters the price tag or other price marking on goods or
merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail
establishment from one container to another;
(4) Interchanges the label or price tag from one item of
merchandise with a label or price tag for another item of merchan-
dise; or
(5) Wrongfully causes the amount paid to be less than the
merchants stated price for the merchandise.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
GEORGIA LAWS 1983 SESSION
459
STATE MERIT SYSTEM DEFINITION OF
COVERED EMPLOYEES.
Code Section 45-20-2 Amended.
No. 195 (House Bill No. 320).
AN ACT
To amend Code Section 45-20-2 of the Official Code of Georgia
Annotated, relating to definitions pertaining to the State Merit
System of Personnel Administration, so as to provide that the direc-
tor of the State Forestry Commission shall not be included in the
classified service; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-20-2 of the Official Code of Georgia
Annotated, relating to definitions pertaining to the State Merit
System of Personnel Administration, is amended by striking para-
graph (2) and inserting in its place a new paragraph to read as follows:
(2) Classified service includes all employees of state depart-
ments as defined in this Code section; all employees of local depart-
ments of health and county departments of family and children
services; local employees of the Department of Defense as defined by
law; the director of the Personnel Division of the Department of
Administrative Services; the official of the Department of Human
Resources in charge of vocational rehabilitation; the director of the
Environmental Protection Division of the Department of Natural
Resources; but those officers and employees excluded by this article
shall not be included.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
460
GENERAL ACTS AND RESOLUTIONS, VOL. I
HERITAGE TRUST COMMISSION LIFE EXTENDED.
Code Section 12-3-73 Amended.
No. 196 (House Bill No. 353).
AN ACT
To amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official
Code of Georgia Annotated, relating to the Heritage Trust Program,
so as to extend the life of the Heritage Trust Commission until July 1,
1988; 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 3 of Title 12 of the
Official Code of Georgia Annotated, relating to the Heritage Trust
Program, is amended by striking subsection (d) of Code Section 12-3-
73, relating to the Heritage Trust Commission generally, in its
entirety and inserting in lieu thereof a new subsection (d) to read as
follows:
(d) The Heritage Trust Commission shall cease to exist on July
1, 1988, unless the General Assembly extends the life thereof. After
July 1, 1988, or any later date set by the General Assembly for the
expiration of the life of the Heritage Trust Commission, the functions
thereof, as set forth in this part, shall be assumed and carried on by
the board.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
461
DEPARTMENT OF PUBLIC SAFETY ISSUANCE
OF FREE IDENTIFICATION CARDS TO CERTAIN
PERSONS.
Code Section 40-5-103 Amended.
No. 197 (House Bill No. 355).
AN ACT
To amend Code Section 40-5-103 of the Official Code of Georgia
Annotated, relating to fees collected by the Department of Public
Safety for issuing identification cards, so as to provide that the
department shall not be authorized to collect a fee from certain
persons; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-5-103 of the Official Code of Georgia
Annotated, relating to fees collected by the Department of Public
Safety for issuing identification cards, is amended by striking said
Code section in its entirety and substituting in lieu thereof a new
Code Section 40-5-103 to read as follows:
40-5-103. (a) The department shall collect a fee of $3.00 for
the identification card, which fee shall be deposited in the state
treasury in the same manner as other motor vehicle drivers license
fees.
(b) The department shall not be authorized to collect a fee for an
identification card from those persons who are entitled to a free
veterans drivers license under the provisions of Code Section 40-5*-
36.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
462
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR COMMON CARRIERS TEMPORARY
EMERGENCY AUTHORITY TO PROVIDE SERVICE.
Code Section 46-7-13 Amended.
No. 198 (House Bill No. 357).
AN ACT
To amend Chapter 7 of Title 46 of the Official Code of Georgia
Annotated, relating to motor carriers, so as to change the provisions
relating to temporary emergency authority to operate as a motor
common carrier; 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 46 of the Official Code of Georgia
Annotated, relating to motor carriers, is amended by striking in its
entirety Code Section 46-7-13, relating to temporary emergency
authority to operate as a motor common carrier, and inserting in lieu
thereof a new Code Section 46-7-13 to read as follows:
46-7-13. Notwithstanding any other provision of law to the
contrary, in order to authorize the provision of service for which there
is an immediate and urgent need to a point or points, or within a
territory, with respect to which there is no motor common carrier
service capable of meeting such need, upon receipt of an application
for temporary emergency authority and upon payment of the appro-
priate fee as fixed by statute, the commission, under the authority of
this Code section, may, in its discretion and without a hearing or other
prior proceeding, grant to any person temporary motor common
carrier authority for such service. The order granting such authority
shall contain the commissions findings supporting its determination
under the authority of this Code section that there is an unmet
immediate and urgent need for such service and shall contain such
conditions as the commission finds necessary with respect to such
authority. Unless otherwise provided in this Code section, such
emergency temporary motor common carrier authority, unless sus-
pended or revoked for good cause within such period, shall be valid
for such time as the commission shall specify but not for more than an
aggregate of 30 days. Such authority shall in no case be renewed and
GEORGIA LAWS 1983 SESSION
463
shall create no presumption that corresponding permanent authority
will be granted thereafter, except that, where a motor common carrier
granted temporary emergency motor common carrier authority under
the provisions of this Code section makes application during the
period of said temporary emergency authority for permanent motor
common carrier authority corresponding to that authorized in its
temporary emergency authority, the temporary emergency motor
common carrier authority will be extended to the finalization of the
permanent authority application unless sooner suspended or revoked
for good cause within the extended period. No such emergency
temporary motor common carrier authority shall be granted for the
transportation of general commodities (1) where there exists certifi-
cated intrastate general commodity motor common carrier service to
and from the points, or within the territory, involved unless such
carrier or carriers are unable or refuse to provide the needed service or
(2) if, following notice to the intrastate general commodity motor
common carriers in such manner as the commission by rule shall
provide, any existing certificated general commodity motor common
carrier files application for temporary emergency authority to per-
form the service needed and demonstrates that it is ready, willing,
and able to provide such service promptly. In any grant of emergency
temporary motor common carrier authority, notice of the order of the
commission shall be served on the certificated carrier or carriers in
such manner as the commission by rule shall provide.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
464
GENERAL ACTS AND RESOLUTIONS, VOL. I
GROUP LIFE INSURANCE MAXIMUM COVERAGE
FOR DEBTORS.
Code Section 33-27-1 Amended.
No. 199 (House Bill No. 363).
AN ACT
To amend Code Section 33-27-1 of the Official Code of Georgia
Annotated, relating to general requirements for policies of group life
insurance, so as to increase the maximum coverage for debtors; to
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 33-27-1 of the Official Code of Georgia
Annotated, relating to general requirements for policies of group life
insurance, is amended by striking subparagraph (D) of paragraph (2)
in its entirety and substituting in lieu thereof a new subparagraph (D)
to read as follows:
(D) The amount of insurance on the life of any debtor shall at
no time exceed the amount owed by him which is repayable in
installments, the amount of the unpaid indebtedness, or $40,000.00,
whichever is less. Where the indebtedness is repayable in one sum to
the creditor, the insurance on the life of any debtor shall in no
instance be in effect for a period in excess of 18 months, except that
such insurance may be continued for an additional period not exceed-
ing six months in the case of default, extension, or recasting of the
loan; and.
Section 2. Said Code section is further amended by striking
paragraph (3) in its entirety and substituting in lieu thereof a new
paragraph (3) to read as follows:
(3) Notwithstanding the provisions of this Code section, group
life insurance in connection with agricultural loans may be written up
to the amount of the loan or loan commitment on the nondecreasing
or level term plan; however, the amount of insurance on the life of any
GEORGIA LAWS 1983 SESSION
465
such debtor shall not on any anniversary date of the insurance exceed
the amount then owed by him which is repayable in installments, the
amount of the then unpaid indebtedness, or $40,000.00, whichever is
less.
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 15,1983.
LICENSED PRACTICAL NURSES TRAINING
REQUIRED RENEWAL OF LICENSES.
Code Title 43, Chapter 26 Amended.
No. 200 (House Bill No. 437).
AN ACT
To amend Chapter 26 of Title 43 of the Official Code of Georgia
Annotated, relating to the profession of nursing, so as to provide for
reinstatement of nurses; to clarify the provision which allows hospi-
tals to train nurses; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
S ection 1. Chapter 26 of Title 43 of the Official Code of Georgia
Annotated, relating to the profession of nursing, is amended by
striking subsection (d) of Code Section 43-26-32, relating to the
application by facilities to train practical nurses, in its entirety and
inserting in lieu thereof a new subsection (d) to read as follows:
466
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Any educational facility and any hospital with 15 or more
beds may qualify, upon application to and approval by the board, to
train practical nurses. Educational facilities and hospitals which give
training for practical nurses must include in their course a minimum
of 600 hours of instruction in theory and a minimum of 800 hours of
clinical experience. No hospital shall train at any given time more
than one nurse for every eight hospital beds.
Section 2. Said chapter is further amended by striking Code
Section 43-26-35, relating to applications for renewal of licenses, in its
entirety and inserting in lieu thereof a new Code Section 43-26-35 to
read as follows:
43-26-35. (a) Each licensed practical nurse shall biennially
make application to the joint-secretary for a renewal of his license.
Such application shall be accompanied by a renewal fee as established
by the board. The license of any person failing to obtain such renewal
shall become invalid on the date of expiration. Upon the payment of
all renewal and late renewal fees, however, such license may be
reinstated in accordance with the rules of the board. Fees and form of
payment thereof shall be established by appropriate board rule.
(b) Applicants for reinstatement who have not been engaged in
the active practice of nursing as licensed practical nurses at any time
during the five years immediately prior to such an application for
reinstatement shall successfully complete a program of instruction in
nursing approved by the board not more than six months prior to
reinstatement. The board may issue a temporary permit to practice
nursing as a licensed practical nurse to such applicants during the six-
month period. Other criteria for reinstatement may be determined by
the rules of the board, including but not limited to the following:
refresher courses, supervised practice, or examination by the board.
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 15,1983.
GEORGIA LAWS 1983 SESSION
467
SEASONAL COMMERCIAL FISHING LICENSES.
Code Section 27-2-23 Amended.
No. 201 (House Bill No. 447).
AN ACT
To amend Code Section 27-2-23 of the Official Code of Georgia
Annotated, relating to license, permit, and stamp fees, so as to reduce
the seasonal resident commercial fishing license to $10.00; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 27-2-23 of the Official Code of Georgia
Annotated, relating to license, permit, and stamp fees, is amended by
striking paragraph (5) in its entirety and inserting in lieu thereof a
new paragraph (5) to read as follows:
(5) Commercial fishing licenses
(A) Resident
commercial
fishing license Season
$10.00
(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 2. This Act shall become effective April 1,1984.
468
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
HOME RULE POWERS OF MUNICIPAL CORPORATIONS.
Code Section 36-35-6 Amended.
No. 202 (House Bill No. 476).
AN ACT
To amend Code Section 36-35-6 of the Official Code of Georgia
Annotated, relating to limitations on home rule powers of municipal
corporations, so as to redefine actions defining criminal offenses; to
redefine actions affecting any court; to 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 36-35-6 of the Official Code of Georgia
Annotated, relating to limitations on home rule powers of municipal
corporations, is amended by striking paragraph (2) of subsection (a)
which reads as follows:
(2) Action defining any criminal offense or providing for crimi-
nal punishment, other than to define ordinance violations for acts
which are not also violations of the criminal laws of this state and to
prescribe penalties for such ordinance violations;,
in its entirety and inserting in lieu thereof a new paragraph (2) to read
as follows:
(2) (A) Action defining any offense, which so defined, is also
an offense under the criminal laws of Georgia; and
GEORGIA LAWS 1983 SESSION
469
(B) Action providing for confinement in excess of six
months; and
(C) Action providing for fines and forfeitures in excess of
$1,000.00;.
Section 2. Said Code section is further amended by striking
paragraph (6) of subsection (a) which reads as follows:
(6) Action affecting any court or the personnel thereof, except
any municipal court having jurisdiction only over municipal ordi-
nances; and,
in its entirety and inserting in lieu thereof a new paragraph (6) to read
as follows:
(6) Action affecting the jurisdiction of any court; and.
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 15,1983.
FORFEITURES OF MONEY OR OTHER PROPERTY
DISPOSITION.
Code Section 16-13-49 Amended.
No. 203 (Senate Bill No. 193).
AN ACT
To amend Code Section 16-13-49 of the Official Code of Georgia
Annotated, relating to forfeitures, so as to provide that money and
470
GENERAL ACTS AND RESOLUTIONS, VOL. I
currency which is forfeited or which is realized from the sale or
disposition of forfeited property shall be vested in counties and
municipalities to be expended or used to defray the cost of complex
investigations, to purchase equipment, to provide matching funds to
obtain federal grants, and for such other law enforcement purposes as
the governing authority of the county or municipality deems appro-
priate; to provide for an exception; to provide for limitations; to
provide for the expenditure of such money and currency for other
public purposes under certain conditions; to provide for quarterly
reports; to repeal conflicting 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, is amended by striking paragraph
(2) of subsection (f) of said Code section in its entirety and substitut-
ing in lieu thereof a new paragraph (2) to read as follows:
(2) (A) Money and currency which is forfeited or which is
realized from the sale or disposition of forfeited property shall
after payment of all costs of court vest in the local political
subdivision whose law enforcement officers seized it. If the
money, currency, or property was seized by a municipal law
enforcement agency then the money, currency, or proceeds shall
vest in that municipality. If the money, currency, or property was
seized by a county law enforcement agency, then the money,
currency, or proceeds shall vest in that county. If the money,
currency, or property was seized by joint action of a county law
enforcement agency and a municipal law enforcement agency,
then the money, currency, or proceeds shall vest in that county
and that municipality and shall be divided equally between the
county and municipality. If the money, currency, or property was
seized by a state law enforcement agency, then the money, cur-
rency, or proceeds shall vest in the county where the condemna-
tion proceedings are filed. Except as otherwise provided in sub-
paragraph (B) of paragraph (1) of this subsection for payment of
all costs of court, the local government in which the money,
currency, or proceeds of forfeited property vests shall expend or
use such funds to defray the cost of complex investigations, to
purchase equipment, to provide matching funds to obtain federal
grants, and for such other law enforcement purposes as the
GEORGIA LAWS 1983 SESSION
471
governing authority of the county or municipality deems appro-
priate except that none of such money and currency shall be used
to pay all or part of the salaries of law enforcement personnel. The
governing authority may, in its discretion, limit the amount of all
such money and currency expended for such law enforcement
purposes during any calendar year to $20,000.00. The remainder
of such money and currency, if any, received by the governing
authority during any calendar year may be expended for any other
public purposes.
(B) Any law enforcement agency receiving money and cur-
rency which is forfeited or realized from the sale or disposition of
forfeited property shall submit a report to the governing authority
of the county or municipality on or before the tenth day of the
following month of each calendar quarter itemizing the money,
currency, and proceeds of forfeited property received and the
expenditure of the funds.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
PLACEMENT OF CAMPAIGN POSTERS AND OTHER
OUTDOOR ADVERTISING RESTRICTED NOTICE
REQUIRED.
Code Section 21-1-1 Amended.
Code Section 44-1-6 Amended.
No. 204 (Senate Bill No. 195).
AN ACT
To amend Code Section 21-1-1 of the Official Code of Georgia
Annotated, relating to the placement of campaign material, so as to
472
GENERAL ACTS AND RESOLUTIONS, VOL. I
remove the restriction against placing certain campaign material on
property zoned for particular uses; to amend Code Section 44-1-6 of
the Official Code of Georgia Annotated, relating to requirements for
outdoor posters, so as to remove the requirements that certain
information be contained on outdoor posters; to 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 21-1-1 of the Official Code of Georgia
Annotated, relating to the placement of campaign material, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 21-1-1 to read as follows:
21-1-1. (a) It shall be unlawful for any person to place cam-
paign posters, signs, and advertisements:
(1) Within the right of way of any public streets, roads, or
highways;
(2) On any public property or building;
(3) On any private property unless the owner thereof has
given permission to place such campaign posters, signs, and
advertisements on such property; or
(4) Reserved;
(5) On any property zoned for commercial or industrial uses
if the placement of such campaign posters, signs, and advertise-
ments conflicts with any zoning laws or ordinances.
(b) Any person who violates this Code section shall be guilty of a
misdemeanor.
Section 2. Code Section 44-1-16 of the Official Code of Georgia
Annotated, relating to requirements for outdoor posters, is amended
by striking in its entirety said Code section, which reads as follows:
44-1-16. (a) It shall be unlawful for any person to print,
possess, transport, or distribute posters for outdoor use in this state
unless such material has printed thereon the name and address of the
printer and the following warning:
GEORGIA LAWS 1983 SESSION
473
NOTICE: It is unlawful to place posters, signs, and advertise-
ments (1) within the right of way of any public streets, roads, or
highways; (2) on any public property or building; (3) on any private
property unless the owner thereof has given permission to place such
posters, signs, and advertisements on such property; (4) on any
property zoned for use other than commercial or industrial; or (5) on
any property zoned for commercial or industrial uses if the placement
of such posters, signs, and advertisements conflicts with any zoning
law or ordinance.
(b) Any person who violates this Code section shall be guilty of a
misdemeanor.
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 15,1983.
SIMPLIFIED LANGUAGE REQUIRED TO BE USED
IN LIFE AND ACCIDENT INSURANCE POLICIES
AND CERTIFICATES OF GROUP INSURANCE.
Code Section 33-3-25 Amended.
No. 205 (Senate Bill No. 200).
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 only those informational
booklets which are provided by insurers shall be required to be
written in simplified and plain language; to provide that amended
474
GENERAL ACTS AND RESOLUTIONS, VOL. I
and renewed policies shall not be subject to said requirement; 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 striking Code Section 33-3-25,
relating to language simplification, and inserting in lieu thereof a new
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 by insurers to group life or
accident and sickness insurance certificate holders which are issued,
delivered, or issued for delivery 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 Commissioner of
Insurance after due notice and hearing.
(b) In establishing the policy language simplification and read-
ing ease standards for such policies, certificates, and coverage book-
lets, the Commissioner of Insurance 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 Chapter 15,
18,19,20,21,29, or 30 of Title 33.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
475
PUBLIC WORKS CONTRACTS RETENTION OF
PORTION OF PERIODIC PAYMENTS LIMITED.
Code Section 13-10-20 Amended.
No. 206 (Senate Bill No. 242).
AN ACT
To amend Chapter 10 of Title 13 of the Official Code of Georgia
Annotated, relating to contracts for public works, so as to limit the
amount of retained amounts; 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 10 of Title 13 of the Official Code of Georgia
Annotated, relating to contracts for public works, is amended by
striking in its entirety Code Section 13-10-20, relating to authoriza-
tion and procedure for retention of contractual payments by state or
political subdivisions, and inserting in lieu thereof a new Code
Section 13-10-20 to read as follows:
13-10-20. (a) Any department, agency, or instrumentality of
the state or any political subdivision of the state is authorized to
insert in the specifications of all contracts relating to the installation,
extension, improvement, maintenance, or repair of any water or sewer
facility a clause providing for the retention of amounts not exceeding
10 percent of the gross value of the completed work as may be
provided for in the contract; provided, however, that no amounts
shall be retained on estimates or progress payments submitted after
50 percent of the work on the project has been completed if in the
opinion of the department, agency, or instrumentality of the state or
any political subdivision thereof such work is satisfactory and has
been completed on schedule. This will not affect the retained
amounts on the first 50 percent of the work on the project which may
continue to be held to ensure satisfactory completion of the project.
If, after discontinuing the retention, the department, agency, or
instrumentality of the state or any political subdivision thereof
determines that the work is unsatisfactory or has fallen behind
schedule, retention may be resumed at the previous level.
476
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Final payment of the retained amounts to the contractor
under the contract to which the retained amounts relate shall be
made after certification by the engineer in charge of the project
covered by the contract that the work has been satisfactorily com-
pleted and is accepted in accordance with the contract, plans, and
specifications.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
NOZZLES AND VALVES USED FOR DISPENSING
HAZARDOUS SUBSTANCES.
Code Section 25-2-16 Amended.
No. 207 (Senate Bill No. 251).
AN ACT
To amend Code Section 25-2-16 of the Official Code of Georgia
Annotated, relating to the regulation of hazardous substances, so as to
specify and provide for the use of certain type nozzles and valves used
in dispensing gasoline and diesel fuel at certain places of business; to
provide definitions; to 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 25-2-16 of the Official Code of Georgia
Annotated, relating to the regulation of hazardous substances, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 25-2-16 to read as follows:
GEORGIA LAWS 1983 SESSION
477
25-2-16. (a) Some substances constitute a special hazard to
property and to the life and safety of persons because of certain
characteristics and properties incident to their storage, handling, and
transportation. Substances presenting such a special hazard include
gasoline, kerosene, and other flammable liquids; liquefied petroleum
gases; welding and other gases; dry-cleaning fluids; anhydrous ammo-
nia; and other gases, liquids, or solids of a highly flammable or
hazardous nature.
(b) Every person who stores, transports, or handles any of the
hazardous substances listed in subsection (a) of this Code section
shall so store, transport, and handle the substances as to afford every
precaution and protection as may be found by the Commissioner to
be reasonable and practical to avoid injury to persons from exposure,
fire, or explosion caused by the storage, transportation, or handling of
these substances, including transportation thereof only in vehicles
which are in proper condition for that purpose.
(c) The Commissioner is directed to investigate the nature and
properties of such hazardous substances and the known precaution-
ary and protective techniques for their storage, transportation, and
handling, including, but not limited to, the codes and standards
adopted, recommended, or issued by the National Fire Protection
Association and the Agricultural Nitrogen Institute. Based upon the
investigation, the Commissioner is authorized to determine and by
rule to provide what precautionary and protective techniques are
reasonable and practical measures for the prevention of injury to
persons and property from the storage, transportation, and handling
of such highly flammable or hazardous substances. Such authoriza-
tion shall include the power to provide, by rule, the minimum
standards that a vehicle shall meet before it is considered to be in
proper condition to transport the material. No person shall transport
any such material or substance in bulk unless the vehicle in which it is
transported is in the proper condition, as provided by such rules, to
transport the material with reasonable safety.
(d) (1) As used in this subsection, the term:
(A) Automatic-closing device means a gasoline or
diesel fuel pump nozzle which contains a valve which auto-
matically shuts off the flow of gasoline or diesel fuel through
the nozzle when the level of gasoline in a motor vehicle fuel
tank reaches a certain level.
478
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Hold-open latch means a device which attaches to
a gasoline or diesel fuel pump nozzle, which device mechani-
cally holds the nozzle and valve in an open position.
(C) Self-service station means any place of business
which sells gasoline or diesel fuel at retail and which allows
customers to dispense the fuel.
(2) No self-service station shall be prohibited from instal-
ling and no customer at such station shall be prohibited from
using hold-open latches on gasoline or diesel fuel pumps available
for operation by the customer. However, if hold-open latches are
used on pumps operated by the customer, such pumps shall be
equipped with a functioning automatic-closing device.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
STATE WATER WELL STANDARDS ADVISORY
COUNCIL TERMINATION DATE CHANGED.
Code Section 12-5-134 Amended.
No. 208 (Senate Bill No. 256).
AN ACT
To amend Code Section 12-5-134 of the Official Code of Georgia
Annotated, relating to termination of the State Water Well Stan-
dards Advisory Council, so as to change the date for the termination
of the council and for the repeal of laws relating thereto; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
479
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 12-5-134 of the Official Code of Georgia
Annotated, relating to termination of the State Water Well Stan-
dards Advisory Council, is amended by striking that Code section and
inserting in its place a new Code section to read as follows:
12-5-134. 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 Water Well Standards
Advisory Council shall be terminated on April 11,1985, and this part
and any other laws relating to such council shall be repealed in their
entirety effective on the date specified in Code Section 43-2-8.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
GEORGIA INDUSTRIAL LOAN ACT APPLICATION
FOR LICENSES HEARINGS IN CERTAIN
INSTANCES.
Code Section 7-3-9 Amended.
No. 209 (Senate Bill No. 270).
AN ACT
To amend Code Section 7-3-9 of the Official Code of Georgia
Annotated, relating to the investigation of applications for licenses
under the Georgia Industrial Loan Act, so as to change the provi-
sions relative to hearings; to provide for other matters relative to the
480
GENERAL ACTS AND RESOLUTIONS, VOL. I
foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 7-3-9 of the Official Code of Georgia
Annotated, relating to the investigation of applications for licenses
under the Georgia Industrial Loan Act, is amended by striking said
Code section in its entirety and inserting in lieu thereof a new Code
Section 7-3-9 to read as follows:
7-3-9. (a) Upon the filing of the application and the payment
of the fees provided in Code Section 7-3-8, the commissioner shall
cause an investigation to be made. Notwithstanding any provision of
Chapter 13 of Title 50, entitled the Georgia Administrative Proce-
dure Act, to the contrary, if the commissioner has any doubt of the
applicant meeting the standards of subsection (b) of this Code
section, he shall issue a proposed order to be effective upon a later
date without a hearing, unless any person subject to the order
requests a hearing within ten days after receipt of the proposed order.
Failure to make the request shall constitute a waiver of the right to a
hearing pursuant to this Code section. The proposed order issued by
the commissioner shall contain or shall be accompanied by a notice of
opportunity for a hearing which shall clearly explain that the hearing
must be requested within ten days of receipt of the proposed order
and notice. The proposed order and notice shall be served in person
by the commissioner or his agent or by registered or certified mail,
return receipt requested. The commissioner or such person as he
designates shall hear evidence at such hearing and the hearing shall
be conducted in accordance with Chapter 13 of Title 50, the Georgia
Administrative Procedure Act. The cost of such hearing and of
recording and transcribing the evidence may, in the discretion of the
commissioner, be charged to the person seeking such license.
(b) If the commissioner shall find that:
(1) The financial responsibility, character, and general fit-
ness of the applicant are such as to command the confidence of the
public and to warrant a belief that the business will not be
operated unfairly or unlawfully contrary to the purposes of this
chapter; and
GEORGIA LAWS 1983 SESSION
481
(2) Allowing the applicant to engage in business will pro-
mote the convenience and advantage of the community in which
the licensed office is to be located,
the commissioner shall grant such application and issue to the appli-
cant a license which shall be authority to engage in the business of
making loans pursuant to said license in accordance with this chapter.
(c) Any demand for a hearing pursuant to this Code section shall
specify in what respects such person is aggrieved and the grounds to
be relied upon as a basis for the relief to be demanded at the hearing.
Unless postponed by mutual consent, the hearing shall be held within
30 days after receipt by the commissioner of the demand for a
hearing.
(d) In the event any person shall purchase substantially all the
assets used in a particular office of any existing licensee, the pur-
chaser shall file an application for license; but, if the licensee selling
such assets shall surrender his license for such location to the commis-
sioner, the purchaser shall not be required, in order to obtain a
license, to show that the convenience and advantage of the commu-
nity in which the licensed office will be located will be promoted by
the establishment or continuance of the proposed business of making
loans.
(e) The commissioner shall grant or deny an application for a
license made under this chapter within 60 days from the date of the
filing of such application.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
482
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROBATE JUDGES MINIMUM SALARY SCHEDULE
CHANGED.
Code Title 15, Chapter 9 Amended.
No. 210 (Senate Bill No. 32).
AN ACT
To amend Chapter 9 of Title 15 of the Official Code of Georgia
Annotated, relating to probate courts, so as to change the provisions
relating to minimum salaries for judges of the probate courts; to
provide that in certain counties military personnel shall not be
counted in determining the population of the county; to change the
provisions relating to supplements to the minimum salaries of the
judges of the 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. Chapter 9 of Title 15 of the Official Code of Georgia
Annotated, relating to probate courts, is amended by striking in its
entirety Code Section 15-9-63, relating to minimum salaries for
judges of the probate courts, and inserting in lieu thereof a new Code
Section 15-9-63 to read as follows:
15-9-63. (a) Any other laws to the contrary notwithstanding,
the minimum annual salary of each judge of the probate court 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
1970 or any future such census; provided, however, that, in the event
the population of a county according to the United States decennial
census of 1980 or any future such census is less than its population
according to the United States decennial census of 1970, the popula-
tion 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. Each such judge of the probate court shall
receive an annual salary, payable in equal monthly installments from
the funds of his county, of not less than the amount fixed in the
following schedule:
GEORGIA LAWS 1983 SESSION
483
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
100.00 199,999
200.000 294,999
295.000 or more
Minimum Salary
...... $ 9,085.00
......... 13,535.00
......... 15,567.00
......... 17,700.00
......... 20,493.00
......... 22,356.00
......... 24,355.00
......... 30,992.00
......... 38,745.00
......... 42,500.00
(b) In any county in which more than 70 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 purposes of subsection (a) of this Code
section shall be deemed to be the total population of the county minus
the population of the county which resides on property of the United
States government.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 15-9-64, relating to supplements to the mini-
mum salaries of judges of the probate courts, and inserting in lieu
thereof a new Code Section 15-9-64 to read as follows:
15-9-64. The amount of minimum salary provided in Code
Section 15-9-63 for the judges of the probate courts of any county
presently on a salary who also hold and conduct elections or are
responsible for conducting elections for members of the General
Assembly under any applicable general or local law of this state shall
be increased by $150.00 per month. The amount of the minimum
salary provided in Code Section 15-9-63 for the judges of the probate
courts on a salary who are responsible for traffic cases under any
general or local law of this state shall also be increased by $200.00 per
month.
Section 3. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
484
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
CRIMINAL ISSUANCE OF BAD CHECKS SUPPORT
OF MINORS.
Code Section 16-9-20 Amended.
No. 211 (House Bill No. 72).
AN ACT
To amend Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to criminal issuance of bad checks, so as to
provide that instruments issued for the support of minors are issued
for a present consideration; to provide for all related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to criminal issuance of bad checks, is amended by
striking paragraph (2) of subsection (f) which reads as follows:
(2) Present consideration shall include without limitation an
obligation or debt of rent which is past due or presently due and an
obligation or debt of state taxes which is past due or presently due.,
and inserting in its place a new paragraph (2) of subsection (f) to read
as follows:
(2) Present consideration shall include without limitation:
GEORGIA LAWS 1983 SESSION
485
(A) An obligation or debt of rent which is past due or
presently due;
(B) An obligation or debt of state taxes which is past due or
presently due; and
(C) An obligation or debt which is past due or presently due
for child support when made to the custodian of a minor child for
the support of such minor child and which is given pursuant to an
order of court or written agreement signed by the person making
the payment.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
PENALTIES FOR ISSUANCE OF BAD CHECKS, ETC.
Code Title 16, Chapter 9 Amended.
No. 212 (Senate Bill No. 45).
AN ACT
To amend Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to criminal issuance of bad checks, so as to change
the penalty for certain crimes involving bad checks; to enact a new
Code Section 16-9-58 relating to the crime of failure to pay for
agricultural products, naval stores, or other chattels; to repeal con-
flicting laws; and for other purposes.
486
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to criminal issuance of bad checks, is amended by
striking paragraph (1) of subsection (b) and inserting in its place a
new paragraph to read as follows:
(1) Except as provided in paragraph (2) of this subsection and
subsection (c) of this Code section, a person convicted of the
offense of criminal issuance of a bad check shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished as
follows:
(A) When the check is for less than $100.00:
(i) First offense: a fine of not less than $50.00 nor
more than $100.00 or imprisonment not to exceed 30
days, or both;
(ii) Second offense: a fine of not less than $100.00
nor more than $200.00 or imprisonment not to exceed 60
days, or both; and
(iii) Third or subsequent offense: a fine of not less
than $200.00 nor more than $400.00 or imprisonment not
to exceed 12 months, or both;
(B) When the check is for $100.00 or more but less than
$500.00:
(i) First offense: a fine of not less than $100.00 nor
more than $200.00 or imprisonment not to exceed 60
days, or both;
(ii) Second offense: a fine of not less than $200.00
nor more than $400.00 or imprisonment not to exceed
three months, or both; and
(iii) Third or subsequent offense: a fine of not less
than $400.00 nor more than $800.00 or imprisonment not
to exceed 12 months, or both; or
GEORGIA LAWS 1983 SESSION
487
(C) When more than one check is involved and such
checks were drawn within 90 days of one another and each is
in an amount less than $100.00, the amounts of such separate
checks may be added together to arrive at and be punishable
under subparagraph (B) of this paragraph.
Section 2. A new Code Section 16-9-58 is added at the end of
Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to forgery and fraudulent practices, said new
Code section to read as follows:
16-9-58. Any person, either on his own account or for others,
who shall buy cotton, corn, rice, crude turpentine, spirits of turpen-
tine, rosin, pitch, tar, timber, pulpwood, poultry and poultry pro-
ducts, cattle, hogs, sheep, goats, horses, mules, pecans, peaches,
apples, watermelons, cantaloupes, or other products or chattels and
shall fail or refuse to pay therefor or shall make way with or dispose of
the same before he shall have paid therefor unless credit shall be
expressly extended therefor shall be guilty of a felony and, upon
conviction thereof, shall be imprisoned for not less than one year nor
more than five years.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
SUSPENDED DRIVERS LICENSES AND TAG
REGISTRATIONS RESTORATION FEES, ETC.
Code Title 40, Chapter 5 Amended.
Code Title 40, Chapter 9 Amended.
No. 213 (Senate Bill No. 268).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to change the amount of
488
GENERAL ACTS AND RESOLUTIONS, VOL. I
restoration fee required before the Department of Public Safety will
return an operators drivers license or tag registration, or both; 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 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, is amended by striking in its
entirety subsection (b) of Code Section 40-5-62, relating to periods of
revocation of drivers licenses and restoration of licenses, and insert-
ing in lieu thereof a new subsection (b) to read as follows:
(b) The department shall not issue a new license nor restore a
persons suspended license or nonresidents operating privilege unless
and until it is satisfied after investigation of the character, habits, and
driving ability of such person that it will be safe to grant the privilege
of driving a motor vehicle on the public highways. The department
may issue rules and regulations providing for reinstatement hearings.
In the case of a revocation pursuant to Code Section 40-5-58, the
department shall charge a fee of $25.00 to issue a new drivers license
to a person whose drivers license has been revoked to cover the costs
of administering this Code section and shall require a reexamination
of the drivers ability and knowledge of the traffic laws of this state.
Section 2. Said title is further amended by striking in its entirety
subsection (d) of Code Section 40-5-63, relating to periods of suspen-
sion of drivers licenses and conditions for the return of license, and
inserting in lieu thereof a new subsection (d) to read as follows:
(d) In all cases in which the department may return a license to
a driver prior to the termination of the full period of suspension, the
department may require such tests of driving skill and knowledge as it
determines to be proper, and the departments discretion shall be
guided by the drivers past driving record and performance, and the
driver shall pay a fee of $25.00 for the return of his license.
GEORGIA LAWS 1983 SESSION
489
Section 3. Said title is further amended by striking in its entirety
Code Section 40-9-9, relating to reinstatement of drivers license and
vehicle registration under the Motor Vehicle Safety Responsibility
Act, and inserting in lieu thereof a new Code Section 40-9-9 to read
as follows:
40-9-9. Whenever a drivers license or vehicle registration is
suspended under any provisions of this chapter and the filing of proof
of financial responsibility is made a prerequisite to reinstatement of
such license or registration or both, no such license or registration
shall be reinstated unless the driver or owner, in addition to comply-
ing with the other provisions of this chapter, pays to the department a
fee of $25.00. Only one such fee shall be paid by any one person
irrespective of the number of licenses and registrations to be rein-
stated. The fees paid pursuant to this Code section shall be expend-
able receipts to be used only by the department toward the cost of
administration of this chapter.
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 15,1983.
PRIVATE DETECTIVE AND SECURITY AGENCIES
SUSPENSION OF LICENSES.
Code Section 43-38-11.1 Enacted.
No. 214 (Senate Bill No. 169).
AN ACT
To amend Chapter 38 of Title 43 of the Official Code of Georgia
Annotated, relating to operators of private detective and private
490
GENERAL ACTS AND RESOLUTIONS, VOL. I
security agencies, so as to authorize the Georgia Board of Private
Detective and Security Agencies to suspend certain licenses, registra-
tion, or permits without a prior hearing under certain circumstances;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 38 of Title 43 of the Official Code of Georgia
Annotated, relating to operators of private detective and private
security agencies, is amended by adding between Code Sections 43-
38-11 and 43-38-12 a new Code Section 43-38-11.1 to read as follows:
43-38-11.1. After proper notification, the board may suspend
the license, registration, or weapons permit of any licensee,
registrant, or weapons permit holder without a prior hearing as
required in Code Section 43-38-11, provided that said licensee,
registrant, or weapons permit holder is determined by the board to
present a clear and present danger to the public safety on the grounds
outlined in Code Section 43-38-11.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
ILLEGAL COMMERCIAL FISHING WITH POWER-DRAWN
NETS PENALTIES.
Code Section 27-4-138 Amended.
No. 215 (House Bill No. 11).
AN ACT
To amend Code Section 27-4-138 of the Official Code of Georgia
Annotated, relating to penalties for offenses pertaining to the opera-
GEORGIA LAWS 1983 SESSION
491
tion of commercial fishing boats engaged in illegal fishing with power-
drawn nets, so as to change the provisions relative to such penalties;
to provide that adjudication of guilt or imposition of sentence shall
not be suspended, probated, deferred, or withheld for any offense
punishable under said Code section; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 27-4-138 of the Official Code of Georgia
Annotated, relating to penalties for offenses pertaining to the opera-
tion of commercial fishing boats engaged in illegal fishing with power-
drawn nets, is amended by striking said Code section in its entirety
and substituting in lieu thereof a new Code Section 27-4-138 to read
as follows:
27-4-138. (a) Any person in command of any commercial
fishing boat who violates or causes to be violated the provisions of
Code Section 27-4-133 shall be guilty of a misdemeanor and shall be
punished as such, subject to a minimum punishment as follows:
(1) For the first offense, the person shall be fined not less
than $500.00 and given a mandatory suspension from any com-
mercial fishing for 60 fishing days;
(2) For the second offense, the person shall be fined not less
than $1,500.00 and given a mandatory suspension from any com-
mercial fishing for 120 fishing days; and
(3) For the third offense, the person shall be fined not less
than $5,000.00 and given a mandatory suspension from any com-
mercial fishing for one year.
Any person who violates a mandatory suspension provided for in
this subsection shall, upon a proper showing, be subject to impris-
onment for a period not to exceed 12 months.
492
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) It is the responsibility of every person operating a commer-
cial fishing boat to determine whether or not the boat has a license
which is valid and in effect. Any person who is engaged in illegal
fishing with power-drawn nets while operating a boat which has not
been licensed or which has had its license suspended and not rein-
stated shall be guilty of a misdemeanor and shall be punished by a
mandatory minimum sentence as follows:
(1) For the first offense, the person shall be fined not less
than $2,500.00 or sentenced to not less than 30 days nor more
than 12 months imprisonment, or both; and
(2) For the second offense, the person shall be fined not less
than $5,000.00 and given a mandatory suspension from any fishing
for not less than five years. Any person who violates such manda-
tory suspension shall, upon a proper showing, be subject to
imprisonment not to exceed 12 months.
(c) For purposes of this Code section, illegal fishing with power-
drawn nets means any violation of Code Section 27-4-133 or 27-4-
171.
(d) Adjudication of guilt or imposition of sentence shall not be
suspended, probated, deferred, or withheld for any offense punish-
able under this Code section.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
493
DEFINITION OF TERM BANK CHANGED.
Code Section 7-1-4 Amended.
No. 216 (House Bill No. 15).
AN ACT
To amend Code Section 7-1-4 of the Official Code of Georgia,
relating to definitions relative to the Department of Banking and
Finance and financial institutions generally, so as to change the
provisions relative to the definition of the term bank; to provide for
a statement of intent; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article III, Section VI, Paragraph V(a) of the
Constitution of the State of Georgia.
Section 2. Code Section 7-1-4 of the Official Code of Georgia,
relating to definitions relative to the Department of Banking and
Finance and financial institutions generally, is amended by striking
paragraph (7) of said Code section in its entirety and inserting in lieu
thereof a new paragraph (7) to read as follows:
(7) Bank means a corporation existing under the laws of this
state on April 1, 1975 (including a regulated certificated bank), or
organized under this chapter and authorized to engage in the business
of receiving deposits withdrawable on demand or deposits withdraw-
able after stated notice or lapse of time; bank shall also include
national banks located in this state for the purpose of Part 6 of Article
2 of this chapter, relating to deposits, safe-deposit agreements, and
money received for transmission, and Article 8 of this chapter,
relating to multiple deposit accounts; provided, however, that bank
shall not include a credit union, a building and loan association, a
savings and loan association, or a licensee under Article 4 of this
chapter.
494
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
SECRETARY OF THE SENATE CLERK OF THE
HOUSE OF REPRESENTATIVES MANNER OF
ELECTION AND TERM.
Code Section 28-3-20 Amended.
No. 217 (House Bill No. 16).
AN ACT
To amend Article 2 of Chapter 3 of Title 28 of the Official Code of
Georgia Annotated, relating to the Secretary of the Senate and the
Clerk of the House of Representatives, so as to change the provisions
relating to the election of the Secretary of the Senate and the Clerk of
the House of Representatives; to provide for a statement of intent; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article III, Section IV, Paragraph X of the
Constitution of the State of Georgia.
Section 2. Article 2 of Chapter 3 of Title 28 of the Official Code
of Georgia Annotated, relating to the Secretary of the Senate and the
Clerk of the House of Representatives, is amended by striking Code
Section 28-3-20, relating to the election and term of office of the
Secretary of the Senate and the Clerk of the House of Representa-
tives, in its entirety and inserting in lieu thereof a new Code Section
28-3-20 to read as follows:
GEORGIA LAWS 1983 SESSION
495
28-3-20. There shall be a Secretary of the Senate and a Clerk of
the House of Representatives, elected by the members of each house
respectively by recorded vote; and a majority of votes cast is necessary
to elect. Their terms of office shall be the time for which the members
of the General Assembly are elected and until their successors are
elected.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
MANNER OF FILLING VACANCIES ON STATE BOARD
OF EDUCATION AND ON BOARD OF REGENTS.
Code Section 20-2-3 Amended.
Code Section 20-3-23 Amended.
No. 218 (House Bill No. 17).
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated,
relating to education, so as to change the provisions relating to
vacancies on the State Board of Education; to change the provisions
relating to vacancies on the board of regents; 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 20 of the Official Code of Georgia Annotated,
relating to education, is amended by striking Code Section 20-2-3,
relating to vacancies on the State Board of Education, in its entirety
and substituting in lieu thereof a new Code Section 20-2-3 to read as
follows:
496
GENERAL ACTS AND RESOLUTIONS, VOL. I
20-2-3. In case of a vacancy on the State Board of Education by
death, resignation, removal, or from any cause other than the expira-
tion of such members term of office, such vacancy shall be filled in
the manner prescribed by Article VIII, Section II, Paragraph I of the
Constitution.
Section 2. Said Title 20 is further amended by striking Code
Section 20-3-23, relating to vacancies on the board of regents, in its
entirety and substituting in lieu thereof a new Code Section 20-3-23
to read as follows:
20-3-23. In case of a vacancy on the board of regents by death,
resignation, removal, or from any other cause other than the expira-
tion of such members term of office, such vacancy shall be filled in
the manner prescribed by Article VIII, Section IV, Paragraph I of the
Constitution.
Section 3. This Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
FREE EDUCATION FOR ELDERLY IN STATE
UNIVERSITIES, ETC.
Code Section 20-3-31.1 Enacted.
Code Title 20, Chapter 3, Part 5 Amended.
No. 219 (House Bill No. 19).
AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to postsecondary education, so as to provide for a
GEORGIA LAWS 1983 SESSION
497
program for elderly citizens of this state to attend units of the
university system without payment of fees with certain exceptions; to
provide that such program shall be a continuation of an existing
program; to provide for a scholarship program of the board of regents;
to provide for other matters relative to the foregoing; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to postsecondary education, is amended by
adding immediately following Code Section 20-3-31 a new Code
Section 20-3-31.1 to read as follows:
20-3-31.1. (a) The board of regents is authorized and directed
to establish a program whereby citizens of this state who are 62 years
of age or older may attend units of the University System of Georgia
without payment of fees, except for supplies and laboratory or shop
fees, when space is available in a course scheduled for resident credit.
Such program shall not include attendance at classes in dental,
medical, veterinary, or law schools. Persons who attend units of the
University System of Georgia under the program established pursu-
ant to this Code section shall not be counted as students by the board
of regents for budgetary purposes. The board of regents shall adopt
and promulgate rules and regulations, not inconsistent with this Code
section, to carry out the provisions of this Code section.
(b) The program for senior citizens provided for by subsection
(a) of this Code section shall be a continuation, without interruption,
of the program for elderly citizens heretofore established by the board
of regents pursuant to the requirements of Article VIII, Section IV,
Paragraph II of the Constitution of the State of Georgia of 1976. Such
heretofore established program is ratified, confirmed, and continued
without the necessity of the reestablishment of such program by the
board of regents.
Section 2. Said Chapter 3 of Title 20 is further amended by
striking Part 5 of Article 7, which reads as follows:
Part 5
20-3-500. The board of regents scholarships provided for in
Article X, Section II, Paragraph VII of the Constitution of Georgia
are continued and shall continue to be administered by the board.,
498
GENERAL ACTS AND RESOLUTIONS, VOL. I
in its entirety and substituting in lieu thereof a new Part 5 to read as
follows:
Part 5
20-3-500. The board of regents shall have the authority to grant
to qualified students, who are citizens and bona fide residents of the
State of Georgia and who would not otherwise have available the
funds necessary to obtain an education, such scholarships as are
necessary for them to complete programs of study offered by institu-
tions of the University System of Georgia, with the exception of the
program leading to the degree of Doctor of Medicine. The terms and
conditions thereof shall be prescribed and regulated by the board of
regents but shall include the condition that recipients of such scholar-
ships shall, upon the completion of their programs of study, reside in
the State of Georgia and engage in activities for which they were
prepared through the scholarships for a period of one year for each
$1,000.00 received.
20-3-501. It shall be the duty of the board of regents to receive
and pass upon, allow, or disallow all applications for scholarships; to
contract, increase, decrease, terminate, and otherwise regulate all
grants for scholarships; and to manage, operate, and control all funds
appropriated for this purpose.
20-3-502. The funds necessary to provide for the program of
scholarships authorized by this part shall come from funds appropri-
ated or otherwise made available to the board of regents for such
purposes.
Section 3. This Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
499
DEPARTMENT OF INDUSTRY AND TRADE EXPENSES
INCURRED TO SECURE NEW BUSINESS, INDUSTRY
AND TOURISM.
Code Section 50-7-15 Enacted.
No. 220 (House Bill No. 20).
AN ACT
To amend Article 1 of Chapter 7 of Title 50 of the Official Code of
Georgia Annotated, relating to general provisions relative to the
Department of Industry and Trade, so as to authorize the Depart-
ment of Industry and Trade to expend available funds for the
business meals and incidental expenses of certain persons; to provide
for verification of such expenditures; to provide for vouchers; to
provide for audits; to provide for a statement of intent; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement the provi-
sions of Article III, Section VI, Paragraph VI of the Constitution of
the State of Georgia.
Section 2. Article 1 of Chapter 7 of Title 50 of the Official Code
of Georgia Annotated, relating to general provisions relative to the
Department of Industry and Trade, is amended by adding a new Code
Section 50-7-15 to read as follows:
50-7-15. The Department of Industry and Trade, in order to
make Georgia competitive with other states in securing new business,
industry, and tourism, is authorized to expend available funds for the
business meals and incidental expenses of bona fide industrial pros-
pects and other persons who attend any meeting at the request of the
department to discuss the location or development of new business,
industry, or tourism within the state. All such expenditures shall be
verified by vouchers showing the date, place, purpose, and persons for
whom such expenditures were made. The state auditor shall conduct
an audit of such expenditures at least every six months.
500
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
STATE BOARD OF PARDONS AND PAROLES
MEMBERS, MEETINGS, DUTIES, ETC.
Code Title 42, Chapter 9 Amended.
No. 221 (House Bill No. 22).
AN ACT
To amend Chapter 9 of Title 42 of the Official Code of Georgia
Annotated, relating to pardons and paroles, so as to change the provi-
sions relating to the creation of the State Board of Pardons and Pa-
roles; to provide for the election of the chairman of said board; to pro-
vide for the term of office of the chairman; to change the provisions
relating to removal of members of the board for cause; to change the
provisions relating to the annual report of the board; to change the
provisions relating to the suspension of the execution of a death sen-
tence; to change the provisions relating to the powers of the Governor;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article IV, Section II of the Constitution of the
State of Georgia.
Section 2. Chapter 9 of Title 42 of the Official Code of Georgia
Annotated, relating to pardons and paroles, is amended by striking in
its entirety subsection (a) of Code Section 42-9-2, relating to the State
Board of Pardons and Paroles, and inserting in lieu thereof a new
subsection (a) to read as follows:
GEORGIA LAWS 1983 SESSION
501
(a) Pursuant to Article IV, Section II, Paragraph I of the
Georgia Constitution, there shall be a State Board of Pardons and
Paroles, which shall consist of five members appointed by the Gover-
nor, subject to confirmation of the Senate.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 42-9-6, relating to the selection of a secretary
by the State Board of Pardons and Paroles, and inserting in lieu
thereof a new Code Section 42-9-6 to read as follows:
42-9-6. (a) Each year the board shall elect one of its members
to serve as chairman of the board for the ensuing year.
(b) The members of the board shall meet and select from their
number a secretary, who shall serve for a period of two years or until
his successor is appointed and qualified. Neither the chairman nor
the secretary shall draw any salary from the state in addition to that
which each receives as a member of the board.
Section 4. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 42-9-14, relating to removal of
a member of the State Board of Pardons and Paroles for cause, and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) As used in this Code section, the term committee or
removal committee means the Governor, Lieutenant Governor, and
Attorney General.
Section 5. Said chapter is further amended by striking in its
entirety Code Section 42-9-19, relating to the annual report of the
State Board of Pardons and Paroles, and inserting in lieu thereof a
new Code Section 42-9-19 to read as follows:
42-9-19. On or before January 1 of each year, the board shall
make a written report of its activities, copies of which shall be sent to
the Governor, the Attorney General, and to such other officers and
persons as the board may deem advisable. One copy of the report shall
become a part of the records of the board. The State Board of Pardons
and Paroles shall, at each session of the General Assembly, communi-
cate to that body in full detail each case of pardon, parole, commuta-
tion, removal of disabilities, or remission of sentence granted, stating
the name of the convicted person; the offense for which he was
convicted; the sentence and its date; the date of the pardon, parole,
502
GENERAL ACTS AND RESOLUTIONS, VOL. I
commutation, removal of disabilities, or remission of sentence; and
the reasons for granting the same.
Section 6. Said chapter is further amended by striking in its
entirety Code Section 42-9-20, relating to powers of the State Board
of Pardons and Paroles, and inserting in lieu thereof a new Code
Section 42-9-20 to read as follows:
42-9-20. In all cases in which the chairman of the board or any
other member designated by the board has suspended the execution
of a death sentence to enable the full board to consider and pass on
same, it shall be mandatory that the board act within a period not
exceeding 90 days from the date of the suspension order. In the cases
which the board has power to consider, the board shall be charged
with the duty of determining which inmates serving sentences
imposed by a court of this state may be released on pardon or parole
and fixing the time and conditions thereof. The board shall also be
charged with the duty of supervising all persons placed on parole, of
determining violations thereof and of taking action with reference
thereto, of making such investigations as may be necessary, and of
aiding parolees or probationers in securing employment. It shall be
the duty of the board personally to study the cases of those inmates
whom the board has power to consider so as to determine their
ultimate fitness for such relief as the board has power to grant. The
board by an affirmative vote of a majority of its members shall have
the power to commute a sentence of death to one of life impris-
onment.
Section 7. Said chapter is further amended by striking in its
entirety Code Section 42-9-56, relating to the suspension of execution
of death sentences, and inserting in lieu thereof a new Code Section
42-9-56 to read as follows:
42-9-56. The Governor shall have no authority or power what-
ever over the granting of pardons or paroles.
Section 8. This Act shall become effective July 1,1983.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
503
CRIMINAL PROCEDURE ^ COPY OF INDICTMENT,
ETC., TO BE FURNISHED ACCUSED WITHOUT
DEMAND.
Code Section 17-7-110 Amended.
No. 222 (House Bill No. 23).
AN ACT
To amend Code Section 17-7-110 of the Official Code of Georgia
Annotated, relating to furnishing a copy of the indictment or accusa-
tion and list of witnesses to the accused, so as to provide that a copy of
the indictment or accusation shall be furnished to the accused
without demand; to provide legislative intent; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes imposed by Article I, Section I, Paragraph XIV of the
Constitution of the State of Georgia.
Section 2. Code Section 17-7-110 of the Official Code of Georgia
Annotated, relating to furnishing a copy of the indictment or accusa-
tion and list of witnesses to the accused, is amended by striking the
Code section in its entirety and inserting in lieu thereof a new Code
section to read as follows:
17-7-110. Prior to his arraignment, every person charged with a
criminal offense shall be furnished with a copy of the indictment or
accusation and, on demand, with a list of the witnesses on whose
testimony the charge against him is founded. Without the consent of
the defendant, no witness shall be permitted to testify for the state
whose name does not appear on the list of witnesses as furnished to
the defendant unless the prosecuting attorney shall state in his place
that the evidence sought to be presented is newly discovered evidence
which the state was not aware of at the time of its furnishing the
defendant with a list of the witnesses.
504
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
CREATION OF BOARD OF INDUSTRY AND TRADE
COMPOSITION OF BOARD, DUTIES, POWERS, ETC.
Code Title 50, Chapter 7 Amended.
No. 223 (House Bill No. 26).
AN ACT
To amend Chapter 7 of Title 50 of the Official Code of Georgia
Annotated, relating to the Department of Industry and Trade, so as
to provide for the creation and composition of the Board of Industry
and Trade; to provide for the new members of the board; to provide
for the existing members of the board; to provide for the duties,
powers, and authority of the board; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 50 of the Official Code of Georgia
Annotated, relating to the Department of Industry and Trade, is
amended by striking Code Section 50-7-3, which reads as follows:
50-7-3. The department shall be under the direction and super-
vision of a Board of Industry and Trade which shall be composed of 20
members. The board shall be the policy-determining body for the
department and shall have the duties, powers, authority, and jurisdic-
tion provided in this chapter.,
and inserting in lieu thereof a new Code Section 50-7-3 to read as
follows:
GEORGIA LAWS 1983 SESSION
505
50-7-3. (a) The department shall be under the direction and
supervision of a Board of Industry and Trade.
(b) On and after July 1, 1983, the Board of Industry and Trade
shall consist of one member from each congressional district in the
state and five additional members from the state at large. All
members shall be appointed by the Governor, subject to confirmation
by the Senate. The initial terms of members shall be as follows: two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1984; two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1985; two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1986; two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1987; and two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1988. There-
after, all members appointed to the board by the Governor shall be
appointed for terms of five years and until their successors are
appointed and qualified. In the event of a vacancy during the term of
any member by reason of death, resignation, or otherwise, the
appointment of a successor by the Governor shall be for the remain-
der of the unexpired term of such member.
(c) The first members appointed under this Code section shall
be appointed for terms which begin July 1,1983. The members of the
Board of Industry and Trade serving on April 1,1983, shall remain in
office until their successors are appointed and qualified.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 50-7-4, relating to members of the Board of
Industry and Trade, which reads as follows:
50-7-4. The members of the board shall be appointed and shall
have terms as provided by the Constitution of this state.,
and inserting in lieu thereof a new Code Section 50-7-4 to read as
follows:
50-7-4. The board shall be the policy-determining body for the
department and shall have the duties, powers, authority, and jurisdic-
tion provided in this chapter.
506
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
SECRETARY OF STATE CORPORATIONS MINIMUM
NUMBER OF DIRECTORS.
Code Section 14-4-21 Amended.
No. 224 (House Bill No. 27).
AN ACT
To amend Article 2 of Chapter 4 of Title 14 of the Official Code of
Georgia Annotated, relating to the incorporation of Secretary of State
corporations, so as to change the provisions relating to the number of
directors of Secretary of State corporations; to delete a citation to the
Constitution of Georgia of 1976; to provide for a statement of intent;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article III, Section VI, Paragraph V(a) of the
Constitution of the State of Georgia.
Section 2. Article 2 of Chapter 4 of Title 14 of the Official Code
of Georgia Annotated, relating to incorporation of Secretary of State
corporations, is amended by striking Code Section 14-4-21, relating to
the number of directors of Secretary of State corporations, in its
entirety and inserting in lieu thereof a new Code Section 14-4-21 to
read as follows:
GEORGIA LAWS 1983 SESSION
507
14-4-21. Every banking, trust, insurance, railroad, canal, navi-
gation, express, and telegraph corporation shall have such number of
directors, not less than three, as may be provided by its charter, any
amendment thereto granted prior to April 1,1969, or thereafter, or by
its bylaws in the absence of any such charter provision. The effect of
this Code section shall be that all actions taken prior to April 1,1969,
by the board of directors of any such corporation shall be valid and
binding for all purposes as if this Code section had been enacted
before such action was taken and as if such board of directors had
been constituted as provided by this Code section.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
DEPARTMENT OF OFFENDER REHABILITATION
COMPOSITION OF BOARD, TERMS OF OFFICE, ETC.
Code Title 42, Chapter 2 Amended.
No. 225 (House Bill No. 34).
AN ACT
To amend Chapter 2 of Title 42 of the Official Code of Georgia
Annotated, relating to the Board and Department of Offender Reha-
bilitation, so as to provide for the creation and composition of the
Board of Offender Rehabilitation; to provide for terms of office for
members of the board; to provide for the purpose of the board; to
change the provisions relating to the establishment of a general policy
to be followed by the department; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
508
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. It is the intent of this Act to implement certain
changes required by Article III, Section VI, Paragraph IV, subpara-
graph (b) of the Constitution of the State of Georgia.
Section 2. Chapter 2 of Title 42 of the Official Code of Georgia
Annotated, relating to the Board and Department of Offender Reha-
bilitation, is amended by striking in its entirety Code Section 42-2-2,
relating to the Board of Offender Rehabilitation, and inserting in lieu
thereof a new Code Section 42-2-2 to read as follows:
42-2-2. (a) On and after July 1, 1983, the Board of Offender
Rehabilitation shall consist of one member from each congressional
district in the state and five additional members from the state at
large. All members shall be appointed by the Governor, subject to
confirmation by the Senate. The initial terms of members shall be as
follows: two members representative of congressional districts and
one at-large member shall be appointed for a term ending July 1,
1984; two members representative of congressional districts and one
at-large member shall be appointed for a term ending July 1, 1985;
two members representative of congressional districts and one at-
large member shall be appointed for a term ending July 1,1986; two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1987; and two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1988. There-
after, all members appointed to the board by the Governor shall be
appointed for terms of five years and until their successors are
appointed and qualified. In the event of a vacancy during the term of
any member by reason of death, resignation, or otherwise, the
appointment of a successor by the Governor shall be for the remain-
der of the unexpired term of such member.
(b) The first members appointed under this Code section shall
be appointed for terms which begin July 1,1983. The members of the
Board of Offender Rehabilitation serving on April 1, 1983, shall
remain in office until their successors are appointed and qualified.
(c) The board shall annually elect one of its members as chair-
man and shall elect from its membership a secretary of the board. The
secretary of the board shall keep adequate records and minutes of all
business and official acts of the board. Records of the board shall be
maintained in the office of the commissioner.
GEORGIA LAWS 1983 SESSION
509
Section 3. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 42-2-11, relating to rules and
regulations governing the penal system, and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) The board shall establish the general policy to be followed
by the department and shall have the duties, powers, authority, and
jurisdiction provided for in this title or as otherwise provided by law.
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 15,1983.
COMMERCIAL PAPER -rr LIABILITY OF MAKER OR
DRAWER TO ASSIGNEE.
Code Section 11-3-603 Amended.
No. 226 (House Bill No. 44).
AN ACT
To amend Article 3 of Title 11 of the Official Code of Georgia
Annotated, relating to commercial paper, so as to change the provi-
sions relating to payment or satisfaction; to provide for defenses
against the assignee or its authorized agent of a negotiable note; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 3 of Title 11 of the Official Code of Georgia
Annotated, relating to commercial paper, is amended by adding at the
510
GENERAL ACTS AND RESOLUTIONS, VOL. I
end of Code Section 11-3-603, relating to payment or satisfaction, a
new subsection (3) to read as follows:
(3) Notwithstanding any other provisions of this article, with
respect to a note which is a negotiable instrument within the meaning
of this article and which is to be paid off in installment payments or in
more than one payment, the maker or drawer is authorized to pay the
assignor until the assignee sends a registered or certified letter to the
maker or drawer at his last known address notifying him that the
amount due or to become due has been assigned and that payment is
to be made to the assignee. A notification which does not reasonably
identify the rights assigned is ineffective. If requested by the drawer
or maker, the assignee or its authorized agent must furnish reasonable
proof that the assignment has been made and unless he does so the
maker or drawer may pay the assignor.,
so that when so amended Code Section 11-3-603 shall read as follows:
11-3-603. (1) The liability of any party is discharged to the
extent of his payment or satisfaction to the holder even though it is
made with knowledge of a claim of another person to the instrument
unless prior to such payment or satisfaction the person making the
claim either supplies indemnity deemed adequate by the party seek-
ing the discharge or enjoins payment or satisfaction by order of a
court of competent jurisdiction in an action in which the adverse
claimant and the holder are parties. This subsection does not, how-
ever, result in the discharge of the liability:
(a) Of a party who in bad faith pays or satisfies a holder who
acquired the instrument by theft or who (unless having the rights
of a holder in due course) holds through one who so acquired it; or
(b) Of a party (other than an intermediary bank or a payor
bank which is not a depositary bank) who pays or satisfies the
holder of an instrument which has been restrictively indorsed in a
manner not consistent with the terms of such restrictive indorse-
ment.
(2) Payment or satisfaction may be made with the consent of the
holder by any person including a stranger to the instrument. Surren-
der of the instrument to such a person gives him the rights of a
transferee (Code Section 11-3-201).
GEORGIA LAWS 1983 SESSION
511
(3) Notwithstanding any other provisions of this article, with
respect to a note which is a negotiable instrument within the meaning
of this article and which is to be paid off in installment payments or in
more than one payment, the maker or drawer is authorized to pay the
assignor until the assignee or its authorized agent sends a registered
or certified letter to the maker or drawer at his last known address
notifying him that the amount due or to become due has been
assigned and that payment is to be made to the assignee. A notifica-
tion which does not reasonably identify the rights assigned is ineffec-
tive. If requested by the drawer or maker, the assignee must furnish
reasonable proof that the assignment has been made and unless he
does so the maker or drawer may pay the assignor.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
NOTICE OF PETITION FOR PROBATE IN SOLEMN
FORM SERVICE BY MAIL.
Code Section 53-3-14 Amended.
No. 227 (House Bill No. 45).
AN ACT
To amend Code Section 53-3-14 of the Official Code of Georgia
Annotated, relating to notice of petition for probate in solemn form,
so as to provide for mail service of notice of petition for probate in
solemn form; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
512
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 53-3-14 of the Official Code of Georgia
Annotated, relating to notice of petition for probate in solemn form, is
amended by adding at the end thereof a new subsection (i) to read as
follows:
(i) Where personal service is required by this Code section,
unless otherwise directed by the probate court, notice of petition for
probate in solemn form may be served instead by registered or
certified mail if the petitioner so requests in the petition. The judge of
the probate court or the judges clerk shall cause a copy of the petition
and citation to be sent by registered or certified mail to the heirs at
law of the testator for whom addresses are set forth in the petition and
to any guardian ad litem appointed to represent any such heirs.
Service by registered or certified mail pursuant to this subsection
shall be made with return receipt requested and with delivery
restricted to addressee only. If the return receipt is not signed by that
addressee and received by the court at least ten days before probate is
to be made, service shall be made as otherwise required by this Code
section.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
513
DISPOSSESSORY PROCEEDINGS PAYMENT OF
RENT INTO REGISTRY OF COURT PENDING
FINAL DETERMINATION OF ISSUES.
Code Section 44-7-54 Amended.
No. 228 (House Bill No. 51).
AN ACT
To amend Code Section 44-7-54 of the Official Code of Georgia
Annotated, relating to payment of rent into the court under dispos-
sessory proceedings, so as to change the provisions relating to the time
at which the tenant must begin making payments into the court; to
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 44-7-54 of the Official Code of Georgia
Annotated, relating to payment of rent into the court under dispos-
sessory proceedings, is amended by striking subsection (a) in its
entirety and substituting in lieu thereof a new subsection (a) to read
as follows:
(a) In any case where the issue of the right of possession cannot
be finally determined within two weeks from the date of service of the
copy of the summons and the copy of the 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
514
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 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.
Approved March 15,1983.
REWARD FOR FIRST COMMERCIAL PRODUCING
OIL WELL DEFINITION OF COMMERCIAL
PRODUCTION.
Code Section 12-4-20 Amended.
No. 229 (House Bill No. 31).
AN ACT
To amend Part 1 of Article 2 of Chapter 4 of Title 12 of the Official
Code of Georgia Annotated, relating to the reward to the first person,
firm, or corporation which puts down and brings in the first commer-
cial oil well in this state, so as to change the provisions relating to the
determination as to whether such well is producing the required
amount of oil per day; to provide for a statement of intent; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
515
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement the provi-
sions of Article III, Section VI, Paragraph VI of the Constitution of
the State of Georgia.
Section 2. Part 1 of Article 2 of Chapter 4 of Title 12 of the
Official Code of Georgia Annotated, relating to the reward to the first
person, firm, or corporation which puts down and brings in the first
commercial oil well in this state, is amended by striking Code Section
12-4-20, relating to the amount of the reward and eligibility for the
reward, in its entirety and inserting in lieu thereof a new Code Section
12-4-20 to read as follows:
12-4-20. There shall be paid the sum of $250,000.00 to the first
person, firm, or corporation, or combination thereof, which puts down
and brings in the first commercial oil well in this state, provided that
such well must produce at least 100 barrels of oil per day. The
determination as to whether such well is producing this amount is
vested in the commissioner of natural resources.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
RESOURCE RECOVERY DEVELOPMENT AUTHORITIES
LAW DEFINITIONS APPLICABILITY.
Code Title 36, Chapter 63 Amended.
No. 230 (House Bill No. 109).
AN ACT
To amend Chapter 63 of Title 36 of the Official Code of Georgia
Annotated, the Resource Recovery Development Authorities Law,
516
GENERAL ACTS AND RESOLUTIONS, VOL. I
so as to change the purpose and definitions so as to provide for
applicability to certain renewable energy resources; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 63 of Title 36 of the Official Code of Georgia
Annotated, the Resource Recovery Development Authorities Law,
is amended by striking Code Section 36-63-2, relating to the purpose
of the chapter, which reads as follows:
36-63-2. The recovery and utilization of resources contained in
sewage sludge and solid waste promotes trade, commerce, industry,
and employment opportunities by creating a new industry to recover
and utilize such resources and by creating a climate highly favorable
to the location of other new industrial facilities in areas where such
resources are recovered by providing an additional source of energy
production and a method of processing and disposing of industrially
generated sewage sludge and solid waste in an efficient and environ-
mentally sound manner. It is therefore in the public interest and is
vital to the public welfare of the people of this state, and it is declared
to be the purpose of this chapter, to create resource recovery develop-
ment authorities to recover and utilize resources contained in sewage
sludge and solid waste.,
and inserting in lieu thereof a new Code Section 36-63-2 to read as
follows:
36-63-2. The recovery and utilization of resources contained in
sewage sludge and solid waste and the generation of electrical and
other forms of energy from water resources promotes trade, com-
merce, industry, and employment opportunities by creating a new
industry to recover and utilize such resources and by creating a
climate highly favorable to the location of new industrial facilities in
areas where such resources are recovered or available by providing
additional sources of energy and a method of processing and dispo-
sing of sewage and solid waste in an efficient and environmentally
sound manner. It is therefore in the public interest and is vital to the
public welfare of the people of the State of Georgia, and it is declared
to be the purpose of this chapter, to create resource recovery develop-
ment authorities to recover and utilize resources contained in sewage
sludge, solid waste, and water resources.
GEORGIA LAWS 1983 SESSION
517
Section 2. Said chapter is further amended by striking from
Code Section 36-63-4, relating to definitions, paragraphs (7) and (8),
which read as follows:
(7) Project means the collection and transportation of solid
waste and the transportation of sewage sludge and also means any
property, real or personal, used as or in connection with a facility for
the extraction, collection, storage, treatment, processing, utilization,
or final disposal of resources contained in sewage sludge or solid
waste, including the conversion of sewage sludge, solid waste, or
resources contained therein into steam, electricity, oil, charcoal, gas,
or any other product or energy source and the collection, storage,
treatment, utilization, processing, or final disposal of sewage sludge
and solid waste in connection with the foregoing.
(8) Resources means any natural or synthetic substance con-
tained in sewage sludge or solid waste which can be processed and
reused in the same or a different form or which can be converted into
usable energy.,
and inserting in lieu thereof new paragraphs (7) and (8) to read as
follows:
(7) Project means:
(A) The collection and transportation of solid waste and
sewage sludge and it shall also mean any property, real or per-
sonal, used as or in connection with a facility for the extraction,
collection, storage, treatment, processing, utilization, or final dis-
posal of resources contained in sewage sludge or solid waste,
including the conversion of sewage sludge, solid waste, or
resources contained therein into steam, electricity, oil, charcoal,
gas, or any other product or energy source and the collection,
storage, treatment, utilization, processing, or final disposal of
sewage sludge and solid waste in connection with the foregoing;
and
(B) Any property, real or personal, used as or in connection
with a facility for the extraction, collection, storage, treatment,
processing, or utilization of water resources and the conversion of
such resources into any useful form of energy.
518
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Resources means any natural or synthetic substance con-
tained in sewage sludge or solid waste which can be processed and
reused in the same or a different form or which can be converted into
usable energy and water resources which can be used as energy or
converted into usable energy.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
CRIMINAL JUSTICE COORDINATING COUNCIL U-:
ADDITIONAL MEMBERS, ETC.
Code Title 35, Chapter 6A Amended.
No. 231 (House Bill No. 133).
AN ACT
To amend Chapter 6A of Title 35 of the Official Code of Georgia
Annotated, relating to the Criminal Justice Coordinating Council, so
as to provide for three additional members on the council; to repeal
the automatic repealer so as to continue the council beyond July 1,
1983; 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 6A of Title 35 of the Official Code of Georgia
Annotated, relating to the Criminal Justice Coordinating Council, is
amended by striking Code Section 35-6A-3, relating to the member-
ship of the Criminal Justice Coordinating Council, in its entirety and
substituting in lieu thereof a new Code Section 35-6A-3 to read as
follows:
GEORGIA LAWS 1983 SESSION
519
35-6A-3. (a) The Criminal Justice Coordinating Council shall
consist of 19 members and shall be composed as follows:
(1) The chairman of the Georgia Peace Officer Standards
and Training Council, the chairman of the Georgia Organized
Crime Prevention Council, the chairman of the Judicial Council of
Georgia, the chairman of the Prosecuting Attorneys Council, the
Commissioner of the Department of Offender Rehabilitation, the
chairman of the Board of Offender Rehabilitation, the vice-
chairman of the Board of Public Safety, the chairman of the State
Board of Pardons and Paroles, the commissioner of community
affairs, the president of the Council of Juvenile Court Judges, and
the director of the Division of Youth Services of the Department
of Human Resources shall be ex officio members of the council, as
full voting members of the council by reason of their office;
(2) Eight members shall be appointed by the Governor for
terms of four years, their initial appointments, however, being two
for four-year terms, two for three-year terms, and four for two-
year terms. Appointments shall be made so that there are always
on the council the following persons: one county sheriff, one chief
of police, one mayor, one county commissioner, and four individ-
uals who shall be, by virtue of their training or experience,
knowledgeable in the operations of the criminal justice system of
this state. No person shall serve beyond the time he or she holds
the office or employment by reason of which he or she was initially
eligible for appointment.
(b) In the event of death, resignation, disqualification, or
removal for any reason of any member of the council, vacancies shall
be filled in the same manner as the original appointment and succes-
sors shall serve for the unexpired term.
(c) The initial terms for all members shall begin July 1,1981.
(d) Membership on the council does not constitute public office
and no member shall be disqualified from holding public office by
reason of his membership.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 35-6A-10, which reads as follows:
520
GENERAL ACTS AND RESOLUTIONS, VOL. I
35-6A-10. This chapter shall be repealed effective July 1,
1983.
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 15,1983.
PURCHASES WITHOUT COMPETITIVE BIDDING
DOLLAR LIMITS CHANGED AS TO CERTAIN
STATE AGENCIES.
Code Section 50-5-69 Amended.
No, 232 (House Bill No. 134).
AN ACT
To amend Code Section 50-5-69 of the Official Code of Georgia
Annotated, relating to purchases without competitive bidding, so as
to change the dollar limit on certain purchases made by state depart-
ments, agencies, and instrumentalities without competitive bidding;
to 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 50-5-69 of the Official Code of Georgia
Annotated, relating to purchases without competitive bidding, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 50-5-69 to read as follows:
GEORGIA LAWS 1983 SESSION
521
50-5-69. If the needed supplies, materials, or equipment can
reasonably be expected to be acquired for less than $500.00 and are
not available on state contracts, the purchase may be effectuated
without competitive bidding. The commissioner of administrative
services may by rule and regulation authorize the various state
departments, agencies, and instrumentalities to make purchases in
their behalf which do not exceed $5,000.00 and may provide the
circumstances and conditions under which such purchases may be
effected.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
FAMILY VIOLENCE SHELTERS LICENSING, ETC.
Code Title 19, Chapter 13 Amended.
No. 233 (House Bill No. 142).
AN ACT
To amend Article 2 of Chapter 13 of Title 19 of the Official Code of
Georgia Annotated, relating to family violence shelters, so as to
provide that family violence shelters shall be licensed as family
violence shelters rather than as personal care homes; to provide for
the establishment, certification, and funding of other family violence
programs; to exempt from licensure facilities which do not receive
state funds; to delete provisions for admission of juveniles in a certain
manner; to provide for all related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 13 of Title 19 of the Official Code
of Georgia Annotated, relating to family violence shelters, is amended
by striking paragraph (4) of Code Section 19-13-20, relating to
definitions, and inserting new paragraphs (4) and (5) of Code Section
19-13-20 to read as follows:
(4) Family violence program means any program certified by
the department which provides services to victims of family violence.
A family violence program may be but is not required to be associated
with a family violence shelter.
(5) Family violence shelter means a facility certified by the
department for the purpose of receiving, on a temporary basis,
persons who are subject to family violence. Family violence shelters
are distinguished from shelters operated for detention or placement
of children only, as provided in subsection (a) of Code Section 15-11-
20.
Section 2. Said article is further amended by striking paragraph
(5) of subsection (a) of Code Section 19-13-21, relating to powers and
duties of the Department of Human Resources with respect to family
violence, and inserting in its place a new paragraph to read as follows:
(5) To fund other family violence programs as funds become
available, provided that such programs meet standards established by
the department; and.
Section 3. Said article is further amended by striking paragraph
(4) of subsection (a) of Code Section 19-13-22, relating to certification
and funding of family violence shelters, and inserting in its place a
new paragraph to read as follows:
(4) Be licensed as a family violence shelter in accordance with
rules and regulations of the department; provided, however, that
facilities not receiving state funds shall not be required to be
licensed.
Section 4. Said article is further amended by striking subsection
(d) of said Code Section 19-13-22 and inserting in its place a new
subsection to read as follows:
GEORGIA LAWS 1983 SESSION
523
(d) Family violence shelters and family violence programs may
be established throughout the state as private, local, state, or federal
funds are available.
Section 5. Said article is further amended by striking subsection
(e) of said Code Section 19-13-22 and inserting in its place a new
subsection to read as follows:
(e) The family violence shelters shall establish procedures pur-
suant to which persons subject to family violence may seek admission
to these shelters on a voluntary basis.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
PARDONS AND PAROLES LIMITATION ON
GRANT IN CERTAIN CASES.
Code Section 42-9-39 Amended.
No. 234 (Senate Bill No. 5).
AN ACT
To amend Article 2 of Chapter 9 of Title 42 of the Official Code of
Georgia Annotated, relating to grants of pardons, paroles, and other
relief, so as to provide limitations on the authority of the State Board
of Pardons and Paroles to grant pardons or paroles to persons
convicted of murder who in previous incarcerations have been sen-
tenced to life imprisonment; to provide limitations on the authority of
the State Board of Pardons and Paroles to grant pardons and paroles
524
GENERAL ACTS AND RESOLUTIONS, VOL. I
to persons incarcerated for consecutive life sentences as the result of
offenses occurring during the same series of acts when one of the
consecutive life sentences is for murder; 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. Article 2 of Chapter 9 of Title 42 of the Official Code
of Georgia Annotated, relating to grants of pardons, paroles, and
other relief, is amended by adding at the beginning of said Article 2,
immediately preceding Code Section 42-9-40, a new Code Section 42-
9-39 to read as follows:
42-9-39. (a) The provisions of this Code section shall be bind-
ing upon the board in granting pardons and paroles, notwithstanding
any other provisions of this article or any other law relating to the
powers of the board.
(b) When a person is convicted of murder and sentenced to life
imprisonment and such person has previously been incarcerated
under a life sentence, such person shall serve at least 25 years in the
penitentiary before being granted a pardon and before becoming
eligible for parole.
(c) When a person receives consecutive life sentences as the
result of offenses occurring in the same series of acts and any one of
the life sentences is imposed for the crime of murder, such person
shall serve consecutive ten-year periods for each such sentence, up to
a maximum of 30 years, before being eligible for parole consideration.
(d) Any other provisions of this Code section to the contrary
notwithstanding, the board shall have the authority to pardon any
person convicted of a crime who is subsequently determined to be
innocent of said crime.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
525
AUTHENTICATION OF WRITINGS AS EVIDENCE
WRITINGS WHICH MAY BE RECEIVED AND PERSONS
WHO MAY AUTHENTICATE SAME.
Code Section 24-7-9 Amended.
No. 235 (Senate Bill No. 11).
AN ACT
To amend Article 1 of Chapter 7 of Title 24 of the Official Code of
Georgia Annotated, relating to authentication of writings as evidence,
so as to expand the type of medical bills which may be identified in
evidence by a patient, a member of the patients family, or other
responsible person; to include bills of dentists, chiropractors,
orthotists, and applied psychologists; to provide for all related mat-
ters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 7 of Title 24 of the Official Code
of Georgia Annotated, relating to authentication of writings as evi-
dence, is amended by striking Code Section 24-7-9, relating to identi-
fication of medical bills, and inserting in its place a new Code section
to read as follows:
24-7-9. (a) Upon the trial of any civil case involving injury or
disease, the patient or the member of his family or other person
responsible for the care of the patient shall be a competent witness to
identify bills for expenses incurred in the treatment of the patient
upon a showing by such witness that the expenses were incurred in
connection with the treatment of the injury, disease, or disability
involved in the subject of litigation at trial and that the bills were
received from:
(1) A hospital;
(2) An ambulance service;
(3) A pharmacy, drugstore, or supplier of therapeutic or
orthopedic devices; or
526
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) A licensed practicing physician, chiropractor, dentist,
orthotist, podiatrist, or applied psychologist.
(b) Such items of evidence need not be identified by the one who
submits the bill, and it shall not be necessary for an expert witness to
testify that the charges were reasonable and necessary. However,
nothing in this Code section shall be construed to limit the right of a
thorough and sifting cross-examination as to such items of evidence.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
STATE REVENUE COMMISSIONER AND DEPUTY
STATE REVENUE COMMISSIONER
QUALIFICATIONS FOR OFFICE.
Code Title 48, Chapter 2 Amended.
No. 236 (Senate Bill No. 89).
AN ACT
To amend Article 1 of Chapter 2 of Title 48 of the Official Code of
Georgia Annotated, relating to state administrative organization,
administration, and enforcement of the revenue laws, so as to change
the qualifications for the office of state revenue commissioner and
deputy state revenue commissioner by removing certain restrictions;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1983 SESSION
527
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 2 of Title 48 of the Official Code
of Georgia Annotated, relating to state administrative organization,
administration, and enforcement of the revenue laws, is amended by
striking in its entirety Code Section 48-2-3, which reads as follows:
48-2-3. (a) No member of the General Assembly shall be
eligible for appointment either to the office of the commissioner or to
any other position in the department.
(b) No person shall be appointed to the office of the commis-
sioner who has held any elective office during the 12 months immedi-
ately preceding such appointment.,
and inserting in lieu thereof the following:
48-2-3. Reserved.
Section 2. Said article is further amended by striking in its
entirety subsection (b) of Code Section 48-2-5, relating to the deputy
state revenue commissioner, and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) The deputy commissioner shall be appointed by the com-
missioner. He shall hold office at the pleasure of the commissioner
and shall not be subject to the State Merit System. The deputy
commissioner shall take the oath of office of the commissioner as
provided in subsection (d) of Code Section 48-2-2.
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 15,1983.
528
GENERAL ACTS AND RESOLUTIONS, VOL. I
OFFENSES AGAINST PUBLIC ORDER AND SAFETY
INJURY TO A POLICE DOG.
Code Section 16-11-107 Enacted.
No. 237 (Senate Bill No. 13).
AN ACT
To amend Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against public order and safety, so as
to make it unlawful knowingly and intentionally to destroy or cause
serious or debilitating physical injury to a police dog; to define certain
terms; to provide penalties; to provide a certain exception; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against public order and safety, is
amended by adding at the end of Part 1 of Article 4 a new Code
section, to be designated Code Section 16-11-107, to read as follows:
16-11-107. (a) As used in this Code section, the term:
(1) Bomb detection dog means a dog trained to locate
bombs or explosives by scent.
(2) Firearms detection dog means a dog trained to locate
firearms by scent.
(3) Narcotic detection dog means a dog trained to locate
narcotics by scent.
(4) Narcotics means any controlled substance as defined in
paragraph (4) of Code Section 16-13-21 and shall include mari-
juana as defined by paragraph (16) of Code Section 16-13-21.
(5) Patrol dog means a dog trained to protect a peace
officer and to apprehend or hold without excessive force a person
in violation of the criminal statutes of this state.
GEORGIA LAWS 1983 SESSION
529
(6) Police dog means a bomb detection dog, a firearms
detection dog, a narcotic detection dog, a patrol dog, or a tracking
dog used by a law enforcement agency.
(7) Tracking dog means a dog trained to track and find a
missing person, escaped inmate, or fleeing felon.
(b) Any person who knowingly and intentionally destroys or
causes serious or debilitating physical injury to a police dog, knowing
said dog to be a police dog, shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less
than one nor more than five years, or a fine not to exceed $10,000.00,
or both. This subsection shall not apply to the destruction of a police
dog for humane purposes.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
MOTOR COMMON CARRIERS GROUNDS FOR
SUSPENSION OR CANCELLATION OF OPERATING
AUTHORITY.
Code Title 46, Chapter 7 Amended.
No. 238 (Senate Bill No. 83).
AN ACT
To amend Chapter 7 of Title 46 of the Official Code of Georgia
Annotated, relating to motor carriers, so as to change the provisions
relating to the authority of the commission to prescribe reasonable
530
GENERAL ACTS AND RESOLUTIONS, VOL. I
rates, fares, and charges for motor common carriers and motor
contract carriers; to provide that the failure on the part of any motor
common carrier to comply with Code Section 46-7-18 or the rules and
regulations promulgated thereunder may result in suspension or
cancellation of said carriers operating authority; to provide that the
failure on the part of any motor contract carrier to comply with Code
Section 46-7-63 or the rules and regulations promulgated thereunder
may result in suspension or cancellation of said carriers operating
authority; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 46 of the Official Code of Georgia
Annotated, relating to motor carriers, is amended by striking in its
entirety Code Section 46-7-18, relating to authority of commission to
prescribe reasonable rates, fares, and charges for motor common
carriers, and inserting in lieu thereof a new Code Section 46-7-18 to
read as follows:
46-7-18. The commission shall prescribe just and reasonable
rates, fares, and charges for transportation by motor common carriers
of passengers, baggage, and property and for all services rendered by
motor common carriers in connection therewith. The tariffs therefor
shall be in such form and shall be filed and published in such manner
and on such notice as the commission may prescribe. Such tariffs
shall also be subject to change on such notice and in such manner as
the commission may prescribe. In order to carry out the purposes of
this Code section, including the publication and maintenance of just,
reasonable, and nondiscriminatory rates and charges, the commission
shall establish a collective rate-making procedure for all trans-
portation for which it has heretofore prescribed rates. Failure on the
part of any motor common carrier to comply with this Code section or
the rules and regulations promulgated under this Code section may
result in suspension or cancellation of said carriers operating author-
ity by the commission.
Section 2. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 46-7-63, relating to authority
of commission to prescribe reasonable rates, fares, and charges for
motor contract carriers, and inserting in lieu thereof a new subsection
(b) to read as follows:
GEORGIA LAWS 1983 SESSION
531
(b) In order to carry out the purposes of this Code section,
including the publication and maintenance of just, reasonable, and
nondiscriminatory rates and charges, the commission shall establish a
collective rate-making procedure for all transportation for which it
has heretofore prescribed rates. Failure on the part of any motor
contract carrier to comply with this Code section or the rules and
regulations promulgated under this Code section may result in sus-
pension or cancellation of said carriers operating authority by the
commission.
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 15,1983.
COURTS OF RECORD USE OF LETTER-SIZE
PAPER IN PLEADINGS.
Code Section 15-5-40 Enacted.
No. 239 (Senate Bill No. 84).
AN ACT
To amend Chapter 5 of Title 15 of the Official Code of Georgia
Annotated, relating to administration of courts of record, so as to
provide that any pleadings or other documents filed in any court of
record may be prepared on letter-size paper; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
532
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 5 of Title 15 of the Official Code of Georgia
Annotated, relating to administration of courts of record, is amended
by adding a new Article 3, relating to pleadings and documents, to
read as follows:
ARTICLE 3
15-5-40. Any pleading or other document filed in any court of
record may be prepared on letter-size paper; and no clerk of any court
of record shall refuse to accept for filing any pleading or other
document for the reason that it is on letter-size paper.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
BANKS AND BANKING RESTRICTIONS ON
DEALING WITH REGULATED BANKS REMOVED
AS TO EMPLOYEES, ETC.
Code Section 7-1-37 Amended.
No. 240 (Senate Bill No. 161).
AN ACT
To amend Code Section 7-1-37 of the Official Code of Georgia
Annotated, relating to restrictions on the commissioner, officials, and
examiners and penalties for violations, so as to provide that the
restrictions applicable to certain prohibited financial transactions
shall only apply to the commissioner, the statutory deputy commis-
sioner, and professional examining personnel; to redefine the term
financial institution to include bank holding companies and their
nonbanking subsidiaries; to extend the exceptions to restricted finan-
cial transactions to state-chartered banks located outside the State of
GEORGIA LAWS 1983 SESSION
533
Georgia; to clarify the provisions relating to noncredit banking ser-
vices; to authorize personnel of the department other than the
commissioner and the statutory deputy commissioner to borrow from
national banks which are subsidiaries of Georgia bank holding com-
panies; to change the reporting requirements; to permit certain credit
card obligations to any financial institution and loans secured by
deposits by personnel of the department; to provide that personnel of
the department dealing with bank officials in the ordinary course of
business upon nonpreferential terms through nonbanking interests
shall not be subject to restrictions; to authorize the commissioner to
adopt internal rules and policies governing ethical conduct and
conflicts of interest on the part of employees of the department; to
provide for other matters relative to the foregoing; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. Code Section 7-1-37 of the Official Code of Georgia
Annotated, relating to restrictions on the commissioner, officials, and
examiners and penalties for violations, is amended by striking said
Code section in its entirety and substituting in lieu thereof a new
Code Section 7-1-37 to read as follows:
7-1-37. (a) Except as provided in subsections (c) and (d) of
this Code section, neither the commissioner, any deputy commis-
sioner, nor any examiner employed by the department shall directly
or indirectly:
(1) Receive any money or property as a loan, gift, or other-
wise from or become indebted to any financial institution or from
or to any director, officer, agent, employee, attorney, or subsidiary
of a financial institution;
(2) Own any share in or securities of a financial institution
or otherwise have an ownership interest in a financial institution;
or
(3) Engage in the business of a financial institution.
(b) For purposes of subsection (a), the term financial institu-
tion shall include a bank holding company and any subsidiary of a
bank holding company.
534
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The commissioner, any deputy commissioner, and examiners
employed by the department may borrow money from and otherwise
deal with any financial institution or subsidiary thereof existing
under the laws of the United States or of any state other than this
state, provided said financial institution or subsidiary is not exam-
ined or regulated by the department or, as to the commissioner and
the statutory deputy commissioner required under the provisions of
Code Section 7-1-35, owned or controlled by another bank or corpora-
tion which is or may be examined or regulated by the department.
When such financial institution is domiciled within this state, all
undertakings, including but not limited to such loans, which obligate
the commissioner or any deputy commissioner to such a financial
institution or subsidiary, directly or contingently by way of guaranty,
endorsement, or otherwise, or which renew or modify existing obliga-
tions shall be reported by the individual concerned to the Attorney
General in writing, within ten days after the execution thereof,
showing the nature of the undertaking and the amount and terms of
the loan or other transaction. All undertakings of a similar nature to
those set forth above on the part of any examiner shall be reported to
the commissioner within ten days after the execution thereof.
(d) Nothing in this Code section shall prohibit the commis-
sioner, any deputy commissioner, or any examiner of the department
from maintaining a deposit in any financial institution, purchasing
banking services other than credit services, or owning a single share in
a credit union in the ordinary course of business and under rates and
terms generally available to other customers of the financial institu-
tion. The provisions of this Code section shall not be applicable in the
cases of a lender credit card obligation to a financial institution where
the maximum outstanding credit may not exceed $5,000.00 nor to any
other credit obligation fully secured by the pledge of a deposit
account in the lending institution where the rates and terms of such
obligations are not preferential in comparison to similar obligations of
the financial institutions other customers. Such exempt obligations
shall, however, be reported as provided in subsection (c).
(e) No director, officer, agent, employee, or attorney of a finan-
cial institution, individually or in his official capacity, shall knowingly
participate in a violation of this Code section. However, nothing in
this Code section shall restrict the right of the commissioner, any
deputy commissioner, or any examiner to deal as any other consumer
with such director, officer, agent, employee, or attorney in the ordi-
nary course of business in consumer areas of trade or commerce not
GEORGIA LAWS 1983 SESSION
535
regulated by the department and under terms and conditions which
are not preferential.
(f) Any commissioner, deputy commissioner, or examiner
employed by the department who shall violate or participate in a
violation of this Code section shall be guilty of a misdemeanor.
Violation of this Code section shall be grounds for removal from
office.
(g) The commissioner may adopt additional supplementary
administrative rules governing ethical conduct and conflicts of inter-
est on the part of employees of the department.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
ELECTIONS TIME FOR QUALIFYING WITH
PARTY OR AS INDEPENDENT CANDIDATE.
Code Title 21, Chapters 2 and 3 Amended.
No. 241 (Senate Bill No. 171).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide additional restrictions relative to
qualifying with a political party or as an independent candidate for
public office; to provide that candidates nominated by nomination
petition shall file their notices of candidacy by not later than the last
date for filing for party nomination or for filing for nonpartisan
536
GENERAL ACTS AND RESOLUTIONS, VOL. I
nomination in the case of nonpartisan primaries; 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. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking in its entirety Code
Section 21-2-137, relating to qualifying for nomination with a politi-
cal party, and substituting in lieu thereof a new Code Section 21-2-
137 to read as follows:
21-2-137. No person shall qualify with any political party as a
candidate for nomination to any public office when such person has
qualified for the same primary with another political party as a
candidate for nomination by that party for any public office; nor shall
a state executive committee or county executive committee of any
political party certify any person as the candidate of that party when
such person has previously qualified as a candidate for nomination for
any public office for the same primary with another political party.
No person shall file a notice of candidacy as an independent or
political body candidate for any public office when such person has
qualified for the same office to be filled at the same election with any
political party; nor shall any person qualify with any political party
when such person has filed a notice of candidacy as an independent or
political body candidate for the same office to be filled at the same
election.
Section 2. Said title is further amended by striking in its entirety
subsection (a) of Code Section 21-3-91, relating to filing notices of
candidacy under the Georgia Municipal Election Code, and substi-
tuting in lieu thereof a new subsection (a) to read as follows:
(a) Each candidate, except a candidate nominated by nomina-
tion petition provided for in subsection (f) of this Code section, or his
designee shall file notice of his candidacy in the office of the munici-
pal superintendent of his municipality 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
GEORGIA LAWS 1983 SESSION
537
designee shall file notice of his candidacy with the municipal superin-
tendent within three days after the holding of such primary, irrespec-
tive 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 author-
ity in a newspaper of general circulation in the municipality at least
ten days and not more than 30 days prior to the first date for
qualifying.
Section 3. Said title is further amended by striking in its entirety
subsection (f) of said Code Section 21-3-91, which reads as follows:
(f) Candidates not having been nominated in a party primary
may also be required to accompany notice of candidacy with a
nominating petition if the municipalitys charter or ordinance so
requires.,
and substituting in lieu thereof a new subsection (f) to read as follows:
(f) In the case of candidates nominated by nomination petition
pursuant to Code Section 21-3-100, the last date for filing notice of
candidacy shall be the same as the last date for filing for party
nomination as provided in subsection (a) of Code Section 21-3-98, or,
in the event a nonpartisan primary election is held, the last date for
filing notice of candidacy by nomination petition shall be the same as
the last date for filing notice of candidacy for the nonpartisan primary
as provided in Code Section 21-3-103. A notice of candidacy by a
nominating petition shall be accompanied by the nominating peti-
tion.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
538
GENERAL ACTS AND RESOLUTIONS, VOL. I
DELEGATION OF AUTHORITY BY REGIONAL YOUTH
SERVICES DIRECTOR IN COMMITMENT OF
DELINQUENT CHILDREN.
Code Section 49-5-10 Amended.
No. 242 (Senate Bill No. 178).
AN ACT
To amend Code Section 49-5-10 of the Official Code of Georgia
Annotated, relating to the commitment of delinquent or unruly
children to the Department of Human Resources, so as to provide
that the regional Youth Services Division program director may
delegate responsibility to a designee for determining whether child-
ren who have been committed to the Department of Human
Resources and who have violated the conditions of supervision should
be apprehended; to 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 49-5-10 of the Official Code of Georgia
Annotated, relating to the commitment of delinquent or unruly
children to the Department of Human Resources, is amended by
striking in its entirety paragraph (1) of subsection (i) and inserting in
lieu thereof a new paragraph (1) to read as follows:
(1) A child who has been committed to the department as a
delinquent or unruly child and placed by it in any institution or
facility or who has been otherwise taken into custody and who has
escaped therefrom or who has been placed under supervision and
broken the conditions thereof may be taken into custody without a
warrant by a sheriff, deputy sheriff, constable, police officer, proba-
tion officer, parole officer, or any other officer of this state authorized
to serve criminal process, upon a written request made by an
employee of the department having knowledge of the escape or of the
violation of conditions of supervision. Before a child may be taken
into custody for violation of the conditions of supervision, the written
request mentioned above must be reviewed by the Youth Services
Division program director for that particular region or his designee. If
GEORGIA LAWS 1983 SESSION
539
the program director or his designee finds that probable cause exists
to believe that the child has violated his conditions of supervision, he
may issue an order directing that the child be picked up and returned
to custody.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
DELINQUENT CHILDREN ORDERS FOR
RESTITUTION IN JUVENILE PROCEEDINGS, ETC.
Code Section 15-11-35 Amended.
Code Section 49-5-10 Amended.
Georgia Laws 1982, Page 2199 Repealed.
No. 243 (Senate Bill No. 180).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile proceedings, so as to provide that the
juvenile court may make an order requiring a child to pay restitution
for damages resulting from delinquent behavior; to provide that a
restitution order may remain in force and effect simultaneously with
other orders; to provide that enforcement of such restitution orders
may be transferred to the Division of Youth Services in certain
instances; to provide that enforcement of such orders may be trans-
ferred to other juvenile courts in some instances; to provide that
payment of funds so ordered shall be paid to the clerk of the court,
who shall be responsible for proper disbursement thereof; to provide
that the court may suspend the drivers license of a child who commits
540
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 amend Code Section 49-5-10 of the Official Code of
Georgia Annotated, relating to commitment of delinquent or unruly
children to the Department of Human Resources, so as to provide
that restitution orders shall remain in force and effect with respect to
children committed to the Division of Youth Services with the
Department of Human Resources; to provide for the payment of
funds or notification of service completed with respect to cases
involving restitution; to repeal a specific section of another Act; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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 15-11-35, relating to the disposition of a
delinquent child, 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:
(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;
GEORGIA LAWS 1983 SESSION
541
(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;
(4) An order committing the child to the Department of
Human Resources; or
(5) An order requiring that the child make such restitution
as defined in paragraph (7) of Code Section 17-14-2. Such order
may remain in force and effect simultaneously with any other
order of the court, including, but not limited to, an order of
commitment to the Division of Youth Services. While an order
requiring restitution is in effect, the enforcement thereof may be
transferred to the Division of Youth Services. In the event that the
child changes his place of residence while the order is still in effect,
the court may transfer enforcement of its order to the juvenile
court of the county of the childs residence and its probation staff;
however, no order of restitution shall be enforced while such child
is in placement at a youth development center unless the director
of the Division of Youth Services certifies that a restitution
program is available at such facility. Payment of funds under this
paragraph shall be made by the child or his or her family or
employer directly to the clerk of the juvenile court entering the
order or another employee of that court designated by the judge,
and that court shall disburse such funds in the manner authorized
in the order.
(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 2. Code Section 49-5-10 of the Official C<5de of Georgia
Annotated, relating to commitment of delinquent or unruly children
to the Department of Human Resources, is amended by adding at the
end thereof a new subsection, to be designated subsection (p), to read
as follows:
542
GENERAL ACTS AND RESOLUTIONS, VOL. I
(p) When a child who is committed to the division is under
court order to make certain restitution as a part of his treatment by
the court, the requirement that the restitution be paid in full shall not
cease with the order of commitment. The provision of the order
requiring restitution shall remain in force and effect during the
period of commitment and the division is empowered to enforce said
restitution requirement and to direct that payment of funds or
notification of service completed be made to the clerk of the juvenile
court or another employee of that court designated by the judge.
Section 3. Section 3 of an Act entitled 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 qualifica-
tions 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., approved April 22,
1982 (Ga. L. 1982, p. 2199), which Section 3 reads as follows:
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:
T5-11-35. (a) At the conclusion of the adjudicatory hear-
ing, if the child is found to have committed a delinquent act and is
subsequently determined to be in need of treatment or rehabilita-
tion, the court may make any of the following orders of disposition
best suited to his treatment, rehabilitation, and welfare:
(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
conditions and limitations the court prescribes, under the
supervision of:
GEORGIA LAWS 1983 SESSION
543
(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
rehabilitation center acknowledging in writing his will-
ingness 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.,
is repealed in its entirety.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
544
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROBATE JUDGES PROCEEDINGS WHEN
DISQUALIFIED TO ACT % SUCCESSION BY
CHIEF DEPUTY CLERK IN CERTAIN COUNTIES
(550,000 OR MORE).
Code Title 15, Chapter 9 Amended.
No. 244 (Senate Bill No. 249).
AN ACT
To amend Code Section 15-9-13 of the Official Code of Georgia
Annotated, relating to proceedings when a probate judge is disquali-
fied or unable to act, so as to provide that any probate judge may
appoint an attorney to act in place of the judge; to amend Code
Section 15-9-2, relating to eligibility and disabilitites of probate
judges, so as to change the eligibility requirements of probate judges
in certain counties 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. Code Section 15-9-13 of the Official Code of Georgia
Annotated, relating to proceedings when a probate judge is disquali-
fied or unable to act, is amended by striking subsection (a) and
inserting in its place a new subsection (a) to read as follows:
(a) Whenever a judge of the probate court is disqualified to act
in any case or because of sickness, absence, or any other reason is
unable to act in any case, the judge of the probate court may appoint
an attorney at law who is a member of tbe State Bar of Georgia to
exercise the jurisdiction of the probate court. If the judge of the
probate court does not so appoint, the judge of the city, state, or the
county court, as the case may be, shall exercise all the jurisdiction of
the judge of the probate court in the case. If, however, the inability of
the probate judge to act arises from any unlawful act or the accusation
of an unlawful act on the part of the probate judge, the probate judge
may not appoint an attorney and only another judge shall exercise the
jurisdiction of the probate court.
Section 2. Code Section 15-9-2, relating to eligibility and disa-
bility of probate judges, is amended by adding a new subsection (c) to
read as follows:
GEORGIA LAWS 1983 SESSION
545
(c) In all counties of this state which have a population of
550,000 or more according to the United States decennial census of
1980 or any future such census a chief deputy clerk of the probate
court having served as chief deputy clerk for more than two years
shall be eligible to fill a vacancy in the office of probate judge for the
remainder of the unexpired term without regard to whether such
chief deputy clerk meets any residency requirements otherwise
imposed by law if the chief deputy clerk becomes a resident of the
county before taking office as probate judge. Any probate judge
taking office as authorized by the preceding sentence shall thereafter
be eligible to succeed himself or herself so long as he or she remains a
resident of the county.
Section 3. Section 2 of this Act shall become effective July 1,
1983, and all other provisions of this Act shall become effective upon
its approval by the Governor or upon its becoming law without his
approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
MUNICIPALITIES POWER OF ANNEXATION
RESTRICTED.
Code Section 36-35-2 Amended.
No. 245 (House Bill No. 555).
AN ACT
To amend Code Section 36-35-2 of the Official Code of Georgia
Annotated, relating to changes of municipal boundaries, so as to
prohibit local annexation of certain property for a period of five years;
to repeal conflicting laws; and for other purposes.
546
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 36-35-2 of the Official Code of Georgia
Annotated, relating to changes of municipal boundaries, is amended
by striking said Code section in its entirety and inserting in lieu
thereof a new Code Section 36-35-2 to read as follows:
36-35-2. (a) No municipal corporation shall be incorporated,
dissolved, merged, or consolidated with any other municipal corpora-
tion, or have its municipal boundaries changed except by local Act of
the General Assembly or by such methods as may be provided by
general law.
(b) Whenever any local Act of the General Assembly deannexes
property lying within the boundaries of a municipal corporation, such
property shall not be subject to annexation under Chapter 36 of this
title for a period of five years from such deannexation.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
DEPARTMENT OF ADMINISTRATIVE SERVICES
COMMISSIONER AND ASSISTANTS RESTRICTIONS
ON ATTENDANCE AT SEMINARS,
LECTURES, ETC. REMOVED.
Code Section 50-5-78 Amended.
No. 246 (House Bill No. 608).
AN ACT
To amend Code Section 50-5-78 of the Official Code of Georgia
Annotated, providing that it shall be unlawful for the commissioner of
GEORGIA LAWS 1983 SESSION
547
the Department of Administrative Services or employees to have
financial interest in contracts or accept money or gifts, so as to make
provisions for the attendance at seminars, courses, lectures, briefings,
or similar functions; to change the penalty provisions; to provide for
matters relative thereto; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 50-5-78 of the Official Code of Georgia
Annotated, providing that it shall be unlawful for the commissioner of
the Department of Administrative Services or employees to have
financial interest in contracts or accept money or gifts, is amended by
striking said Code section in its entirety and inserting in lieu thereof a
new Code Section 50-5-78 to read as follows:
50-5-78. (a) Neither the commissioner of administrative ser-
vices, nor any assistant of his, nor any employee of the department
shall be financially interested or have any personal beneficial interest
either directly or indirectly in the purchase of or contract for any
materials, equipment, or supplies, nor in any such firm, corporation,
partnership, or association furnishing any such supplies, materials, or
equipment to the state government or any of its departments, institu-
tions, or agencies. Except as provided in subsection (b) of this Code
section, it shall be unlawful for the commissioner of administrative
services or any of his assistants or any employee of the department to
accept or receive, directly or indirectly, from any person, firm, or
corporation to whom any contract may be awarded any money or
anything of more than nominal value or any promise, obligation, or
contract for future reward or compensation.
(b) Nothing in this Code section shall preclude the commis-
sioner or any of his assistants or any employee of the department from
attending seminars, courses, lectures, briefings, or similar functions
at any manufacturers or vendors facility or at any other place if any
such seminar, course, lecture, briefing, or similar function is for the
purpose of furnishing the commissioner, assistant, or employee with
knowledge and information relative to the manufacturers or vendors
products or services and is one which the commissioner determines
would be of benefit to the department and to the state. In connection
with any such seminar, course, lecture, briefing, or similar function,
nothing in this Code section shall preclude the commissioner, assis-
tant, or employee from receiving meals from a manufacturer or
548
GENERAL ACTS AND RESOLUTIONS, VOL. I
vendor. Nothing in this Code section shall preclude the commis-
sioner, assistant, or employee from receiving educational materials
and business related items of not more than nominal value from a
manufacturer or vendor.
(c) Nothing contained in this Act shall permit the commissioner,
assistant, or employee to accept free travel from the manufacturer or
vendor outside the State of Georgia or free lodging in or out of the
State of Georgia.
(d) Any person who violates subsection (a) of this Code section
shall be guilty of a misdemeanor. Any person who violates subsection
(a) of this Code section shall be subject to being removed from office.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
HOSPITAL LIENS DEFINITIONS LIENS
FOR NURSING HOME CARE, ETC.
Code Section 44-14-470 Amended.
No. 247 (House Bill No. 551).
AN ACT
To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to hospital liens, so as to
provide for definitions; to provide for liens for nursing home care,
treatment, or services; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
549
Be it enacted by the General Assembly of Georgia:
Section 1. Part 8 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to hospital liens, is
amended by striking Code Section 44-14-470, relating to the creation
of hospital liens, and inserting in its place a new Code Section 44-14-
470 to read as follows:
44-14-470. (a) Except where the context otherwise requires in
subsection (b) of this Code section, as used in this part, the term:
(1) Hospital means any hospital or nursing home subject to
regulation and licensure by the Department of Human Resources.
(2) Hospital care, treatment, or services means care, treat-
ment, or services furnished by a hospital or nursing home.
(3) Nursing home means any intermediate care home,
skilled nursing home, or intermingled home.
(b) Any person, firm, hospital authority, or corporation oper-
ating a hospital or nursing home in this state shall have a lien for the
reasonable charges for hospital or nursing home care and treatment of
an injured person who enters the hospital or nursing home within one
week after receiving such injuries or who enters the nursing home
directly from a hospital having entered such hospital within one week
after receiving such injuries, which lien shall be upon any and all
causes of action accruing to the person to whom the care was
furnished or to the legal representative of such person on account of
injuries giving rise to the causes of action and which necessitated the
hospital or nursing home care, subject, however, to any attorneys
lien.
Section 2. This Act shall become effective upon its approval by
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 March 15,1983.
550
GENERAL ACTS AND RESOLUTIONS, VOL. I
USED CAR DEALERS LAW REGULATING
BUSINESS CHANGED.
Code Title 43, Chapter 47 Amended.
No. 248 (House Bill No. 568).
AN ACT
To amend Chapter 47 of Title 43 of the Official Code of Georgia
Annotated, relating to used car dealers, so as to revise the laws
regulating used car dealers; to change certain provisions relating to
definitions; to eliminate certain provisions relating to retroactive
payments by dealers; to change certain provisions relating to suspen-
sion or revocation of licenses; to change certain provisions relating to
injunctions; to require continuing education courses; to change cer-
tain provisions relating to requirement of a license; to provide for
acting upon applications; 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 47 of Title 43 of the Official Code of Georgia
Annotated, relating to used car dealers, is amended by striking in its
entirety Code Section 43-47-2, relating to definitions, and inserting in
lieu thereof a new Code Section 43-47-2 to read as follows:
43-47-2. As used in this chapter, the term:
(1) Board means the State Board of Registration of Used
Car Dealers.
(2) Established place of business means a salesroom or
sales office of a retail used car dealership, which salesroom or sales
office is located in a permanent building on an open lot, and which
is physically separated from any other business and is marked by
an appropriate sign, and at which a permanent business of barter-
ing, trading, and selling of used motor vehicles is carried on in
good faith. Used car dealers, wholesale and retail, shall keep and
maintain the books, records, and files necessary to conduct such
business. Each place of business of a used car dealer shall be
furnished with a working telephone for use in conducting the
business.
GEORGIA LAWS 1983 SESSION
551
(3) Motor vehicle or car means every vehicle which is self-
propelled and required to be registered under the laws of this
state, except trackless trolleys (which are classified as streetcars),
motorcycles, motor driven cycles, or go-carts.
(4) Person means any individual, partnership, firm, associ-
ation, corporation, or combination of individuals of whatever form
or character.
(5) Used motor vehicle or used car means any motor
vehicle or car other than a motor vehicle which has never been the
subject of a retail sale by a new motor vehicle dealer or a used
motor vehicle dealer to a consumer for his own use or for resale or
to other licensed dealers.
(6) (A) Used motor vehicle dealer or used car dealer
means any person who, for commission or with intent to make
a profit or gain of money or other thing of value, sells,
exchanges, rents with option to purchase, offers, or attempts
to negotiate a sale or exchange of an interest in used motor
vehicles or who is engaged wholly or in part in the business of
selling used motor vehicles, whether or not such motor
vehicles are owned by such person. The sale of seven or more
used motor vehicles in any one calendar year shall be prima-
facie evidence that a person is engaged in the business of
selling used motor vehicles.
(i) Retail used motor vehicle dealer or retail used
car dealer means any used motor vehicle dealer who is
engaged in the business of selling used motor vehicles to
consumers and other licensed dealers.
(ii) Wholesale used motor vehicle dealer or whole-
sale used car dealer means any used motor vehicle dealer
who is engaged in the business of selling used motor
vehicles solely to other licensed dealers.
(B) Used motor vehicle dealer or used car dealer does
not include:
(i) Franchised motor vehicle dealers and their
wholly owned and controlled subsidiaries operating in
the county in which their franchise is located or operat-
ing as a direct dealer of a manufacturer;
552
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) Receivers, trustees, administrators, executors,
guardians, or other persons appointed by or acting under
the judgment or order of any court;
(iii) Public officers while performing their official
duties;
(iv) Persons disposing of motor vehicles acquired
for their own use when the same shall have been acquired
and used in good faith and not for the purpose of avoid-
ing, the provisions of this chapter. Proof of good faith, as
provided in this division, shall consist of the fact that the
vehicle is properly titled and registered in the name of
the transferor;
(v) Finance companies, banking institutions, and
subsidiaries of a finance company or banking institution
when the company, institution, or subsidiary sells its
repossessed or leased motor vehicles. A subsidiary, for
purposes of this division, is a subsidiary which engages
solely in financing or leasing of motor vehicles;
(vi) Insurance companies who sell motor vehicles
to which they have taken title as an incident of payments
made under policies of insurance;
(vii) Persons, firms, or corporations who act as
agents for insurance companies for the purpose of solicit-
ing insurance for motor vehicles; or
(viii) Persons, firms, or corporations engaged in a
business other than as a used car dealer, as defined in
divisions (6)(B)(i) through (vii) of this Code section, who
sell motor vehicles traded in as a part of the purchase
price of an article other than a motor vehicle and which
has not been acquired by direct purchase for cash, and
which business is not for the purpose of violating this
chapter.
Section 2. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 43-47-7, relating to registra-
tion and license requirement for persons engaged in business as a used
car dealer, and inserting in lieu thereof a new subsection (a) to read as
follows:
GEORGIA LAWS 1983 SESSION
553
(a) It shall be unlawful for any person to operate as a used
motor vehicle dealer in this state without first registering and obtain-
ing a license from the board as provided in this chapter.
Section 3. Said chapter is further amended by striking in its
entirety subsection (e) of Code Section 43-47-8, relating to applica-
tion to the board for a license, and inserting in lieu thereof a new
subsection (e) to read as follows:
(e) Each application for a new license after July 1, 1983, shall
show that within the preceding year the applicant has attended a
training and information seminar conducted by the board. Such
seminar shall include, but shall not be limited to, dealer requirements
of this chapter, including books and records to be kept; requirements
of the Motor Vehicle Title Division and the Sales and Use Tax
Division of the Department of Revenue; and such other information
as in the opinion of the board will promote good business practices.
No such seminar shall exceed one day in length.
Section 4. Said chapter is further amended by adding at the end
of Code Section 43-47-8, relating to application to board for a license,
a new subsection (1) and a new subsection (m) to read as follows:
(1) Each application for a license shall show that the dealer
maintains an automobile dealers public liability and property
damage insurance with liability limits of not less than $50,000.00 per
person and $100,000.00 per accident, personal insurance liability
coverage, and $25,000.00 property damage liability coverage. The
board may, in its discretion, permit self-insurance in lieu of a bond or
bond of insurance if it decides that the financial ability of the dealer
warrants such privilege or if it is satisfied that an applicant or licensee
is possessed and will continue to be possessed of the ability to pay
judgments obtained or claims against the applicant or licensee. The
board may issue to the applicant, licensee, or dealer a certificate of
self-insurance. The board may cancel such self-insurance upon
reasonable grounds, such as failure to pay within 30 days after
judgment has become final any judgment rendered against the appli-
cant in which it is determined that the applicant is liable for damages
under this chapter.
(m) Each application for a new license shall be acted on by the
board at their next regular meeting.
554 GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said chapter is further amended by striking in its
entirety paragraph (9) of Code Section 43-47-10, relating to invest-
igation of used car dealers by the board, and inserting in lieu thereof a
new paragraph (9) to read as follows:
(9) Fraud or fraudulent practice or untrustworthiness or
incompetency to act as a used car dealer, including, but not limited to,
the failure to provide the appropriate odometer disclosure forms
required by law;.
Section 6. Said chapter is further amended by striking in its
entirety Code Section 43-47-12, relating to registration with the state
revenue commissioner, and inserting in lieu thereof a new Code
Section 43-47-12 to read as follows:
43-47-12. As provided by law, every used car dealer doing
business within this state shall register with the state revenue com-
missioner, making application for a dealers registration plate. No
person not licensed in accordance with this chapter shall be entitled
to receive or use any dealers registration plates for motor vehicles
under the motor vehicle laws of this state providing for the issuance of
such plates.
Section 7. This Act shall become effective on July 1,1983.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
555
SUPERIOR COURT CLERKS RETIREMENT FUND
CHARGES FOR FILING CIVIL CASES,
BENEFITS, ETC.
Code Title 47, Chapter 14 Amended.
No. 249 (Senate Bill No. 73).
AN ACT
To amend Chapter 14 of Title 47 of the Official Code of Georgia
Annotated, relating to the Superior Court Clerks Retirement Fund of
Georgia, so as to provide for a charge for all civil cases filed in any
court in which a superior court clerk is clerk of the court; to provide a
charge for the processing of instruments pertaining to real estate; to
change the provisions relating to retirement benefits for clerks of the
superior court and their spouses who are receiving benefits under this
article or who may become eligible for benefits in the future; 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 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 47-14-51,
relating to payments to the fund from fees charged and collected in
certain actions, and inserting in lieu thereof a new Code Section 47-
14-51 to read as follows:
47-14-51. (a) In addition to all other legal costs, the sum of
$1.00 shall be charged and collected in each civil suit, action, case, or
proceeding filed in the superior courts or in any other court of this
state in which a clerk of the superior court is clerk, including, without
limiting the generality of the foregoing, all adoptions, charters, certi-
orari, applications by a personal representative for leave to sell or
reinvest, trade name registrations, applications for change of name,
and all other proceedings of a civil nature, filed in the superior courts
or other such courts.
556
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In addition to all other legal costs, the sum of 50<t shall be
charged and collected in addition to any other fees or costs for the
processing of all instruments pertaining to real estate filed in the
superior courts.
(c) The clerks of the superior courts shall collect the fees pro-
vided for in subsections (a) and (b) of this Code section and the fees so
collected shall be remitted to the board on a quarterly basis or at such
time as the board may provide. It shall be the duty of the clerks of the
superior courts to keep accurate records of the amounts due the board
under this Code section and such records may be audited by the board
at any time. The sums remitted to the board under this Code section
shall be used for the purposes provided in this chapter.
Section 2. Said chapter is further amended by striking in their
entirety subsections (a), (b), (c), (d), and (e) of Code Section 47-14-70,
relating to eligibility for retirement benefits, and inserting in lieu
thereof new subsections (a), (b), (c), (d), and (e) to read as follows:
(a) A member with at least 20 years of service shall receive
retirement benefits of $600.00 per month upon retirement, provided
that at least 12 years of such service shall have been served as a clerk,
and the member must have served continuously as a clerk for the four
years immediately preceding his retirement. Subject to the restrict-
ions set out in this subsection, in computing such service, a member
also may include service as a deputy clerk of the superior court and
not more than four years of service as a member of the armed forces of
the United States on active duty during any period of time in which
the United States was engaged in an armed conflict, regardless of
whether a state of war had been declared by Congress, provided that
no service as a member of the armed forces of the United States shall
be deemed as service for purposes of obtaining retirement benefits
under this chapter if such service has or will be used in the determina-
tion of the members eligibility for retirement benefits or allowances
from any other state or federal retirement program, excluding social
security. A clerk of the superior court may not include service for
eligibility purposes for years in which the clerk has not completed the
training requirements set out in paragraph (1) of subsection (c) of
Code Section 15-6-50.
(b) If a member is eligible to retire under subsection (a) of this
Code section but does not retire and continues to serve as clerk, he
shall be entitled to receive, upon retirement, the amount to which he
GEORGIA LAWS 1983 SESSION
557
would have been entitled under subsection (a) of this Code section;
and, in addition, for each year of service beyond the required 20 years,
he shall receive an additional 5 percent of the amount he would be
entitled to under subsection (a) of this Code section.
(c) In lieu of the retirement benefits provided in subsections (a)
and (b) of this Code section, a member, upon retirement, may elect to
receive 80 percent of the benefits he is entitled to receive under
subsections (a) and (b) during the remainder of his life; and, after the
members death, the members surviving spouse shall receive a
monthly sum during the lifetime of the surviving spouse equal to 50
percent of the amount which the member would have received had he
elected the full benefits provided under subsections (a) and (b) of this
Code section. In order to be eligible for such benefits, the surviving
spouse must have been married to the member for at least six years
immediately preceding the members death. Such benefits shall not
commence until after the surviving spouse reaches 55 years of age.
(d) A member with at least 16 years of service either as a clerk or
deputy clerk shall receive retirement benefits of $480.00 per month
upon retirement, provided that at least eight years of such service
shall have been served as a clerk, and the member must have served
continuously as a clerk for the four years immediately preceding his
retirement. No other type of service shall be counted toward such
retirement benefit.
(e) A member with at least 12 years of service either as a clerk or
deputy clerk shall receive retirement benefits of $360.00 per month
upon retirement, provided that at least eight years of such service
shall have been served as a clerk, and the member must have served
continuously as a clerk for the four years immediately preceding his
retirement. No other type of service shall be counted toward such
retirement benefit.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 47-14-71, relating to eligibility for disability
benefits, and inserting in lieu thereof a new Code Section 47-14-71 to
read as follows:
47-14-71. Notwithstanding any other provisions of this chapter
to the contrary, a member may retire after completing 16 years of
creditable service if he becomes totally and permanently disabled
after commencing service as a clerk. Any such clerk shall be entitled
558
GENERAL ACTS AND RESOLUTIONS, VOL. I
to receive retirement benefits in the amount of $600.00 per month. All
questions relating to the degree and nature of the total and perma-
nent disability suffered by the clerk shall be determined by the
board.
Section 4. Said chapter is further amended by striking in its
entirety Code Section 47-14-74, relating to application of certain
increases in benefits to benefits paid to surviving spouses, and
inserting in lieu thereof a new Code Section 47-14-74 to read as
follows:
47-14-74. The increases in retirement benefits resulting from
changes made in this chapter prior to January 1, 1983, and the
increases in retirement benefits resulting from changes made in this
chapter during calendar year 1983 shall also be used in the computa-
tion of any retirement benefits allowed a surviving spouse of a
deceased clerk pursuant to the terms of this chapter.
Section 5. Said chapter is further amended by striking in its
entirety Code Section 47-14-75, relating to eligibility for benefit
increases enacted on April 1,1981, and inserting in lieu thereof a new
Code Section 47-14-75 to read as follows:
47-14-75. Any other provisions of this chapter to the contrary
notwithstanding, each member who retired prior to April 1,1983, and
all members who have ceased their service as clerks but have not yet
reached retirement age shall receive benefits under this chapter in the
same amount as a member with the same number of years of service
would receive if such member retired on April 1, 1983. This Code
section shall not reduce the amount of any benefits which a retired
member or the spouse of a deceased member is receiving on March 31,
1983. The increased benefits provided by Code Section 47-14-71 and
subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to
retired members and spouses of deceased members, effective on April
1,1983.
Section 6. This Act shall become effective April 1,1983.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
559
ACCOUNTANTS LAW REGULATING PROFESSION
CHANGED.
Code Title 43, Chapter 3 Amended.
No. 250 (Senate Bill No. 154).
AN ACT
To amend Chapter 3 of Title 43 of the Official Code of Georgia
Annotated, relating to accountants, so as to clarify certain matters
relating to the board membership; to delete the residency require-
ment for certified public accountants and registered public accoun-
tants; to change notice requirements relating to certain rules; to
clarify requirements relating to the experience necessary for certifica-
tion; to provide a definition of good moral character; to provide for
the appointment of the Secretary of State as agent for service of
process for nonresidents; to provide for the issuance of temporary
permits; to delete certain requirements relating to notification and
extension of time for compliance with licensing requirements; to
delete the requirement for issuance of biennial inactive status
licenses; to provide the forms of advertising and solicitation which
shall be prohibited; to authorize the board to prohibit certain solicita-
tion by rules or regulations; to delete the exception relating to the
practice of accountancy by certified public accountants or public
accountants who hold certificates, degrees, or licenses of another state
or foreign country from temporarily and periodically practicing in
this state; to correct certain references; 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 43 of the Official Code of Georgia
Annotated, relating to accountants, is amended by striking Code
Section 43-3-3, relating to the creation of the State Board of Accoun-
tancy, in its entirety and substituting in lieu thereof a new Code
Section 43-3-3 to read as follows:
43-3-3. (a) There is created the State Board of Accountancy.
560
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The board shall consist of seven members, to be appointed
by the Governor with the approval of the Senate. Each member of the
board shall be a resident of this state. Five members of the board
shall be certified public accountants, and one member shall be a
registered public accountant, all of whom shall hold a permit to
practice public accounting issued under Code Section 43-3-24. One
member shall be appointed from the public at large and shall be a
person to whom neither this state nor any other state has ever issued a
certificate, registration, license, or permit to engage in the practice of
public accounting.
(c) Each member of the board in office on July 1, 1982, shall
remain in office until the expiration of his term and the appointment
and approval of his successor.
(d) Any appointment or reappointment of board members shall
be for a period of four years. The remaining portion of any unexpired
term shall be filled by appointment by the Governor with the
approval of the the Senate. Upon the expiration of his term of office,
a member shall continue to serve until his successor shall have been
appointed and shall have qualified.
(e) No member of the board shall serve as such for more than
two terms, consecutive or otherwise; and, for purposes of calculating
the number of terms served, the filling of an unexpired term or terms
for a total of more than 30 calendar months shall be treated as the
serving of a full term.
(f) Any member of the board may be removed by the Governor
for misconduct, incompetence, or neglect of duty. The membership
on the board of any member whose permit to practice has expired and
has not been renewed, has become void, or has been revoked or
suspended shall be automatically terminated simultaneously with
any such expiration, voiding, revocation, or suspension.
(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 Code
Section 43-3-6, relating to residency, age, and character requirements
of certified public accountants, in its entirety and substituting in lieu
thereof a new Code Section 43-3-6 to read as follows:
GEORGIA LAWS 1983 SESSION
561
43-3-6. (a) The certificate of certified public accountant
shall be granted by the board to any person:
(1) Who has attained the age of 18;
(2) Who is, in the opinion of the board, of good moral
character;
(3) Who meets the following requirements of education and
experience:
(A) Except as provided in subsection (b) of this Code
section or subsection (a) of Code Section 43-3-7, the educa-
tion requirement shall be the presentation to the board of
such evidence as it may require that the applicant has
received a baccalaureate degree or completed the require-
ments therefor, conferred by a college or university accredited
by a national or regional accrediting organization recognized
by the board, with a concentration in accounting or what the
board determines to be the substantial equivalent of the
foregoing, or with a nonaccounting concentration supple-
mented by what the board determines to be the substantial
equivalent of an accounting concentration, including related
courses in other areas of business administration; and
(B) The experience requirement shall be two years
continuous experience in public accountancy immediately
preceding the date of application for the certificate or within
a reasonable time prior to the date of such application as
provided by the board by rule, provided that the board may
promulgate rules stating certain circumstances which shall
constitute acceptable breaks in the continuity of said experi-
ence; and provided, further, that the board may accept, in lieu
of both of such years experience in public accounting, evi-
dence satisfactory to it of five years continuous employment
in the accounting field in industry, business, government, or
college teaching; any combination of the above; or any combi-
nation of the above and practice in public accountancy imme-
diately preceding the date of application for the certificate or
what the board determines to be the equivalent thereof; and
provided, further, that any person certified as a certified
public accountant under the laws of this state on July 1,1977,
shall be deemed to have the experience in the practice of
public accountancy required by this subparagraph; and
562
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Who shall have passed a written or oral examination, or
both, in accounting, auditing, and such related subjects as the
board deems appropriate.
(b) The board, in its discretion, may waive the education
requirement specified in paragraph (3) of subsection (a) of this Code
section for any applicant, if it is satisfied, from the result of a special
written examination given the applicant by the board to test his
educational qualification, that he is as well equipped educationally as
if he met sucb education requirement.
(c) For the purposes of this Code section, good moral character
means fiscal integrity and a lack of any history of acts involving
dishonesty or moral turpitude. For failure to satisfy this requirement,
the board may refuse to certify an applicant where it finds that there
is a substantial connection between the lack of good moral character
of the applicant and the professional responsibilities of a licensee and
the finding by the board of a lack of good moral character is supported
by clear and convincing evidence. When an applicant is found to be
unqualified for a certificate because of lack of good moral character,
the board shall furnish the applicant a statement containing the
findings of the board and a complete listing of the evidence upon
which the determination was based, and the applicant may request a
hearing on that determination.
Section 3. Said chapter is further amended by striking Code
Section 43-3-7, relating to certified public accountants and the scope
of examination, in its entirety and substituting in lieu thereof a new
Code Section 43-3-7 to read as follows:
43-3-7. (a) The board may provide, by regulation, for the
general scope of examinations described in paragraph (4) of subsec-
tion (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-
3-6 and may obtain such advice and assistance as it deems appropri-
ate to assist it in preparing and grading such examinations.
(b) The examinations described in paragraph (4) of subsection
(a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6
shall be held by the board and shall take place as often as the board
shall determine to be desirable, but the examination described in
paragraph (4) of subsection (a) of Code Section 43-3-6 shall be held at
least twice each year. The board shall publish notice of the time and
place of all examinations provided for in this Code section at least
GEORGIA LAWS 1983 SESSION
563
three consecutive days in daily newspapers of general circulation
published in the three cities in this state with the largest population
according to the United States decennial census of 1970 or any future
such census. Any such notice shall be published at least 90 days prior
to the examination to which it refers.
(c) An applicant who has met the education requirement speci-
fied in paragraph (3) of subsection (a) of Code Section 43-3-6 or who
expects to meet it within 120 days following the examination
described in paragraph (4) of subsection (a) of Code Section 43-3-6 or
with respect to whom such education requirement has been waived in
accordance with subsection (b) of Code Section 43-3-6 shall be eligible
to take such examination without waiting until he meets the experi-
ence requirement if he also meets the requirements of paragraphs (1)
and (2) of subsection (a) of Code Section 43-3-6. In the case of any
applicant admitted to such examination on the expectation that he
will meet the education requirement within 120 days, no certificate
shall be issued, nor shall credit for the examination, or any part of it,
be given unless such requirement is in fact completed within that
time or within such longer period of time as the board, in its
discretion, may determine.
(d) An applicant for the certificate of certified public accountant
who has successfully completed the examination provided for in
paragraph (4) of subsection (a) of Code Section 43-3-6 shall have no
status as a certified public accountant until he has the requisite
education and experience and has received his certificate as a certi-
fied public accountant.
(e) The board, by regulation, may provide for granting a credit
to any applicant for his satisfactory completion of an examination in
any one or more of the subjects specified in paragraph (4) of subsec-
tion (a) of Code Section 43-3-6 given by the licensing authority in
another state, provided that when such applicant took such examina-
tion he had no place of business in this state and, as an employee, was
not regularly employed in this state. Such regulations shall include
such requirements as the board deems appropriate to ensure that any
examination approved as a basis for any such credit, in the judgment
of the board, shall be at least as thorough as the most recent
examination given by the board at the time of the granting of such
credit.
564
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) The board, by regulation, may prescribe the time and condi-
tions under which an applicant who passes, in one sitting, a portion of
the examination provided for in paragraph (4) of subsection (a) of
Code Section 43-3-6 pertaining to at least two or more of the subjects
indicated in such paragraph may be reexamined in only the remaining
subjects, with credit for the subjects previously passed, provided that
the entire examination must be passed in six consecutive attempts,
including the initial sitting in which at least two parts of the examina-
tion were passed.
(g) With respect to examinations, the board shall charge the
applicant a fee to be determined by the board, which fee shall be
sufficient to pay for the cost of the examinations.
(h) Application for certification by persons who are not resi-
dents of this state shall constitute the appointment of the Secretary
of State as the agent for service of process in any action or proceeding
against such applicant arising out of any transaction, activity, or
operation connected with or incidental to the practice of public
accounting in this state by nonresident holders of certified public
accountant certificates.
Section 4. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-3-8, relating to certified public accoun-
tants and the conducting of oral examinations and the retention by
joint-secretary of records of examinations, in its entirety and substi-
tuting in lieu thereof a new subsection (a) to read as follows:
(a) Any written examination described in paragraph (4) of
subsection (a) of Code Section 43-3-6 and subsection (b) of Code
Section 43-3-6 may be administered orally if the board determines
that an applicants physical handicap or other circumstances render
him incapable of taking a written examination. Any applicant who
desires to have an examination administered orally shall present to
the board such evidence, as it deems appropriate, of the handicap or
other circumstances necessitating such oral administration. Such
evidence shall be submitted to the board at least 20 days prior to the
date of examination.
Section 5. Said chapter is further amended by striking Code
Section 43-3-10, relating to the issuance of temporary certificates to
certified public accountants by the board, in its entirety and substi-
tuting in lieu thereof a new Code Section 43-3-10 to read as follows:
GEORGIA LAWS 1983 SESSION
565
43-3-10. In the event an applicant for a certificate as a certified
public accountant meets all of the requirements for such a certificate,
the board, in its discretion, may issue to him a temporary certificate
as a certified public accountant. The temporary certificate shall be
effective only until the board notifies him that his application for a
certificate as a certified public accountant pursuant to Code Section
43-3-11 has been either granted or rejected. In no event shall a
temporary certificate be in effect for more than three months after
the date of its issuance. No fee shall be charged for such certificate.
Section 6. Said chapter is further amended by striking Code
Section 43-3-11, relating to certified public accountants and reciproc-
ity with other states, in its entirety and substituting in lieu thereof a
new Code Section 43-3-11 to read as follows:
43-3-11. The board, in its discretion, may waive the examina-
tion provided for in paragraph (4) of subsection (a) of Code Section
43-3-6 and may issue a certificate as a certified public accountant to
any person who possesses the qualifications specified in paragraphs
(1) and (2) of subsection (a) of Code Section 43-3-6 and what the
board determines to be the substantial equivalent of the qualifica-
tions under paragraph (3) of subsection (a) of Code Section 43-3-6
and who is a holder of a certificate as a certified public accountant,
then in full force and effect, issued under the laws of another state,
provided that the certificate held by such person was issued after an
examination which, in the judgment of the board, is the equivalent of
the standard established by the board for examinations administered
pursuant to paragraph (4) of subsection (a) of Code Section 43-3-6;
and provided, further, that such privileges are extended to citizens of
this state by the state originally granting the certificate. Notwith-
standing the foregoing, the examination provided for in paragraph (4)
of subsection (a) of Code Section 43-3-6 shall be waived by the board
in the case of an applicant who has been engaged in public practice for
a period of ten years in another state pursuant to authority issued by
such state.
Section 7. Said chapter is further amended by striking Code
Section 43-3-13, relating to residency, age, and character require-
ments of registered public accountants, in its entirety and substitut-
ing in lieu thereof a new Code Section 43-3-13 to read as follows:
43-3-13. (a) The certificate of registered public accountant
shall be granted by the board to any person:
566
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Who has attained the age of 18;
(2) Who is, in the opinion of the board, of good moral
character;
(3) Who meets the following requirements of education and
experience:
(A) Except as provided in subsection (b) of this Code
section or subsection (c) of Code Section 43-3-14, the educa-
tion requirement shall be the presentation to the board of
such evidence as it may require that the applicant has
received a high school diploma or completed the require-
ments therefor or what the board determines to be the
substantial equivalent of the foregoing;
(B) The experience requirement shall be two years
continuous experience in public accountancy immediately
preceding the date of application for the certificate or within
a reasonable time prior to the date of such application as
provided by the board by rule, provided that the board may
promulgate rules stating certain circumstances which shall
constitute acceptable breaks in the continuity of said experi-
ence; and provided, further, that the board may accept, in lieu
of both of such years experience in public accounting, evi-
dence satisfactory to it of five years continuous employment
in the accounting field in industry, business, government, or
college teaching; any combination of the above; or any combi-
nation of the above and practice in public accountancy imme-
diately preceding the date of application for the certificate or
what the board determines to be the equivalent thereof; and
provided, further, that any person registered as a registered
public accountant under the laws of this state on July 1,1977,
shall be deemed to have the experience in the practice of
public accountancy required by this subparagraph; and
(4) Who shall have passed a written or oral examination, or
both, in accounting, auditing, and such related subjects as the
board deems appropriate.
(b) The board, in its discretion, may waive the education
requirement specified in paragraph (3) of subsection (a) of this Code
section for any applicant if it is satisfied, from the result of a special
GEORGIA LAWS 1983 SESSION
567
written examination given the applicant by the board to test his
educational qualification, that he is as well equipped educationally as
if he met such education requirement.
(c) For the purposes of this Code section, good moral character
means fiscal integrity and a lack of any history of acts involving
dishonesty or moral turpitude. For failure to satisfy this requirement,
the board may refuse to certify an applicant where it finds that there
is a substantial connection between the lack of good moral character
of the applicant and the professional responsibilities of a licensee and
the finding by the board of a lack of good moral character is supported
by clear and convincing evidence. When an applicant is found to be
unqualified for a certificate because of lack of good moral character,
the board shall furnish the applicant a statement containing the
findings of the board and a complete listing of the evidence upon
which the determination was based, and the applicant may request a
hearing on that determination.
Section 8. Said chapter is further amended by striking Code
Section 43-3-14, relating to registered public accountants and the
scope of examination, in its entirety and substituting in lieu thereof a
new Code Section 43-3-14 to read as follows:
43-3-14. (a) The board may provide, by regulation, for the
general scope of examinations described in paragraph (4) of subsec-
tion (a) of Code Section 43-3-13 and subsection (b) of Code Section
43-3-13 and may obtain such advice and assistance as it deems
appropriate to assist it in preparing and grading such examinations.
(b) The examinations described in paragraph (4) of subsection
(a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-
13 shall be held by the board and shall take place as often as the board
shall determine to be desirable, but the examination described in
paragraph (4) of subsection (a) of Code Section 43-3-13 shall be held
at least twice each year. The board shall publish notice of the time
and place of all examinations provided for in this Code section at least
three consecutive days in daily newspapers of general circulation
published in the three cities in this state with the largest population
according to the United States decennial census of 1970 or any future
such census. Any such notice shall be published at least 90 days prior
to the examination to which it refers.
568
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) An applicant who has met the education requirement speci-
fied in paragraph (3) of subsection (a) of Code Section 43-3-13 or who
expects to meet it within 120 days following the examination
described in paragraph (4) of subsection (a) of Code Section 43-3-13
or with respect to whom such education requirement has been waived
in accordance with subsection (b) of Code Section 43-3-13 shall be
eligible to take such examination without waiting until he meets the
experience requirement if he also meets the requirements of para-
graphs (1) and (2) of subsection (a) of Code Section 43-3-13. In the
case of any applicant admitted to such examination on the expecta-
tion that he will meet the education requirement within 120 days, no
certificate shall be issued, nor shall credit for the examination, or any
part of it, be given unless such requirement is in fact completed
within that time or within such longer period of time as the board, in
its discretion, may determine.
(d) An applicant for the certificate of registered public accoun-
tant who has successfully completed the examination provided for in
paragraph (4) of subsection (a) of Code Section 43-3-13 shall have no
status as a registered public accountant until he has the requisite
education and experience and has received his certificate as a regis-
tered public accountant.
(e) The board, by regulation, may provide for granting a credit
to any applicant for his satisfactory completion of an examination in
any one or more of the subjects specified in paragraph (4) of subsec-
tion (a) of Code Section 43-3-13 given by the licensing authority in
another state, provided that when such applicant took such examina-
tion he had no place of business in this state and, as an employee, was
not regularly employed in this state. Such regulations shall include
such requirements as the board deems appropriate to ensure that any
examination approved as a basis for any such credit, in the judgment
of the board, shall be at least as thorough as the most recent
examination given by the board at the time of the granting of such
credit.
(f) The board, by regulation, may prescribe the time and condi-
tions under which an applicant who passes, in one sitting, a portion of
the examination provided for in paragraph (4) of subsection (a) of
Code Section 43-3-13 pertaining to at least two or more of the subjects
indicated in such paragraph may be reexamined in only the remaining
subjects, with credit for the subjects previously passed, provided that
the entire examination must be passed in ten consecutive attempts,
GEORGIA LAWS 1983 SESSION
569
including the initial sitting in which at least two parts of the examina-
tion were passed.
(g) With respect to examinations, the board shall charge the
applicant a fee to be determined by the board, which fee shall be
sufficient to pay for the cost of the examinations.
(h) Application for certification by persons who are not resi-
dents of this state shall constitute the appointment of the Secretary
of State as the agent for service of process in any action or proceeding
against such applicant arising out of any transaction, activity, or
operation connected with or incidental to the practice of public
accounting in this state by nonresident holders of registered public
accountant certificates.
Section 9. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-3-15, relating to registered public accoun-
tants and the conducting of oral examinations and the retention by
the joint-secretary of records of examinations, in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) Any written examination described in paragraph (4) of
subsection (a) of Code Section 43-3-13 may be administered orally if
the board determines that an applicants physical handicap or other
circumstances render him incapable of taking a written examination.
Any applicant who desires to have an examination administered
orally shall present to the board such evidence, as it deems appropri-
ate, of the handicap or other circumstances necessitating such oral
administration. Such evidence shall be submitted to the board at
least 20 days prior to the date of examination.
Section 10. Said chapter is further amended by striking Code
Section 43-3-17, relating to the issuance of temporary certificates to
registered public accountants by the board, in its entirety and substi-
tuting in lieu thereof a new Code Section 43-3-17 to read as follows:
43-3-17. In the event an applicant for a certificate as a regis-
tered public accountant meets all of the requirements for such a
certificate, the board, in its discretion, may issue to him a temporary
certificate as a registered public accountant. The temporary certifi-
cate shall be effective only until the board notifies him that his
application for a certificate as a registered public accountant pursu-
ant to Code Section 43-3-18 has been either granted or rejected. In no
570
GENERAL ACTS AND RESOLUTIONS, VOL. I
event shall a temporary certificate be in effect for more than three
months after the date of its issuance. No fee shall be charged for such
certificate.
Section 11. Said chapter is further amended by striking Code
Section 43-3-18, relating to registered public accountants and reci-
procity with other states, in its entirety and substituting in lieu
thereof a new Code Section 43-3-18 to read as follows:
43-3-18. The board, in its discretion, may waive the examina-
tion provided for in paragraph (4) of subsection (a) of Code Section
43-3-13 and may issue a certificate as a registered public accountant
to any person who possesses the qualifications specified in paragraphs
(1) and (2) of subsection (a) of Code Section 43-3-13 and what the
board determines to be the substantial equivalent of the qualifica-
tions under paragraph (3) of subsection (a) of Code Section 43-3-13
and who is a holder of a certificate as a registered public accountant,
then in full force and effect, issued under the laws of another state,
provided that the certificate held by such person was issued after an
examination which, in the judgment of the board, is the equivalent of
the standard established by the board for examinations administered
pursuant to paragraph (4) of subsection (a) of Code Section 43-3-13;
and provided, further, that such privileges are extended to citizens of
this state by the state originally granting the certificate.
Section 12. Said chapter is further amended by striking Code
Section 43-3-24, relating to issuance of permits to qualified individ-
uals and professional corporations to practice public accountancy, in
its entirety and substituting in lieu thereof a new Code Section 43-3-
24 to read as follows:
43-3-24. (a) A permit to engage in the practice of public
accountancy in this state shall be issued by the joint-secretary, at the
direction of the board, to each person who is certificated as a certified
public accountant under Code Sections 43-3-6 through 43-3-12,
registered as a public accountant under Code Sections 43-3-13
through 43-3-19, or registered as a foreign accountant under Code
Section 43-3-20 who shall have furnished evidence, satisfactory to the
board, of compliance with the requirements of Code Section 43-3-25,
and to individuals, partnerships, professional associations, and pro-
fessional corporations registered under Code Section 43-3-21 or 43-3-
22, provided that all offices of such certificate holder or registrant are
maintained and registered as required under Code Section 43-3-23.
GEORGIA LAWS 1983 SESSION
571
There shall be a biennial permit fee in an amount to be determined by
the board.
(b) For the purpose of enabling persons, partnerships, profes-
sional associations, or professional corporations licensed in other
states to perform specific professional engagements involving the
practice of public accounting in this state, the board shall grant
temporary permits to practice to persons, partnerships, professional
associations, or professional corporations who make application and
demonstrate their qualifications therefor in accordance with the
following provisions:
(1) An applicant for a temporary permit under this subsec-
tion shall show that he is duly licensed and authorized to practice
as a certified public accountant or as a partnership, professional
association, or professional corporation of certified public accoun-
tants or the equivalent in another state or as a registered public
accountant or as a partnership or professional association of
registered public accountants or the equivalent in another state
and shall give the name of each person who will be engaged in the
practice of public accounting in this state in the performance of
the professional engagement which is the subject of the applica-
tion;
(2) The board shall charge a fee for each application for
issuance or renewal of a temporary permit under this subsection,
in an amount to be determined by the board by rule, for each
applicant and for each person who is to engage in the practice of
public accounting in this state under the permit;
(3) A temporary permit issued under this Code section shall
be limited to the single specific professional engagement which is
the occasion for the application for a permit; it shall name each
person who is to engage in the practice of public accounting in this
state pursuant to such engagement; and it shall be valid for no
more than 90 days after its issuance;
(4) An application for a temporary permit under this sub-
section shall constitute the appointment of the Secretary of State
as the applicants agent upon whom process may be served in any
action or proceeding against the applicant arising out of any
transaction or operation connected with or incidental to the
performance of the professional engagement for which the tempo-
rary permit was issued; and
572
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) No temporary permit shall be issued to, or with respect
to the performance of services by, any person who is a resident of
this state.
Section 13. Said chapter is further amended by striking Code
Section 43-3-26, relating to the extension of time for compliance with
licensing requirements, which reads as follows:
43-3-26. The failure of the board to provide timely notification
by certified mail to holders of live certificates of changes in the
requirements for maintenance of such live certificates shall be
regarded by the board as sufficient cause for extending the period for
compliance with such requirements by a period of 12 months.,
in its entirety.
Section 14. Said chapter is further amended by striking Code
Section 43-3-27, relating to biennial inactive status licenses, which
reads as follows:
43-3-27. The board shall issue biennial inactive status licenses
to applicants who, except for the requirement for continuing profes-
sional education, would qualify for biennial permits to practice.,
in its entirety.
Section 15. Said chapter is further amended by adding new
subsections (h) and (i) at the end of Code Section 43-3-35, relating to
the use of terms certified public accountant and public accoun-
tant generally, to read as follows:
(h) A licensee shall not use or participate in the use of any form
of public communication having reference to his professional services
which contains a false, fraudulent, misleading, deceptive, or unfair
statement or claim. A false, fraudulent, misleading, deceptive, or
unfair statement or claim includes but is not limited to a statement or
claim which:
(1) Containsa misrepresentation of fact;
(2) Is likely to mislead or deceive because it fails to make
full disclosure of relevant facts;
GEORGIA LAWS 1983 SESSION
573
(3) Contains any testimonial, laudatory, or other statement
or implication that the licensees professional services are of
exceptional quality, if not supported by verifiable facts;
(4) Is intended or likely to create false or unjustified expec-
tations of favorable results;
(5) Implies educational or professional attainments or
licensing recognition not supported in fact;
(6) States or implies that the licensee has received formal
recognition as a specialist in any aspect of the practice of public
accounting, except in accordance with rules adopted by the board;
(7) Represents that professional services can or will be
completely performed for a stated fee when this is not the case or
makes representations with respect to fees for professional ser-
vices that do not disclose all variables that may reasonably be
expected to affect the fees that will in fact be charged; or
(8) Contains other representations or implications that in
reasonable probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(i) The board may by rule or regulation prohibit a licensee from
soliciting by any direct personal communication an engagement to
perform professional services.
Section 16. Said chapter is further amended by striking Code
Section 43-3-36, relating to exceptions, in its entirety and substitut-
ing in lieu thereof a new Code Section 43-3-36 to read as follows:
43-3-36. (a) Nothing contained in this chapter shall prohibit
any person who is not a certified public accountant or public accoun-
tant from serving as an employee of or an assistant to a certified
public accountant or public accountant or partnership, professional
association, or professional corporation of certified public accoun-
tants or public accountants holding a live permit or a foreign accoun-
tant registered under Code Section 43-3-20 and holding a live permit,
provided that such employee or assistant shall not issue or attest to
any accounting or financial statement over his name.
574
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Nothing contained in this chapter shall prohibit any person
from offering to perform or performing for the public, for compensa-
tion, any of the following services:
(1) The recording of financial transactions in books of
record;
(2) The making of adjustments of such transactions in
books of record;
(3) The making of trial balances from books of record;
(4) Internal verification and analysis of books or accounts of
original entry;
(5) The preparation of unaudited financial statements,
schedules, or reports;
(6) The devising and installing of systems or methods of
bookkeeping, internal controls of financial data, or the recording
of financial data; or
(7) The preparation of tax returns and related forms.
Section 17. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 18. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
575
LAW RELATING TO ASSESSMENT OF TAX
EXECUTION FEES AMENDED.
Code Section 48-5-161 Amended.
No. 251 (House Bill No. 127).
AN ACT
To amend Code Section 48-5-161 of the Official Code of Georgia
Annotated, relating to the time for issuance of tax executions and
attachment of a receipt to said executions, so as to change the
provisions relating to assessment of execution 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 48-5-161 of the Official Code of
Georgia Annotated, relating to the time for issuance of tax executions
and attachment of a receipt to said executions, is amended by striking
subsection (c) in its entirety and substituting in lieu thereof 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 all costs, commissions, interest, and
penalties as provided by law. 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 commissioner shall at once copy the entry of the
officer on his execution docket and file the execution in his office.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
576
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
QUALIFICATIONS OF COUNTY BOARDS OF TAX
ASSESSORS AND OF TAX EQUALIZATION CHANGED.
Code Title 48, Chapter 5 Amended.
No. 252 (House Bill No. 75).
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
remove the requirement that a member be 72 years of age or less; to
designate the alternate members of the board of equalization; to
provide for an alternate becoming a member of the board; to provide
for filling a vacancy among the alternates; 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 striking paragraph (1) of subsection (a) of Code Section 48-5-291,
relating to qualifications for members of county boards of tax asses-
sors, in its entirety and substituting in lieu thereof a new paragraph
(1) to read as follows:
(1) Is less than 21 years of age;.
Section 2. Said chapter is further amended by striking subsec-
tion (c) of Code Section 48-5-311 of the Official Code of Georgia
Annotated, relating to the creation, duties, review of assessment, and
GEORGIA LAWS 1983 SESSION
577
appeals of county boards of equalization, in its entirety and substitut-
ing in lieu thereof a new subsection (c) to read as follows:
(c) (1) Each member and alternate member of the county
board of equalization shall be appointed for a term of two calendar
years next succeeding the date of his selection. Each term shall
begin on January 1.
(2) The grand jury in each county at any term of court
preceding November 1 of each odd-numbered year shall select
three persons from the current grand jury list who are otherwise
qualified to serve as members of the county board of equalization
and shall also select three persons from the current grand jury list
who are otherwise qualified to serve as alternate members of the
county board of equalization. The three individuals selected as
alternates shall be designated as alternate one, alternate two, and
alternate three. If a vacancy occurs on the county board of
equalization, the individual designated as alternate one shall then
serve as a member of the board of equalization for the unexpired
term. If a vacancy occurs among the alternate members, the grand
jury then in session or the next grand jury shall select an individ-
ual who is otherwise qualified to serve as an alternate member of
the county board of equalization for the unexpired term. The
individual so selected shall become alternate member three, and
the other two alternates shall be redesignated appropriately.
(3) Within five days after the names of the members and
alternate members of the county board or boards of equalization
have been selected, the clerk of the superior court shall issue and
deliver to the sheriff or his deputy a precept containing the names
of the persons so selected. Within ten days of receiving the
precept, the sheriff or his deputy shall cause the persons whose
names are written on the precept to be served personally or by
leaving the summons at their place of residence. The summons
shall direct the persons named on the summons to appear before
the clerk of the superior court on a date specified in the summons,
which date shall not be later than December 15.
(4) Each member and alternate member of the county board
of equalization, on the date prescribed for appearance before the
clerk of the superior court and before entering on the discharge of
his duties, shall take and subscribe before the clerk of the superior
court the following oath:
578
GENERAL ACTS AND RESOLUTIONS, VOL. I
You shall faithfully and impartially discharge the duty
of members and alternate members of the board of equaliza-
tion for the County of________________, in accordance with the
Constitution and laws of this state, to the best of your skill
and knowledge. So help you God.
In addition to the oath of office prescribed in this paragraph, the
judge of the superior court shall charge each member and alter-
nate member of the county board of equalization with the law and
duties relating to his office.
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 15,1983.
SUPERIOR COURT CLERKS MINIMUM ANNUAL
SALARY FIXED BY COUNTY POPULATION.
Code Section 15-6-88 Amended.
No. 253 (Senate Bill No. 182).
AN ACT
To amend Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, so as to change the minimum
annual salaries for clerks of the superior courts; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1983 SESSION
579
Section 1. Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, is amended by striking in its
entirety Code Section 15-6-88, which reads as follows:
15-6-88. Any other law to the contrary notwithstanding, the
minimum annual salary of each clerk of the superior court in each
county of 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 1970 or any future such census; provided, how-
ever, that in the event that 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. Each such
clerk shall receive an annual salary, payable in equal monthly install-
ments from the funds of the county, of not less than the amount fixed
in the following schedule:
Population
0 5,999.....
6.000 7,999
8.000 11,999
12.000 19,999
20.000 29,999
30.000 39,999
40,000) 49,999
50.000 99,999
Minimum Salary
........$ 10,800.00
......... 14,400.00
......... 14,400.00
........ 16,800.00
........ 18,000.00
......... 19,200.00
......... 20,400.00
........ 21,600.00
580
GENERAL ACTS AND RESOLUTIONS, VOL. I
100.000 199,999................................... 22,800.00
200.000 and up.................................. 24,000.00,
and inserting in lieu thereof a new Code Section 15-6-88 to read as
follows:
15-6-88. Any other provision of law to the contrary notwith-
standing, the minimum annual salary of each clerk of the superior
court in each county of 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.
Each such clerk shall receive an annual salary, payable in equal
monthly installments from the funds of the county, of not less than
the amount fixed in the following schedule:
Population
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
200.000 249,999
250.000 299,000
300.000 and up
Minimum Salary
...... $ 12,528.00
........ 17,204.00
........ 19,488.00
........ 20,880.00
........ 22,272.00
........ 23,664.00
........ 25,056.00
........ 26,448.00
........ 27,840.00
........ 38,500.00
...... 42,500.00
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
GEORGIA LAWS 1983 SESSION
581
SUPERIOR COURT CLERKS MINIMUM ANNUAL
SALARY DETERMINATION OF POPULATION
IN CERTAIN COUNTIES.
Code Section 15-6-88.1 Enacted.
No. 254 (Senate Bill No. 189).
AN ACT
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of
Georgia Annotated, relating to clerks of superior court, so as to
provide that, for purposes of determining the minimum annual salary
of the clerk of superior court in any county in which more than 70
percent of the population of the county resides on certain property of
the United States government, the population shall be deemed to be
the total population of the county minus the population of the county
which resides on property of the United States government; 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 6 of Title 15 of the Official Code
of Georgia Annotated, relating to clerks of superior court, is amended
by adding a new Code Section 15-6-88.1 to read as follows:
15-6-88.1. In any county in which more than 70 percent of the
population 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 purposes of Code Section 15-6-
88 shall be deemed to be the total population of the county minus the
population of the county which resides on property of the United
States government.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
582
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1983.
SAFE DAMS STUDY COMMISSION CREATED.
No. 5 (House Resolution No. 27).
A RESOLUTION
Creating the Safe Dams Study Commission and authorizing a Safe
Dams Technical Task Force; and for other purposes.
WHEREAS, upon the failure of the Toccoa Falls Dam resulting in
a major loss of lives, the General Assembly approved the Georgia Safe
Dams Act of 1978; and
WHEREAS, the impact of the Safe Dams Act of 1978 resulted in
significant improvements being made to many unsafe dams in
Georgia, but the implementation of the program created certain
hardships on some owners of existing dams; and
WHEREAS, during the 1982 session of the General Assembly
certain of these hardships were addressed through the establishment
of specific standards that still retained an effective law that assured
the protection of life; and
WHEREAS, there are other issues which merit additional study
and deliberation including the requirements placed on existing dam
owners, the rights of downstream property owners, the issue of zoning
and land use, and dams under public ownership which may require
major improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is created a Safe Dams Study
GEORGIA LAWS 1983 SESSION
583
Commission to be composed of nine members, three members to be
appointed by the Governor, three members to be appointed by the
Speaker, and three members to be appointed by the Lieutenant
Governor. The members of the commission shall elect one member
chairman. In order to provide such technical expertise and assistance
as the commission deems necessary, the commission is authorized to
designate the members of a Safe Dams Technical Task Force which
shall include representatives from the State Soil and Water Conser-
vation Committee, the Department of Natural Resources, the United
States Department of Agriculture, the Soil Conservation Service, and
the United States Army Corps of Engineers. The Safe Dams Study
Commission shall examine the Georgia Safe Dams Act of 1978, as
amended, and shall prepare a report with recommendations to the
Governor and General Assembly to be presented along with any
necessary legislation in January, 1984, during the regular session of
the General Assembly.
BE IT FURTHER RESOLVED that the legislative members of
the commission shall be entitled to receive the compensation and
allowances authorized for legislative members of interim study com-
mittees. Of the members of the commission appointed by the
Governor, those who are officials or employees of the state govern-
ment shall be reimbursed for actual and necessary expenses incurred
by them in carrying out their duties by the respective state agency
which employs the official or employee. Other members shall be
reimbursed for actual and necessary expenses incurred by them in
carrying out their duties. 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.
The members of the technical task force who are officials or employ-
ees of the state government shall be reimbursed for the actual and
necessary expenses incurred by them in carrying out their duties by
the respective state agency which employs the official or employee.
Except as otherwise provided herein, the funds necessary to carry out
the provisions of this resolution shall come from funds appropriated
or available to the legislative branch of the state government.
Approved March 16,1983.
584
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAND CONVEYANCES TO JAMES R. IVEY, JR.
AND TO BALDWIN COUNTY.
No. 6 (House Resolution No. 154).
A RESOLUTION
Authorizing the conveyance of certain state owned properties
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 two tracts or
parcels approximately one-half (.5) of one acre each located in
Baldwin County, Georgia; and
WHEREAS, due to the relocation of Garrett Way and Roberson
Lumber Mill Road, said properties are now located adjacent to
privately and state owned property as a result of said road improve-
ment; and
WHEREAS, said real properties are all those tracts or parcels of
land lying and being in Baldwin County, Georgia, and being generally
described as follows:
1. That certain now vacant and unimproved triangular-shaped
lot, approximately one-half (.5) of one acre, parcel of land situate,
lying and being along and immediately adjoining the property of
James R. Ivey, Jr., on the east, the new right-of-way property line of
Roberson Lumber Mill Road on the west, and the northern right-of-
way property line of Garrett Way on the south, all being in the
original first land and present 318th militia district, in Baldwin
County, Georgia, it lying in and being a part of land lot number 281.
2. All that certain State-owned parcel of land approximately
one-half (.5) of one acre needed for the new right-of-way for Roberson
Lumber Mill Road by the County of Baldwin, located in the original
first land and present 138th militia district, in Baldwin County,
Georgia, it lying in and being a part of land lot number 281;
and
GEORGIA LAWS 1983 SESSION
585
WHEREAS, the properties are not useful to or needed by the
State of Georgia and therefore are 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 properties and, in all matters relating to the conveyance of
the properties, 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 properties to James R. Ivey, Jr., and
Baldwin County subject to the following terms and conditions:
p The consideration from James R. Ivey, Jr., shall not be less
than the fair market value as determined by the State Properties
Commission for that above-described tract or parcel number 1; the
consideration from Baldwin County for the above-described tract or
parcel number 2 should be $1.00.
2. That James R. Ivey, Jr., and Baldwin County shall furnish at
their expense a legal description of the above-described properties
and a plat of survey of the above-described properties, including the
abandoned right-of-way of Garrett Way, prepared by a Georgia
Registered Land Surveyor, which shall be presented to and approved
by the State Properties Commission.
3. Such other 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.
586
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 16,1983.
EASEMENT TO RESOURCE RECOVERY DEVELOPMENT
AUTHORITY FOR THE CITY OF SAVANNAH.
No. 7 (Senate Resolution No. 111).
A RESOLUTION
Authorizing and empowering the State of Georgia, acting by and
through the State Properties Commission, to grant and convey to the
Resource Recovery Development Authority for the City of Savannah,
its successors and assigns, an easement over, under, across, and
through certain property owned or claimed by the State of Georgia
and located in Chatham County, Georgia, for the construction, instal-
lation, operation, maintenance, repair, improvement, and replace-
ment of a resource recovery facility to be built over, under, across, or
through such state owned or claimed properties; and for other pur-
poses.
WHEREAS, the Resource Recovery Development Authority for
the City of Savannah, a public authority established by the City of
Savannah pursuant to Ga. L. 1978, p. 1898, proposes to acquire,
construct, improve, maintain, and place into operation and to operate
or cause to be placed into operation and operated a resource recovery
project in Chatham County, Georgia; and
WHEREAS, portions of the site on which such facility will be
located and the access ways thereto will be on lands which may be
owned or claimed by the State of Georgia as below the ordinary iiigh
water mark; and
GEORGIA LAWS 1983 SESSION
587
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 that the State of Georgia grant
and convey an easement under 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, the State of Georgia, acting by and through its State
Properties Commission, is authorized to grant and convey to the
Resource Recovery Development Authority for the City of Savannah,
its successors and assigns, an easement to use, occupy, employ, and
enjoy for the purposes of constructing, installing, operating, main-
taining, repairing, improving, and replacing a resource recovery pro-
ject and all facilities and improvements that shall be reasonably
necessary in connection therewith, including roads and access ways
over, under, across, and through certain property in Chatham
County, Georgia, upon the following conditions:
(1) The specific property of said easement area shall be shown
on a current and accurate field survey, and a plat thereof, showing
with particularity the location of the property subject to the easement
and the easement area, which is a part of property conveyed in a
Deed dated July 12,1951, and recorded in Deed Book 54-D, Page 428
of Chatham County, Georgia Records from Savannah District
Authority (now Savannah Port Authority) to American Cyanamid
Company as containing sixteen hundred (1,600) acres, more or less,
bounded on the North by the low water mark of the Savannah River
and the South Channel thereof and on the East by St. Augustine
Creek or Wilmington River and any lands claimed or owned by the
State of Georgia adjacent thereto reasonably necessary for roads or
ways of access, the cost of which survey shall be paid by the Resource
Recovery Development Authority for the City of Savannah, and
which survey shall be approved by the State Properties Commission;
and
588
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Approval by the Department of Natural Resources of said
easement to ensure compliance with the standards as set forth in the
laws, rules, and regulations administered by the department; and
(3) Continuing compliance by the Resource Recovery Develop-
ment Authority for the City of Savannah, its successors and assigns,
with all applicable laws, rules, and regulations pertaining to the
subject matter hereof; and
(4) Payment to the State of Georgia of a consideration of $10.00
by the Resource Recovery Development Authority for the City of
Savannah;and
(5) Such other terms and conditions as the State Properties
Commission shall determine to be in the best interests of the State of
Georgia.
BE IT FURTHER RESOLVED that said easement is made only
for the purposes set out above and shall continue only so long as the
Resource Recovery Development Authority for the City of Savannah,
its successors and assigns, continues to maintain and operate the
proposed facility; and, should said proposed facility be permanently
abandoned or the use thereof permanently discontinued, said ease-
ment shall terminate.
Approved March 16,1983.
CONVEYANCE OF AN ESTATE FOR YEARS TO
THE CITY OF JACKSON.
No. 8 (House Resolution No. 107).
A RESOLUTION
Authorizing the conveyance of an estate for years in certain real
property located in Butts County, Georgia, to the City of Jackson,
Georgia; and for other purposes.
GEORGIA LAWS 1983 SESSION
589
WHEREAS, the State of Georgia is the owner of certain real
property located in Butts County, Georgia, which real property is
more fully described as follows:
All that tract of land situate, lying and being in Butts County,
Georgia, and located adjacent to the South side of land conveyed by
the State of Georgia to the City of Jackson, Georgia, in 1973 for a
Water Treatment Plant site, said deed and plat of survey therefor
being recorded in the Office of the Secretary of State as document
number 5752;
and
WHEREAS, the City of Jackson, Georgia, desires to obtain an
estate for years in said real property for purposes of constructing a
storage reservoir thereon; and
WHEREAS, the power to deal with and dispose of state owned
property is vested in the General Assembly; and
WHEREAS, it is the judgment of the General Assembly that an
estate for years in said real property may be granted to the City of
Jackson to its benefit and without detriment to the states interests.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. The State of Georgia is the owner of the above-
described real property and in all matters relating to the conveyance
of an interest in 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 to the City of Jackson, Georgia, an estate for years in the
above-described real property upon the following terms and condi-
tions:
(1) That the City of Jackson shall furnish at the citys
expense a plat conforming to the requirements of Code Section 50-
16-122 of the O.C.G.A.;
(2) That the duration of the estate for years conveyed to the
City of Jackson shall be for 50 years;
590
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) That the consideration furnished by the City of Jackson
to the State of Georgia shall be $1.00; and
(4) Such other terms and conditions as the State Properties
Commission may require as being in the best interests of the State
of Georgia.
Section 3. Such estate for years may hereafter be extended or
renewed upon such terms and conditions as the State Properties
Commission may require as being in the best interests of the State of
Georgia.
Section 4. The State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect
such conveyance.
Section 5. This resolution shall become effective as law upon its
approval by the Governor or upon its becoming law without his
approval.
Approved March 16,1983.
STATE BOARD OF MEDICAL EXAMINERS DIRECTED
TO ADOPT RULES RELATING TO ABUSE OF
CERTAIN DRUGS.
No. 9 (Senate Resolution No. 121).
A RESOLUTION
Directing the Composite State Board of Medical Examiners to
develop and adopt appropriate rules and regulations relating to the
abuse of amphetamines and amphetamine-like drugs; and for other
purposes.
GEORGIA LAWS 1983 SESSION
591
WHEREAS, the Composite State Board of Medical Examiners
has identified a problem in Georgia with abuse of prescription
amphetamines and amphetamine-like drugs for the treatment of
obesity and other nonrelated acceptable medical treatments; and
WHEREAS, the Composite State Board of Medical Examiners
through its rule-making process can define minimal standards of
acceptable and prevailing medical practice; and
WHEREAS, rules adopted by the Composite State Board of
Medical Examiners through the Georgia Administrative Procedure
Act will be binding on those persons licensed and governed by that
board; and
WHEREAS, such rules adopted by the board will have the effect
and enforceability of law and will be adequate to correct the abuse of
amphetamines and amphetamine-like drugs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY that this body recognizes that there is a problem with
the abuse of amphetamines and amphetamine-like drugs for the
treatment of obesity and other nonrelated acceptable medical treat-
ments in Georgia.
BE IT FURTHER RESOLVED that the Georgia General Assem-
bly directs the Composite State Board of Medical Examiners to
develop and adopt expeditiously the appropriate rules and regula-
tions to curb the abuse of prescription amphetamine and amphet-
amine-like drugs.
BE IT FURTHER RESOLVED that the Secretary of the Senate
is authorized and directed to transmit an appropriate copy of this
resolution to the Composite State Board of Medical Examiners.
Approved March 16,1983.
592
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAND CONVEYANCE TO MRS. MARGARET BURKE
WHITE.
No. 10 (Senate Resolution No. 112).
A RESOLUTION
Authorizing the conveyance of certain real property located in
Glynn County, Georgia, to Mrs. Margaret Burke White; and for other
purposes.
WHEREAS, from 1973 through 1980, the State of Georgia was
involved in litigation over the question of title to certain accreted land
on St. Simons Island, Georgia, seaward of the lots in East End
Subdivision; and
WHEREAS, by decisions of the Supreme Court of Georgia in
State v. Ashmore, 236 Ga. 401 (1976), and Lines v. State of
Georgia, 245 Ga. 390 (1980), it was determined that title to the
accreted land seaward of the lots in East End Subdivision belonged to
the owners of the individual lots and that such property was not
burdened with a recreational easement in favor of the public; and
WHEREAS, in 1974, as an altruistic effort to assist the state in
litigation of the public claims to the property, Mrs. Margaret Burke
White quitclaimed to the State of Georgia any and all right, title, and
interest which she might have in all the accreted land seaward of East
End Subdivision; and
WHEREAS, that quitclaim deed stated the desire of Mrs. White
that the accreted property should not be developed in any way, that
she be able to cross the property to gain access to the beach and the
ocean, and that the property be used for public purposes only; and
WHEREAS, since all the other accreted land is privately owned,
there is no longer any guarantee that it will all remain in its natural
state, it is not being used for public purposes only, and in fact some of
the accreted land is in the process of development; and
WHEREAS, the effect of the quitclaim deed from Mrs. White was
to convey to the State of Georgia a strip of land 50 feet wide extending
GEORGIA LAWS 1983 SESSION
593
from Mrs. Whites lot to the high water mark of the Atlantic Ocean a
distance of more than 600 feet; and
WHEREAS, such a narrow and small tract of land has little value
to the State of Georgia and cannot be effectively put to any use by the
State of Georgia, except to be left in its natural state; and
WHEREAS, conveyance to Mrs. White of a small portion of that
tract of land, 50 feet by 100 feet adjacent to her lot, will not diminish
the value to the public of the remainder of the tract.
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 Mrs. Margaret Burke White
a quitclaim deed to the following real property:
All that tract or parcel of land lying and being on St. Simons
Island, Glynn County, Georgia, being an extension of Lot 38 of East
End Subdivision, St. Simons Island, Georgia, in a southeastwardly
direction for 100 feet, as shown on a plat prepared by Biletzskov &
Associates, Inc., dated December 17,1982, which plat is incorporated
herein by reference, said tract being more particularly described
according to said plat as follows:
BEGINNING at an iron pin set on the easterly right-of-way of
Beach Drive (unopened 50-foot right-of-way), which point marks the
point of intersection of the easterly right-of-way of Beach Drive with
the northerly property line of Lot 38 as extended in a southeasterly
direction across Beach Drive; running thence south 48 degrees 44
minutes east 100 feet to an iron pin set; thence running south 40
degrees 07 minutes 14 seconds west 50.01 feet to an iron pin set on the
southerly property line of Lot 38 as extended in a southeasterly
direction across Beach Drive; running thence north 48 degrees 44
minutes west a distance of 100 feet to an iron pin set on the easterly
right-of-way of Beach Drive, which point is the intersection of the
easterly right-of-way of Beach Drive with the southerly property line
594
GENERAL ACTS AND RESOLUTIONS, VOL. I
of Lot 38 as extended in a southeasterly direction across Beach Drive;
running thence north 40 degrees 07 minutes 14 seconds east a
distance of 50.01 feet to the point of beginning.
Section 3. That the consideration for such quitclaim deed shall
be $1.00 and the significant contribution which was made by Mrs.
White to the State of Georgia.
Section 4. That the quitclaim deed include a provision prohib-
iting any construction seaward of a line parallel to and 78 feet seaward
of the easterly right-of-way of Beach Drive, as shown on the plat
referenced in the description of the property, which will be enforce-
able against all successors in title of Mrs. White.
Section 5. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 6. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 7. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 16,1983.
LAND CONVEYANCE TO MR. AND MRS.
FRANK J. BAIA, JR.
No. 11 (Senate Resolution No. 89).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Bartow County, Georgia, to Mr. and Mrs. Frank J. Baia, Jr.;
and for other purposes.
GEORGIA LAWS 1983 SESSION
595
WHEREAS, the State of Georgia is the owner of certain real
property located in the City of Kingston, Bartow County, Georgia;
and
WHEREAS, said real property is described as follows:
All or part of that certain tract or parcel of land containing
approximately Twenty (20) feet x Five Hundred and Ten (510) feet
(the exact dimension shall be provided for by the lessee of the W&A
Railroad) more or less situate, lying and being in the City of Kingston,
Georgia, and in Land Lot 231 of the 16th District, 3rd Section, of
Bartow County, Georgia, and being more particularly described as all
or part of Parcel No. 11 and Parcel No. 12 shown on Western and
Atlantic Railroad Valuation Map No. V2/27 which is filed in the
Georgia Department of Archives and History, Archives and Records
Building, Atlanta, Fulton County, Georgia.;
and
WHEREAS, the State of Georgia currently has the above-
described property leased to the Seaboard System Railroad until
December 31,1994; and
WHEREAS, Mr. and Mrs. Frank J. Baia, Jr., own property
adjoining the above-described real property; and
WHEREAS, Mr. and Mrs. Frank J. Baia, Jr., are desirous of
obtaining all of the above-described real property for access to their
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 Seaboard System Railroad, conveying its inter-
est in said property to the State of Georgia by appropriate instru-
ment.
596
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. That the above-described real property shall be sold
and conveyed by appropriate instrument to Mr. and Mrs. Frank J.
Baia, Jr., by the State of Georgia, acting by and through the State
Properties Commission, for a consideration to be determined by the
State Properties Commission and upon such further considerations
and provisions as directed by the State Properties Commission.
Section 4. That, for purposes of compliance with the provisions
of paragraph (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.
Section 5. That this resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval and in accordance with the provisions hereof.
Section 6. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 16,1983.
LAND CONVEYANCE TO THE CLAYTON COUNTY
BOARD OF EDUCATION.
No. 12 (Senate Resolution No. 83).
A RESOLUTION
Authorizing the conveyance of certain real property located in
Clayton County, Georgia; and for other purposes.
GEORGIA LAWS 1983 SESSION
597
WHEREAS, the Clayton County Board of Education deeded all of
the herein described real property, currently under the custody and
management of the Department of Human Resources; and
WHEREAS, the property is identified as being in Land Lots 16
and 17 of the 12th Land District of Clayton County, containing 4.013
acres, and more particularly described on a plat prepared by Lum,
Hall & Associates of Jonesboro, Georgia, for the Clayton County
Board of Education dated May 31,1974; and
WHEREAS, the Clayton County Board of Education has
requested that the above-described 4.013 acres of such property be
transferred back to the Clayton County Board of Education in order
to expand, operate, and maintain a vocational development center to
be used in the delivery of services to multihandicapped, retarded
citizens; and
WHEREAS, the above-described property is no longer needed by
the Department of Human Resources and was declared surplus by the
Board of Human Resources on July 21,1982.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA 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.
BE IT FURTHER RESOLVED that the State Properties Com-
mission is authorized to convey the above-described property to the
Clayton County Board of Education for a nominal consideration 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.
BE IT FURTHER RESOLVED that the State Properties Com-
mission is authorized and empowered to do all acts and things
necessary and proper to effect such conveyance.
BE IT FURTHER RESOLVED that this resolution shall become
effective immediately upon its approval by the Governor or upon its
becoming law without his approval.
598
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT FURTHER RESOLVED that all laws and parts of laws in
conflict with this resolution are repealed.
Approved March 16,1983.
PLAN OF OPERATION DEVELOPED BY DEPARTMENT
OF ADMINISTRATIVE SERVICES RATIFIED.
No. 14 (House Resolution No. 145).
A RESOLUTION
To adopt and ratify a temporary state plan of operation developed
by the Department of Administrative Services in conformity with
Section 203 (j) (4) (A) of the Federal Property and Administrative
Services Act of 1949, as amended by Section 1 of Public Law 94-519,
to serve as a permanent plan for the operation of the Federal Surplus
Property Program in this state; and for other purposes.
WHEREAS, Section 203 (j) (4) (A) of the Federal Property and
Administrative Services Act of 1949, as amended by Section 1 of
Public Law 94-519, states that before federal surplus property may be
donated to any state, said state shall develop, according to state law, a
detailed plan of operation developed in conformity with the provi-
sions of said federal statutes; and
WHEREAS, said federal statute requires legislative development
or adoption of the states temporary plan of operation in order for it to
become a permanent plan; and
WHEREAS, it is the desire of the State of Georgia to have a
permanent plan of operation as contemplated by federal law.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the temporary state plan of opera-
tion, as developed, be adopted and declared by the legislature as this
GEORGIA LAWS 1983 SESSION
599
states permanent plan for the administration of the federal surplus
property activities of this state.
BE IT FURTHER RESOLVED that in order to comply with
federal regulations this resolution be sent to the Governor and upon
his signature that same be submitted to the appropriate federal
administrator for approval.
Approved March 16,1983.
GOVERNORS EDUCATION REVIEW COMMISSION
CREATED.
No. 15 (Senate Resolution No. 11).
A RESOLUTION
Creating the Governors Education Review Commission so as to
provide for its composition; to provide for the powers and duties of
the commission; to provide for staff support for the commission; to
provide for expenditure of funds and the payment of expenses; to
provide for the expiration of the commission; to repeal conflicting
laws; and for other purposes.
WHEREAS, the State of Georgia must depend upon its system of
public education to ensure its further growth and development; and
WHEREAS, the quality of our system of public education trans-
lates directly into the quality of life for all Georgians; and
WHEREAS, there presently exists a critical need to review the
present methods of funding our system of public education and
develop ways to correct the inherent inequities that exist; and
WHEREAS, open communication between all segments of the
education community, teachers, administrators, school board mem-
600
GENERAL ACTS AND RESOLUTIONS, VOL. I
bers, legislators, parents, and members of the lay public is essential to
a sound school system; and
WHEREAS, there also presently exists a critical need to review
the present education that our children receive and to ensure that
they receive a basic, quality education that teaches the basic skills to
cope with our complex society.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. There is created the Governors Education Review
Commission, hereinafter referred to as the commission. The
Governor shall appoint as members of the commission such number
of citizens of Georgia, of recognized interest and expertise in the field
of education, as he deems advisable. He shall also appoint five
members of the House of Representatives and five members of the
Senate as members of the commission. The commission shall make a
report of its findings and recommendations, including proposed
legislation if any, to the Governor and all members of the General
Assembly on or before December 1,1984.
Section 2. The chairman of the commission shall be the Gover-
nor. The chairman shall appoint a vice-chairman who shall preside in
the absence of the chairman. The commission may elect from among
its membership such other officers as it deems advisable. The
commission may establish such quorum, attendance, and other rules
as it deems advisable.
Section 3. The members of the commission shall be entitled to
that expense allowance and travel cost reimbursement allowed by
Code Section 45-7-21 for members of boards and commissions. Any
commission member who is a state employee or a member of another
state agency or board will not be compensated by the commission for
travel or other expenditures for which a per diem or reimbursement is
made by the other state agency or board. The legislative members of
the commission shall receive the compensation, per diem, expenses,
and allowances authorized for legislative members of interim legisla-
tive committees.
Section 4. The commission shall conduct studies, research,
investigations, and surveys into all facets of public education. The
commission shall completely analyze and assess public education in
GEORGIA LAWS 1983 SESSION
601
Georgia, provide a consensus definition of what constitutes an ade-
quate education within the context of the State Constitution, and
define what constitutes a basic quality education. The commission
shall completely review our present method of funding public educa-
tion, devise a simple logical and flexible system of local education
grants, and devise allocation formulas for state funding that recog-
nizes that the cost of educating some students is more than the
average cost of educating others. The commission shall study and
develop methods to ensure that open communications exist between
all components of the education system. The commission is further
authorized to conduct meetings 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 fully and
adequately to exercise its powers, perform its duties, and accomplish
the objectives and purposes of this resolution.
Section 5. Staff support for the commission shall be provided by
the office of the Governor with assistance from the Department of
Education, the Board of Regents of the University System of Georgia,
and the Office of Planning and Budget. The chairman, with the
advice and consent of the commission, may employ such other full or
part-time clerical, professional, legal, technical, and other personnel
as may be deemed necessary and may fix the compensation therefor.
The chairman, with the advice and consent of the commission, is also
authorized to contract with consultant, research, and professional
firms, institutions, or agencies for the making of studies and the
gathering of such information as the commission may deem neces-
sary.
Section 6. The commission and its duly authorized agents are
empowered to inspect and study the records, books, and other docu-
ments of all agencies and institutions of public education, both state
and local, and at all levels thereof; and it shall be the duty of such
agencies and institutions and all officials, employees, and agents
thereof to assist and cooperate with the commission in the perfor-
mance of its duties.
Section 7. The chairman of the commission may designate and
appoint committees to perform such functions as he may determine
to be necessary. The commission may, either by itself or through such
committees, hold hearings, conduct investigations, and take any other
action necessary or desirable to collect data and obtain information.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. The commission shall stand abolished January 1,
1985, and this resolution shall stand repealed on January 1,1985.
Section 9. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 16,1983.
FINANCIAL INSTITUTIONS CODE AMENDED.
Code Title 7, Chapter 1 Amended.
No. 255 (Senate Bill No. 162).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, relating to financial institutions, so as to authorize the
Department of Banking and Finance to suspend from office any
director, officer, or employee of any financial institution who shall
have been indicted for any crime involving moral turpitude or breach
of trust or who shall have filed bankruptcy in an individual capacity
or in the name of any majority owned corporate interest; to provide
that Saturday shall not be construed as a business day under certain
conditions; to provide for the deferral of any business conducted on
Saturday if all business is deferred in accordance with a resolution
adopted by the board of directors; to provide for notification to the
customers of any financial institution adopting a deferral policy; to
authorize credit unions to establish uniform business hours and days
consistent with the needs of their membership; to authorize reimburs-
ement for certain costs incurred on behalf of a customer pursuant to a
lawful subpoena, summons, warrant, garnishment, attachment, or
court order where the financial institution is not a party to the action;
to provide for the deduction for reimbursement prior to the remission
of funds in response to a garnishment or attachment; to provide that
rates and conditions for reimbursement shall be prescribed by regula-
GEORGIA LAWS 1983 SESSION
603
tions of the department; to provide that a bank or trust company shall
have and exercise all powers necessary or convenient to effect any and
all purposes for which the bank or trust company is organized
consistent with the objectives of the financial institutions law and
regulations of the department; to provide that the aggregate amount
of acceptances on behalf of one customer shall not at any one time
exceed more than 15 percent of the statutory capital base of the bank;
to provide that a bank shall not at any time make loans to any one
person or corporation or have obligations owing to it from any one
person or corporation where the aggregate of said loans or obligations
together exceeds 15 percent of the statutory capital base of the bank
unless approved in advance by the board of directors or a committee
authorized to act for the board; to provide that a bank shall not
directly or indirectly make loans to any one person or corporation
which in the aggregate exceed 15 percent of the statutory capital base
of the bank unless the entire amount of such loans is secured by good
collateral or other ample security and does not exceed 25 percent of
the statutory capital base; to provide that the lending restrictions
shall not apply to obligations arising from the purchase or discount of
drafts drawn in good faith against actually existing values or commer-
cial or business paper actually owned by the person negotiating the
paper to the extent of 25 percent of the statutory capital base of the
bank or to obligations arising from the bona fide purchase of commer-
cial or business paper taken in sale or service transactions incident to
a business where the party to whom the goods or services are provided
is obligated on the paper; to provide that a bank may acquire and hold
for its own account shares of stock of a banking institution principally
engaged in providing banking or other financial services to other
depository financial institutions and whose ownership consists solely
of such depository financial institutions; to authorize a bank to own
stock in a corporation organized to carry out powers enumerated in
Code Section 7-1-261; to authorize the ownership of stock by a bank
in an export-import company; to authorize a bank to accept bank
letters of credit in lieu of the statutory bond or pledge of assets in the
discretion of the accepting party; to provide that the provisions of
Chapter 1 of Title 7 shall be applicable to the management and
corporate affairs of any state savings and loan association; to autho-
rize a trust company or financial institution with fiduciary powers to
purchase securities underwritten by a syndicate which includes the
financial institution or an affiliate under certain conditions; to autho-
rize the department to waive the normal convenience and needs
consideration in the approval of a special purpose bank which does
not generally do a banking business with the public; to increase the
604
GENERAL ACTS AND RESOLUTIONS, VOL. I
unsecured loan limit for directors and policy-making officers of a
bank; to clarify the information which must be contained in an
amendment to the articles; to provide that articles of amendment
shall be filed with the Secretary of State as soon as possible with a
copy of the publishers affidavit as proof of publication of the
advertisement required by law; to eliminate the population limits on
branch banking; to authorize a bank holding company and its subsidi-
ary bank with a trust department to spin off the trust department
into a separate trust company subsidiary; to authorize a bank not
offering trust services to contract with a bank exercising trust powers
to provide for the latter bank to offer trust services through the
branches and offices of the former bank; to clarify the law governing
the process of establishing and changing the field of membership of a
credit union and to provide for the maintenance of this information in
the official records of the Secretary of State; to equalize the restrict-
ions on share draft accounts offered by state-chartered credit unions
with those of federal credit unions; to correct an editorial error
relating to willfully engaging in the business of a credit union; to
correct an editorial error governing fees payable to the Secretary of
State; 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 1 of Title 7 of the Official Code of Georgia
Annotated, relating to financial institutions, is amended by striking
subsection (a) of Code Section 7-1-71, relating to the removed of
officers, directors, or employees, in its entirety and substituting in
lieu thereof a new subsection (a) to read as follows:
(a) The department shall have the right to require the immedi-
ate suspension from office of any director, officer, or employee of any
financial institution who shall be found by it to be dishonest, incom-
petent, or reckless in the management of the affairs of the financial
institution or persistently to have violated the laws of this state or the
lawful orders or regulations of the department, who shall have been
indicted for any crime involving moral turpitude or breach of trust, or
who shall have filed for protection from creditors under the bank-
ruptcy laws of this state or the United States either in an individual
capacity or in the name of any majority owned corporate interest.
Section 2. Said chapter is further amended by striking Code
Section 7-1-110, relating to permissive closing days, in its entirety and
GEORGIA LAWS 1983 SESSION
605
substituting in lieu thereof a new Code Section 7-1-110 to read as
follows:
7-1-110. Any financial institution may remain closed one day
each week in addition to Sundays and other legal holidays; and any
act authorized, required, or permitted to be performed at or by any
such financial institution on a day when it is closed may be performed
on the next succeeding business day; and no liability or loss of rights
of any kind shall result from the delay. Saturday shall not be
construed to be a business day and any business conducted on
Saturday may be deferred to the next succeeding business day,
provided such deferral is applicable to all business conducted by said
financial institution on that day and is in accordance with a resolution
adopted by the board of directors of the institution. Customers of any
financial institution adopting such a deferral policy shall be notified
of any such deferral of business by prominent notice posted in the
lobby of the financial institution and by circularization in regular
statement mailings at least 30 days prior to the effective date of any
such deferral policy. Any financial institution changing its permissive
closing day, temporarily or otherwise, shall post a notice of the change
and the effective date thereof in a conspicuous place at each location
affected by the change at least 30 days preceding the date of the
change. Notwithstanding the foregoing, credit unions serving a
limited membership base may establish uniform business hours and
days consistent with the needs of their membership.
Section 3. Said chapter is further amended by adding a new Part
11 at the end of Article 1, relating to provisions applicable to
Department of Banking and Finance and financial institutions gener-
ally, to read as follows:
Part 11
7-1-237. Any financial institution shall be reimbursed for costs
which are reasonably necessary and which have been directly incur-
red in searching for, reproducing, or transporting books, papers,
records, or other data of a customer required or requested to be
produced pursuant to a lawful subpoena, summons, warrant, garnish-
ment, attachment, or court order where the financial institution is not
a party to the action. In the case of a garnishment or attachment of
funds held by the financial institution, such reimbursement may be
deducted prior to remission of such funds in response to the garnish-
ment or attachment. Rates and conditions under which reimburs-
606
GENERAL ACTS AND RESOLUTIONS, VOL. I
ement may be made shall be prescribed by regulations of the depart-
ment.
Section 4. Said chapter is further amended by striking para-
graph (10) of Code Section 7-1-261, relating to additional operational
powers, in its entirety and substituting in lieu thereof a new para-
graph (10) to read as follows:
(10) To have and exercise all powers necessary or convenient to
effect any and all purposes for which the bank or trust company is
organized and to carry on a banking or trust business consistent with
the objectives of this chapter and the regulations of the department.
Section 5. Said chapter is further amended by striking subsec-
tion (b) of Code Section 7-1-284, relating to acceptances, in its
entirety and substituting in lieu thereof a new subsection (b) to read
as follows:
(b) The aggregate amount of acceptances under subsection (a)
of this Code section shall not at any time exceed, for all such
acceptances on behalf of one customer, 15 percent of the statutory
capital base of the bank, exclusive of any acceptance secured by
documents of title or other security growing out of the same trans-
action as the acceptance.
Section 6. Said chapter is further amended by striking Code
Section 7-1-285, relating to the limits on obligations of one person or
corporation, in its entirety and substituting in lieu thereof a new Code
Section 7-1-285 to read as follows:
7-1-285. (a) A bank shall not at any time:
(1) Make loans to any one person or corporation; or
(2) Have obligations owing to it from any one person or
corporation as a result of purchasing or discounting evidences of
indebtedness or agreements for the payment of money,
where the aggregate of said loans and obligations together exceeds
15 percent of the statutory capital base of the bank unless each loan,
discount, or purchase transaction in excess of said 15 percent limit is
approved in advance by the board of directors or a committee
authorized to act for it.
GEORGIA LAWS 1983 SESSION
607
(b) Except as provided in subsection (c) of this Code section, a
bank shall not directly or indirectly make loans to any one person or
corporation which in aggregate exceed 15 percent of the statutory
capital base of the bank unless the entire amount of such loans is
secured by good collateral or other ample security and does not
exceed 25 percent of the statutory capital base. Except as otherwise
indicated in subsection (c) of this Code section, the purchase or
discount of agreements for the payment of money or evidences of
indebtedness shall be regarded as indirect loans to the person or
corporation receiving the proceeds of such transactions. In estimat-
ing loans to any individual person, all amounts loaned to firms and
partnerships of which he is a member shall be included.
(c) The limitations of subsection (b) of this Code section shall
not apply to:
(1) Obligations arising from the purchase or discount of
drafts drawn in good faith against actually existing values or
commercial or business paper actually owned by the person nego-
tiating the paper to the extent of 25 percent of the statutory
capital base of the bank;
(2) Obligations arising from the bona fide purchase of com-
mercial or business paper, subject to restrictions which the
department may impose by regulation, taken in sale or service
transactions incident to a business where the party to whom the
goods or services are provided is obligated on the paper;
(3) Obligations in the form of bona fide loans upon the
security of agricultural, manufactured, or industrial products or
livestock (or documents of title covering such property) for which
there is a ready sale in open market, provided no more than 80
percent of the market value of such products is loaned or advanced
thereon, the bank has the right to demand additional collateral to
maintain this ratio and does so maintain it, and the banks interest
in such collateral is fully protected by insurance against loss by
fire and other standard hazards; and provided, further, that such
obligations shall qualify for exemption for not more than ten
months if secured by nonperishable staples and for not more than
six months if secured by frozen or refrigerated staples;
(4) Obligations of and obligations guaranteed by:
608
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) The United States;
(B) The State of Georgia or a public body thereof
authorized to levy taxes; or
(C) Any state of the United States or any public body
thereof if the obligations or guarantees are general obliga-
tions;
(5) Obligations to the extent secured by:
(A) Obligations specified in paragraph (6) of this sub-
section;
(B) Obligations which the bank would be authorized to
acquire without limit as investment securities pursuant to
Code Section 7-1-287;
(C) Obligations fully guaranteed by the United States;
(D) Guaranties or commitments or agreements to take
over or purchase made by any public body of the United
States or any corporation owned directly or indirectly by the
United States; or
(E) Loan agreements between a local public agency or a
public housing agency and an instrumentality of the United
States pursuant to national housing legislation under which
funds will be provided for payment of the obligations secured
by such loan agreements;
(6) Obligations in the form of investment securities
acquired pursuant to Code Section 7-1-287;
(7) Obligations with respect to acceptances under Code
Section 7-1-284; and
(8) Obligations with respect to the sale of federal or corre-
spondent funds to financial institutions having their deposits
insured to the same extent as that required of similar institutions
chartered in this state.
GEORGIA LAWS 1983 SESSION
609
(d) The department may, by regulation not inconsistent with
this Code section, prescribe definitions of and requirements for
transactions included in or excluded from the indebtedness to which
this Code section applies. In addition, the department may, by
regulation or otherwise, specify that the liabilities of a group of one or
more persons or corporations or both shall be considered as owed by
one person or corporation for the purposes of this Code section
because the group relies substantially on a common source for the
payment of its obligations or makes common use of funds received by
it.
Section 7. Said chapter is further amended by striking subpara-
graphs (E) and (F) of paragraph (2) of subsection (c) of Code Section
7-1-288, relating to corporate stock and securities, in their entirety
and substituting in lieu thereof new subparagraphs (E) and (F) to
read as follows:
(E) (i) A banking institution principally engaged in foreign or
international banking or banking in a dependency or insular
possession of the United States, either directly or through the
agency, ownership, or control of local institutions in foreign coun-
tries or in such dependencies or insular possessions, including the
stock of one or more corporations existing pursuant to Section
25(a) of the Federal Reserve Act, provided that, before a bank may
purchase a majority interest in any such banking institution, it
shall enter into an agreement with the department to restrict its
operations in such manner as the department may prescribe; and
provided, further, that, if the department determines that said
restrictions have not been complied with, it may order the disposi-
tion of said stock upon reasonable notice; or
(ii) A banking institution solely engaged in providing bank-
ing or other financial services to depository financial institutions
in this state and whose ownership consists solely of such deposi-
tory financial institutions;
(F) A corporation engaged in functions or activities that the
bank or trust company is authorized to carry on, including, but not
limited to, conducting a safe-deposit business, holding real estate that
may be held by the bank or trust company, promoting and facilitating
international trade and commerce, or exercising powers incidental to
the banking business as provided in paragraph (10) of Code Section 7-
1-261; and.
610
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said chapter is further amended by adding a new
subsection (d) at the end of Code Section 7-1-290, relating to powers
as surety or guarantor, to read as follows:
(d) Notwithstanding other provisions of law to the contrary,
irrevocable letters of credit issued by banks domiciled in this state
may, in the discretion of the party in whose favor such irrevocable
letter of credit is issued, be accepted in lieu of any bond, surety, or
pledge of assets required by the laws of this state or regulations
promulgated pursuant to sucb laws.
Section 9. Said chapter is further amended by adding a new
subsection (f) at the end of Code Section 7-1-293, relating to savings
banks and state savings and loan associations, to read as follows:
(f) Unless otherwise provided, Parts 7 through 16 of Article 2 of
this chapter shall be applicable to the management and corporate
affairs of any state savings and loan association.
Section 10. Said chapter is further amended by adding a new
Code Section 7-1-314 at the end of Part 4 of Article 2, relating to
powers of trust companies, to read as follows:
7-1-314. A trust company or a financial institution with fidu-
ciary powers may, in its fiduciary capacity, purchase securities under-
written by a syndicate which includes the financial institution or an
affiliate of the financial institution, provided such purchase is other-
wise prudent and not prohibited by the instrument governing the
fiduciary relationship.
Section 11. Said chapter is further amended by adding a new
subsection (c) at the end of Code Section 7-1-394, relating to invest-
igations and approvals and disapprovals by the department, to read
as follows:
(c) Nothing contained in this Code section or in Code Section
7-1-608 shall limit the authority of the department to approve the
organization of a special purpose bank or trust company which does
not do a general banking business with the public but is organized for
the purpose of conducting a limited banking business which facili-
tates the economic, commercial, and export-import trade growth of
this state.
GEORGIA LAWS 1983 SESSION
611
Section 12. Said chapter is further amended by striking subsec-
tion (a) of Code Section 7-1-491, relating to financing involving
directors or officers, in its entirety and substituting in lieu thereof a
new subsection (a) to read as follows:
(a) Except as provided in subsection (b) of this Code section, a
bank or trust company shall not make loans or otherwise extend
financing to one of its directors or policy-making officers which in
aggregate amount exceeds the principal sum of $25,000.00.
Section 13. Said chapter is further amended by striking Code
Section 7-1-512, relating to execution, contents, filing, and effect of
articles of amendment, in its entirety and substituting in lieu thereof
a new Code Section 7-1-512 to read as follows:
7-1-512. (a) Upon the adoption of an amendment, articles of
amendment shall be signed by two duly authorized officers of the
bank or trust company under its seal and shall contain:
(1) The name of the bank or trust company;
(2) The city and county of its registered office;
(3) Whether it was incorporated with banking or trust
powers or both;
(4) The time and place of the meeting of shareholders at
which the shareholders approved the resolution of the board of
directors, as originally proposed or as amended, and the kind and
period of notice given to the shareholders;
(5) The number of shares entitled to vote on the amend-
ment and, if the shares of any class are entitled to vote as a class,
the number of shares of each such class;
(6) The number of shares voted for and against the amend-
ment and, if shares of any class are entitled to vote as a class, the
number of shares of each such class voted for and against the
amendment; and
(7) The amendment adopted, which shall be set forth in full.
612
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The articles of amendment shall be filed with the Secretary
of State in triplicate together with:
(1) The fee required by Code Section 7-1-862; and
(2) As soon as possible, a publishers affidavit as proof of
publication of the advertisement required by Code Section 7-1-
513.
The filing of articles of amendment shall constitute an application
for a certificate of amendment. If the articles of amendment involve a
change in the name of a bank or trust company, it shall reserve the
proposed new name under the procedures of Code Section 7-1-131.
Section 14. Said chapter is further amended by striking subsec-
tion (c) of Code Section 7-1-602, relating to bank offices and bank
facilities, in its entirety and substituting in lieu thereof a new
subsection (c) to read as follows:
(c) (1) Application for a permit to establish either a bank
office or a bank facility shall be made to the department in such
form as it may prescribe by regulation from time to time. The
department shall exercise its discretion in its consideration of the
application; but the department shall not approve the application
until it has ascertained to its satisfaction that the public need and
advantage will be promoted by the establishment of the proposed
bank office or bank facility according to the same criteria of
examination and determination provided in Code Section 7-1-394.
(2) The department may, in its discretion, to accommodate
the public need and advantage of each locality, consider an
application for a bank office as an application for a bank facility,
or vice versa; and it may, in the exercise of its discretion, to
accommodate the public need and advantage, determine the
amount of funds which may be committed for the construction of
each bank office or bank facility, whether by outright expenditure
or by long-term lease contract, or by creation of, or utilization of, a
real estate holding company. Within 90 days after the filing of an
application for a permit to establish a bank office or bank facility,
the department shall issue under its seal a certificate approving or
disapproving the application for a permit, which determination
shall be final as to that application, except that it may be subject
to judicial review as provided in Code Section 7-1-90.
GEORGIA LAWS 1983 SESSION
613
Section 15. Said chapter is further amended by striking Code
Section 7-1-608, relating to unlawful acquisitions by bank holding
companies, in its entirety and substituting in lieu thereof a new Code
Section 7-1-608 to read as follows:
7-1-608. On and after July 1,1976, it shall be unlawful for any
bank holding company, as defined in this part, to acquire direct or
indirect ownership or control of any voting shares of any bank if, after
such acquisition, such bank holding company will directly or indi-
rectly own or control 5 percent or more of the voting shares of such
bank unless such bank has been in existence and continuously
operating as a bank for a period of five years or more prior to the date
of application to the commissioner for approval of such acquisition;
provided, however, that nothing in this Code section shall prohibit a
bank holding company from acquiring all or substantially all of the
shares of a bank or trust company organized solely for the purpose of
facilitating acquisition of a bank, or the trust department of a bank,
which has been in existence and continuously operating as a bank or
exercising trust powers for such period; provided, further, that noth-
ing in this Code section shall prohibit the acquisition of all or
substantially all of the voting shares of one bank by a bank holding
company organized for the purpose of acquiring all or substantially all
of the voting shares of such bank and owning no voting shares of any
other bank.
Section 16. Said chapter is further amended by adding a new
Code Section 7-1-612 at the end of Part 18 of Article 2, relating to
branch banks, offices, facilities, and holding companies, to read as
follows:
7-1-612. Notwithstanding any other provisions of this part to
the contrary, any bank which does not exercise trust powers as
provided in this chapter, whether or not such powers have been
incorporated into its articles, may, with the consent of the depart-
ment, contract with any bank exercising trust powers to provide for
the latter bank to offer trust services through the branches and offices
of the former bank.
Section 17. Said chapter is further amended by striking subsec-
tion (b) of Code Section 7-1-632, relating to approval or disapproval
of credit union certificates of incorporation by the department, in its
entirety and substituting in lieu thereof a new subsection (b) to read
as follows:
614
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) If the department determines to its satisfaction that the
proposed credit union meets the criteria set forth above, it shall,
within 90 days from receipt of the articles and in compliance with
Code Section 7-1-631, send written approval of the articles to the
Secretary of State after making such changes in the articles or bylaws
consistent with this article and with the consent of the subscribers
that it deems appropriate. Such approval shall indicate any changes
made to the articles including changes from the proposed field of
membership. If the department shall disapprove the articles, the
procedures of subsection (b) of Code Section 7-1-635 shall be fol-
lowed.
Section 18. Said chapter is further amended by adding a new
subsection (c) at the end of Code Section 7-1-634, relating to amend-
ments of credit union articles and bylaws, to read as follows:
(c) The department shall file with the Secretary of State any
amendment to the bylaws of a credit union which changes the field of
membership proposed in the original articles or as subsequently
amended.
Section 19. Said chapter is further amended by striking subsec-
tion (a) of Code Section 7-1-670, relating to the authority of credit
unions to offer third-party payment services, in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) Any credit union may apply to the department for permis-
sion to offer third-party payment services to its members. The
department shall exercise its discretion in determining whether to
approve such request but shall not grant its approval until it is
satisfied that:
(1) The convenience and need of the membership will be
served by the proposed change;
(2) There is reasonable promise of adequate support of the
program in light of:
(A) The competition offered by existing financial insti-
tutions;
(B) The financial history of the credit union and its
membership; and
GEORGIA LAWS 1983 SESSION
615
(C) The opportunities for profitable employment of
depositors funds as indicated by the average demand for
credit, the number of potential depositors, the volume of
transactions, and stability of the common bond;
(3) The managerial resources, internal controls, and operat-
ing procedures of the credit union are sufficient to administer the
program in a safe and sound manner; and
(4) The capital and reserves of the credit union are ade-
quate in light of current economic conditions and asset quality of
the credit union.
Section 20. Said chapter is further amended by striking sub-
paragraph (C) of paragraph (3) of subsection (a) of Code Section 7-1-
845, relating to miscellaneous felonies and when punishable as misde-
meanors, in its entirety and substituting in lieu thereof a new sub-
paragraph (C) to read as follows:
(C) A credit union in violation of Code Section 7-1-633;.
Section 21. Said chapter is further amended by striking Code
Section 7-1-862, relating to fees to be paid to the Secretary of State, in
its entirety and substituting in lieu thereof a new Code Section 7-1-
862 to read as follows:
7-1-862. The Secretary of State shall charge and collect the
following fees in connection with the filing of the designated docu-
ments:
Articles of incorporation, amendment, merger, con-
solidation, conversion, or dissolution of a bank or
trust company............................$ 100.00
Articles of incorporation of a credit union. 10.00
Articles of amendment of a credit union..... 10.00
Approved articles of a business development corpo-
ration or amendments thereto..... 15.00
616
GENERAL ACTS AND RESOLUTIONS, VOL. I
Approved articles of a building and loan association
or amendments thereto.......................... 15.00
Application to reserve a name for a financial institu-
tion and to renew a reservation............ 3.00
Section 22. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 23. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 16,1983.
LIFE INSURANCE POLICY LOAN INTEREST
RATES, ETC.
Code Section 33-25-3.1 Enacted.
No. 256 (Senate Bill No. 163).
AN ACT
To amend Chapter 25 of Title 33 of the Official Code of Georgia
Annotated, relating to life insurance, so as to provide for policy loan
interest rates on certain life insurance policies; to provide for defini-
tions; to provide for construction and applicability; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 25 of Title 33 of the Official Code of Georgia
Annotated, relating to life insurance, is amended by adding a new
Code section immediately following Code Section 33-25-3, to be
designated Code Section 33-25-3.1, to read as follows:
GEORGIA LAWS 1983 SESSION
617
33-25-3.1. (a) As used in this Code section, the term:
(1) Policy means a contract of life insurance, a life benefit
certificate issued by a fraternal benefit society, or an annuity
contract.
(2) Policyholder means the owner of the policy or the
person designated on the records of the company as the person
responsible to pay the premiums.
(3) Policy loan means a cash loan or a premium loan made
by an insurer on a policy in accordance with the provisions of this
title.
(4) Policy loan interest rate means the interest rate
charged on a policy loan made in accordance with the provisions of
this title including the interest rate charged on reinstatement of a
policy loan for the period during and after any lapse of the policy.
(5) Published monthly average means:
(A) Moodys Corporate Bond Yield Average
Monthly Average Corporates as published by Moodys
Investors Service, Inc., or by any successor thereto; or
(B) In the event that Moodys Corporate Bond Yield Aver-
age Monthly Average Corporates, or any successor thereto,
is no longer published, published monthly average means
any substantially similar average which the Commissioner
shall, by rule or regulation, designate to be used in its place.
(b) No policy of life insurance which provides for policy loans
shall be issued, delivered, or issued for delivery in this state on or after
July 1,1983, unless it contains one of the following provisions relating
to policy loan interest rates:
(1) A provision permitting a specified rate of interest on
policy loans, not to exceed 8 percent per annum, in accordance
with the provisions of paragraph (5) of subsection (a) of Code
Section 33-25-3 and the rules and regulations promulgated by the
Commissioner pursuant thereto; or
618
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) A provision permitting an adjustable maximum policy
loan interest rate established from time to time by the insurer in
accordance with subsection (c) of this Code section.
(c) If the policy provides for an adjustable maximum policy loan
interest rate as allowed under paragraph (2) of subsection (b) of this
Code section, the insurer shall also be required to comply with the
following requirements:
(1) The policy loan interest rate charged shall not exceed
the higher of the following:
(A) The published monthly average for the calendar
month ending two months before the date on which the rate is
determined; or
(B) The rate used to calculate the cash surrender values
under the policy during the applicable period plus 1 percent
per annum.
(2) The policy shall contain a provision setting forth the
frequency at which the policy loan interest rate is to be deter-
mined for that policy;
(3) The maximum policy loan interest rate for each policy
must be determined at regular intervals at least once every 12
months, but not more frequently than once in any three-month
period;
(4) At the intervals specified in the policy:
(A) The policy loan interest rate being charged may be
increased whenever such increase as determined by this Code
section would increase the policy loan interest rate by 1/2
percent or more per annum; and
(B) The policy loan interest rate being charged must be
reduced whenever such reduction as determined in this Code
section would reduce the policy loan interest rate by 1/2
percent or more per annum;
(5) The insurer shall:
GEORGIA LAWS 1983 SESSION
619
(A) Notify the policyholders, at the time a cash loan is
made, of the initial policy loan interest rate applicable to the
loan;
(B) Notify the policyholder who makes a premium loan
of the initial policy loan interest rate as soon as it is reason-
ably practical to do so after the making of the initial loan.
Notice need not be given to the policyholder when a further
premium loan is made unless there is an increase in the policy
loan interest rate, in which case notice shall be given in
accordance with subparagraph (C) of this paragraph;
(C) Send policyholders with policy loans reasonable
advance notice of any increase in the policy loan interest rate;
and
(D) Include in the notice required to be sent under
subparagraph (C) of this paragraph a statement concerning
the applicable policy loan interest rate and the frequency at
which such rate is determined; and
(6) A statement concerning the applicable policy loan inter-
est rate and the frequency at which such rate is determined shall
be included in the policy.
(d) Notwithstanding any provisions of this title which might be
construed to the contrary, no policy shall terminate in a policy year as
the sole result of a change in the interest rate during that policy year
and the life insurer shall maintain coverage during that policy year
until the time at which it would otherwise have terminated if there
had been no change during that policy year.
(e) Notwithstanding any provisions of the laws of this state
which might be construed to the contrary, the maximum rate of
interest which may be charged on a policy loan shall be governed
exclusively by the provisions of this Code section unless such other
laws are specifically made applicable to policy loans.
(f) No insurer shall be permitted to issue policies with adjustable
maximum policy loan interest rates as allowed under paragraph (2) of
subsection (b) of this Code section unless such insurer also makes
available policies, which may or may not be on the same type of policy
form, with specified rates of interest on policy loans in accordance
620
GENERAL ACTS AND RESOLUTIONS, VOL. I
with the provisions of paragraph (1) of subsection (b) of this Code
section.
(g) The provisions of this Code section shall not apply to any
policy issued before July 1, 1983, unless the policyholder agrees in
writing to the applicability of such provisions in accordance with such
requirements as may be established by the Commissioner.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
TRAFFICKING IN ILLEGAL DRUGS PUNISHMENT.
Code Section 16-13-31 Amended.
No. 257 (Senate Bill No. 194).
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 the drug
methaqualone; to prescribe mandatory minimum terms of impris-
onment for certain violations thereof; to authorize the district attor-
ney to move to reduce or suspend the sentence of certain persons; to
authorize the judge hearing the motion to reduce or suspend the
sentence of such persons; 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 by striking subsections (d) and (e) of said Code
GEORGIA LAWS 1983 SESSION
621
section in their entirety and substituting in lieu thereof new subsec-
tions (d) and (e) to read as follows:
(d) Any person who knowingly sells, manufactures, delivers or
brings into this state 200 grams or more of methaqualone or of any
mixture containing methaqualone, as described in paragraph (5) of
Code Section 16-13-25, 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 200 grams or more, but less than 400 grams, the person
shall be sentenced to a mandatory minimum term of impris-
onment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone 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.
(e) (1) Except as provided in paragraph (2) of this subsection
and notwithstanding Code Section 16-13-2, with respect to any
person who is found to have violated this Code section, adjudica-
tion 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.
(2) The district attorney may move the sentencing court to
impose a reduced or suspended sentence upon any person who is
convicted of a violation of this Code section and who provides
substantial assistance in the identification, arrest, or conviction of
any of his accomplices, accessories, coconspirators, or principals.
Upon good cause shown, the motion may be filed and heard in
camera. The judge hearing the motion may impose a reduced or
suspended sentence if he finds that the defendant has rendered
such substantial assistance.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
622
GENERAL ACTS AND RESOLUTIONS, VOL. I
ASSISTANT DISTRICT ATTORNEYS CREDIT
FOR PRIOR STATE SERVICE.
Code Section 15-18-14 Amended.
No. 258 (Senate Bill No. 207).
AN ACT
To amend Code Section 15-18-14 of the Official Code of Georgia
Annotated, relating to staff for district attorneys, so as to provide that
certain prior state employment of an assistant district attorney shall
be considered as prior employment as an assistant district attorney
for purposes of computing his or her compensation; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-18-14 of the Official Code of Georgia
Annotated, relating to staff for district attorneys, is amended by
adding at the end of subsection (b) a new paragraph, to be designated
paragraph (7), to read as follows:
(7) In computing the maximum salary authorized for each
assistant district attorney, there shall be added to his or her period of
service as an assistant district attorney a period of time equal to any
period during which the assistant district attorney was previously an
employee of the Department of Law of the State of Georgia or the
Prosecuting Attorneys Council of the State of Georgia, if he or she
was a member of the State Bar of Georgia during such prior period of
employment. The anniversary date of appointment of any such
assistant district attorney may be adjusted to reflect credit for any
partial year of service allowed by this paragraph.
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.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
623
SAPELO ISLAND HERITAGE AUTHORITY ACT.
Code Title 12, Chapter 3 Amended.
No. 259 (Senate Bill No. 255).
AN ACT
To amend Article 7 of Chapter 3 of Title 12 of the Official Code of
Georgia Annotated, relating to public authorities, by adding immedi-
ately following Part 6 a new part to be designated Part 7, so as to
create the Sapelo Island Heritage Authority; to provide for a short
title; to provide for legislative findings, determinations, and a decla-
ration of charitable and public purpose; to provide for definitions; to
designate the authority as an instrumentality of the state, a public
corporation, and a public authority; to provide for contracts, suit, and
no waiver of rights; to provide for the duration of the authoritys
existence; to provide that the authority is not the State of Georgia or
an agency thereof; to provide for an assignment for administrative
purposes; to provide for the membership and officers of the authority;
to provide for no compensation; to provide for a quorum, voting,
meetings, and minutes; to provide for powers and duties of the
authority; to provide for inclusion of the authority in paragraph (1) of
Code Section 50-16-120 and exclusion of the authority in paragraph
(1) of subsection (a) of Code Section 50-16-122; to provide that there
shall be no adverse possession or prescription against the authority or
the property of the authority; to provide for the accountability of the
members as trustees; to provide for the maintenance of financial
records and books; to provide for audits; to provide for tax exemp-
tions and protection of the property, facilities, etc., of the authority;
to provide for legal services; to provide for venue and jurisdiction; to
provide for a liberal construction; 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 7 of Chapter 3 of Title 12 of the Official Code
of Georgia Annotated, relating to public authorities, is amended by
adding immediately following Part 6 a new part to be designated Part
7, to read as follows:
624
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 7
12-3-440. This part may be cited as the Sapelo Island Heritage
Authority Act.
12-3-441. (a) It is found, determined, and declared that:
(1) There is an urgent public need to preserve important
and endangered historical areas in Georgia for the benefit of
present and future generations;
(2) Many historical areas, because of Georgias rapid pro-
gress over the past decade, have been altered and their value as a
part of our heritage lost, and the few such remaining areas are in
danger of being irreparably altered;
(3) Black culture is an important component of the history
of Georgia;
(4) The State of Georgia possesses a rich heritage of black
culture in its architectural, historical, and archaeological resources
associated with the life and culture of black Georgians;
(5) There exists on Greater Sapelo Island in McIntosh
County, Georgia, a black community known as Hog Hammock
which is composed primarily of the direct descendants of the
slaves of Thomas Spalding, a prior landowner on Greater Sapelo
Island, and the community rests on the grounds of the former
Spalding Plantation;
(6) This community is the last community of its kind in the
State of Georgia;
(7) The Hog Hammock community and many of the build-
ings and structures located therein date back to the mid-nine-
teenth century;
(8) It is important to the citizens of the State of Georgia that
this community, which reflects the past culture of this state, be
preserved for the benefit of present and future generations;
(9) The best and most important use of this area of Greater
Sapelo Island, now occupied by members of the Hog Hammock
GEORGIA LAWS 1983 SESSION
625
community, is to permit said community to remain, as it currently
exists, a historic community; and
(10) In order to further the preservation of the cultural and
historic values of the said community, the establishment and
performance of the Sapelo Island Heritage Authority under this
part is in the best interest of all Georgians.
(b) In accordance with the findings, determinations, and decla-
rations of subsection (a) of this Code section, it is declared that the
creation of the Sapelo Island Heritage Authority and the carrying out
of its corporate purposes are in all respects valid charitable and public
purposes within the provisions of the Constitution of Georgia in that
the preservation of the culture in this endangered historical area, as it
currently exists, is important to present and future generations of
Georgians.
12-3-442. As used in this part, the term:
(1) Agency means any agency, board, commission, or
department within the executive branch of the state government
of Georgia.
(2) Authority means the Sapelo Island Heritage Authority.
12-3-443. (a) There is created a body corporate and politic to
be known as the Sapelo Island Heritage Authority, which shall be
deemed to be an instrumentality of the state, a public corporation,
and a public authority, and by that name, style, and title may contract
and be contracted with, sue in all courts and be sued in the Superior
Court of Fulton County, Georgia, as provided in Code Section 12-3-
451 of this part. The authority shall have all the rights afforded the
state by virtue of the Constitution of the United States and nothing in
this part shall constitute a waiver of any such rights. The authority
shall have perpetual existence.
(b) The authority shall not be deemed to be the State of Georgia
or an agency thereof.
(c) The authority is assigned to the Department of Natural
Resources for administrative purposes only.
626
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-3-444. (a) The authority shall be composed of three mem-
bers, the Governor, the commissioner of the Department of Natural
Resources, and the executive director of the State Properties Com-
mission.
(b) The Governor shall be the chairman of the authority, the
commissioner of the Department of Natural Resources shall be its
vice-chairman, and the executive director of the State Properties
Commission shall be its secretary-treasurer.
(c) The members of the authority shall not be entitled to com-
pensation for the rendering of their services to the authority.
(d) To constitute a quorum of the membership of the authority,
all three of its members must be present. The powers and duties of
the authority shall be transacted, exercised, and performed only
pursuant to an affirmative vote of all three members of the authority.
An abstention in voting shall be considered as that member voting in
the negative on the matter before the authority.
(e) Meetings of the authority shall be held on the written notice
of the chairman. The notice of a meeting shall set forth therein the
date, time, and place of the meeting. Minutes shall be kept of all
meetings of the authority and in the minutes there shall be kept a
record of the vote of each member of the authority on all questions,
acquisitions, transactions, and all other matters coming before the
authority.
12-3-445. The authority shall have the following powers and
duties, in addition to other powers and duties set forth in this part:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire in its own name by purchase, gift, or lease, on
such terms and conditions and in such manner as it may deem
proper, and to hold and dispose of real and personal property of
every kind, character, and description, including tenancies in
common, located in the Hog Hammock community on Greater
Sapelo Island, McIntosh County, Georgia. Upon such acquisition
by the authority, the said real and personal property shall become
public property. The authority may not acquire real or personal
property by condemnation, eminent domain, but any real or
personal property owned by the authority may be condemned,
GEORGIA LAWS 1983 SESSION
627
through the exercise of the power of eminent domain, by the State
of Georgia, acting by and through its State Properties Commis-
sion;
(3) To procure insurance against any loss in connection with
its property and other assets;
(4) To make contracts and to execute all instruments neces-
sary or convenient, including leases and rental agreements, and
other contracts with respect to the use of such real or personal
property;
(5) To adopt, alter, or repeal its own bylaws, rules, and
regulations governing the manner in which its business may be
transacted and in which the power granted to it may be enjoyed, as
the authority may deem necessary or expedient in facilitating its
business;
(6) To receive, accept, and utilize gifts, grants, donations, or
contributions of money, property, facilities, or services, with or
without consideration, from any person, firm, corporation, foun-
dation, or other entity, or from the State of Georgia or any agency,
instrumentality, or political subdivision thereof, or from the
United States, or any agency or instrumentality thereof;
(7) To act as agent for the United States, or any agency or
instrumentality thereof, in any matter coming within the purposes
or powers of the authority; and
(8) To do all things necessary or convenient to carry out the
powers expressly given in this part.
12-3-446. The definition of real property in paragraph (1) of
Code Section 50-16-120 shall include the real property of the author-
ity. However, the definition of real property in paragraph (1) of
subsection (a) of Code Section 50-16-122 shall exclude the real
property of the authority.
12-3-447. In that the real and personal property of the authority
is public property, title by adverse possession or prescription shall not
run against the authority or the said real and personal property of the
authority, and there shall be no application of or ripening or perfec-
tion of title by the doctrine of adverse possession or prescription
628
GENERAL ACTS AND RESOLUTIONS, VOL. I
against the authority or against the said real and personal property of
the authority.
12-3-448. The members of the authority shall be accountable in
all respects as trustees. The authority shall keep suitable and proper
books and records of all receipts, income, and expenditures of every
kind and shall submit each year to the state auditor for inspection all
the authoritys books, together with the proper statement of the
authoritys financial position, at the close of its fiscal year, which shall
be the same as the fiscal year of the State of Georgia.
12-3-449. As the authority will be performing valuable charita-
ble and public functions and purposes in the exercise of the powers
conferred upon it, the authority shall be required to pay no taxes or
assessments by the state or by any county, municipality, authority, or
political subdivision of this state upon any of the real or personal
property acquired by it, or upon its activities in the operation or
maintenance of any facility maintained or acquired by it, or upon any
fees, rentals, or other charges for the use of such property or facilities,
or upon any other income received by the authority. The said
property, facilities, fees, rentals, charges, and income of the authority
is exempt from levy and sale, garnishment and attachment.
12-3-450. The Attorney General shall provide legal services to
the authority, and in connection therewith the provisions of Code
Sections 45-15-13 through 45-15-16 and 45-15-36, as now existing or
as hereafter amended, shall be fully applicable.
12-3-451. Any action brought against the authority shall be
brought in the Superior Court of Fulton County, Georgia, and such
court shall have exclusive, original jurisdiction of such actions.
12-3-452. This part, being for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes of this
part.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
629
INSURANCE RATES AND RATING ORGANIZATIONS <&
FILING OF RATES WITH COMMISSIONER, ETC.
Code Title 33, Chapter 9 Amended.
No. 260 (Senate Bill No. 269).
AN ACT
To amend Chapter 9 of Title 33 of the Official Code of Georgia
Annotated, relating to regulation of rule making, rates, and related
organizations, as amended by an Act approved April 13,1982 (Ga. L.
1982, p. 644), so as to delete certain references to workers compensa-
tion; to change the provisions relating to use of rates, rating systems,
and underwriting rules of rating or advisory organizations by mem-
bers and subscribers generally; to change the provisions relating to
filing of rates, rating plans, rating systems, and underwriting rules by
insurers; to provide that insurance rates shall be developed and
established to the extent actuarily credible; to repeal specific sections
of another Act; to provide effective dates; 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 regulation of rule making, rates, and related
organizations, as amended by an Act approved April 13,1982 (Ga. L.
1982, p. 644), is amended by striking in its entirety Code Section 33-9-
9, relating to use of rates, rating systems, and underwriting rules of
rating or advisory organizations by members and subscribers gener-
ally, as amended by said 1982 Act, 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, 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
630
GENERAL ACTS AND RESOLUTIONS, VOL. I
subscribers of a rating or advisory organization, use, either consis-
tently 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 evidence of the existence of the agree-
ment.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 33-9-21, relating to filing of rates, rating plans,
rating systems, and underwriting rules by insurers, as amended by
said 1982 Act, 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
the rates, rating plans, rating systems, underwriting rules, and policy
or bond forms of such organization; provided, however, the Commis-
sioner 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
rules, and policy or bond forms used independent of any filing
made on its behalf or as a member of a licensed rating organiza-
tion, as he shall deem to be necessary to ensure compliance with
the standards 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
GEORGIA LAWS 1983 SESSION
631
State of Georgia to the extent actuarily credible. 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 3. Sections 2 and 3 of an Act entitled 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 organiza-
tions, 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 compensation
rates; to provide for the examination of insurers transacting 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 Commis-
sioner; to change the provisions relative to the apportionment 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., approved April 13, 1982
(Ga. L. 1982, p. 644), are repealed in their entirety.
Section 4. (a) Except as otherwise provided in subsection (b),
this Act shall become effective on January 1,1984.
(b) Section 3 of 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 16,1983.
632
GENERAL ACTS AND RESOLUTIONS, VOL. I
ORDERS FOR TEMPORARY CUSTODY OF CHILDREN
IN CERTAIN DIVORCE PROCEEDINGS.
Code Section 19-9-1 Amended.
No. 261 (House Bill No. 222).
AN ACT
To amend Code Section 19-9-1 of the Official Code of Georgia
Annotated, relating to determining custody of children, so as to
provide for temporary child custody orders 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. Code Section 19-9-1 of the Official Code of Georgia
Annotated, relating to determining custody of children, is amended
by striking subsection (a) thereof and inserting in its place a new
subsection (a) to read as follows:
(a) In all cases in which a divorce is granted, the party not in
default shall be entitled to the custody of the minor children of the
marriage. However, in all cases in which a divorce is granted, an
application for divorce is pending, or a change in custody of a minor
child is sought, the court, in the exercise of a sound discretion, may
look into all the circumstances of the parties, including improvement
of the health of a party seeking a change in custody provisions, and,
after hearing both parties, may make a different disposition of the
children, placing them, if necessary, in possession of guardians
appointed by the judge of the probate court. In all such cases in which
the child has reached the age of 14 years, the child shall have the right
to select the parent with whom he desires to live. The childs selection
shall be controlling, unless the parent so selected is determined not to
be a fit and proper person to have the custody of the child. The court
may issue an order granting temporary custody to the selected parent
for a trial period not to exceed six months regarding the custody of a
child who has reached the age of 14 years where the judge hearing the
case determines such a temporary order is appropriate.
GEORGIA LAWS 1983 SESSION
633
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
REQUIREMENTS OF LAW RELATING TO SCHOOL BUSES
NOT APPLICABLE TO ANY BUS OF PUBLICLY
OWNED TRANSIT SYSTEM.
Code Section 40-1-1 Amended.
Code Section 40-8-114 Amended.
No. 262 (House Bill No. 254).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic in general, so as to establish a
definition of the term tripper service; to exclude certain buses
owned and operated by publicly owned transit systems from the
operation of certain Code sections concerning school buses; 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 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic in general, is amended by adding
immediately after paragraph (63) of Code Section 40-1-1, relating to
definitions, a new paragraph to read as follows:
(63.1) Tripper service means regularly scheduled mass trans-
portation service which is open to the fare-paying public but which is
also designed or modified to accommodate the needs of elementary or
secondary school students and school personnel.
634
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said title is further amended by designating as
subsection (a) the first paragraph of Code Section 40-8-114, relating
to operation of school buses by other than public school systems, and
adding immediately thereafter a new subsection (b) to read as follows:
(b) Notwithstanding any other provision of this title to the
contrary, the requirements relating to buses used for the trans-
portation of school children, which requirements are contained in the
following Code sections:
(1) Code Section 40-6-160, relating to speed limits;
(2) Code Section 40-6-161, relating to headlamps;
(3) Code Section 40-6-162, relating to use of visual signals;
(4) Code Section 40-6-163, relating to meeting or passing
school buses;
(5) Code Section 40-8-110, relating to identification and
color;
(6) Code Section 40-8-111, relating to equipment generally;
(7) Code Section 40-8-112, relating to compliance with cer-
tain State Board of Education specifications;
(8) Code Section 40-8-115, relating to identification and
equipment of certain school buses; and
(9) Code Section 40-8-220, relating to inspection of school
buses,
shall not apply to any bus which is owned or operated by a publicly
owned and operated transit system and which either transports
school children to and from school on regular or scheduled routes with
regular fare-paying passengers or which engages in tripper service.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1983 SESSION
635
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
STATE TOLLWAY AUTHORITY MAINTENANCE AND
OPERATIONAL ASSISTANCE BY DEPARTMENT
OF TRANSPORTATION.
Code Section 32-10-67 Amended.
No. 263 (House Bill No. 255).
AN ACT
To amend Chapter 10 of Title 32 of the Official Code of Georgia
Annotated, relating to the Georgia Highway Authority, so as to
authorize the Department of Transportation to provide maintenance
and operational assistance to the State Tollway Authority; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 10 of Title 32 of the Official Code of Georgia
Annotated, relating to the Georgia Highway Authority, is amended by
striking in its entirety Code Section 32-10-67, relating to expendi-
tures for preliminary studies of proposed projects, and inserting in
lieu thereof a new Code Section 32-10-67 to read as follows:
32-10-67. (a) The Governor, in his discretion or upon the
recommendation of the State Transportation Board, is authorized
and empowered to call a joint meeting of the authority and the board
for the purpose of initiating all projects which may be considered
under the authority of this article. Upon the concurrence of the
Governor, a majority of the board, and the authority, the board or the
authority is authorized and empowered to commence the study of any
636
GENERAL ACTS AND RESOLUTIONS, VOL. I
given project or projects and to provide for their construction. An
appropriate resolution of such joint meeting shall provide for divi-
sions of duties and responsibilities between the authority and the
board in connection with such studies. In keeping with such resolu-
tion or resolutions, the authority and the board are authorized, in the
performance of their assigned duties, to expend from any sums
available such sums as may be necessary for the survey and study and
completion of any project or projects; and such expenditures may
include those necessary for all traffic surveys, expert studies, and all
other expense reasonably necessary in establishing the feasibility of
any given project and in the execution of all plans, specifications, and
all other things necessary for revenue bond financing and construc-
tion, including all supervision of every kind required in its comple-
tion. If such expenditures, or any part of them, shall be undertaken by
the board, the board shall keep proper records which shall reflect the
amounts spent on each and every project study. Upon completion of
any given project or projects financed by any given revenue bond
issued, so long as there shall be funds available in the hands of the
authority from the issue of revenue bonds to finance such project or
projects, the board may demand the reimbursement of such expendi-
tures; however, if not reimbursed, said expenditures shall be legiti-
mate expenses of operation of the board. The authority, upon the
completion or receipt of such studies or plans and specifications or
other aids, shall proceed, if such project or projects are possible, to
finance, acquire rights of way, construct, and operate such projects
pursuant to its purposes, powers, and duties.
(b) Upon the concurrence of the board, the Department of
Transportation shall have the right to provide maintenance and
operational assistance to the authority as may be necessary to effectu-
ate the purposes of this article, including but not limited to authoriz-
ing employees of the department to assist the authority in the
collection of tolls on authority projects. The authority shall reimburse
the department for such assistance.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
637
EMPLOYEES RETIREMENT SYSTEMS ACTUARIAL
STUDIES.
Code Section 47-2-26 Amended.
No. 264 (House Bill No. 266).
AN ACT
To amend Code Section 47-2-26 of the Official Code of Georgia
Annotated, relating to the duties of the board of trustees of the
Employees Retirement System of Georgia in connection with actuar-
ial studies and setting the regular rate of interest, so as to remove the
ceiling on the regular rate of interest; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-2-26 of the Official Code of Georgia
Annotated, relating to the duties of the board of trustees of the
Employees Retirement System of Georgia in connection with actuar-
ial studies and setting the regular rate of interest, is amended by
striking subsection (b) in its entirety and substituting in lieu thereof a
new subsection (b) to read as follows:
(b) At least every five years, the actuary shall conduct an
actuarial investigation into the mortality, service, and compensation
experience of the members and beneficiaries of the retirement system
and shall recommend for adoption by the board of trustees mortality,
service, and other tables needed in the operation of the system.
Taking into account the results of such investigations, the board of
trustees shall from time to time 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 rate
of regular interest to be used by the retirement system, which rate
shall be limited to a minimum of 2 percent.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
638
GENERAL ACTS AND RESOLUTIONS, VOL. I
VEHICLES OF NONRESIDENT STUDENTS EXEMPT
FROM REGISTRATION IN CERTAIN CASES.
Code Title 40, Chapters 2 and 5 Amended.
No. 265 (House Bill No. 318).
AN ACT
To amend Article 4 of Chapter 2 of Title 40 of the Official Code of
Georgia Annotated, relating to vehicles of nonresident students, so as
to exempt residents of states which are members of the Multistate
Reciprocity Agreement from the requirement of registering their
vehicles in this state; to amend Article 2 of Chapter 5 of Title 40 of the
Official Code of Georgia Annotated, relating to issuance of drivers
licenses, so as to define an exemption from drivers licensing for
nonresident students; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 4 of Chapter 2 of Title 40 of the Official Code
of Georgia Annotated, relating to vehicles of nonresident students, is
amended by adding a new subsection (c) to Code Section 40-2-90,
relating to operation of vehicles registered in other states, to read as
follows:
(c) Notwithstanding subsection (a) of this Code section, a
nonresident student who is a resident of a state which is a member of
the Multistate Reciprocity Agreement shall be exempt from the
requirement of registering his motor vehicle in this state in accord-
ance with the provisions of said Multistate Reciprocity Agreement.
Section 2. Article 2 of Chapter 5 of Title 40 of the Official Code
of Georgia Annotated, relating to issuance of drivers licenses, is
amended by adding a new Code Section 40-5-21.1 to read as follows:
40-5-21.1. Notwithstanding any contrary provisions of Code
Section 40-5-21, a nonresident of this state who is attending a school
in this state shall be exempt from the drivers licensing requirements
of this chapter if and only if:
GEORGIA LAWS 1983 SESSION
639
(1) He or she is at least 16 years of age and has in his or her
immediate possession a valid license issued to him or her in his or
her home state or country; and
(2) He or she is currently enrolled in a school in this state,
has paid for the current period of enrollment the tuition charged
by the school to nonresidents of Georgia, and has in his or her
possession proof of payment of such tuition for such current
period of enrollment.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
ADDITIONAL EXEMPTION FROM LEVY OF LOCAL
EXCISE TAXES.
Code Section 48-13-51 Amended.
No. 266 (House Bill No. 356).
AN ACT
To amend Code Section 48-13-51 of the Official Code of Georgia
Annotated, relating to the levy by counties and municipalities of an
excise tax on charges to the public for lodgings, so as to provide an
additional exemption from such tax; to change the limitation on the
aggregate amount of taxes which may be levied; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-13-51 of the Official Code of Georgia
Annotated, relating to the levy by counties and municipalities of an
excise tax on charges to the public for lodgings, is amended by striking
640
GENERAL ACTS AND RESOLUTIONS, VOL. I
subsection (a) in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The governing authority of each county and of each munici-
pality in this state may levy and collect an excise tax upon the
furnishing for value to the public of any room or rooms, lodging, or
accommodations furnished by any person or legal entity licensed by,
or required to pay business or occupation taxes to, the county or
municipality for operating a hotel, motel, inn, lodge, tourist camp,
tourist cabin, or any other place in which rooms, lodgings, or accom-
modations are regularly furnished for value. No tax shall be levied as
provided in this Code section upon the fees or charges for any rooms,
lodgings, or accommodations furnished for a period of more than ten
consecutive days or for use as meeting rooms. No tax shall be levied as
provided in this Code section upon the fees or charges for any rooms,
lodgings, or accommodations furnished for a period of five or more
consecutive days for use by Georgia state or local government officials
or employees when traveling on official business. No tax levied
pursuant to this Code section shall be levied or collected at a rate
exceeding 3 percent of the charge to the public for the furnishings, nor
shall the aggregate amount of taxes levied upon the fees or charges for
any rooms, lodgings, or accommodations exceed 8 percent of the
charge to the public for the furnishings.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
641
ANNUAL AUDIT REPORTS OF NONPROFIT
CONTRACTORS.
Code Section 50-20-3 Amended.
No. 267 (House Bill No. 366).
AN ACT
To amend Code Section 50-20-3 of the Official Code of Georgia
Annotated, relating to required reports and agreements by nonprofit
contractors, so as to provide for the information to be included in
annual audit reports submitted to state agencies by nonprofit con-
tractors; to establish standards for such audit reports; to 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 50-20-3 of the Official Code of Georgia
Annotated, relating to required reports and agreements by nonprofit
contractors, is amended by striking paragraph (2) of subsection (a) of
said Code section in its entirety and substituting in lieu thereof a new
paragraph (2) to read as follows:
(2) (A) Agree in writing to furnish biennially to the state
auditor and the state agency, after the end of the nonprofit
contractors fiscal year, the report of an independent auditor
acceptable to the state agency with the predominant interest. The
report shall cover the nonprofit contractors total receipts and
expenditures for the two fiscal years just ended and, unless
otherwise provided in state law, shall contain at least the fiscal
information required by the Uniform Administrative Require-
ments for Grants-In-Aid to State and Local Governments of the
United States Office of Management and Budget, OMB Circular
A-102, Attachment P as it existed on March 30, 1983, and shall
include an individual listing of each employee and his salary and
reimbursable expenses. All audit reports shall be prepared in
accordance with generally accepted auditing standards estab-
lished by the American Institute of Certified Public Accountants.
The state agency with the predominant interest shall be that state
agency which has contracted to pay to the nonprofit contractor the
642
GENERAL ACTS AND RESOLUTIONS, VOL. I
largest aggregate amount of money covered in the audit report.
Notwithstanding this paragraph, a nonprofit contractor who has
begun and completed performance of any contract within the
same fiscal year of such contractor, which contract was with a
federal, state, or other governmental entity and which contract
has been audited for the purpose of determining compliance with
the funding requirements for the federal, state, or other govern-
mental entity, may include a certified copy of such audit as an
attachment to the auditors report required by this paragraph in
lieu of having an audit of the contract included in the report.
Notwithstanding this paragraph, a nonprofit contractor whose
total annual income does not exceed $80,000.00 and whose total
annual income comes from a single contract with a single state
agency may be audited by the contracting state agency if the audit
conforms to the requirements of this chapter and if a copy of the
audit is given to the state auditor, but failure of a state agency to
audit a nonprofit contractor shall not exempt the nonprofit con-
tractor from this chapter;
(B) It shall be the duty of the state agency with the predom-
inant interest to review each audit report and no other state
agency shall be required to do so;.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
643
JEKYLL ISLAND STATE PARK FIRE DEPARTMENT -4
POWERS REGARDING FIRE SAFETY CODES, ETC.
Code Section 12-3-235 Amended.
No. 268 (House Bill No. 371).
AN ACT
To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official
Code of Georgia Annotated, the Jekyll IslandState Park Author-
ity Act, so as to provide that any fire department operated by the
authority shall have the powers of a fire department of a county,
municipality, or other political subdivision; to provide that the
authority shall have the powers of a county, municipality, or other
political subdivision set forth in Code Section 25-3-4, relating to
enaction of fire and life safety codes, ordinances, or regulations; to
provide that the provisions of Code Section 25-2-38.1 shall be applica-
ble to the authority; to provide that the authority may charge fees for
fire protection and suppression services and public safety services
provided by the authority or by the Uniform Division of the Depart-
ment of Public Safety, which fees shall be liens upon each tract of
land benefited; to limit the amount of the fees charged to certain
persons; 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. Part 1 of Article 7 of Chapter 3 of Title 12 of the
Official Code of Georgia Annotated, the Jekyll IslandState Park
Authority Act, is amended by striking in its entirety paragraph (21)
of Code Section 12-3-235, relating to the powers of the Jekyll Island
State Park Authority, and inserting in lieu thereof new paragraphs
(21), (22), and (23) to read as follows:
(21) To do all things necessary or convenient to carry out the
powers expressly given in this part; and to do any and all other acts
and things which this part authorizes or requires to be done, whether
or not included in the general powers mentioned in this Code section;
644
GENERAL ACTS AND RESOLUTIONS, VOL. I
(22) To provide and operate, at the discretion of the authority, a
fire department which shall have the powers of a fire department of a
county, municipality, or other political subdivision set forth in Chap-
ter 3 of Title 25 and to exercise the powers of a county, municipality,
or other political subdivision set forth in Code Section 25-3-4; and
Code Section 25-2-38.1 shall be applicable to the authority and any
fire department of the authority in the provision of fire protection
and suppression services provided;
(23) To charge fees to all persons, natural and artificial, using or
relying upon fire protection and suppression services or public safety
services provided by the authority or the Uniform Division of the
Department of Public Safety, which fees and each installment thereof
and the interest thereon shall be liens against each tract of land
benefited by the fire protection and suppression services or public
safety services so provided from the date each such fee is charged
until fully paid; and such liens shall be superior to all other liens,
except liens for state and county taxes and taxes levied for any and all
school purposes, and shall be collected by officers designated by the
authority in the same manner as state and county taxes are collected.
The annual amount of any fee charged to any person, natural or
artificial, or upon any property owned or leased by any such person
under this paragraph shall not exceed the annual amount which
would be levied for such services by the County of Glynn in the form
of ad valorem taxes if such services had been provided by the County
of Glynn.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
645
CRIMINAL LAW ESCAPE FURTHER DEFINED.
Code Section 16-10-52 Amended.
No. 269 (House Bill No. 381).
AN ACT
To amend Article 3 of Chapter 10 of Title 16 of the Official Code of
Georgia Annotated, relating to escape and related criminal offenses,
so as to provide that a person commits the crime of escape when he
fails to return to custody or confinement after having been released
on the condition that he will return; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section m Article 3 of Chapter 10 of Title 16 of the Official Code
of Georgia Annotated, relating to escape and related criminal
offenses, is amended by striking Code Section 16-10-52, relating to
escape, and inserting in its place a new Code Section 16-10-52 to read
as follows:
16-10-52. (a) A person commits the offense of escape when
he:
(1) Having been convicted of a felony or misdemeanor or of
the violation of a municipal ordinance, intentionally escapes from
lawful custody or from any place of lawful confinement;
(2) Being in lawful custody or lawful confinement prior to
conviction, intentionally escapes from such custody or confine-
ment; or
(3) Intentionally fails to return as instructed to lawful
custody or lawful confinement after having been released on the
condition that he will so return; provided, however, such person
shall be allowed a grace period of eight hours from the exact time
specified for return if such person can prove he did not intention-
ally fail to return.
646
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A person who, having been convicted of a felony or misde-
meanor, is convicted of the offense of escape shall be punished by
imprisonment for not less than one nor more than five years. Any
other person convicted of the offense of escape shall be punished as
for a misdemeanor, except that a person who commits the offense of
escape while armed with a dangerous weapon shall, upon conviction
thereof, be punished by imprisonment for not less than one nor more
than ten years.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GENERAL ASSEMBLY PUBLICATION OF NOTICES
OF INTENTION TO INTRODUCE LOCAL BILLS.
Code Section 28-1-14 Enacted.
No. 270 (House Bill No. 389).
AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions pertaining to the General
Assembly, so as to provide the procedure for the advertisement of
notices of intention to introduce local bills; to provide for related
matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to provide the law required
by Article III, Section V, Paragraph IX of the Constitution of the
State of Georgia.
GEORGIA LAWS 1983 SESSION
647
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions pertaining to the General
Assembly, is amended by adding a new Code section to be designated
Code Section 28-1-14 to read as follows:
28-1-14. No local bill shall become law unless notice of the
intention to introduce such bill shall have been advertised in the
newspaper in which the sheriffs advertisements for the locality
affected are published one time before the bill is introduced. Such
advertisement must be not more than 60 days prior to the convening
date of the session at which the bill is introduced. After the advertise-
ment has been published the bill may be introduced at any time
during that session unless the advertisement is published during the
session, in which event the bill may not be introduced before Monday
of the calendar week following the week in which the advertisement is
published. A copy of the notice as it was advertised and an affidavit
stating that the notice has been published as provided by this Code
section shall be attached to the bill and shall become a part of the bill.
Such affidavit may be made by the author of the bill or by the
publisher of the newspaper in which the notice was advertised or by
an employee of the newspaper designated by the publisher.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
LEASE OF LANDS BY POLITICAL SUBDIVISIONS
TO PRIVATE PARTIES DECLARED NOT LEASED
FOR PUBLIC PURPOSES.
Code Section 6-3-21 Amended.
No. 271 (House Bill No. 492).
AN ACT
To amend Code Section 6-3-21 of the Official Code of Georgia
Annotated, relating to the declaration of property for public govern-
648
GENERAL ACTS AND RESOLUTIONS, VOL. I
mental and municipal purposes, so as to provide that lands leased by
counties, municipalities, or other political subdivisions to private
parties are declared not to be leased for public purposes; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 6-3-21 of the Official Code of Georgia
Annotated, relating to the declaration of property for public govern-
mental and municipal purposes, is amended by striking said Code
section in its entirety and substituting in lieu thereof a new Code
Section 6-3-21 to read as follows:
6-3-21. Any lands acquired, owned, leased, controlled, or occu-
pied by counties, municipalities, or other political subdivisions for the
purpose or purposes enumerated in Code Section 6-3-20 shall be and
are declared to be acquired, owned, leased, controlled, or occupied for
public, governmental, and municipal purposes; provided, however,
that with respect to facilities located on such lands, which are leased
to, controlled, or occupied by private parties, the interests created in
such private parties, for the purpose of ad valorem taxation only, are
declared not to be used for public, governmental, or municipal
purposes and said resulting interests, regardless of the extent of such
interest, whether possessory or an estate in land, are subject to ad
valorem taxation; provided, further, that the underlying fee interest
in such property which remains vested in the county, municipality, or
other political subdivision shall be deemed to be used for public,
governmental, and municipal purposes.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
649
CRIMINAL EXTRADITIONS REQUIREMENTS OF
FORMALITY OF EXECUTIVE, ETC.
Code Title 17, Chapter 13 Amended.
No. 272 (House Bill No. 136).
AN ACT
To amend Chapter 13 of Title 17 of the Official Code of Georgia
Annotated, relating to criminal extraditions, so as to provide that
certain documents shall be issued under the authority of the execu-
tive seal; to require the office of Governor to maintain certain records;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 13 of Title 17 of the Official Code of Georgia
Annotated, relating to criminal extradictions, is amended by striking
Code Section 17-13-2, relating to duties of the Governor, in its
entirety and substituting in lieu thereof a new Code Section 17-13-2
to read as follows:
17-13-2. When an application is made as provided in Code
Section 17-13-1 and in accordance with other rules adopted by the
Governor, he shall make his requisition for the extradition of the
fugitive under the seal of the office of the Governor, according to
law.
Section 2. Said chapter is further amended by striking Code
Section 17-13-27, relating to the issuance of arrest warrants, in its
entirety and substituting in lieu thereof a new Code Section 17-13-27
to read as follows:
17-13-27. If the Governor decides that the demand should be
complied with, he shall sign a warrant of arrest, which shall be sealed
with the seal of the office of the Governor and directed to any peace
officer or other person whom he may think fit to entrust with the
execution thereof. The warrant must substantially recite the facts
necessary to the validity of its issuance.
650
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said chapter is further amended by striking Code
Section 17-13-42, relating to demands for the return of fugitives, in its
entirety and substituting in lieu thereof a new Code Section 17-13-42
to read as follows:
17-13-42. Whenever the Governor of this state shall demand a
person charged with a crime or with escaping from confinement or
breaking the terms of his bail, probation, or parole in this state, from
the executive authority of any other state, or from the chief justice or
an associate justice of the Supreme Court of the District of Columbia
authorized to receive such demand under the laws of the United
States, he shall issue a warrant under the seal of the office of the
Governor to some agent, commanding him to receive the person so
charged if delivered to him and convey him to the proper officer of the
county in this state in which the offense was committed.
Section 4. Said chapter is further amended by striking Code
Section 17-13-43, relating to applications for issuance of demands, in
its entirety and substituting in lieu thereof a new Code Section 17-13-
43 to read as follows:
17-13-43. (a) When the return to this state of a person
charged with crime in this state is required, the prosecuting attorney
shall present to the Governor his written application, in which
application shall be stated the name of the person so charged, the
crime charged against him, the approximate time, place, and circum-
stance of its commission, the state in which he is believed to be,
including the location of the accused therein at the time the applica-
tion is made, and certifying that, in the opinion of the prosecuting
attorney, the ends of justice require the arrest and return of the
accused to this state for trial and that the proceeding is not instituted
to enforce a private claim.
(b) When the return to this state is required of a person who has
been convicted of a crime in this state and who has escaped from
confinement or broken the terms of his bail, probation, or parole, the
prosecuting attorney of the county in which the offense was commit-
ted, the State Board of Pardons and Paroles, or the warden of the
institution or sheriff of the county from which escape was made shall
present to the Governor a written application for a requisition for the
return of such person. The application shall state the name of the
person, the crime of which he was convicted, the circumstances of his
escape from confinement or of the breach of the terms of his bail,
GEORGIA LAWS 1983 SESSION
651
probation, or parole and the state in which he is believed to be,
including the location of the person therein at the time application is
made.
(c) The application shall be verified by affidavit, executed in
duplicate, and accompanied by two certified copies of the indictment
returned, information and affidavit filed, or of the complaint made to
the judge or magistrate, stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence. The
prosecuting officer, parole board, warden, or sheriff may also attach
such further affidavits and other documents in duplicate as he shall
deem proper to be submitted with such application. One copy of the
application, with the action of the Governor indicated by endorse-
ment thereon, and one of the certified copies of the indictment,
complaint, information and affidavits, or of the judgment of convic-
tion or of the sentence shall be filed in the office of the Governor, to
remain of record in that office. The other copies of all papers shall be
forwarded with the Governors requisition.
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 March 16,1983.
INDEMNIFICATION OF LAW ENFORCEMENT
OFFICERS, ETC. PERMANENT DISABILITY
DEFINED.
Code Title 45, Chapter 9 Amended.
No. 273 (House Bill No. 397).
AN ACT
To amend Article 5 of Chapter 9 of Title 45 of the Official Code of
Georgia Annotated, relating to indemnification of law enforcement
652
GENERAL ACTS AND RESOLUTIONS, VOL. I
officers, firemen, and prison guards, so as to include among the
definitions of permanent disability, organic brain damage resulting
from physical trauma under certain conditions; to provide certain
limitations on applications for indemnification; 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. Article 5 of Chapter 9 of Title 45 of the Official Code
of Georgia Annotated, relating to indemnification of law enforcement
officers, firemen, and prison guards, is amended by striking para-
graph (4) of Code Section 45-9-81, relating to definitions regarding
indemnification of law enforcement officers, firemen, and prison
guards, in its entirety and inserting in lieu thereof a new paragraph
(4) to read as follows:
(4) Permanent disability means disability due to:
(A) Loss of both eyes or blindness in both eyes with only
light perception;
(B) Loss or loss of use of both hands;
(C) Loss or loss of use of both legs;
(D) Loss of a lower extremity or residuals of organic disease
or injury which so affect the functions of balance or propulsion as
to preclude locomotion without resort to a wheelchair; or
(E) Organic brain damage resulting from direct physical
trauma incurred after January 1,1979, which so affects the mental
capacity as to preclude ability to function productively in any
employment.
Section 2. Said article is further amended by adding a new
Code section immediately following Code Section 45-9-86.1, to be
designated Code Section 45-9-86.2, to read as follows:
GEORGIA LAWS 1983 SESSION
653
45-9-86.2. An application for indemnification relative to any
law enforcement officer, fireman, or prison guard permanently disa-
bled as a result of organic brain damage subsequent to January 1,
1979, and prior to January 1,1983, must be made prior to January 1,
1984.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
STORAGE OF COUNTY DOCUMENTS.
Code Sections 15-6-86 and 36-9-5 Amended.
No. 274 (Senate Bill No. 21).
AN ACT
To amend Code Section 15-6-86 of the Official Code of Georgia
Annotated, relating to the location of the office and storage of records
of the clerk of the superior court, so as to change the provisions
relating to the storage of records; to amend Chapter 9 of Title 36,
relating to county property generally, so as to change the provisions
relating to the storage of certain books and records; to define the term
county document; to provide for the safe storage of county docu-
ments; to provide for enforcement; to provide for applicability; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-86 of the Official Code of Georgia
Annotated, relating to the location of the office and storage of records
654
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the clerk of the superior court, is amended by adding at the end
thereof a new subsection (d) to read as follows:
(d) Notwithstanding any other provision of this Code section,
county documents, as defined in subsection (c) of Code Section 36-9-
5, shall be stored only in accordance with the provisions of Code
Section 36-9-5.
Section 2. Chapter 9 of Title 36 of the Official Code of Georgia
Annotated, relating to county property generally, is amended by
striking in its entirety Code Section 36-9-5, relating to the erection,
repair, and furnishing of county buildings and storage of records, and
inserting in lieu thereof a new Code Section 36-9-5 to read as follows:
36-9-5. (a) It is the duty of the county governing authorities
to erect or repair, when necessary, their respective courthouses and
jails and all other necessary county buildings and to furnish each with
all the furniture necessary for the different rooms, offices, or cells.
(b) The county buildings shall be erected and kept in order and
repaired at the expense of the county under the direction of the
county governing authority which is authorized to make all necessary
contracts for that purpose.
(c) (1) As used in this subsection, the term county document
means:
(A) Records documenting property rights, deeds, and
wills; and
(B) Tax records documenting ownership of property
and the latest valuations of property.
(2) A county officer, the county board of tax assessors, or
any other officer of the county having the responsibility or custody
of any county documents set forth in paragraph (1) of this
subsection shall, at night or when the county office is closed, keep
such county documents:
(A) In a fireproof safe or vault;
(B) In fireproof cabinets;
GEORGIA LAWS 1983 SESSION
655
(C) On microfilm, pursuant to the standards set forth
in Article 6 of Chapter 18 of Title 50, only if a security copy
has been sent to the Georgia State Archives; or
(D) At a location not more than 25 miles from the
courthouse in a building or facility which is in compliance
with the fire safety standards applicable to archives and
record centers as established by the National Fire Protection
Association in Standard No. 232, as such standard was
adopted on May 18,1972.
(3) It is the duty of the county governing authorities to
furnish the necessary fireproof equipment, microfilming equip-
ment and supplies, or some other safe facility for such county
documents.
(4) On and after January 1,1985, county documents shall be
stored only in accordance with the provisions of this subsection.
The local fire marshal in each county shall monitor the various
county offices in the county to assure compliance with the provi-
sions of this subsection.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
COUNTY TAX OFFICIALS AND EMPLOYEES
MEMBERS OF EMPLOYEES RETIREMENT SYSTEM
OF GEORGIA.
Code Section 47-2-292 Amended.
No. 275 (Senate Bill No. 72).
AN ACT
To amend Code Section 47-2-292 of the Official Code of Georgia
Annotated, relating to county tax commissioners, tax collectors, and
656
GENERAL ACTS AND RESOLUTIONS, VOL. I
tax receivers and the employees of such officials being members of the
Employees Retirement System of Georgia, so as to provide that such
officials taking office after a certain date shall be members of the
retirement system as a condition of holding office; to provide that
certain tax officials and their employees holding office or employment
on a certain date shall have the option of becoming members of the
retirement system; to authorize creditable service for certain previous
service and requirements relative thereto; to provide that persons
becoming employees of such tax officials shall have the option to
become members of the retirement system; to provide for other
matters relative to the foregoing; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-2-292 of the Official Code of Georgia
Annotated, relating to county tax commissioners, tax collectors, and
tax receivers and the employees of such officials being members of the
Employees Retirement System of Georgia, is amended by striking
subsection (f) which reads as follows:
(f) In the event a new tax commissioner, tax collector, or tax
receiver is elected, he shall have until July 31 of the first year in which
he takes office to elect to establish a merit system of employment and
to avail himself and his employees of the retirement benefits provided
for in this chapter. No coverage shall ever be extended to any official
or employee designated in this Code section who is now covered or
who becomes covered under any other retirement benefit or similar
system excluding social security coverage. Any provision of this
chapter or any other law to the contrary notwithstanding, the office of
any tax commissioner, tax collector, or tax receiver covered by this
subsection shall be deemed to be adjuncts of the Department of
Revenue; and pursuant to this Code section, the state revenue com-
missioner is authorized and directed to pay from funds appropriated
to the Department of Revenue the employer contributions required
by this chapter for service rendered after any such tax commissioner,
tax receiver, tax collector, or employee thereof becomes a member of
the retirement system.,
GEORGIA LAWS 1983 SESSION
657
in its entirety and substituting in lieu thereof three new subsections
(f), (g), and (h) to read as follows:
(f) Except for those persons holding office on June 30, 1983,
and except as otherwise provided by subsection (h) of this Code
section, any person who becomes a tax commissioner, tax collector, or
tax receiver at any time after June 30,1983, shall be a member of the
retirement system under the provisions of Code Section 47-2-334 as a
condition of holding office. Any person holding office as a tax
commissioner, tax collector, or tax receiver on June 30, 1983, except
such officials who are then members of the retirement system and
except as otherwise provided by subsection (h) of this Code section,
shall have the option of becoming a member of the retirement system,
and such option must be exercised by not later than June 30, 1984.
Such officials electing membership in the retirement system may
obtain creditable service under the retirement system for actual
previous service as tax commissioner, tax collector, or tax receiver or
as an employee of any such official by paying to the board of trustees
the regular employer and employee contributions for each year or
portion thereof claimed as previous service, with the computation of
such contributions being based on the compensation of the official at
the time of becoming a member of the retirement system. In addition
to such employer and employee contributions, the official claiming
such previous service shall pay interest at the rate of 6 percent per
annum on the amount of such contributions compounded annually
from the time the previous service was rendered until payment is
made to the board of trustees. The payment required for such
previous service shall be made to the board of trustees at the time
application is made for membership in the retirement system. Except
for the right to obtain creditable service for previous service as
provided in this subsection, any official holding office on June 30,
1983, who elects membership in the retirement system shall be under
the provisions of Code Section 47-2-334.
(g) Except for those persons in employment on June 30, 1983,
and except as otherwise provided by subsection (h) of this Code
section, any person who becomes an employee of a tax commissioner,
tax collector, or tax receiver at any time after June 30,1983, shall have
the option, which must be exercised within 180 days after the date of
employment, of becoming a member of the retirement system under
the provisions of Code Section 47-2-334. Any person employed by a
tax commissioner, tax collector, or tax receiver on June 30, 1983,
except such employees who are then members of the retirement
658
GENERAL ACTS AND RESOLUTIONS, VOL. I
system and except as otherwise provided by subsection (h) of this
Code section, shall have the option of becoming a member of the
retirement system, and such option must be exercised by not later
than June 30, 1984. Such employees electing membership in the
retirement system may obtain creditable service under the retirement
system for actual previous service as an employee of a tax commis-
sioner, tax collector, or tax receiver by paying to the board of trustees
the regular employer and employee contributions for each year or
portion thereof claimed as previous service, with the computation of
such contributions being based on the compensation of the employee
at the time of becoming a member of the retirement system. In
addition to such employer and employee contributions, the employee
claiming such previous service shall pay interest at the rate of 6
percent per annum on the amount of such contributions compounded
annually from the time the previous service was rendered until
payment is made to the board of trustees. The payment required for
such previous service shall be made to the board of trustees at the
time application is made for membership in the retirement system.
Except for the right to obtain creditable service for previous service as
provided in this subsection, any person employed on June 30, 1983,
who elects membership in the retirement system shall be under the
provisions of Code Section 47-2-334.
(h) Notwithstanding any other provisions of this Code section,
no tax commissioner, tax collector, tax receiver, or any employee of
any such official shall be eligible for membership in the retirement
system if such official or employee is covered or becomes covered by
any other public retirement or pension system excluding social secu-
rity coverage. The provisions of subsections (a), (c), and (d) of this
Code section shall apply to any tax officials or their employees who
become members of the retirement system pursuant to subsections (f)
and (g) of this Code section.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
659
PAYMENT OF OUTSTANDING WAGES TO SURVIVORS
OF DECEASED EMPLOYEES.
Code Section 34-7-4 Amended.
No. 276 (Senate Bill No. 146).
AN ACT
To amend Chapter 7 of Title 34 of the Official Code of Georgia
Annotated, relating to master and servant generally, so as to change
the provisions relating to the payment of a deceased employees
outstanding wages or other moneys to surviving spouse or children; to
eliminate the maximum amount which can be paid to the surviving
spouse or minor children of state employees; to authorize such
payment to certain designated beneficiaries; to provide for a proce-
dure whereby an employee may designate who shall receive such
payment; to provide certain exemptions from liability; 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. Chapter 7 of Title 34 of the Official Code of Georgia
Annotated, relating to master and servant generally, is amended by
striking Code Section 34-7-4, relating to the payment of a deceased
employees outstanding wages or other moneys to surviving spouse or
children generally, in its entirety and inserting in lieu thereof a new
Code Section 34-7-4 to read as follows:
34-7-4. (a) (1) Upon the death of any person who was
employed by any political subdivision of the state or by any
railroad company or other corporation, individual, or partnership
doing business in this state, if the deceased employee had wages or
other moneys due from such employer, it shall be lawful for such
employer to pay all of such sums if they do not exceed $2,500.00, or
to pay the sum of $2,500.00 if such sums exceed $2,500.00 or upon
the death of any person who was employed by the state, if the
deceased employee had wages or other moneys due from the state,
it shall be lawful for the state to pay all of such sums, as follows:
660
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) In the absence of a beneficiary designated in writ-
ing by the employee, then to the employees surviving spouse;
(B) In the absence of a beneficiary designated in writ-
ing by the employee and where the employee left no surviving
spouse but left a surviving minor child or children, then to the
duly qualified guardian of the minor child or children without
any administration upon the estate of the employee; or
(C) Where a beneficiary has been designated in writing
by the employee to receive such sums and such beneficiary is
under no legal incapacity to prevent him from receiving such
sums, then to such beneficiary, or, if such beneficiary is under
such legal incapacity, then to his duly qualified guardian.
Such funds to the amount of $2,500.00 shall be exempt from any
and all process of garnishment.
(2) It shall be the responsibility of the employee to provide
and the responsibility of the employer to request the name and
current address of the employees spouse or, if there is no spouse,
the name and current address of each minor child of the employee.
If the employee, at his election, designates a beneficiary to receive
such sums, such designation shall be in writing, shall include the
name and address of such beneficiary, and shall be signed by the
employee. The employer shall inform the employee that any sums
payable under this Code section may be paid pursuant to the
designation made by the employee to a beneficiary, or to the
employees spouse, or to the employees minor child or children as
provided in this Code section and shall request the employee to
furnish and keep any such information and designation current.
The employer shall not be subject to any penalty for failure to
inform and request that the employee furnish such information
and designation, or for the failure of the employer to pay such
sums in accordance with the provisions of this Code section.
(b) Any employer described in subsection (a) of this Code sec-
tion may pay over any sums due under subsection (a) of this Code
section upon the demand of such designated beneficiary or guardian
thereof, or, if no such beneficiary is designated, then upon the
demand of the surviving spouse, or, if in the absence of such desig-
nated beneficiary and where there is no surviving spouse, upon the
demand of the minor child or children or the guardian thereof.
GEORGIA LAWS 1983 SESSION
661
(c) The paying over of any sums due as permitted under subsec-
tions (a) and (b) of this Code section to the proper party or parties as
set forth in this Code section shall operate as a release from all claims
to such sums or as a release from all claims against the state, political
subdivision thereof, railroad company, or other corporate, partner-
ship, or individual employer by the estate of the employee, the
creditors thereof, the surviving spouse or minor child or children or
the guardian thereof, or any other person.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
DISPOSITION OF FUNDS OF DECEASED DEPOSITORS
BY FINANCIAL INSTITUTIONS.
Code Title 7, Chapter 1 Amended.
No. 277 (House Bill No. 221).
AN ACT
To amend Chapter 1 of Title 7 of the Official Code of Georgia
Annotated, relating to financial institutions, so as to authorize pay-
ment of funeral expenses from certain deposits; to change the amount
of funds which may be deposited in a financial institution by a
nursing home on behalf of a deceased resident; 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 a
new Part 12 at the end of Article 1 to read as follows:
662
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 12
7-1-239. (a) Except as provided in subsection (b) of this Code
section and in Article 8 of this chapter, whenever any person dies
intestate having a deposit of not more than $2,500.00 in a financial
institution, such financial institution shall be authorized to pay the
proceeds of such deposit directly to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and
mother pro rata; or
(4) If none of the above, then to the brothers and sisters of
the decedent pro rata.
(b) Except as provided in Article 8 of this chapter, if no applica-
tion for the deposit is made by any person named in subsection (a) of
this Code section within 90 days from the death of the depositor, the
financial institution shall be authorized to apply not more than
$2,500.00 of the deposit of such deceased depositor in payment of the
funeral expenses and expenses of the last illness of such deceased
depositor upon the receipt of itemized statements of such expenses
and the affidavit of the providers of such services that the itemized
statements are true and correct and have not been paid. The financial
institution shall pay such expenses in the order received after the
death of the depositor.
(c) Payments pursuant to subsections (a) and (b) of this Code
section shall operate as a complete acquittal and discharge to the
financial institution of liability from any suit, claim, or demand of
whatever nature by any heir, distributee, creditor of the decedent, or
any other person. Such payment is authorized to be made as provided
in this Code section without the necessity of administration of the
estate of the decedent or without the necessity of obtaining an order
that no administration is necessary.
(d) In any case in which a deceased depositor has more than
$2,500.00 on deposit in a financial institution, such financial institu-
tion shall be authorized to pay any amount up to $2,500.00 to any of
the persons authorized by this Code section to receive said deposit.
GEORGIA LAWS 1983 SESSION
663
The payment shall only act as a full and final acquittance of liability
up to the amount paid by the financial institution and shall not act as
a full and final acquittance to the financial institution of all liability.
(e) Notwithstanding any other provisions of law to the contrary,
when any person dies intestate as a resident of a nursing home in this
state and such nursing home is left in possession of moneys belonging
to the decedent, which moneys do not exceed $2,500.00, such nursing
home may deposit such moneys into a savings account in the name of
the decedent in a financial institution located in the area of the
nursing home or such other place designated by the decedent or the
decedents representative prior to the death of the decedent. Such
account shall be managed in accordance with the signature contract
in effect at the financial institution at the time the account is opened.
Any financial institution receiving such deposits is authorized to pay
the proceeds in accordance with subsections (a), (b), (c), and (d) of
this Code section.
(f) As used in this Code section, the term financial institution
includes any federally chartered financial institution.
Section 2. (a) Said chapter is further amended by repealing the
following Code sections:
(1) Code Section 7-1-357, relating to payments of deposits
of deceased depositors and deposits by nursing homes of moneys
left in their possession upon the death of residents; and
(2) Code Section 7-1-664, relating to the payment of depos-
its of deceased depositors in state and federal credit unions.
in their entirety and substituting in lieu thereof the following:
7-1-357. Reserved.
7-1-664. Reserved.
(b) Said chapter is further amended by striking Code Section 7-
1-791, relating to payment of deposits of deceased depositors in
building and loan associations or savings and loan associations, in its
entirety and substituting in lieu thereof the following:
7-1-791. Except as provided in Article 8 of this chapter, upon
the death of a depositor of a building and loan association or a savings
664
GENERAL ACTS AND RESOLUTIONS, VOL. I
and loan association, such association may pay the amount of his
deposit or any portion thereof to an executor, administrator, or other
fiduciary duly appointed and qualified pursuant to the last will and
testament of the depositor or by any court of competent jurisdiction
in this state or any other state.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
HUNTING WILDLIFE USE OF CROSSBOWS BY
HANDICAPPED PERSONS PERMITTED, ETC.
Code Section 27-2-4 Amended.
No. 278 (House Bill No. 288).
AN ACT
To amend Code Section 27-2-4 of the Official Code of Georgia
Annotated, relating to legal weapons for hunting wildlife, so as to
allow qualified handicapped individuals to use crossbows for hunting;
to make the use of silencers illegal; to 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 27-2-4 of the Official Code of Georgia
Annotated, relating to legal weapons for hunting wildlife, is amended
by striking paragraph (6) in its entirety and substituting in lieu
thereof a new paragraph (6) to read as follows:
(6) The use of crossbows for hunting within this state is prohib-
ited; provided, however, that individuals with medically certified
disability affecting the extremities which precludes the use of a
GEORGIA LAWS 1983 SESSION
665
regular or compound bow may be issued a special permit for the use of
a crossbow, and such permits shall be issued upon receipt of a letter
from a physician licensed to practice medicine under the laws of
Georgia which certifies that such individual has a permanent disabil-
ity to the extremities either through amputation or loss of function
which renders the use of a regular or compound bow impossible;
Section 2. Said Code section is further amended by striking the
period appearing at the end of paragraph (8) and inserting in lieu
thereof a semicolon and by adding at the end of said Code section a
new paragraph (9) to read as follows:
(9) The use of silencers for hunting within this state is prohib-
ited.
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 16,1983.
DEATH PENALTY DATE OF EXECUTION
PERSONS TO BE NOTIFIED.
Code Title 17, Chapter 10 Amended.
No. 279 (House Bill No. 313).
AN ACT
To amend Article 2 of Chapter 10 of Title 17 of the Official Code of
Georgia Annotated, relating to the death penalty generally, as
amended, so as to require that the Attorney General and the attor-
neys of record of a convicted person sentenced to death be notified of
666
GENERAL ACTS AND RESOLUTIONS, VOL. I
the date of execution and any changes in that date; 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. Article 2 of Chapter 10 of Title 17 of the Official Code
of Georgia Annotated, relating to the death penalty generally, is
amended by striking Code Section 17-10-33, relating to imposition of
sentence of death upon judgment of death, and inserting in its place a
new Code Section 17-10-33 to read as follows:
17-10-33. Upon a judgment of death made by a judge, it shall be
the duty of the judge to sentence the defendant to death and to
indicate the sentence in writing, which writing shall be filed with the
papers in the case against the defendant. A certified copy of the
sentence shall be sent by the clerk of the court in which the sentence
is pronounced to the defendants attorney of record, to the Attorney
General, and to the superintendent of the state correctional institu-
tion where the execution is to take place, not less than ten days prior
to the time fixed in the sentence of the court for the execution of the
defendant. In all cases it shall be the duty of the sheriff of the county
in which the defendant is sentenced, together with one deputy or
more if in his judgment it is necessary, and provided that in all cases
the number of guards shall be approved by the trial judge or, if he is
not available, by the judge of the probate court of the county in which
the defendant is sentenced, to convey the defendant to the appropri-
ate state correctional institution, not more than 20 days nor less than
two days prior to the time fixed in the judgment for the execution of
the defendant, unless otherwise directed by the Governor or unless a
stay of execution has been caused by an appeal, granting of a new
trial, or other order of a court of competent jurisdiction. The expense
for transporting the defendant to the state correctional institution for
the purpose of electrocution shall be paid by the county governing
authority of the county in which the defendant was convicted, out of
any funds on hand in the treasury of the county.
Section 2. Said article is further amended by striking Code
Section 17-10-40, relating to change of execution dates, and inserting
in its place a new Code Section 17-10-40 to read as follows:
17-10-40. Where the date for the execution of any convicted
person in a capital case has passed by reason of a supersedeas incident
to appellate review, a stay of execution by the Governor, or for any
GEORGIA LAWS 1983 SESSION
667
other reason, the judge of the superior court of the county where the
case was tried shall have the power and authority to pass an order
fixing a new date for the execution of the original sentence without
requiring the convicted person to be brought before him by a writ of
habeas corpus. The order shall be recorded on the minutes of the
court and a certified copy of the order shall be sent immediately to the
convicted persons attorney of record, to the Attorney General, and to
the superintendent of the state correctional institution at the place of
execution. The new date for the execution fixed by the judge shall be
not less than ten nor more than 20 days from the date of the order.
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 16,1983.
DISABLED VETERANS RELIEVED FROM PAYMENT
OF BUSINESS OR PROFESSIONAL LICENSE FEES.
Code Section 43-12-2 Amended.
No. 280 (House Bill No. 330).
AN ACT
To amend Code Section 43-12-2 of the Official Code of Georgia
Annotated, relating to the qualifications and submission of satisfac-
tory evidence in order to peddle, conduct business, or practice the
professions or semiprofessions without paying for a license, so as to
provide that certain additional veterans shall not be required to pay
for licenses; to repeal conflicting laws; and for other purposes.
668
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-12-2 of the Official Code of Georgia
Annotated, relating to the qualifications and submission of satisfac-
tory evidence in order to peddle, conduct business, or practice the
professions or semiprofessions without paying for a license, is
amended by striking subsection (c) of said Code section in its entirety
and substituting in lieu thereof a new subsection (c) to read as follows:
(c) A war veteran must furnish satisfactory proof that he has a
physical handicap which is disabling to the extent of 10 percent or
more; that his service in the armed forces of the United States was
terminated under conditions other than dishonorable; and that his
service or some part thereof was rendered during a war period as
defined by an act of the Congress of the United States, approved
March 20,1933, entitled An Act to Maintain the Credit of the United
States, and commonly known as Public Law No. 2, 73rd Congress; or
that some part of his service was rendered on or after December 7,
1941, and before December 31,1946; or that some part of his service
was rendered on or after June 27,1950, and before January 31,1955;
or that some part of his service was rendered on or after August 5,
1964, and before May 8,1975. Proof of such 10 percent disability shall
be established upon the written certificate of two physicians as to
such disability, or by a letter or other written evidence from the
United States Veterans Administration stating the degree of disabil-
ity, or by written evidence from the branch of the armed forces of the
United States in which such veteran served.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
669
NATURAL GUARDIANS OF MINORS CONDITIONS
REQUIRING BOND CHANGED.
Code Section 29-4-2 Amended.
No. 281 (House Bill No. 361).
AN ACT
To amend Code Section 29-4-2 of the Official Code of Georgia
Annotated, relating to natural guardians of minors and when bond is
required thereof, so as to change the conditions under which bond is
required; to 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 29-4-2 of the Official Code of Georgia
Annotated, relating to natural guardians of minors and when bond is
required thereof, is amended by striking that Code section in its
entirety and inserting in its place a new Code Section 29-4-2 to read as
follows:
29-4-2. (a) Unless otherwise provided in this Code section, if
both parents are alive, either parent is the natural guardian of a minor
child. If a parent is dead or if the parents are legally separated or
divorced, the parent having custody of the child is the natural
guardian.
(b) The natural guardian may not demand or receive the prop-
erty of the child until a guardians bond is filed and accepted by the
judge of the probate court; provided, however, that, where the value
of the property of the child is $1,000.00 or less, no bond will be
required, and where the value of the property is greater than
$1,000.00 but less than $5,000.00, whether or not bond will be
required shall be in the discretion of the judge of the probate court.
(c) If the natural guardian fails or refuses to give bond and
surety when required pursuant to subsection (b) of this Code section,
the judge of the probate court may appoint another guardian to
receive the property without publishing a citation as is published in
guardianship matters under other Code sections.
670
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
COMPOSITE STATE BOARD OF MEDICAL
EXAMINERS GROUNDS TO REFUSE OR TO
SUSPEND LICENSES ENLARGED.
Code Section 43-34-37 Amended.
No. 282 (House Bill No. 399).
AN ACT
To amend Code Section 43-34-37 of the Official Code of Georgia
Annotated, relating to the authority of the Composite State Board of
Medical Examiners to refuse to issue licenses and to suspend licenses,
to hearings before the board, and to immunity of witnesses for giving
testimony, so as to include among these grounds certain conduct
relating to drugs, treatment, or procedures detrimental to patients; to
change the provisions relating to immunity from civil and criminal
liability relative to certain investigations and the giving of testimony
in certain instances; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-34-37 of the Official Code of Georgia
Annotated, relating to the authority of the Composite State Board of
Medical Examiners to refuse to issue licenses and to suspend licenses,
hearings before the board, and to immunity of witnesses for giving
testimony, is amended by striking paragraph (7) of subsection (a)
thereof and inserting in its place a new paragraph (7) to read as
follows:
GEORGIA LAWS 1983 SESSION
671
(7) 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. As
used in this paragraph, the term unprofessional conduct shall
include any departure from, or failure to conform to, the minimal
standards of acceptable and prevailing medical practice and shall also
include, but not be limited to, the prescribing or use of drugs,
treatment, or diagnostic procedures which are detrimental to the
patient as determined by the minimal standards of acceptable and
prevailing medical practice or by rule of the board;.
Section 2. Said Code section is further amended by striking
subsection (h) in its entirety and inserting in lieu thereof a new
subsection (h) to read as follows:
(h) A person, partnership, firm, corporation, association,
authority, or other entity shall be immune from civil and criminal
liability for reporting or investigating 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 medicine or for initiating or conduct-
ing proceedings against such licensee or applicant, if such report is
made or action is taken in good faith without fraud or malice. Any
person who testifies in good faith without fraud or malice before the
board in any proceeding involving a violation of subsection (a) of this
Code section or any other law relating to a licensees or applicants
fitness to practice medicine, or who makes a recommendation to the
board in the nature of peer review, shall be immune from civil and
criminal liability for so testifying.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
672
GENERAL ACTS AND RESOLUTIONS, VOL. I
CANINE HANDLERS OF DEPARTMENT
OFFENDER REHABILITATION TO HAVE POWERS
OF POLICE OFFICERS.
Code Section 42-5-35 Amended.
No. 283 (House Bill No. 407).
AN ACT
To amend Article 2 of Chapter 5 of Title 42 of the Official Code of
Georgia Annotated, relating to wardens, superintendents, and other
personnel of the Department of Offender Rehabilitation, so as to
confer upon canine handlers employed by the Department of
Offender Rehabilitation all of the powers of a police officer of this
state when engaged in their official duties or in the apprehension of
any person, known or unknown, regardless of whether that person has
been previously convicted of or only suspected of committing a crime;
to authorize the Department of Offender Rehabilitation to assist local
and state law enforcement officers in the apprehension of such
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. Article 2 of Chapter 5 of Title 42 of the Official Code
of Georgia Annotated, relating to wardens, superintendents, and
other personnel of the Department of Offender Rehabilitation, is
amended by striking Code Section 42-5-35, relating to conferral of
police powers upon the commissioner of offender rehabilitation and
personnel of tbe Department of Offender Rehabilitation, in its
entirety and inserting in lieu thereof a new Code Section 42-5-35 to
read as follows:
42-5-35. (a) The board may adopt and promulgate rules and
regulations conferring all powers of a police officer of this state,
including, but not limited to, the power to make summary arrests for
violations of any of the criminal laws of this state and the power to
carry weapons, upon the commissioner, any deputy of the commis-
sioner, any departmental investigator, any correctional officer of the
department, or any warden, deputy warden, assistant warden, super-
GEORGIA LAWS 1983 SESSION
673
intendent, deputy superintendent, assistant superintendent, or cor-
rectional officer of any state or county institution operated under the
jurisdiction of the department.
(b) All powers of a police officer of this state, including, but not
limited to, the power to make summary arrest for violations of any of
the criminal laws of this state and the power to carry weapons, are
conferred upon canine handlers employed by the Department of
Offender Rehabilitation when engaged in their official duties or in the
apprehension of any person, known or unknown, regardless of
whether that person has been previously convicted of or is only
suspected of committing a crime.
(c) The Department of Offender Rehabilitation is authorized to
assist local and state law enforcement officers in the apprehension of
persons convicted of or suspected of committing a crime by making
canine handlers and canines trained in such apprehension available
to such law enforcement officers.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
DEPARTMENT OF ADMINISTRATIVE SERVICES
AUTHORIZED TO PROVIDE ADMINISTRATIVE
SERVICES TO LOCAL POLITICAL SUBDIVISIONS.
Code Section 50-5-15 Enacted.
No. 284 (House Bill No. 448).
AN ACT
To amend Article 1 of Chapter 5 of Title 50 of the Official Code of
Georgia Annotated, relating to general provisions regarding the
674
GENERAL ACTS AND RESOLUTIONS, VOL. I
Department of Administrative Services, so as to authorize the
Department of Administrative Services to provide for administrative
services to local political subdivisions under certain circumstances; 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 1 of Chapter 5 of Title 50 of the Official Code
of Georgia Annotated, relating to general provisions regarding the
Department of Administrative Services, is amended by adding a new
Code Section immediately following Code Section 50-5-14, to be
designated Code Section 50-5-15, to read as follows:
50-5-15. Any other provision of this chapter notwithstanding,
the Department of Administrative Services is authorized to provide
any administrative service which it normally provides to the various
departments, agencies, and institutions of the state to any local
political subdivision within the state. The provision of one or more
administrative services to any or all political subdivisions shall be at
the sole discretion of the commissioner of administrative services and
such services shall only be rendered after a request for such services
from the governing body of the local political subdivision.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
675
CONTINUANCES IN CASES WHERE PARTY OR
ATTORNEY IS IN ATTENDANCE ON SESSION OF
GENERAL ASSEMBLY.
Code Section 17-8-26 Amended.
No. 285 (House Bill No. 478).
AN ACT
To amend Article 2 of Chapter 8 of Title 17, relating to continu-
ances in criminal cases, so as to provide that, when a case is subject to
continuance because the attorney is a member of the General Assem-
bly, the party shall not be required to be present at the call of the case;
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 8 of Title 17, relating to
continuances in criminal cases, is amended by striking Code Section
17-8-26, relating to continuances by reason of attendance at the
General Assembly and inserting in its place a new Code section to
read as follows:
17-8-26. It shall be the duty of the judge of any trial court of
this state to continue any case in the court on or without motion when
any party thereto or his attorney shall, when the case is reached, be
absent from the court by reason of his membership in the General
Assembly. The continuance shall extend during the entire length of
any regular or extraordinary session of the General Assembly and
during the first three weeks of any recessed or adjourned regular or
extraordinary session thereof, including the first three weeks immedi-
ately following any session adjourned sine die, unless the party in
such absence of his attorney or the attorney in such absence of the
party shall, on the call of the case, announce ready for trial. When a
case is called and is subject to continuance because the partys
attorney is a member of the General Assembly, the party shall not be
required to be present at the call of the case. Where there are several
attorneys engaged by a party, a continuance shall be granted upon a
showing by the party or his other counsel that the absent counsel is
necessary or desirable for the proper handling of the case.
676
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
THEFT OF MOTOR VEHICLE LICENSE PLATES
DUTY OF OWNER TO REPORT.
Code Section 40-2-42 Enacted.
No. 286 (House Bill No. 497).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of
Georgia Annotated, relating to registration and licensing of motor
vehicles, so as to provide for the reporting of stolen license plates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code
of Georgia Annotated, relating to registration and licensing of motor
vehicles, is amended by adding a new Code Section 40-2-42 to read as
follows:
40-2-42. The owner of a motor vehicle shall immediately report
the theft of a license plate or revalidation decal to the appropriate law
enforcement agency or official, including but not limited to a munici-
pal or county police department or officer, the county sheriff, the
Department of Public Safety, or the Georgia State Patrol. Said owner
shall obtain a copy of the police report and shall submit such copy to
the local tag agent with a fee of $2.00 to obtain a duplicate license
plate or revalidation decal.
GEORGIA LAWS 1983 SESSION
677
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
CANCELLATION OF INDEBTEDNESS BY GRANTEE s-
DEFINITION OF TERMS.
Code Section 44-14-3 Amended.
No. 287 (House Bill No. 504).
AN ACT
To amend Code Section 44-14-3 of the Official Code of Georgia
Annotated, relating to furnishing of cancellation of indebtedness by
grantee upon payment and civil penalty for failure to comply and
liability of agents, so as to define certain terms; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 44-14-3 of the Official Code of Georgia
Annotated, relating to furnishing of cancellation of indebtedness by
grantee upon payment and civil penalty for failure to comply and
liability of agents, is amended by striking subsections (a) and (b) of
said Code section in their entirety and substituting in lieu thereof new
subsections (a) and (b) to read as follows:
(a) As used in this Code section, the term:
(1) Account means the loan, note, or other such agreement
executed by the parties.
(2) Finance charge means interest and other charges
agreed to by the parties.
678
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Grantee means heirs, devisees, executors, administra-
tors, successors, transferees or assigns, and any servicing agent or
any person or entity to whom indebtedness is paid on behalf of or
by any grantor.
(4) Grantor means heirs, devisees, executors, administra-
tors, successors, transferees, or assigns.
(5) Instrument means a deed to secure debt, a security
instrument, a purchase money mortgage, a financing statement, a
personalty mortgage, a loan contract, or other instrument exe-
cuted in connection with any loan.
(6) Revolving loan account means an arrangement
between a lender and a debtor for the creation of debt pursuant to
an agreement secured by an instrument and under which:
(A) The lender may permit the debtor to create debt
from time to time;
(B) The unpaid balances of principal of such debt and
the loan finance and other appropriate charges are debited to
an account;
(C) A loan finance charge is computed on the outstand-
ing balances of the debtors account from time to time; and
(D) The debtor agrees to repay the debt and accrued
finance charges in accordance with the written agreement
with the lender.
(E) The limitation on the maximum amount which the
debtor is entitled to become indebted under said arrangement
between the lender and debtor is stated on the face of the
instrument, and said amount shall be deemed to be notice of
the maximum amount secured by the instrument.
(b) Whenever the indebtedness secured by any instrument is
paid in full, the grantee of the instrument, within 45 days of the date
of the full payment, shall cause to be furnished to the grantor or to the
clerk of tbe superior court of the county or counties in which the
instrument is recorded a legally sufficient satisfaction or cancellation
to authorize and direct the clerk or clerks to cancel the instrument of
GEORGIA LAWS 1983 SESSION
679
record. In the case of a revolving loan account, the debt shall be
considered to be paid in full only when the entire indebtedness
including accrued finance charges has been paid and the lender or
debtor has notified the other party to the agreement in writing that he
wishes to terminate the agreement pursuant to its terms.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
TERMINATION DATE OF STATE BOARD OF
RECREATION EXAMINERS CHANGED.
Code Section 43-41-20 Amended.
No. 288 (House Bill No. 513).
AN ACT
To amend Chapter 41 of Title 43 of the Official Code of Georgia
Annotated, relating to recreation leaders and therapeutic recreation
technicians, so as to change the termination date of the State Board of
Recreation Examiners and the date of repeal of laws relating to such
board; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 41 of Title 43 of the Official Code of Georgia
Annotated, relating to recreation leaders and therapeutic recreation
technicians, is amended by striking in its entirety Code Section 43-41-
20, relating to the termination date of the State Board of Recreation
Examiners, and inserting in lieu thereof a new Code Section 43-41-20
to read as follows:
680
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-41-20. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Recreation Exam-
iners shall be terminated on July 1, 1984, 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 2. This Act shall become effective upon its approval by
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 March 16,1983.
DEPARTMENT OF OFFENDER REHABILITATION
CONFIDENTIALITY OF INFORMATION SUPPLIED
BY INMATES.
Code Section 42-5-36 Amended.
No. 289 (House Bill No. 548).
AN ACT
To amend Code Section 42-5-36 of the Official Code of Georgia
Annotated, relating to confidentiality of information supplied by
inmates and penalties for the breach thereof, so as to extend the
status of privileged information and secrets of the state to invest-
igation reports and intelligence data prepared by the Internal Invest-
igations Unit of the Department of Offender Rehabilitation; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1983 SESSION
681
Section 1. Code Section 42-5-36 of the Official Code of Georgia
Annotated, relating to confidentiality of information supplied by
inmates and penalties for the breach thereof, is amended by striking
said Code section in its entirety and substituting in lieu thereof a new
Code Section 42-5-36 to read as follows:
42-5-36. (a) Officials and employees of the department shall
respect the confidential nature of information supplied by inmates
who cooperate in remedying abuses and wrongdoing in the penal
system. Any official or employee who breaks such a confidence and
thereby subjects a cooperating inmate to physical jeopardy or harass-
ment shall be subject to suspension or discharge.
(b) Investigation reports and intelligence data prepared by the
Internal Investigations Unit of the Department of Offender Rehabili-
tation shall be classified as confidential state secrets and privileged
under law, unless declassified in writing by the commissioner.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GENERAL ASSEMBLY PROCEDURE FOR
DETERMINING PERMANENT DISABILITY OF THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Code Section 28-1-6.1 Enacted.
No. 290 (House Bill No. 647).
AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to the General Assembly, so as to provide for the
method for determining the permanent disability of the Speaker of
682
GENERAL ACTS AND RESOLUTIONS, VOL. I
the House of Representatives; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article III, Section III, Paragraph II of the
Constitution of the State of Georgia.
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to the General Assembly, is amended by adding a
new Code Section 28-1-6.1 immediately following Code Section 28-1-
6 to read as follows:
28-1-6.1. Upon a petition of 20 members of the majority caucus
of the House of Representatives being filed with the Clerk of the
House that the Speaker of the House is unable to perform the duties
of that office because of physical or mental disability, the Clerk shall
make a copy of the petition for the records of his office and shall
transmit, within three days, the original to the chairman of the
majority caucus along with his certificate as to the date and time on
which the petition was filed with him. The chairman shall call a
meeting of the caucus to be held within five days from the date he
receives the petition and certificate from the Clerk. Such meeting
shall be for the purpose of holding a hearing on the petition and the
caucus shall adopt rules for the conduct of the hearing. After the
hearing the members of the caucus shall vote and if a majority of the
membership of the caucus votes that there is a disability and that
such disability is permanent the office shall be declared vacant and
the Speaker Pro Tempore shall become Speaker and serve until a
Speaker is elected.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
683
GARNISHMENT WHEN PENSION OR RETIREMENT
FUNDS SUBJECT.
Code Section 18-4-22 Amended.
No. 291 (House Bill No. 675).
AN ACT
To amend Article 1 of Chapter 4 of Title 18 of the Official Code of
Georgia Annotated, relating to garnishment in general, so as to
specify when funds or benefits of a pension or retirement program
shall be subject to garnishment; 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 4 of Title 18 of the Official Code
of Georgia Annotated, relating to garnishment in general, is amended
by striking Code Section 18-4-22 which reads as follows:
18-4-22. Funds or benefits from a pension or retirement pro-
gram shall be exempt from the process of garnishment until paid or
otherwise transferred to a member of such program or beneficiary
thereof. Such funds or benefits, when paid or otherwise transferred to
the member or beneficiary, shall be exempt from the process of
garnishment only to the extent provided in Code Section 18-4-20 for
other disposable earnings, unless a greater exemption is otherwise
provided by law.,
and inserting in its place a new Code section to read as follows:
18-4-22. (a) Funds or benefits from a pension or retirement
program shall be exempt from the process of garnishment until paid
or otherwise transferred to a member of such program or beneficiary
thereof. Such funds or benefits, when paid or otherwise transferred to
the member or beneficiary, shall be exempt from the process of
garnishmeilt only to the extent provided in Code Section 18-4-20 for
other disposable earnings, unless a greater exemption is otherwise
provided by law.
684
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The exemption provided by this Code section shall not apply
when:
(1) Such funds or benefits are currently due and payable or
transferable to a member of such program or to a beneficiary
thereof; and
(2) The garnishment is based upon a judgment for alimony
or for child support,
in which event such funds or benefits shall then be subject to the
process of garnishment to the extent provided in subsection (f) of
Code Section 18-4-20.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
EFFECTIVE DATE OF CERTAIN ARTICLES OF
CODE RELATING TO TREATMENT OF ALCOHOLICS
DELAYED.
Code Section 37-8-53 Amended.
No. 292 (House Bill No. 6).
AN ACT
To amend Chapter 8 of Title 37 of the Official Code of Georgia
Annotated, relating to treatment of alcoholics and intoxicated per-
sons, so as to delay the effective date of certain articles in that
chapter; to provide an effective date; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1983 SESSION
685
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 37 of the Official Code of Georgia
Annotated, relating to treatment of alcoholics and intoxicated per-
sons, is amended by striking Article 4 thereof, relating to the effective
date of certain other articles, and inserting in its place 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, 1985; notwithstanding Code Section 1-1-9,
relating to the effective date of the Official Code of Georgia Anno-
tated.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
NO OFFICE ABOLISHED NOR TERM OF
INCUMBENT SHORTENED WITHOUT REFERENDUM.
Code Section 1-3-11 Enacted.
No. 293 (House Bill No. 21).
AN ACT
To amend Chapter 3 of Title 1 of the Official Code of Georgia
Annotated, relating to laws and statutes, so as to provide that no
office to which a person has been elected shall be abolished nor the
term of the office shortened or lengthened by local or special Act
686
GENERAL ACTS AND RESOLUTIONS, VOL. I
during the term for which such person was elected unless the same
shall be approved by the people of the jurisdiction affected in a
referendum on the question; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 1 of the Official Code of Georgia
Annotated, relating to laws and statutes, is amended by adding at the
end thereof a new Code Section 1-3-11 to read as follows:
1-3-11. No office to which a person has been elected shall be
abolished nor the term of the office shortened or lengthened by local
or special Act during the term for which such person was elected
unless the same shall be approved by the people of the jurisdiction
affected in a referendum on the question.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
CONSOLIDATED ELECTION RETURNS FILING
WITH SECRETARY OF STATE.
Code Section 21-3-406 Amended.
No. 294 (House Bill No. 29).
AN ACT
To amend Article 12 of Chapter 3 of Title 21 of the Official Code of
Georgia Annotated, relating to election returns, so as to provide for
the preparation and filing of four copies of the consolidated returns of
primaries and elections by the superintendent; to provide for a
procedure whereby election returns shall be made to the Secretary of
GEORGIA LAWS 1983 SESSION
687
State as required by Article II, Section II, Paragraph I of the
Constitution of the State of Georgia; to provide for legislative intent;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article II, Section II, Paragraph I of the Consti-
tution of the State of Georgia.
Section 2. Article 12 of Chapter 3 of Title 21 of the Official
Code of Georgia Annotated, relating to election returns, is amended
by striking Code Section 21-3-406, relating to the filing of election
returns, which reads as follows:
21-3-406. (a) After the certification of the returns of any
primary or election as provided by Code Section 21-3-403, the super-
intendent shall retain in his office one copy of the returns so certified.
(b) In the case of a primary, each party superintendent shall
make the return required by the rules of his party.
(c) In the case of an election, the superintendent shall make the
return of the election to the governing authority of the municipality.,
in its entirety and inserting in lieu thereof a new Code Section 21-3-
406 to read as follows:
21-3-406. Each superintendent shall prepare four copies of the
consolidated return of the primary or election to be certified by the
superintendent on forms furnished by the Secretary of State, such
consolidated returns to be filed immediately upon certification as
follows:
(1) One copy to be posted at city hall for the information of
the public;
(2) One copy to be filed in the superintendents office;
(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
688
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) One copy to be sealed and filed with the clerk of the
superior court in the same manner as required by Code Section 21-
2-500.
Section 3. This Act shall become effective July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GENERAL ASSEMBLY PRESERVATION OF
ENGROSSED COPIES OF BILLS AND JOINT
RESOLUTIONS FILING, ETC.
Code Section 28-1-11 Amended.
No. 295 (House Bill No. 30).
AN ACT
To amend Code Section 28-1-11 of the Official Code of Georgia
Annotated, relating to maintenance of copies of laws and joint
resolutions, so as to provide the procedure for maintaining engrossed
copies of bills and certain resolutions; to provide for the maintenance
of enrolled Acts; to provide for the publication of enrolled Acts; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement the provisions
of Article III, Section V, Paragraph I of the Constitution of the State
of Georgia.
Section 2. Code Section 28-1-11 of the Official Code of Georgia
Annotated, relating to maintenance of copies of laws and joint
GEORGIA LAWS 1983 SESSION
689
resolutions, is amended by striking said Code section in its entirety
and inserting in lieu thereof a new Code Section 28-1-11 to read as
follows:
28-1-11. The engrossed copies of all bills and of all resolutions
intended to have the effect of law passed by either house of the
General Assembly shall be preserved by the Secretary of the Senate
and the Clerk of the House of Representatives and deposited in the
office of the Secretary of State. The enrolled copies of all bills and of
all resolutions intended to have the effect of law, which, when signed
by the Governor, become enrolled Acts, shall be deposited in the
office of the Secretary of State. The Secretary of State shall provide
for the publication of such Acts.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GENERAL ASSEMBLY POWERS AND DUTIES OF
PRESIDENT PRO TEMPORE OF SENATE AND OF
SPEAKER PRO TEMPORE OF HOUSE.
Code Section 28-1-6 Amended.
No. 296 (House Bill No. 36).
AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions relative to the General
Assembly of Georgia, so as to repeal the provisions relating to the
election of the President of the Senate and the Speaker of the House
of Representatives and the President Pro Tempore of the Senate and
the Speaker Pro Tempore of the House of Representatives; to change
the provisions relating to the powers and duties of such officers; to
690
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide for a statement of intent; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement the provi-
sions of Article III, Section III of the Constitution of the State of
Georgia.
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions relative to the General
Assembly of Georgia, is amended by striking Code Section 28-1-6,
relating to the election of the President and the President Pro
Tempore of the Senate and the Speaker and the Speaker Pro Tem-
pore of the House of Representatives and their powers and duties, in
its entirety and inserting in lieu thereof a new Code Section 28-1-6 to
read as follows:
28-1-6. While presiding or in the absence of the President of the
Senate, the President Pro Tempore shall have the same powers and
duties as the President of the Senate. While presiding or in the
absence of the Speaker of the House of Representatives, the Speaker
Pro Tempore shall have the same powers and duties as the Speaker of
the House of Representatives.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
691
GEORGIA WITHDRAWN FROM VEHICLE EQUIPMENT
SAFETY COMPACT.
Code Sections 40-8-280 through 40-8-291
Repealed.
No. 297 (House Bill No. 77).
AN ACT
To repeal Article 5 of Chapter 8 of Title 40 of the Official Code of
Georgia Annotated, relating to Georgia as a party state to the Vehicle
Equipment Safety Compact; to provide for withdrawal of the State of
Georgia from the compact; 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. Article 5 of Chapter 8 of Title 40 of the Official Code
of Georgia Annotated, relating to Georgia as a party state to the
Vehicle Equipment Safety Compact, is repealed in its entirety.
Section 2. The State of Georgia withdraws from the Vehicle
Equipment Safety Compact effective one year after the Governor
gives notice of withdrawal as provided in Article IX of the compact.
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 16,1983.
692
GENERAL ACTS AND RESOLUTIONS, VOL. I
APPOINTMENT OF TEMPORARY GUARDIANS FOR
MINORS IN CERTAIN CASES.
Code Section 29-4-4.1 Enacted.
No. 298 (House Bill No. 79).
AN ACT
To amend Chapter 4 of Title 29 of the Official Code of Georgia
Annotated, relating to guardians of minors, so as to provide for the
appointment, in certain cases, of a temporary guardian for a minor
when the actual whereabouts of one or both of the minors natural
guardians are unknown or when the minor is alleged by the person
having actual custody of such minor to be in need of a guardian and
one or both of the natural guardians fails to sign a relinquishment of
guardianship rights; to provide for notice and procedures for appoint-
ment of the temporary guardian; to provide for the minor to select a
temporary guardian under certain conditions; 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 29 of the Official Code of Georgia
Annotated, relating to guardians of minors, is amended by adding
between Code Section 29-4-4 and Code Section 29-4-5 a new Code
Section 29-4-4.1 to read as follows:
29-4-4.1. (a) (1) The judge of the probate court of the
county in which the person having actual physical custody of the
minor resides shall have the power to appoint a temporary guard-
ian of the person or property, or both, of the minor when the actual
whereabouts of one or both of the minors natural guardians are
unknown or when the minor is alleged by the person having actual
custody of such minor to be in need of a guardian and one or both
of the natural guardians fails to sign a relinquishment of guardian-
ship rights. No temporary guardian shall be appointed unless
proper notice as required in this Code section is given or if
objection is filed by a natural guardian.
GEORGIA LAWS 1983 SESSION
693
(2) If such minor is above the age of 14 years before a
temporary guardian is appointed, the minor shall have the privi-
lege of selecting a temporary guardian himself. If the selection is
judicious, the judge of the probate court shall appoint the tempo-
rary guardian so selected. Having once exercised this privilege,
the ward may not do so again except upon cause shown for the
removal of the temporary guardian first selected.
(b) Notice of the pending application for temporary guardian-
ship shall be given to the minors natural guardian or guardians if
such do not relinquish in writing their guardianship rights. Such
notice shall be by personal service if the natural guardian to be served
resides in this state at a known current address or, if the current
address is unknown or is outside this state, by first class mail sent to
the natural guardians last known address, if any, or, if no address is
known, by publication as provided in Code Section 9-11-4 of the
Official Code of Georgia Annotated, relating to process. If no natural
guardian appears and objects to the application for temporary guard-
ianship, the judge of the probate court shall appoint a temporary
guardian.
(c) Upon subsequent application to the court for guardianship of
the minor by the minors natural guardian, the judge of the probate
court shall remove the temporary guardian appointed under this
Code section and dissolve the temporary guardianship.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
694
GENERAL ACTS AND RESOLUTIONS, VOL. I
SERVICES BY EMERGENCY MEDICAL TECHNICIANS
UNDER CERTAIN CONDITIONS.
Code Section 31-11-59 Amended.
No. 299 (House Bill No. 80).
AN ACT
To amend Code Section 31-11-59 of the Official Code of Georgia
Annotated, relating to services by emergency medical personnel in
hospitals, so as to authorize emergency medical technicians to render
certain services in hospitals 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. Code Section 31-11-59 of the Official Code of Georgia
Annotated, relating to services by emergency medical personnel in
hospitals, is amended by replacing that Code section with a new Code
Section 31-11-59 to read as follows:
31-11-59. Emergency medical technicians, advanced emer-
gency medical technicians, and cardiac technicians may render any
service which they are authorized to render under Code Sections 31-
11-53, 31-11-54, and 31-11-55, respectively, in any hospital. Such
services shall not be rendered in lieu of the services of a physician or a
registered professional nurse and shall only be rendered in a hospital
at the discretion of and after the prior approval by the hospital
governing authority on the order of a physician or, if a physician or
registered professional nurse is present, at the direction of a physician
or registered professional nurse, provided that such hospital has a
currently valid permit or conditional permit issued by the depart-
ment pursuant to Article 1 of Chapter 7 of this title. The provisions of
this Code section are cumulative and are not intended to limit the
rendering of services by emergency medical technicians, cardiac
technicians, and advanced emergency medical technicians in any area
in which they are already authorized to render such services.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1983 SESSION
695
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
INSURANCE COMPANIES AS SURETIES ON
GUARANTEED ARREST BOND CERTIFICATES
OF TRUCKING CLUBS OR ASSOCIATIONS.
Code Section 33-24-50 Amended.
No. 300 (House Bill No. 179).
AN ACT
To amend Code Section 33-24-50 of the Official Code of Georgia
Annotated, relating to action as sureties upon guaranteed arrest bond
certificates by insurance companies, so as to authorize domestic or
foreign insurance companies, fidelity insurance companies, or surety
companies to contract to become sureties on guaranteed arrest bond
certificates issued by trucking clubs or associations; to change the
amount for which such companies act as sureties; to 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 33-24-50 of the Official Code of Georgia
Annotated, relating to action as sureties upon guaranteed arrest bond
certificates by insurance companies, is amended by striking said Code
section in its entirety and inserting in lieu thereof a new Code Section
33-24-50 to read as follows:
33-24-50. (a) Any domestic or foreign insurance company,
fidelity insurance company, or surety company which has qualified to
transact business within this state may contract to become surety, in
an amount not to exceed $250.00 each, for any guaranteed arrest bond
696
GENERAL ACTS AND RESOLUTIONS, VOL. I
certificates issued by an automobile club or association or by a
trucking club or association by filing with the Commissioner a certifi-
cate thus to become surety.
(b) The certificate shall be in a form which shall be prescribed by
the Commissioner and shall state:
(1) The name and address of the automobile club or clubs or
automobile association or associations or of the trucking club or
clubs or trucking association or associations issuing the guaran-
teed arrest bond certificates of which the company undertakes to
be surety; and
(2) The unqualified obligations of the company undertak-
ing to become surety to pay the fine or forfeiture, in an amount not
to exceed $250.00, of any person who fails to make an appearance
to answer to the charges for which said guaranteed arrest bond
certificate is posted.
(c) Any guaranteed arrest bond certificate to which an insur-
ance, fidelity insurance, or surety company has become surety, as
provided for in this Code section, shall, when posted by the person
whose signature appears thereon, be accepted, in lieu of cash bail or
other bond in an amount not to exceed $250.00, as a bail bond to
guarantee the appearance of the person in any court in this state,
including all municipal courts in this state, at such time as may be
required by the court when the person is arrested for violation of any
motor vehicle law of this state, including, but not limited to, viola-
tions regarding the size, weight, or height of vehicles, improperly
licensed vehicles, improper identification devices, safety infractions,
and faulty equipment or pollution control devices, or any motor
vehicle ordinance of any municipality in this state except for the
offense of driving under the influence of intoxicating liquors or drugs
or for any felony. Any guaranteed arrest bond certificates so posted as
bail bond in any court in this state shall be subject to the forfeiture
and enforcement provisions with respect to bail bonds in criminal
cases as provided by law. Any guaranteed arrest bond certificate
posted as a bail bond in any municipal court of this state shall be
subject to the forfeiture and enforcement provisions of the charter or
ordinance of the particular municipality pertaining to bail bonds.
Section 2. This Act shall become effective September 1,1983.
GEORGIA LAWS 1983 SESSION
697
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
PRESENTENCE OR POSTSENTENCE INVESTIGATIONS
OR PSYCHOLOGICAL EVALUATIONS OF CONVICTED
PERSONS CONFIDENTIALITY, ETC.
Code Section 42-8-29.1 Enacted.
No. 301 (Senate Bill No. 237).
AN ACT
To amend Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, so as to provide for presentence or
postsentence investigations or psychological evaluations of convicted
persons compiled by probation personnel to be forwarded to certain
offices within the Department of Offender Rehabilitation under
certain conditions; to provide for other information to be sent to such
department under certain conditions; to make such information
available to the State Board of Pardons and Paroles; to provide for
confidentiality of such information; to prohibit the dissemination of
such information to other persons or agencies without proper consent;
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 42 of the Official Code of Georgia
Annotated, relating to probation, is amended by adding between
Code Sections 42-8-29 and 42-8-30 a new Code section, to be desig-
nated Code Section 42-8-29.1, to read as follows:
698
GENERAL ACTS AND RESOLUTIONS, VOL. I
42-8-29.1. (a) When a convicted person is committed to an
institution under the jurisdiction of the Department of Offender
Rehabilitation, any presentence or postsentence investigation or
psychological evaluation compiled by a probation supervisor or other
probation official shall be forwarded to any division or office desig-
nated by the commissioner. Accompanying this document or evaluat-
ion will be the case history form and the criminal history sheets from
the Federal Bureau of Investigation or the Georgia Crime Informa-
tion Center, if available, unless any such information has previously
been sent to the department pursuant to Code Section 42-5-50. A
copy of these same documents shall be made available for the State
Board of Pardons and Paroles. A copy of one or more of these
documents, based on need, may be forwarded to another institution
to which the defendant may be committed.
(b) The prison or institution receiving these documents shall
maintain the confidentiality of the documents and the information
contained therein and shall not send them or release them or reveal
them to any other person, institution, or agency without the express
consent of the probation unit which originated or accumulated the
documents.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
699
SALE OF SALVAGE MOTOR VEHICLES OR PARTS
TO AN UNLICENSED SALVAGE DEALER PROHIBITED.
Code Section 33-6-5 Amended.
No. 302 (Senate Bill No. 241).
AN ACT
To amend Code Section 33-6-5 of the Official Code of Georgia
Annotated, relating to unfair methods of competition and unfair and
deceptive acts or practices, so as to provide that no insurance com-
pany, when selling salvage motor vehicles, major component parts, or
parts, shall sell to a used motor vehicle parts dealer, motor vehicle
dismantler, motor vehicle rebuilder, salvage pool dealer, or salvage
dealer who is not licensed under Chapter 48 of Title 43; to 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 33-6-5 of the Official Code of Georgia
Annotated, relating to unfair methods of competition and unfair and
deceptive acts or practices, is amended by adding at the end thereof a
new paragraph, to be designated paragraph (9), to read as follows:
(9) No insurance company, when selling salvage motor vehicles,
major component parts, or parts, shall sell to a used motor vehicle
parts dealer, motor vehicle dismantler, motor vehicle rebuilder,
salvage pool dealer, or salvage dealer who is not licensed under
Chapter 48 of Title 43.
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 March 16,1983.
700
GENERAL ACTS AND RESOLUTIONS, VOL. I
WORKERSCOMPENSATION DUTY OF BOARD TO
INFORM INJURED WORKERS OF RIGHTS, ETC.
Code Section 34-9-81.1 Enacted.
Code Title 34, Chapter 9 Amended.
No. 303 (Senate Bill No. 56).
AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to workers compensation, so as to require the
board to provide injured workers with certain information concerning
rights, benefits, and obligations of injured workers under the workers
compensation laws; to change the provisions relating to compensation
for expenses of a deceased employees last illness and burial expenses;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to workers compensation, is amended by adding
between Code Sections 34-9-81 and 34-9-82 a new Code section, to be
designated Code Section 34-9-81.1, to read as follows:
34-9-81.1. Upon receipt of notice of injury from the employer,
as provided in subsection (a) of Code Section 34-9-12, or any other
indication of compensable injury, the board shall as soon as practica-
ble, provide the injured worker with notice of his or her rights,
benefits, and obligations under this chapter together with a brief
explanation of the operation of such chapter. This Code Section 34-9-
81.1 shall become effective January 1,1984.
Section 2. Said chapter is further amended by striking in its
entirety paragraph (1) of subsection (b) of Code Section 34-9-265,
relating to compensation for expenses of a deceased employees last
illness and burial expenses, and inserting in lieu thereof a new
paragraph (1) to read as follows:
(1) The employer shall, in addition to any other compensa-
tion, pay the reasonable expenses of the employees last sickness
and burial expenses not to exceed $1,500.00. If the employee
leaves no dependents, this shall be the only compensation;.
GEORGIA LAWS 1983 SESSION
701
Section 3. Said Code chapter is further amended by adding to
Code Section 34-9-2 the following language at the end of subsection
(a) of that Code section:
nor to any person performing services as a licensed real estate
salesperson or associate broker who has a written contract of employ-
ment providing that he or she shall perform all services as an
independent contractor,
so that when so amended Code Section 34-9-2 shall read as follows:
(a) This chapter shall not apply to common carriers, by railroad
engaged in intrastate trade or commerce, nor shall this chapter be
construed to lessen the liability of such common carriers or take away
or diminish any right that any employee of such common carrier or, in
case of his death, the personal representative of such employee may
have under the laws of this State; nor shall this chapter apply to
employees whose employment is not in the usual course of trade,
business, occupation or profession of the employer or not incidental
thereto; nor to farm laborers or domestic servants; nor to employers of
such employees; nor to any person, firm or private corporation,
including any public service corporation, that has regularly in service
less than three employees in the same business within this State,
unless such employees and their employers voluntarily elect to be
bound; nor to any person performing services as a licensed real estate
salesperson or associate broker who has a written contract of employ-
ment providing that he or she shall perform all services as an
independent contractor.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
702
GENERAL ACTS AND RESOLUTIONS, VOL. I
FORMS OF MOTIONS FOR NEW TRIAL IN CIVIL
AND CRIMINAL CASES.
Code Section 5-5-42 Amended.
No. 304 (Senate Bill No. 69).
AN ACT
To amend Code Section 5-5-42 of the Official Code of Georgia
Annotated, relating to forms for motions for new trials, so as to
provide a form for motion for new trials in criminal cases; to provide
that such forms shall be sufficient in law; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 5-5-42 of the Official Code of Georgia
Annotated, relating to forms for motions for new trials, is amended by
striking said Code section in its entirety and inserting in its place a
new Code Section 5-5-42 to read as follows:
5-5-42. (a) The form for motion for new trial in civil cases
prescribed in subsection (b) of this Code section shall be sufficient,
but any other form substantially complying therewith shall also be
sufficient.
(b) Form for motion for new trial in civil cases:
IN THE__________COURT OF______________COUNTY
STATE OF GEORGIA
______________ )
(Plaintiff) )
)
)
)
)
v. ) (Civil Action)
)
)
) File no.________
)
)
Defendant
GEORGIA LAWS 1983 SESSION
703
MOTION FOR NEW TRIAL
Defendant moves the court to set aside the verdict returned
herein on_______, 19__, and the judgment entered thereon on
_________, 19_, and to grant a new trial on the following grounds:
(1) The verdict is contrary to law.
(2) The verdict is contrary to the evidence.
(3) The verdict is strongly against the weight of the evi-
dence.
(4) The court erred in permitting witness Smith to testify as
follows:______________.
(5) The court erred in failing to charge the jury on unavoid-
able accident as requested in writing by
defendant.
(6) The court erred in charging the jury as follows:___
Dated: _________|_____, 19__.
Attorney for
defendant
Address
(Here set forth rule nisi
and certificate of service.)
(c) The form for motion for new trial in criminal cases in
subsection (d) of this Code section is declared to be sufficient but any
other form substantially complying therewith shall also be sufficient.
(d) Form for motion for new trial in criminal cases:
704
GENERAL ACTS AND RESOLUTIONS, VOL. I
IN THE___________COURT OF______________COUNTY
STATE OF GEORGIA
)
)
)
) (Indictment)
) (Accusation)
) File no.______
)
MOTION FOR NEW TRIAL
Defendant moves the court to set aside the verdict returned
herein on_______, 19__, and the sentence entered thereon on
________, 19_and to grant a new trial on the following grounds:
(1) The defendant should be acquitted and discharged due
to the states failure to prove guilt beyond a
reasonable doubt.
(2) Although the state proved the defendants guilt beyond
a reasonable doubt, the evidence was suffi-
ciently close to warrant the trial judge to exer-
cise his discretion to grant the defendant a
retrial.
(3) The court committed an error of law warranting a new
trial.
Dated:__________, 19_.
(The State)
v.
Defendant
Attorney for
defendant
Address
GEORGIA LAWS 1983 SESSION
705
(Here set forth rule nisi
and certificate of service.)
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
LAWS REGULATING TECHNICIANS WHO ASSIST
VETERINARIANS REVISED.
Code Title 43, Chapter 50 Amended.
No. 305 (Senate Bill No. 173).
AN ACT
To amend Chapter 50 of Title 43 of the Official Code of Georgia
Annotated, relating to veterinary medicine, so as to revise the laws
regulating technicians who assist veterinarians; to provide for all
related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 50 of Title 43 of the Official Code of Georgia
Annotated, relating to veterinary medicine, is amended by striking
Article 3, relating to registered animal technicians, and substituting
in lieu thereof a new Article 3 to read as follows:
ARTICLE 3
43-50-50. It is the purpose of this article to encourage more
effective utilization of the skills of veterinarians by enabling them to
delegate certain veterinary health care tasks to veterinary technicians
where such delegation is consistent with the animal patients health
and welfare.
706
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-50-51. As used in this article, the term:
(1) Veterinary technician means an individual who has
received a degree in animal technology or a comparable subject
from an approved school of veterinary medicine or veterinary
technology and who is employed by and under the direct supervi-
sion of a licensed veterinarian to perform the following duties:
(A) Obtain and record information about animal
patients;
(B) Prepare animal patients, instruments, equipment,
and medication for surgery;
(C) Collect specimens and perform laboratory proce-
dures;
(D) Apply wound dressings; or
(E) Assist a licensed veterinarian in diagnostic, medi-
cal, and surgical procedures.
(2) Registered animal technician means any person
approved to work as a registered animal technician by the State
Board of Veterinary Medicine under the former laws regulating
animal health technicians in the State of Georgia.
(3) Direct supervision means instruction and directions
requiring the physical presence of a licensed veterinarian on the
premises.
43-50-52. (a) (1) Any person desiring to work as a veterinary
technician in this state shall apply to the board for a certificate of
registration as a veterinary technician and shall pass such exami-
nations as the board requires. All such applications shall be made
on forms provided by the board and shall be accompanied by a fee
to be provided for by the board.
(2) The application shall include evidence, satisfactory to
the board, that:
(A) The applicant has attained the age of 18;
GEORGIA LAWS 1983 SESSION
707
(B) The applicant is of good moral character;
(C) The applicant is a graduate of an animal technology
program approved by the board; and
(D) The applicant meets such other qualifications or
provides such other information as the board may require by
rule.
(3) If the board finds that the applicant possesses the
proper qualifications, it shall admit the applicant to the examina-
tion.
(4) If the applicant is found not qualified to take the
examination, the board shall notify the applicant in writing of
such finding and return his examination fee.
(b) Until January 1,1984, any person who has been at any time
licensed as a registered animal technician and has had three years
experience of employment as a registered animal technician shall
upon application be licensed as a veterinary technician without
examination and without meeting the requirements of subsection (d)
of this Code section.
(c) Any person who immediately prior to the effective date of
this Code section was currently licensed as a registered animal
technician shall be entitled to be licensed as a veterinary technician
and to have such license renewed without examination and without
meeting any other requirements of this article.
43-50-53. (a) The board shall hold at least one examination
during each year and may hold such additional examinations as are
necessary.
(b) After each examination, the joint-secretary shall notify each
examinee of the results of his examination, and the board shall issue
certificates of registration to the successful applicants. Any person
failing an examination shall be admitted to any subsequent examina-
tion on payment of the examination fee.
43-50-54. (a) A registered veterinary technician shall be
allowed to perform his duties only under the direct supervision of a
licensed veterinarian.
708
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Veterinary technicians registered under this article shall at
all times notify the joint-secretary of the name and location of the
veterinarian under whose supervision such veterinary technician is
working.
(c) A veterinary technician may not be utilized in any manner
which would be in violation of Article 2 of this chapter.
(d) A veterinary technician shall not be utilized to perform the
duties of a pharmacist licensed under Part 3 of Article 2 of Chapter 4
of Title 26.
43-50-55. (a) Any veterinarian, animal clinic, or animal hospi-
tal using registered veterinary technicians shall post a notice to that
effect in a prominent place.
(b) A veterinary technician must clearly identify himself as such
in order to ensure that he is not mistaken by the public as a licensed
veterinarian. This may be accomplished, for example, by the wearing
of an appropriate name tag. Any time the veterinary technicians
name appears in a professional setting, his status must be shown as
veterinary technician.
(c) No veterinarian shall have more than two veterinary techni-
cians in his employment at any one time.
43-50-56. A veterinarian who applies for or utilizes a veterinary
technician shall be responsible for any violation of any limitations
which are placed on the duties of a veterinary technician.
43-50-57. (a) The approval of a veterinarians utilization of a
veterinary technician may be terminated or suspended and the
registration certificate revoked or suspended by the board when, after
due notice and a hearing, in accordance with this Code section, it shall
find any of the following:
(1) That the technician is incompetent or has committed
unethical or immoral acts, including, but not limited to, holding
himself out or permitting another to represent him as a licensed
veterinarian;
(2) That the technician has performed veterinary medical
tasks other than at the direction of the veterinarian approved by
the board to utilize the veterinary technicians services;
GEORGIA LAWS 1983 SESSION
709
(3) That the technician has performed duties not autho-
rized by the employing veterinarian;
(4) That the technician has habitually used intoxicants or
drugs to such an extent that he is unable safely to perform as a
veterinary technician; or
(5) That the technician has been arrested and indicted or
convicted in any court, state or federal, of any felony or other
criminal offense involving moral turpitude.
(b) Before termination or suspension of approval or registration
granted by the board to a veterinary technician, the board shall give
to the veterinary technician timely and reasonable written notice
indicating the general nature of the charge, accusation, or complaint
preferred against him, which notice shall state that the veterinary
technician will be given an opportunity to controvert such charges or
complaints at a public hearing before the board. Following such
hearing, the board shall determine, on the basis of its regulations,
whether the approval or registration of the veterinary technician shall
be terminated or suspended.
(c) In hearings held pursuant to subsection (b) of this Code
section, the board shall apply the rules of evidence as prescribed in
Chapter 13 of Title 50, the Georgia Administrative Procedure Act.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
710
GENERAL ACTS AND RESOLUTIONS, VOL. I
THE USED MOTOR VEHICLE DISMANTLERS,
REBUILDERS, AND SALVAGE DEALERS
REGISTRATION ACT AMENDED.
Code Title 43, Chapter 48 Amended.
No. 306 (Senate Bill No. 215).
AN ACT
To amend Chapter 48 of Title 43 of the Official Code of Georgia
Annotated, known as The Used Motor Vehicle Dismantles,
Rebuilders, and Salvage Dealers Registration Act, so as to change
the definition of certain terms; to change the composition of the State
Board of Registration for Used Motor Vehicle Dismantlers, Rebuild-
ers, and Salvage Dealers; to change the provisions relating to applica-
tions for license as a dealer; to change the provisions relating to
investigation of applicants; to change the provisions relating to
maintenance of records by licensees; to change the termination date
of the State Board of Registration for Used Motor Vehicle Disman-
tlers, Rebuilders, and Salvage Dealers and the date of repeal of laws
relating to such board; 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 48 of Title 43 of the Official Code of Georgia
Annotated, known as The Used Motor Vehicle Dismantlers,
Rebuilders, and Salvage Dealers Registration Act, is amended by
striking in its entirety Code Section 43-48-2, relating to definitions,
and inserting in lieu thereof a new Code Section 43-48-2 to read as
follows:
43-48-2. As used in this chapter, the term:
(1) Board means the State Board of Registration for Used
Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
(2) Dealer means any person, partnership, firm, or corpo-
ration buying, selling, or using motor vehicle parts, either as a used
motor vehicle parts dealer, a motor vehicle dismantler, a motor
vehicle rebuilder, a salvage pool dealer, or a salvage dealer.
GEORGIA LAWS 1983 SESSION
711
(3) Dismantler means any person, partnership, firm, or
corporation engaged in the business of acquiring wrecked, aban-
doned, or reparable motor vehicles and selling either the usable
parts, the motor vehicle as a unit, or the hulk of the motor vehicle
after the usable parts have been removed. For the purposes of this
chapter, a person, partnership, firm, or corporation shall be pre-
sumed to be engaged in the business of auto dismantling if he or it
possesses ten or more inoperative motor vehicles for more than 45
days unless such vehicles are scrap vehicles being held by a scrap
metal processor for recycling scrap metal, vehicles being held by a
repair business awaiting repairs, or vehicles being held for other
reasons as may be prescribed by the board.
(4) Established place of business means a salesroom or
sales office in a building or an open lot at which a business of
buying, bartering, trading, offering, displaying, selling,
dismantling, or rebuilding wrecked or used motor vehicles or parts
is carried on or the place at which books and records required for
the conduct of such business are kept.
(5) Licensee means any person who is required to be
licensed or who is actually licensed under this chapter.
(6) Major component part means one of the following
subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, grille, and hood);
(B) Rear clip assembly (quarter panels, floor panel
assembly);
(C) Engine and transmission;
(D) Top assembly, with the exception of soft tops;
(E) Frame or frame section; or
(F) Complete side (fenders, door, and quarter panel).
(7) Motor vehicle means every vehicle which is self-pro-
pelled except trackless trolleys (which are classified as streetcars),
motorcycles, motor-driven cycles, or go-carts.
712
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Part means any used motor vehicle part that has been
installed as standard or optional equipment on a motor vehicle,
has been removed from the motor vehicle on which it was origi-
nally attached or affixed, and is the subject of sale or resale as a
part and not as scrap.
(9) Person means any individual, copartnership, firm,
association, corporation, or combination of individuals of what-
ever form or character.
(10) Rebuilder means any person, partnership, firm, or
corporation engaged in the business of buying more than three
used, salvage, or wrecked motor vehicles per year for the purpose
of restoring or rebuilding them with used or new motor vehicle
parts, or both, to be sold as motor vehicles.
(11) Salvage dealer means any person, firm, or corporation
who purchases a salvage vehicle or parts of a salvage vehicle for
purposes of resale as parts only or as salvage.
(12) Salvage pool or salvage disposal sale means a sale at
auction or by private bid of wrecked or reparable motor vehicles,
either at wholesale or retail, by insurance companies, underwrit-
ers, or dealers.
(13) Salvage vehicle means any vehicle which either:
(A) Has been damaged, crushed, or otherwise reduced
to such a state that its restoration would require the replace-
ment of two or more major component parts;
(B) Has been acquired by an insurance company as a
result of the vehicles 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,
excluding recovered total theft vehicles which do not require
the replacement of two or more major component parts for
restoration; or
(C) Is an imported vehicle which has been damaged in
shipment and disclaimed by the manufacturer as a result of
the damage, has never been the subject of a retail sale to a
consumer, and has never been issued a certificate of title.
GEORGIA LAWS 1983 SESSION
713
(14) Scrap vehicle means any vehicle which has been
wrecked, destroyed, or damaged to the extent that it cannot be
economically repaired, rebuilt, or made operable or roadworthy.
(15) Used motor vehicle or used car means any motor
vehicle, as defined in this Code section, which has been the subject
of a retail sale to a consumer.
(16) Vehicle means every device in, upon, or by which any
person or property is or may be transported or drawn upon a
highway, except devices moved by human power or used exclu-
sively upon stationary wheels or tracks or overhead trolley wires.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 43-48-3, relating to the State Board of Regis-
tration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage
Dealers, and inserting in lieu thereof a new Code Section 43-48-3 to
read as follows:
43-48-3. (a) There is created a State Board of Registration for
Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
which shall be composed of the director of the Georgia Bureau of
Investigation or his official designee, the director of the Motor
Vehicles Division of the Department of Revenue or his official
designee, and ten members to be appointed by the Governor. The
original appointments shall be made as follows: one member shall be
appointed for a term of four years, three members shall be appointed
for terms of three years each, three members shall be appointed for
terms of two years each, and three members shall be appointed for
terms of one year each. Such members shall serve until their succes-
sors are appointed and qualified. Thereafter, all appointees shall be
for a term of four years. Such terms shall be staggered so that new
members of the board will be appointed each year.
(b) All members shall be residents of this state. Not less than one
nor more than two members shall be appointed from each of the
following businesses: salvage dealers, used motor vehicle dismantlers,
used motor vehicle rebuilders, and motor vehicle insurers. At least
two members shall not be associated with any of these businesses.
Section 3. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 43-48-8, relating to applica-
tions for license as a dealer, and inserting in lieu thereof a new
subsection (b) to read as follows:
714
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Each such application shall be made upon the form pre-
scribed by the board and shall contain the name and address of the
applicant, or, when the applicant is a partnership, the name and
address of each partner, or, when the applicant is a corporation, the
names and addresses of the principal officers of the corporation and
the state in which incorporated. Each such application shall also
contain a designation of an established place or places of business
where the business is to be conducted, a description of the nature of
such business, and such other information as may be required by the
board. Each such application shall be verified by the oath or affirma-
tion of the applicant if an individual or, in the event an applicant is a
partnership or corporation, then by a partner or officer thereof. Each
such application for a license shall show that the dealer maintains
ordinary automobile public liability and property damage insurance
coverage with liability limits of not less than $50,000.00 per person
and $100,000.00 per accident; personal insurance liability coverage;
and $25,000.00 property damage liability coverage, unless the appli-
cant qualifies under subsection (e) of this Code section.
Section 4. Said chapter is further amended by striking in its
entirety paragraph (5) of subsection (d) of Code Section 43-48-9,
relating to investigation of applicants by the board, and inserting in
lieu thereof a new paragraph (5) to read as follows:
(5) (A) Has been convicted in the courts of this state or of the
United States or in any other state, territory, or country of a felony
or any crime involving the illegal use, carrying, or possession of a
dangerous weapon or any crime involving moral turpitude. As
used in this paragraph, the term felony shall include any offense
which, if committed in this state, would be deemed a felony,
without regard to its designation elsewhere. For the purposes of
this paragraph, a conviction shall be deemed to include a finding
or verdict of guilty, regardless of whether an appeal of the convic-
tion has been sought;
(B) Has been arrested, charged, and sentenced for the com-
mission of a felony, any crime involving the illegal use, carrying, or
possession of a dangerous weapon, or any crime involving moral
turpitude.
Section 5. Said chapter is further amended by striking in its
entirety Code Section 43-48-13, relating to maintenance of records by
licensees, and inserting in lieu thereof a new Code Section 43-48-13 to
read as follows:
GEORGIA LAWS 1983 SESSION
715
43-48-13. (a) Every licensee shall maintain for three years a
record of:
(1) Every vehicle, vehicle body, chassis, or major component
part of or for a vehicle received or acquired by him; its description
and any identifying numbers; the date of its receipt or acquisition;
and the full name, address, and drivers license number or social
security number of the person from whom received or acquired;
provided, however, that, in the event such purchase or acquisition
is from a used parts dealer, used motor vehicle dismantler, salvage
dealer, salvage pool dealer, or established place of business, the
name and address of the corporation or company shall be suffi-
cient, provided the seller is registered under this chapter;
(2) Every vehicle, vehicle body, chassis, or major component
part disposed of by him; its description and any identifying
numbers; the date of its receipt or acquisition; and the full name,
address, and drivers license number or social security number of
the person to whom disposed; provided, however, that, in the
event such disposal is to a used parts dealer, used motor vehicle
dismantler, salvage dealer, salvage pool dealer, or established
place of business, the name and address of the corporation or
company shall be sufficient, provided the purchaser or acquirer is
registered under this chapter; and
(3) Every vehicle wrecked, dismantled, or crushed by him
and the date of its wrecking or dismantling.
(b) The possession of motor vehicles or parts covered by this
chapter shall be prima-facie evidence that they were purchased for
the purpose of resale.
Section 6. Said chapter is further amended by adding between
Code Sections 43-48-17 and 43-48-18 a new Code section, to be
designated Code Section 43-48-17.1, to read as follows:
43-48-17.1. Any salvage dealer from another state who wishes
to purchase salvage motor vehicles, major component parts, or parts
may, upon presentation of another state, county, or municipal license,
be issued at the discretion of the board an out-of-state buyers card,
provided that the dealer meets all other requirements as the board
may establish by rule. All persons licensed under this Code section,
when selling to out-of-state buyers, may sell salvage motor vehicles,
716
GENERAL ACTS AND RESOLUTIONS, VOL. I
major component parts, or parts only to those out-of-state buyers who
hold an out-of-state buyers card issued by the board.
Section 7. Said chapter is further amended by striking in its
entirety Code Section 43-48-21, relating to the termination date of
the State Board of Registration for Used Motor Vehicle Dismantlers,
Rebuilders, and Salvage Dealers, and inserting in lieu thereof a new
Code Section 43-48-21 to read as follows:
43-48-21. 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
Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers
shall be terminated on July 1, 1989, 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 8. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
FOR PURPOSES OF AD VALOREM TAXATION
FOREIGN MERCHANDISE IN TRANSIT
REDEFINED.
Code Title 48, Chapter 5 Amended.
No. 307 (Senate Bill No. 196).
AN ACT
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of
Georgia Annotated, relating to general provisions pertaining to ad
GEORGIA LAWS 1983 SESSION
717
valorem taxation of property, so as to redefine the term foreign
merchandise in transit; to provide that no situs status of foreign
merchandise in transit shall apply in political subdivisions of this
state in which the port of original entry or port of export of such
merchandise is located; to provide for other matters relative to the
foregoing; 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 general provisions pertaining to ad
valorem taxation of property, is amended by striking paragraph (2) of
Code Section 48-5-2, relating to certain definitions pertaining to the
ad valorem taxation of property, which reads as follows:
(2) Foreign merchandise in transit means personal property of
any description which originates outside of the customs territory of
the United States and is imported into the United States by water-
borne commerce through any port located in this state and on which
United States customs duties are paid at or through any customs
district or port located in this state and:
(A) Which is moving in foreign or interstate commerce
through or over the territory of this state; or
(B) Which was consigned to a public or private warehouse
within this state from outside the customs territory of the United
States for storage in transit to a final destination.,
in its entirety and substituting in lieu thereof a new paragraph (2) to
read as follows:
(2) Foreign merchandise in transit means personal property of
any description which has been or will be moved by waterborne
commerce through any port located in this state and:
(A) Which has entered the export stream, although tempo-
rarily stored or warehoused in the county where the port of export
is located; or
718
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Which was shipped from a point of origin located out-
side the customs territory of the United States and on which
United States customs duties are paid at or through any customs
district or port located in this state, although stored or ware-
housed in the county where the port of entry is located while in
transit to a final destination.
Section 2. Said article is further amended by striking Code
Section 48-5-5, relating to foreign merchandise in transit not acquir-
ing situs for ad valorem taxation by political subdivisions, in its
entirety and substituting in lieu thereof a new Code Section 48-5-5 to
read as follows:
48-5-5. Foreign merchandise in transit shall acquire no situs so
as to become subject to ad valorem taxation by political subdivisions
of this state in which the port of original entry or the port of export of
such merchandise is located. Such property shall not acquire situs by
virtue of the fact that while in the warehouse the property is assem-
bled, bound, joined, processed, disassembled, divided, cut, broken in
bulk, relabeled, or repackaged. The grant of no situs status shall be
liberally construed to effect the purposes of this Code section.
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 16,1983.
GEORGIA LAWS 1983 SESSION
719
SALARIES OF CERTAIN PUBLIC OFFICIALS, ETC.
Code Section 45-7-4 Amended.
Code Section 45-10-42 Enacted.
No. 308 (Senate Bill No. 113).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, so as to provide for the
method of fixing the compensation of certain public officials; to
authorize certain public officials and employees, under certain cir-
cumstances and procedures, to engage in certain business trans-
actions with the state and to receive compensation therefor; to
provide for such circumstances and procedures; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, is amended by striking
paragraphs (8), (10), (16), and (17) of subsection (a) of Code Section
45-7-4, relating to annual salaries of certain state officials, in their
entirety and inserting in lieu thereof the following:
(8) Commissioner of offender rehabilitation . .
(10) Each member of the Board of Pardons and
Paroles.......................................
(16) Commissioner of banking and finance ....
(17) Commissioner of administrative services . .
49.900.00
46.900.00
49.900.00
49,900.00
Section 2. Said title is further amended by adding at the end of
Part 2 of Article 2 of Chapter 10 a new Code Section 45-10-42 to read
as follows:
720
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-10-42. Notwithstanding any other provision of Part 1 of this
article or any other provision of this Code, public officers and
employees who are reporters for the State Board of Workers Com-
pensation may, for themselves or on behalf of any business entity,
when providing transcripts of records to parties under subsection (g)
of Code Section 34-9-102, sell such transcripts to any agency of the
state and receive compensation therefor.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
INSTITUTIONAL LICENSES TO PRACTICE
MEDICINE RENEWAL IN CERTAIN CASES.
Code Section 43-34-33 Amended.
No. 309 (Senate Bill No. 102).
AN ACT
To amend Code Section 43-34-33 of the Official Code of Georgia
Annotated, relating to institutional licenses to practice medicine, so
as to prohibit the further issuance of institutional licenses to practice
medicine but to authorize the renewal of certain of such licenses; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-34-33 of the Official Code of Georgia
Annotated, relating to institutional licenses to practice medicine, is
amended by adding at the end thereof a new subsection (f) to read as
follows:
GEORGIA LAWS 1983 SESSION
721
(f) On and after July 1, 1983, no institutional license may be
granted to any person who previously had not been granted such a
license. Any person first granted an institutional license before July
1, 1980, who holds an institutional license on July 1, 1983, may
continue to renew that license biennially under the conditions other-
wise specified in this Code section. Any person first granted an
institutional license on or after July 1, 1980, who holds an institu-
tional license on July 1, 1983, may continue to renew that license
biennially under the conditions otherwise specified in this Code
section, but these licenses shall expire July 1, 1985, and may not
thereafter be renewed.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
CRIME OF SEXUAL ASSAULT DEFINED.
Code Section 16-6-5.1 Enacted.
No. 310 (Senate Bill No. 40).
AN ACT
To amend Chapter 6 of Title 16 of the Official Code of Georgia
Annotated, relating to sexual offenses, so as to define the crime of
sexual assault; to define other terms; to provide penalties; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia
Annotated, relating to sexual offenses, is amended by adding between
Code Sections 16-6-5 and 16-6-6 a new Code section, to be designated
Code Section 16-6-5.1, to read as follows:
722
GENERAL ACTS AND RESOLUTIONS, VOL. I
16-6-5.1. (a) As used in this Code section, the term:
(1) Actor means a person accused of sexual assault.
(2) Intimate parts means the genital area, groin, inner
thighs, buttocks, or breasts of a person.
(3) Sexual contact means any contact for the purpose of
sexual gratification of the actor with the intimate parts of a person
not married to the actor.
(b) A person commits sexual assault when he engages in sexual
contact with another person who is in the custody of law or who is
detained in or is a patient in a hospital or other institution and such
actor has supervisory or disciplinary authority over such other
person. A person convicted of sexual assault shall be punished by
imprisonment for not less than one nor more than three years.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
LEGISLATIVE SERVICES COMMITTEE CREATED.
Code Section 28-4-1 Amended.
No. 311 (Senate Bill No. 30).
AN ACT
To amend Code Section 28-4-1 of the Official Code of Georgia
Annotated, relating to the Legislative Services Committee, so as to
change a committee name; to provide an effective date; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
723
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 28-4-1 of the Official Code of Georgia
Annotated, relating to the Legislative Services Committee, is
amended by striking subsection (a) in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) There is created the Legislative Services Committee, here-
inafter called the committee, to be composed of the Speaker of the
House of Representatives, the President of the Senate, the chairman
of the Appropriations Committee of the Senate, the chairman of the
Appropriations Committee of the House of Representatives, the
chairman of the Judiciary Committee of the Senate, the chairman of
the Judiciary Committee of the House of Representatives, the chair-
man of the Banking and Finance Committee of the Senate, the
chairman of the Ways and Means Committee of the House of Repre-
sentatives, the Clerk of the House of Representatives, and the Secre-
tary of the Senate; provided, however, that the President of the
Senate shall be allowed to designate in writing that the President Pro
Tempore of the Senate shall serve in place of the President of the
Senate with all the rights, privileges, and duties of the President of
the Senate and shall so serve until the appointment is withdrawn in
writing by the President of the Senate or until the end of the term of
the President of the Senate. The Speaker of the House of Representa-
tives shall be chairman of the committee, and the Secretary of the
Senate shall be secretary of the committee.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
724
GENERAL ACTS AND RESOLUTIONS, VOL. I
ISSUANCE OF WRITS OF POSSESSION TO
OWNERS OF RENTED OR LEASED PERSONAL
PROPERTY.
Code Section 44-14-230 Amended.
No. 312 (House Bill No. 605).
AN ACT
To amend Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title 44
of the Official Code of Georgia Annotated, relating to writs of
possession for and foreclosure upon personal property, so as to
provide that a writ of possession may be granted to an owner of rented
or leased personal property as authorized by the terms of a consumer
rental transaction; 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:
S ection 1. Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title
44 of the Official Code of Georgia Annotated, relating to writs of
possession for and foreclosure upon personal property, is amended by
striking Code Section 44-14-230, relating to foreclosure upon personal
property, and inserting in its place a new Code section to read as
follows:
44-14-230. (a) Any person holding a security interest on per-
sonal property under a transaction governed by this part or by Title
11, the Uniform Commercial Code, and wishing to foreclose the
security interest shall be authorized to foreclose the security interest
and shall be entitled to an execution directed to all and singular the
sheriffs, the marshals, or their lawful deputies, which execution shall
command the sale of the secured property to satisfy the amount due
from the debtor, together with the costs of the proceedings to
foreclose the security interest in accordance with the procedure
specified in this part.
(b) (1) As used in this subpart, the term consumer rental
transaction means the lease or rental of goods or personal prop-
erty primarily for personal, family, or household purposes.
GEORGIA LAWS 1983 SESSION
725
(2) Any owner of personal property leased or rented in a
consumer rental transaction who wishes to regain possession of
such property as authorized by the terms of the transaction may
obtain a writ of possession under this subpart in the same manner
as is authorized for a holder of a security interest in personal
property.
(3) Solely for the purpose of applying the procedures speci-
fied by this part to consumer rental transactions and not for any
other purposes, the owner of the property shall be considered to be
a secured party and the rented or leased property shall be consid-
ered to be secured property. Proceedings to regain property under
a consumer rental transaction shall be as provided in this subpart,
except that after a writ of possession is granted the rented or
leased property shall be delivered to the owner and shall not be
levied upon.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
REAL ESTATE TRANSFER TAX EFFECT OF
FILING INSTRUMENT.
Code Section 48-6-4 Amended.
No. 313 (House Bill No. 2).
AN ACT
To amend Code Section 48-6-4 of the Official Code of Georgia
Annotated, relating to real estate transfer tax, so as to provide that a
726
GENERAL ACTS AND RESOLUTIONS, VOL. I
filed or recorded instrument shall constitute legal notice if the tax has
not been paid; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-6-4 of the Official Code of Georgia
Annotated, relating to real estate transfer tax, is amended by striking
subsection (b) and inserting in its place a new subsection to read as
follows:
(b) No deed, instrument, or other writing described in Code
Section 48-6-1 shall be filed for record or recorded in the office of the
clerk of the superior court or filed for record or recorded in or on any
other official record of this state or of any county until the tax
imposed by this article has been paid; provided, however, that any
such deed, instrument, or other writing filed or recorded which would
otherwise constitute constructive notice shall constitute such notice
whether or not such tax was in fact paid.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
LIABILITY INSURANCE REQUIRED FOR
MOTORCYCLES.
Code Section 33-34-14 Enacted.
No. 314 (House Bill No. 93).
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
require liability insurance providing certain coverages for motorcy-
GEORGIA LAWS 1983 SESSION
727
cles; to define a certain term; to provide a penalty; to repeal conflict-
ing 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 adding after Code Section 33-34-13, relating to the adoption of
certain provisions by municipalities, a new Code section, to be
designated Code Section 33-34-14, to read as follows:
33-34-14. (a) For the purposes of this Code section, motorcy-
cle means any motor vehicle traveling on public streets or highways
having a seat or saddle for the use of the rider and designed to travel
on not more than three wheels in contact with the ground, but
excluding a tractor and a moped.
(b) Except as provided in subsection (c) of this Code section, the
provisions of this chapter shall not apply to the operation of motorcy-
cles.
(c) No owner of a motorcycle or any other person, other than a
self-insurer as defined in this chapter, shall operate or authorize any
other person to operate the motorcycle unless the owner has liability
insurance on the motorcycle equivalent to that required as evidence
of security for bodily injury and property damage liability under Code
Section 40-9-37.
(d) Any person who violates this Code section shall be guilty of a
misdemeanor.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
728
GENERAL ACTS AND RESOLUTIONS, VOL. I
TIME LIMIT FOR RELEASE OF DEAD BODY AFTER
POST MORTEM EXAMINATION.
Code Section 45-16-25.1 Enacted.
No. 315 (House Bill No. 118).
AN ACT
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of
Georgia Annotated, the Georgia Post-mortem Examination Act, so
as to require the release of certain dead bodies within a certain time
limit in the absence of certain findings; 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 16 of Title 45 of the Official Code
of Georgia Annotated, the Georgia Post-mortem Examination Act,
is amended by adding following Code Section 45-16-25 a new Code
Section 45-16-25.1 to read as follows:
45-16-25.1. A dead body, other than skeletal remains, taken
into custody under this article shall be released to the next of kin of
the deceased, or to the agent of the next of kin, no later than 24 hours
after the demand for release by that next of kin, or agent thereof,
unless by that time the peace officer, medical examiner, or coroner
has made a written finding that foul play may have been involved in
the death of the deceased.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
GEORGIA LAWS 1983 SESSION
729
FEES CHARGED BY INSURANCE COMMISSIONER
CHANGED.
Code Title 33, Chapter 8 Amended.
No. 316 (House Bill No. 286).
AN ACT
To amend Chapter 8 of Title 33 of the Official Code of Georgia
Annotated, relating to fees and taxes, so as to provide for an increase
in fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 33 of the Official Code of Georgia
Annotated, relating to fees and taxes, is amended by striking Code
Section 33-8-1, relating to fees and charges generally, in its entirety
and inserting in lieu thereof a new Code Section 33-8-1 to read as
follows:
33-8-1. The Commissioner shall collect in advance, and persons
so served shall pay in advance to the Commissioner, fees, licenses, and
miscellaneous charges as follows:
(1) Certificate of authority:
(A) Filing application for original certifi-
cate of authority, including
the filing with the Commis-
sioner of all documents
incidental thereto ...$ 25.00
(B) Issuance of original certificate of
authority............ 20.00
(C) Reinstatement fee (not applicable to
annual renewals in ordi-
nary course).................... 50.00
730
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Charter documents:
(A) For filing with the Commissioner of
other charter documents
not filed in connection with
application for certificate
of authority....... 10.00
(B) Filing with the Commissioner amend-
ment to charter documents
or to bylaws....... 5.00
(3) License for the following: property, casu-
alty, surety, life, accident, and
sickness agents for any one class
or combination of all classes.
15.00
(4) License for the following: solicitors, bro-
kers, counselors, and adjusters ....
15.00
(5) Examination for the following: property,
casualty, surety, and allied lines
for any one class or combination
of all classes......... 15.00
(6) Examination for the following: life, acci-
dent, and sickness for any one
class or combination of all
classes.................15.00
(7) Examination for the following: solicitors,
brokers, counselors, and adjust-
ers.....................15.00
(8) Reexamination of the above categories,
each................................ 15.00
GEORGIA LAWS 1983 SESSION
731
(9) Each vending machine licensed each year,
under Code Section 33-23-54....
5.00
(10) Surplus line broker, annual license fee as
provided in Code Section 33-5-
22...................... 300.00
(11) Agents certificate of authority, annual fee
as provided for in Code Sections
33-23-15 and 33-23-69........................ 5.00
Section 2. Said chapter is further amended by striking Code
Section 33-8-3, relating to license fees of insurance companies gener-
ally, in its entirety and inserting in lieu thereof a new Code Section
33-8-3 to read as follows:
33-8-3. (a) Each and every insurance company, domestic, for-
eign, or alien, carrying on an insurance business in Georgia shall pay
to the Commissioner, annually in advance, on or before July 1, a
license fee in the sum of $400.00, which payment shall be in lieu of all
other license fees of said companies. Foreign companies entering the
state and domestic companies beginning business at any time during
the license year as fixed by this Code section shall pay said license fee
in full for the remaining portion of that license year, provided local
fire insurance companies known as Farmers Mutual Fire Insurance
Companies as defined in Chapter 16 of this title shall pay an annual
fee of $25.00 and Fraternal Benefit Societies shall pay the fees as
provided for in Chapter 15 of this title.
(b) The license fees provided for in Code Section 33-8-1 are
expressly imposed on and shall be the obligation of the licensees.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
732
GENERAL ACTS AND RESOLUTIONS, VOL. I
VITAL RECORDS DELAYED CERTIFICATES
OF BIRTH, ETC.
Code Title 31, Chapter 10 Amended.
No. 317 (House Bill No. 435).
AN ACT
To amend Chapter 10 of Title 31 of the Official Code of Georgia
Annotated, relating to vital records, so as to change the provisions
relating to delayed registration of birth; to change the provisions
relating to permits for disposition; 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 10 of Title 31 of the Official Code of Georgia
Annotated, relating to vital records, is amended by striking in its
entirety Code Section 31-10-11, relating to delayed registration of
birth, and inserting in lieu thereof a new Code Section 31-10-11 to
read as follows:
31-10-11. (a) When a certificate of birth for a person born in
this state has not been filed on or before June 30 of the year following
the actual year of birth, a delayed certificate of birth may be filed in
accordance 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 after June 30 of the year
following the date of birth shall be made on forms prescribed 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
GEORGIA LAWS 1983 SESSION
733
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.
Section 2. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 31-10-20, relating to permits
for disposition, disinterment, and reinterment, and inserting in lieu
thereof a new subsection (b) to read as follows:
(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 cremation or removal from the state of
the body or fetus and within 72 hours after death. A disposition
permit may be required within the state by local authorities.
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 16,1983.
734
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARCHITECTS CERTAIN PROVISIONS RELATING
TO EXAMINATIONS DELETED.
Code Section 43-4-11 Amended.
No. 318 (House Bill No. 439).
AN ACT
To amend Code Section 43-4-11 of the Official Code of Georgia
Annotated, relating to the qualification of applicants for examination
or certificate of registration for persons engaged in the occupation of
architecture, so as to delete certain provisions relating to examina-
tions; to 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 43-4-11 of the Official Code of Georgia
Annotated, relating to the qualification of applicants for examination
or certificate of registration for persons engaged in the occupation of
architecture, is amended by striking in its entirety paragraph (2) of
subsection (b) and inserting in lieu thereof a new paragraph (2) to
read as follows:
(2) A minimum of ten years practical experience, includ-
ing academic training, following completion of high school or the
equivalent thereof, as the board, by rules and regulations uni-
formly applied, shall deem appropriate.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
GEORGIA LAWS 1983 SESSION
735
MOTOR VEHICLE SAFETY INSPECTION OF
VEHICLES OF COMMON, CONTRACT, AND PRIVATE
CARRIERS UPON REQUEST, ETC.
Code Section 46-1-1 Amended.
Code Title 46, Chapter 7 Enacted.
No. 319 (House Bill No. 477).
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, so as to define
the term private carrier; to provide for motor vehicle safety inspec-
tions upon request of certain motor common carriers or motor con-
tract carriers operating in the state; to provide for motor vehicle
safety inspections upon request of private carriers domiciled and
operating in the state; to provide procedures; to provide for fees; to
provide for decals; to provide for decals to be valid for a certain period
of time; 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 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, is amended by
striking in their entirety paragraphs (11), (12), and (13) of Code
Section 46-1-1, relating to definitions, and inserting in lieu thereof
new paragraphs (11), (12), (13), and (14) to read as follows:
(11) Private carrier means every person except motor common
carriers or motor contract carriers owning, controlling, operating, or
managing any motor propelled vehicle, and the lessees or trustees
thereof or receivers appointed by any court whatsoever, used in the
business of transporting persons or property in private transportation
not for hire over any public highway in this state.
(12) Railroad corporation or railroad company means all cor-
porations, companies, or individuals owning or operating any railroad
in this state. This title shall apply to all persons, firms, and compa-
nies, and to all associations of persons, whether incorporated or
otherwise, that engage in business as common carriers upon any of the
736
GENERAL ACTS AND RESOLUTIONS, VOL. I
lines of railroad in this state, as well as to railroad corporations and
railroad companies as defined in this Code section.
(13) Rate, when used in this title with respect to an electric
utility, means any rate, charge, classification, or service of an electric
utility or any rule or regulation relating thereto.
(14) Utility means any person who is subject in any way to the
lawful jurisdiction of the commission.
Section 2. Said title is further amended by adding at the end of
Chapter 7 a new article, to be designated Article 4, to read as follows:
ARTICLE 4
46-7-100. (a) Any motor common carrier or motor contract
carrier operating in intrastate or interstate commerce in this state
under authority granted by the commission or the Interstate Com-
merce Commission may obtain a motor vehicle safety inspection of
any of its vehicles domiciled in Georgia upon written request to the
commission and upon payment of a $5.00 inspection fee per vehicle
for which a safety inspection is performed.
(b) The commission will arrange for inspection of any vehicle as
expeditiously as possible. Inspections will be performed at a place or
places and at times mutually agreed upon by the motor common
carrier or motor contract carrier and the commission.
(c) Upon completion of the vehicle safety inspection by the
commission personnel or, in the case of deficiencies, upon completion
of repairs of all deficiencies found during the inspection and noted on
the inspection report, the commission shall issue to the motor
common carrier or motor contract carrier a decal certifying that the
vehicle was inspected by the commission and meets the motor carrier
vehicle safety regulations of the commission.
(d) Each decal issued shall be valid for 12 months and shall
contain an expiration date.
46-7-101. (a) Any private carrier operating in this state may
obtain a motor vehicle safety inspection of any of its vehicles domi-
ciled in Georgia upon written request to the commission and upon
payment of a $5.00 inspection fee per vehicle for which a safety
inspection is performed.
GEORGIA LAWS 1983 SESSION
737
(b) The commission will arrange for inspection of any vehicle as
expeditiously as possible. Inspections will be performed at a place or
places and at times mutually agreed upon by the private carrier and
the commission.
(c) Upon completion of the vehicle safety inspection by the
commission personnel or, in the case of deficiencies, upon completion
of repairs of all deficiencies found during the inspection and noted on
the inspection report, the commission shall issue to the private carrier
a decal certifying that the vehicle was inspected by the commission
and meets the same vehicle safety regulations required by the com-
mission for motor common carriers or motor contract carriers.
(d) Each decal issued shall be valid for 12 months and shall
contain an expiration date.
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 16,1983.
MILK AND MILK PRODUCTS AUTHORITY OF
COMMISSIONER OF AGRICULTURE TO MAKE
RULES AMENDED.
Code Title 26, Chapter 2 Amended.
No. 320 (Senate Bill No. 136).
AN ACT
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of
Georgia Annotated, relating to milk and milk products, so as to
738
GENERAL ACTS AND RESOLUTIONS, VOL. I
authorize the Commissioner of Agriculture by rule or regulation to
adopt future changes in and supplements to the Grade A Pasteur-
ized Milk Ordinance as a part of the standards and requirements for
this state; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 7 of Chapter 2 of Title 26 of the Official Code
of Georgia Annotated, relating to milk and milk products, is amended
by replacing Code Section 26-2-233 with a new Code section to read as
follows:
26-2-233. (a) The Commissioner shall have the power to
adopt, amend, and repeal rules and regulations to implement and
enforce this article; provided, however, that all rules and regulations
shall be of uniform application; and provided, further, that all rules
and regulations shall be adopted, amended, or repealed in accordance
with Chapter 13 of Title 50, the Georgia Administrative Procedure
Act. The rules and regulations shall include, but not be limited to, the
following:
(1) Rules and regulations to provide for the labeling of milk
and milk products in such manner so as to indicate that the milk
or milk product complies with this article and the rules and
regulations promulgated hereunder;
(2) Rules and regulations to prescribe the specifications of
all glassware, including, but not limited to, bottles, pipettes, test
tubes, and burrettes, and such other instruments as may be used
in the testing of milk, cream, or other dairy products; and
(3) Rules and regulations to prescribe the specifications for
the installation and operation of recording thermometers on bulk
farm tanks.
(b) The Commissioner may include as a part of such rules and
regulations the adoption of supplements to and changes in the Grade
A Pasteurized Milk Ordinance referred to in Code Section 26-2-238.
Section 2. Said article is further amended by replacing Code
Section 26-2-238 with a new Code section to read as follows:
GEORGIA LAWS 1983 SESSION
739
26-2-238. The standards and requirements of the Grade A
Pasteurized Milk Ordinance 1978 Recommendations of the United
States Public Health Service Food and Drug Administration and
supplements thereto, except as otherwise provided in this article, are
expressly adopted as the standards and requirements for this state.
Future changes in and supplements to said milk ordinance may be
adopted by the Commissioner as a part of the standards and require-
ments for this state.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
STRUCTURAL PEST CONTROL LAW AMENDED.
Code Title 43, Chapter 45 Amended.
No. 321 (Senate Bill No. 137).
AN ACT
To amend Chapter 45 of Title 43 of the Official Code of Georgia
Annotated, relating to the business of structural pest control, so as to
provide that the Commissioner of Agriculture shall serve as secretary
of the State Structural Pest Control Commission; to provide for
powers and duties of the commission and the secretary; to provide for
automatic revocation of the certification of certified pest control
operators who fail to renew; to change the termination date of the
State Structural Pest Control Commission; to provide for all related
matters; to repeal conflicting laws; and for other purposes.
740
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 45 of Title 43 of the Official Code of Georgia
Annotated, relating to the business of structural pest control, is
amended by adding to Code Section 43-45-2, relating to definitions, a
new paragraph (16.5) to read as follows:
(16.5) Secretary means the Commissioner of Agriculture in his
capacity as secretary of the State Structural Pest Control Commis-
sion.
Section 2. Said chapter is further amended by striking Code
Section 43-45-3, relating to the State Structural Pest Control Com-
mission, and inserting in its place a new Code section to read as
follows:
43-45-3. There is created a State Structural Pest Control Com-
mission to consist of seven members, three of whom shall be residents
of this state who are engaged in the pest control industry and who are
certified operators under this chapter. Such members shall be
appointed by the Commissioner. One member shall be the head of the
Department of Entomology of the University of Georgia, ex officio, or
some qualified person of that department designated by him. One
member shall be the director of the Division of Entomology and
Pesticides of the Department of Agriculture of this state, ex officio, or
some qualified person of that department designated by him; one
member shall be the commissioner of human resources, ex officio, or
some qualified person designated by him; and one member shall have
no connection whatsoever with the pest control industry but shall
have a recognized interest in consumer affairs and in consumer
protection concerns. The Commissioner shall fill any vacancies that
may occur in the appointive membership of the commission. No
business entity shall be represented by more than one member on the
commission at any time.
Section 3. Said chapter is further amended by striking Code
Section 43-45-7, relating to the secretary of the commission, and
inserting in its place a new Code Section to read as follows:
43-45-7. The Commissioner shall be secretary of the commis-
sion. The secretary shall issue such licenses and certificates and
perform such other duties as the commission shall direct in order to
carry out this chapter.
GEORGIA LAWS 1983 SESSION
741
Section 4. Said chapter is further amended by striking para-
graphs (2) and (3) of Code Section 43-45-8, relating to powers and
duties of the commission, and inserting in their place new paragraphs
to read as follows:
(2) Provide for an oral and written examination for applicants.
The frequency of such examination shall be at the discretion of the
commission, based upon the number of applications received, but not
less than two such examinations shall be held annually. The commis-
sion shall give one examination per phase of structural pest control
for one fee if the applicant seems to qualify. The examination fee shall
be in an amount established by the commission for each applicant
who makes application to take the examination to become a certified
household pest control operator, wood-destroying organism control
operator, or fumigator. An examination may be taken for the payment
of one fee; and, in case the applicant shall not be certified, he shall
have the right to take the examination again at the next scheduled
examination, upon the payment of an additional fee in an amount
established by the commission. In case certification is again denied,
the applicant must wait a full year before reapplication is made.
Thereafter, one full year must elapse before subsequent application
may be made;
(3) Make an annual report to the Governor of the activities,
expenditures, receipts, and other matters pertinent to the operation
of the commission, a copy of which shall be filed by the Commissioner
and the commission;.
Section 5. Said chapter is further amended by striking Code
Section 43-45-10 which reads as follows:
43-45-10. The license holder shall register with the joint-secre-
tary the names of all employees and agents and shall pay to the
commission a registration fee in an amount determined by the
commission at the time each name is registered, which shall be within
30 days after employment. All registrations expire when the license
expires. Each employee for whom application is made and a fee is paid
shall be issued a registration certificate which shall be carried on his
person at all times when performing work. The registration certificate
shall be displayed upon request to the person or persons for whom
such work is being performed. The licensee shall be responsible for
making application for an employees registration certificate for each
742
GENERAL ACTS AND RESOLUTIONS, VOL. I
employee and for training the serviceman in the kind of work which
he shall perform. The provisions applicable to an employees registra-
tion certificate shall also apply to all regularly employed salesmen or
estimators. The licensee shall be responsible for making application
for an employees registration certificate for salesmen or estimators
and for training the salesmen or estimators in the kind of work they
shall perform. It shall be unlawful for a serviceman, salesman, or
estimator actually to engage in the performance of work covered by
this chapter without having such registration card in his possession,
provided that the licensee shall have 30 days after employing a
serviceman, salesman, or estimator within which to apply for an
employees registration certificate. The employees registration cer-
tificate shall be effective only while the serviceman, salesman, or
estimator shall remain in the employ of the licensee making the
original application.,
and inserting in its place a new Code section to read as follows:
43-45-10. The license holder shall register with the secretary
the names of all employees and agents within 30 days of their
employment. Upon submission by the license holder of application
and the appropriate fee established by the commission, registration
certificates shall be issued by the secretary. Such certificates shall be
carried on the person of the registered employee at all times during
performance of work and shall be displayed upon request to any
person for whom work is being performed. The license holder shall be
responsible for training the registered employee in the work he is to
perform. Employees covered by this Code section include service-
men, salesmen, estimators, and other employees. Such registration
cards shall be effective only while the employee shall remain in the
employment of the license holder by whom registration was obtained,
and only for such time as the license of the license holder remains
valid.
Section 6. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-45-12, relating to licensing sanctions, and
inserting in its place a new subsection to read as follows:
(a) A license, certification, or registration may be suspended,
canceled, or revoked by the Commissioner, after notice and hearing,
for any violation of this chapter. However, the certification of any
certified operator who fails to renew as required by regulations
adopted by the commission shall automatically become revoked
GEORGIA LAWS 1983 SESSION
743
through operation of law upon the date of expiration of the certifica-
tion.
Section 7. Said chapter is further amended by striking Code
Section 43-45-26, relating to termination, and inserting in its place a
new Code section to read as follows:
43-45-26. 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 Structural Pest Control
Commission shall be terminated on July 1,1989, 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.
Section 8. Any funds appropriated to the Secretary of State for
administration and enforcement of Chapter 45 of Title 43 of the
Official Code of Georgia Annotated shall be transferred and made
available to the Department of Agriculture as provided in Code
Section 45-12-90 of the Official Code of Georgia Annotated.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
CONSUMER ADVISORY BOARD TERMS OF MEMBERS.
Code Section 10-1-395 Amended.
No. 322 (House Bill No. 140).
AN ACT
To amend Code Section 10-1-395 of the Official Code of Georgia
Annotated, relating to the Consumer Advisory Board, so as to provide
for new members of the board; to prescribe different terms of office
744
GENERAL ACTS AND RESOLUTIONS, VOL. I
for members of the board; to provide for the existing board; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 10-1-395 of the Official Code of Georgia
Annotated, relating to the Consumer Advisory Board, is amended by
striking in its entirety paragraph (2) of subsection (b) of Code Section
10-1-395, which reads as follows:
(2) The initial terms of those other than ex officio members
shall be as follows: four members shall be appointed for terms of two
years; four members shall be appointed for terms of three years; seven
members shall be appointed for terms of four years. Thereafter,
members of the board shall serve for terms of four years. In the event
of a vacancy during the term of any member, whether by reason of
death, resignation, or otherwise, the appointment of a successor by
the Governor shall be only for the remainder of the unexpired term of
such member.,
and inserting in lieu thereof a new paragraph (2) to read as follows:
(2) (A) On and after July 1, 1983, the Consumer Advisory
Board shall consist of 15 members who shall be appointed by the
Governor as provided in this paragraph. The initial terms of those
members other than ex officio members shall be as follows: five
members shall be appointed to serve for a term ending July 1,
1984; five members shall be appointed to serve for a term ending
July 1, 1985; and five members shall be appointed for a term
ending July 1, 1986. Thereafter, all members appointed to the
board by the Governor shall be appointed for terms of three years
and until their successors are appointed and qualified. In the
event of a vacancy during the term of any member by reason of
death, resignation, or otherwise, the appointment of a successor by
the Governor shall be for the remainder of the unexpired term of
such member.
(B) The first members appointed under this paragraph
shall be appointed for terms which begin July 1, 1983. The
members of the Consumer Advisory Board serving on April 1,
1983, shall remain in office until June 30, 1983, and until their
successors are appointed.
GEORGIA LAWS 1983 SESSION
745
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
ALCOHOL AND DRUG COURSE TO BE OFFERED IN
PUBLIC SCHOOLS AND ELSEWHERE, ETC.
Code Sections 20-2-285.1 and 43-13-6.1 Enacted.
Code Title 40, Chapter 5 Amended.
No. 323 (House Bill No. 391).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to elementary, secondary, and adult education, so
as to provide for the State Board of Education and the commissioner
of public safety to establish jointly an alcohol and drug course for the
purpose of informing the young people of this state of the dangers
involved in consuming alcohol or certain drugs in connection with the
operation of a motor vehicle; to provide for qualified instructors to
teach the course; to provide for the alcohol and drug course to be
offered to persons who are over 13 years of age and who are enrolled in
public schools; to make the alcohol and drug course and instructors
available to private schools; to provide for the alcohol and drug course
to be available at other locations and times; to provide for the
issuance of certificates to persons who complete the course; to provide
for rules or regulations; to amend Chapter 5 of Title 40 of the Official
Code of Georgia Annotated, relating to drivers licenses, so as to
require persons under 18 years of age to complete an alcohol and drug
course satisfactorily in order to obtain a drivers license after a certain
date; to provide an exception; to provide that the commissioner of
746
GENERAL ACTS AND RESOLUTIONS, VOL. I
public safety may authorize driver improvement clinics to offer the
alcohol and drug course under certain conditions; to amend Chapter
13 of Title 43 of the Official Code of Georgia Annotated, relating to
driver training schools, so as to provide that the commissioner of
public safety may authorize driver training schools to offer the
alcohol and drug course under certain conditions; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to elementary, secondary, and adult education, is
amended by adding between Code Sections 20-2-285 and 20-2-286 a
new Code section, to be designated Code Section 20-2-285.1, to read
as follows:
20-2-285.1. (a) The State Board of Education and the com-
missioner of public safety shall jointly establish an alcohol and drug
course for the purpose of informing the young people of this state of
the dangers involved in consuming alcohol or certain drugs in connec-
tion with the operation of a motor vehicle. The course shall be
designed to generate greater interest in highway safety and accident
prevention. The State Board of Education and the commissioner of
public safety shall jointly, by rules or regulations, determine the
contents of the course and its duration. The commissioner of public
safety shall make available officers or employees of the Department
of Public Safety to teach the alcohol and drug course. The alcohol
and drug course shall be offered periodically in the public schools of
this state to persons over 13 years of age in the manner prescribed by
the State Board of Education.
(b) All secondary schools which receive funds in any manner
from the state shall make available to eligible students the alcohol
and drug course provided in subsection (a) of this Code section.
(c) The commissioner of public safety shall make the alcohol and
drug course, and instructors where necessary, available to the private
schools in this state. In addition, the commissioner of public safety
shall offer the alcohol and drug course periodically at various loca-
tions in the state in the manner provided by the Board of Public
Safety.
GEORGIA LAWS 1983 SESSION
747
(d) Instructors shall issue a certificate of completion to each
person completing the alcohol and drug course.
(e) The completion of the alcohol and drug course provided in
subsection (a) of this Code section shall not serve as an additional
method for the restoration of the licenses of those persons whose
drivers licenses have been suspended or revoked pursuant to the laws
of this state.
Section 2. Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, is amended by striking in its
entirety subsection (a) of Code Section 40-5-22, relating to persons
not eligible for drivers licenses, and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) The department shall not issue any drivers license to any
person who is under the age of 16 years, except that the department
may, under subsection (a) of Code Section 40-5-24, issue an instruc-
tion permit permitting the operation of a Class 1 vehicle to any person
who is at least 15 years of age. On and after January 1, 1985, the
department shall not issue any drivers license to any person under 18
years of age unless such person presents a certificate or other evidence
acceptable to the department which indicates satisfactory completion
of an alcohol and drug course as prescribed in Code Section 20-2-
285.1; provided, however, that a person under 18 years of age who
becomes a resident of this state and who has in his immediate
possession a valid license issued to him in another state or country
shall not be required to take or complete the alcohol and drug
course.
Section 3. Said chapter is further amended by adding between
Code Sections 40-5-83 and 40-5-84 a new Code section, to be desig-
nated Code Section 40-5-83.1, to read as follows:
40-5-83.1. The commissioner shall be authorized to issue a
special license to the instructor of any driver improvement clinic who
is qualified to teach the alcohol and drug course prescribed in Code
Section 20-2-285.1. A driver improvement clinic shall offer such
alcohol and drug course only through a qualified instructor and shall
not charge a fee for such course of more than $25.00.
Section 4. Chapter 13 of Title 43 of the Official Code of Georgia
Annotated, relating to driver training schools, is amended by adding
748
GENERAL ACTS AND RESOLUTIONS, VOL. I
between Code Sections 43-13-6 and 43-13-7 a new Code section, to be
designated Code Section 43-13-6.1, to read as follows:
43-13-6.1. The commissioner shall be authorized to issue a
special license to the instructor of any driver training school who is
qualified to teach the alcohol and drug course prescribed in Code
Section 20-2-285.1. A driver training school shall offer such alcohol
and drug course only through a qualified instructor and shall not
charge a fee for such course of more than $25.00.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
PREPAID LEGAL SERVICES PLANS INSURANCE
COMPANIES AUTHORIZED TO WRITE PLANS, ETC.
Code Title 33, Chapter 35 Amended.
No. 324 (House Bill No. 347).
AN ACT
To amend Chapter 35 of Title 33 of the Official Code of Georgia
Annotated, relating to prepaid legal services plans, so as to authorize
insurance companies authorized to transact life or accident and
sickness insurance in this state to write prepaid legal services plans; to
provide for purposes and findings; to change the definition of a term;
to provide that life insurance companies and accident and sickness
insurance companies shall be subject to the provisions of said chapter;
to change the provisions relative to the investment of funds of prepaid
legal services plans; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1983 SESSION
749
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 35 of Title 33 of the Official Code of Georgia
Annotated, relating to prepaid legal services plans, is amended by
striking subsection (b) of Code Section 33-35-1, relating to purposes
and legislative findings, in its entirety and inserting in lieu thereof a
new subsection (b) to read as follows:
(b) The legislature finds that insurers authorized to transact
casualty, life, or accident and sickness insurance in this state are
authorized to write policies for prepaid legal services. The legislature
further finds that there presently exists no specific framework within
the insurance laws of this state designed to regulate prepaid legal
services. Because of the interest of the state in the controlled develop-
ment of new methods for providing legal services, exertion of the
states power is necessary for the protection of its citizens.
Section 2. Said chapter is further amended by striking para-
graph (2) of Code Section 33-35-2, relating to definitions, in its
entirety and inserting in lieu thereof a new paragraph (2) to read as
follows:
(2) Insurer means an insurer authorized to transact casualty,
life, or accident and sickness insurance in this state or any corpora-
tion organized pursuant to Chapter 18 or 19 of this title.
Section 3. Said chapter is further amended by striking subsec-
tion (a) of Code Section 33-35-9, relating to the sale of subscription
contracts for prepaid legal services, in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) No subscription contracts for prepaid legal services may be
sold or offered for sale in this state prior to April 1, 1976, provided
that nothing contained in this Code section shall be deemed to
prohibit an insurer authorized to transact casualty, life, or accident
and sickness insurance in this state from selling or offering for sale in
this state individually underwritten and individually issued policies
of prepaid legal services insurance on policy forms which have been
approved by the Commissioner pursuant to Chapter 9 of this title.
Section 4. Said chapter is further amended by striking para-
graph (1) of subsection (a) of Code Section 33-35-10, relating to
powers of sponsors to contract for provision of legal and administra-
750
GENERAL ACTS AND RESOLUTIONS, VOL. I
tive services, in its entirety and inserting in lieu thereof a new
paragraph (1) of subsection (a) to read as follows:
(1) The sponsor of any prepaid legal services plan or authorized
representative of the plan may contract with any company licensed to
transact casualty, life, or accident and sickness insurance in this state
or any corporation organized pursuant to Chapter 18 or 19 of this
title, under which contracts the company agrees for a consideration
consisting of a specified premium to assume the monetary obligations
of the plan to provide or pay for the legal services covered by the
subscription contracts issued under such plan upon the failure of the
plan itself to meet such obligations within a specified period. The
duration of the contract shall not be longer than three years and each
contract shall be filed with and subject to the approval of the
Commissioner for the fairness of its terms and premiums. The
contracts shall be deemed approved 90 days after the date of filing
with the Commissioner, unless prior to the expiration of such 90 day
period the Commissioner notifies the sponsor of the prepaid legal
services plan in writing of the Commissioners disapproval.
Section 5. Said chapter is further amended by striking subsec-
tion (c) of Code Section 33-35-11, relating to the submission to the
Commissioner of underwriting rules and rates, in its entirety and
inserting in lieu thereof a new subsection (c) to read as follows:
(c) Insurers authorized to transact casualty, life, or accident
and sickness insurance in this state or any corporation organized
pursuant to Chapter 18 or 19 of this title shall be required to comply
with the requirements of this Code section if they sell or offer for sale
policies of prepaid legal services insurance in this state or if they
underwrite prepaid legal services plans of sponsors licensed to oper-
ate prepaid legal services plans in this state; provided, however, that
nothing contained in this Code section shall be deemed to relieve any
insurer authorized to transact casualty, life, or accident and sickness
insurance in this state or any corporation organized pursuant to
Chapter 18 or 19 of this title from complying with the requirements of
this title and the laws of this state.
Section 6. Said chapter is further amended by striking Code
Section 33-35-13, relating to the investment of funds of prepaid legal
services plans, in its entirety and inserting in lieu thereof a new Code
Section 33-35-13 to read as follows:
GEORGIA LAWS 1983 SESSION
751
33-35-13. A sponsor shall invest the funds of a prepaid legal
services plan only in such investments as are authorized by the laws of
this state for the investment of assets of insurance companies and
subject to the limitations placed on the investments or in such
investments as are authorized by the laws of this state for the
investment of assets of corporations authorized to transact business
in this state pursuant to Chapter 18 or 19 of this title as the case may
be.
Section 7. Said chapter is further amended by striking Code
Section 33-35-14, relating to administration of deposits of prepaid
legal services plans, in its entirety and inserting in lieu thereof a new
Code Section 33-35-14 to read as follows:
33-35-14. Any deposits of a sponsor of a prepaid legal services
plan deposited with the Commissioner pursuant to this chapter shall
be administered by the Commissioner in accordance with Chapter 12
of this title as though deposited by a domestic casualty, life, or
accident and sickness insurer authorized to transact insurance in this
state or as deposited by a corporation authorized to transact business
in this state pursuant to Chapter 18 or 19 of this title.
Section 8. Said chapter is further amended by striking Code
Section 33-35-22, relating to applicability, in its entirety and inserting
in lieu thereof a new Code Section 33-35-22 to read as follows:
33-35-22. All insurers authorized to transact casualty, life, or
accident and sickness insurance in this state or any corporation
organized pursuant to Chapter 18 or 19 of this title which is autho-
rized to issue policies of prepaid legal services insurance in this state
shall be required to meet all the requirements of this chapter unless
specifically excepted from the requirements by this chapter, provided
that nothing contained in this chapter shall be deemed to relieve the
obligations of an insurer authorized to transact casualty, life, or
accident and sickness insurance in this state or any corporation
organized pursuant to Chapter 18 or 19 of this title from complying
with any other applicable requirements of this title and any other
applicable laws of this state.
Section 9. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
752
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 16,1983.
RATE OF INTEREST AND PENALTY ON DELINQUENT
TAXES IN CERTAIN COUNTIES (175,000 - 190,000).
Code Section 48-5-149 Amended.
No. 332 (House Bill No. 663).
AN ACT
To amend Code Section 48-5-149 of the Official Code of Georgia
Annotated, relating to rate of interest and penalty on delinquent
taxes in certain counties, so as to change certain population brackets
and the census year upon which the brackets are based; to 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 48-5-149 of the Official Code of Georgia
Annotated, relating to rate of interest and penalty on delinquent
taxes in certain counties, is amended by striking subsection (a)
thereof and inserting in its place a new subsection (a) to read as
follows:
(a) The governing authority of each ad valorem taxing jurisdic-
tion, other than the state, in each county having a population of not
less than 175,000 nor more than 190,000 according to the United
States decennial census of 1980 or any future such census may specify
an annual rate of interest and the penalty to be charged upon
delinquent ad valorem taxes levied by such taxing jurisdiction.
GEORGIA LAWS 1983 SESSION
753
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
SOUTHERN JUDICIAL CIRCUIT SUPPLEMENT TO
COMPENSATION OF JUDGE OF SUPERIOR COURTS.
No. 356 (House Bill No. 757).
AN ACT
To amend an Act providing for a supplement to the compensation
of a judge of the Superior Courts of the Southern Judicial Circuit,
approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, so as to
change the amount of such supplement paid by Brooks, Colquitt,
Echols, and Lowndes counties; to provide for the proportionate share
to be paid by each county in such circuit; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a supplement to the compensa-
tion of a judge of the Superior Courts of the Southern Judicial Circuit,
approved March 6,1956 (Ga. L. 1956, p. 537), as amended, is amended
by striking Section 1 in its entirety and inserting in lieu thereof a new
Section 1 which increases the amount of supplement paid by Brooks,
Colquitt, Echols, and Lowndes counties but does not affect the
supplement paid by Thomas County and which shall read as follows:
Section 1. The judge of the Superior Courts of the Southern
Judicial Circuit shall receive in addition to any compensation, allow-
ances, funds, or moneys of any kind received by him from the state a
754
GENERAL ACTS AND RESOLUTIONS, VOL. I
supplement in compensation in the amount of $7,286.00 per annum,
to be paid monthly from the funds of the counties comprising the
Southern Judicial Circuit. The amount which shall be paid by each of
said counties is as follows:
Brooks County, $840.00 per annum.
Colquitt County, $1,848.00 per annum.
Echols County, $84.00 per annum.
Lowndes County, $3,612.00 per annum.
Thomas County, $902.00 per annum.
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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
which provides for a supplement to the compensation of the judge of
the Superior Courts of the Southern Judicial Circuit and for the
payment of such supplement in specified amounts by the counties
comprising the Southern Judicial Circuit, approved March 6, 1956
(Ga. L. 1956, p. 537), as amended; and for other purposes.
This 12th day of January, 1983.
Robert L. Patten
Representative,
149th District
GEORGIA LAWS 1983 SESSION
755
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Robert L. Patten, who, on oath,
deposes and says that he is Representative from the 149th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Valdosta Daily Times which is the
official organ of Echols County, on the following dates: January 12,
22,29,1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
which provides for a supplement to the compensation of the judge of
the Superior Courts of the Southern Judicial Circuit and for the
payment of such supplement in specified amounts by the counties
comprising the Southern Judicial Circuit, approved March 6, 1956
(Ga. L. 1956, p. 537), as amended; and for other purposes.
This 12th day of January, 1983.
756
GENERAL ACTS AND RESOLUTIONS, VOL. I
Robert L. Patten
Representative,
149th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Robert L. Patten, who, on oath,
deposes and says that he is Representative from the 149th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Valdosta Daily Times which is the
official organ of Lowndes County, on the following dates: January 12,
22,29,1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
which provides for a supplement to the compensation of the judge of
the Superior Courts of the Southern Judicial Circuit and for the
payment of such supplement in specified amounts by the counties
comprising the Southern Judicial Circuit, approved March 6, 1956
(Ga. L. 1956, p. 537), as amended; and for other purposes.
GEORGIA LAWS 1983 SESSION
757
This 12th day of January, 1983.
Robert L. Patten
Representative,
149th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Robert L. Patten, who, on oath,
deposes and says that he is Representative from the 149th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Weekly Moultrie Observer which is
the official organ of Colquitt County, on the following dates: January
19,26 and February 2,1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1983
session of the General Assembly of Georgia a bill to amend an Act
which provides for a supplement to the compensation of the judge of
the Superior Courts of the Southern Judicial Circuit and for the
payment of such supplement in specified amounts by the counties
758
GENERAL ACTS AND RESOLUTIONS, VOL. I
comprising the Southern Judicial Circuit, approved March 6, 1956
(Ga. L. 1956, p. 537), as amended; and for other purposes.
This 12th day of January, 1983.
Robert L. Patten
Representative,
149th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Robert L. Patten, who, on oath,
deposes and says that he is Representative from the 149th District,
and that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Quitman Free Press which is the
official organ of Brooks County, on the following dates: January 19,26
and February 2,1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 21st day of February, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 16, 1983.
GEORGIA LAWS 1983 SESSION
759
ALCOHOLIC BEVERAGES LICENSES FOR SALE OR
STORAGE WITHIN BOUNDARIES OF COUNTY OR
MUNICIPALLY OWNED OR OPERATED AIRPORTS.
Code Section 3-8-1 Amended.
No. 363 (House Bill No. 627).
AN ACT
To amend Code Section 3-8-1 of the Official Code of Georgia
Annotated, relating to the regulation and taxation of the sale and
storage of alcoholic beverages at airports owned and operated by
counties or municipalities, so as to authorize the issuance of licenses
for and the sale, storage, and distribution of alcoholic beverages
within the boundaries of airports owned or operated or both by
counties or municipalities that shall have lawfully authorized the sale
of such beverages within all or part of such counties or municipalities;
to authorize the regulation of, and exercise of, the lease powers over,
the sale, the storage and distribution of such alcoholic beverages by
the county or municipality owning or operating such airports; to
prohibit other counties or municipalities from regulating or exercising
police powers over the sale, storage, and distribution of such alcoholic
beverages within such airport boundaries; to allow the county other-
wise authorized by law to do so to impose and collect taxes on the sale,
storage, and distribution of alcoholic beverages at such airports; to
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 3-8-1 of the Official Code of Georgia
Annotated, relating to the regulation and taxation of the sale and
storage of alcoholic beverages at airports owned and operated by
counties or municipalities, is amended by striking said Code section
in its entirety and substituting in lieu thereof a new Code Section 3-8-
1 to read as follows:
3-8-1. (a) The issuance of licenses for the package sale, sale by
the drink, storage, and distribution of alcoholic beverages within the
boundaries of any airport owned or operated, or both, by a county or
municipality may be approved by a proper resolution or ordinance of
760
GENERAL ACTS AND RESOLUTIONS, VOL. I
the county or municipal governing authority owning or operating the
airport. A license for such sales, storage, and distribution of distilled
spirits may be issued only by the governing authority of a municipal-
ity or county in which the sale of alcoholic beverages is lawful.
(b) This Code section shall apply regardless of the location of the
airport.
(c) For the purposes of regulating the sale, storage, and distribu-
tion of alcoholic beverages, but not for the purposes of taxation, the
airport boundaries of an airport owned or operated, or both, by a
county or municipality shall be treated:
(1) If the airport is owned or operated, or both, by a county,
as though the airport boundaries were located entirely within the
boundaries of the county which owns or operates, or owns and
operates, the airport; or
(2) If the airport is owned or operated, or both, by a munici-
pality, as though the airport boundaries were located entirely
within the corporate limits of that municipality and entirely
within the boundaries of the county in which the greater portion of
the municipality owning or operating, or owning and operating,
the airport lies.
(d) No county or municipality may control, license, regulate, or
exercise police powers over the sale, storage, or distribution of alco-
holic beverages within the boundaries of an airport owned or oper-
ated, or both, by another municipality or county which has lawfully
approved the sale in any fashion or storage of any alcoholic beverages
within all or part of the municipality or county.
(e) The county or municipality authorized by law to impose and
collect taxes on the sale, storage, and distribution of alcoholic bever-
ages at the airport may impose and collect such taxes, unaffected by
this Code section; and the county or municipality owning or operat-
ing, or both, the airport shall not impose or collect such taxes. The
proceeds of the taxes which the county and the municipality are
authorized by law to impose and collect on the sale, storage, and
distribution of alcoholic beverages at the airport shall be equally
divided between the county and the municipality.
GEORGIA LAWS 1983 SESSION
761
(f) The county or municipality which issues the license pursuant
to subsection (a) of this Code section may impose, collect, and receive
licensing fees generally paid in connection with the licensing of the
sale, storage, and distribution of alcoholic beverages; and any county
or municipality that would, apart from this Code section, otherwise
license or regulate, or both, the sale, storage, and distribution of
alcoholic beverages at the airport shall not impose or receive any such
licensing fees unless it is the county or municipality issuing the
license.
Section 2. This Act shall become effective upon its approval by
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 March 16,1983.
APPALACHIAN JUDICIAL CIRCUIT CREATED.
Code Title 15, Chapter 6 Amended.
No. 364 (House Bill No. 185).
AN ACT
To create a new judicial circuit for the State of Georgia, to be
known as the Appalachian Judicial Circuit, to be composed of the
Counties of Fannin, Gilmer, and Pickens; to provide for a judge of the
superior court and a district attorney for said circuit; to provide for
their election and compensation; to provide for the transfer of pro-
ceedings to said circuit; to provide for other matters relative to the
foregoing; to amend Chapter 6 of Title 15 of the Official Code of
Georgia Annotated, relating to superior courts, so as to provide for a
new judicial circuit; to provide for the judge of the superior court and
the terms of court in said circuit; to provide for other matters relative
762
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the foregoing; to provide effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) Effective July 1, 1983, there is created a new
judicial circuit of the superior courts of this state, to be known as the
Appalachian Judicial Circuit, which circuit shall be composed of the
Counties of Fannin, Gilmer, and Pickens. The offices of the judge of
the superior court and district attorney of the Appalachian Judicial
Circuit are created for said circuit. The initial judge and district
attorney shall be appointed by the Governor for a term of office
beginning on July 1, 1983, and continuing through December 31,
1984, and until a successor is elected and qualified. Successors to the
initial judge and district attorney shall be elected in the general
election immediately preceding the expiration of a term of office and
shall be elected for terms of office of four years each and until their
respective successors are duly elected and qualified. Successors to the
offices of judge and district attorney shall take office on the first day
of January following their election.
(b) The compensation and allowances of the judge and district
attorney of said circuit shall be as now or hereafter provided by law.
(c) All proceedings and litigations, civil, equitable, and criminal,
pending in the superior courts of Fannin, Gilmer, and Pickens
counties at such time as they were a part of the Blue Ridge Judicial
Circuit, including all complaints, pleadings, petitions, indictments,
special presentments, summonses, processes, motions, writs, mesne,
and final proceedings, together with all books and records of any kind
or character belonging to, issued, returnable, filed, pending, or com-
menced in such counties shall relate to, become a part of, and be
transferred to the respective superior courts of the Appalachian
Judicial Circuit and its jurisdiction when said circuit comes into
existence.
Section 2. Chapter 6 of Title 15 of the Official Code of Georgia
Annotated, relating to superior courts, is amended by striking para-
graph (6) of subsection (a) of Code Section 15-6-1 in its entirety and
inserting in lieu thereof a new paragraph (6) to read as follows:
(6) Blue Ridge Judicial Circuit, composed of the Counties of
Cherokee and Forsyth;,
GEORGIA LAWS 1983 SESSION
763
and by striking at the end of paragraph (42) of subsection (a) of Code
Section 15-6-1 the symbol and inserting the symbol and by
adding at the end of subsection (a) of Code Section 15-6-1 a new
paragraph (43) to read as follows:
(43) Appalachian Judicial Circuit, composed of the Counties of
Fannin, Gilmer, and Pickens.
Section 3. Said chapter is further amended by adding at the end
of subsection (a) of Code Section 15-6-2 a new paragraph (43) to read
as follows:
(43) Appalachian Circuit............................. 1
Section 4. Said chapter is further amended by striking para-
graph (6) of subsection (a) of Code Section 15-6-3 in its entirety and
inserting in lieu thereof a new paragraph (6) to read as follows:
(6) Blue Ridge Circuit:
(A) Cherokee County Second Monday in January, May,
and September.
(B) Forsyth County Fourth Monday in March and July
and second Monday in November.
and by adding at the end of subsection (a) of Code Section 15-6-3 a
new paragraph (43) to read as follows:
(43) Appalachian Circuit:
(A) Fannin County Second Monday in March; first
Monday in June; and second Monday in November.
(B) Gilmer County Second Monday in February;
second Monday in May; and second Monday in October.
(C) Pickens County Second Monday in January; second
Monday in April; and second Monday in September.
Section 5. For the purposes of the appointment of the judge and
district attorney of the Appalachian Judicial Circuit to take office on
July 1,1983, this Act shall become effective upon its approval by the
764
GENERAL ACTS AND RESOLUTIONS, VOL. I
Governor or upon its becoming law without his approval. This Act
shall be effective for all purposes on July 1,1983.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 16,1983.
THE METROPOLITAN ATLANTA RAPID TRANSIT
AUTHORITY ACT OF 1965 AMENDED.
No. 366 (House Bill No. 340).
AN ACT
To amend an Act known as The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended, particularly by an Act approved March
16,1971 (Ga. L. 1971, p. 2092), an Act approved March 17,1973 (Ga.
L. 1973, p. 141), an Act approved February 20,1976 (Ga. L. 1976, p.
217), an Act approved March 24,1976 (Ga. L. 1976, p. 3092), an Act
approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved
April 16, 1979 (Ga. L. 1979, p. 4634), and an Act approved April 7,
1981 (Ga. L. 1981, p. 4289), so as to permit the Authority to provide
deferred compensation plans for its employees; to change and specify
the procedures under which the Board of Directors of the Authority
awards contracts for construction, alterations, supplies, equipment,
repairs, maintenance, services, or for the purchase, sale, or lease of
property; to change and specify the procedures by which the Author-
ity will secure competitive bids for such contracts; to change the
manner of publication of certain reports; to provide for public dissem-
ination of said reports; to provide certain limitations on the use of the
proceeds of certain taxes, bonds, and certificates so as to specify
certain purposes and a certain order of priorities; to provide for other
matters relative to the foregoing and relative to the general purposes
of this Act; to provide an effective date; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1983 SESSION
765
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended, particularly by an Act approved March
16,1971 (Ga. L. 1971, p. 2092), an Act approved March 17,1973 (Ga.
L. 1973, p. 141), an Act approved February 20, 1976 (Ga. L. 1976, p.
217), an Act approved March 24,1976 (Ga. L. 1976, p. 3092), an Act
approved March 30, 1977 (Ga. L. 1977, p. 1211), an Act approved
April 16, 1979 (Ga. L. 1979, p. 4634), and an Act approved April 7,
1981 (Ga. L. 1981, p. 4289), is amended by striking paragraph (3) of
subsection (i) of Section 6 thereof and inserting in its place a new
paragraph (3) to read as follows:
(3) The award of any contract involving $25,000.00 or more for
construction, alterations, supplies, equipment, repairs, maintenance
or services other than professional services, or for the purchase, sale
or lease of any property. The Board by appropriate resolution may
delegate to the general manager the general or specific authority to
enter into contracts involving less than $25,000.00 if such contracts
are entered into in accordance with Section 14 of this Act.
Section 2. Said Act is further amended by adding immediately
after subsection (r) of Section 8 a new subsection (s) to read as
follows:
(s) With respect to the establishment of deferred compensation
plans for the benefit of its employees, all of the powers enjoyed by the
state or any county, municipality, or other political subdivision
pursuant to Article 2 of Chapter 18 of Title 45 of the O.C.G.A. In
exercising the powers conferred by this subsection, the Authority
shall not be subject to the restrictions on investments imposed by
subsections 10(r) and 10(u) of this Act.
Section 3. Said Act is further amended by striking subsections
(a), (b), (c), and (d) of Section 14 and inserting in their place new
subsections (a), (b), (c), and (d) to read as follows:
(a) Except in the acquisition of unique property which for any
reason is unobtainable in the open market, and except as hereinafter
otherwise provided, competitive bids shall be secured before any
acquisition or disposition of properties by contract or otherwise is
made by the Authority, or before any contract is awarded for con-
766
GENERAL ACTS AND RESOLUTIONS, VOL. I
struction, alterations, supplies, equipment, repairs or maintenance,
or for rendering any services to the Authority, acquisitions shall be
made from, and contracts awarded to, the lowest responsible bidder,
and dispositions of property shall be made to the highest responsible
bidder. No acquisition of any unique property unobtainable in the
open market shall be made without the express approval of the Board
where the amount involved is $25,000.00 or more. Nothing in this
Section shall apply to contracts for professional services or the
personal services of employees, or to contracts for services of individ-
uals or organizations not employed full time by the Authority but who
are engaged primarily in the rendition of personal services and not the
sale of goods and merchandise, such as but not limited to the services
of attorneys, accountants, engineers, architects, consultants and
advisors.
(b) All such acquisitions, dispositions and contracts involving
$25,000.00 or more shall be awarded only after advertising in the local
newspaper of the largest circulation in the metropolitan area at least
once a week in the two weeks prior to the bid opening. Bids shall be
publicly opened and read aloud at a date, time and place designated
in the invitation to bid. Invitations to bid shall be sent at least one
week prior to the bid opening to at least three potential bidders who
are qualified technically and financially to submit bids, or, in lieu
thereof, a memorandum shall be kept on file showing that less than
three potential bidders so qualified exist in the market area within
which it is practicable to obtain bids. Prior to the award of a contract
which will call for an anticipated aggregate payment of $150,000.00 or
more to the successful bidder, the Authority shall make an accurate
and brief summary thereof available to the public in its principal
office and shall publish notice of its intention to award such contract
to the successful bidder at least five days prior to such award in the
local newspaper of the largest circulation in the metropolitan area.
Such advertisement shall state the name of the successful bidder, the
amount of the contract and its subject matter. This provision shall
apply to contracts entered into thirty days or more after the effective
date of this Act.
(c) Except as otherwise provided in this Section, written price
quotations from at least three qualified and responsible vendors, or
vendees as the case may be, shall be obtained for all acquisitions,
dispositions and contracts involving less than $25,000.00 and over
$5,000.00, or, in lieu thereof, a memorandum approved by the Board
shall be kept on file showing that less than three vendors or vendees,
GEORGIA LAWS 1983 SESSION
767
as the case may be, so qualified exist in the market area within which
it is practicable to obtain quotations. Acquisitions shall be made
from, and contracts awarded to, the lowest responsible quotation, and
dispositions of property shall be made to the highest responsible
quotation.
(d) Acquisitions, dispositions and contracts involving $5,000.00
or less may be negotiated with or without competitive bidding under
sound procurement procedures as promulgated and established by
the Board.
Section 4. Said Act is further amended by striking Section 14A
and inserting in its place a new Section 14A to read as follows:
Section 14A. The Authority shall have available at its principal
office for public inspection at all times during regular business hours
of the Authority an accurate and brief summary disclosing all mate-
rial terms of each contract which the Authority has entered into and
the terms of which call for expenditures by the Authority of more
than $150,000. The Authority shall publish in a daily newspaper of
general circulation within the entire geographic area of the Author-
itys operations an annual report for the period ending June 30 of each
year. Each annual report shall include a statement of the tax revenue
and operating revenue received during the period, a statement of the
total expenditures made during the period and a list of all written
contracts entered into by the Authority during the period which call
for the Authority to expend at any time in the aggregate more than
$50,000.
Such list shall also include any employment or consultant contracts
(whether or not written) under which the employee or consultant is to
be compensated at an annual rate of more than $20,000, including
direct and indirect or deferred benefits. When a person or firm,
whose salary or fee is reportable hereunder, shall have his compensa-
tion increased at any time, the amount of such increase and the total
new rate shall be reported for the period in which the increase takes
effect. The list of contracts shall state the anticipated amount of
funds to be paid thereunder, or the formula for determining such
amount. The Authority shall also publish a list of the names of each
person, firm or corporation which has received from the Authority
during such period in excess of $20,000, as well as the amount paid to
such person, firm or corporation during such period. The published
information shall also be filed as a statement, verified by the Chair-
768
GENERAL ACTS AND RESOLUTIONS, VOL. I
man of the Board of the Authority and its General Manager, with
members of the Metropolitan Atlanta Rapid Transit Authority Over-
view Committee, the State Auditor and with governing authorities of
each county and the largest municipality in the area of the Author-
itys operation. The annual report required by this Section shall be
published and filed within forty-five days of the end of the reporting
period.
Section 5. Said Act is further amended by inserting in the first
sentence of subsection (k) of Section 25 after the words:
as defined in subsection 25(i) of this Act,
and before the following words:
and to complete and operate those portions,
the following words:
, to pay the general administrative expenses of the Authority, to
purchase, construct, replace, and maintain buses and facilities neces-
sary for the operation, repair, and maintenance of buses, to purchase
on terms advantageous to the Authority real property necessary and
appropriate to construct, complete, and operate the rapid transit
system described in the Rapid Transit Contract and Assistance
Agreement by and between the Authority, the counties of Fulton and
DeKalb and the City of Atlanta dated September 1,1971, as now and
hereafter amended,.
Section 6. The Act amending The Metropolitan Atlanta Rapid
Transit Authority Act of 1965, which amendatory Act was approved
April 16,1979 (Ga. L. 1979, p. 4634), as amended by an Act approved
April 7, 1981 (Ga. L. 1981, p. 4289), is amended by striking from
Section 13 of said 1979 amendatory Act, as amended, the following:
except that Section 10 of this Act shall become effective July 1,
1984.,
and inserting in its place the following:
except that Section 10 of this Act shall become effective July 1,
1983.
GEORGIA LAWS 1983 SESSION
769
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Fulton County Daily Report which is the official
organ of Fulton County, on the following dates: December 21,28,1982
and January 4,1983.
/s/ John W. Greer
Representative,
39th District
770
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
/s/ John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Marietta Daily Journal which is the official
organ of Cobb County, on the following dates: December 24,31, 1982
and January 7,1983.
/s/ John W. Greer
Representative,
39th District
GEORGIA LAWS 1983 SESSION
771
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Decatur DeKalb News Era which is the official
organ of DeKalb County, on the following dates: December 23, 30,
1982, and January 6,1983.
/s/ John W. Greer
Representative,
39th District
772
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Home Weekly which is the official organ of
Gwinnett County, on the following dates: January 5,12,19,1983.
/s/ John W. Greer
Representative,
39th District
GEORGIA LAWS 1983 SESSION
773
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of General Assembly of Georgia a bill to amend an Act
known as the Metropolitan Atlanta Rapid Transit Authority Act of
1965, approved March 10,1965 (Ga. Laws 1965, p. 2243) as amended;
to repeal conflicting laws; and for other purposes.
This 6th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Clayton News Daily is the official organ of
Clayton County, on the following dates: January 11,18,25,1983.
/s/ John W. Greer
Representative,
39th District
774
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Susan Gordon
Notary Public, Georgia State at Large.
My Commission Expires Dec. 28, 1984.
(Seal).
Approved March 18, 1983.
TOOMBS CIRCUIT TERMS OF LINCOLN
COUNTY GRAND JURY CHANGED.
No. 382 (House Bill No. 328).
AN ACT
To amend an Act creating the Toombs Circuit and providing the
days for holding sessions of court in each county thereof, approved
August 12, 1910 (Ga. L. 1910, p. 63), as amended, particularly by an
Act approved March 6,1945 (Ga. L. 1945, p. 921), so as to change the
terms for which the grand jury of the superior court of Lincoln
County may be convened; 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 Toombs Circuit and providing the
days for holding sessions of court in each county thereof, approved
August 12, 1910 (Ga. L. 1910, p. 63), as amended, particularly by an
Act approved March 6, 1945 (Ga. L. 1945, p. 921), is amended by
adding following Section 6 thereof a new Section 6.1 to read as
follows:
GEORGIA LAWS 1983 SESSION
775
Section 6.1. Notwithstanding Section 6 of this Act, the grand
jury of the Superior Court of Lincoln County shall not be convened
except for the January and July 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.
Section 2. This Act shall become effective upon its approval by
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 March 18,1983.
STONE MOUNTAIN JUDICIAL CIRCUIT
SUPPLEMENT TO JUDGES COMPENSATION, ETC.
CHANGED.
No. 386 (Senate Bill No. 221).
AN ACT
To amend an Act providing a supplement to the compensation,
expenses, and allowances of the judges of the superior court of the
Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L.
1974, p. 391), so as to change that supplement for certain purposes
and to delete certain references to Rockdale County; 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 supplement to the compensation,
expenses, and allowances of the judges of the superior court of the
Stone Mountain Judicial Circuit, approved March 21, 1974 (Gai. L.
1974, p. 391), is amended by striking Section 1, which reads as follows:
776
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. In addition to the compensation, salary, expenses and
allowances presently being received by the judges of the superior
court of the Stone Mountain Judicial Circuit from the State of
Georgia, or any other source, the judges of the superior court of said
circuit shall receive a supplement to such compensation from the
funds of DeKalb and Rockdale Counties in the amount of $6,000.00
per annum for each such judge. Said supplementary salary shall be
paid in equal monthly installments. The division of payment among
the two counties shall be pro rata based upon their respective
population as shown in the 1970 United States Decennial Census or
any future such census.,
and inserting in its place a new Section 1 to read as follows:
Section 1. In addition to the compensation, salary, expenses, and
allowances presently being received by the judges of the superior
court of the Stone Mountain Judicial Circuit from the State of
Georgia, or any other source, the judges of the superior court of said
circuit shall receive a supplement to such compensation from the
funds of DeKalb County in the amount of $9,000.00 per annum for
each such judge. Said supplementary salary shall be paid in equal
monthly installments.
Section 2. This Act shall become effective 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 given that there will be introduced at the regular 1983
session of the General Assembly of Georgia, a bill to amend an Act
providing a county supplement to judges of the superior court of the
Stone Mountain Judicial Circuit, approved March 21, 1974 (Ga. L.
1974, p. 391); and for other purposes.
GEORGIA LAWS 1983 SESSION
777
This 7th day of January, 1983.
Pierre Howard
Senator,
42nd District
Publishers Certificate.
Georgia, DeKalb County.
Personally appeared before me, the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, co-pub-
lisher of the Decatur-DeKalb News/Era, a newspaper published at
Decatur, county of DeKalb, State of Georgia, who, being duly sworn,
states on oath that the report of Local Legislation - Supplement to
Superior Court Judge, a true copy of which is hereto annexed, was
published in said newspaper in its issue of the 20, 27,3rd days of Jan.
& Feb., 1983.
/s/ Gerald W. Crane
Co-Publisher
(by) /s/ Linda L. Orr, Agent
Sworn to and subscribed before me,
this 3rd day of February, 1983.
/s/ Linda L. Orr
Notary Public.
My Commission Expires June 21, 1985.
(Seal).
Approved March 18, 1983.
778
GENERAL ACTS AND RESOLUTIONS, VOL. I
NORTH GEORGIA COLLEGE MILITARY
SCHOLARSHIPS.
Code Title 20, Chapter 3 Amended.
No. 403 (House Bill No. 308).
AN ACT
To amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20
of the Official Code of Georgia Annotated, relating to North Georgia
College military scholarships, so as to provide that a student may
meet the terms of a scholarship by accepting a regular army commis-
sion and serving in the United States Army upon concurrence by the
Georgia Army National Guard; to provide that the selection commit-
tee shall select a candidate or candidates at large from among the
original 50 candidates recommended without regard to district of
residence in the event a congressional district does not have a
qualified candidate; to authorize the selection committee to award
limited scholarships to fill vacancies whenever a scholarship recipient
fails to meet the standards for retention; to provide for the submis-
sion of nominees by the professor of military science at North Georgia
College; to provide for the qualifications and obligations of students
selected to receive limited scholarships; to provide for the payment of
interest on scholarship assistance received for unfulfilled obligations;
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. Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title
20 of the Official Code of Georgia Annotated, relating to North
Georgia College military scholarships, is amended by striking para-
graph (6) of subsection (b) of Code Section 20-3-421, relating to
eligibility for scholarships, in its entirety and substituting in lieu
thereof a new paragraph (6) to read as follows:
(6) Upon graduation from North Georgia College, accept a
commission as a second lieutenant and agree to serve not less than
four years in the Georgia Army National Guard; however, terms of the
scholarship may be met by acceptance of a commission and active
duty service for not less than four years in the United States Army or
GEORGIA LAWS 1983 SESSION
779
a combination of service in the active army and the Georgia Army
National Guard for not less than four years upon certification by the
adjutant general that no need exists in the Georgia Army National
Guard at the time of the commencement of the period of active
service.
Section 2. Said subpart is further amended by striking subsec-
tion (b) of Code Section 20-3-423, relating to the creation, composi-
tion, and duties of the selection committee, in its entirety and
substituting in lieu thereof a new subsection (b) to read as follows:
(b) It shall be the duty of the selection committee to select,
from the five nominees from each congressional district submitted to
the committee pursuant to Code Section 20-3-422, one person from
each congressional district to receive a scholarship under this sub-
part. In the event a congressional district does not have a qualified
candidate, the committee may select a candidate or candidates at
large from alternate nominees among the original 50 candidates
without regard to district of residence. Upon selecting the recipients
of scholarships, the committee shall:
(1) Notify each recipient of the scholarship;
(2) Notify each member of the legislative delegation from
each congressional district of the name of the recipient of the
scholarship from that congressional district; and
(3) Notify the authority of the names and addresses of the
recipients of the scholarships.
Section 3. Said subpart is further amended by striking Code
Section 20-3-426, relating to the effect of failure to meet standards
and requirements for continued eligibility for scholarships, in its
entirety and substituting in lieu thereof a new Code Section 20-3-426
to read as follows:
20-3-426. (a) If at any time a recipient of a scholarship fails to
meet the standards and requirements for continued eligibility as
provided by the selection committee pursuant to subsection (c) of
Code Section 20-3-423, such recipient shall thereby lose eligibility for
the scholarship and shall be obligated to repay the same as provided
in Code Section 20-3-425. The selection committee shall promptly
notify the authority when a recipient loses eligibility.
780
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In the event a scholarship recipient fails to meet the stan-
dards for retention or otherwise surrenders the scholarship, the
committee may award a three-, two-, or one-year scholarship as
appropriate to fill the vacancy and the scholarship shall begin in
September immediately following the award. Nominees for a three-,
two-, or one-year scholarship shall be submitted to the selection
committee by the professor of military science at North Georgia
College. The nominees shall be required to meet all criteria estab-
lished for the four-year scholarship and they shall be selected from
current members of the college Corps of Cadets at large. Such
recipients of scholarships shall incur the same obligations as a four-
year scholarship recipient; provided, however, that such recipients of
scholarships of less than four years shall only be required to serve the
number of years in the Georgia Army National Guard or number of
years of active duty service in the United States Army or number of
years in a combination of service in the active army and the Georgia
Army National Guard which corresponds to the period or number of
years of such scholarship.
Section 4. Said subpart is further amended by striking para-
graph (2) of subsection (a) of Code Section 20-3-425, relating to the
failure of scholarship recipients to meet service obligations, in its
entirety and substituting in lieu thereof a new paragraph (2) to read
as follows:
(2) Pay to the authority an amount equal to the amount of
scholarship assistance received by the recipient under this subpart,
plus interest, such amount to be paid, in accordance with regulations
of the authority, within five years after the recipient graduates from
or terminates his enrollment in North Georgia College.
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 March 18,1983.
GEORGIA LAWS 1983 SESSION
781
SECURITIES DEALERS AND SALESMEN SURETY
BONDS EXEMPTION FOR MEMBERS OF THE
SECURITIES INVESTOR PROTECTION CORPORATION.
Code Section 10-5-3 Amended.
No. 404 (House Bill No. 427).
AN ACT
To amend Code Section 10-5-3 of the Official Code of Georgia
Annotated, relating to the requirement for dealers and salesmen to
file surety bonds or deposits, so as to provide exemption for members
of the Securities Investor Protection Corporation; to provide for other
matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 10-5-3 of the Official Code of Georgia
Annotated, relating to the requirement for dealers and salesmen to
file surety bonds or deposits, is amended by striking paragraph (2) of
subsection (g) of said Code section in its entirety and substituting in
lieu thereof a new paragraph (2) to read as follows:
(2) (A) The requirement for filing of such bond by an appli-
cant for registration or renewal of registration as a dealer or
limited dealer shall not be applicable if:
(i) Such applicant has filed with the commissioner
written proof of membership in the Securities Investor Pro-
tection Corporation and a written undertaking to comply
continuously with all applicable provisions of the Securities
Investor Protection Act of 1970, U.S.C.A. 78aaa et seq.; or
(ii) As of the dates of the most recent balance sheet
certified by an independent public accountant filed by such
applicant pursuant to this Code section and any subsequent
noncertified balance sheet so filed, such applicant had a
minimum capital of not less than $250,000.00. For the
purposes of this division, minimum capital shall mean net
worth as determined in accordance with generally accepted
782
GENERAL ACTS AND RESOLUTIONS, VOL. I
accounting principles, unless for the purposes of this division
the commissioner shall adopt rules and regulations for deter-
mining the minimum capital of a dealer or limited dealer, in
which case minimum capital shall be determined in accord-
ance with such rules and regulations. The aforesaid balance
sheets filed by such applicant shall be used to determine the
applicants minimum capital unless the commissioner shall
have adopted the rules or regulations authorized in the pre-
ceding sentence, in which case the applicants minimum
capital shall be determined from schedules prepared in
accordance with such rules and regulations. The schedule
prepared as of the date of the certified balance sheet referred
to above shall be certified as having been prepared in accord-
ance with the rules or regulations adopted by the commis-
sioner, as provided in this division, by an independent public
accountant duly registered and in good standing as such
under the laws of the place of his residence.
(B) The requirement for the filing of such bond by an
applicant for registration or renewal of registration as a salesman
or limited salesman shall not be applicable if the dealer or limited
dealer by whom such applicant is employed or is to be employed is
not subject to the bond requirements of this Code section.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
783
LICENSED HOSPITALS AND OTHER HEALTH CARE
FACILITIES REQUIRED TO HAVE APPROVED
DISASTER PREPAREDNESS PLAN.
Code Section 31-7-3 Amended.
No. 405 (House Bill No. 585).
AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of
Georgia Annotated, relating to the regulation and construction of
hospitals and other health care facilities, so as to provide that
facilities licensed by the Department of Human Resources pursuant
to said chapter shall be required to have an approved disaster
preparedness plan; to provide for an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code
of Georgia Annotated, relating to the regulation and construction of
hospitals and other health care facilities, is amended by adding
following subsection (b) of Code Section 31-7-3, relating to permits
issued by the Department of Human Resources, a new subsection (c)
to read as follows:
(c) The department shall require a facility licensed under this
article and rules and regulations adopted pursuant thereto to have a
written and regularly rehearsed disaster preparedness plan, approved
by the department, for staff and residents to follow in case of fire,
explosion, or other emergency, including interruption of electrical
power supply, gas-heating supply, and water supply. The plan shall
include written procedures for personnel to follow in an emergency
including care of the resident; notification of attending physician and
other persons responsible for the resident; and arrangements for
transportation, for hospitalization, for alternate living arrangements,
for emergency energy sources, or for other appropriate services.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
784
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
FEDERAL-STATE SHIPPING POINT INSPECTION
SERVICE EMPLOYEES - CREDITABLE SERVICE, ETC.
Code Section 47-2-310 Amended.
No. 406 (Senate Bill No. 42).
AN ACT
To amend Code Section 47-2-310 of the Official Code of Georgia
Annotated, relating to the coverage of Georgia Federal-State Ship-
ping Point Inspection Service employees under the Employees
Retirement System of Georgia, so as to change the provisions and
requirements relating to granting creditable service for certain previ-
ous service; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-2-310 of the Official Code of Georgia
Annotated, relating to the coverage of Georgia Federal-State Ship-
ping Point Inspection Service employees under the Employees
Retirement System of Georgia, is amended by striking subsection (d)
in its entirety and substituting in lieu thereof a new subsection (d) to
read as follows:
(d) Any person who becomes a member of the retirement
system under this Code section, upon certified proof of previous
service with the inspection service, shall be eligible to receive up to
five years of credit for such previous service by paying the regular
employer and employee contributions, including accrued interest,
GEORGIA LAWS 1983 SESSION
785
that would have accumulated during such period of employment. In
the computation of such contributions and interest, the compensa-
tion of such member shall be deemed to have been the same as the
compensation such member received on the date he first became a
member. For any member claiming creditable service under this
subsection on and after July 1, 1983, the board of trustees shall
calculate the period of time the contributions and interest provided
for above will fund as creditable service under the retirement system
without creating any additional accrued liability of the retirement
system; and the amount of creditable service so determined shall be
the creditable service to which the member is entitled. The inspec-
tion service shall be authorized to supplement contributions and
interest provided for above in an amount, as determined by the board
of trustees, which, together with such contributions and interest, will
fully fund as creditable service the total amount of previous service
claimed without creating any additional accrued liability of the
retirement system, and in the event such supplement is paid by the
inspection service to the board of trustees, the member shall be
entitled to receive all such previous service as creditable service up to
the maximum of five years. Credit for previous service shall be
available to a member only after he has worked for the inspection
service for one full year following July 1,1975, and must be exercised,
if at all, within one year after the time any such member becomes
eligible to elect such option or by not later than January 1, 1984,
whichever date is later.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
786
GENERAL ACTS AND RESOLUTIONS, VOL. I
VOTER REGISTRATION AND ELIGIBILITY TO VOTE.
Code Title 21, Chapters 2 and 3 Amended.
No. 407 (House Bill No. 28).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to add additional exceptions to the right to
register and vote as required by Article II, Section I, Paragraph III of
the Constitution of the State of Georgia; to revise and correct certain
stylistic errors; to provide for legislative intent; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article II, Section I, Paragraph III of the
Constitution of the State of Georgia.
Section 2. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking Code Section 21-2-219,
relating to qualifications of voters, in its entirety and inserting in its
place a new Code Section 21-2-219 to read as follows:
21-2-219. (a) No person shall vote in any primary or election
held in this state unless he shall be:
(1) Registered as an elector in the manner prescribed by
law;
(2) A citizen of this state and of the United States;
(3) At least 18 years of age;
(4) A resident of this state and of the county in which he or
she seeks to vote; and
(5) Possessed of all other qualifications prescribed by law.
GEORGIA LAWS 1983 SESSION
787
(a.l) (1) No person who has been convicted of a felony involv-
ing moral turpitude may register, remain registered, or vote except
upon completion of the sentence.
(2) No person who has been judicially determined to be
mentally incompetent may register, remain registered, or vote
unless the disability has been removed.
(b) Any person who possesses the qualifications of an elector
except that concerning age shall be permitted to register to vote if
such person will acquire such qualification within six months after
the day of registration; provided, however, that such person shall not
be permitted to vote in a primary or election until the acquisition of
all specified qualifications.
(c) Notwithstanding any other provision of this article, any
person who was qualified and registered to vote on June 24, 1964,
shall not be required to reregister under the terms of this article
unless such person shall have become or becomes disqualified to vote
by reason of having been purged from the list of electors or for any
other reason whatsoever, in which event such person shall, in order to
become registered to vote, reregister under the terms of this article.
(d) If any citizen of this state begins residence in another state
after the thirtieth day next preceding any election for President and
Vice President and, for that reason, does not satisfy the registration
requirements of that state, he shall be allowed to vote for presidential
and vice presidential electors, in that election, in person in this state if
he satisfied, as of the date of his change of residence, the require-
ments to vote in this state, or by absentee ballot in this state if he
satisfies, but for his nonresident status and the reason for his absence,
the requirements for absentee voting in this state.
(e) Any person willfully making a false statement or affidavit
under this Code section shall, upon first offense, be guilty of a
misdemeanor and, upon the second and any subsequent offense, be
guilty of a felony.
Section 3. Said title is further amended by striking Code
Section 21-3-125, relating to qualifications of voters, in its entirety
and inserting in its place a new Code Section 21-3-125 to read as
follows:
788
GENERAL ACTS AND RESOLUTIONS, VOL. I
21-3-125. (a) No person shall vote in any primary or election
unless he shall be:
(1) Registered as an elector in the manner prescribed by
law;
(2) A citizen of this state and of the United States;
(3) At least 18 years of age;
(4) A resident of the municipality in which he seeks to vote,
notwithstanding any provision of any municipal charter to the
contrary; and
(5) Possessed of all other qualifications prescribed by law.
(a.l) (1) No person who has been convicted of a felony involv-
ing moral turpitude may register, remain registered, or vote except
upon completion of the sentence.
(2) No person who has been judicially determined to be
mentally incompetent may register, remain registered, or vote
unless the disability has been removed.
(b) Any person who possesses the qualifications of an elector
except those concerning age shall be permitted to register to vote if
such person will acquire such qualifications within six months after
the day of registration; provided, however, that such person shall not
be permitted to vote in a primary or election until the acquisition of
such qualifications.
(c) Notwithstanding any other provision of this article, any
person who was qualified and registered to vote on September 1,1968,
shall not be required to reregister under the terms of this article
unless such person shall have become or becomes disqualified to vote
by reason of having been purged from the list of electors or for any
other reason whatsoever, in which event such person shall, in order to
become registered to vote, reregister under the terms of this article.
(d) The governing authority of any municipality may by charter,
ordinance, or resolution elect either to maintain its own registration
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
GEORGIA LAWS 1983 SESSION
789
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 municipal-
ity elects to maintain its own registration list, the municipality shall
use the form of the registration card and the questions to be pro-
pounded 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.
(e) In a municipality maintaining its own registration list, any
person desiring to register as an elector shall apply to a registrar or a
deputy registrar and shall furnish such officer with proper identifica-
tion and information which will enable him to fill in all blanks
appearing on the registration card. For purposes of this Code section,
proper identification may be made by exhibiting a valid drivers
license, birth certificate, or any other document that will reasonably
reflect the true identity of the applicant. On completion of the form,
the officer shall administer the oath to the applicant and then have
him sign it, and the officer shall attest it. Upon request of the
applicant, the officer taking the application shall read or repeat the
oath distinctly to the applicant; and, if the applicant cannot sign his
name, the officer shall sign it for him, the applicant making his mark
thereto.
Section 4. This Act shall become effective July 1,1983.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
790
GENERAL ACTS AND RESOLUTIONS, VOL. I
PHARMACISTS QUALIFICATIONS FOR LICENSE
CHANGED.
NUCLEAR PHARMACY LAW ENACTED.
Code Section 26-4-72 Amended.
Code Sections 26-4-130 through 26-4-138 Enacted.
No. 408 (Senate Bill No. 184).
AN ACT
To amend Article 2 of Chapter 4 of Title 26 of the Official Code of
Georgia Annotated, relating to pharmaceutics, so as to change qualifi-
cations for pharmacists license; to provide for nuclear pharmacies; to
provide a short title; to define certain terms; to provide for licensure
of nuclear pharmacies and pharmacists and exemptions; to establish
licensure requirements; to provide for general requirements for
nuclear pharmacies; to establish minimal radiopharmaceutical equip-
ment requirements; to provide sanctions; to provide for the suspen-
sion or revocation of licenses; to provide for refusal of licenses; to
provide for rules and regulations; to provide an effective date; to
provide for construction; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 4 of Title 26 of the Official Code
of Georgia Annotated, relating to pharmaceutics, is amended by
striking paragraph (2) of subsection (a) of Code Section 26-4-72,
relating to qualifications for pharmacists license, and inserting in its
place a new paragraph (2) to read as follows:
(2) Be a graduate of a generally recognized school or college of
pharmacy, as the same may be defined by the board; provided,
however, that, if it would be impractical for the board to evaluate a
foreign school or college of pharmacy, the board may determine that
an applicant who is a graduate of such a school or college is qualified,
based upon an individual evaluation of the applicants educational
background and proficiency in the English language;.
Section 2. Said article is further amended by adding after Part 4
thereof a new Part 4A to read as follows:
GEORGIA LAWS 1983 SESSION
791
Part 4A
26-4-130. This part shall be known as the Nuclear Pharmacy
Law.
26-4-131. As used in this part, the term:
(1) Authentication of product history means, but is not
limited to, identifying the purchasing source, the ultimate fate,
and any intermediate handling of any component of a radio-
pharmaceutical.
(2) Board means the State Board of Pharmacy.
(3) Compounding of radiopharmaceuticals means the
addition of a radioactive substance to nonradioactive substances
or the use of a radioactive substance in preparation for single or
multidose dispensation upon the prescription order of a physician
who is licensed to use radioactive materials. Compounding of
radiopharmaceuticals may include: loading and eluting of radio-
nuclide generators; using manufactured reagent kits to prepare
radiopharmaceuticals; preparing reagent kits; aliquoting reagents;
formulation and quality assurance testing of radiochemicals for
use as radiopharmaceuticals; and radiolabeling of compounds or
products, including biological products, for use as radio-
pharmaceuticals.
(4) Department means the Department of Human
Resources.
(5) Internal test assessment means, but is not limited to,
conducting those tests of a quality assurance necessary to ensure
the integrity of the test.
(6) Manufacturing of radiopharmaceuticals means the
preparation, derivation, or production of a product to which a
radioactive substance is or will be added to provide a radio-
pharmaceutical for sale, resale, redistribution, or reconstitution.
(7) Nuclear pharmacy means a pharmacy providing radio-
pharmaceutical service.
792
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Radiopharmaceutical means radioactive drugs and
chemical products used for diagnostic and therapeutic purposes
and includes the terms radioactive pharmaceuticals, radioiso-
topes, and radioactive tracers.
(9) Radiopharmaceutical quality assurance means, but is
not limited to, the performance of appropriate chemical, biologi-
cal, and physical tests on radiopharmaceuticals and their compo-
nent materials and the interpretation of the resulting data to
determine their suitability for use in humans and animals, includ-
ing internal test assessment, authentication of product history,
and the keeping of proper records.
(10) Radiopharmaceutical service means, but is not limited
to, the compounding, dispensing, labeling, and delivering of radio-
pharmaceuticals; the participation in radiopharmaceutical selec-
tion and radiopharmaceutical utilization review; the maintenance
of radiopharmaceutical quality assurance; and the responsibility
for advising, where necessary or where regulated, of therapeutic
values, hazards, and use of radiopharmaceuticals; and the offering
or performing of those acts, services, operations, or transactions
necessary in the conduct, operation, mangagement, and control of
a nuclear pharmacy.
26-4-132. (a) All persons, firms, pharmacies, or corporations
which receive, possess, transfer, or manufacture for sale or resale
radiopharmaceuticals shall be licensed in accordance with the provi-
sions of this part. No person may receive, acquire, possess, com-
pound, or dispense any radiopharmaceutical except in accordance
with the provisions of this part and the conditions of rules and
regulations promulgated by the Board of Human Resources for
radioactive materials and administered by the department. The
requirements of this part are in addition to, and not in substitution of,
other applicable statutes and regulations administered by the State
Board of Pharmacy or the department.
(b) Nothing in this part shall be construed as requiring a
licensed physician to obtain a separate license as a nuclear pharma-
cist, when his use of radiopharmaceuticals is limited to the diagnosis
and treatment of his own patients.
(c) Nothing in this part shall be construed so as to require a
licensed clinical laboratory which is also licensed by the department
GEORGIA LAWS 1983 SESSION
793
to handle radioactive materials to obtain the services of a nuclear
pharmacist, or to have a nuclear pharmacy license, unless the labora-
tory is engaged in the commercial sale or resale of radio-
pharmaceuticals.
(d) Nothing in this part shall be construed to require a depart-
ment of nuclear medicine which is located in a hospital of 250 beds or
less, which has a board certified radiologist in the practice of nuclear
medicine, and which is licensed by the department to handle radioac-
tive materials to obtain the services of a nuclear pharmacist or to have
a nuclear pharmacy license.
26-4-133. (a) An applicant for a license as a nuclear pharmacist
shall:
(1) Be a currently licensed pharmacist in the State of
Georgia;
(2) Meet the minimum requirements and be licensed to
possess and use radioactive materials for medical use, as autho-
rized by the department; and
(3) Have met all requirements for training and experience
established by the board in rules and regulations promulgated
pursuant to this authority; provided, however, rules and regula-
tions prescribing training and experience requirements for nuclear
pharmacists shall have first been approved by the department.
(b) A license as a nuclear pharmacist shall be issued to any
pharmacist who makes application to the board, together with a
required fee, and meets the requirements of subsection (a) of this
Code section.
26-4-134. (a) A permit to operate a nuclear pharmacy shall
only be issued in accordance with Part 4 of this article with the added
designation that the pharmacist in charge be a nuclear pharmacist.
All personnel performing tasks in the preparation and distribution of
radiopharmaceuticals shall be under the supervision of a licensed
nuclear pharmacist. All acts of compounding and dispensing radio-
pharmaceuticals shall be performed by the nuclear pharmacist or by a
pharmacist or pharmacy intern, under the direct supervision and
control of a nuclear pharmacist. A nuclear pharmacist shall be
responsible for all operations of the nuclear pharmacy and shall be in
794
GENERAL ACTS AND RESOLUTIONS, VOL. I
personal attendance at all times when the acts of compounding and
dispensing are performed and the pharmacy is open for business.
(b) Nuclear pharmacies shall have adequate space, commensu-
rate with the scope of services provided and, as required by rules and
regulations promulgated by the board pursuant to implementation of
this law, shall meet minimal space requirements established for all
pharmacies in the state. The nuclear pharmacy area shall be separate
from the pharmacy areas for nonradiopharmaceuticals and shall be
secured from unauthorized personnel.
(c) Nuclear pharmacies shall only dispense radio-
pharmaceuticals which comply with acceptable professional stan-
dards of radiopharmaceutical quality assurance.
(d) Nuclear pharmacies shall maintain records of acquisition
and disposition of all radiopharmaceuticals in accordance with
requirements of the board and the department.
(e) Nuclear pharmacies shall comply with all applicable laws
and regulations of federal and state agencies, including those laws and
regulations governing nonradioactive drugs and pharmaceuticals.
(f) Radiopharmaceuticals are to be dispensed only upon pre-
scription order by a physician who is authorized by the department to
possess, use, and administer radioactive materials.
(g) A nuclear pharmacist may transfer to authorized persons
radioactive materials not intended for drug use, in accordance with
department regulations for radioactive materials. A nuclear phar-
macy may also furnish radioactive materials for use to physicians, for
individual patient use in accordance with subsection (f) of this Code
section.
(h) In addition to any labeling requirements required by rules
and regulations of the board for nonradiopharmaceuticals, the imme-
diate outer container of a radiopharmaceutical to be dispensed shall
also be labeled as required in rules and regulations of the board and of
the department.
(i) The amount of radioactivity dispensed in each individual
preparation shall be determined by the nuclear pharmacist through
radiometric methods immediately prior to dispensing.
GEORGIA LAWS 1983 SESSION
795
(j) Nuclear pharmacies may redistribute Federal Food and Drug
Administration approved radiopharmaceuticals if the pharmacy does
not process the radiopharmaceuticals in any manner or violate the
product packaging. Such redistribution may only be made to another
nuclear pharmacy or other authorized person or institution.
26-4-135. Nuclear pharmacies shall meet all requirements for
items and articles of equipment as required through rules and regula-
tions of the board. Nuclear pharmacies shall also have equipment
required for the safe handling and storage of radioactive materials, as
established by rules of the department.
26-4-136. The board may limit, suspend, or revoke licenses
issued under the provisions of this part, or impose any other reason-
able sanctions upon holders of such licenses upon proof of any of the
violations specified in Code Sections 26-4-78 and 26-4-112.
26-4-137. The board may refuse to grant a license to any person,
firm, or corporation for any of the grounds set forth in Code Sections
26-4-78 and 26-4-112. In addition, the board may refuse to grant a
license if any applicant shall make any false statement in the applica-
tion or cheats in any manner upon any examination administered
pursuant to this part.
26-4-138. The board is authorized to promulgate rules and regu-
lations to implement the provisions of this part.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. Nothing in this Act shall be construed to repeal the
authority of the Department of Human Resources to regulate the use
of radioactive materials.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
796
GENERAL ACTS AND RESOLUTIONS, VOL. I
PODIATRISTS GROUNDS FOR REFUSAL OR
REVOCATION OF LICENSES CHANGED.
Code Section 43-35-7 Amended.
No. 409 (Senate Bill No. 188).
AN ACT
To amend Chapter 35 of Title 43 of the Official Code of Georgia
Annotated, relating to podiatrists, so as to change the provisions
relating to the refusal and revocation of licenses; to provide for other
matters relative thereto; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 35 of Title 43 of the Official Code of Georgia
Annotated, relating to podiatrists, is amended by striking in its
entirety Code Section 43-35-7, which reads as follows:
43-35-7. (a) The board may, by a majority vote, refuse to
grant, revoke, or suspend for a specified period the license to practice
podiatry in this state, of any person or applicant upon the following
grounds:
(1) Employment of fraud or deception in the examination
of, consultation with, or treatment of patients;
(2) Employment of fraud or deception in applying for or
passing examination for license;
(3) Habitual intemperance in the use of alcoholic beverages
or narcotics;
(4) Flagrant immorality; or
(5) Failure to comply with the law in renewing licenses
biennially by paying to the board a proper biennial license renewal
registration fee.
GEORGIA LAWS 1983 SESSION
797
(b) In cases where a license is proposed to be revoked, the
charges referred by the board shall be made known to the person in
writing, stipulating the place of hearing and giving the person or his
counsel 20 days notice.
(c) There may be an appeal from the judgment of the board by
the person whose license is revoked in court, as in other cases now
provided for by laws of this state.
(d) The board shall have the power to compel the attendance of
any witnesses in behalf of the board or the person and to issue
subpoenas to compel the appearance of witnesses or material. Any
witness refusing to appear and testify without legal excuse at such
hearing of the board after having been served with a subpoena issued
by the board requiring such witness to appear and testify at such
hearing, shall be guilty of contempt; and the judge of the superior
court in whose jurisdiction the hearing is held shall punish same as
though committed before him, upon certification of said act to the
judge by the board. Should the person not appear, the board must
proceed with the hearing and, upon satisfactory proof of the charges
preferred, revoke the license, regardless of the default of the person to
appear.
(e) In cases of failure to renew a license by paying the biennial
license renewal fee, the board shall have the power to revoke this
license directly without a court hearing, provided the person has been
given proper and timely notification in writing that the renewal fee is
past due and provided the person has not appealed to the board for an
extension of time for payment of the renewal fee or has shown the
board just cause why the biennial license renewal fee was not duly
paid at the time specified under the terms of this chapter.
(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.,
and inserting in lieu thereof a new Code Section 43-35-7 to read as
follows:
43-35-7. (a) The board shall have the authority to deny a
license to an applicant or to sanction a license issued under this
chapter or any antecedent law upon a finding by the board that the
licensee or applicant has:
798
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Failed to demonstrate the qualifications or standards for
licensure contained in this chapter or in the rules or regulations of
the board. It shall be incumbent upon the applicant to demon-
strate to the satisfaction of the board that he meets all the
requirements for the issuance of a license and, if the board is not
satisfied as to the applicants qualifications, it may deny a license
without a prior hearing; provided, however, that the applicant
shall be allowed to appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or
fraudulent representations in the practice of podiatry or in any
document connected therewith, or practiced fraud or deceit or
cheated or intentionally made any false statement in taking an
examination or in obtaining a license to practice podiatry, or made
a false or deceptive registration with the board;
(3) Been convicted of a felony in the courts of this state or
any other state, territory, or country. Conviction of a felony, as
used in this Code section, shall include a conviction of an offense
which, if committed in this state, would be deemed a felony,
without regard to its designation elsewhere; and, for purposes of
this Code section, a conviction shall be deemed to include a
finding of guilt or verdict of guilty, regardless of whether an appeal
of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commis-
sion of a felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the
charge;
(B) First offender treatment was granted pursuant to
the charge, without adjudication of guilt; or
(C) An adjudication or sentence was otherwise with-
held or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the pro
visions of Article 3 of Chapter 8 of Title 42, relating to probation o:
first offenders, or other first offender treatment shall be conclusive
evidence of arrest and sentencing for such crime;
GEORGIA LAWS 1983 SESSION
799
(5) Had his license to practice podiatry revoked, suspended,
or annulled by any lawful licensing authority or had other disci-
plinary action taken against him by any lawful licensing authority
or was denied a license by any lawful licensing authority or was
refused the renewal of a license by any lawful licensing authority;
(6) Engaged in any unprofessional, immoral, unethical,
deceptive, or deleterious conduct or practice of a nature likely to
jeopardize the interest of the public, which conduct or practice
need not have resulted in actual injury to any person or be directly
related to the practice of podiatry but shows that the licensee or
applicant is intellectually or morally incompetent to practice
podiatry. Unprofessional conduct shall also include any depar-
ture from or the failure to conform to the minimal standards of
acceptable and prevailing podiatric practice or the violation of any
other standard of professional conduct as may be prescribed by
the board, including, but not limited to, the division of fees for
professional services with any person, firm, association, or corpo-
ration for bringing or referring a patient, or the submission of a
claim for payment for podiatric services not performed, or the
submission of a claim for payment for podiatric services per-
formed, which claim is inflated in relation to the practitioners
usual charge for performing essentially the same services on a
noninsured patient, or the submission of a claim for payment
which knowingly reports incorrect treatment dates or services
rendered, or the abrogation of the copayment provisions of a
contract by accepting the payment received from the third party
as full payment;
(7) Knowingly performed any act which in any way aids,
assists, procures, advises, or encourages any unlicensed person to
practice podiatric medicine;
(8) Violated or attempted to violate a statute or law or any
lawfully promulgated rule or regulation of this state, any other
state, the board, the United States, or any other lawful authority,
without regard to whether the violation is criminally punishable,
which statute, law, or rule or regulation relates to or in part
regulates the practice of podiatry, when the licensee or applicant
knew or should have known that such action was violative of such
statute, law, or rule;
800
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Violated a lawful order of the board previously entered
by the board;
(10) Been adjudged mentally incompetent by a court of
competent jurisdiction within or without 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. An applicant who has been
so adjudged to be mentally incompetent shall not receive a license
unless the board makes a finding that the applicant is mentally
competent and orders otherwise;
(11) Displayed an inability to practice podiatric medicine
with reasonable skill and safety to patients or has become unable
to practice podiatric medicine with reasonable skill and safety to
patients by reason of illness, the use of alcohol, drugs, narcotics,
chemicals, or any other substance or as a result of any mental or
physical condition. In enforcing this paragraph, the board may,
upon reasonable grounds, require a licensee or applicant to submit
to a mental or physical examination by physicians designated by
the board. The results of such examination shall be admissible in
any hearing before the board, notwithstanding any claim of privi-
lege under a contrary rule of law or statute. Every person who
shall accept the privilege of practicing podiatric medicine in this
state or who shall file an application for a license to practice
podiatric medicine in this state shall be deemed to have given his
consent to submit to such mental or physical examination and to
have waived all objections to the admissibility of the results in any
hearing before the board upon the grounds that the same consti-
tutes a privileged communication. If a licensee or applicant fails
to submit to such an examination when properly directed to do so
by the board, unless such failure was due to circumstances beyond
his control, the board may enter a final order upon proper notice,
hearing, and proof of such refusal. Any licensee or applicant who is
prohibited from practicing podiatry under this subsection shall at
reasonable intervals be afforded an opportunity to demonstrate to
the board that he can resume or begin the practice of podiatry
with reasonable skill and safety to patients;
(12) In light of the condition of the patient at the time of
prescription, knowingly prescribed controlled drug substances or
GEORGIA LAWS 1983 SESSION
801
any other medication without a legitimate medical purpose or
knowingly overprescribed controlled drug substances or other
medication;
(13) Practiced under a false name; impersonated another
person, except as may be permitted by the laws of this state and
rules and regulations of the board concerning professional corpo-
rations; or made misleading or deceptive claims or representations
in any advertising. The board may regulate by rule the use of any
trade names or corporate names in connection with the practice of
podiatry; or
(14) Violated any other rule prescribed by the board for
which a license could be denied or sanctioned.
(b) If the board finds that the public health, safety, or welfare
imperatively requires emergency action and incorporates a finding to
that effect in an order, summary suspension of a license may be
ordered pending proceedings for revocation or other action, which
proceedings shall be promptly instituted and determined.
(c) For the purposes of this Code section, the board may obtain
and is authorized to subpoena, upon reasonable grounds, any and all
records relating to the mental or physical condition of a licensee or
applicant; and such records shall be admissible in any hearing before
the board, notwithstanding any privilege under a contrary rule of law
or statute.
(d) Upon a finding by the board that a license should be denied
or sanctioned pursuant to subsection (a) of this Code section, the
board may take any one or more of the following actions:
(1) Deny a license to an applicant or refuse to renew a
license;
(2) Administer a public reprimand;
(3) Suspend any license for a definite period or for an
indefinite period in connection with any condition which may be
attached to the restoration of said license;
(4) Limit or restrict any license as the board deems neces-
sary for the protection of the public;
802
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Revoke any license;
(6) Condition the penalty or withhold formal disposition
upon the applicants or licensees submission to such care, coun-
seling, or treatment as the board may direct; or
(7) In addition to and in conjunction with the foregoing
actions, may make a finding adverse to the licensee or applicant
but withhold imposition of judgment and penalty or may impose
the judgment and penalty but suspend the enforcement thereof
and place a licensee on probation, which probation may be vacated
upon noncompliance with such reasonable terms as the board may
impose.
(e) Initial judicial review of a final decision of the board shall be
had solely in the Superior Court of Fulton County.
(f) In its discretion, the board may reinstate a license which has
been revoked or issue a license which has been denied or refused,
following such procedures as the board may adopt by rule; and, as a
condition thereof, the board may impose any disciplinary or correc-
tive measure authorized by this chapter.
(g) (1) The joint-secretary of the state examining boards is
vested with the power and authority to make or cause to be made
through employees or agents of the board such investigations as he
or the board may deem necessary or proper for the enforcement of
the provisions of this chapter. Any person properly conducting an
investigation on behalf of the board shall have access to and may
examine any writing, document, or other material relating to the
fitness of any licensee or applicant. The joint-secretary or his
appointed representative may issue subpoenas to compel such
access upon a determination that reasonable grounds exist for the
belief that a violation of this chapter or any other law relating to
podiatry may have taken place.
(2) The results of all investigations initiated by the board
shall be reported solely to the board, and the records of such
investigations shall be kept for the board by the joint-secretary
with the board retaining the right to have access at any time to
such records.
GEORGIA LAWS 1983 SESSION
803
(3) All records relating to any patient of the licensee who is
the subject of a board inquiry shall be admissible at any hearing
held to determine whether a violation of this chapter has taken
place, regardless of any statutory privilege; provided, however,
that any documentary evidence relating to a patient shall be
reviewed in camera and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons
during its deliberations on disciplinary proceedings and to discuss
any disciplinary matter in private with a licensee or applicant.
(h) A person, partnership, firm, corporation, association,
authority, or other entity shall be immune from civil or criminal
liability for reporting or investigating the acts or omissions of a
licensee or applicant or for initiating or conducting proceedings
against such licensee or applicant pursuant to the provisions of this
chapter or any other provision of law relating to the licensees or
applicants fitness to practice podiatry, if such action is taken in good
faith, without fraud or malice. Any person who testifies in good faith
or who makes a recommendation to the board in the nature of peer
review, in good faith, without fraud or malice, before the board in any
proceeding concerning a violation of this chapter or any other law
relating to the licensees or applicants fitness to practice podiatry
shall be immune from civil and criminal liability for so testifying,
participating, or recommending.
(i) Neither a denial of a license on grounds other than those
enumerated in subsection (a) of this Code section nor the issuance of a
private reprimand nor the denial of a license by reciprocity nor the
denial of a request for reinstatement of a revoked license nor the
refusal to issue a previously denied license shall be considered a
contested case within the meaning of the Georgia Administrative
Procedure Act. Notice and hearing within the meaning of said Act
shall not be required, but the applicant or licensee shall be allowed to
appear before the board if he so requests.
(j) If any licensee fails to appear at any hearing after reasonable
notice, the board may proceed to hear the evidence against such
licensee and take action as if such licensee had been present. A notice
of hearing, initial or recommended decision, or final decision of the
board in a disciplinary proceeding shall be served upon the licensee or
applicant by certified mail, return receipt requested, to the last
known address of record with the board. If such material is returned
804
GENERAL ACTS AND RESOLUTIONS, VOL. I
marked unclaimed or refused or is otherwise undeliverable and if
the licensee or applicant cannot, after diligent effort, be located, the
joint-secretary shall be deemed to be the agent for such service for
such licensee or applicant for the purposes of this Code section; and
service upon the joint-secretary shall be deemed to be service upon
the licensee or applicant.
(k) The voluntary surrender of a license shall have the same
effect as a revocation of said license, subject to reinstatement in the
discretion of the board.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
PROJECTIONS OF AVERAGE DAILY ATTENDANCE
TO INCLUDE NONRESIDENT STUDENTS, ETC.
Code Section 20-2-250 Amended.
No. 410 (House Bill No. 532).
AN ACT
To amend Code Section 20-2-250 of the Official Code of Georgia
Annotated, relating to capital outlay funds for educational facilities,
so as to provide that projections of average daily attendance shall
include nonresident pupils whether or not such nonresident pupils
attend school pursuant to a contract between local units of adminis-
tration; to remove the total local funding authorized for capital outlay
projects; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1983 SESSION
805
Section 1. Code Section 20-2-250 of the Official Code of Georgia
Annotated, relating to capital outlay funds for educational facilities,
is amended by striking therefrom paragraph (5) of subsection (c) in
its entirety and substituting in lieu thereof a new paragraph (5) to
read as follows:
(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 devel-
oping educational facilities plans. The state-wide needs assessment
shall be developed from, among other sources, vital statistics pub-
lished by the Department of Human Resources, census data pub-
lished 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 con-
struction 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,
but such projections shall not be confined to resident pupils in
average daily attendance but shall be based on average daily atten-
dance which includes nonresident pupils, whether or not such nonres-
ident pupils attend school pursuant to a contract between local units
of administration. The nonresident projection shall be the most
recent five-year ADA average. The survey team will use such projec-
tions in determining the improvements needed for the five-year
planning period. The state board shall also develop schedules for
allowable square footage and cost per square foot. The cost estimate
for each recommended improvement included in the plan shall be
based on these schedules. Any increase in cost or square footage for a
project beyond that allowed by state board schedules for such pro-
jects shall be the responsibility of the local unit and shall not count
toward present or future required local participation;.
Section 2. Said Code section is further amended by striking
therefrom paragraph (4) of subsection (h) in its entirety and inserting
in lieu thereof a new paragraph (4) of subsection (h) to read as follows:
(4) In order to determine the amount of state funds to be
requested for a given fiscal year, total new and accrued entitlements
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 incre-
806
GENERAL ACTS AND RESOLUTIONS, VOL. I
mental entitlement levels required in paragraph (1) of this Code
section. 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. Local funds contrib-
uted 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.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
ALCOHOLIC BEVERAGE LAW AMENDED PROVISIONS
RELATING TO SPECIAL ELECTIONS CHANGED
REFERENDUMS.
Code Title 3, Chapters 3 and 4 Amended.
No. 411 (House Bill No. 625).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, so as to change the provisions relating
to the special elections held for the purpose of determining whether
the manufacture, sale, and distribution of distilled spirits shall be
authorized; to establish certain procedures and requirements for the
filing of the petition and holding the election; to provide that the
election on this question may be held as a special election or may be
held at the time of holding any special or general primary or special or
general election; to provide procedures for the legalization and regula-
tion of the sale of distilled spirits by the drink, such sales for
consumption only on the premises, in counties in which package sales
GEORGIA LAWS 1983 SESSION
807
are not lawful; to provide procedures for holding a referendum
election; to change certain procedures for holding a referendum
election in counties in which package sales are lawful; to provide for
other matters relative to the foregoing; to provide that the governing
authority of certain counties and the governing authority of all
municipalities located in such counties may authorize the sale of
alcoholic beverages for consumption on the premises on Sunday; to
provide referendums to approve or reject such authorizations; 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 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, is amended by striking in its entirety
Code Section 3-4-41, which reads as follows:
3-4-41. (a) When a petition signed by at least 35 percent of
the registered voters of a county or municipality is filed with the
election superintendent of the county or municipality, the election
superintendent shall call a special election to be held within 30 days
from the filing of the petition. For purposes of this subsection, the
number of registered voters of a political subdivision shall be the
number of voters qualified to vote at the general election immediately
preceding the presentation of the petition.
(b) Notice of the call of the election shall be published by the
election superintendent in the 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 preceding the election.
(c) At such special election, the question of whether the manu-
facture, sale, and distribution of distilled spirits in the political
subdivision shall be permitted or prohibited shall be submitted to the
qualified voters of the political subdivision.
(d) No election provided for in this Code section shall be held
within two years after the date of the declaration of the result of the
previous election held for such purpose under this article.,
and inserting in lieu thereof a new Code Section 3-4-41 to read as
follows:
808
GENERAL ACTS AND RESOLUTIONS, VOL. I
3-4-41. (a) Upon a written petition containing the signatures
of at least 35 percent of the registered and qualified voters of any
municipality or county being filed with the election superintendent of
the county or municipality, such superintendent, upon validation of
the petition, shall be required to call and hold a referendum election
for the purpose of submitting to the qualified voters of the municipal-
ity or county, as the case may be, the question of whether the
manufacture, sale, and distribution of distilled spirits in the political
subdivision shall be permitted or prohibited. Such petition shall not
be amended, supplemented, or returned after its presentation to the
appropriate authority. Validation shall, for the purposes of this Code
section, be the procedure in which the election superintendent deter-
mines whether each signature on the petition is the name of a
registered and qualified voter.
(b) For purposes of this Code section, the required number of
signatures of registered voters of a political subdivision shall be
computed based on the number of voters qualified to vote at the
general election immediately preceding the presentation of the peti-
tion. Actual signers of the petition shall be registered and qualified to
vote in the referendum election sought by the petition. Upon
determining that 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 60 days after
the call. The referendum may be held as a special referendum
election or may be held at the time of holding any other primary or
election in such county or municipality if such other primary or
election is to be held not more than 60 days after the call.
(c) Notice of the call for the referendum shall be published by
the election superintendent in the official 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 immedi-
ately preceding the date of the election.
(d) 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 subsection (a) of this Code section, is filed
with the appropriate election superintendent.
GEORGIA LAWS 1983 SESSION
809
Section 2. Said title is further amended by striking in their
entirety Code Section 3-4-43, Code Section 3-4-44, and Code Section
3-4-45, which read as follows:
3-4-43. County elections shall be held according to the rules
and regulations governing elections for members of the General
Assembly but shall not be held at the time of holding any other
primary or general election in the county. Municipal elections shall be
held according to Chapter 3 of Title 21, the Municipal Election
Code, but shall not be held at the time of holding any other primary
or general election in the municipality.
3-4-44. Within three days after the election held under this
article, the returns of the election shall be made to the election
superintendent who shall ascertain and immediately declare the
result after the receipt of the returns.
3-4-45. If a majority of the votes cast are in favor of the issuance
of the licenses, the manufacture, possession, distribution, and sale by
the package of distilled spirits in the political subdivision shall be
permitted in accordance with this chapter at the expiration of 15 days
from the declaration of the result.,
and inserting in lieu thereof a new Code Section 3-4-43, a new Code
Section 3-4-44, and a new Code Section 3-4-45 to read as follows:
3-4-43. County elections shall be held according to Chapter 2 of
Title 21, the Georgia Election Code, and may be held as a special
election or at the time of holding any other special or general primary
or special or general election in the county. Municipal elections shall
be held according to Chapter 3 of Title 21, the Municipal Election
Code, and may be held as a special election or at the time of holding
any other special or general primary or special or general election in
the municipality.
3-4-44. It shall be the duty of the election superintendent of the
county or the municipality, as the case may be, 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.
3-4-45. If a majority of the votes cast are in favor of the issuance of
the licenses, the manufacture, possession, distribution, and sale by
810
GENERAL ACTS AND RESOLUTIONS, VOL. I
the package of distilled spirits in the political subdivision shall be
permitted in accordance with this chapter at the expiration of 15 days
from the declaration of the results by the election superintendent.
Section 3. Said title is further amended by striking Code Section
3-4-91 in its entirety and inserting in lieu thereof a new Code Section
3-4-91 to read as follows:
3-4-91. (a) In every county and municipality in which pack-
age sales of distilled spirits are lawful, sales of distilled spirits as
provided in this article may be authorized after approval as provided
in this Code section.
(b) (1) (A) In the event the governing authority of any muni-
cipality 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, through the election
superintendent, shall conduct a 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 consump-
tion only on the premises. The superintendent shall set the
date of the referendum election for not less than 30 nor more
than 60 days after the call. The referendum may be held as a
special referendum or may be held at the time of holding any
other primary or election in such county or municipality, if
such other primary or election is to be held not more than 60
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-
GEORGIA LAWS 1983 SESSION
811
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
licenses to sell distilled spirits for
beverage 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. If held as a special election, 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 Chapter 2 of Title 21, the Georgia Election Code, for
county elections, or in Chapter 3 of Title 21, 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 the governing authority, as provided in subpara-
graph (A) of this paragraph, forwards a resolution to the
election superintendent calling for such a referendum.
(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
812
GENERAL ACTS AND RESOLUTIONS, VOL. I
in paragraph (1) of this subsection, then, upon a written
petition containing the signatures of 15 percent of the regis-
tered 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, upon validation of the petition, shall be
required to call and hold a 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. A petition shall not be amended, supplemented, or
returned after presentation to the appropriate authority.
Validation shall, for the purposes of this Code section, be the
procedure in which the election superintendent determines
whether each signature on the petition is the name of a
registered and qualified voter. For purposes of this Code
section the required number of signatures of registered voters
of a political subdivision shall be computed based on the
number of voters qualified to vote at the general election
immediately preceding the presentation of the petition.
Actual signers of the petition shall be registered and qualified
to vote in the referendum election sought by the petition.
Upon determining that 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 60 days after the call. The referendum may be held
as a special referendum election or may be held at the time of
holding any other primary or election in such county or
municipality, if such other primary or election is to be held
not more than 60 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:
GEORGIA LAWS 1983 SESSION
813
( ) YES
( ) NO
Shall the governing authority of
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?
(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. If conducted as a special election, 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 Chapter 2 of Title 21, the Georgia Election Code,
for county elections, or in Chapter 3 of Title 21, 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 election super-
intendent.
(c) In any municipality or county which has at any time held an
election in accordance with subsection (b) of this Code section
resulting in the majority of the votes being cast in favor of sales of
distilled spirits by the drink, the election superintendent of the
municipality or county, upon a petition signed by at least 15 percent
of the registered, qualified voters of the municipality or county, shall
proceed to call another election for the purpose of nullifying the
previous election in the same manner as prescribed in subsection (b)
of this Code section. No election shall be called or held within two
814
GENERAL ACTS AND RESOLUTIONS, VOL. I
years after the date of the declaration by the election superintendent
of the results of the previous election held for the purposes of this
Code section.
Section 4. Said title is further amended by striking in its entirety
Code Section 3-4-92, which reads as follows:
3-4-92. (a) In every county and municipality in which pack-
age sales of distilled spirits are not lawful, sales of distilled spirits as
provided in this article may be authorized after approval as provided
in this Code section.
(b) (1) Upon a written petition containing the signatures of 35
percent of the registered and qualified voters of a municipality or
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.
(2) In the event a majority of the persons voting in the
election vote in favor of the sales, then the governing authority of
the municipality or county shall issue the licenses and exercise the
powers provided in this article. Otherwise, the governing authority
shall have no authority to do so.
(3) Following the expiration of two years after any election
is held which results in disapproval of sales as provided in this
article, another election on this question shall be held if another
petition, as provided in paragraph (1) of this subsection, is filed
with the appropriate governing authority.
(c) In any municipality or county which has at any time held an
election in accordance with subsection (b) of this Code section
resulting in the majority of the votes being cast in favor of sales of
distilled spirits by the drink, the governing authority of the munici-
pality or county, upon a petition signed by at least 35 percent of the
registered, qualified voters of the municipality or county, shall pro-
ceed to call another election for the purpose of nullifying the previous
election in the same manner as prescribed in subsection (b) of this
GEORGIA LAWS 1983 SESSION
815
Code section. No election shall be called or held within two years after
the date of the declaration by the governing authority of the results of
the previous election held for the purposes of this Code section.,
and inserting in lieu thereof a new Code Section 3-4-92 to read as
follows:
3-4-92. (a) In every county and municipality in which pack-
age sales of distilled spirits are not lawful, sales of distilled spirits as
provided in this article may be authorized after approval as provided
in this Code section.
(b) (1) Upon a written petition containing the signatures of 35
percent of the registered and qualified voters of any municipality
or county described in subsection (a) of this Code section being
filed with the appropriate election superintendent, such election
superintendent, upon validation of the petition, shall be required
to call and hold a referendum election for the purpose of submit-
ting to the qualified voters of the municipality 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. A petition shall not be
amended, supplemented, or returned after presentation to the
appropriate authority. Validation shall, for the purposes of this
Code section, be the procedure in which the election superinten-
dent determines whether each signature on the petition is the
name of a registered and qualified voter. For the purposes of this
Code section, the required number of signatures of registered
voters of a political subdivision shall be computed based on the
number of voters qualified to vote at the general election immedi-
ately preceding the presentation of the petition. Actual signers of
the petition shall be registered and qualified to vote in the
referendum election sought by the petition. Upon determining
that 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 60 days after the call.
The referendum may be held as a special referendum election or
may be held at the time of holding any other primary or election in
such county or municipality, if such other primary or election is to
be held not more than 60 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
816
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
licenses to sell distilled spirits for
beverage purposes by the drink, such
sales to be for consumption only on
the premises?
(2) 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 a 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. If conducted as a
special election, 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 Chapter 2 of Title 21, the
Georgia Election Code, for county elections or in Chapter 3 of
Title 21, the Georgia Municipal Election Code, for municipal
elections. It shall further be his 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.
(3) 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 paragraph (1) of this subsection, is filed
with the appropriate election superintendent.
(c) In any municipality or county which has at any time held an
election in accordance with subsection (b) of this Code section
GEORGIA LAWS 1983 SESSION
817
resulting in a majority of the votes being cast in favor of sales of
distilled spirits by the drink, the election superintendent of the
municipality or county, upon a petition signed by at least 35 percent
of the registered qualified voters of the municipality or county, shall
proceed to call another election for the purpose of nullifying the
previous election in the same manner as prescribed by subsection (b)
of this Code section. No election shall be called or held within two
years after the date of the declaration by the election superintendent
of the results of the previous election held for the purposes of this
Code section.
Section 5. Said title is further amended by adding at the end of
Code Section 3-3-7, relating to local authorization and regulation of
sales of alcoholic beverages on Sunday, a new subsection (k) to read as
follows:
(k) (1) In all counties having a population of not less than
54,600 and not more than 56,000 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 authority of the county or municipality, as
appropriate, may authorize the sale of alcoholic beverages for
consumption on the premises if Sunday sales are approved in a
referendum as provided in this subsection.
(2) Eating establishments located in the unincorporated
area of the county, in the case of the county, or eating establish-
ments located in the corporate limits of the municipality, in the
case of a municipality, shall be authorized to sell alcoholic bever-
ages for consumption on the premises on Sundays between the
hours of 12:30 P.M. and 12:00 Midnight. As used in this para-
graph, 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.
(3) Any governing authority desiring to permit and regulate
Sunday sales shall so provide by proper resolution or ordinance.
(4) Not less than ten nor more than 20 days after the date of
approval of such resolution or ordinance, it shall be the duty of the
election superintendent of the county to issue the call for an
818
GENERAL ACTS AND RESOLUTIONS, VOL. I
election for the purpose of submitting the question of Sunday
sales to the electors of the county for approval or rejection. The
superintendent shall set the date of the election for a day not less
than 30 nor more than 45 days after the date of the issuance of the
call. The superintendent shall cause the date and purpose of the
election to be published in the official organ of the county once a
week for two weeks immediately preceding the date thereof. The
ballot shall have written or printed thereon the words:
( ) YES Shall the governing authority of
( ) NO (name of county) be authorized to
permit and regulate Sunday sales of
distilled spirits or alcoholic bever-
ages for beverage purposes by the
drink?
(5) All persons desiring to vote for approval of Sunday sales
shall vote Yes, and those persons desiring to vote for rejection of
Sunday sales shall vote No. If more than one-half of the votes
cast on the question are for approval of Sunday sales, the govern-
ing authority in such counties and the governing authority of all
municipalities within such counties may by appropriate resolution
or ordinance permit and regulate Sunday sales by licensees.
(6) The expense of the election shall be borne by the county
in which the election is held. It shall be the duty of the superinten-
dent to hold and conduct the election. It shall be his further duty
to certify the result thereof to the Secretary of State.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
819
DRIVERS LICENSES AUTHORITY OF DEPARTMENT
OF PUBLIC SAFETY TO ISSUE DUPLICATE LICENSES
AND PERMITS ELIMINATED, ETC.
Code Title 40, Chapter 5 Amended.
No. 412 (Senate Bill No. 8).
AN ACT
To amend Article 2 of Chapter 5 of Title 40 of the Official Code of
Georgia Annotated, relating to the issuance, expiration, and renewal
of licenses, so as to eliminate the authority of the Department of
Public Safety to issue duplicate licenses and permits; to authorize
individuals who lose or destroy a permit or license to obtain a new
license or permit; to authorize a person who has a distinctive drivers
license and who turns 19 years of age to obtain a new license; to
provide procedures for obtaining a new permit or drivers license; 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 40 of the Official Code
of Georgia Annotated, relating to the issuance, expiration, and
renewal of licenses, is amended by striking paragraph (1) of subsec-
tion (a) of Code Section 40-5-25, relating to drivers license applica-
tions, which reads as follows:
(1) For all instruction permits and duplicate license
.............................................$ 1.50,
and substituting in lieu thereof a new paragraph (1) to read as follows:
(1) For all instruction permits.................$ 1.50.
Section 2. Said article is further amended by striking subsection
(b) of Code Section 40-5-26, relating to minors drivers licenses, in its
entirety and substituting in lieu thereof a new subsection (b) of Code
Section 40-5-26 to read as follows:
820
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The department shall, by rule and regulation, provide that
all licenses issued to applicants under 19 years of age shall be so
designed as to be readily distinguishable from all other licenses issued
to other applicants. After having attained 19 years of age, the holder
of any such distinctive license may obtain a new license which shall
not be distinctive. Such new license shall be obtained in the same
manner and under the same conditions and limitations as are pro-
vided in Code Section 40-5-32, relating to renewals of licenses.
Section 3. Said article is further amended by striking in its
entirety Code Section 40-5-31, relating to duplicate drivers license,
which reads as follows:
40-5-31. (a) In the event that an instruction permit or a
drivers license issued under this chapter is lost or destroyed, the
person to whom the same was issued may upon payment of the
required fee obtain a duplicate, or a substitute therefor, upon furnish-
ing proof satisfactory to the department that such permit or license
has been lost or destroyed.
(b) The department and the officers in charge of state patrol
stations shall issue a temporary drivers license to each individual
who has lost by misplacement, and not by revocation or suspension,
his instruction permit or drivers license and who has made applica-
tion under oath on a form furnished by the department which states
that the applicant presently has a valid license which has been lost or
misplaced.
(c) A temporary license issued pursuant to this Code section
shall be valid for 15 days but may be renewed in the event the
applicants duplicate license has not been received within such time.
(d) Any person who falsely swears or falsely makes the oath
provided for in subsection (b) of this Code section shall be guilty of a
misdemeanor.,
and substituting in lieu thereof a new Code Section 40-5-31 to read as
follows:
40-5-31. (a) In the event that an instruction permit or a
drivers license issued under this chapter is lost or destroyed, the
person to whom the same was issued may upon payment of the
required fee obtain a new permit or license upon furnishing proof
GEORGIA LAWS 1983 SESSION
821
satisfactory to the department that such permit or license has been
lost or destroyed. A new permit obtained under this Code section
shall be obtained in the same manner and under the same conditions
and limitations as provided in Code Section 40-5-24. A new license
obtained under this Code section shall be obtained in the same
manner and under the same conditions and limitations as provided in
Code Section 40-5-32, relating to renewals of licenses.
(b) The department and the officers in charge of state patrol
stations shall issue a temporary permit or drivers license to each
individual who has lost by misplacement, and not by revocation or
suspension, his instruction permit or drivers license and who has
made application under oath on a form furnished by the department
which states that the applicant presently has a valid permit or license
which has been lost or misplaced.
(c) A temporary permit or license issued pursuant to this Code
section shall be valid for 15 days but may be renewed in the event the
applicants new permit or license has not been received within such
time.
(d) Any person who falsely swears or falsely makes the oath
provided for in subsection (b) of this Code section shall be guilty of a
misdemeanor.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
822
GENERAL ACTS AND RESOLUTIONS, VOL. I
TAX SALES AMOUNTS TO BE PAID UPON
REDEMPTION.
Code Section 48-4-42 Amended.
No. 413 (House Bill No. 282).
AN ACT
To amend Chapter 4 of Title 48 of the Official Code of Georgia
Annotated, relating to tax sales, so as to change the amount payable
for redemption; to change other provisions relating to amount pay-
able for redemption; 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 48 of the Official Code of Georgia
Annotated, relating to tax sales, is amended by striking in its entirety
Code Section 48-4-42, relating to amount payable for redemption,
and inserting in lieu thereof a new Code Section 48-4-42 to read as
follows:
48-4-42. (a) Except as otherwise provided in subsection (b) of
this Code section, the amount required to be paid for redemption of
property from any sale for taxes as provided in this chapter, or the
redemption price, shall be the amount paid for the property at the tax
sale, as shown by the recitals in the tax deed, plus a premium of 10
percent of the amount for each year or fraction of a year which has
elapsed between the date of the sale and the date on which the
redemption payment is made. If redemption is not made until after
the required notice has been given, there shall be added to the
redemption price the sheriffs cost in connection with serving the
notice, the cost of publication of the notice, if any, and the further
sum of 10 percent of the amount paid for the property at the sale to
cover the cost of making the necessary examinations to determine the
persons upon whom notice should be served. All of the amounts
required to be paid by this Code section shall be paid in lawful money
of the United States to the purchaser at the tax sale or to his
successors.
GEORGIA LAWS 1983 SESSION
823
(b) In cases where a county, municipality, or other political
subdivision purchases property at a tax sale, the amount required to
be paid for redemption of property from any such sale for taxes as
provided in this chapter, or the redemption price, shall be the amount
paid for the property at the tax sale, as shown by the recitals in the tax
deed, plus a premium of 20 percent of the amount for each year or
fraction of a year which has elapsed between the date of the sale and
the date on which the redemption payment is made. If redemption is
not made until after the required notice has been given, there shall be
added to the redemption price the sheriffs cost in connection with
serving the notice, the cost of publication of the notice, if any, and the
further sum of 20 percent of the amount paid for the property at the
sale to cover the cost of making the necessary examinations to
determine the persons upon whom notice should be served. All of the
amounts required to be paid by this Code section shall be paid in
lawful money of the United States to the purchaser at the tax sale or
to his successors.
Section 2. This Act shall become effective January 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
PROGRAM OF GRANTS OF STATE FUNDS TO
LOCAL SCHOOL SYSTEMS AUTHORIZED.
Code Title 20, Chapter 2 Amended.
No. 414 (House Bill No. 441).
AN ACT
To amend Article 7 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to state aid to local systems, so as to
824
GENERAL ACTS AND RESOLUTIONS, VOL. I
authorize a program of grants of state funds to local systems to
alleviate financial burdens which may be imposed by alteration of the
method of taxation of financial institutions; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 7 of Chapter 2 of Title 20 of the Official Code
of Georgia Annotated, relating to state aid to local systems, is
amended by adding a new Part 3 to read as follows:
Part 3
20-2-360. The General Assembly recognizes that there exist
serious areas of concern with respect to the method of taxation of
financial institutions by the State of Georgia and that legislation to
address these areas of concern may be enacted at the 1983 session or a
future session of the General Assembly. The General Assembly
further recognizes that if such legislation is enacted it may deprive
local school systems of a revenue source and may provide an addi-
tional source of state revenue. The General Assembly therefore
declares that the purpose of this part is to authorize a program of
grants of state funds to local school systems, for which program state
funds may be appropriated to alleviate financial burdens which may
be imposed upon local school systems by any legislation affecting
taxation of financial institutions.
20-2-361. (a) There may be allotted annually to each local
school system in the state for educational purposes, in addition to
funds provided pursuant to other laws, certain grants as provided in
this part.
(b) In any year in which the General Assembly shall appropriate
funds for grants to local school systems by line-item appropriation
and with reference to this part, such grants shall be allotted to each
school system pro rata according to the difference between the
amount of revenue which will be derived during that year by the
school system from the taxation of financial institutions under the
law in effect for that year and the amount of revenue which would
have been derived during that year by the school system if the method
of taxation of financial institutions in effect on January 1,1983, were
still in effect.
GEORGIA LAWS 1983 SESSION
825
(c) No funds shall be appropriated for purposes of this part
unless legislation is enacted which changes the method of taxation of
financial institutions in effect on January 1,1983.
20-2-362. In any year in which funds are appropriated for pur-
poses of this part, the State Board of Education shall determine what
percentage of the total appropriation shall be allotted to each local
school system under subsection (b) of Code Section 20-2-361. The
state revenue commissioner shall provide to the State Board of
Education any technical assistance necessary for purposes of deter-
mining such allotments.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
COURTS OF MUNICIPALITIES AUTHORIZED TO
TRY AND DISPOSE OF CERTAIN CRIMINAL CASES.
Code Section 36-32-6 Enacted.
No. 415 (House Bill No. 116).
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Georgia
Annotated, relating to courts of municipalities, so as to authorize such
courts to try and dispose of criminal cases of possession of one ounce
or less of marijuana under certain circumstances; 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:
826
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia
Annotated, relating to courts of municipalities, is amended by adding
a new Code Section 36-32-6 to read as follows:
36-32-6. (a) The recorders, mayors, or police courts of any
municipality are granted jurisdiction to try and dispose of cases where
a person is charged with the possession of one ounce or less of
marijuana if the offense occurred within the corporate limits of such
municipality. The jurisdiction of such courts shall be concurrent with
the jurisdiction of any other courts within the county having jurisdic-
tion to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of
such cases shall be retained by the municipality and shall be paid into
the treasury of such municipality.
(c) Any defendant charged with possession of an ounce or less of
marijuana in a recorders, mayors, or police court shall be entitled on
request to have the case against him transferred to the court having
general misdemeanor jurisdiction in the county wherein the alleged
offense occurred.
(d) Nothing in this Code section shall be construed to give any
municipality the right to impose a fine or punish by imprisonment in
excess of the limits as set forth in the municipalitys charter.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
827
RUN-OFF ELECTIONS CONTINUATION OF
ELECTION, ETC.
Code Section 21-2-501 Amended.
No. 416 (House Bill No. 35).
AN ACT
To amend Code Section 21-2-501 of the Official Code of Georgia
Annotated, relating to certain prerequisites and procedures regarding
the holding of a primary or election, so as to provide that a run-off
primary or run-off election shall be a continuation of the primary or
election and only persons who were entitled to vote in the primary or
election shall be entitled to vote therein, and only those votes cast for
the persons designated as candidates in such run-off primary or run-
off election shall be counted in the tabulation and canvass of the votes
cast as required by Article II, Section II, Paragraph II of the Constitu-
tion of the State of Georgia; to provide for legislative intent; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article II, Section II, Paragraph II of the
Constitution of the State of Georgia.
Section 2. Code Section 21-2-501 of the Official Code of
Georgia Annotated, relating to certain prerequisites and procedures
regarding the holding of a primary or election, is amended by striking
subsection (a) and inserting in its place a new subsection (a) to read as
follows:
(a) Except as otherwise provided in this Code section, no
candidate shall be nominated for public office in any primary or
elected to public office in any election unless such candidate shall
have received a majority of the votes cast to fill such nomination or
public office. To be elected to the office of presidential electors, no
slate of candidates of any political party or body shall be required to
receive a majority of the votes cast; but that slate of candidates of a
828
GENERAL ACTS AND RESOLUTIONS, VOL. I
political party or body shall be elected to such office which receives
the highest number of votes cast. In instances where no candidate
receives a majority of the votes cast, a run-off primary or election
between the candidates receiving the two highest numbers of votes
shall be held. Unless such date is postponed by a court order, such
run-off primary or election shall be held on the twenty-first day after
the day of holding the preceding primary or election, provided that
unless postponed by court order, a runoff in the case of a special
primary or election shall be held no sooner than the fourteenth day
and no later than the twenty-first day after the day of holding the
preceding special primary or election, which run-off day shall be
determined by the Secretary of State in a runoff to fill a federal or
state office, or by the superintendent in a runoff to fill a county or
militia district office. If any candidate eligible to be in a runoff
withdraws, dies, or is found to be ineligible, the remaining candidates
receiving the two highest numbers of votes shall be the candidates in
the runoff. The candidate receiving the highest number of the votes
cast in such run-off primary or election to fill the nomination or
public office he seeks shall be declared the winner. The name of a
write-in candidate eligible for election in a runoff shall be printed on
the run-off election ballot in the independent column. No person
shall be eligible as a write-in candidate in a special or general primary,
a special or general primary runoff, or in a special or general election
runoff. No person shall be eligible as a write-in candidate in a general
or special election if such person was a candidate for nomination or
election to the same office in the immediately preceding primary. The
run-off primary or run-off election shall be a continuation of the
primary or election for the particular office concerned, and only the
electors who were entitled to vote in the primary or election for
candidates for that particular office shall be entitled to vote therein;
and only those votes cast for the persons designated as candidates in
such run-off primary or run-off election shall be counted in the
tabulation and canvass of the votes cast. No elector shall vote in a
run-off primary in violation of Code Section 21-2-235.
Section 3. This Act shall become effective July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
829
DISPOSITION OF DELINQUENT OR UNRULY
JUVENILES.
Code Section 15-11-16 Amended.
No. 417 (House Bill No. 58).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile court proceedings, so as to provide
that under certain circumstances disposition of an unruly or delin-
quent juvenile may be made by a court other than the court of the
county where the juvenile resides; to provide for all related matters; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile court proceedings, is amended by
replacing Code Section 15-11-16, which reads as follows:
15-11-16. (a) If the child resides in a county of this state and
the proceeding is commenced in a court of another county, the court
shall, after adjudication of delinquency or unruliness, transfer the
proceeding to the county of the childs residence for disposition. Like
transfer may be made if the residence of the child changes pending
the proceeding.
(b) Certified copies of all legal and social documents and records
pertaining to the case on file with the clerk of the court shall
accompany the transfer.,
with a new Code Section 15-11-16 to read as follows:
15-11-16. (a) As used in this subsection, the term:
(1) Adjudicating court means the juvenile court which
makes a finding that a child has committed an unruly or delin-
quent act.
830
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Nonresident child means a child who is a resident of a
county of this state other than the county in which the adjudicat-
ing court sits.
(3) Resident child means a child who is a resident of the
county in which the adjudicating court sits.
(b) Except as provided in subsection (c) of this Code section, if
the adjudicating court finds that a nonresident child has committed
an unruly or delinquent act, the adjudicating court shall after adjudi-
cation of delinquency or unruliness transfer the proceeding to the
county of the childs residence for disposition. Like transfer may be
made if the residence of the child changes pending the proceeding.
(c) If the adjudicating court finds that a nonresident child has
committed an unruly or delinquent act and that the court has
jurisdiction over one or more resident children who also participated
in the same delinquent or unruly act, then the adjudicating court may
retain jurisdiction over the disposition of the nonresident child or
may transfer the proceedings as provided in subsection (a) of this
Code section. Prior to making any order for disposition of the
nonresident child the adjudicating court shall, if it retains jurisdic-
tion, communicate to the court of the county of the childs residence
the fact of the adjudication of delinquency or unruliness. This com-
munication shall state the date upon which the adjudicating court
plans to enter an order for disposition of the nonresident child and
shall request any information or recommendations relevant to the
disposition of the nonresident child. Any such recommendations
shall be considered by but shall not be binding upon the adjudicating
court in making its order for disposition.
(d) When any case is transferred pursuant to subsection (a) of
this Code section certified copies of all legal and social documents and
records pertaining to the case on file with the clerk of the court shall
accompany the transfer.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
831
GRAIN DEALERS FINANCIAL STATEMENTS TO
BE SUBMITTED WITH LICENSE APPLICATIONS
EXCEPTIONS, ETC.
Code Title 2, Chapter 9 Amended.
No. 418 (House Bill No. 90).
AN ACT
To amend Article 2 of Chapter 9 of Title 2 of the Official Code of
Georgia Annotated, relating to grain dealers, so as to require the
submission of a financial statement with the application for a license;
to change the amount of the bond required in order to transact
business as a grain dealer; to specify what manner of payment is
required of persons who are exempt from licensure as dealers because
they buy for cash; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 9 of Title 2 of the Official Code of
Georgia Annotated, relating to grain dealers, is amended by striking
Code Section 2-9-32, relating to the application for a license to
transact business as a grain dealer, in its entirety and inserting in lieu
thereof the following new Code Section 2-9-32:
2-9-32. (a) Every grain dealer desiring to transact business in
this state shall file an application for a license with the Commissioner.
The application shall be on a form furnished by the Commissioner
and, together with such other information as the Commissioner shall
require, shall state:
(1) The name of the business;
(2) The business address of the applicant;
(3) The complete telephone number of the applicant;
(4) The type of ownership, whether individual, partnership,
corporation, or other;
832
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) The name of the owner or, if a partnership or corpora-
tion, the name of the partners or stockholders;
(6) The names of the certified public weighers;
(7) The name of the manager; and
(8) The dollar value of business transacted from producers
for the highest month during the preceding calendar year.
(b) (1) Each applicant for a license or renewal shall furnish
with his application a current financial statement which shall
include:
(A) A balance sheet;
(B) A profit and loss statement of income;
(C) A statement of retained earnings; and
(D) A statement of changes in financial position.
(2) The chief executive officer for the business shall certify
under penalties of perjury that the statements as prepared accu-
rately reflect the financial condition of the business as of the date
named and fairly represent the results of operations for the period
named.
(3) Each applicant shall have the financial statements
required in paragraph (1) of this subsection audited by an inde-
pendent certified public accountant. Alternatively, financial
statements audited or reviewed by an independent public accoun-
tant will be accepted with the understanding that the applicant
will be subject to an additional on-site examination by the Com-
missioner and to an audit by the Commissioner. Audits and
reviews by independent certified public accountants and indepen-
dent public accountants specified in this Code section shall be
made in accordance with standards established by the American
Institute of Certified Public Accountants. The accountants
certification, assurances, opinion, comments, and notes on such
statements, if any, shall be furnished along with the statements.
Applicants who cannot immediately meet these requirements may
apply to the Commissioner for a temporary waiver of this provi-
GEORGIA LAWS 1983 SESSION
833
sion. The Commissioner may grant such waiver for a temporary
period not to exceed 180 days if the applicants can furnish
evidence of good and substantial reasons therefor.
Section 2. Said article is further amended by striking subsection
(a) of Code Section 2-9-34, relating to the bond required to engage in
business as a grain dealer, and inserting in lieu thereof the following:
(a) Before any license is issued, the applicant shall make and
deliver to the Commissioner a surety bond in the amount of 20
percent of the average of the highest dollar volume of grain purchases
from producers made in any single month for each of the three
preceding calendar years or such shorter period of years as the
applicant has done business as a grain dealer, provided that the
minimum amount of such bond shall be $20,000.00 and the maximum
amount of such bond shall be $150,000.00. If a licensed grain dealer
operates his grain-dealing activities at more than one physical loca-
tion, he shall furnish a surety bond for each location of grain-dealing
activities, each bond to be computed as stated in this Code section
and each bond to be subject to the minimum and maximum amounts
stated in this Code section. The bonds shall be executed by a surety
corporation authorized to transact business in this state. Such bonds
shall be upon forms prescribed by the Commissioner and shall be
conditioned to secure the faithful accounting for and payment to the
producers or their agents or representatives of the proceeds of all
grain handled or sold by such dealer.
Section 3. Said article is further amended by striking Code
Section 2-9-44, relating to exemptions, and inserting in its place a new
Code section to read as follows:
2-9-44. This article shall not apply to:
(1) Farmers in the sale of grain grown by themselves;
(2) Persons who buy for cash, paying at the time of the
purchase in United States currency, certified check, or cashiers
check; or
(3) Persons licensed and bonded in accordance with Article
1 of Chapter 4 of Title 10, the Georgia State Warehouse Act.
834
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
CONSUMERS UTILITY COUNSEL PRACTICES
AND PROCEDURES, ETC.
Code Title 46, Chapter 10 Amended.
No. 419 (House Bill No. 139).
AN ACT
To amend Chapter 10 of Title 46 of the Official Code of Georgia
Annotated, relating to the consumers utility counsel, so as to delete
certain provisions with regard to prohibited activities of the counsel;
to delete certain penalties; to provide for practices and procedures; to
provide for access to certain reports, records, documents, files, and
other information; to provide for the automatic repeal of this 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 10 of Title 46 of the Official Code of Georgia
Annotated, relating to the consumers utility counsel, is amended by
striking Code Section 46-10-3, relating to the creation of the consum-
ers utility counsel, in its entirety and inserting in lieu thereof a new
Code Section 46-10-3 to read as follows:
GEORGIA LAWS 1983 SESSION
835
46-10-3. There is created the position of consumers utility
counsel, which shall be attached for administrative purposes only, as
that term is defined in Code Section 50-4-3, to the Office of Planning
and Budget. The counsel shall be appointed by the Governor and
shall serve at his pleasure. The counsel shall be a practicing attorney
qualified by knowledge and experience to practice in public utility
proceedings. The counsel shall receive compensation in an amount to
be determined by the Governor, but not to exceed that provided or
authorized by law for the district attorney for the Atlanta Judicial
Circuit, excluding all city and county supplemental compensation
and expenses. In addition to such compensation, the counsel shall
also receive reimbursement for his reasonable and necessary expenses
incurred in the performance of his duties, as provided by law for state
employees. No person employed as consumers utility counsel shall
engage in the private practice of law while employed as consumers
utility counsel. The actions of the counsel shall be reviewed annually
by the appropriate committees of the House of Representatives and
the Senate.
Section 2. Said chapter is further amended by striking Code
Section 46-10-5, relating to service on counsel and depositions and
discovery, in its entirety and inserting in lieu thereof a new Code
Section 46-10-5 to read as follows:
46-10-5. (a) In addition to other requirements of service and
notice imposed by law, a copy of any application, complaint, pleading,
or notice filed with or issued by the commission shall also be served on
the counsel, and counsel shall be notified of any other correspondence
or paper filed with or issued by the commission or its staff. The
commission shall not proceed to hear or determine any petition,
complaint, or proceeding in which the counsel is entitled to appear
unless it shall affirmatively appear that the counsel was given at least
ten days written notice thereof, unless such notice is affirmatively
waived in writing or the counsel appears and specifically waives such
notice.
(b) The counsel is authorized to take depositions and obtain
discovery of any matter which is not privileged and which is relevant
to the subject matter involved in any proceeding or petition before
the commission in the same manner and subject to the same proce-
dures which would otherwise be applicable if such proceeding was
then pending before a superior court. The superior courts and the
judges and clerks thereof are authorized to issue all orders, injunc-
836
GENERAL ACTS AND RESOLUTIONS, VOL. I
tions, and subpoenas and to take all actions necessary to carry out this
subsection.
Section 3. Said chapter is further amended by striking Code
Section 46-10-9, relating to repeal of the chapter, in its entirety and
inserting in lieu thereof a new Code Section 46-10-9 to read as follows:
46-10-9. This chapter shall be null and void and shall stand
repealed in its entirety effective July 1,1985.
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 18,1983.
CRIME OF FLEEING A POLICE OFFICER
PUNISHMENT.
Code Section 40-6-395 Amended.
No. 420 (House Bill No. 231).
AN ACT
To amend Code Section 40-6-395, relating to the crimes of fleeing
a police officer and impersonating a police officer, so as to change the
punishment for the crime of fleeing a police officer; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-6-395, relating to the crimes of
fleeing a police officer and impersonating a police officer, is amended
GEORGIA LAWS 1983 SESSION
837
by striking subsection (b) and inserting in its place a new subsection
to read as follows:
(b) Any person who flees or attempts to elude a police officer
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punished as for a misdemeanor.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
HUNTING LICENSES RECIPROCITY AGREEMENTS
WITH CERTAIN STATES.
Code Title 27, Chapter 2 Amended.
No. 421 (House Bill No. 329).
AN ACT
To amend Chapter 2 of Title 27 of the Official Code of Georgia
Annotated, relating to hunting licenses, permits, and stamps, so as to
authorize the Department of Natural Resources to enter into certain
reciprocity agreements with certain states; to authorize the commis-
sioner to increase the fees for nonresident hunting licenses and
nonresident big game licenses under certain circumstances; to change
a certain 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. Chapter 2 of Title 27 of the Official Code of Georgia
Annotated, relating to hunting licenses, permits, and stamps, is
amended by adding at the end of Code Section 27-2-7, relating to the
powers of the department to make and enter into certain agreements,
a new subsection (c) to read as follows:
838
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The department is authorized and empowered to make and
enter into agreements, from time to time, with the proper authorities
of the States of Alabama, Florida, North Carolina, South Carolina,
and Tennessee, regarding nonresident hunting license fees, seasons,
and bag limits; provided, however, that such seasons and bag limits
for nonresident hunters not be less restrictive than those which
control Georgia residents; provided, further, that nonresident license
fees in Georgia shall not be less than the amount established in Code
Section 27-2-23 for a small game hunting license and for a big game
hunting license.
Section 2. Said chapter is further amended by striking para-
graph (1) of Code Section 27-2-23, relating to fees for licenses,
permits, and stamps, in its entirety and substituting in lieu thereof a
new paragraph (1) to read as follows:
(1) Hunting licenses:
(A) Resident
hunting
license
(B) Nonresident
hunting
license
(C) Nonresident
hunting
license
(D) Archery
license
(E) Resident
big game
license
(F) Nonresident
big game
license
Season
Season
Ten-day
Season
Season
Season
$ 6.50
36.00
21.00
4.50
5.50
64.00
GEORGIA LAWS 1983 SESSION
839
(G) Nonresident
shooting
preserve
hunting
license Season 10.00
If the commissioner determines that any of the States of Alabama,
Florida, North Carolina, South Carolina, and Tennessee has a nonres-
ident hunting license fee which substantially exceeds the comparable
fee which Georgia charges a citizen of that contiguous state, then the
commissioner, notwithstanding the fees specified by this paragraph,
shall be authorized to increase the nonresident hunting license fee
and nonresident big game license fee, as applied to citizens of that
contiguous state, to an amount equal to the fee a Georgia citizen is
required to pay to hunt in that contiguous state.
Section 3. This Act shall become effective April 1, 1983, or on
the date this Act is approved by the Governor or on the date it
otherwise becomes law, whichever date is later.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
STATE AND LOCAL BONDED OBLIGATIONS
PURPOSES, ETC.
Code Title 36, Chapter 82 Amended.
Code Title 50, Chapter 17 Amended.
No. 422 (Senate Bill No. 220).
AN ACT
To amend Chapter 82 of Title 36 of the Official Code of Georgia
Annotated, relating to the issuance of bonds, so as to include under
840
GENERAL ACTS AND RESOLUTIONS, VOL. I
the term undertaking, gas or electric generating and distribution
systems; to provide for an election to authorize such undertaking; to
authorize the use of a facsimile signature; to authorize contracts for
services in connection with the borrowing of money; to provide for the
payment of such services; to provide for the confidentiality of certain
records; to evidence any repayment obligation for borrowed money in
any form or manner determined to be desirable by the borrower; to
provide a method of creating a repayment obligation for borrowed
money without the issuance of a bond, note, or certificate; to provide
for other matters relative to the foregoing; to provide for liberal
construction; to amend Chapter 17 of Title 50 of the Official Code of
Georgia Annotated, relating to state debt, investment, and depositor-
ies, so as to change the requirement that at least one signature on
public securities be manually subscribed; to provide for the use of a
facsimile of the seal of the superior court on public securities; to
change provisions relating to the Georgia State Financing and Invest-
ment Commission to provide an expanded definition of general
obligation debt; to authorize the use of the facsimile signature of
both the chairman and the secretary on debt instruments; to autho-
rize the use of the facsimile of the official seal of the Superior Court of
Fulton County on state debt instruments; to authorize use of a
standardized registered bond certificate; to authorize out-of-state
and in-state transfer agents; to authorize the use of depositories; to
authorize the use of immobilized or book-entry delivery systems; to
provide for the confidentiality of certain records; to provide for other
matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section T. Chapter 82 of Title 36 of the Official Code of Georgia
Annotated, relating to the issuance of bonds, is amended by striking
subparagraph (C) of paragraph (4) of Code Section 36-82-61, relating
to definitions under the Revenue Bond Law, in its entirety and
substituting in lieu thereof a new subparagraph (C) to read as follows:
GEORGIA LAWS 1983 SESSION
841
(C) Systems, plants, works, instrumentalities, and proper-
ties:
(i) Used or useful in connection with the obtaining of a
water supply and the conservation, treatment, and disposal of
water for public and private uses;
(ii) Used or useful in connection with the collection,
treatment, and disposal of sewage, waste, and storm water;
together with all parts of any such undertaking and all
appurtenances thereto, including lands, easements, rights in
land, water rights, contract rights, franchises, approaches,
dams, reservoirs, generating stations, sewage disposal plants,
intercepting sewers, trunk connecting and other sewer and
water mains, filtration works, pumping stations, and equip-
ment;
(iii) Used or useful in connection with the collection,
treatment, reuse, or disposal of solid waste; or
(iv) Used or useful in connection with buying, con-
structing, extending, operating, and maintaining gas or elec-
tric generating and distribution systems together with all
necessary appurtenances thereof; provided further any reve-
nue certificates issued to buy, construct, extend, operate, and
maintain gas or electric generating and distribution systems
shall, before being undertaken, be authorized by a majority of
those voting at an election held for the purpose in the county,
municipal corporation or political subdivision affected, the
election for such to be held in the same manner as is used in
issuing bonds of such county, municipal corporation or politi-
cal subdivision and the said elections shall be called and
provided for by officers in charge of the fiscal affairs of said
county, municipal corporation, or political subdivision
affected;.
Section 2. Chapter 82 of Title 36 of the Official Code of Georgia
Annotated, relating to the issuance of bonds, is amended by adding a
new Article 6 at the end thereof to read as follows:
842
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 6
36-82-140. Notwithstanding the provisions of other laws to the
contrary, the following revisions of relevant laws shall apply to any
municipality, as defined in paragraph (3) of Code Section 36-82-121,
which incurs bonded indebtedness:
(1) If a bond is to be issued to evidence the repayment
obligation for borrowed money, the signatures of all officers of the
municipality required by law or by the proceedings related to such
borrowed money to sign such bond may be facsimile signatures
and any seal required to be affixed thereon may be a facsimile seal
if provision is also made for a manual authenticating signature on
the bond by or on behalf of a designated financial institution or
other person or other municipality with whom the municipality
has a contract as provided in subparagraph (A) of paragraph (2) of
this Code section with respect to such bond. In addition, any
officer may adopt as a facsimile signature the signature or facsim-
ile signature of a predecessor in office in the event the signature or
facsimile signature of such predecessor appears on such bond.
(2) (A) Any municipality borrowing money may contract
for the services of a financial institution or other person
within or without the state or another municipality to per-
form any of the following functions with respect to repayment
obligations for borrowed money:
(i) Issuance, authentication, transfer, registra-
tion, exchange, and related mechanical and clerical func-
tions;
(ii) Record or bookkeeping or book entry func-
tions;
(iii) Preparation, signing, and issuance of checks or
warrants in payment of repayment obligations for bor-
rowed money;
(iv) Preparation and maintenance of reports and
accounts; and
(v) Performance of any other duties related to
repayment obligations for borrowed money.
GEORGIA LAWS 1983 SESSION
843
(B) The cost of performing the aforesaid functions,
whether incurred under a contract or through direct perfor-
mance by the municipality, may be paid from the borrowed
moneys or from other funds lawfully available for the pur-
pose.
(3) (A) Whenever any municipality shall borrow money
any repayment obligation with respect thereto may be evi-
denced by:
(i) Bonds issued in such form either coupon or
fully registered or both coupon and fully registered in
such denominations and with such provisions for regis-
tration, exchangeability, and transferability as the reso-
lution authorizing the borrowing of money or any loan
agreement, trust agreement, or other contract or agree-
ment to be entered into in connection with the borrowing
of money may provide;
(ii) Book entries under which the right to receive
payments of principal, redemption premium, if any, and
interest shall be established and transferred only
through subsequent book entries; or
(iii) In such other manner as may be provided for in
the resolution authorizing the borrowing of money or any
loan agreement, trust agreement, or other contract or
agreement to be entered into in connection with the
borrowing of money may provide.
(B) If any municipality elects to evidence any repay-
ment obligation for borrowed money in a manner permitted
by division (3)(A)(ii) or (3)(A)(iii):
(i) No bond shall be issued to evidence such
repayment obligation, and the adoption by the munici-
pality of the resolution authorizing the borrowing of such
money and the execution and delivery by the municipal-
ity of the loan agreement, trust agreement, or other
contract or agreement to be entered into in connection
with the borrowing of such money and the receipt by the
municipality or by an agent acting on behalf of the
municipality of the money borrowed shall be the only
844
GENERAL ACTS AND RESOLUTIONS, VOL. I
requirement to establish lawfully the repayment obliga-
tion with respect to such borrowed money; and
(ii) The municipality shall provide for the sending
of written statements which provide a record of certain
rights with respect to such repayment obligation as of the
time of issuance of the statements. Such statements shall
be sent each person acquiring rights by registration in
such repayment obligation but shall, in and of them-
selves, confer no rights on the recipient and shall be
neither a negotiable instrument nor a security.
(C) In the event any municipality elects to evidence any
such repayment obligation in a manner permitted by division
(3)(A)(ii) or (3)(A)(iii), the provisions of any other law of this
state to the contrary notwithstanding, the interest of any
person in such repayment obligation may be accepted, to the
extent of such interest, as a deposit of the repayment obliga-
tion to which it relates, provided that the municipality has
provided by contract for the pledge of such interest.
36-82-141. The records of ownership, registration, transfer, and
exchange of repayment obligations for borrowed money and of per-
sons to whom payment with respect to such obligations is made shall
not be public records, it being understood that the availability of such
records to the general public would likely have a serious adverse
impact on the ability of a municipality to consummate subsequent
borrowings of money at the most advantageous cost to such munici-
pality.
36-82-142. This article shall be liberally construed to effect the
purposes hereof; and insofar as the provisions of this article may be
inconsistent with the provisions of the Constitution of Georgia, under
circumstances where the General Assembly has been granted the
power by law to enlarge or restrict such provisions of the Constitution
of Georgia, or inconsistent with the provisions of any law, including
any general, local, or special Act of the General Assembly relating to
bonds issued by any municipality, this article shall control.
Section 3. Chapter 17 of Title 50 of the Official Code of Georgia
Annotated, relating to state debt, investment, and depositories, is
amended by striking subsection (a) of Code Section 50-17-1, relating
to facsimile signatures on public securities in its entirety and substi-
tuting in lieu thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1983 SESSION
845
(a) Public securities authorized to be issued and delivered at
any one time may be executed with an engraved, imprinted, stamped,
or otherwise reproduced facsimile of any signature, seal, or other
means of authentication, certification, or endorsement required or
permitted to be recorded thereon if so authorized by the board, body,
or officer empowered by law to authorize the issuance of such
securities. In addition to the foregoing, the clerk of the superior court
of each county of this state may authorize the execution of any public
securities, as defined in subsection (b) of this Code section, requiring
or permitting his signature, with an engraved, imprinted, stamped, or
otherwise reproduced facsimile of such signature and with an
engraved, imprinted, stamped, or otherwise reproduced facsimile of
the seal of the superior court of which he is clerk.
Section 4. Said chapter is further amended by striking para-
graph (5) of Code Section 50-17-21, relating to definitions relating to
the Georgia State Financing and Investment Commission, in its
entirety and substituting in lieu thereof a new paragraph (5) to read
as follows:
(5) General obligation debt means obligations of this state
issued pursuant to this article to acquire, construct, develop, extend,
enlarge, or improve land, waters, property, highways, buildings, struc-
tures, equipment, or facilities of the state, its agencies, departments,
institutions, and those state authorities which were created and
activated prior to the amendment to Article VII, Section VI, Para-
graph 1(a) of the Constitution of 1945, adopted November 8,1960, for
which the full faith, credit, and taxing power of the state are pledged
for the payment thereof. General obligation debt also means obliga-
tions of this state issued to provide educational facilities for county
and independent school systems.
Section 5. Said chapter is further amended by striking Code
Section 50-17-24, relating to the administration of public debt, in its
entirety and substituting in lieu thereof a new Code Section 50-17-24
to read as follows:
50-17-24. (a) The state, through action of the commission, is
authorized to incur public debt as hereinafter provided.
(b) (1) Public debt without a limit may be incurred to repel
invasion, suppress insurrection, and defend the state in time of
war.
846
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Public debt may be incurred to supply such temporary
deficit as may exist in the state treasury in any fiscal year because
of necessary delay in collecting the taxes of that year, but the debt
so incurred shall not exceed, in the aggregate, 1 percent of the total
revenue receipts, less refunds, of the state treasury in the fiscal
year immediately preceding the year in which such debt is incur-
red; and any debt so incurred shall be repaid out of the taxes levied
for the fiscal year in which the loan is made. Such debt shall be
payable on or before the last day of the fiscal year in which it is
incurred, and no such debt may be incurred in any fiscal year
under this paragraph if there is then outstanding unpaid debt
from any previous fiscal year which was incurred under this
paragraph.
(3) Public debt for public purposes may be either general
obligation debt or guaranteed revenue debt. General obligation
debt may be incurred by issuing obligations to acquire, construct,
develop, extend, enlarge, or improve land, waters, property, high-
ways, buildings, structures, equipment, or facilities of the state, its
agencies, departments, institutions, and those state authorities
which were created and activated prior to the amendment adopted
November 8,1960, to Article VII, Section VI, Paragraph 1(a) of the
Constitution of 1945. General obligation debt may also be incur-
red to provide educational facilities for county and independent
school systems. Guaranteed revenue debt may be incurred by
guaranteeing the payment of revenue obligations issued by an
instrumentality of the state if such revenue obligations are issued
to finance toll bridges, toll roads, or any other land public trans-
portation facilities or systems, or water or sewage treatment
facilities or systems, or to make or purchase, or lend or deposit
against the security of, loans to citizens of the state for educational
purposes; provided, however, that in no event shall general obliga-
tion debt or guaranteed revenue debt be incurred for water or
sewage treatment facilities or systems for counties or municipali-
ties. General obligation debt or guaranteed revenue debt may be
incurred to fund or refund any such debt or to fund or refund any
obligations issued upon the security of contracts to which the
second paragraph of Article IX, Section VI, Paragraph 1(a) of the
Constitution of Georgia of 1976 is applicable.
(c) No debt may be incurred under paragraph (3) of subsection
(b) of this Code section at any time when the highest aggregate annual
debt service requirements for the then current year or any subsequent
GEORGIA LAWS 1983 SESSION
847
year for outstanding general obligation debt and guaranteed revenue
debt, including the proposed debt, and the highest aggregate annual
payments for the then current year or any subsequent fiscal year of
the state under all contracts then in force to which the provisions of
the second paragraph of Article IX, Section VI, Paragraph 1(a) of the
Constitution of Georgia of 1976 are applicable exceed 10 percent of
the total revenue receipts, less refunds of the state treasury in the
fiscal year immediately preceding the year in which any such debt is
to be incurred. Within such limitation, the following limitations shall
also be applicable:
(1) No guaranteed revenue debt may be incurred to finance
water or sewage treatment facilities or systems when the highest
aggregate annual debt service requirements for the then current
year or any subsequent fiscal year of the state for outstanding or
proposed guaranteed revenue debt for water or sewage treatment
facilities or systems exceed 1 percent of the total revenue receipts,
less refunds, of the state treasury in the fiscal year immediately
preceding the year in which any such debt is to be incurred;
(2) The aggregate principal amount of guaranteed revenue
debt incurred to make loans to citizens of the state for educational
purposes that may be outstanding at any time shall not exceed $18
million and the aggregate principal amount of guaranteed revenue
debt incurred to make or purchase, or to lend or deposit against
the security of, loans to citizens of the state for educational
purposes that may be outstanding at any time shall not exceed $72
million; and
(3) The issuance of any funding or refunding debt pursuant
to this Code section shall be subject to the 10 percent limitation
provided for herein to the same extent as debt incurred under this
article; provided, however, that in making such computation the
annual debt service requirements and annual contract payments
remaining on the debt or obligations being funded or refunded
shall not be taken into account.
(d) For the purposes of subsection (c) of this Code section,
annual debt service requirements shall mean the total principal and
interest coming due in any fiscal year of the state; provided, however,
that with regard to any issue of debt incurred wholly or in part on a
term basis, annual debt service requirements shall mean an amount
equal to the total principal and interest payments required to retire
848
GENERAL ACTS AND RESOLUTIONS, VOL. I
such issue in full divided by the number of years from its issue date to
its maturity date.
Section 6. Said chapter is further amended by striking subsec-
tion (d) of Code Section 50-17-25 in its entirety and substituting in
lieu thereof a new subsection (d) to read as follows:
(d) (1) Every loan agreement and every evidence of indebted-
ness under a loan agreement shall be executed in the name of and
for the state by the chairman and secretary of the commission.
Every other evidence of indebtedness, except those issued in
connection with the incurring of guaranteed revenue debt, shall be
executed in the name of the state by the chairman and secretary of
the commission and shall be sealed with the official seal of the
commission or a facsimile thereof. Coupons shall be executed by
the chairman of the commission. The facsimile signature of either
the chairman or the secretary, or both, may be imprinted in lieu of
the manual signature if the commission so directs, and the facsim-
ile of the chairmans signature shall be used on coupons; provided,
however, that the executive secretary may sign as secretary if the
commission so directs. Evidence of indebtedness and interest
coupons appurtenant thereto bearing the manual or facsimile
signature of a person in office at the time such 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.
(2) Each bond representing guaranteed revenue debt shall
have stamped or printed thereon a certificate reading as follows:
I hereby certify that the State of Georgia guarantees full
payment of this obligation and the interest hereon in accord-
ance with its terms and has pledged the full faith, credit, and
taxing power of the state to such payment.
Immediately below the certificate shall appear the facsimile signa-
ture of the secretary of the commission.
(3) Debt to be incurred at the same time for more than one
purpose may be combined in one issue without stating the pur-
poses separately, but the proceeds thereof must be allocated,
disbursed, and used solely in accordance with the original pur-
poses and without exceeding the principal amount authorized for
GEORGIA LAWS 1983 SESSION
849
each purpose set forth in the authorization of the General Assem-
bly and to the extent not so used shall be used to purchase and
retire public debt.
(4) Every evidence of indebtedness shall be dated not later
than the date the same was issued; shall contain a reference by
date of the appropriate authorizing resolution pursuant to which
the same was issued; and may, but need not, state the purpose for
which the debt is being incurred. When debt is being incurred at
the same time for more than one purpose, the statement for
various purposes shall be authorized.
(5) Bonds issued as evidence of general obligation debt or
guaranteed revenue debt shall have a certificate of validation
bearing the facsimile signature of the clerk of the Superior Court
of Fulton County, stating the date on which the bonds were
validated as hereinafter provided, 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 bonds may be sealed with
the official seal of the Superior Court of Fulton County or a
facsimile thereof.
(6) The commission is authorized to use a standardized
registered bond certificate. Such bond certificate may bear the
facsimile signatures of the chairman and secretary of the commis-
sion and a manual authorizing signature of the registrar or trans-
fer agent or an agent of the registrar or transfer agent.
Section 7. Said chapter is further amended by striking subsec-
tion (b) of Code Section 50-17-26, relating to evidences of indebted-
ness, generally, and substituting in lieu thereof a new subsection (b)
to read as follows:
(b) (1) The fiscal officer of the state or his agent shall act as
registrar for evidences of indebtedness registrable as to principal
or interest or both. No transfer of a registered evidence of
indebtedness is valid unless made on the register maintained by
the fiscal officer of the state or his agent for that purpose, and the
state shall be entitled to treat the registered owner as the owner of
such instrument for all purposes. Payment of principal and
interest, when registered as to interest, of registered instruments
shall be by check to the registered owner as it appears on the
register unless the commission has otherwise provided. The
850
GENERAL ACTS AND RESOLUTIONS, VOL. I
commission may make such other provisions respecting registra-
tion as it deems necessary or useful. The fiscal officer of the state
may employ out-of-state transfer agents or in-state transfer
agents, or both, to perform registration duties or payment duties,
or both, as agents of the fiscal officer of the state.
(2) The commission may authorize debt having any provi-
sion for prepayment deemed necessary or useful, including the
payment of any premium.
(3) If any evidence of indebtedness becomes mutilated or is
destroyed, lost, or stolen, the commission shall execute and deliver
a new bond or note of like date of issue, maturity date, principal
amount, and interest rate per annum as the bond or note so
mutilated, destroyed, lost, or stolen, upon exchange and substitu-
tion for such mutilated bond or note and in lieu of and substitu-
tion for the bond or note destroyed, lost, or stolen, upon filing with
the commission evidence satisfactory to it that such bond or note
has been destroyed, lost, or stolen and proof of ownership thereof
and upon furnishing the commission with indemnity satisfactory
to it and upon complying with other reasonable rules of the
commission and paying expenses connected therewith. Any bond
or note surrendered for exchange shall be canceled. As provided in
connection with the issuance of replacement bonds or notes under
this Code section, the commission shall have authority to print the
new bonds with a validation certificate bearing the facsimile
signature of the clerk of the superior court then in office; and such
certificate shall have the same force and effect as in the first
instance. All responsibility with respect to the issuance of any
such new bonds shall be on the commission and not on the clerk,
and the clerk shall have no liability in the event an overissuance
occurs.
(4) Interest shall cease to accrue on public debt on the date
that the debt becomes due for payment if the payment is made or
duly provided for; but such debt and the accrued interest thereon
shall continue to be public debt until 20 years overdue for pay-
ment. At that time, unless demand for their payment has been
made, they shall be extinguished and shall be deemed no longer
outstanding.
(5) Unless otherwise directed by the commission, every
evidence of indebtedness and interest coupon paid or otherwise
GEORGIA LAWS 1983 SESSION
851
retired shall forthwith be marked canceled and shall be delivered
by the paying agent accepting payment thereof to the commission,
which shall destroy them and provide a certificate of destruction
to the fiscal officer of the state.
(6) The fiscal officer of the state or his agent shall maintain
records containing a full and correct description of each evidence
of indebtedness issued, identifying it and showing its date, issue,
amount, interest rate, payment dates, payments made, registra-
tion, destruction, and every other relevant transaction. The use of
depositories or immobilized or book-entry delivery systems, or
both, may be authorized by the commission.
(7) Records maintained by the commission, the fiscal officer
of the state or his agents, or by any paying agent appointed by the
commission which reveal the names or identities of registered
holders of bonds or notes shall not be deemed public records. Any
information concerning the identity or the name of registered
holders of bonds or notes shall be released only upon direction or
authorization by the commission.
Section 8. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
852
GENERAL ACTS AND RESOLUTIONS, VOL. I
EVIDENCE USE OF INTERPRETERS FOR
HEARING IMPAIRED PERSONS.
Code Title 24, Chapters 1 and 9 Amended.
No. 423 (Senate Bill No. 176).
AN ACT
To amend Title 24 of the Official Code of Georgia Annotated,
relating to evidence, so as to provide for the use of interpreters by
hearing impaired persons; to provide legislative intent; to provide
definitions; to provide for the situations and conditions under which
an interpreter shall be provided; to provide the procedures for
providing an interpreter; to provide for the manner in which inter-
preters shall be used; to provide for limitations on the use of certain
communications with hearing impaired persons; to provide for a
waiver of the right to an interpreter; to provide for compensation; to
provide for other matters relative to the foregoing; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 24 of the Official Code of Georgia Annotated,
relating to evidence, is amended by striking Code Section 24-1-5,
which reads as follows:
24-1-5. In the event a person who is deaf is arrested for any
alleged violation of a criminal law of this state, the arresting officer
may interrogate or take a statement from such person, provided that
such interrogation and answers thereto shall be in writing and shall be
preserved and turned over to the court in the event such person is
tried for the alleged offense.,
and inserting in lieu thereof:
24-1-5. In the event a hearing impaired person is arrested for any
alleged violation of a criminal law of this state, the arresting officer
shall comply with the provisions of Article 5 of Chapter 9 of this title.
GEORGIA LAWS 1983 SESSION
853
Section 2. Said title is further amended by striking Article 5 of
Chapter 9 thereof, which reads as follows:
ARTICLE 5
24-9-100. As used in this article, the term:
(1) Deaf person means any person whose hearing is totally
impaired or whose hearing is so seriously impaired as to prohibit
the person from understanding oral communications when spoken
in a normal conversational tone. Such term further includes, but is
not limited to, a person who is mute and a person who is both deaf
and mute.
(2) Qualified interpreter means an interpreter certified by
the National Registry of Interpreters for the Deaf, Georgia
Registry of Interpreters for the Deaf, or, in the event an inter-
preter so certified is unavailable, an interpreter whose actual
qualifications are otherwise appropriately determined.
24-9-101. (a) Whenever any deaf person is a party to or a
witness at a proceeding before any grand jury or in any trial court in
this state, the court shall appoint a qualified interpreter of the deaf
sign language to interpret the proceedings to the deaf person and to
interpret his testimony.
{b) Whenever any deaf person is the principal party in interest
at a proceeding before any department, board, commission, agency, or
licensing authority of the state, any political subdivision of the state,
or any municipality, the department, board, commission, agency, or
licensing authority conducting the proceedings shall appoint a quali-
fied interpreter of the deaf sign language to interpret the proceedings
to the deaf person and to interpret any testimony he may give.
24-9-102. (a) Except in a preliminary hearing in a criminal case
under Code Section 24-1-5, every deaf person whose appearance
before a proceeding entitles him to an interpreter shall notify the
appointing authority of his disability not less than five days prior to
any appearance and shall request at such time the services of an
interpreter, provided that, where a deaf person reasonably expects
the need for an interpreter to be for a period greater than a single day,
he shall so notify the appointing authority and such notification shall
be sufficient for the duration of his participation in the proceedings;
854
GENERAL ACTS AND RESOLUTIONS, VOL. I
provided, further, that whenever a deaf person receives notification of
the time of an appearance before a proceeding less than five days
prior to the proceeding, he shall provide his notification and request
as soon thereafter as practicable.
(b) An appointing authority may require a person requesting the
appointment of an interpreter to furnish reasonable proof of his
disability when the appointing authority has reason to believe that
the person is not so disabled.
(c) No qualified interpreter shall be appointed unless the
appointing authority makes a preliminary determination that the
interpreter is able to communicate readily with the deaf person and is
able to repeat and translate accurately the statements of the deaf
person.
24-9-103. (a) The Department of Human Resources is autho-
rized and directed to prepare and update continually a listing of
qualified and available interpreters as defined in Code Section 24-9-
100. When requested by an appointing authority to provide an
interpreter, the department shall make all contacts and do all other
things necessary to provide the appointing authority with the quali-
fied interpreter at the time and place needed.
(b) Whenever an appointing authority receives a valid request
for the services of an interpreter, the authority shall request the
Department of Human Resources to furnish the authority with a
qualified interpreter at a time and place and for a period specified by
the authority.
24-9-104. Before participating in any proceedings subsequent to
an appointment under Code Section 24-9-101, an interpreter shall
make an oath or affirmation that he will make a true interpretation in
an understandable manner to the person for whom he is appointed
and that he will repeat the statements of such person in the English
language to the best of his skill and judgment.
24-9-105. (a) An interpreter appointed under Code Section 24-
9-101 shall be entitled to a reasonable fee for his services, such fee not
to exceed $50.00 per day of service, together with his actual expenses
for travel and transportation.
GEORGIA LAWS 1983 SESSION
855
(b) When the interpreter is appointed by a court, the fee shall be
paid out of general county funds; and, when the interpreter is
otherwise appointed, the fee shall be paid out of funds available to the
appointing authority.,
and inserting in lieu thereof a new Article 5 of Chapter 9 to read as
follows:
ARTICLE 5
24-9-100. It is the policy of the State of Georgia to secure the
rights of hearing impaired persons who, because of impaired hearing,
cannot readily understand or communicate in spoken language and
who consequently cannot equally participate in or benefit from
proceedings, programs, and activities of the courts, legislative bodies,
administrative agencies, licensing commission, departments, and
boards of the state and its subdivisions unless qualified interpreters
are available to assist them.
24-9-101. As used in this article, the term:
(1) Agency means any agency, authority, board, bureau,
committee, commission, court, department, or jury of the legisla-
tive, judicial, or executive branch of government of the state or
any political subdivision thereof.
(2) Department means the Department of Human
Resources.
(3) Hearing impaired person means any person whose
hearing is totally impaired or whose hearing is so seriously
impaired as to prohibit the person from understanding oral com-
munications when spoken in a normal conversational tone.
(4) Intermediary interpreter means any person, including
any hearing impaired person, who is able to assist in providing an
accurate interpretation between spoken English and sign language
or between the variance of sign language by acting as an inter-
mediary between a hearing impaired person and a qualified
interpreter.
(5) Proceeding means any meeting, hearing, trial, invest-
igation, or other proceeding of any nature conducted by an agency.
856
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Qualified interpreter means any person certified as an
interpreter by the National Registry of Interpreters for the Deaf
or approved as an interpreter by the Georgia Registry of Inter-
preters for the Deaf.
24-9-102. (a) The agency conducting any proceeding shall pro-
vide a qualified interpreter to the hearing impaired person:
(1) Whenever the hearing impaired person is a party to the
proceeding or a witness before the proceeding;
(2) Whenever a person below the age of 18 years whose
parents are hearing impaired persons is a party to the proceeding
or a witness before the proceeding conducted by an agency.
(b) The hearing impaired person shall notify the agency not less
than ten days, excluding weekends and holidays, prior to the date of
the proceeding of the need for a qualified interpreter. If the hearing
impaired person receives notice of the proceeding less than ten days,
excluding weekends and holidays, prior to the proceeding, he shall
notify the agency as soon as practicable after receiving such notice.
Upon receiving a request for a qualified interpreter, the agency shall
immediately forward such request to the department. Upon receiving
a request from an agency, the department shall provide a qualified
interpreter for the proceeding specified in the request.
24-9-103. (a) The arresting law enforcement agency shall pro-
vide a qualified interpreter to any hearing impaired person whenever
the hearing impaired person is taken into custody for allegedly
violating any criminal law or ordinance of the state or any political
subdivision thereof.
(b) (1) Except as provided in paragraph (2) of this subsection,
the law enforcement agency shall immediately request a qualified
interpreter from the department, and the department shall pro-
vide a qualified interpreter. No interrogation, warning, informing
of rights, taking of statements, or other investigatory procedures
shall be undertaken until a qualified interpreter has been pro-
vided; and no answer, statement, admission, or other evidence
acquired from the hearing impaired person shall be admissible in
any criminal or quasi-criminal proceeding unless such was know-
ingly and voluntarily given through and in the presence of a
qualified interpreter. No hearing impaired person who has been
GEORGIA LAWS 1983 SESSION
857
taken into custody and who is otherwise eligible for release shall
be detained because of the unavailability of a qualified inter-
preter.
(2) If a qualified interpreter is not available one hour after
the hearing impaired person has been taken into custody and a
request has been forwarded to the department, the arresting
officer may interrogate or take a statement from such person,
provided that such interrogation and answers thereto shall be in
writing and shall be preserved and turned over to the court in the
event such person is tried for the alleged offense.
24-9-104. (a) A court shall provide a qualified interpreter to
any hearing impaired person whenever the hearing impaired person
has been provided with a court appointed legal counsel. The court
shall request a qualified interpreter from the department, and the
department shall provide a qualified interpreter.
(b) The qualified interpreter authorized by this Code section
shall be present at all times when the hearing impaired person is
consulting with legal counsel.
24-9-105. Whenever a hearing impaired person shall be autho-
rized a qualified interpreter, such person may waive the right to the
use of such interpreter. Any such waiver shall be in writing and shall
be approved by the agency, law enforcement agency, or court before
which the hearing impaired person is to appear. In no event shall the
failure of a hearing impaired person to request an interpreter be
deemed to be a waiver.
24-9-106. (a) Whenever a hearing impaired person shall be
authorized a qualified interpreter, the agency, law enforcement
agency, or court shall determine whether the qualified interpreter so
provided is able to communicate accurately with and translate infor-
mation to and from the hearing impaired person. If it is determined
that the qualified interpreter cannot perform these functions, the
agency, law enforcement agency, or court shall request another
qualified interpreter from the department or shall appoint an inter-
mediary interpreter to assist the qualified interpreter in communicat-
ing with the hearing impaired person.
(b) The department shall prepare and maintain a list of quali-
fied interpreters and qualified intermediary interpreters from which
such interpreters shall be provided.
858
GENERAL ACTS AND RESOLUTIONS, VOL. I
24-9-107. (a) Prior to providing any service to a hearing
impaired person, any qualified interpreter or intermediary inter-
preter shall subscribe to an oath that he will interpret all communica-
tions in an accurate manner to the best of his skill and knowledge.
(b) Whenever a hearing impaired person communicates with
any other person through the use of an interpreter and under circum-
stances which make such communications privileged, the presence of
the interpreter shall not vitiate such privilege and the interpreter
shall not be required to disclose the contents of such communication.
(c) Whenever an interpreter is required by this article, the
agency, law enforcement agency, or court shall not begin the proceed-
ing or take any action until the interpreter is in full view of and
spatially situated so as to assure effective communication with the
hearing impaired person.
(d) The agency, law enforcement agency, or court may, upon its
own motion or upon motion of any party, witness, or participant,
order that the testimony of the hearing impaired person be electronic-
ally and visually taped or filmed. Any such tape or film may be used to
verify the testimony given by the hearing impaired person.
24-9-108. (a) Any qualified interpreter or intermediary inter-
preter providing service under this article shall be compensated by
the agency, law enforcement agency, or court requesting such service.
Compensation shall be as provided in the fee schedule developed by
the department.
(b) The department shall develop a fee schedule to be used in
determining the compensation to be paid interpreters under this
article. The schedule shall include reasonable fees commensurate
with the services provided and shall include travel expenses and
subsistence allowances as are authorized for state employees.
(c) The expenses of providing a qualified interpreter or inter-
mediary interpreter in any civil proceeding may be assessed by the
court or agency as costs in such proceeding.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
859
TELEGRAPH COMPANIES PROCEDURE FOR
INCORPORATION.
Code Title 46, Chapter 5 Amended.
No. 424 (Senate Bill No. 151).
AN ACT
To amend Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, relating to telegraph service, so as to define certain terms;
to provide that a percentage of incorporators be residents of Georgia;
to provide that incorporators be of legal age; to provide for the filing
of a copy of the petition with the Public Service Commission for
approval; to provide for approval by the Public Service Commission
of issuance of a license; to provide that a percentage of directors be
residents of Georgia; to provide for amendment of corporate charter;
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 5 of Title 46 of the Official Code of Georgia
Annotated, relating to telegraph service, is amended by striking
Article 3 of said chapter in its entirety and inserting in lieu thereof a
new Article 3 to read as follows:
ARTICLE 3
46-5-140. As used in this article, the term:
(1) Telegraph company means every corporation, com-
pany, association, joint-stock association, partnership, and
person, their lessees, trustees, or receivers appointed by any court
whatsoever, owning, operating, or managing any telegraph line or
part of a telegraph line used in the conduct of the business of
affording for hire communication by telegraph within this state.
(2) Telegraph line means conduits, poles, wires, cables,
crossarms, instruments, machines, appliances, instrumentalities,
and all devices, including radio and other advancements of the art
of telegraphy, real estate, easements, apparatus, property, and
860
GENERAL ACTS AND RESOLUTIONS, VOL. I
routes used and operated to facilitate the business of affording
communication service by telegraph to the public for hire within
this state.
46-5-141. All corporate powers and privileges granted to tele-
graph companies in this state shall be granted in the manner
described in this Code section. Whenever at least five persons who are
18 years of age or over and who are citizens of the United States, two-
thirds of whom are residents of this state, propose to form a corpora-
tion for constructing, equipping, and operating any telegraph line or
for carrying on the business of a telegraph company, they shall make
and file in the office of the Secretary of State, in duplicate, a petition
for charter, under their hands and seals, setting forth:
(1) The name of the corporation proposed;
(2) The object for which it is formed;
(3) The amount of its proposed capital stock; or
(4) The number of shares of such capital stock;
(5) The places from and to which such telegraph line is
intended to be constructed, equipped, and operated, or, if already
constructed, then the places from and to which the same is
intended to be operated, giving as nearly as practicable the
counties and cities through which it may or does pass;
(6) The location of the principal office of such corporation
by city and county, which shall be in this state;
(7) The time of commencement and duration of said corpo-
ration, the period of duration not to exceed 50 years; and
(8) The name and residence of each applicant.
46-5-142. Upon the filing of the petition for charter as specified
in the preceding Code section, the applicants shall pay to the Secre-
tary of State the fee of $100.00. The Secretary of State shall thereafter
transmit a copy of the petition to the Public Service Commission for
approval prior to the issuance of a license. The Public Service
Commission shall then approve or disapprove the issuance of a license
based, in part, upon whether the proposed telegraph company has a
GEORGIA LAWS 1983 SESSION
861
sufficient amount of capitalization for incorporation. The Public
Service Commission shall thereafter notify the Secretary of State in
writing of its decision. If the petition is approved, the Secretary of
State shall then issue to the applicants a license as commissioners to
open books of subscription to the capital stock of the corporation at
such times and places as a majority of the commissioners may
determine after having given public notice thereof in the legal organ
of the county where the principal office of the company will be located
for at least two weeks and in one or more of the public newspapers of
this state for at least two weeks.
46-5-143. As soon as possible after the capital stock has been
fully subscribed, the commissioners shall call a meeting of the sub-
scribers to the capital stock for the purpose of electing directors and
transacting such other business as may come before the meeting.
Notice of the meeting shall be given by depositing in the post office,
properly addressed to each subscriber, at least ten days before the
time fixed, a written or printed notice stating the object, time, and
place of such meeting. In all elections for directors of the proposed
corporation, each subscriber to the capital stock shall be entitled to
one vote for each share of the capital stock subscribed for by him,
which vote may be cast in person or by written proxy. At least three
persons, two-thirds of whom shall be residents of Georgia, shall be
elected as directors of the proposed corporation.
46-5-144. (a) The commissioners shall make a full report of
their proceedings and of the proceedings of the meeting of the
stockholders, including a copy of the notice provided for in Code
Section 46-5-143; a copy of the list of subscribers, with a statement of
their respective residences and the number of shares subscribed for
by each; and the names and residences of the directors elected at the
stockholders meeting and their respective terms of office. This report
shall be sworn to by at least a majority of the commissioners and shall
be filed with the Secretary of State in duplicate. Attached to the
report of the commissioners shall be the publishers affidavits certify-
ing that the aforementioned required publication has been com-
pleted. The Secretary of State shall forward a copy of the report to the
Public Service Commission for its approval.
(b) Upon the filing of the report and its approval by the Public
Service Commission, the Secretary of State shall issue a certificate of
the complete organization of the corporation, duly authenticated
under his official signature and the seal of the state, and the proceed-
ings shall be recorded in his office in a book for that purpose.
862
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Upon the recording of such proceedings in the manner
required by this Code section, the corporation shall be deemed fully
organized and shall become and be duly incorporated under the
corporate name set forth in the written declaration on file in the office
of the Secretary of State and shall be authorized to proceed to
business. Unless such corporation shall have so completed its organi-
zation within two years after the date of the filing of the written
declaration for that purpose in the office of the Secretary of State, the
license to the commissioners shall be held and deemed revoked and
forfeited.
46-5-145. Any telegraph company incorporated under this arti-
cle may amend its charter as provided by Code Sections 14-4-100
through 14-4-105.
46-5-146. (a) Any corporations created under and by virtue of
this article shall exist and shall have and enjoy succession under its
corporate name and may, under such name:
(1) Make and enter into contracts;
(2) Sue and be sued;
(3) Purchase and hold such real or personal property as may
be required for the purposes of the corporation within the scope of
its business and sell, alienate, mortgage, pledge, convey, or other-
wise dispose of the same, with all rights and privileges therewith
connected; and
(4) Make and establish such bylaws, rules, and regulations
for its government as may be necessary.
(b) Such corporation shall also have power:
(1) To have and use a corporate seal, and to alter the same
at pleasure;
(2) To appoint such officers or agents as may be necessary
for the proper management of the affairs of such corporation; and
(3) To erect and maintain telegraph lines in and throughout
this state or elsewhere in the United States, with all necessary
stations, offices, apparatus, improvements, and machinery, and to
GEORGIA LAWS 1983 SESSION
863
employ the same with any new inventions which may from time to
time be acquired, in the rapid transmission, for remuneration and
profit, of information, messages, and intelligence to and from the
various places and stations on the telegraph line of such corpora-
tion.
46-5-147. Every telegraph company which has a line of wires in
this state and which is engaged in telegraphing for the public shall,
during its usual business hours, receive dispatches or messages,
whether from other telegraphic lines or from individuals, and, on
payment or tender of the usual charge according to the regulations
established by the commission, shall transmit and deliver the same
with impartiality and good faith and with due diligence, under
penalty of $25.00, which penalty may be recovered by action in a court
having jurisdiction thereof, by either the sender of the dispatch or
message or the person to whom sent or directed, whichever may first
bring an action, provided that nothing in this Code section shall be
construed as impairing or in any way modifying the right of any
person to recover damages for any breach of contract or duty by any
telegraph company; and such penalty and such damages may, if the
party so elects, be recovered in the same action.
46-5-148. Telegraph companies shall deliver all dispatches or
messages to the persons to whom the same are addressed or to their
agents, on payment of any charges due for the same, provided that
such persons or agents reside within the city in which the station is
located or, if the station is not located in a city, within one mile of the
station.
46-5-149. (a) Whenever any person has any claim or demand
upon any telegraph company having offices or more than one place of
doing business in this state, such person may institute an action
against such telegraph company within the county where the princi-
pal office of such company is located, or in any county where such
telegraph company may have an agency or place of business, or where
such place of business was located at the time the cause of action
accrued or the contract was made out of which the cause of action
arose.
(b) In all actions brought under this Code section, service shall
be effected upon such telegraph company by leaving a copy of the
summons and complaint with the agent of the company, if any; if
there is no such agent in the county, then a copy of the summons and
864
GENERAL ACTS AND RESOLUTIONS, VOL. I
complaint shall be left at the agency or place of doing business where
the same was located at the time such cause of action accrued or the
contract was made out of which the cause of action arose.
Section 2. This Act shall become effective upon its approval by
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 March 18,1983.
PROPERTY INSURANCE REDEFINED, ETC.
Code Section 33-7-6 Amended.
No. 425 (Senate Bill No. 130).
AN ACT
To amend Chapter 7 of Title 33 of the Official Code of Georgia
Annotated, relating to kinds of insurance, limits of risks, and reinsur-
ance, so as to change the provisions relating to property insurance; to
provide that property insurance shall also include any contract,
agreement, or instrument whereby a person assumes the risk of and
the expense or portion thereof for the cost of repair or replacement of
a product if such contract, agreement, or instrument is made by a
person other than the manufacturer in exchange for a separately
stated charge or the cost of the contract or contracts is included on a
nonidentifiable basis in the cost of the product sold in conjunction
therewith; to provide an exception; to require certain provisions in
contracts of property insurance; to provide for the cancellation of
contracts, agreements, or instruments for failure of the holder to pay
the consideration due therefor; to provide for refunds upon cancella-
tion of a contract, agreement, or instrument by the holder; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
865
Be it enacted by the General Assembly of Georgia:
Section 1. 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 striking in its entirety Code Section 33-7-6,
relating to property insurance, and inserting in lieu thereof a new
Code Section 33-7-6 to read as follows:
33-7-6. (a) Property insurance is insurance on real or personal
property of every kind and interest therein against loss or damage
from any or all hazard or cause and against loss consequential upon
such loss or damage other than noncontractual legal liability for any
such loss or damage. Property insurance shall also include miscella-
neous insurance as defined in paragraph (11) of Code Section 33-7-3,
except as to any noncontractual liability coverage includable therein.
(b) Property insurance also includes:
(1) Any contract, agreement, or instrument whereby a
person assumes the risk of and the expense or portion thereof for
the mechanical breakdown or mechanical failure of a motor
vehicle and shall include those agreements commonly known as
vehicle service agreements or extended warranty agreements, if
made by a person other than the motor vehicle manufacturer in
exchange for a separately stated charge or the cost of the contract
or contracts is included on a nonidentifiable basis in the cost of a
motor vehicle sold in conjunction therewith, except that this
provision shall not apply to an agreement underwritten by an
insurer licensed to transact insurance in this state, either directly
or through a reinsurance contract;
(2) Any contract, agreement, or instrument whereby a
person assumes the risk of and the expense or portion of such
expense for the structural or mechanical breakdown, loss of, or
damage to a one- or two-family residential building structure or
any part thereof from any cause, including loss of or damage to or
loss of use of the building structure or major components thereof
which are attached to and become a part of said structure by
reason of depreciation, deterioration, wear and tear, use, obsoles-
cence or breakage, if made by a person other than the constructing
contractor or manufacturer of the building structure or part
thereof in exchange for a separately stated charge or the cost of the
contract or contracts is included on a nonidentifiable basis in the
866
GENERAL ACTS AND RESOLUTIONS, VOL. I
cost of such building structure sold in conjunction therewith,
except that this provision shall not apply to an agreement under-
written by an insurer licensed to transact insurance in this state,
either directly or through a reinsurance contract; or
(3) Any contract, agreement, or instrument, other than an
agreement, contract, or instrument covered by paragraphs (1) and
(2) of this subsection whereby a person assumes the risk of and the
expense or portion thereof for the cost of repair or replacement of
a product if such contract, agreement, or instrument is made by a
person other than the manufacturer in exchange for a separately
stated charge or the cost of the contract or contracts is included on
a nonidentifiable basis in the cost of the product sold in conjunc-
tion therewith, except that this provision shall not apply to an
agreement underwritten by an insurer licensed to transact insur-
ance in this state, either directly or through a reinsurance contract
or to any contract, agreement, or instrument relating to similar
services furnished by any air carrier that provides interstate air
transportation.
(c) (1) Any contract, agreement, or instrument, as defined in
paragraphs (1), (2), and (3) of subsection (b) of this Code section,
shall state the name and address of the licensed insurer which has
underwritten the contract, agreement, or instrument, either
directly or through a reinsurance contract.
(2) In the event a contract, agreement, or instrument is
issued by a party other than an insurer so that the holder thereof,
in the first instance, must make a claim or request for refund
pursuant to paragraph (3) of this subsection against a party other
than the insurer, the contract, agreement, or instrument shall
provide that the holder shall be entitled to make a direct claim
against the insurer upon the failure of the issuer to pay any claim
or to refund the consideration paid by the holder for the contract,
agreement, or instrument within 60 days after proof of loss has
been filed with the issuer.
(3) The contract, agreement, or instrument shall be noncan-
celable by the issuer except for fraud, material misrepresentation,
or failure to pay the consideration due therefor. The cancellation
shall be in writing and shall conform to the requirements of Code
Section 33-24-44. The holder may cancel at any time upon
demand and surrender of the contract, agreement, or instrument
GEORGIA LAWS 1983 SESSION
867
whereupon the issuer shall refund the excess of the consideration
paid for the contract, agreement, or instrument above the custom-
ary short rate for the expired term of the contract, agreement, or
instrument.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
PROBATE COURTS SCHEDULE OF COSTS CHANGED.
Code Section 15-9-60 Amended.
No. 426 (Senate Bill No. 31).
AN ACT
To amend Code Section 15-9-60 of the Official Code of Georgia
Annotated, relating to costs in the probate courts, so as to change the
court costs for certain services; to 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 15-9-60 of the Official Code of Georgia
Annotated, relating to costs in the probate courts, is amended by
striking subsections (a), (b), and (c) in their entirety and inserting in
lieu thereof new subsections (a), (b), and (c) to read as follows:
(a) The judges of the probate courts are entitled to the follow-
ing court costs for specific services:
868 GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Temporary letters of
administration:
Receiving applications; docketing
and filing applications; services in
determining necessity for
temporary administration and
entitlement of petitioner or other
nominee thereto; order
appointing; bond taking,
approving, and filing; issuing
oath; and issuing letters;
excluding recording cost...........
(2) Permanent letters of
administration:
Receiving applications; docketing
and filing applications; granting
and issuing citation and copy for
legal gazette; services in
determining statutory compliance
in publication of citation,
residence, and intestacy of
deceased, necessity for
administration, and entitlement
of petitioner or other nominee
thereto; order of appointment;
bond, taking, approving, and
filing; issuing oath; and issuing
letters; excluding recording cost . .
(3) Cost of probating wills in common
form:
Receiving and filing will; receiving
application; docketing and filing
application; hearing evidence on
probate and determining issue of
devisavit vel non; order of probate
and appointing executor; and
issuing letters; excluding
recording cost....................
$ 32.50
39.50
30.00
GEORGIA LAWS 1983 SESSION
869
(4) Cost of probating in solemn form:
Filing will for purpose of probating
in solemn form; receiving
application; docketing and filing
application; order for service,
including all citations issue in
connection therewith; hearing
evidence upon the probate and
determining issue of devisavit vel
non; order of probate and
appointing executor (or 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 examining
answer of guardian ad litem; and
copy of service; excluding
recording cost.....................
(6) Letters of guardianship of minors
(includes temporary and
permanent guardianships of the
person or property):
Receiving application; docketing
and filing application and issuing
all necessary citations, if any;
services in determining necessity
therefor and entitlement of
40.00
5.00
870
GENERAL ACTS AND RESOLUTIONS, VOL. I
petitioner or other nominee
thereto; order appointing
guardian; bond, taking, approving,
and filing (person or property);
issuing oath; and issuing letters;
excluding recording cost..........
(7) Years support:
All services of the probate court
(except sheriff service and
advertising), excluding recording
cost..........................
Recording certificate in superior
court...............................
(8) Conveying or encumbering a years
support:
Whole service, excluding recording
cost. . ........ ...... ............
(9) Division in kind:
Receiving application; docketing
and filing application; order
appointing freeholders;
commission to freeholders; and
recording plat (see clerks fees);
excluding recording cost............
32.50
39.50
3.00
26.00
39.50
GEORGIA LAWS 1983 SESSION
871
(10) Compromise claim:
Receiving application; docketing
and filing application; services in
hearing evidence for
determination of the matter; and
final order; excluding recording
cost....................................... 26.00
(11) Returns Annual and final:
Receiving return; filing, docketing,
and examining annual and final
returns of executors,
administrators, guardians, and
trustees; oath; and order
admitting, return to record:
Of all estates worth not more
than $5,000.00, excluding
recording cost.............................. 16.00
Of all estates worth more than
$5,000.00, excluding record-
ing cost...................................... 20.00
(12) Dismission of administrator,
executor, or guardian:
Receiving application; docketing
and filing application; granting
citation; services in determining
statutory compliance in
publication of citation and
entitlement of applicant to
dismission; and issuing letters;
excluding recording cost..........
25.00
872
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) Habeas corpus:
Receiving application; docketing
and filing application; issuance of
writ; filing answer of respondent;
excluding recording cost.................... 25.00
(14) Order of title:
Receiving application; docketing
and filing application; granting
citation; hearing evidence and
determining matter; order;
excluding recording cost. .................. 17.50
(15) Establishment of lost papers:
Receiving application; docketing
and filing application; granting
citation or notice; order; excluding
recording cost......... 17.50
(16) Constitutional homesteads:
For the whole service in setting
apart of homestead of realty and
personalty when not litigated............... 20.00
Where objections are filed and
heard, in addition to the
proceedings................................. 7.50
Surveyor, actual charge made (not
included in fee base)..........
GEORGIA LAWS 1983 SESSION
873
(17) Statutory homestead (pursuant to
Code Section 44-13-100):
For whole services in setting apart
short homestead exemption ........... ........ 12.50
(18) Nonwaiverable homestead
exemption (pursuant to Code
Section 44-13-42):
Short homestead, $300.00 limit................ 4.00
(19) 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..................... 45.00
For services when petition filed but
subsequently withdrawn or
dismissed before hearing..................... 24.00
(20) Letters of guardianship for
mentally ill, mentally retarded,
or mentally incompetent:
For whole service, including hearing
($45.00) and appointment of
guardianship ($30.00)..................... 75.00
(21) Inventory and appraisement:
Whole service for inventory,
excluding recording cost..................... 10.00
Whole service for appraisement,
excluding recording cost..................... 10.00
874
GENERAL ACTS AND RESOLUTIONS, VOL. I
(22) Sale of realty, personalty, or
perishable property under
administration or guardianship:
Sale of perishable personalty,
excluding recording cost................. 25.00
(23) Leave of sale of realty and
nonperishable personalty:
Public sale....................................... 25.00
Private sale...................................... 40.00
(24) Sale bill:
Whole service for same, excluding
recording cost.......................... 4.00
(25) No administration:
Receiving application; filing and
docketing same; granting and
issuing citation and copy for legal
gazette; service in determining
statutory compliance in
publication of citation, intestacy
of decedent, his heirs and his
being sui juris, property of
decedent, no debts, and
agreement to amicably divide
estate, etc.; and issuing order of
No Administration Necessary;
excluding recording cost........
37.50
GEORGIA LAWS 1983 SESSION
875
(26) Petition for attorneys fee:
Receiving application; filing and
docketing the same; services in
hearing and determining
allegations of applications; and
order; excluding recording cost................. 25.00
(27) Public safety patrol trial:
Holding trial.................................... 8.00
Receiving written application for warrant...... 4.50
(28) Petition for change of birth
certificate:
Whole service for same.......................... 24.00
(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................................ 3.50
(3) Photostatic copies (for use as plain
copies or as parts of cert, copies),
per page..................................... .25
(4) All contested hearings (uncontested
hearings included in base fee), per
day
25.00
876
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) All contested hearings (uncontested
hearings included in base fee), per
one-half day or less...................... 15.00
(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 publication
costs of citations, notices, etc., at
the usual legal rate, in all manner
when such required. For receiving
any application, petition, or case
where no costs are prescribed................ $ 10.00
(2) For every case litigated before the
judge of the probate court where
no costs are prescribed, per day................... 25.00
(3) For every case litigated before the
judge of the probate court where
no costs are prescribed, per one-
half-day minimum charge ..................... 15.00
(4) For filing and docketing any
application, petition, or case
where no costs are prescribed................ 10.00
(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) ..................
2.00
GEORGIA LAWS 1983 SESSION
877
(6) For each affidavit where no case is
pending before judge of the
probate court................................... .50
(7) For issuing process against a person
for not making return......................... 12.50
(8) For rule nisi................................... 12.50
(9) For each subpoena................................. .50
(10) For hearing election contests, to be
taxed as cost per day......................... 20.00
(11) For certificate of residency ................. 3.00
(12) For recording marks and brands..... 3.50
(13) For bond when necessary......................... 5.00
(14) For recording vouchers........................... .25
(15) Base fee for entering an appeal and
transmitting the proceeding to
superior court................................. 7.50
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 transcript of
evidence.)
878
GENERAL ACTS AND RESOLUTIONS, VOL. I
(16) For filing and recording an official
bond of county officers (to be
paid by county) .............................. 3.00
(17) For taking and recording oath of
county officer (to be paid by
county)......................................... 3.00
(18) For each fi. fa. issued by the clerk of
the probate court............................... 2.00
(19) For seal and certificate ....................... 3.00
(20) Disabled veterans, certificate of
eligibility, filing fee.... .................... 1.00
(21) For every explosive permit........................ 5.00
(22) For every peddlers license....................... 1.50
(23) For certified copy of letters of
administration, letters
testamentary, or guardianship,
including seal and certificate.................. 3.00
(24) For services in making settlement of
accounts of executors,
administrators, and guardians
(when contested)........................... 25.00
GEORGIA LAWS 1983 SESSION
879
(25) For registration of corporation,
business profession, or commodity
subject to special tax, each................... 1.00
(26) For every pistol license issued................. 15.00
(27) For preparing all papers, appointing
managers, consolidating returns in
general and special election, each
ballot box ............ ....................... 22.50
(28) For petition for removal or
accounting by any fiduciary
(whole service does not include
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 information
sought is not therein.... 1.50
(30) For safekeeping a will....................... 5.00
(31) For petition to encroach if amount
of encroachment is $500.00 or less.......... 7.50
(32) For petition to encroach over
$500.00.................................... 12.50
(33) For granting letters of
administration CTA, DBN, or
DBN-CTA, whole service..................... 45.00
880
GENERAL ACTS AND RESOLUTIONS, VOL. I
(34) For granting letters to successor
executor..................................... 30.00
(35) For petition to determine heirs............... 40.00
(36) For petition to enter safe-deposit
box.......................................... 12.50
(37) For receiving marriage application,
issuing marriage license, and
recording (whole service).................... 10.00
(38) For petition to accept funds for
custody of minors, incompetents,
and missing heirs (percentage 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.
Section 2. This Act shall become effective upon its approval by
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 March 18,1983.
GEORGIA LAWS 1983 SESSION
881
PRACTICE OF MEDICINE REQUISITES FOR
TAKING LICENSING EXAMINATION CHANGED.
Code Section 43-34-27 Amended.
No. 427 (House Bill No. 400).
AN ACT
To amend Code Section 43-34-27 of the Official Code of Georgia
Annotated, relating to the licensing requirements for persons engaged
in the practice of medicine, so as to delete the provision authorizing a
graduate to stand a regular examination to practice medicine before
completing a years training as an intern; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-34-27 of the Official Code of Georgia
Annotated, relating to the licensing requirements for persons engaged
in the practice of medicine, is amended by striking paragraph (2) of
subsection (a) in its entirety and inserting in lieu thereof a new
paragraph (2) to read as follows:
(2) Any such graduate after completing a years training as an
intern as required by paragraph (3) of this subsection shall be eligible
to stand any regular examination given by the board for a license to
practice medicine in this state. However, before such person shall be
eligible to receive a license to practice medicine in this state, he shall
furnish the board with satisfactory evidence of attainments and
qualifications under this Code section and the rules and regulations of
the board. Nothing contained in this Code section shall be construed
so as to require a person who has previously passed an examination
given by the board for a license to practice medicine in this state to
stand another examination.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
882
GENERAL ACTS AND RESOLUTIONS, VOL. I
MEDICAL PRACTICE ^REPORTS RELATING TO
DENIALS, REVOCATIONS OR RESTRICTIONS OF
MEDICAL STAFF PRIVILEGES, ETC.
Code Section 31-7-8 Amended.
Code Section 33-3-27 Amended.
No. 428 (House Bill No. 639).
AN ACT
To amend Code Section 31-7-8 of the Official Code of Georgia
Annotated, relating to reports of certain disciplinary actions against
persons authorized to practice medicine, so as to change the condi-
tions under which those reports are required; to amend Chapter 3 of
Title 33 of the Official Code of Georgia Annotated, relating to
authorization and general requirements for transaction of insurance,
so as to require reports concerning medical malpractice claims; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 31-7-8 of the Official Code of Georgia
Annotated, relating to reports of certain disciplinary actions against
persons authorized to practice medicine, is amended by striking
subsection (a) thereof and inserting in its place a new subsection (a)
to read as follows:
(a) The hospital administrator or chief executive officer of each
institution subject to this chapter shall submit a written report to the
Composite State Board of Medical Examiners when a person who is
authorized to practice medicine in this state under Chapter 34 of Title
43 and who is a member of the medical staff at the institution, has
medical staff privileges at the institution, or has applied for medical
staff privileges at the institution has his medical staff privileges
denied, restricted, or revoked for any reason involving the medical
care given his patient. Each such administrator or officer shall also
report to the board resignations from practice in that institution by
persons licensed under Chapter 34 of Title 43. This Code section
shall not require reports of temporary suspensions for failure to
comply with medical record regulations.
GEORGIA LAWS 1983 SESSION
883
Section 2. Chapter 3 of Title 33 of the Official Code of Georgia
Annotated, relating to authorization and general requirements for
transaction of insurance, is amended by adding at the end a new Code
Section 33-3-27 to read as follows:
33-3-27. (a) For the purposes of this Code section, the term
medical malpractice claim means any claim for damages resulting
from the death of or injury to any person arising out of health,
medical, or surgical service, diagnosis, prescription, treatment, or care
rendered by a person authorized by law to practice medicine in this
state or by any person acting under such persons supervision and
control.
(b) Every insurer providing medical malpractice insurance cov-
erage in this state shall notify in writing the Composite State Board of
Medical Examiners when it pays a judgment in excess of $10,000.00 or
enters into an agreement to pay an amount in excess of $10,000.00 to
settle a medical malpractice claim against a person authorized by law
to practice medicine in this state; such judgments or agreements shall
be reported to the board regardless of the dollar amount if the records
of the insurer establish that there have been two or more previous
judgments against or settlements with a licensed physician which
relate to the practice of medicine. Such notice shall be sent within 30
days after the judgment has been paid or the agreement has been
entered into by the parties involved in the claim.
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 18,1983.
884
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE-WIDE SYSTEM OF MAGISTRATE COURTS
CREATED JUSTICE COURTS ABOLISHED, ETC.
No. 429 (House Bill No. 121).
AN ACT
To implement certain changes required by Article VI of the
Constitution of the State of Georgia; to amend Title 15 of the Official
Code of Georgia Annotated, relating to courts, so as to provide for a
magistrate court in each county and for the jurisdiction, powers,
officers, proceedings, and operation of such courts; to abolish consta-
bles, justices of the peace, and justice courts; to amend the Official
Code of Georgia Annotated, so as to delete references to justices of the
peace and their court and to change other references so that they refer
to magistrates and magistrate courts; to repeal certain specific Code
sections and chapters of the Official Code of Georgia Annotated,
relating to constables, justices of the peace, and justice courts and
proceedings therein; to repeal Chapter 22 of Title 15 of the Official
Code of Georgia Annotated, the Courts of Limited Jurisdiction
Compensation Act of 1982; to provide for the compensation of
officers who will become magistrates; to provide for the compensation
of certain probate judges; to provide for all other matters relative to
the foregoing; to provide effective dates; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Part 1
Section 1-1. It is the intent of this Act to implement certain
changes required by Article VI of the Constitution of the State of
Georgia.
Part 2
Section 2-1. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended by striking Chapter 10, relating to
justice of the peace courts, and inserting in its place a new Chapter 10,
relating to magistrate courts, to read as follows:
GEORGIA LAWS 1983 SESSION
885
CHAPTER 10
ARTICLE 1
15-10-1. There shall be one magistrate court in each county of the
state which shall be known as the Magistrate Court of___________
County.
15-10-2. Each magistrate court and each magistrate thereof shall
have jurisdiction and power over the following matters:
(1) The hearing of applications for and the issuance of
arrest and search warrants;
(2) Issuance of warrants and related proceedings as pro-
vided in Article 4 of Chapter 6 of Title 17, relating to bonds for
good behavior and bonds to keep the peace;
(3) The holding of courts of inquiry;
(4) The trial of charges of violations of county ordinances;
(5) The trial of civil claims including garnishment and
attachment in which exclusive jurisdiction is not vested in the
superior court and the amount demanded or the value of the
property claimed does not exceed $2,500.00;
(6) The issuance of summons, trial of issues, and issuance of
writs and judgments in dispossessory proceedings and distress
warrant proceedings as provided in Articles 3 and 4 of Chapter 7 of
Title 44;
(7) The punishment of contempts by fine not exceeding
$200.00 or by imprisonment not exceeding ten days or both;
(8) The administration of any oath which is not required by
law to be administered by some other officer;
(9) The granting of bail in all cases where the granting of
bail is not exclusively committed to some other court or officer;
(10) The issuing of subpoenas to compel attendance of
witnesses in the magistrate court; and
886
GENERAL ACTS AND RESOLUTIONS, VOL. I
(11) Such other matters as are committed to their jurisdic-
tion by other general laws.
15-10-2.1. (a) Any magistrate court in existence on June 30,
1983, which on that date has, under the law creating the court, any
jurisdiction over misdemeanor cases and over the enforcement of
municipal ordinances shall until July SO, 1985, continue to have the
same jurisdiction over such matters as it had on June 30,1983.
(b) This Code section shall be repealed effective July 1, 1985;
but any case in which a court assumed jurisdiction under this Code
section prior to July 1,1985, may be retained for disposition by that
court after that date.
15-10-3. (a) All magistrates, constables, and clerks of magis-
trate court shall before entering on the duties of their offices sub-
scribe before the judge of the probate court the oaths prescribed by
Code Sections 45-3-1 and 45-3-13 and the following oath:
I swear or affirm that I will duly and faithfully perform all
the duties required of me as (magistrate, constable, or clerk of
magistrate court) of_________County.
(b) The probate judge shall make an entry of the oath on the
minutes of the probate court and shall issue to the officer taking the
oath a certificate which shall serve as the officers commission.
(c) In the case of a probate judge serving as a magistrate, a clerk
of superior court serving as clerk of magistrate court, or a sheriff or
sheriffs deputy serving as constable, no oath, certificate, or commis-
sion shall be required except the oath and commission of the probate
judge as probate judge, clerk of superior court as clerk of superior
court, or sheriff or deputy as such.
15-10-4. The magistrate court shall not have fixed terms. The
chief magistrate shall provide for sessions of court to be held at such
times and in such places, within or without the county seat, as are
necessary or convenient.
15-10-5. The county governing authority shall provide suitable
offices and courtrooms for the use of the magistrate court and shall
supply all fixtures, supplies, and equipment necessary for the proper
functioning of the magistrate court.
GEORGIA LAWS 1983 SESSION
887
15-10-6. The chief magistrate may with the approval of the chief
judge of superior court adopt local rules for the court not inconsistent
with law and the rules adopted by the Supreme Court.
ARTICLE 2
15-10-20. (a) Each magistrate court shall have a chief magis-
trate and may have one or more other magistrates. Such magistrates
shall be the judges of the magistrate court and shall be known as
magistrates of the county. Unless otherwise provided by local law, the
number of magistrates in each county shall be fixed from time to time
by majority vote of the judges of the superior court of the county, but
no magistrate shall be removed from office during a term of office
except for cause as provided by Code Sections 15-10-24 and 15-10-25.
The number of magistrates authorized for the county shall be one
magistrate until increased by the judges of superior court or by local
law; but this subsection shall not operate to remove a magistrate from
office during his term of office.
(b) The term of office of any magistrate taking office prior to
January 1,1985, shall expire on December 31,1984, except that this
paragraph shall not operate to shorten any term of office in violation
of Article VI, Section X, Paragraph II of the Constitution. The term
of office of any magistrate taking office on or after January 1, 1985,
shall be for four years beginning on the first day of an odd-numbered
year, except that in selecting magistrates to fill newly created posi-
tions or if otherwise necessary, a magistrate may be selected for a
term of less than four years to expire on the last day of an even-
numbered year.
(c) (1) Unless otherwise provided by local law, all magistrates,
other than the officers becoming magistrates pursuant to Code
Section 15-10-120, who are selected to take office prior to January
1, 1985, shall be selected as provided in this subsection. The
judges of the superior court of the county shall by majority vote
appoint as chief magistrate either an officer becoming a magis-
trate pursuant to Code Section 15-10-120 or some other person
meeting the qualifications specified in subsection (a) of Code
Section 15-10-22. Any other magistrates, other than the officers
becoming magistrates pursuant to Code Section 15-10-120, shall
be appointed by the chief magistrate with the consent of the
judges of superior court.
888
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) (A) If the chief magistrate so selected is an officer
becoming a magistrate pursuant to Code Section 15-10-120,
then his term as chief magistrate will be as provided by this
paragraph.
(B) If the term which he was serving on June 30,1983,
will expire on the last day of 1984 or 1986, then his term as
chief magistrate will likewise expire on the last day of 1984 or
1986.
(C) If the term which he was serving on June 30,1983,
will expire other than on the last day of 1984 or 1986, then his
term as chief magistrate shall expire on December 31, 1984,
even though he is granted a longer term as magistrate by
Article VI, Section X, Paragraph II of the Constitution; but
his term as magistrate shall not be shortened in violation of
said paragraph of the Constitution. In any case covered by
this subparagraph, the person whose term as chief magistrate
expires December 31,1984, but who is granted by the Consti-
tution a longer term as magistrate shall be eligible to succeed
himself for a four-year term as chief magistrate beginning
January 1, 1985, if he resigns his current term as magistrate
prior to beginning such four-year term as chief magistrate.
(d) Unless otherwise provided by local law, all magistrates
taking office on or after January 1,1985, shall be selected as provided
in this subsection. The chief magistrate shall be elected by the voters
of the county at the general election next preceding the expiration of
the term of the incumbent chief magistrate, in a partisan election in
the same manner as county officers are elected, for a term beginning
on the first day of January following his election. His successors shall
likewise be elected quadrennially thereafter for terms beginning on
the first day of January following their election. Magistrates other
than the chief magistrate shall be appointed by the chief magistrate
with the consent of the judges of superior court. The term of a
magistrate so appointed shall run concurrently with the term of the
chief magistrate by whom he was appointed.
(e) Unless otherwise provided by local law, a vacancy in the
office of chief magistrate shall be filled by an appointment by
majority vote of the judges of superior court for the remainder of the
unexpired term; and a vacancy in the office of any other magistrate
shall be filled by an appointment by the chief magistrate with the
GEORGIA LAWS 1983 SESSION
889
consent of the judges of superior court for the remainder of the
unexpired term. If, however, a vacancy occurs which does not reduce
the number of magistrates for the county below the number of
magistrates authorized for the county, then such vacancy shall not be
filled.
(f) The General Assembly may by local law provide for the
number of magistrates of a county, provide for a different method of
selecting magistrates than that specified in subsections (c) and (d) of
this Code section, and provide for a different method of filling
vacancies than that specified in subsection (e) of this Code section.
(g) The General Assembly may at any time provide by local law
that the probate judge shall serve as chief magistrate and provide for
compensation of the probate judge in his capacity as chief magistrate;
and in such a case the chief magistrate shall not be separately elected
but shall be the probate judge. In the absence of local law, the judges
of superior court may, with the consent of the probate judge, provide
that the probate judge shall serve as chief magistrate until January 1,
1985, and provide for his compensation in such capacity. Any com-
pensation paid under this subsection shall be paid from county funds.
15-10-21. The chief magistrate shall assign cases among the
several magistrates of the county and shall decide any disputes
between the magistrates of the county.
15-10-22. (a) Each magistrate shall have been a resident of the
county for one year next preceding the beginning of his term of office
and shall as of such date be at least 21 years of age and shall possess a
high school diploma or its equivalent. However, an officer becoming a
magistrate pursuant to Code Section 15-10-120 shall be eligible to the
office of magistrate without the necessity of meeting these qualifica-
tions. Additional qualifications for the office of chief magistrate or
magistrate or both may be imposed by local law.
(b) A magistrate who is an attorney may practice in other courts
but may not practice in his own court or appear in any matter as to
which his court has exercised any jurisdiction.
15-10-23. (a) Unless otherwise provided by local law, the chief
magistrate of each county other than those counties where the
probate judge serves as chief magistrate shall receive a minimum
annual salary of the amount fixed in the following schedule:
890
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 - or more
Minimum Salary
$ 3,950.00
5.885.00
6.710.00
7.500.00
8.910.00
9.720.00
10.320.00
13.475.00
17.700.00
The minimum salary for each affected magistrate shall be fixed
from the above table 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. The county governing authority
may supplement the minimum annual salary of the chief magistrate
in such amount as it may fix from time to time; but no chief
magistrates compensation or supplement shall be decreased during
any term of office.
(b) Unless otherwise provided by local law, each magistrate
other than the chief magistrate shall receive a minimum monthly
salary of $50.00 per month. The salary of each magistrate other than
the chief magistrate may be supplemented by the county governing
authority in such amount as it may fix from time to time; but no such
magistrates compensation or supplement shall be decreased during
any term of office.
(c) Magistrates shall be compensated solely on a salary basis and
not in whole or in part from fees; and the salaries and supplements of
all magistrates shall be paid in equal monthly installments from
county funds.
(d) The General Assembly may by local law fix the compensa-
tion of any or all of a countys magistrates.
(e) Notwithstanding the provisions of subsection (a) of this Code
section, unless otherwise provided by local law, in any county in which
more than 70 percent of the population 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 minimum annual salary of the chief
GEORGIA LAWS 1983 SESSION
891
magistrate shall be $2,500.00, which minimum annual salary may be
supplemented by the county governing authority as in other cases;
and the salary of each magistrate other than the chief magistrate shall
be fixed by the county governing authority without regard to the
minimum specified by this Code section.
15-10-24. Magistrates shall be subject to discipline, removal, and
involuntary retirement by the Judicial Qualifications Commission.
15-10-25. (a) All magistrates shall periodically satisfactorily
complete a training course as provided in Article 8 of this chapter. A
magistrate who is an active member of the State Bar of Georgia shall
be exempt from such training requirements after he has completed
the initial 40 hour training requirement.
(b) The Georgia Magistrate Courts Training Council shall keep
records of training completed by magistrates.
(c) If any magistrate does not satisfactorily complete the
required training in any year, the Georgia Magistrate Courts Training
Council shall promptly notify the Judicial Qualifications Commission
which shall remove the magistrate from office unless the Judicial
Qualifications Commission finds that the failure was caused by facts
beyond the control of the magistrate.
(d) The reasonable costs and expenses of such training shall be
paid by the county governing authority from county funds.
15-10-26. In any case in which action is authorized under this
chapter to be taken by local Act or local ordinance, no local ordinance
shall be enacted which is inconsistent with a local Act.
15-10-27. (a) With respect to any county in which there exists
a civil court of the county continued in existence by Article VI,
Section X, Paragraph I, subparagraph (5) of the Constitution and in
which there are as of June 30, 1983, no officers who will become
magistrates pursuant to Code Section 15-10-120, the provisions of
this Code section shall control over any other conflicting provisions of
this chapter.
(b) In any county subject to this Code section the judge of such
civil court shall serve as chief magistrate for a term of office concur-
rent with his term as judge of civil court. The chief judge of superior
892
GENERAL ACTS AND RESOLUTIONS, VOL. I
court of any such county shall fix the compensation to be received by
the chief magistrate for his services as chief magistrate, and such
compensation may be less than the minimum salary otherwise speci-
fied by this chapter.
(c) In any county subject to this Code section the clerk of civil
court shall serve as clerk of magistrate court and the sheriff and
deputies of civil court shall serve as constables of magistrate court.
ARTICLE 3
15-10-40. This article shall govern civil proceedings in the magis-
trate court.
15-10-41. (a) There shall be no jury trials in the magistrate
court.
(b) Appeals may be had from judgments returned in the magis-
trate court to the superior court of the county and the same provisions
now provided for by general law for appeals contained in Code
Section 5-3-29 shall be applicable to appeals from the magistrate
court, the same to be a de novo appeal.
15-10-42. Proceedings in the magistrate court shall not be subject
to Chapter 11 of Title 9, the Georgia Civil Practice Act.
15-10-43. (a) Actions shall be commenced by the filing of a
statement of claim, including the last known address of the defend-
ant, in concise form and free from technicalities. The plaintiff or his
agent shall sign and verify the statement of claim by oath or affirma-
tion. At the request of any individual, the judge or clerk may prepare
the statement of claim and other papers required to be filed in an
action. The statement of claim shall include the address at which the
plaintiff desires to receive the notice of hearing.
(b) A copy of the verified statement of claim shall be served on
the defendant, and such service shall be sufficient to give the court
jurisdiction in the premises. Service of said process shall be made
within the county as provided in this Code section. Service outside
the county shall be by second original as provided in Code Section 9-
10-72. Said service shall be made by any official or person authorized
by law to serve process in the superior court, by a constable, or by any
person sui juris who is not a party to, or otherwise interested in, the
GEORGIA LAWS 1983 SESSION
893
action, who is specially appointed by the judge of said court for that
purpose. When the claim and notice are served by a private individ-
ual, such individual shall make proof of service by affidavit, showing
the time and place of such service on the defendant.
(c) Upon the failure of the defendant to answer or appear for the
hearing, the plaintiff shall be entitled to judgment by default, without
further proof, when the claim of the plaintiff is for a liquidated
amount. Upon the failure of the defendant to answer or appear for
the hearing, the plaintiff may proceed to prove his damages and
receive judgment if the claim is for an unliquidated amount.
(d) An answer to the claim must be filed with the court or orally
presented to the judge of the court within 30 days after service of the
statement of claim on the defendant to avoid a default judgment. The
answer shall be in concise form and free from technicalities but must
admit or deny the claim of the plaintiff. The answer shall contain the
address at which the defendant desires to receive the notice of
hearing. If the answer is presented to the judge orally, the judge shall
reduce the answer to writing. A copy of the answer shall be forwarded
to the plaintiff and defendant with the notice of hearing. If an answer
is timely filed or presented, the judge shall within ten days of filing or
presentation of the answer notify the defendant and the plaintiff of
the calling of a hearing on the claim. The notice shall include the
date, hour, and location of the hearing which date shall be not less
than 15 nor more than 30 days after the date the notice is given. The
notice shall be served on the plaintiff and the defendant by registered
or certified mail to the address given by the plaintiff at the time he
files his claim and the address given by the defendant at the time he
files or presents his answer. The date of mailing shall be the date the
notice is given.
15-10-44. (a) The trial shall be conducted on the day set for the
hearing, or at such later time as the judge may set. Immediately prior
to the trial of any case, the judge shall counsel the parties to make an
earnest effort to settle the controversy by conciliation. If the parties
fail to settle their differences without a trial, the judge shall proceed
with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do
substantial justice between the parties according to the rules of
substantive law. All rules and regulations relating to pleading, prac-
tice, and procedure shall be liberally construed so as to administer
justice.
894
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) If the plaintiff fails to appear, the action may be dismissed
for want of prosecution, the defendant may proceed to a trial on the
merits, or the case may be continued as the judge may direct. If both
parties fail to appear, the judge may continue the case, order the same
dismissed for want of prosecution, or make any other just and proper
disposition thereof, as justice may require.
15-10-45. (a) If any defendant has a claim against the plaintiff
arising out of the transaction or occurrence that is the subject matter
of the plaintiffs claim which claim does not require for its adjudica-
tion the presence of third parties over whom the court cannot obtain
jurisdiction, such claim must be asserted by the defendant at or
before the hearing on plaintiffs claim or thereafter be barred.
(b) If any defendant has a claim against the plaintiff other than
a compulsory counterclaim described in subsection (a) of this Code
section, such claim may be asserted by the defendant at or before the
hearing on the plaintiffs claim.
(c) If any defendant asserts a claim against the plaintiff, the
defendant shall file with the court a statement of the claim in concise
form and free from technicalities. The defendant shall sign and verify
the statement of claim by oath or affirmation. At the request of a
defendant, the judge or clerk may prepare the statement.
(d) If the amount of a counterclaim exceeds the jurisdictional
limits of the magistrate court, the case shall be transferred to the state
court of the county or to the superior court of the county if there is no
state court.
(e) A counterclaim may in the discretion of the magistrate be
tried either separately or jointly with the plaintiffs claim.
15-10-46. (a) When the judgment is to be rendered and the
party against whom it is to be entered requests it, the judge shall
inquire fully into the earnings and financial status of such party and
shall have full discretionary power to stay the entry of judgment, to
stay execution, and to order partial payments in such amounts, over
such periods, and upon such terms as seem just under the circum-
stances and as will assure a definite and steady reduction of the
judgment until it is fully and completely satisfied.
GEORGIA LAWS 1983 SESSION
895
(b) The judge of the magistrate court shall not be obligated to
collect such deferred partial payments on judgments so rendered but,
if the plaintiff so requests, he may do so at the expense of the plaintiff
for clerical and accounting costs incurred thereby, not to exceed 10
percent of each payment.
15-10-47. A judgment of the magistrate court shall constitute a
lien on both the real and personal property of a defendant, regardless
of where such property is situated within the state. Said lien shall
become perfected at the time an execution based upon such judgment
is filed in the office of the clerk of the superior court for the
appropriate county and the entry thereof is made by the clerk in the
general execution docket for said county.
15-10-48. The statement of claim, verification, and notice shall be
in substantially the following form:
Magistrate Court of_____________County
State of Georgia
Plaintiff
Address
vs.
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a state-
ment of the plaintiffs claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiffs claim
which is to be filed with the court may be verified by the plaintiff or
his agent as follows:)
896
GENERAL ACTS AND RESOLUTIONS, VOL. I
STATE OF GEORGIA
COUNTY OF
________________, being first duly sworn on oath, says the foregoing
is a just and true statement of the amount owing by defendant to
plaintiff, exclusive of all setoffs and just grounds of defense.
Plaintiff
or agent
Sworn and subscribed
before me this______
day of_______, 19
Notary public
or attesting
official
Notice
TO:
Defendant
Home Address
or
Business
Address
You are hereby notified that as pep has made a claim and is
requesting judgment against you in the sum of__________dollars
($______), as shown by the foregoing statement. The court will
hold a hearing upon this claim at (address of court) at a time to be
set after your answer is filed.
GEORGIA LAWS 1983 SESSION
897
YOU ARE REQUIRED TO FILE OR PRESENT AN
ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SER-
VICE OF THIS CLAIM UPON YOU. IF YOU DO NOT
ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED
AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRIT-
ING OR MAY BE GIVEN ORALLY TO THE JUDGE.
If you have witnesses, books, receipts, or other writings
bearing on this claim, you should bring them with you at the time
of hearing.
If you wish to have witnesses summoned, see the court at once
for assistance.
If you have any claim against the plaintiff, you should notify
the court at once.
If you admit the claim, but desire additional time to pay, you
must come to the hearing in person and state the circumstances to
the court.
You may come with or without an attorney.
Magistrate of
_____________County
15-10-49. (a) Procedure in attachment cases shall be subject to
Chapter 3 of Title 18.
(b) Procedure in garnishment cases shall be subject to Chapter 4
of Title 18.
(c) Procedure in dispossessory proceedings and in distress war-
rant proceedings shall be subject to Articles 3 and 4 of Chapter 7 of
Title 44.
ARTICLE 4
15-10-60. This article governs trials of violations of county
ordinances which violations may be punished by incarceration or
monetary penalty. Nothing in this chapter shall grant to any county
more authority to enact or enforce such ordinances than the county
898
GENERAL ACTS AND RESOLUTIONS, VOL. I
has independently of this chapter. The punishment imposed for any
ordinance violation shall not exceed a fine of $500.00 or 60 days
imprisonment or both and shall not exceed the maximum punish-
ment specified by the ordinance.
15-10-61. There shall be no jury trials in the magistrate court.
Any defendant who is charged with one or more ordinance violations
may, at any time before trial, demand that the case be removed for a
jury trial to the state court of the county or to the superior court of the
county if there is no state court. Such a demand shall be written.
Upon such a demand the court shall grant the demand. Failure to so
demand removal of the case shall constitute a waiver of any right to
trial by jury which the defendant may otherwise have.
15-10-62. (a) Prosecutions for violations of county ordinances
shall be upon citation as provided in Code Section 15-10-63 or upon
accusation by the county attorney or such other attorney as the
county governing authority may designate; and such attorney shall be
the prosecuting attorney in cases tried upon accusation.
(b) Accusations of violations of county ordinances and citations
shall be personally served upon the person accused. Each accusation
shall state the time and place at which the accused is to appear for
trial. The accused shall not be arrested prior to the time of trial; but
any defendant who fails to appear for trial shall thereafter be arrested
on the warrant of the magistrate and required to post a bond for his
future appearance.
15-10-63. (a) The governing authority of any county may pro-
vide that ordinance violations may be tried upon citations with or
without a prosecuting attorney as well as upon accusations.
(b) Each citation shall state the time and place at which the
accused is to appear for trial, shall identify the offense with which the
accused is charged, shall have an identifying number by which it shall
be filed with the court, shall indicate the identity of the accused and
the date of service, and shall be signed by the county agent who
completes and serves it.
(c) Prosecutions for violations of county ordinances upon cita-
tions shall be commenced by the completion, signing, and service of a
citation by any agent of the county who is authorized by the county
governing authority to issue citations. The original of the citation
GEORGIA LAWS 1983 SESSION
899
shall be personally served upon the accused; and a copy shall
promptly be filed with the court.
(d) No person shall be arrested prior to the time of trial; but any
defendant who fails to appear for trial shall be arrested thereafter on
the warrant of the magistrate and required to post a bond for his
future appearance.
15-10-64. (a) Execution may issue immediately upon any fine
imposed by the court and not immediately paid.
(b) The sheriff of the county shall receive and house all persons
sentenced to confinement for contempt or violation of county ordi-
nances.
15-10-65. Review of convictions shall be by certiorari to the
superior court.
15-10-66. The county attorney or another attorney designated by
the county governing authority may act as prosecuting attorney.
ARTICLE 5
15-10-80. (a) Upon filing any civil action the plaintiff shall pay
a filing deposit as established by local court rule not to exceed $20.00
which shall cover all costs of the action except service of process.
(b) Upon filing any civil action thejalaintiff shall pay the actual
cost of serving each party required to be served but not more than the
amount of the fee charged by sheriffs for serving process for each
party to be served.
(c) For issuing a writ of fieri facias the fee charged shall be $2.00
which shall be paid by the person requesting the same.
(d) As between the parties, costs shall be taxed against the losing
party.
15-10-81. In cases of conviction of violation of county ordinances,
costs of $30.00 shall be taxed against the defendant.
15-10-82. For hearing an application for an arrest or search
warrant the fee charged shall be $5.00 but this fee may be waived by
900
GENERAL ACTS AND RESOLUTIONS, VOL. I
the issuing magistrate if he finds that because of the financial
circumstances of the party applying for the warrant or for other
reasons this fee should not be charged in justice.
15-10-83. For levying on executions and conducting judicial sales
constables shall collect the same fees as are charged by sheriffs.
15-10-84. For administering any oath other than in connection
with a matter before the court, a magistrate shall collect a fee of $1.00.
15-10-85. All fees, costs, and other funds collected by officers of
the magistrate court shall be accounted for and paid into the county
treasury not less often than once a month.
15-10-86. Law library fees shall not be charged unless otherwise
provided by local law.
15-10-87. When any case is transferred from the magistrate court
to the state court or superior court, the magistrate court shall
transmit to the state court clerk or superior court clerk the filing fee
paid to the magistrate court. The state court clerk or superior court
clerk shall file the case without further deposit against costs or filing
fee, but as between the parties the costs shall be as in other cases in
the state court or superior court.
ARTICLE 6
15-10-100. (a) Unless otherwise provided by local law, the
county governing authority may provide for the appointment of
constables by the chief magistrate. Constables so appointed shall
serve at the pleasure of the chief magistrate. The compensation of
constables so appointed shall be fixed by the county governing
authority.
(b) If no provision is made for the appointment of constables the
sheriff and his deputies shall perform the duties of constables.
(c) The General Assembly may by local law provide for the
appointment of constables and their salaries.
(d) All constables shall be compensated solely on a salary basis
and not in whole or in part from fees; and their salaries shall be paid in
equal monthly installments from county funds.
GEORGIA LAWS 1983 SESSION
901
(e) If there is more than one constable, one shall be appointed as
chief constable and shall supervise the other constables.
15-10-101. The eligibility for constable is the same as for magis-
trate.
15-10-102. The powers and duties of constables include the
following:
(1) To attend regularly all sessions of magistrate court;
(2) To promptly pay over money collected by them to the
magistrate court;
(3) To execute and return all warrants, summonses, execu-
tions, and other processes directed to them by the magistrate
court; and
(4) To perform such other duties as are required of them by
law or as necessarily appertain to their offices.
15-10-103. Constables shall exercise the power of arrest only with
a warrant or at the direction of and in the presence of a magistrate or
the judge of another court.
15-10-104. Constables shall not be subject to Chapter 8 of Title 35
relating to employment and training of peace officers.
15-10-105. (a) The General Assembly may provide by local law
for the superior court clerk to serve as clerk of magistrate court or for
the selection of some other person as the clerk of magistrate court and
for the compensation of the clerk of magistrate court. In the absence
of local law, the selection and compensation of the clerk of magistrate
court shall be as provided by subsections (b), (c), and (d) of this Code
section.
(b) With the consent of the clerk of superior court the county
governing authority may provide that the clerk of superior court shall
serve as clerk of magistrate court and shall be compensated for his
services as clerk of magistrate court in an amount not less than
$200.00 per month. Such compensation shall be retained by the clerk
of superior court as his personal funds without regard to whether he is
otherwise compensated on a fee basis or salary basis or both.
902
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) If the clerk of superior court does not serve as clerk of
magistrate court, then the county governing authority may provide
for the appointment by the chief magistrate of a clerk to serve at the
pleasure of the chief magistrate. A clerk of magistrate court so
appointed shall be compensated in an amount fixed by the county
governing authority at not less than $200.00 per month.
(d) If there is no clerk of magistrate court, the chief magistrate
or some other magistrate appointed by the chief magistrate shall
perform the duties of clerk. A chief magistrate performing the duties
of clerk, or another magistrate appointed by the chief magistrate to
perform the duties of clerk, shall receive in addition to any other
compensation to which he is entitled compensation for performing
the duties of clerk, the amount of which compensation shall be fixed
by the county governing authority at not less than $200.00 per month.
(e) The compensation of the clerk or magistrate performing the
duties of clerk shall be paid in equal monthly installments from
county funds.
(f) The eligibility for clerk is the same as for magistrate.
(g) In any case any magistrate may perform any duty to be
performed by the clerk.
15-10-106. If necessary, the county governing authority may
provide for the appointment by the chief magistrate of secretaries and
other personnel to assist the magistrates or clerk or both. Personnel
so appointed shall serve at the pleasure of the chief magistrate. The
compensation of such personnel shall be fixed by the county govern-
ing authority and paid from county funds.
ARTICLE 7
15-10-120. (a) Except as otherwise provided in subsection (b)
of this Code section, on July 1, 1983, each of the following officers
shall become a magistrate of the county in which he formerly exer-
cised jurisdiction:
(1) Each justice of the peace in office on June 30,1983;
(2) Each notary public ex officio justice of the peace in office
on June 30,1983;
GEORGIA LAWS 1983 SESSION
903
(3) Each judge of a small claims court in office on June 30,
1983;
(4) Each magistrate or judge of a magistrate court in office
on June 30,1983; and
(5) Each judge of the County Court of Echols County.
(b) Any officer who was required to be certified under former
Article 5 of this chapter, The Georgia Justice Courts Training
Council Act, and who was not so certified as of June 30,1983, or any
officer holding over beyond the expiration of the term for which he
was selected shall not so become a magistrate on July 1,1983.
(c) Each magistrate taking office on July 1,1983, shall continue
in office for a term which shall expire on the date of expiration of the
term which he was serving in such other capacity. Such magistrates
may thereafter be reappointed or reelected as provided in Article 2 of
this chapter. However, at the expiration of the term of any magistrate
other than the chief magistrate, no magistrate shall be selected to
replace him unless the number of magistrates remaining in office is
less than the number fixed by local law or by the judges of superior
court under Code Section 15-10-20.
15-10-121. On July 1,1983, any matter pending in the court of an
officer referred to in Code Section 15-10-120 shall by operation of law
be transferred to the magistrate court of the same county. Such
pending matters shall be decided by the magistrate court of the
county even if the magistrate court would not otherwise have jurisdic-
tion over the case.
15-10-122. This chapter, the Act enacting this chapter, and future
Acts amending this chapter shall not be construed as laws affecting
municipal courts, county recorders courts, or the civil courts of
Richmond and Bibb counties.
15-10-123. Unless otherwise apparent from the context, refer-
ences in local laws to justices of the peace and their courts shall be
deemed on and after July 1, 1983, to refer to magistrates and
magistrate courts.
904
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 8
15-10-130. This article shall be known and may be cited as The
Georgia Magistrate Courts Training Council Act.
15-10-131. As used in this article, the term:
(1) Certified magistrate means a magistrate judge who has
the appropriate required certificate of training issued by the
council and on file with the council.
(2) Council means the Georgia Magistrate Courts Training
Council.
(3) School means any school, college, university, academy,
or training program approved by the council and the Judicial
Council of Georgia which offers basic, in-service, advanced, spe-
cialized, or continuing judicial training or a combination thereof,
and includes within its meaning a combination of course curricu-
lum, instructors, and facilities which meet the standards required
by the council.
15-10-132. (a) There is established a council which shall be
known and designated as the Georgia Magistrate Courts Training
Council and which shall be composed of the director of the Adminis-
trative Office of the Courts or his designee, which member shall not
be a voting member, and five magistrate judges, either elected or
appointed, who shall be appointed by the Governor for terms of two
years.
(b) Membership on the council does not constitute public office
and no member shall be disqualified from holding office by reason of
his membership.
(c) Members of the Georgia Justice Courts Training Council
serving as of June 30, 1983, shall continue on and automatically
become members of the Georgia Magistrate Courts Training Council
with the same term and office as held on June 30,1983.
15-10-133. Immediately and before entering upon the duties of
office, the members of the Georgia Magistrate Courts Training Coun-
cil shall take the oath of office and shall file the same in the office of
the Judicial Council, which, upon receiving the oath of office, shall
issue to each member a certificate of appointment.
GEORGIA LAWS 1983 SESSION
905
15-10-134. (a) A chairman and vice-chairman shall be elected
at the first meeting of each calendar year.
(b) The director of the Administrative Office of the Courts or his
designee shall serve as secretary to the council.
(c) A simple majority of the members of the council shall consti-
tute a quorum for the transaction of business.
(d) The council shall maintain minutes of its meetings and such
other records as it deems necessary.
(e) The council shall report at least annually to the Governor
and to the General Assembly as to its activities.
15-10-135. The members of the council shall receive no salary
but shall be reimbursed for their reasonable and necessary expenses
actually incurred in the performance of their functions; provided,
however, that such expenses shall not exceed those allowed to mem-
bers of the General Assembly.
15-10-136. The council is vested with the following functions,
powers, and responsibilities:
(1) To make all the necessary rules and regulations to carry
out this article;
(2) To cooperate with and secure the cooperation of every
department, agency, or instrumentality of the state government or
its political subdivisions in furtherance of the purposes of this
article;
(3) To approve schools and to prescribe minimum qualifica-
tions for instructors at approved schools;
(4) To issue a certification to any magistrate judge satisfac-
torily complying with an approved training program established;
(5) To do any and all things necessary or convenient to
enable it wholly and adequately to perform its duties and to
exercise the power granted to it; and
906
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) To prescribe, by rules and regulations, the minimum
requirements for curricula and standards composing the initial in-
service, advanced, specialized, and continuing training courses for
certification.
15-10-137. (a) Any person who takes office as a magistrate on
July 1, 1983, and who was certified under the former Justice Courts
Training Council shall satisfactorily complete 40 hours of training
prior to December 31, 1984, in order to become certified under this
article.
(b) Except as provided in subsection (a) of this Code Section,
any person who becomes a magistrate on or after July 1, 1983, shall
satisfactorily complete 40 hours of training in the performance of his
duties and shall attend the first scheduled training session held after
the date of his election or appointment in order to become certified
under this article.
(c) In order to maintain the status of a certified magistrate
judge, each person certified as such who is not an active member of
the State Bar of Georgia shall complete 20 hours of additional
training per annum during each calendar year after the year of his
initial certification in which he serves as a magistrate judge.
Part 3
Section 3-1. Code Section 5-3-29 of the Official Code of Georgia
Annotated, relating to de novo appeals to superior court, is amended
to read as follows:
5-3-29. An appeal to the superior court from a magistrate court
or probate court, and in any other case where not otherwise provided
by law, is a de novo investigation. It brings up the whole record from
the court below; and all competent evidence shall be admissible on
the trial thereof, whether adduced on a former trial or not. Either
party is entitled to be heard on the whole merits of the case.
Section 3-2. Code Section 5-3-31 of the Official Code of Georgia
Annotated, relating to damages for frivolous appeals, is amended to
read as follows:
5-3-31. If upon the trial of any appeal it shall appear to the jury
that the appeal was frivolous and intended for delay only, they shall
GEORGIA LAWS 1983 SESSION
907
assess damages against the appellant and his security, if any, in favor
of the appellee for such delay, not exceeding 25 percent on the
principal sum which they shall find due, which damages shall be
specially noted in their verdict.
Section 3-3. Subsection (a) of Code Section 9-10-5 of the
Official Code of Georgia Annotated, relating to written charges of
court in civil cases, is amended to read as follows:
(a) The judges of the superior, state, and city courts, when
counsel for either party requests it before argument begins, shall
write out their charges and read them to the jury; and it shall be error
to give any other or additional charge than that so written and read;
provided, however, that this Code section shall not apply when there
is an official court reporter in attendance thereon who records the full
charge of the trial judge in the case upon the direction of the court.
Section 3-4. Code Section 9-10-180 of the Official Code of
Georgia Annotated, relating to time limits for arguments of counsel, is
amended to read as follows:
9-10-180. Counsel shall be limited in their arguments to two
hours on a side.
Section 3-5. Subsection (b) of Code Section 9-12-86, relating
to recording of judgments, is amended to read as follows:
(b) No judgment, decree, or order or any writ of fieri facias
issued pursuant to any judgment, decree, or order of any superior
court, city court, magistrate court, municipal court, or any federal
court shall in any way affect or become a lien upon the title to real
property until the judgment, decree, order, or writ of fieri facias is
recorded in the office of the clerk of the superior court of the county in
which the real property is located and is entered in the indexes to the
applicable records in the office of the clerk. Such entries and record-
ings must be requested and paid for by the plaintiff or the defendant,
or his attorney at law.
Section 3-6. Code Section 9-13-163 of the Official Code of
Georgia Annotated, relating to judicial sales of perishable property, is
amended to read as follows:
908
GENERAL ACTS AND RESOLUTIONS, VOL. I
9-13-163. Whenever any personal property which is of a perish-
able nature or liable to deteriorate from keeping or the keeping of
which is attended by expense is levied on by virtue of any fi. fa.,
attachment, or other process, and the defendant fails to recover
possession of the same and it remains in the hands of the levying
officer, upon the facts being made plainly to appear to the judge of the
court from which the process has issued or to tbe judge of the superior
court of the county or to the judge of the probate court of the county
in which the levy has been made during the absence of the judge of the
superior court, it shall be the duty of the judge to order a sale of the
property. The sale shall be at the usual place of holding sheriffs sales
for the county where the property is located.
Section 3-7. Subsections (a) and (b) of Code Section 9-13-164 of
the Official Code of Georgia Annotated, relating to notice of judicial
sales, are amended to read as follows:
(a) The time and place of holding a sale under Code Section 9-
13-163 shall be advertised at the courthouse and at two other public
places at least ten days before the day of sale.
(b) The judge or judge of the probate court may order a sale of
livestock, fruit, or other personal property in a perishable condition,
after three days notice.
Section 3-8. Code Section 9-13-165 of the Official Code of
Georgia Annotated, relating to sales of perishable property under tax
fi. fas. or county court fi. fas., is amended to read as follows:
9-13-165. Whenever a tax fi. fa. is levied on property which is of
a perishable nature or is liable to deteriorate in value from keeping or
which is attended with expense in keeping, the same may be sold
under Code Sections 9-13-163 and 9-13-164.
Section 3-9. Subsection (c) of Code Section 10-1-186 of the
Official Code of Georgia Annotated, relating to stop-sale orders of
adulterated brake fluid, is amended to read as follows:
(c) Any brake fluid not in compliance with this part shall be
subject to seizure upon complaint of the Commissioner or any of his
agents, inspectors, or representatives to a superior court in the county
in which said brake fluid is located. In the event the court finds that
any brake fluid is adulterated or misbranded, it may order the
GEORGIA LAWS 1983 SESSION
909
condemnation of said brake fluid; and such brake fluid shall be
disposed of in any manner consistent with the rules and regulations of
the Commissioner and the laws of this state, provided that in no
instance shall the disposition of said brake fluid be ordered by the
court without first giving the claimant or owner of same an opportu-
nity to apply to the court for the release of said brake fluid or for
permission to process or label said brake fluid so as to bring it into
compliance with this part.
Section 3-10. Paragraphs (3) and (4) of Code Section 15-6-8 of
the Official Code of Georgia Annotated, relating to jurisdiction and
powers of superior courts, is amended to read as follows:
(3) To exercise appellate jurisdiction from judgments of the
probate or magistrate courts as provided by law;
(4) To exercise a general supervision over all inferior tribunals
and to review and correct, in the manner prescribed by law, the
judgments of:
(A) Magistrates;
(B) Municipal corporation or police courts or councils;
(C) Any inferior judicature;
(D) Any person exercising judicial powers; and
(E) Judges of the probate courts, except in cases touching
the probate of wills and the granting of letters of administration,
in which a jury must be impaneled;.
Section 3-11. Code Section 15-6-51 of the Official Code of
Georgia Annotated, relating to authority of clerks of superior courts
to sit as clerks of other courts, is amended to read as follows:
15-6-51. Clerks of the superior courts shall be eligible to hold
the office of clerk of the city or state court in the counties of their
residence, on taking the oath and giving bond and security as pre-
scribed by law.
Section 3-12. Code Section 15-6-89 of the Official Code of
Georgia Annotated, relating to additional remuneration of superior
court clerks, is amended to read as follows:
910
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, 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.
Section 3-13. Code Section 15-9-10 of the Official Code of
Georgia Annotated, relating to vacancies in office of the judge of
probate court, is amended to read as follows:
15-9-10. (a) Until a vacancy in the office of judge of the
probate court is filled, the chief judge of the city or state 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 commis-
sioners, the chief judge of the superior court shall fix the compensa-
tion 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
GEORGIA LAWS 1983 SESSION
911
compensation that the judge of the probate court was receiving at the
time the office became vacant.
Section 3-14. Subsection (a) of Code Section 15-9-13 of the
Official Code of Georgia Annotated, relating to replacement of the
judge of the probate court where he is disqualified or unable to act, is
amended to read as follows:
(a) Whenever a judge of the probate court is disqualified to act
in any case or because of sickness, absence, or any other reason is
unable to act in any case, the judge of the city or state court, as the
case may be, shall exercise all the jurisdiction of the judge of the
probate court in the case.
Section 3-15. Subsection (a) of Code Section 15-12-4 of the
Official Code of Georgia Annotated, relating to ineligibility of jurors
to serve at next succeeding terms, is amended to read as follows:
(a) Any juror who has served as a grand or trial juror at any
session of the superior courts, state courts, or city courts shall be
ineligible for duty as a juror at the next succeeding term of the court
in which he has previously served. Nothing herein contained shall
prevent any trial juror from serving as a grand juror at the next term
of the superior court of his county. This subsection shall not apply to
any court in any county wherein the grand jury box contains not
exceeding 100 names and the trial jury box contains not exceeding 350
names.
Section 3-16. Subsection (a) of Code Section 16-13-46 of the
Official Code of Georgia Annotated, relating to administrative
inspections and warrants, is amended to read as follows:
(a) Issuance and execution of inspection warrants shall be as
follows:
(1) A judge of the superior, state, city, or magistrate court,
or any municipal officer clothed by law with the powers of a
magistrate, upon proper oath or affirmation showing probable
cause, may issue warrants for the purpose of conducting inspec-
tions authorized by this article, or rules hereunder, and seizures of
property appropriate to the inspections. For purpose of the issu-
ance of inspection warrants, probable cause exists upon showing a
valid public interest in the effective enforcement of this article, or
912
GENERAL ACTS AND RESOLUTIONS, VOL. I
rules hereunder, sufficient to justify inspection of the area, prem-
ises, building, or conveyance in the circumstances specified in the
application for the warrant;
(2) A warrant shall issue only upon an affidavit of a desig-
nated officer, drug agent, or employee of the State Board of
Pharmacy having knowledge of the facts alleged, sworn to before
the judicial officer and establishing the grounds for issuing the
warrant. If the judicial officer is satisfied that grounds for the
application exist or that there is probable cause to believe they
exist, he shall issue a warrant identifying the area, premises,
building, registrant, or conveyance to be inspected, the purpose of
the inspection, and, if appropriate, the type of property to be
inspected, if any. The warrant shall:
(A) State the grounds for its issuance and the name of
each person whose affidavit has been taken in support
thereof;
(B) Be directed to persons authorized by Code Section
16-13-45 to execute it;
(C) Command the persons to whom it is directed to
inspect the area, premises, building, registrant, or conveyance
identified for the purpose specified and, if appropriate, direct
the seizure of the property specified;
(D) Identify the item or types of property to be seized,
if any; and
(E) Designate the judicial officer to whom it shall be
returned;
(3) A warrant issued pursuant to this Code section must be
executed and returned within ten days of its date unless, upon a
showing of a need for additional time, the court orders otherwise.
If property is seized pursuant to a warrant, a copy shall be
provided upon request to the person from whom or from whose
premises the property is taken, together with a receipt for the
property taken. The return of the warrant shall be made
promptly, accompanied by a written inventory of any property
taken. A copy of the inventory shall be delivered upon request to
the person from whom or from whose premises the property was
taken and to the applicant for the warrant;
GEORGIA LAWS 1983 SESSION
913
(4) The judicial officer who has issued a warrant shall attach
thereto a copy of the return and all papers returnable in connec-
tion therewith and file them with the clerk of the superior court
for the county in which the inspection was made.
Section 3-17. Code Section 17-4-40 of the Official Code of
Georgia Annotated, relating to persons authorized to issue arrest
warrants, is amended to read as follows:
17-4-40. Any judge of a superior, city, state, or magistrate court,
or any municipal officer clothed by law with the powers of a magis-
trate may issue his warrant for the arrest of any offender against the
penal laws, based either on his own knowledge or on the information
of others given to him under oath. Any warrant for the arrest of a
peace officer for any offense alleged to have been committed while in
the performance of his duties may be issued only by a judge of a
superior court, a judge of a state court, or a judge of a probate court.
Section 3-18. The introductory language of subsection (a) of
Code Section 17-6-3 of the Official Code of Georgia Annotated,
relating to recognizance bonds for military personnel, not including
the five paragraphs of the subsection, is amended to read as follows:
In the case of any person engaged in military service who is
charged with a misdemeanor and whose bond has been fixed at not
more than $400.00 plus costs, any sheriff shall be allowed to accept, in
lieu of bail, a recognizance bond executed and signed by the com-
manding officer of the person or the officers lawfully delegated
subordinates. Any person so charged may be taken into custody on
behalf of the military installation by his commanding officer or by
persons designated by the commanding officer of the military instal-
lation under the following terms and conditions:.
Section 3-19. Code Section 17-7-20 of the Official Code of
Georgia Annotated, relating to courts of inquiry, is amended to read
as follows:
17-7-20. Any judge of a superior or state court, judge of the
probate court, magistrate, or officer of a municipality who has the
criminal jurisdiction of a magistrate 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.
914
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3-20. Code Section 17-8-36 of the Official Code of
Georgia Annotated, relating to entry of continuances on court dock-
ets, is amended to read as follows:
17-8-36. The judges of the superior, state, and city courts shall,
upon the continuance of any case, enter the date of the continuance
upon their dockets opposite the case and in open court make public
announcement of the continuance.
Section 3-21. Subsection (a) of Code Section 17-8-54 of the
Official Code of Georgia Annotated, relating to written charges of
court in criminal cases, is amended to read as follows:
(a) The judges of the superior, state, and city courts shall, when
the counsel for either party requests it before argument begins, write
out their charges and read them to the jury; and it shall be error to
give any other or additional charge than that so written and read.
Section 3-22. Paragraph (1) of Code Section 17-13-1 of the
Official Code of Georgia Annotated, relating to applications for
extradition of fugitives, is amended to read as follows:
(1) The application for a requisition shall be made to the
Governor by a district attorney, prosecuting attorney of a state court,
judge of a city or state court, or the mayor of any municipal corpora-
tion of this state and must show the full name of the fugitive for whom
extradition is asked, the crime charged, the state or territory to which
he has fled, the full name of the person suggested to act as agent of
this state to receive and convey the fugitive to this state, the agent in
no case to be the prosecutor; but the Governor may, in his discretion,
appoint some other suitable person as agent of this state to receive
and convey the fugitive. The application must also show that the ends
of public justice require that the fugitive shall be brought back to this
state for trial and that the requisition is not wanted for the purpose of
enforcing the collection of a debt or for any private purpose whatever
but solely for the purpose of a criminal prosecution as provided by
law;.
Section 3-23. Subsection (a) of Code Section 24-8-24 of the
Official Code of Georgia Annotated, relating to establishment of lost
or destroyed papers, is amended to read as follows:
GEORGIA LAWS 1983 SESSION
915
(a) The owner of a lost or destroyed paper which is not an office
paper as defined in Code Section 24-8-20 who desires to establish the
same shall present to the clerk of the superior court of the county
where the maker of the paper resides, if the maker is a resident of this
state, a petition in writing, together with a copy, in substance, of the
paper lost or destroyed, as nearly as he can recollect, which copy shall
be sworn to by the petitioner, his agent, or his attorney.
Section 3-24. Code Section 24-10-27 of the Official Code of
Georgia Annotated, relating to witness fees for police officers, is
amended to read as follows:
24-10-27. Notwithstanding any other provision in this article,
any member of the Georgia State Patrol, Georgia Bureau of Invest-
igation, or municipal or county police force, or any deputy sheriff who
shall be required by writ of subpoena to attend any superior court,
other courts having jurisdiction to enforce the penal laws of this state,
municipal or police court having jurisdiction to enforce the penal laws
of this state as provided by Code Section 40-13-21, juvenile court, or
grand jury, or hearing or inquest held or called by a coroner, or
magistrate court involving any criminal matter, as a witness on behalf
of the state during any hours except the regular duty hours to which
the officer is assigned, shall be paid for such attendance at a rate fixed
by the court, but not less than the per diem paid grand jurors in the
preceding term of the superior court of such county or $20.00 per
diem, whichever is greater. The claim for the witness fees shall be
endorsed on the subpoena showing the dates of attendance and
stating that attendance was required during the hours other than the
regular duty hours to which the claimant was assigned. The claimant
shall verify this statement. The dates of attendance shall be certified
by the judge or the prosecuting attorney of the court attended. The
director of the Georgia Bureau of Investigation, the commanding
officer of the Georgia State Patrol, the chief of police, or the sheriff
shall certify that the claimant has been paid no additional compensa-
tion nor given any time off on account of such service. The amount
due shall be paid by the governing body authorized to dispense public
funds for the operation of the court. However, no such officer may
claim or receive more than one witness fee per day for attendance in
any court or before the grand jury regardless of the number of
subpoenas which the officer may have received requiring him to
appear in such court or before the grand jury on any one day.
916
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3-25. Code Section 31-21-20 of the Official Code of
Georgia Annotated, relating to the board for distribution of dead
bodies, is amended to read as follows:
31-21-20. Professors and demonstrators of anatomy and the
deans of medical and dental colleges incorporated under the laws of
this state shall constitute a board for the distribution and delivery of
dead bodies described in Code Section 31-21-21 to and among such
institutions as are entitled thereto. This board shall have power to
establish rules and regulations for its governance and to appoint and
remove its officers and shall keep minutes of its transactions. Records
shall be kept, under its direction, of all bodies received and distri-
buted and of the persons or institutions to whom they may be
distributed, which records shall be open at all times to the inspection
of members of this board, any district attorney, or prosecuting
attorney of any city or state court.
Section 3-26. Code Section 36-32-3 of the Official Code of
Georgia Annotated, relating to criminal jurisdiction of police and
recorders courts, is amended to read as follows:
36-32-3. All police court recorders and judges of all recorders
courts in this state shall have and are given the same powers and
authorities as magistrates in the matter of and pertaining to criminal
cases of whatever nature in the several courts of this state.
Section 3-27. Subsection (b) of Code Section 38-2-6 of the
Official Code of Georgia Annotated, relating to ordering organized
militia into active service, is amended to read as follows:
(b) Whenever any judge of a superior, city, or state court,
sheriff, or mayor of a municipality shall apprehend the outbreak of
insurrection, riot, breach of the peace, or combination to oppose the
enforcement of the law by force or violence within the jurisdiction of
which such officer is by law the conservator of the peace, or in the
event of disaster or other grave emergency, it shall be the duty of the
judge, sheriff, or mayor, when it appears that the unlawful combina-
tion or disaster has progressed beyond the control of the civil authori-
ties, to notify the Governor, and the Governor may then, in his
discretion, if he deems the apprehension well founded or the disaster
or emergency of sufficient magnitude, order into the active service of
the state for such period, to such extent, and in such manner as he
may deem necessary all or any part of the organized militia.
GEORGIA LAWS 1983 SESSION
917
Section 3-28. Subsection (b) of Code Section 40-11-4 of the
Official Code of Georgia Annotated, relating to liens for removal or
storage of automobiles, is amended to read as follows:
(b) The lien acquired under subsection (a) of this Code section
may be foreclosed in any court which is competent to hear civil cases,
including, but not limited to, magistrate courts. Liens shall be fore-
closed in magistrate courts only when the amount of the lien does not
exceed the jurisdictional limits established by law for such courts.
Section 3-28.1. Subsection (b) of Code Section 44-7-53, relating
to answer and trial in dispossessory cases, is amended to read as
follows:
(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 except that if the action is tried in the magistrate court the
trial shall be had in accordance with the procedures prescribed for
that court. 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 3-29. Code Section 44-7-71 of the Official Code of
Georgia Annotated, relating to applications for distress warrants, is
amended to read as follows:
44-7-71. When rent is due or the tenant is seeking to remove his
property, the landlord, his agent, his attorney in fact, or his attorney
at law may, upon a statement of the facts under oath, apply for a
distress warrant before the judge of the superior court, the state court,
the civil court, or the magistrate court within the county where the
tenant may reside or where his property may be found.
Section 3-30. Code Section 44-7-72 of the Official Code of
Georgia Annotated, relating to issuance of process regarding distress
warrants, is amended 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 magistrate court before whom it was made shall grant
918
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Section 3-30.1. Subsection (c) of Code Section 44-7-74, relating
to answer and trial in dispossessory warrant cases, is amended to read
as follows:
(c) 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 except that if the action is tried in the magistrate court the
trial shall be had in accordance with the procedures prescribed for
that court. Every effort shall 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 and his property pending the final out-
come of the litigation, provided that he complies with Code Section
44-7-75.
Section 3-31. Code Section 44-14-303 of the Official Code of
Georgia Annotated, relating to defenses to certain mortgage foreclo-
sures, is amended to read as follows:
44-14-303. The mortgagor may avail himself of any defense he
may have to the foreclosure in the same manner and upon the same
conditions as allowed by law in case of foreclosure of chattel mort-
gages in the superior courts. Whenever any such defense is filed by
the mortgagor, the magistrate issuing the execution shall have the
power and jurisdiction to hear and determine the issues made thereon
as in other cases at law.
Section 3-32. Code Section 45-3-31 of the Official Code of
Georgia Annotated, relating to officers commissions, is amended to
read as follows:
45-3-31. The commissions of all other civil officers except
officers of magistrate courts of the state or county shall be under the
GEORGIA LAWS 1983 SESSION
919
seal of the Office of the Governor, signed by the Governor, and
countersigned by one of his secretaries. All officers of the militia of
the grade of lieutenant or higher shall have commissions under the
seal of the office of the Governor.
Section 3-33. The first sentence of Code Section 45-11-4 of the
Official Code of Georgia Annotated, relating to malpractice in office,
is amended to read as follows:
Any judge of the probate court or member of any board of
commissioners who shall be charged with malpractice in office; or
with using oppression or tyrannical partiality; or with willfully refus-
ing or failing to preside in or hold his court at the regular terms
thereof, or when it is his duty under the law to do so; or with using any
other means to delay or avoid the due course or proceeding of law; or
with any other conduct unbecoming the character of an upright
magistrate; or who shall willfully and knowingly demand more cost
than he is entitled to by law in the administration and under color of
his office may be indicted.
Section 3-34. Code Section 48-4-1 of the Official Code of
Georgia Annotated, relating to procedure for sales under tax execu-
tions, is amended to read as follows:
48-4-1. If the levy is made upon real or personal property, the
property shall be advertised and sold as provided for fi. fas. and
judicial sales. Sales under tax executions shall be made under the
rules governing judicial sales.
Section 3-35. Subsection (f) of Code Section 48-5-359 of the
Official Code of Georgia Annotated, relating to sales of property for
taxes due municipalities, is amended to read as follows:
(f) The marshal of a municipality and other officers of the
municipality whose duty it is to collect the taxes and other revenues
of the municipality by levy and sale shall be subject to be ruled for
money in the hands of the officer arising from the public sale of any
property pursuant to process issued by the municipality. Action
pursuant to this Code section may be taken either in the superior
court, city court, or state court in the county where the municipality is
located and shall be accomplished in the same manner as sheriffs and
constables are ruled for the distribution of money coming into their
hands from the sale of any property.
920
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 4
Section 4-1. The following Code sections of the Official Code of
Georgia Annotated are amended by striking the terms justice of the
peace and justices of the peace wherever they occur and inserting
in their places the terms magistrate and magistrates, respec-
tively:
(1) Code Section 4-5-6, relating to destruction of diseased
and disabled animals;
(2) Code Section 9-10-113, relating to verification of plead-
ings;
(3) Code Section 9-12-18, relating to confession of
judgment;
(4) Code Section 9-12-80, relating to dignity of judgments;
(5) Code Section 9-15-9, relating to costs on recoveries of
less than $50.00;
(6) Code Section 9-15-11, relating to inclusion of costs in
judgments;
(7) Code Section 14-9-114, relating to acknowledgement of
certificates of limited partnership;
(8) Code Section 15-1-8, relating to disqualification of judi-
cial officers;
(9) Code Section 15-9-33, relating to authority of probate
courts to take oaths;
(10) Code Section 15-13-3, relating to demand for money
collected by court officers;
(11) Code Section 15-13-4, relating to grant of rule nisi;
(12) Code Section 15-13-7, relating to liability of court
officers to be ruled;
GEORGIA LAWS 1983 SESSION
921
(13) Code Section 15-13-8, relating to liability of court
officers to be ruled;
(14) Code Section 15-13-30, relating to court fees not
charged to the state;
(15) Code Section 19-3-30, relating to marriage licenses;
(16) Code Section 19-3-39, relating to certification of mar-
riage;
(17) Code Section 19-3-42, relating to marriages performed
by unauthorized officers;
(18) Code Section 19-3-46, relating to penalties for perform-
ing unauthorized marriages;
(19) Code Section 19-3-48, relating to penalties for perform-
ing illegal marriages;
(20) Code Section 29-2-82, relating to attestation of receipts
of guardians from wards;
(21) Code Section 35-3-36, relating to duties of criminal
justice agencies to submit data to the Georgia Crime Information
Center;
(22) Code Section 44-2-15, relating to attestation of regis-
terable instruments;
(23) Code Section 44-7-50, relating to dispossessory
demands;
(24) Code Section 44-7-51, relating to dispossessory sum-
mons;
(25) Code Section 44-14-231, relating to petitions for writs
of possession;
(26) Code Section 44-14-300, relating to foreclosure of mort-
gages on personal property;
922
GENERAL ACTS AND RESOLUTIONS, VOL. I
(27) Code Section 44-14-301, relating to notice of foreclo-
sure proceedings;
(28) Code Section 45-3-5, relating to oaths of county offi-
cers;
(29) Code Section 50-18-91, relating to definitions used in
the Georgia Records Act;
(30) Code Section 51-7-42, relating to malicious prosecution
in courts of inquiry;
(31) Code Section 53-7-166, relating to receipts of settle-
ment given to administrators and executors; and
(32) Code Section 53-12-152, relating to small claims
against trust estates.
Section 4-2. The following Code sections and chapters of the
Official Code of Georgia Annotated are stricken in their entirety and
each such Code section or chapter shall be designated in the Official
Code of Georgia Annotated as Reserved.:
(1) Chapter 2 of Title 5, relating to appeals to juries in
justice of the peace courts;
(2) Code Section 5-3-1, relating to appeals from county
courts and justice of the peace courts;
(3) Code Section 5-3-26, relating to written defenses in
appeals from justice of the peace courts;
(4) Code Section 5-4-4, relating to certiorari from justice of
the peace court cases tried by a jury;
(5) Code Section 15-16-17, relating to service of sheriffs in
justice of the peace courts;
(6) Chapter 17 of Title 15, relating to constables;
(7) Code Section 17-7-33, relating to billing and payment of
costs of justices of the peace and constables;
GEORGIA LAWS 1983 SESSION
923
(8) Code Section 24-7-22, relating to transcripts of proceed-
ings in justice of the peace courts;
(9) Code Section 24-8-23, relating to establishment of lost
papers injustice of the peace courts;
(10) Code Sections 36-2-5 through 36-2-7, relating to the
effect on justice of the peace courts of changes in militia district
lines; and
(11) Chapter 8 of Title 51, relating to actions for forcible
entry and detainer.
Part 5
Section 5-1. Chapter 21 of Title 15 of the Official Code of
Georgia Annotated, relating to payment and disposition of fines and
forfeitures, is amended by striking Code Section 15-21-2, relating to
payment into the county treasury, and inserting in its place a new
Code section to read as follows:
15-21-2. (a) The officers of the several courts, including the
prosecuting officers, shall pay into the county treasury of the county
where the court is held all moneys arising from fines and forfeitures
collected by them and, upon failure to do so, shall be subject to rule
and attachment as in the case of defaulting sheriffs.
(b) No officer shall be required to pay any money into the
treasury until all the legal claims on the funds held and owned by the
officer bringing the money into court in the particular case by which
the funds for distribution were brought into court have been allowed
and paid.
Section 5-2. Said chapter is further amended by striking Code
Section 15-21-6 which reads as follows:
15-21-6. Any officer of the county court having jurisdiction for
the trial of misdemeanors in any county or any notary public or
justice of the peace having a like claim for costs or before whom a
preliminary investigation has been conducted and also constables
having a like claim for costs shall present the same to the judge of the
county court in the form prescribed in Code Section 15-21-5. When an
order is approved and entered on the minutes of the county court, if
924
GENERAL ACTS AND RESOLUTIONS, VOL. I
any, and if not, on a book prepared and kept by the county court,
notary public, or justice of the peace for that purpose, the same shall
be a warrant on the county treasurer to be paid out of any fines and
forfeitures arising from proceedings in the county court, in accord-
ance with the laws providing for the distribution of fines and forfei-
tures in the superior court.,
and inserting in its place the following:
15-21-6. Reserved.
Section 5-3. Said chapter is further amended by striking Code
Section 15-21-11, relating to priorities for distribution, and inserting
in its place a new Code section to read as follows:
15-21-11. Unless otherwise provided by law, money arising
from fines for a violation of the penal laws or collected on forfeited
recognizances in the superior courts shall be first applied to the
extinguishment of the insolvent lists of the officers bringing the funds
into court and then to the orders of former officers in proportion to
their claims.
Section 5-4. Said chapter is further amended by striking Code
Section 15-21-12 which reads as follows:
15-21-12. (a) Costs due justices of the peace and constables in
the cases listed in subsection (b) of this Code section shall be paid out
of fines and forfeitures upon the order of the judge of the superior
court, are of equal dignity with the accounts of the officers of the
superior court, and are entitled to participate pro rata upon a
distribution of any funds arising from fines and forfeitures.
(b) This Code section shall apply to cases:
(1) When a party has been acquitted;
(2) When a party is unable to pay costs;
(3) In counties in which there are no county courts, when
persons have been bound over by the justice of the peace or have
been committed to jail in default of bail and the grand jury makes
a return of no bill;
GEORGIA LAWS 1983 SESSION
925
(4) When, after an investigation, the party has been dis-
charged by the justice of the peace;
(5) In counties where there are county courts, in felony
cases; and
(6) In misdemeanor cases in which an indictment has been
demanded.,
and inserting in its place the following:
15-21-12. Reserved.
Section 5-5. Said chapter is further amended by striking Code
Section 15-21-13, relating to priority of claims, and inserting in its
place a new Code section to read as follows:
15-21-13. (a) All claims for fees of solicitors of city courts,
sheriffs, clerks, and district attorneys shall be paid from the funds
arising from fines imposed in criminal cases before any claim or order
of any claimant or distributee shall be paid.
(b) Nothing contained in subsection (a) of this Code section
shall in any way affect the fines and forfeitures of any court whose
officers are on salaries and where the fines and forfeitures are
remitted to the county treasury.
Section 5-6. Said chapter is further amended by striking Article
2, relating to compensation of justices of the peace and constables in
certain criminal cases, and inserting in its place the following:
ARTICLE 2
Reserved.
Part 6
Section 6-1. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking from subsection (a) of
Code Section 21-2-5, relating to qualifications of candidates, the
following:
, except for the office of justice of the peace,.
926
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6-2. Said title is further amended by striking from
subsection (a) of Code Section 21-2-6, relating to qualifications of
candidates for county office, the following:
and for the office of justice of the peace.
Section 6-3. Said title is further amended by striking from Code
Section 21-2-9, relating to election dates, the following:
county officers, and justices of the peace,
and inserting in lieu thereof the following:
and county officers.
Section 6-4. Said title is further amended by striking from
paragraph (1) of subsection (a) of Code Section 21-2-131, relating to
qualification fees, the following:
, except that the fee for the office of justice of the peace shall be
$10.00.
Section 6-5. Said title is further amended by striking from
paragraph (1) of subsection(c) of Code Section 21-2-132, relating to
notice of candidacy, the following:
, except that such filing shall not apply to a candidate for a militia
district office (justice of the peace).
Section 6-6. Said title is further amended by striking from
subparagraph (C) of paragraph (4) of Code Section 21-2-497, relating
to election returns, the following:
, justice of the peace,.
Section 6-7. Said title is further amended by striking from
subsection (d) of Code Section 21-2-502, relating to certificates of
election, the following:
and justices of the peace,
and by striking from said subsection (d) the following:
GEORGIA LAWS 1983 SESSION
927
or justice of the peace.
Section 6-8. Said title is further amended by striking from
subparagraph (A) of paragraph (3) of Code Section 21-4-3, relating to
definitions pertaining to recall, the following:
except justices of the peace,
and by striking from subparagraph (B) of said paragraph (3) the
following:
and justices of the peace.
Section 6-9. Said title is further amended by striking from
paragraph (2) of subsection (b) of Code Section 21-4-12, relating to
recall elections, the following:
or justice of the peace,
by striking from paragraph (1) of subsection (d) of said Code section
tbe following:
other than a justice of the peace,
and by striking from paragraph (2) of subsection (d) of said Code
section the following:
or justice of the peace.
Section 6-10. Said title is further amended by striking from
paragraph (1) of subsection (a) of Code Section 21-5-5, relating to
campaign financial disclosure reports, the following:
and justices of the peace,
by striking from paragraph (3) of subsection (a) of said Code section
the following:
or for justice of the peace,
and by striking from paragraph (5) of subsection (g) of said Code
section the following:
928
GENERAL ACTS AND RESOLUTIONS, VOL. I
county officials, or justices of the peace,
and inserting in lieu of said immediately preceding stricken matter
the following:
or county officials.
Part 7
Section 7-1. Effective June 30,1983, Chapter 22 of Title 15 of
the Official Code of Georgia Annotated, the Courts of Limited
Jurisdiction Compensation Act of 1982, is repealed in its entirety.
Section 7-2. Not later than June 15, 1983, the governing
authority of each county shall fix the compensation to be received by
each officer other than a probate judge who will become a magistrate
pursuant to this Act. Such compensation shall not be less than the
minimum compensation specified by Code Section 15-10-23 of the
Official Code of Georgia Annotated enacted by this Act. The salaries
so fixed shall become effective on June 30, 1983. If, however, any
county governing authority fails to act under this section, it will be
deemed to have fixed for such officer a salary equal to the greater of
the salary he was receiving immediately prior to June 30,1983, or the
minimum specified by Code Section 15-10-23 enacted by this Act.
Probate judges formerly compensated under Chapter 22 of Title 15 of
the Official Code of Georgia Annotated shall, on and after June 30,
1983, continue to receive the same salary they were receiving immedi-
ately prior to that date but not less than the amount specified in Code
Sections 15-9-63 through 15-9-67; and such salary shall be in lieu of
any and all fees formerly received by such probate judges as compen-
sation for their services as probate judges, which fees shall be
accounted for and paid to the county treasury not less often than
monthly. This section shall not prohibit any otherwise lawful local
Act relating to any probate judges or magistrates compensation.
Section 7-3. As to any other matter which a county governing
authority or judges of superior court will after July 1, 1983, be
authorized to act upon under Chapter 10 of Title 15 of the Official
Code of Georgia Annotated, as enacted by this Act, the county
governing authority or judges of superior court may act prior to July
1, 1983, if the effective date of such action is delayed until July 1,
1983, or later.
GEORGIA LAWS 1983 SESSION
929
Section 7-4. With respect to each officer other than a probate
judge who becomes a magistrate on July 1,1983, pursuant to Article
VI, Section X, Paragraph II of the Constitution, the position or office
in which such officer was formerly serving shall be abolished for all
purposes immediately upon the expiration of the term of the incum-
bent; and no person shall be selected to fill such office thereafter.
This section shall not operate to shorten the term which any such
officer will serve as magistrate pursuant to said paragraph of the
Constitution and shall not operate to prevent any such officer from
thereafter being selected as a magistrate.
Part 8
Section 8-1. The provisions of Parts 3, 4, 5, and 6 of this Act
shall wherever possible be construed in harmony with other Acts of
the 1983 General Assembly. In the event of an irreconcilable conflict
between the provisions of Part 3,4,5, or 6 of this Act and another Act
of the 1983 General Assembly, the provisions of such other Act shall
control over the provisions of Part 3,4,5, or 6 of this Act.
Section 8-2. (a) Part 7 of this Act shall become effective upon
approval of this Act by the Governor.
(b) Except as provided in subsection (a) of this section, this Act
shall become effective July 1,1983.
Section 8-3. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 18,1983.
930
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELIGIBILITY REQUIREMENTS OF PERSONS
HOLDING OFFICE.
Code Title 21, Chapters 2 and 3 Amended.
No. 433 (House Bill No. 32).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to revise and update certain eligibility
requirements for persons holding office in this state as required by
Article II, Section II, Paragraph III of the Constitution of the State of
Georgia; to revise and update certain qualifications pertaining to a
persons right to register and vote as required by Article II, Section I,
Paragraph III of the Constitution of the State of Georgia; to revise
and correct certain references to the Constitution of the State of
Georgia; to provide for legislative intent; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article II, Section I, Paragraph III and Article II,
Section II, Paragraph III of the Constitution of the State of Georgia.
Section 2. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking Code Section 21-2-8 in its
entirety and inserting in its place a new Code Section 21-2-8 to read as
follows:
21-2-8. No person shall be eligible for party nomination for or
election to public office, nor shall he perform any official acts or
duties as a superintendent, registrar, deputy registrar, poll officer, or
party officer, as set forth in this chapter, in connection with any
election or primary held under this chapter, if under the laws of this
state, any other state, or the United States he has been convicted and
sentenced, in any court of competent jurisdiction, for fraudulent
violation of primary or election laws, malfeasance in office, or felony
involving moral turpitude, unless such persons civil rights have been
restored. In the event of the disqualification of the superintendent as
GEORGIA LAWS 1983 SESSION
931
described in this Code section, the clerk of the superior court shall act
in his stead.
Section 3. Said title is further amended by striking paragraph
(7) of subsection (e) of Code Section 21-2-132 in its entirety and
inserting in its place a new paragraph (7) to read as follows:
(7) That he has never been convicted and sentenced in any
court of competent jurisdiction for fraudulent violation of primary or
election laws, malfeasance in office, or felony involving moral turpi-
tude under the laws of this state or any other state or of the United
States, or that his civil rights have been restored; and.
Section 4. Said title is further amended by striking paragraph
(7) of subsection (e) of Code Section 21-2-153 in its entirety and
inserting in its place a new paragraph (7) to read as follows:
(7) That he has never been convicted and sentenced in any
court of competent jurisdiction for fraudulent violation of primary or
election laws, malfeasance in office, or felony involving moral turpi-
tude under the laws of this state or any other state or of the United
States, or that his civil rights have been restored; and.
Section 5. Said title is further amended by striking subsections
(a) and (b) of Code Section 21-2-217 in their entirety and inserting in
their places new subsections (a) and (b) to read as follows:
(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 _____________
932
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 -;v^
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 registra-
tion; that I am not registered to vote under any other name;
that I have correctly answered the questions appearing else-
where on this card under the words: Questions Propounded
to Applicant; and that the information contained on this card
is true.
(Sign here)
GEORGIA LAWS 1983 SESSION
933
Sworn to (or affirmed)
and subscribed before
me this___________day
of__________, 19__, at
the following location:
(Deputy) Registrar
QUESTIONS PROPOUNDED TO APPLICANT
Have you ever been convicted in any court of competent
jurisdiction of any felony 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? If sentence has been completed,
what was the date of completion?
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,
934
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 any felony 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
________________, or my sentence was completed 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___,
at the following location:
(Signature of official
administering oath)
GEORGIA LAWS 1983 SESSION
935
(Typed or printed name
and office of official)
(Typed or printed identification
number,if any, and address of
such official if security
requirements permit)
Section 6. Said title is further amended by striking subsection
(a) of Code Section 21-2-222 in its entirety and inserting in its place a
new subsection (a) to read as follows:
(a) If the answer to the question propounded to the applicant
relating to the offenses enumerated in Article II, Section I, Paragraph
III of the Constitution of Georgia is answered in the affirmative and
the applicant has not been pardoned or the applicant has not com-
pleted his sentence, the registration officer shall reject the applica-
tion. If such question is answered in the negative, the applicant shall
be immediately subjected to an examination as to his qualifications.
The examination of the applicant shall be conducted in accordance
with the procedure prescribed in this article.
Section 7. Said title is further amended by striking Code
Section 21-3-5 in its entirety and inserting in its place a new Code
Section 21-3-5 to read as follows:
21-3-5. No person shall be eligible for party nomination for or
election to municipal office, nor shall he perform any official acts or
duties as a superintendent, registrar, deputy registrar, poll officer, or
party officer, as set forth in this chapter, in connection with any
election or primary held under this chapter, if under the laws of this
state, any other state, or the United States he has been convicted and
sentenced, in any court of competent jurisdiction, for fraudulent
violation of primary or election laws, malfeasance in office, or felony
involving moral turpitude, unless such persons civil rights have been
restored.
936
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said title is further amended by striking paragraph
(7) of subsection (e) of Code Section 21-3-91 in its entirety and
inserting in its place a new paragraph (7) to read as follows:
(7) That he has never been convicted and sentenced in any
court of competent jurisdiction for fraudulent violation of primary or
election laws, malfeasance in office, or felony involving moral turpi-
tude under the laws of this state or any other state or of the United
States, or that his civil rights have been restored; and.
Section 9. Said title is further amended by striking paragraph
(7) of subsection (e) of Code Section 21-3-98 in its entirety and
inserting in its place a new paragraph (7) to read as follows:
(7) That he has never been convicted and sentenced in any
court of competent jurisdiction for fraudulent violation of primary or
election laws, malfeasance in office, or felony involving moral turpi-
tude under the laws of this state or any other state or of the United
States, or that his civil rights have been restored; and.
Section 10. This Act shall become effective July 1,1983.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 18,1983.
GENERAL ASSEMBLY -OATH OF OFFICE
OF MEMBERS.
Code Section 28-1-4 Amended.
No. 434 (House Bill No. 33).
AN ACT
To amend Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions relative to the General
GEORGIA LAWS 1983 SESSION
937
Assembly of Georgia, so as to provide for the oath of office of
members of the General Assembly; to change the provisions relating
to the administration of the oath of office; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement the provi-
sions of Article III, Section IV, Paragraph II of the Constitution of the
State of Georgia.
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions relative to the General
Assembly of Georgia, is amended by striking Code Section 28-1-4,
relating to the administration of the oath of office to members of the
General Assembly, in its entirety and inserting in lieu thereof a new
Code Section 28-1-4 to read as follows:
28-1-4. (a) In addition to any other oath prescribed by law,
each Senator and Representative, before taking the seat to which
elected, shall take the following oath:
I do hereby solemnly swear or affirm that I will support the
Constitution of this state and of the United States and, on all
questions and measures which may come before me, I will so
conduct myself, as will, in my judgment, be most conducive to the
interests and prosperity of this state.
(b) The oath of office prescribed by subsection (a) of this Code
section may be administered to the members of the General Assembly
by any Justice of the Supreme Court, Judge of the Court of Appeals,
or judge of the superior courts. Such Justice or judge shall be
procured by the person organizing each branch.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
938
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLE FINANCIAL RESPONSIBILITY
LAW AMENDED.
Code Section 33-7-11 Amended.
Code Title 40, Chapter 9 Amended.
No. 435 (House Bill No. 43).
AN ACT
To amend Code Section 33-7-11 of the Official Code of Georgia
Annotated, relating to motor vehicle liability and uninsured motorist
insurance, so as to provide for coverage for accidents caused by
unknown motorists where the unknown motorists vehicle does not
physically contact the insureds vehicle; to amend Chapter 9 of Title
40 of the Official Code of Georgia Annotated, the Motor Vehicle
Safety Responsibility Act, so as to redefine the term proof of
financial responsibility; to increase the amount of liability insurance
required; to provide when judgments shall be deemed satisfied; 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 33-7-11 of the Official Code of Georgia
Annotated, relating to motor vehicle liability and uninsured motorist
insurance, is amended by replacing paragraph (2) of subsection (b)
with a new paragraph to read as follows:
(2) A motor vehicle shall be deemed to be uninsured if the
owner or operator of the motor vehicle is unknown. In those cases,
recovery under the endorsement or provisions shall be subject to the
conditions set forth in subsections (c) through (j) of this Code section
and, in order for the insured to recover under the endorsement where
the owner or operator of any motor vehicle which causes bodily injury
or property damage to the insured is unknown, actual physical
contact must have occurred between the motor vehicle owned or
operated by the unknown person and the person or property of the
insured. Such physical contact shall not be required if the description
by the claimant of how the occurrence occurred is corroborated by an
eyewitness to the occurrence other than the claimant.
GEORGIA LAWS 1983 SESSION
939
Section 2. Chapter 9 of Title 40 of the Official Code of Georgia
Annotated, the Motor Vehicle Safety Responsibility Act, is
amended by striking paragraph 5 of Code Section 40-9-2, relating to
definitions, and inserting in its place a new paragraph to read as
follows:
(5) Proof of financial responsibility means:
(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 $15,000.00 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 $30,000.00 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
Chapter 34 of Title 33, the Georgia Motor Vehicle Accident
Reparations Act.
Section 3. Said chapter is further amended by striking subsec-
tion (a) of Code Section 40-9-37, relating to requirements for certain
liability insurance policies, and inserting in its place a new subsection
to read as follows:
(a) No liability insurance policy shall be effective under Code
Section 40-9-34 unless issued by an insurance company authorized to
do business in this state, except as provided in subsection (b) of this
Code section, and 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 $15,000.00 because of bodily injury or death
of one person in any one accident and, subject to such limit for one
person, to a limit of not less than $30,000.00 because of bodily injury
or death to two or more persons in any one accident and, if the
accident has resulted in injury 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 4. Said chapter is further amended by striking Code
Section 40-9-62, relating to duration of suspension of license, and
inserting in its place a new Code Section 40-9-62 to read as follows:
940
GENERAL ACTS AND RESOLUTIONS, VOL. I
40-9-62. (a) A drivers license, vehicle registration, or nonresi-
dents operating privilege suspended pursuant to Code Section 40-9-
61 shall remain so suspended and shall not be renewed, nor shall any
such license or registration be thereafter issued in the name of the
judgment debtor, whether or not he was previously licensed, unless
and until every such judgment is stayed, or satisfied in full or to the
extent provided in subsection (b) of this Code section, subject to the
exceptions provided in this article.
(b) Judgment referred to in this article shall, for the purpose of
this chapter only, be deemed satisfied:
(1) When $15,000.00 has been credited upon any judgment
or judgments rendered in excess of that amount because of bodily
injury to or death of one person as the result of any one accident;
(2) When, subject to such limit of $15,000.00 because of
bodily injury to or death of one person, $30,000.00 has been
credited upon any judgment or judgments rendered in excess of
that amount because of bodily injury to or death of two or more
persons as the result of any one accident; or
(3) When $10,000.00 has been credited upon any judgment
or judgments rendered in excess of that amount because of injury
to or destruction of property of others as a result of any one
accident.
(c) Notwithstanding the provisions of subsection (b) of this
Code section, a judgment referred to in this article, which is based
upon an accident which occurred prior to January 1, 1984, shall be
deemed satisfied:
(1) When $10,000.00 has been credited upon any judgment
or judgments rendered in excess of that amount because of bodily
injury to or death of one person as the result of any one accident;
or
(2) When, subject to such limit of $10,000.00 because of
bodily injury to or death of one person, $20,000.00 has been
credited upon any judgment or judgments rendered in excess of
that amount because of bodily injury to or death of two or more
persons as the result of any one accident; or
GEORGIA LAWS 1983 SESSION
941
(3) When $5,000.00 has been credited upon any judgment or
judgments rendered in excess of that amount because of injury to
or destruction of property of others as a result of any one accident.
(d) Payments made in settlement of any claims because of
bodily injury, death, or property damage arising from the accident
shall be credited in reduction of the amounts provided for in this
subsection.
Section 5. Sections 2 through 4 of this Act shall become
effective on January 1, 1984. All other provisions of this Act shall
become effective July 1,1983.
Section 6. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 18,1983.
STATE BOXING COMMISSION CREATED.
Code Title 31, Chapter 31 Enacted.
No. 436 (House Bill No. 50).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated,
relating to health, so as to provide for a State Boxing Commission; to
provide for its membership, meetings, powers, and duties; to provide
for certain licenses; to provide for fees; to assign the commission to
the Department of Human Resources for administrative purposes; to
provide for penalties; to provide effective dates; to provide for the
repeal of this Act on a certain date; to repeal conflicting laws; and for
other purposes.
942
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended by adding at the end thereof a new
Chapter 31 to read as follows:
CHAPTER 31
31-31-1. As used in this chapter, the term:
(1) Applicant means any person, firm, or corporation pro-
moting or holding a professional boxing match in Georgia.
(2) Commission means the State Boxing Commission.
(3) Local license means any license required to be obtained
from a county or municipality in order to hold a professional
boxing match within such county or municipality.
31-31-2. (a) The State Boxing Commission is created which
shall have concurrent jurisdiction with county and municipal govern-
ments to license the promotion or holding of each professional boxing
match promoted or held within this state.
(b) The commission shall be composed of three members
appointed by the Governor. All original appointments shall be for
initial terms of two years and subsequent appointments shall be for
terms of four years. Vacancies shall be filled for the unexpired term
under the same procedures and requirements as appointments for full
terms.
(c) The commission shall elect a chairman from among its own
membership for a term of two years, and successor chairmen shall
hold office for terms of two years. The commission may elect a vice-
chairman from its membership for such term as the commission may
determine. Any member serving as chairman shall be eligible for
successive election to such office by the commission.
(d) Each member of the commission shall be reimbursed for
expenses and travel as provided for members of various state examin-
ing boards in subsection (f) of Code Section 43-1-2 but such reimburs-
ement shall not exceed $44.00 per day, per member.
GEORGIA LAWS 1983 SESSION
943
31-31-3. Before any person, firm, or corporation shall promote or
hold a professional boxing match within the state, it shall first be
necessary to obtain, in addition to any local license that may be
required, a state license from the commission. The applicant shall
make application to the commission on a form provided for such
purpose by the commission. The application shall be accompanied by
a cashiers check made out to the State Boxing Commission. The
amount of the check shall be determined by the commission, but the
amount, which shall be a nonrefundable fee, shall not be less than
$150.00. The chairman of the commission, upon receiving the appli-
cation and check along with proof that any required local license has
been issued to the applicant, shall, within ten days of receiving same,
call a meeting of the commission for the purpose of approving or
rejecting the application. The application shall also be accompanied
by a performance bond in such amount as the commission may
require. At the discretion of the commission, the fee or any portion
thereof may be waived if the major portion of the gross receipts of any
boxing match goes to charity. The meeting shall be held at a place
designated by the chairman within 20 days of the chairmans call.
31-31-4. (a) The commission shall meet on call of the chairman
or upon the call of any two members and shall decide by majority vote
whether or not to issue any state license requested. The commission
is authorized to inquire into the financial backing of any professional
boxing match and to obtain answers to written or oral questions
propounded to the applicant or others associated with such match.
The commission shall not issue the requested state license unless:
(1) Any required local license has first been issued to the
applicant, which local license remains valid and unrevoked; and
(2) The commission has determined, on the basis of facts
submitted or available to it, that no harm to the health, welfare,
morals, or safety of the citizens of Georgia will result from the
holding of such match.
(b) The commission may, by majority vote, after prior notice to
the holder of the state license and after affording such holder an
opportunity to be heard on the question of revocation of the state
license, revoke the state license.
31-31-5. (a) It shall be unlawful for any person, firm, or corpo-
ration to promote or hold any professional boxing match without
944
GENERAL ACTS AND RESOLUTIONS, VOL. I
having first obtained a state license from the commission or to
continue to promote or to hold such match without valid, current
state and required local licenses covering such match.
(b) Violations of this chapter shall be punished as for a misde-
meanor.
(c) The commission shall adopt rules and regulations to enforce
the provisions of this chapter.
31-31-6. The commission shall be assigned to the Department of
Human Resources for administrative purposes only, as provided in
Code Section 50-4-3, relating to assignments for administrative pur-
poses.
Section 2. This Act shall become effective on July 1, 1983, for
administrative purposes and for the purposes of the appointment of
the members of the State Boxing Commission to take office on
January 1, 1984. This Act shall be effective for all purposes on
January 1,1984.
Section 3. This Act shall stand repealed in its entirety on June
30, 1986, notwithstanding the terms of office of the members of the
State Boxing Commission established by subsection (b) of quoted
Code Section 31-31-2 of Section 1 of this Act.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
945
CONVICTED FELONS RELIEF FROM
RESTRICTIONS ON POSSESSION OF FIREARMS
IN CERTAIN CASES.
Code Section 16-11-131 Amended.
No. 437 (House Bill No. 68).
AN ACT
To amend Code Section 16-11-131 of the Official Code of Georgia
Annotated, relating to the unlawful possession of firearms by con-
victed felons, so as to change the provisions relating to the granting of
relief from the disabilities imposed by this Code section; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-11-131 of the Official Code of
Georgia Annotated, relating to the unlawful possession of firearms by
convicted felons, is amended by striking subsection (d) 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
person who has been convicted under federal or state law of a felony
pertaining to antitrust violations, unfair trade practices, or restraint
of trade shall, upon presenting to the Board of Public Safety proof,
and it being established from said proof, submitted by the applicant
946
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the satisfaction of the Board of Public Safety that the circum-
stances 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 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.
Section 2. This Act shall become effective upon its approval by
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 March 18,1983.
STATE LICENSED AND BONDED WAREHOUSES
FINANCIAL STATEMENTS OF LICENSEES
AND APPLICANTS, ETC.
Code Title 10, Chapter 4 Amended.
No. 438 (House Bill No. 89).
AN ACT
To amend Article 1 of Chapter 4 of Title 10 of the Official Code of
Georgia Annotated, relating to state licensed and bonded warehouses,
so as to remove an exemption from the provisions of said article; to
require licensees and applicants to submit certain financial state-
ments; to change the amount of certain required bonds; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
947
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 4 of Title 10 of the Official Code
of Georgia Annotated, relating to state licensed and bonded ware-
houses, is amended by striking Code Section 10-4-4, relating to
exemptions, and inserting in its place a new Code section to read as
follows:
10-4-4. (a) The provisions of this article shall not be con-
strued to apply to:
(1) Any warehouse licensed under the United States Ware-
house Act, as amended, if the licensee has in effect a federal bond
in an amount not less than the amount of the bond which would be
required under subsections (a) and (b) of Code Section 10-4-12; or
(2) Any warehouse kept or maintained by any warehouse-
man on the premises of any other person under a contract between
the warehouseman and the other person for the primary purpose
of storage therein of agricultural products of the other person,
provided that no agricultural products are stored therein for the
account of any producer other than the other person; provided,
however, that such warehouseman may come under this article at
his option.
(b) Any person, firm, corporation, or association storing
peanuts, cottonseed, or tobacco may be required only, at his or its
option, by application, to qualify and come under this article.
Section 2. Said article is further amended by adding at the end
of Code Section 10-4-10, relating to annual licenses, a new subsection
(c) to read as follows:
(c) (1) Each applicant for a license or renewal shall furnish
with his application a current financial statement which shall
include:
(A) A balance sheet;
(B) A profit and loss statement of income;
(C) A statement of retained earnings; and
948
GENERAL ACTS AND RESOLUTIONS, VOL. I
(D) A statement of changes in financial position.
(2) The chief executive officer for the business shall certify
under penalties of perjury that the statements as prepared accu-
rately reflect the financial condition of the business as of the date
named and fairly represent the results of operations for the period
named.
(3) Each applicant shall have the financial statements
required in paragraph (1) of this subsection audited by an inde-
pendent certified public accountant. Alternatively, financial
statements audited or reviewed by an independent public accoun-
tant will be accepted with the understanding that the applicant
will be subject to an additional on-site examination by the Com-
missioner and to an audit by the Commissioner. Audits and
reviews by independent certified public accountants and indepen-
dent public accountants specified in this Code section shall be
made in accordance with standards established by the American
Institute of Certified Public Accountants. The accountants
certification, assurances, opinion, comments, and notes on such
statements, if any, shall be furnished along with the statements.
Applicants who cannot immediately meet these requirements may
apply to the Commissioner for a temporary waiver of this provi-
sion. The Commissioner may grant such waiver for a temporary
period not to exceed 180 days if the applicants can furnish
evidence of good and substantial reasons therefor.
Section 3. Said article is further amended by striking Code
Section 10-4-12, relating to bonds, and inserting in its place a new
Code section to read as follows:
10-4-12. (a) Every person intending to engage in business as a
warehouseman under this article shall, prior to commencing such
business and periodically thereafter as the Commissioner shall
require, execute and file with the Commissioner a good and sufficient
bond to the state to secure the faithful performance of his obligation
as a warehouseman under the terms of this article and the rules and
regulations prescribed under this article, such bond to be computed in
direct ratio to the licensed storage capacity of the warehouse bonded.
The Commissioner shall have authority to fix the bond for any part of
licensed storage capacity of the warehouse being used; but in no event
shall the amount of the bond be required to exceed 12 percent of the
value of the products stored and the bond shall be in such form and
GEORGIA LAWS 1983 SESSION
949
amount and shall have such surety or sureties, subject to service of
process in actions on the bonds with this state, as the Commissioner
may prescribe; provided, however, the minimum bond to be posted
for each warehouse shall be $20,000.00 and the maximum bond to be
required for each warehouse shall be $150,000.00.
(b) If a warehouseman is also a grain dealer, the amount of the
required bond shall be the greater of the bond required by subsection
(a) of this Code section or the bond required under Code Section 2-9-
34 for grain dealers who are not licensed under this article.
(c) Whenever the Commissioner shall determine that a previ-
ously approved bond has for any cause become insufficient, he may
require an additional bond or bonds to be given by the warehouseman
concerned, conforming with the requirements of this Code section.
Unless the additional bond or bonds are given within the time fixed
by a written demand therefor, the license of such warehouseman shall
be suspended or revoked, in accordance with Chapter 13 of Title 50,
the Georgia Administrative Procedure Act. Code Sections 10-4-6
and 10-4-7 shall apply to this as well as all other Code sections of this
article.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
TEACHERS RETIREMENT SYSTEM BENEFICIARIES
AS TEACHERS AIDES OR SUBSTITUTES.
Code Section 47-3-127 Amended.
No. 439 (House Bill No. 138).
AN ACT
To amend Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System of Georgia, so
950
GENERAL ACTS AND RESOLUTIONS, VOL. I
as to authorize a retired teacher to elect to return to service as a
classroom aide or substitute teacher and still receive retirement
benefits; 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 of Georgia, is
amended by adding at the end of Code Section 47-3-127, relating to
the effect of restoration to service as a teacher, a new subsection (d) to
read as follows:
(d) Anything in this chapter to the contrary notwithstanding, a
beneficiary may elect to return to service on an hourly basis as a
classroom aide, provided such service is less than full time, or as a
substitute teacher without reinstating his membership in the system.
If such election is made, he shall continue to receive his retirement
benefits and any postretirement benefit adjustments granted, if any,
during such part-time service. Such part-time service shall not
constitute creditable service and such beneficiary shall not be entitled
to a recomputation of retirement benefits upon a cessation of part-
time service.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
951
STATE MEDICAL EDUCATION BOARD CREATED
ORGANIZATION, POWERS, ETC.
Code Title 20, Chapter 3 Amended.
No. 440 (House Bill No. 159).
AN ACT
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of
Georgia Annotated, relating to scholarships, loans, and grants, so as
to create the State Medical Education Board as the successor to and a
continuation of the heretofore existing State Medical Education
Board; to provide for a secretary and treasurer of the board and for
clerical assistance; to provide for a chairman and other officers and
for meetings; to provide for loans and scholarships and for require-
ments in connection therewith; to provide for certain contracts; to
provide for certain arrangements with certain medical colleges; to
provide for the cancellation of contracts under certain conditions; to
provide for funding; to provide for reports; to provide for a statement
of purpose; 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. Article 7 of Chapter 3 of Title 20 of the Official Code
of Georgia Annotated, relating to scholarships, loans, and grants, is
amended by striking Part 6, which reads as follows:
Part 6
20-3-510. The State Medical Education Board and its functions
are continued. The State Medical Education Board is assigned to the
board of regents for administrative purposes only as prescribed in
Code Section 50-4-3.,
in its entirety and substituting in lieu thereof a new Part 6 to read as
follows:
952
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 6
20-3-510. (a) The State Medical Education Board is created
which shall consist of seven members appointed by the Governor who
shall be qualified electors of the State of Georgia. The State Medical
Education Board (hereinafter referred to as board) created by this
Code section shall be the successor to and a continuation of the
heretofore existing State Medical Education Board. The members of
the board in office on July 1, 1983, shall serve out the remainder of
their respective terms. The Governor shall appoint two additional
members to take office on July 1,1983, for terms expiring on April 1,
1987. Thereafter, as the term of office of each member expires, the
Governor shall appoint their successors for a term of four years and
until their successors are appointed and qualified. Vacancies shall be
filled by appointment by the Governor for the unexpired term.
(b) The board shall elect annually a chairman and also a vice-
chairman to serve in the absence or inability of the chairman. The
board shall maintain an office in Atlanta, Georgia, and shall meet at
said office or elsewhere at least once each year at such time as may be
fixed by the board. Special meetings shall be held upon call of the
chairman. Four members of the board shall constitute a quorum for
the transaction of business, and the board shall keep full, complete,
and permanent minutes and records of all its proceedings and actions.
(c) For attending meetings of the board and for traveling in
carrying out their official duties, the members of the board shall
receive the compensation and allowances specified by Code Section
45-7-21.
20-3-511. (a) The secretary of the board shall be whosoever is
serving as the secretary of the board of regents, and the secretary shall
keep the records and minutes of the proceedings of the board and the
books, records, and accounts of the board. The secretarys compensa-
tion shall be fixed by the board. The secretary shall also be the
treasurer of the board and shall keep an account for all the funds of
the board. The secretary shall execute and file with the board a
surety bond in the sum of $10,000.00, payable to the State of Georgia,
and conditioned upon the faithful performance of duties and properly
accounting for all funds coming into said officers hands as secretary
and treasurer. The premium on such bond shall be paid out of the
funds of the board.
GEORGIA LAWS 1983 SESSION
953
(b) The board may employ clerical assistance as is required and
their compensation shall be fixed by the board.
20-3-512. (a) It shall be the duty of the board to receive and
pass upon, allow or disallow all applications for loans made to or
scholarships given students who are bona fide citizens and residents
of the State of Georgia and who desire to become doctors of medicine
and who are acceptable for enrollment in an accredited four-year
medical school in the United States which has received accreditation
or provisional accreditation by the Liaison Committee on Medical
Education of the American Medical Association or the Bureau of
Professional Education of the American Osteopathic Association for a
program in medical education designed to qualify the graduate for
licensure by the Composite State Board of Medical Examiners of
Georgia. The purpose of such loans shall be to enable such applicants
to obtain a standard four-year medical education which will qualify
them to become licensed to practice medicine in the State of Georgia.
It shall be the duty of the board to make a careful and full invest-
igation of the ability, character, and qualifications of each applicant
and determine the applicants fitness to become the recipient of such
loan or scholarship, and for that purpose the board may propound
such examination to each applicant which it deems proper. The said
board may also prescribe such rules and regulations as it deems
necessary and proper to carry out the purpose and intention of this
part. The investigation of the applicant shall include an investigation
of the ability of the applicant, and of the parents of such applicant, to
pay his or her own tuition at such medical school, and the board in
granting such loans and scholarships shall give preference to qualified
applicants who, and whose parents, are unable to pay the applicants
tuition at such a medical school.
(b) The board shall have authority to grant to each applicant
deemed by the board to be qualified to receive the same a loan or
scholarship on a one-year renewable basis for the purpose of acquiring
a standard four-year medical education, upon such terms and condi-
tions as in the judgment of the board may be necessary or desirable.
The board is authorized to consider, among other criteria, the home
area of the student and the likelihood, if determinable, that the
student will practice medicine in an area of this state which may
entitle the student to repay the loan through services rendered as
provided in this part.
954
GENERAL ACTS AND RESOLUTIONS, VOL. I
20-3-513. Applicants who are granted loans or scholarships by
the board shall receive a loan or scholarship not to exceed $24,000.00
with which to defray the tuition and other expenses of any such
applicant in an accredited four-year medical school in the United
States which has received accreditation or provisional accreditation
by the Liaison Committee on Medical Education of the American
Medical Association or the Bureau of Professional Education of the
American Osteopathic Association for a program in medical educa-
tion designed to qualify the graduate for licensure by the Composite
State Board of Medical Examiners of Georgia. The loans and scholar-
ships shall be paid in such manner as the board shall determine and
may be prorated so as to pay to the medical college or school to which
any applicant is admitted such funds as are required by that college or
school with the balance being paid directly to the applicant; all of
which shall be under such terms and conditions as may be provided
under rules and regulations of the board. The said loans or scholar-
ships to be granted to each applicant shall be based upon the
condition that the full amount thereof shall be repaid to the State of
Georgia in services to be rendered by the applicant by practicing his
or her profession in a board approved community in Georgia of 15,000
population or less according to the United States decennial census of
1980 or any future such census or at any hospital or facility operated
by or under the jurisdiction of the Department of Human Resources
or at any facility operated by or under the jurisdiction of the Depart-
ment of Offender Rehabilitation. For each year of practicing his or
her profession in such board approved location, the applicant shall
receive credit, with the interest due thereon, for the amount of the
scholarship received during any one year in medical school.
20-3-514. (a) Each applicant before being granted a loan or
scholarship shall enter into a contract with the State of Georgia
agreeing to the terms and conditions upon which the loan or scholar-
ship is granted, which contract shall include such terms and provi-
sions as will carry out the full purpose and intent of this part. The
form of such contract shall be prepared and approved by the Attorney
General, and each contract shall be signed by the chairman of the
board, countersigned by the secretary, and shall be signed by the
applicant. For the purposes of this part the disabilities of minority of
all applicants granted loans or scholarships pursuant to this part are
removed, and the said applicants are declared to be of full lawful age
for the purpose of entering into the contract provided for in this Code
section and such contract so executed by an applicant is declared to
be a valid and binding contract the same as though the said applicant
GEORGIA LAWS 1983 SESSION
955
were of the full age of majority. The board is vested with full and
complete authority to bring an action in its own name against any
applicant for any balance due the board on any such contract.
(b) The board shall have the authority to cancel the contract of
any applicant at any time for cause deemed sufficient by the board.
Upon cancellation of the contract for any cause whatsoever, including
default or breach thereof by the applicant, the total uncredited
amount of the scholarship paid to the applicant shall at once become
due and payable to the board in cash with interest at the minimum
rate of 12 percent per annum from the date of each payment by the
board and compounded annually to the date the scholarship or loan is
paid in full. The board is authorized to increase annually said rate of
interest due on loans granted to new recipients; provided, however,
that the increased rate of interest shall not exceed by more than 2
percent the prime rate published by the Board of Governors of the
Federal Reserve System and in effect at the time of the increase.
20-3-515. It shall be the duty of the board to make inquiry of
such four-year medical schools as it deems proper and make arrange-
ments, within the limitations as to cost as provided for in Code
Section 20-3-513, for the payment of tuition or matriculation fees of
enrolled students granted loans or scholarships by the board.
20-3-516. The funds necessary for the loans or scholarships
provided for by this part and to administer the terms of this part shall
come from funds made available to the board from appropriations to
the board of regents for medical scholarships or other purposes. The
State Medical Education Board shall be assigned to the board of
regents for administrative purposes only.
20-3-517. The board shall make a biennial report to the General
Assembly of its activities, loans or scholarships granted, names of
persons to whom granted and the institutions attended by those
receiving the same, the location of the applicants who have received
their education and become licensed to practice medicine within this
state, and where they are practicing, and shall make a full report of all
its expenditures for loans or scholarships and expenses incurred
pursuant to this part.
20-3-518. It is the purpose and intent of this part to bring about
an adequate supply of persons licensed to practice medicine in the
more sparsely populated areas of the State of Georgia by increasing
956
GENERAL ACTS AND RESOLUTIONS, VOL. I
the number of medical students from Georgia in the various medical
schools and inducing a sufficient number of the graduates from
medical schools to return to Georgia and practice their profession,
thus affording adequate medical care to the people of Georgia.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
SUPREME COURT TERMS, DIVISIONS,
PROCEDURE, RECORDS, MINUTES, ETC.
Code Title 15, Chapter 2 Amended.
No. 441 (House Bill No. 580).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated,
relating to courts, so as to provide that the Supreme Court may
extend its terms by rule or order; to repeal provisions relating to the
Supreme Court sitting in divisions; to provide that four Justices shall
constitute a quorum; to provide alternative methods of recording the
courts proceedings; to provide for a judicial council of Georgia; 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 striking subsection (b) of Code
Section 15-2-4, relating to the place of sessions and the terms of the
Supreme Court, in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
GEORGIA LAWS 1983 SESSION
957
(b) Unless the Supreme Court by rule or order chooses to
extend its terms of court, the terms shall be as follows:
(1) January term beginning the first Monday in January;
(2) April term beginning the first Monday in April; and
(3) September term beginning the first Monday in
September.
Section 2. Said title is further amended by striking Code
Sections 15-2-10 through 15-2-15, relating to procedures by which the
Supreme Court may sit in divisions, which Code sections read as
follows:
15-2-10. As used in Code Sections 15-2-11 through 15-2-15, the
term court as a whole means the Supreme Court when not sitting or
acting in divisions, and such court shall consist of four or more
Justices.
15-2-11. The court may, in its discretion, sit either for the
hearing or for the decision of cases as a whole, of which not less than
four Justices shall constitute a quorum or, for like purposes, in
separate divisions of at least three Justices each. Whenever three
Justices are assigned to a division, two of them shall constitute a
quorum for that division.
15-2-12. (a) It shall be the duty of the Chief Justice to separate
the court into two divisions, designating which Justices shall compose
each. The personnel of each division, under the direction of the Chief
Justice and in accordance with such rules as the court may prescribe,
shall be changed from time to time so that the two divisions will not
become permanent in their constituency.
(b) The division of which the Chief Justice is a member shall be
known and distinguished as the First Division, and he shall be its
Presiding Justice. The other division shall be known and distin-
guished as the Second Division, and its Presiding Justice shall be
designated by the Chief Justice.
(c) Whenever the Chief Justice is absent or disqualified, any
duty devolving specially upon him shall be performed by the Presid-
ing Justice who has been elected pursuant to Article VI, Section VI,
Paragraph I of the Constitution of this state.
958
GENERAL ACTS AND RESOLUTIONS, VOL. I
15-2-13. Either division of the court shall have the power to issue
the writ of mandamus or to take any other action necessary to the
perfection of records, according to the practice of the court. Either
division may render a final judgment in any case argued before it, and
the judgment shall have the same force and effect as if rendered by
the court as a whole. Nevertheless, the court shall, as far as practica-
ble, endeavor so to conduct its proceedings as to have the concurrence
of all the Justices in all judgments rendered except in cases where
there is an express dissent upon the part of one or more of them.
15-2-14. Every case argued before either division may be consid-
ered and decided by the court as a whole, or any one or more Justices
of the other division may participate in the decision thereof without
further argument. Where, for any reason, a case is heard in a division
by only two Justices, the Chief Justice shall direct one or more
Justices of the other division to participate in deciding it or direct
that it be decided by the court as a whole.
15-2-15. Whenever any Justice in a division differs from the
other two Justices as to any particular case pending before the
division, the case shall go to the court as a whole for decision.
Whenever the court as a whole decides a case which has been argued
before one division only, it may, upon its own motion, but not
otherwise, order a reargument therein.,
in their entirety.
Section 3. Said title is further amended by striking subsection
(a) of Code Section 15-2-16, relating to reversal and affirmance of
cases, in its entirety and substituting in lieu thereof a new subsection
(a) to read as follows:
(a) In all cases decided by the Supreme Court, the concurrence
of a majority of the Justices shall be essential to a judgment of
reversal. If the Justices are evenly divided, the judgment of the court
below shall stand affirmed. In all cases decided by the court, with at
least a quorum but less than seven Justices, the concurrence of at
least four shall be essential to the rendition of a judgment; and, if only
four Justices act upon a case and they are evenly divided, the case
shall be reargued before a full bench, if possible, before the term
closes; and, if not possible, the judgment of the court below shall
stand affirmed.
GEORGIA LAWS 1983 SESSION
959
Section 4. Said title is further amended by striking Code
Section 15-2-17, relating to the rules promulgated by the Supreme
Court, in its entirety and substituting in lieu thereof a new Code
Section 15-2-17 to read as follows:
15-2-17. The Supreme Court shall have full power and author-
ity to make all rules, not in conflict with the Constitution or laws of
this state, as may be necessary for carrying the Constitution into
effect and regulating the courts proceedings thereunder. To these
ends it may, by rules, provide and declare when the court shall sit,
how its minutes shall be kept, and how the cases upon its dockets shall
be apportioned; and it generally may make all regulations as to
practice and procedure which experience may show to be convenient
and expedient for the proper transaction of its business, with due
regard to the rights of the parties and counsel concerned.
Section 5. Said title is further amended by striking paragraph
(3) of Code Section 15-2-43, relating to duties of the clerk, in its
entirety and substituting in lieu thereof a new paragraph (3) to read
as follows:
(3) To keep fair and regular minutes of the courts proceedings,
a record of its judicial acts, a docket of its cases, and such other books
as the court may require;.
Section 6. Said title is further amended by striking in its entirety
Code Section 15-5-20, which reads as follows:
15-5-20. (a) There is created the Judicial Council of the State
of Georgia. The council shall be composed of 11 members, nine of
whom shall be judges of courts of record of the state. The two
remaining members shall be the president of the State Bar and the
immediate past president of the State Bar. The initial nine judicial
members of the council shall be appointed by the Governor, with
three initial members being appointed for a term of four years, three
initial members being appointed for a term of three years, and three
initial members being appointed for a term of two years. Immediately
prior to the expiration of a members term of office as a member, the
council shall elect a new member to succeed the member whose term
is expiring. Following the terms of the initial members who took office
on May 1, 1973, the term of office of each judicial member of the
council shall be for a period of four years. Members of the council
shall take office on May 1 following their election by the council. No
960
GENERAL ACTS AND RESOLUTIONS, VOL. I
judicial member of the council shall be eligible to succeed himself for
a consecutive term as a member. The president and immediate past
president of the State Bar shall serve as members of the council only
during their tenure as president or immediate past president of the
State Bar.
(b) In the event a vacancy occurs in the judicial membership of
the council as a result of the death, resignation, retirement, removal,
or failure of reelection as a judge of a court of record, 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 the vacancy shall take office immediately
upon his election.
(c) The 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 desires. 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 mem-
bers of the council.,
and inserting in lieu thereof a new Code Section 15-5-20 to read as
follows:
15-5-20. (a) The Supreme Court shall create a judicial council
of Georgia, which council shall have such powers, duties, and respon-
sibilities as may be provided by law or as may be provided by rule of
the Supreme Court.
(b) Members of the council and their terms shall be as provided
by the Supreme Court. 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 mem-
bers of the council.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
GEORGIA LAWS 1983 SESSION
961
JUDGES EXERCISE OF JUDICIAL POWERS
OUTSIDE THEIR OWN COURT CIRCUMSTANCES
AND PROCEDURES.
Code Title 15, Chapter 1 Amended.
No. 442 (House Bill No. 581).
AN ACT
To amend Chapter 1 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions for courts, so as to provide
the circumstances and procedures for the exercise of judicial powers
by judges outside their own court upon the disqualification, disabil-
ity, illness, or absence of a resident judge of a court or upon a request
for temporary assistance; to provide that such procedures shall be
supplementary to other laws; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 15 of the Official Code of Georgia
Annotated, relating to general provisions for courts, is amended by
inserting after Code Section 15-1-9 a new Code Section 15-1-9.1 to
read as follows:
15-1-9.1. (a) As used in this Code section, the term:
(1) Chief judge means the judge most senior in time of
service or, if applicable, the judge to whom the administrative
duties of a court have been assigned.
(2) Judge includes Justices, judges, senior judges, magis-
trates, and every other such judicial office of whatever name
existing or created.
(b) The chief judge of any court of this state may make a written
request for assistance to the chief judge of any other court, a senior
judge of the superior court, a retired judge, or a judge emeritus of any
court. The request by the chief judge may be made if one of the
following circumstances arise:
962
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) A judge of the requesting court is disqualified for any
cause from presiding in any matter pending before the court;
(2) A judge of the requesting court is unable to preside
because of disability, illness, or absence; or
(3) A majority of the judges of the requesting court deter-
mines that the business of the court requires the temporary
assistance of an additional judge or additional judges.
(c) The written request for judicial assistance shall identify the
chief judge to whom the request is directed and the court, the county,
the time period, and, if applicable, the specific case or cases for which
the assistance is sought. A chief judge of a requesting court or
assisting court shall be presumed to act with the consent of all judges
of the court. However, if a judge of a court shall insist, all judges of
that court shall vote upon whether to ratify the action taken by the
chief judge under this Code section.
(d) If the chief judge is unable because of disability, illness, or
absence to make a request for assistance, a majority of the judges of
the court may make such a request for him. If a court is served by
only one judge who, himself, is unable to make a request because of
disability, illness, or absence, or when the judge or judges of the court
fail to procure assistance in the event of the absence, illness, disabil-
ity, or disqualification of one of the judges, and it is satisfactorily
made to appear to the Governor that any regular or special term of
any court will not be held or continued in session because of such
failure to procure assistance, the Governor shall name and assign a
judge to hold the regular or special term of such court. However, no
judge shall be named or assigned to hold court when the time fixed by
law for holding the term of court conflicts with the holding of any
regular or special term already called by him in his own court.
(e) The chief judge of the court receiving a request for assistance
shall designate a judge to preside as requested. The designated judge
may consent to preside in the requesting court provided he is other-
wise qualified to serve as a judge in the requesting court. The
qualifications of residency within a particular political or geographic
subdivision of the state shall not apply to a designated judge. The
designation and its acceptance or rejection shall be made in writing
and delivered to the judge requesting assistance.
GEORGIA LAWS 1983 SESSION
963
(f) A copy of each request, designation, and acceptance or
refusal of assistance shall be filed and recorded on the minutes of the
clerk of the court requesting assistance. Any amendment to the
request or extension of the assistance shall be written, filed, and
recorded as is the original request and the acceptance of assistance.
(g) A judge rendering assistance in accordance with this Code
section shall discharge all the duties and shall exercise all of the
powers and authority of a judge of the court in which he is presiding.
(h) The governing authority responsible for funding the opera-
tion of the requesting court shall bear the expenses of the judge
rendering assistance in accordance with this Code section, except that
such judges presiding in the appellate or superior courts in accord-
ance with this Code section shall be compensated by state funds
appropriated or otherwise available for the operation of these courts.
(i) Senior judges of the superior courts shall receive the amount
of compensation and payment for expenses as provided by subsection
(d) of Code Section 47-8-64. All other judges rendering assistance in
accordance with this Code section shall be entitled to actual travel
and lodging expenses, but shall not be entitled to any additional
compensation for this assistance.
(j) The court reporter, support personnel, facilities, equipment,
and supplies necessary to perform the duties requested shall be
provided to any judge rendering assistance in accordance with this
Code section by the requesting court, unless otherwise agreed.
(k) This Code section shall be supplementary to other laws
relating to the authorization of replacement judges.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 18,1983.
964
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS REIMBURSEMENT OF EXPENSES TO
COUNTIES IN CERTAIN CASES, ETC.
Code Title 21, Chapters 2 and 3 Amended.
No. 443 (House Bill No. 622).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that counties shall be reim-
bursed for all or part of the expenses necessitated by Code Section 21-
2-261.1 from funds appropriated to the Secretary of State for such
purposes; to provide for the reopening of qualification for office upon
the death of a candidate in nonpartisan municipal 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 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking in its entirety Code
Section 21-2-264, relating to appropriation of funds to the Secretary
of State for counties to implement the requirements of Code Section
21-2-261.1, and substituting in lieu thereof a new Code Section 21-2-
264 to read as follows:
21-2-264. In all cases of the division, redivision, alteration,
formation, or consolidation of precincts, the costs of the proceed-
ings shall be paid by the county. There may be appropriated to
the Secretary of State funds to be granted to counties for purposes
of meeting the requirements of Code Section 21-2-261.1. Upon the
filing of a written request by the election officials of any qualified
county, a qualified county shall be reimbursed for all reasonable
expenses incurred by such county which are directly related to the
redrawing of voting precinct boundaries, verification of voting
precinct residency, notification of voter precinct and polling place
changes, and compilation and preparation of the electors list as
necessitated by Code Section 21-2-261.1; provided, however, that
such reimbursement of costs shall not exceed 25<t per registered
voter whose name appeared on such countys electors list as of
January 1,1982. Any qualified county seeking reimbursement of
GEORGIA LAWS 1983 SESSION
965
such costs shall present an itemized description of such costs to
the Secretary of State. If the Secretary of State, after a review of
the report of such costs incurred by a county, shall find that all or
portions of such costs were reasonable and were directly related to
the preparation of such descriptions and lists, he shall approve all
of those parts of the costs deemed reasonable and shall reimburse
the counties for such expenses. Any state funds necessary to carry
out the provisions of this subsection shall come only from those
funds appropriated to the Secretary of State specifically for the
purpose of implementing the provisions of Code Section 21-2-
261.1. If such funds are not sufficient to bear completely the cost
of fully implementing the provisions of Code Section 21-2-261.1,
payment to the counties seeking assistance and payment shall be
made on a pro rata basis subject to the availability of appropriated
funds.
Section 2. Said title is further amended by striking in its entirety
Code Section 21-3-94, relating to reopening of qualification for office
upon the death of a candidate in nonpartisan municipal elections, and
substituting in lieu thereof a new Code Section 21-3-94 to read as
follows:
21-3-94. (a) In the event of the death of a candidate prior to
the date of a nonpartisan election which causes only one person to be
a candidate for the office, the governing authority may reopen
qualification for the office sought by the deceased candidate for a
period of not less than one nor more than three days.
(b) In the event of the disqualification of the sole remaining
candidate prior to the date of a nonpartisan election, the governing
authority may reopen qualification for the office sought by the
disqualified candidate for a period of not less than one nor more than
three days.
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 18,1983.
966
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAND CONVEYANCE TO CITY OF ADAIRSVILLE.
No. 17 (House Resolution No. 15).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Bartow County, Georgia, to the City of Adairsville; 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 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, less and except the Depot
lot, containing 1.57 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. 3 shown on Western and Atlantic Railroad
Valuation Map No. V2/32 which is filed in the Georgia Department of
Archives and History, Archives and Records Building, Atlanta,
Fulton County, Georgia.;
and
WHEREAS, the above-mentioned property has been utilized by
the city as a community park and main street with parking facilities
for numerous years; 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, the City of Adairsville is desirous of obtaining all of
the above-described real property in order to make improvements to
the downtown area.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
GEORGIA LAWS 1983 SESSION
967
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 conveyance of the above-described real
property shall be conditioned upon: (1) 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; and (2) the City of Adairsville providing a
current plat of survey, approved by the State Properties Commission,
prepared by a Georgia registered land surveyor, depicting the exact
area to be conveyed, less and excepting the Depot lot.
Section 3. That the above-described real property shall be sold
and conveyed by appropriate instrument to the City of Adairsville by
the State of Georgia, acting by and through the State Properties
Commission, for a consideration to be determined by the State
Properties Commission and upon such further considerations and
provisions as directed by the State Properties Commission.
Section 4. That this resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval and in accordance with the provisions hereof.
Section 5. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 18,1983.
LAND CONVEYANCE TO BROOKS COUNTY.
No. 19 (House Resolution No. 66).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Brooks County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
968
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the State of Georgia is the owner of certain real
property located within Brooks County, Georgia; and
WHEREAS, the said real property, now administered by the
Georgia Forestry Commission, comprises approximately .306 acre
and is more particularly described as All that parcel, approximately
340x40, outlined in red, shown on a plat prepared by the State of
Georgia Department of Transportation, Project P.R.N. 122-1(027)
Brooks County, dated March 19, 1982, surveyed by Willis on file in
the office of the director of the Georgia Forestry Commission.; and
WHEREAS, the State of Georgia purchased property in 1958
from Brooks County, of which the above-mentioned parcel is part;
and
WHEREAS, the Georgia Forestry Commission utilizes such prop-
erty for public purposes as an office and shop site; and
WHEREAS, Brooks County is desirous of obtaining all of the
above-described said real property to improve the right of way and
entrance to the state facility; and
WHEREAS, the above-described property in Brooks County is
not 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 Brooks County by the
GEORGIA LAWS 1983 SESSION
969
State of Georgia, acting by and through the State Properties Commis-
sion, for a consideration of $1.00 and upon such further conditions
and provisions as directed by the State Properties Commission.
Section 3. That, for purposes of compliance with the provisions
of paragraph (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.
Section 5. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 29,1983.
LAND CONVEYANCE TO THE HEIRS OF
W. R. TUCKER AND OTHERS.
No. 23 (House Resolution No. 14).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Dawson County; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property within Dawson County, Georgia; and
970
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the said real property, now administered by the
Georgia Forestry Commission, comprises approximately 1.3 acres,
more or less, and is more particularly described as follows:
All that tract or parcel of land lying and being in the northwest
corner of original Lot of Land Number Four Hundred Eighty-eight
(488), in the Fourth (4th) District and First (1st) Section of Dawson
County, Georgia, containing 1.30 acres, more or less; and bounded as
follows:
Beginning at an iron stake at the original northwest corner of said
lot, thence running south along the original west line of said lot a
distance of 106 feet to the northeast right-of-way boundary of State
Highway No. 153, thence running southeastward along said highway
right-of-way boundary a distance of 282 feet to an iron stake on said
highway right-of-way boundary, thence running north, 55 degrees
and 15 minutes east, along a straight marked line a distance of 255
feet to the center of Gold Mine Branch, thence running northwest-
ward up the center of said Branch, with its meanders, to the north
original line of said Lot No. 488; and thence running west along the
north original line of said lot a distance of 103 feet to the point of
beginning.;
and
WHEREAS, the State of Georgia purchased the property from
Mr. W. R. Tucker in 1955 for the sum of $1.00 and other valuable
consideration; and
WHEREAS, the Georgia Forestry Commission has used such
property since 1955 for public purposes; and
WHEREAS, the heirs of Mr. W. R. Tucker and certain others are
desirous of obtaining all of said real property; and
WHEREAS, the above described real property is no longer needed
by the Georgia Forestry Commission or the State of Georgia and is
therefore surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the State Properties Commission,
by its chairman, the Governor, acting for and on behalf and in the
name of the State of Georgia, is authorized and empowered to convey
GEORGIA LAWS 1983 SESSION
971
by appropriate instrument the hereinabove described state owned
property to the following:
(1) Myrtie Vera Turner, an individual;
(2) Harold M. Hendrix, an individual;
(3) Edgar George David, Jr., and Nancy Noblin, Executors
of the Estate of Annie M. Anderson; and
(4) Myrtie Vera Turner and Clinton W. Turner, Executors
of the Estate of Mamie 0. Tucker,
subject to the following conditions:
(1) That said tract of property shall be conveyed to the
above named individuals and executors for the consideration of
the benefit accruing to the state and $1.00;
(2) That the conveyance of said tract of property shall be
conditioned on the voiding and rescinding by the State Properties
Commission, as Grantor, and the Estate of Mr. W. R. Tucker, as
Grantee, of the Quitclaim deed signed pursuant to a resolution
authorizing the conveyance of certain state owned real property
located in Dawson County, approved April 11,1979 (Ga. L. 1979,
p. 571); and
(3) That the conveyance of said tract of property shall be
approved by the State Properties Commission.
BE IT FURTHER RESOLVED that, for purposes of compliance
with the provisions of paragraph (4) of subsection (b) of Code Section
50-16-122 requiring that a conveyance of real property by the state be
filed with the Secretary of State and accompanied by a plat of the
property conveyed, the plat of the property, the conveyance of which
is authorized by this resolution, currently on file with the Georgia
Forestry Commission shall constitute an acceptable plat for filing
with the Secretary of State.
972
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT FURTHER RESOLVED that a resolution entitled A
Resolution authorizing the conveyance of certain State owned real
property located in Dawson County; and for other purposes.,
approved April 11, 1979 (Ga. L. 1979, p. 571), is repealed in its
entirety.
Approved March 29,1983.
PROPOSED AMENDMENT TO THE CONSTITUTION
VACANCY DECLARED IN OFFICE WHEN ELECTED
OFFICIAL QUALIFIES FOR DIFFERENT OFFICE.
No. 24 (House Resolution No. 30).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
the office of any state, county, or municipal elected official shall be
declared vacant upon such elected official qualifying, in a general
election or primary, or special election or special primary, for another
state, county, or municipal office or qualifying for the House of
Representatives or the Senate of the United States if the term of the
office for which such official is qualifying for begins prior to the
expiration of such officials present term of office; to provide for the
filling of vacancies; 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 II, Section II of the Constitution is amended
by adding at the end thereof a new Paragraph V to read as follows:
Paragraph V. Vacancies created by elected officials
qualifying for other office. The office of any state, county, or
municipal elected official shall be declared vacant upon such elected
GEORGIA LAWS 1983 SESSION
973
official qualifying, in a general primary or general election, or special
primary or special election, for another state, county, or municipal
elective office or qualifying for the House of Representatives or the
Senate of the United States if the term of the office for which such
official is qualifying for begins more than 30 days prior to the
expiration of such officials present term of office. The vacancy
created in any such office shall be filled as provided by this Constitu-
tion or any general or local law. This provision shall not apply to any
elected official seeking or holding more than one elective office when
the holding of such offices simultaneously is specifically authorized
by law.
Section 2. The above proposed amendment to the Constitution
shall be published and submitted as provided in Article X, Section I,
Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended so
( ) NO as to provide that the office of any
state, county, or municipal elected offi-
cial shall be declared vacant upon such
elected official qualifying for another
state, county, or municipal office or
qualifying for the House of Represent-
atives or the Senate of the United
States if the term of the office for which
such official is qualifying for begins
more than 30 days prior to the expira-
tion of such officials present term of
office?
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.
Approved March 29,1983.
974
GENERAL ACTS AND RESOLUTIONS, VOL. I
ROGER H. LAWSON MEMORIAL BRIDGE DESIGNATED.
No. 25 (House Resolution No. 67).
A RESOLUTION
Designating the bridge on U. S. Highway 341 over the Ocmulgee
River at Hawkinsville in Pulaski County as the Roger H. Lawson
Memorial Bridge; and for other purposes.
WHEREAS, Honorable Roger H. Lawson was born November 12,
1913, in Hawkinsville, Pulaski County, Georgia, and graduated from
the Citadel in 1933 and from the University of Georgia Law School in
1936; and
WHEREAS, after engaging in the practice of law, he served his
country as a special agent with the FBI during World War II; and
WHEREAS, he was Solicitor General of the Oconee Judicial
Circuit from 1949 to 1955 and compiled an outstanding record of
achievement in that office; and
WHEREAS, he contributed immeasurably to the improvement of
the transportation system in Georgia while serving on the State
Highway Board from July 8,1955, to July 1,1957, serving as chairman
of said board during the last year of his tenure of office; and
WHEREAS, he was active in the civic, business, political, and
religious affairs of his region until his passing in 1982; and
WHEREAS, it would be appropriate that his memory be honored
by the designation of a bridge as the Roger H. Lawson Memorial
Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the bridge on U. S. Highway 341
over the Ocmulgee River at Hawkinsville, Pulaski County, Georgia, is
dedicated as a memorial to Roger Hugh Lawson and shall be desig-
nated as the Roger H. Lawson Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is directed to place and maintain appropriate markers at
said bridge designating it as the Roger H. Lawson Memorial Bridge.
GEORGIA LAWS 1983 SESSION
975
BE IT FURTHER RESOLVED that the Clerk of the House of
Representatives is instructed to transmit a copy of this resolution to
Mr. Lawsons widow, Mrs. Barbara Lawson, and a copy to the
commissioner of transportation.
Approved March 29,1983.
EASEMENT TO P. D. OIL AND CHEMICAL
STORAGE, INC.
No. 26 (House Resolution No. 72).
A RESOLUTION
Authorizing the State of Georgia, acting by and through the State
Properties Commission, to grant and convey to P. D. Oil & Chemical
Storage, Inc., a Georgia corporation, its successors and assigns, an
easement over, under, across, and through certain property owned
and claimed by the state, located in Chatham County, Georgia, in the
Savannah River, for the construction, installation, operation, mainte-
nance, repair, and replacement of berthing, docking, and storage
facilities and improvements to be used in connection with the receiv-
ing, storing, loading, and unloading of liquid container ships, to be
built over, under, across, or through such state owned or claimed
properties, and authorizing the removal and utilization of material
from said state property by P. D. Oil & Chemical Storage, Inc., its
successors and assigns; and for other purposes.
WHEREAS, P. D. Oil & Chemical Storage, Inc., is long-term
tenant of Seaboard Coast Line Railroad Company of a tract of land on
Hutchinson Island in Chatham County, Georgia, and is contract
purchaser of an adjacent tract of land, both of which properties lie on
the north bank of Savannah River; and
WHEREAS, P. D. Oil & Chemical Storage, Inc., proposes to
construct on said properties and will maintain a receiving, storing,
976
GENERAL ACTS AND RESOLUTIONS, VOL. I
and loading-unloading facility, 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, and
loading-unloading equipment; and
WHEREAS, a portion of the proposed facilities is to be located
adjacent to the said property leased or owned by P. D. Oil &
Chemical Storage, Inc., on certain property owned or claimed by the
State of Georgia, in Chatham County, Georgia, in the Savannah
River; and
WHEREAS, the Georgia Department of Natural Resources, in
association with the State Properties Commission, and also the U. S.
Army Corps of Engineers will review the applications of P. D. Oil &
Chemical Storage, Inc., and, upon determination that all proposed
facilities comply with the standards as set forth in the laws, rules, and
regulations administered by the Department of Natural Resources
and the U. S. Army Corps of Engineers, will issue any and all permits
and other approvals that may be necessary to construct, operate, and
maintain said facility in the location of the easement area and on
adjacent lands, and P. D. Oil & Chemical Storage, Inc., desires, prior
to commencing construction following granting of the necessary
permits, to have an 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 easement and certain river bottom material in
the construction of the harbor basin in consideration of the monetary
sum specified herein and for the further consideration of the ease-
ment 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 LAWS 1983 SESSION
977
Georgia of the sum of $5,000.00 and upon such other terms and
conditions as approved by the State Properties Commission, the
State of Georgia, acting by and through the State Properties Commis-
sion, is authorized to grant to P. D. Oil & Chemical Storage, Inc., a
Georgia corporation, its successors and assigns, an easement to use,
occupy, employ, and enjoy for the purposes of constructing, installing,
operating, maintaining, repairing, and replacing a receiving, storing,
docking, loading, and unloading facility and improvements, and for
installing, repairing, and removing piers, docks, breasting dolphins,
pilings, appurtenances thereto, and all facilities and improvements
that shall be reasonably necessary for or in connection therewith, and
for dredging the river bottom for navigational purposes, across,
under, over, and through the bed or bottom of the Savannah River
and the intertidal area of the north bank thereof, subject always to
the initial and continuing compliance by P. D. Oil & Chemical
Storage, Inc., its successors and assigns, with all applicable laws
pertaining to the subject matter hereof and the properties affected
hereby, and subject always to the use and enjoyment by the public of
any navigable waters involved herein, the property subject to said
easement being more particularly described as follows:
ALL that portion of river bottom and intertidal land situate, lying
and being in Chatham County, Georgia, on the North bank of the
Savannah River lying between the ordinary high water line or mark of
the Savannah River on the North; the Harbor or Pier Line of the
Savannah River (as designated by the U. S. Army Corps of Engineers)
on the South; the North-South projection of Harbor Line Marker P-
76 on the East; and the North-South projection of Harbor Line
Marker P-77 on the West.
ALL as will more fully appear by reference to a plat of said
property which P. D. Oil & Chemical Storage, Inc. will cause to be
prepared and filed with and approved by the Commissioner of the
Georgia Department of Natural Resources and the State Properties
Commission.
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 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 owned or leased by P. D. Oil & Chemical Storage, Inc., its
successors and assigns), wherever its exact location, on the north, and
978
GENERAL ACTS AND RESOLUTIONS, VOL. I
the harbor or pier line of the north bank of the Savannah River, as
now or hereafter established and designated by the U. S. Army Corps
of Engineers, on the south.
BE IT FURTHER RESOLVED that P. D. Oil & Chemical Stor-
age, Inc., its successors and assigns, are authorized to utilize materials
removed from the river bottom of the Savannah River in construction
of said facility in accordance with the plans and specifications
attached to the application to the U. S. Army Corps of Engineers for
such consideration and terms as the State Properties Commission
shall determine to be in the best interests of the State of Georgia but
in no case to be less than $250.00.
BE IT FURTHER RESOLVED that said easement is made only
for the purposes aforesaid and shall continue only so long as P. D. Oil
& Chemical Storage, Inc., its successors and assigns, continue to
maintain and operate the aforesaid facilities, and should said facili-
ties be permanently abandoned or the use thereof permanently
discontinued, said easement shall terminate.
Approved March 29,1983.
LEASE OF CERTAIN TRACTS LOCATED IN
FULTON COUNTY AUTHORIZED.
No. 27 (House Resolution No. 76).
A RESOLUTION
Authorizing the leasing of certain state owned property located in
the City of Atlanta, Fulton 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
1.5 acres located in Fulton County, Georgia; and
GEORGIA LAWS 1983 SESSION
979
WHEREAS, said property is under the custody and management
of the State Properties Commission; and
WHEREAS, said real property is all that tract or parcel of land
lying and being in Fulton County, Georgia, and being generally
described as follows:
All that certain parcel or tract of real property situate, lying and
being in Fulton County, Georgia, and being more particularly
described as follows:
Beginning at a point located at
coordinate y 1,365,150.38
x 434,204.20
and running thence along an azimuth of 136 11 59
a distance of 69.23 feet to a point located at
coordinate y 1,365,200.35
x 432,156.28;
running thence along an azimuth of 140 04 20
a distance of 40.19 feet to a point located at
coordinate y 1,365,231.17
x 432,130.48;
running thence along an azimuth of 149 30 43
a distance of 25.72 feet to a point located at
coordinate y 1,365,253.34
x 432,117.43;
running thence along an azimuth of 125 41 56
a distance of 25.83 feet to a point located at
coordinate y 1,365,268.41
x 432,096.45;
running thence along an azimuth of 139 31 08
a distance of 109.72 feet to a point located at
coordinate y 1,365,351.86
x 432,025.23
980
GENERAL ACTS AND RESOLUTIONS, VOL. I
running thence along an azimuth of 133 43 17
a distance of 39.60 feet to a point located at
coordinate y 1,365,379.24
x 431,996.60;
running thence along an azimuth of 176 43 24
a distance of 00.88 feet to a point located at
coordinate y 1,365,380.11
x 431,996.55;
running thence along an azimuth of 134 57 04
a distance of 8.27 feet to a point located at
coordinate y 1,365,385.95
x 431,990.70;
running thence along an azimuth of 135 04 49
a distance of 10.08 feet to a point located at
coordinate y 1,365,393.09
x 431,983.58;
running thence along an azimuth of 134 27 36
a distance of 11.99 feet to a point located at
coordinate y 1,365,401.49
x 431,975.02;
running thence along an azimuth of 133 56 19
a distance of 12.03 feet to a point located at
coordinate y 1,365,409.84
x 431,966.36;
running thence along an azimuth of 126 13 26
a distance of 11.70 feet to a point located at
coordinate y 1,365,416.75
x 431,956.92;
running thence along an azimuth of 144 55 25
a distance of 7.00 feet to a point located at
coordinate y 1,365,422.48
x 431,952.90;
GEORGIA LAWS 1983 SESSION
981
running thence along an azimuth of 246 43 41
a distance of 28.84 feet to a point located at
coordinate y 1,365,433.87
x 431,979.40;
running thence along an azimuth of 308 30 10
a distance of 51.90 feet to a point located at
coordinate y 1,365,401.56
x 432,020.01;
running thence along an azimuth of 324 42 32
a distance of 5.16 feet to a point located at
coordinate y 1,365,397.35
x 432,022.99;
running thence along an azimuth of 213 52 06
a distance of 8.94 feet to a point located at
coordinate y 1,365,404.77
x 432,027.97;
running thence along an azimuth of 303 24 42
a distance of 288.86 feet to a point located at
coordinate y 1,365,245.71
x 432,269.09;
running thence along an azimuth of 034 17 10
a distance of 2.96 feet to a point located at
coordinate y 1,365,243.26
x 432,267.43;
running thence along an azimuth of 034 01 44
a distance of 6.09 feet to a point located at
coordinate y 1,365,238.21
x 432,264.02;
running thence along an azimuth of 034 05 50
a distance of 6.24 feet to a point located at
coordinate y 1,365,233.04
x 432,260.52;
982
GENERAL ACTS AND RESOLUTIONS, VOL. I
running thence along an azimuth of 129 36 30
a distance of 1.51 feet to a point located at
coordinate y 1,365,234.00
x 432,259.36;
running thence along an azimuth of 033 24 48
a distance of 100.18 feet to a point located at
coordinate y 1,365,150.38
x 432,204.20;
All grid coordinate referenced being based on the Georgia State
Plane Coordinate System. The above-described real property being
the real property designated as PARCEL NO. 2 on a certain plat of
survey entitled PROPERTY OF STATE OF GEORGIA W & A
RAILROAD BETWEEN WHITEHALL-PEACHTREE AND CEN-
TRAL AVENUE dated October 11, 1963, revised February 1, 1971
and further revised May 27, 1971, and prepared by State Highway
Department of Georgia, Division of Surveys and Aerial Mapping,
more particularly by Joe V. Evans, Georgia Registered Land Surveyor
No. 1105, revised by Division of Surveys and Aerial Mapping, more
particularly by John O. Rosser, Jr., Georgia Registered Land Sur-
veyor No. 1267;
and
WHEREAS, the property is currently not 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 leasing 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 lease any or all of the above-described property for a period not to
exceed 5 years and upon such terms and conditions as the State
Properties Commission shall, in its discretion, determine to be in the
best interests of the State of Georgia.
GEORGIA LAWS 1983 SESSION
983
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such leasing.
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 March 29,1983.
LAND CONVEYANCE TO THE CITY COUNCIL
OF AUGUSTA.
No. 28 (House Resolution No. 106).
A RESOLUTION
Authorizing the State of Georgia to convey certain state-owned
real and personal property located within the City of Augusta,
Richmond County, Georgia, to the City Council of Augusta; 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 lying within the County of Richmond and the City of
Augusta, Georgia, being four tracts in the same general area separated
by streets and alleys, one tract being commonly known as the Mackay
House, the Ezekiel Harris House, or the White House property and
three tracts sometimes called the Harrisburg Gospel Center property,
hereinafter collectively sometimes called said real property; and
WHEREAS, said real property, which is presently under the
custody of the Department of Natural Resources, comprises in the
984
GENERAL ACTS AND RESOLUTIONS, VOL. I
aggregate 3.7 acres, more or less, and is more particularly described as
follows:
All those certain tracts or parcels of land, with improvements
thereon, situate, lying and being in the City of Augusta, Richmond
County, Georgia, and being the same parcels or tracts of land as
described in tbe following deeds conveying said property to the State
of Georgia and recorded in the deed records of Richmond County as
indicated:
(1) Harrisburg Gospel Center, Inc., to the State of
Georgia, dated February 5,1975, recorded at Reel 44, Pages 1315-
1322, plat recorded at Realty Reel 43, Pages 2501-2506;
(2) Edgar E. Murrah to the State of Georgia, dated
January 8, 1975, recorded at Reel 43, Pages 2498-2500, plat
attached to deed;
(3) Marion Hubbard to the State of Georgia, dated
August 15, 1974, recorded at Reel 39, Pages 1607-1612, plat
attached to deed;
(4) The Richmond County Historical Society, Inc., to
the State of Georgia, dated October 23, 1956, recorded in Book
23Z, Pages 308-310, plat recorded in Realty Book 5-W, Page 501;
(5) Emmett F. Barnes to the State of Georgia, dated
August 12, 1958, recorded in Book 25J, Pages 510-511, plat
attached to deed;
(6) Wilmer D. Lanier to the State of Georgia, dated July
12, 1963, recorded in Book 29K, Pages 697-700, plat attached to
deed;
(7) W. K. Whittle to the State of Georgia, dated July 15,
1963, recorded in Book 29K, Pages 846-849, plat attached to deed;
Reference is hereby made to the heretofore identified deeds of
conveyance and respective plats for a more particular description of
said real property.;
and
GEORGIA LAWS 1983 SESSION
985
WHEREAS, the State of Georgia is the owner of certain personal
property located at the Mackay House, also known as the Ezekiel
Harris House, an inventory of which is on file in the office of the
commissioner of the Department of Natural Resources; and
WHEREAS, the above-described real property and certain per-
sonal property located thereon is no longer needed by the Depart-
ment of Natural Resources or the State of Georgia and is, therefore,
surplus; and
WHEREAS, by Resolution dated October 4,1982, the City Coun-
cil of Augusta authorized acceptance of title to said real property.
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 3.7 acres, more or less, of real property in the City of
Augusta, Richmond 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 the City Council of Augusta the hereinabove-
described real property for the monetary consideration of the sum of
$1.00, subject to the covenant stated herein.
Section 3. That in the quitclaim deed conveying the herein-
above-described real property, the City Council of Augusta shall
covenant to use only for public purposes that portion of the property
acquired by the state from Marion Hubbard, The Richmond County
Historical Society, Inc., Emmett F. Barnes, Wilmer D. Lanier, and W.
K. Whittle, all being adjoining tracts and collectively known as the
Mackay House or Ezekiel Harris House property.
Section 4. That the above covenant by the City Council of
Augusta shall be a covenant running with the land and not a limita-
tion upon the estate granted to the City Council of Augusta.
Section 5. That the conveyance to the City Council of Augusta of
said real property shall be upon such other terms and conditions as
shall be prescribed by the State Properties Commission.
986
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. That the State Properties Commission is authorized
to do all acts and things necessary and proper to effect such convey-
ance.
Section 7. That for purposes of compliance with the provisions
of paragraph (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 several plats of
said real property referenced in the deeds of conveyance heretofore
identified shall collectively constitute an acceptable plat for filing
with the Secretary of State.
Section 8. That the Department of Administrative Services is
authorized and directed to sell and transfer by appropriate instru-
ment to the City Council of Augusta that certain personal property
located on the above-referenced real property which is listed on an
inventory on file in the office of the commissioner of the Department
of Natural Resources and declared as surplus by the Department of
Natural Resources.
Section 9. That said personal property shall be sold and trans-
ferred to the City Council of Augusta for the monetary sum of $1.00, it
being the intent of the General Assembly that such sale and transfer
is in the best interests of the State of Georgia and that such nominal
consideration constitutes a reasonable consideration for said property
under the circumstances.
Section 10. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 11. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 29,1983.
GEORGIA LAWS 1983 SESSION
987
EASEMENT TO THE CITY OF BRUNSWICK.
No. 29 (House Resolution No. 158).
A RESOLUTION
Authorizing and empowering the State of Georgia, acting by and
through its State Properties Commission, to grant and convey to the
City of Brunswick, Georgia, its successors and assigns, an easement in
certain real property owned or claimed by the state, situated on the
Brunswick-Altamaha Canal in Glynn County, Georgia, for the con-
struction, installation, operation, maintenance, repair, and replace-
ment thereon of an expansion of the existing Academy Creek Waste-
water Treatment Facility and authorizing in the easement and as a
part of said construction the removal of old garbage and buried mud
from said state property and the discharge of fill material onto said
state property; and for other purposes.
WHEREAS, the City of Brunswick, Georgia, proposes to con-
struct an expansion of the existing Academy Creek Wastewater
Treatment Facility on the Brunswick-Altamaha Canal in Glynn
County, Georgia; and
WHEREAS, the City of Brunswick, Georgia, its successors and
assigns, desires an easement from the state in order to construct,
operate, and maintain said proposed expansion facility; and
WHEREAS, the construction of said proposed expansion facility
includes the removal of old garbage and buried mud from real
property owned or claimed by the state and the filling of said property
to form a solid foundation for construction; and
WHEREAS, the property is all that tract of land, consisting of
approximately 5.2 acres of wetlands, situate, lying and being in the
City of Brunswick, West of the intersection of T Street and
Newcastle Street on the Brunswick-Altamaha Canal in Glynn
County, Georgia, and more particularly shown on a Location Map
attached to the Joint Public Notice SASOP-FP 074 OYN 004505
issued on July 12,1982, by the United States Army Savannah District
Corps of Engineers on file in the office of the State Properties
Commission and the Department of Natural Resources; and
988
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the Department of Natural Resources will review the
plans of the City of Brunswick, Georgia, for the proposed expansion
facility and, upon a determination that the proposed removal of
material from said property, the filling of said property, and the
construction of the proposed expansion facility on said property
comply with the standards as set forth in the laws, rules, and
regulations administered by the Department of Natural Resources,
will issue any and all permits and other approvals that may be
necessary to construct, operate, maintain, and repair said proposed
expansion facility in the location of the easement area and on
adjacent lands; and
WHEREAS, the construction of the proposed expansion facility is
also subject to a United States Army Corps of Engineers permit; and
WHEREAS, the grant of such easement by the General Assembly
of Georgia would be in the public interest, and the State of Georgia is
willing to grant and convey an easement in the above-described 5.2
acres of wetlands in Glynn County, Georgia, to the City of Brunswick,
Georgia, in consideration of the monetary sum specified herein and
upon the conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY
THE GENERAL ASSEMBLY OF GEORGIA that the State of
Georgia, acting by and through its State Properties Commission, is
authorized and empowered to grant and convey to the City of
Brunswick, Georgia, its successors and assigns, an easement in the
above-described 5.2 acres of wetlands in Glynn County, Georgia, for
the purpose of constructing, operating, maintaining, repairing, and
replacing thereon of an expansion of the Academy Creek Wastewater
Treatment Facility and for removing garbage and mud therefrom and
for discharging fill material thereon in connection with said construc-
tion, upon the following conditions:
(1) Issuance of a permit by the United States Army Corps of
Engineers which authorizes the construction, operation, maintain-
ing, repairing, and replacing of the proposed expansion facility
and the removal of material from the subject property and the
discharge of fill material onto the subject property; and
(2) Approval by the Department of Natural Resources of
the City of Brunswick, Georgia, plans for the construction of the
proposed expansion facility; and
GEORGIA LAWS 1983 SESSION
989
(3) Continuing compliance by the City of Brunswick,
Georgia, its successors and assigns, with all applicable laws, rules,
and regulations pertaining to the subject matter hereof; and
(4) Preparation of a current and accurate field survey, and a
plat thereof, showing with particularity the location of the prop-
erty subject to the easement and the easement area, the cost of
which survey shall be paid by the City of Brunswick, Georgia, and
which survey shall be approved by the State Properties Commis-
sion; and
(5) Payment to the State of Georgia of $10.00 consideration
by the City of Brunswick, Georgia; and
(6) Such other terms and conditions as the State Properties
Commission shall determine to be in the best interests of the State
of Georgia.
BE IT FURTHER RESOLVED AND ENACTED that said ease-
ment is made only for the purposes set out above and shall continue
only so long as the City of Brunswick, Georgia, its successors and
assigns, continues to maintain and operate the proposed expansion of
the existing Academy Creek Wastewater Treatment Facility; and,
should said proposed expansion facility be permanently abandoned
or the use thereof permanently discontinued, said easement shall
terminate.
Approved March 29,1983.
EASEMENT TO THE CITY OF ATLANTA.
No. 30 (House Resolution No. 220).
A RESOLUTION
Authorizing and empowering the State of Georgia, acting by and
through the State Properties Commission, to grant and convey to the
990
GENERAL ACTS AND RESOLUTIONS, VOL. I
City of Atlanta an easement over, under, across, and through certain
property owned by the State of Georgia and located in Fulton County,
Georgia, for the construction, installation, operation, maintenance,
repair, improvement, and replacement of sewerage and drainage
system improvements to be built over, under, across, or through such
state owned properties; and for other purposes.
WHEREAS, the City of Atlanta proposes to acquire, construct,
improve, maintain, and place into operation and to operate or cause
to be placed into operation and operated sewerage and drainage
system improvements known as Task 2 of the Three Rivers Water
Quality Management Program in Fulton County, Georgia; and
WHEREAS, located on the above-mentioned property is the
Confederate Soldiers Home of Georgia, which property is now under
the custody and management of the State of Georgia Department of
Defense; 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 system to be established and that the State of Georgia grant and
convey an easement under 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 the State of Georgia, acting by and
through its State Properties Commission, is authorized to grant and
convey to the City of Atlanta an easement to use, occupy, employ, and
enjoy for the purposes of constructing, installing, operating, main-
taining, repairing, improving, and replacing sewerage and drainage
system improvements and all facilities and improvements that shall
be reasonably necessary in connection therewith over, under, across,
and through certain property in Fulton County, Georgia, upon the
following conditions:
GEORGIA LAWS 1983 SESSION
991
(1) The specific property of said easement area shall be shown
on a current and accurate field survey, and a plat thereof, showing
with particularity the location of the property subject to the easement
and the easement area, which property is a part of the following
described property:
All that tract or parcel of land lying and being in the 14th
District of originally Henry, now Fulton County, Georgia, and
parts of Land Lots Nos. 9 and 10, 23 and 24, known as part of the
Julius A. Hayden Farm, and being more particularly described as
follows:
COMMENCING on the Land Lot Line between Land Lots
No. 10 and 23 at W. P. Robinsons Southeast corner; running
thence S85-1/2, 682 feet; running thence N5 640 feet; running
thence N88 1,021 feet to a branch; running thence southwardly,
along the meanderings of said branch, 3,320 feet, more or less, to
the center of Entrenchment Creek; running thence westwardly,
along the center of Entrenchment Creek, 1,950 feet, more or less,
to within 50 feet of Benteens line; running thence N1130W
1,700 feet, more or less, to the east prong of Entrechment Creek;
running thence northeastwardly 650 feet, more or less, to W. P.
Robinsons line; running thence S80 433 feet to the beginning
point; containing 119-1/4 acres, and more fully shown in the plat
thereof attached to and recorded with, the deed to said property
by Emma con der Hoya Schultze to the Committee on location of
said Home, and recorded in Book L-3, page 398, in the Clerks
office of the Superior Court of said County; the same surveyed and
platted by R. M. Clayton, Civil Engineer,
the cost of which survey shall be paid by the City of Atlanta, and
which survey shall be approved by the State Properties Commission
and the State Department of Defense; and
(2) Approval by the State Department of Defense of said ease-
ment to ensure that the access to the easement area will not interfere
with the departments needs for physical security of military and real
property; and
(3) The City of Atlanta shall agree that any additional construc-
tion, alterations, or repairs shall be done in a manner so as not to
interfere with the control of access by the State Department of
Defense commensurate with the needs for physical security of mili-
tary and real property; and
992
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Continuing compliance by the City of Atlanta with all appli-
cable laws, rules, and regulations pertaining to the subject matter
hereof; and
(5) Payment to the State of Georgia of a consideration of $10.00
by the City of Atlanta; and
(6) Such other terms and conditions as the State Properties
Commission shall determine to be in the best interests of the State of
Georgia.
BE IT FURTHER RESOLVED that said easement is made only
for the purposes set out above and shall continue only so long as the
City of Atlanta continues to maintain and operate the proposed
facility; and, should said proposed facility be permanently abandoned
or the use thereof permanently discontinued, said easement shall
terminate.
Approved March 29,1983.
LAND CONVEYANCE TO THE BIBB COUNTY
BOARD OF COMMISSIONERS.
No. 31 (House Resolution No. 222).
A RESOLUTION
Authorizing and empowering the State of Georgia, acting by and
through its State Properties Commission, to grant and convey to the
Bibb County Board of Commissioners, its successors and assigns,
certain real property owned or claimed by the state, located within
the City of Macon, Bibb County, Georgia; and for other purposes.
WHEREAS, the Bibb County Board of Commissioners proposes
to construct, on the above-mentioned state property, facilities to
house the Bibb County Department of Family and Children Services;
and
GEORGIA LAWS 1983 SESSION
993
WHEREAS, the Bibb County Board of Commissioners, its succes-
sors and assigns, desires a conveyance from the state in order to
construct, operate, maintain, and repair said facility; and
WHEREAS, the Bibb County Department of Family and Child-
ren Services desires to consolidate its services and provide services to
the public within the City of Macon, Bibb County, Georgia; and
WHEREAS, the property is all that tract of land, consisting of
approximately 2.4 acres lying and being in the City of Macon, south of
Oglethorpe Street, east of Third Street, west of Broadway, and north
of the properties of Moate Produce Company and Stokes & Shaheen
Produce Company, and more particularly shown as Parcel A on a
plat of survey dated December 19, 1980, prepared for the State of
Georgia by Tommie M. Donaldson, Jr., of Tribble & Richardson, Inc.,
Georgia Registered Land Surveyor No. 1617, said plat on file in the
office of the State Properties Commission; and
WHEREAS, the conveyance of such real property would be in the
public interest, and the State of Georgia is willing to grant and convey
the above-described 2.4 acres of property located within the City of
Macon, Bibb County, Georgia, to the Bibb County Board of Commis-
sioners, in consideration of the monetary sum specified herein and
upon the terms and conditions set forth herein.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY
THE GENERAL ASSEMBLY OF GEORGIA that the State of
Georgia, acting by and through its State Properties Commission, is
authorized and empowered to grant and convey to the Bibb County
Board of Commissioners, its successors and assigns, the above-
described 2.4 acres of real property located within the City of Macon,
Bibb County, Georgia, for the purpose of constructing, operating,
maintaining, and repairing a facility that will be utilized by the Bibb
County Department of Family and Children Services, upon the
following conditions:
(1) Construction of the above-mentioned facility shall begin no
later than five years from the date of execution of said conveyance
between the State of Georgia and the Bibb County Board of Commis-
sioners; and
(2) Payment to the State of Georgia of $10.00 and other valuable
considerations; and
994
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Such other terms and conditions as the State Properties
Commission shall determine to be in the best interests of the State of
Georgia.
BE IT FURTHER RESOLVED AND ENACTED that said real
property is conveyed only for the purposes set out above and shall be
valid only so long as the Bibb County Board of Commissioners, its
successors and assigns, continues to maintain and operate the pro-
posed facility to be utilized by the Bibb County Department of
Family and Children Services; and, should said proposed facility be
permanently abandoned or the use thereof permanently discon-
tinued, said real property shall revert to the State of Georgia.
Authorizing the conveyance of certain State owned property to
Mr. G. B. Lee; and for other purposes.
WHEREAS, Mr. G. B. Lee made a gift of certain property to the
Georgia Department of Transportation for use as a roadside park; and
WHEREAS, the property has been abandoned as a roadside park
and is no longer needed by the State; and
WHEREAS, said real property is more particularly described as
follows:
One acre of land in land lot number 510 in the 12th land district of
Clinch County, Georgia and more fully described as follows:
For point of beginning start at North East corner of Lot of Land
number 510 and running in a southernly direction along land lot line
between land lot number 510 and land lot number 511 992 feet to
south side of right of way of State Highway 38; thence South 70
degrees 00 minutes West 360 feet along South side of right of way
number 38 to a point of beginning, a concrete marker; thence South
20 degrees 00 minutes East 175 feet to a concrete marker; thence
South 70 degrees 00 minutes West 248.9 feet to a concrete marker;
thence North 20 degrees 00 minutes West 175 feet to a concrete
marker; thence North 70 degrees 00 minutes East 248.9 feet to a point
of beginning.
WHEREAS, Mr. G. B. Lee is desirous of obtaining the abandoned
property.
GEORGIA LAWS 1983 SESSION
995
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Georgia Department of Trans-
portation is hereby authorized and directed to convey to Mr. G. B.
Lee the hereinabove described tract of property for and in consider-
ation of the sum of $1.00.
Approved March 29,1983.
SALE OF CERTAIN TRACT LOCATED IN
SPALDING COUNTY AUTHORIZED.
No. 32 (House Resolution No. 64).
A RESOLUTION
Authorizing and empowering the State of Georgia, acting by and
through its Department of Human Resources, to sell and convey by
quitclaim deed all of its rights, title, and interests in and to all or any
portion or portions of a certain tract of property situated in Spalding
County, Georgia; to provide an effective date; to repeal conflicting
laws; and for other purposes.
WHEREAS, the State of Georgia, through its Department of
Human Resources, claimed a lien on the herein described property
pursuant to the Child Support Recovery Act, Article 1 of Chapter
11 of Title 19 of the Official Code of Georgia Annotated; and
WHEREAS, the herein described property was sold in 1982 at a
sheriffs sale in order to enforce said lien; and
WHEREAS, the State of Georgia purchased the herein described
property at said sheriffs sale in order to collect the amount of the
debt owed by the previous owner of the herein described property
pursuant to said Child Support Recovery Act; and
996
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, pursuant to said sheriffs sale, the State of Georgia
acquired by virtue of a sheriffs deed the following described prop-
erty:
All that tract or parcel of land, situate, lying and being in Land
Lot 247, Second Land District of originally Monroe, now Spalding
County, Georgia, and more particularly described as follows: Said lot
or tract of land contains one acre, more or less, and fronts on the East
margin of McDonough Road (Highway No. 155) a distance of 106 feet,
and extends back, in an easterly direction of even width, a distance of
314 feet, on both the North and South line with a rear width on the
East side of 106 feet.
Said property is bounded, North by property of Horace Man-
gham; East by Slade lands, South by other lands of Wadie Slaton; and
West by McDonough Road (Highway No. 155).
The above described property is the same property as that con-
veyed by Sallie Mae Stanley by deed dated November 14,1970, and
recorded in Deed Book 287, Page 490, Spalding County Superior
Court records.;
and
WHEREAS, the State of Georgia does not need the above-
described property and desires to sell and convey by quitclaim deed
all of its rights, title, and interests in and to all or any portion or
portions of the same in order to satisfy all or part of the debt owed by
the previous owner pursuant to the said Child Support Recovery
Act.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia, acting by and through its
Department of Human Resources, is authorized and empowered to
sell and convey by quitclaim deed all of its rights, title, and interests
in and to all or any portion or portions of the above-described
property, at either private or public sale, with or without prior
advertisement and pursuant to or not pursuant to public competitive
bidding, as the Department of Human Resources shall deem to be in
the best interest of the State of Georgia, at a price and upon such
terms and conditions as the Department of Human Resources shall
deem to be in the best interest of the State of Georgia.
GEORGIA LAWS 1983 SESSION
997
Section 2. That the Department of Human Resources is autho-
rized and empowered to do all acts necessary and proper to effect such
sales and conveyances.
Section 3. That any existing plat of survey of the above-
described property, which is acceptable to the Department of Human
Resources, shall be deemed sufficient to satisfy the requirements of
paragraph (4) of subsection (b) of Code Section 50-16-122 of the
Official Code of Georgia Annotated; and, in the event the Department
of Human Resources cannot find an existing plat of survey, then no
plat of survey of the above-described property shall be required to be
filed with the Secretary of State in implementing this resolution.
Section 4. That this resolution shall become effective 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 March 29,1983.
TAX CREDIT FOR FAMILY SUPPORT OF THE
MENTALLY RETARDED, HANDICAPPED, AND ELDERLY
STUDY COMMITTEE CREATED.
No. 33 (House Resolution No. 12).
A RESOLUTION
Creating the Tax Credit for Family Support of the Mentally
Retarded, Handicapped, and Elderly Study Committee; and for other
purposes.
WHEREAS, federal and state regulations raise barriers to family
support of the mentally retarded, handicapped, and elderly; and
998
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, federal and state payment plans include nursing
home care but not care in the home; and
WHEREAS, families that provide care at home for a mentally
retarded, handicapped, or elderly relative requiring considerable
medical attention are denied comprehensive coverage by both medi-
care or Medicaid; and
WHEREAS, relatives cannot be reimbursed for housing the men-
tally retarded, handicapped, or elderly person or for providing per-
sonal attention, even though one working member of the family might
have to stay home with the patient, or for other necessary expenses;
and
WHEREAS, the cost to the state of housing the mentally
retarded, handicapped, or elderly in institutions far exceeds the cost
of housing the relative with family members; and
WHEREAS, it might be desirable to provide for a state income tax
credit to taxpayers who maintain and support such persons.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is created the Tax Credit for
Family Support of the Mentally Retarded, Handicapped, and Elderly
Study Committee to be composed of three members of the Senate to
be appointed by the President of the Senate and three members of
the House of Representatives to be appointed by the Speaker of the
House. The Speaker of the House of Representatives shall appoint
the chairman of the committee, and the President of the Senate shall
appoint the vice chairman. The committee shall meet upon the call of
the chairman.
GEORGIA LAWS 1983 SESSION
999
BE IT FURTHER RESOLVED that the committee shall under-
take a study of the problems mentioned above and any other prob-
lems related thereto and recommend necessary steps needed to be
undertaken to alleviate any such problems. The committee may
conduct such meetings at such places and at such times as it may
deem necessary or convenient to enable it to exercise fully and
effectively its powers, perform its duties, and accomplish the objec-
tives and purposes of this resolution. The members of the committee
shall receive the allowances authorized for legislative members of
interim legislative committees but shall receive the same for not more
than ten days. The funds necessary to carry out the provisions of this
resolution shall come from the funds appropriated to or available to
the legislative branch of government. The committee shall make a
report of its findings and recommendations, with suggestions for
proposed legislation, if any, no later than December 15,1983 at which
time the committee shall stand abolished.
Approved March 29,1983.
RESOLUTION CREATING THE STATE-WIDE FIRE
PROTECTION STUDY COMMITTEE AMENDED.
No. 34 (House Resolution No. 90).
A RESOLUTION
To amend a resolution creating the State-wide Fire Protection
Study Committee, approved April 14,1981 (Ga. L. 1981, p. 1517), as
amended, so as 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.
1000
GENERAL ACTS AND RESOLUTIONS, VOL. I
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), as
amended, is 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, 1984. The committee shall also recommend a plan for
improving communications and coordination among the various state
agencies and state-wide organizations involved in fire protection and
fire prevention services and emergency medical services. Such plan
shall be submitted to the involved agencies and organizations on or
before July 1, 1984, on which date the committee shall stand abol-
ished.
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 March 29,1983.
OFFENSE OF OPERATING MOTOR VEHICLE WHILE
INTOXICATED, ETC. PUNISHMENT.
Code Title 40 Amended.
No. 445 (House Bill No. 130).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to amend and revise the
GEORGIA LAWS 1983 SESSION
1001
laws relating to the criminal penalties and administrative sanctions
imposed for operating a motor vehicle while under the influence of
alcohol or drugs; to provide procedures and sanctions for violations of
the offense of driving under the influence of alcohol or drugs; to
provide for applicability; to provide definitions; to provide for the
surrender of the drivers licenses of persons charged with driving
under the influence of alcohol or drugs; to provide for the issuance of
temporary driving permits; to provide for the disposition of drivers
licenses; to provide for the suspension and revocation of the drivers
licenses of persons convicted of driving under the influence of alcohol
or drugs; to provide procedures and conditions for pleas of nolo
contendere; to provide for a suspension of a drivers license upon a
failure to comply with certain conditions; to provide limitations of
periods of suspensions; to provide for the reinstatement of suspended
drivers licenses; to limit the applicability of certain provisions of the
Code subject to the provisions of the article dealing with violations of
the offense of driving under the influence of alcohol or drugs; to
provide for the reinstatement of driving privileges upon attending
certain courses and programs; to provide for the suspension of the
drivers license of any person convicted of homicide by vehicle in the
first degree; to provide that it shall be unlawful to be in actual control
of any moving vehicle with 0.12 percent or more by weight of alcohol
in the blood; to provide penalties for convictions of that offense; to
change the penalties for a conviction of the offense of driving under
the influence of alcohol or drugs; to change the penalties for a
conviction of related offenses; to change the period of time during
which prior violations shall be considered; to provide for the condi-
tions under which such penalties may be suspended, stayed, or
probated; to limit the authority to suspend, stay, or probate these
penalties; to provide that certain courts shall be authorized to impose
these penalties notwithstanding limits in municipal charters; to
authorize certain courts to probate, stay, or suspend sentences
imposed for certain offenses; to provide that the provisions of Code
Section 17-10-3 of the Official Code of Georgia Annotated, relating to
general punishment for misdemeanors including traffic offenses, and
the provisions of Article 3 of Chapter 8 of Title 42 of the Official Code
of Georgia Annotated, relating to probation of first offenders, shall
not apply to certain convictions; to change the penalty imposed for
1002
GENERAL ACTS AND RESOLUTIONS, VOL. I
violations of certain provisions of Code Section 40-6-393, relating to
homicide by vehicle; to allow certain evidence to be introduced at
trials; to change certain references to the offense of driving under the
influence of alcohol or drugs to include the offense of being in actual
control of any moving vehicle with 0.12 percent or more by weight of
alcohol in the blood; to provide for all other matters relative to the
foregoing; to amend Code Section 15-11-49 of the Official Code of
Georgia Annotated, relating to juvenile traffic offenses, so as to
continue the exception which states that driving under the influence
of alcohol or drugs shall not constitute a juvenile traffic offense; 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 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, is amended by adding between
Article 3 and Article 4 of Chapter 5 of said title a new Article 3.1 to
read as follows:
ARTICLE 3.1
40-5-67. From and after September 1,1983, the provisions of this
article shall apply to all cases in which a person is charged with
violating the provisions of Code Section 40-6-391, relating to operat-
ing a motor vehicle while under the influence of alcohol or drugs. All
provisions of this Code which are applicable to traffic offenses
generally and to violations of Code Section 40-6-391 shall continue to
be applicable to the extent that such provisions are not inconsistent
with the provisions of this article.
40-5-68. As used in this article, the term:
(1) Code Section 40-6-391 means Code Section 40-6-391 of
the Official Code of Georgia Annotated, as now or hereafter
amended, and any local ordinance adopted pursuant to Article 14
of Chapter 6 of Title 40, which ordinance adopts the provisions of
Code Section 40-6-391.
(2) Conviction means a forfeiture of bail or other collateral
deposited to secure a defendants appearance in court; the imposi-
tion of a fine or imprisonment, regardless of whether such fine or
imprisonment is suspended, probated, stayed, or rebated; a plea of
guilty; a finding of guilt; or a plea of nolo contendere.
GEORGIA LAWS 1983 SESSION
1003
40-5-69. (a) Whenever a person is charged with violating Code
Section 40-6-391, the law enforcement officer shall take the drivers
license of the person so charged. The drivers license shall be
attached to the courts copy of the uniform traffic citation and
complaint form and shall be forwarded to the court having jurisdic-
tion of the offense. A copy of the uniform traffic citation and
complaint form shall be forwarded, within 15 days of issue, to the
Department of Public Safety. Taking the drivers license as required
in this Code section shall not prohibit any law enforcement officer or
agency from requiring any cash bond authorized by Article 1 of
Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the drivers
license, he shall issue a temporary driving permit to the person. This
temporary driving permit shall be valid until the expiration of 180
days, or until the persons driving privilege is suspended or revoked
under any provision of this title. The Department of Public Safety, at
its sole discretion, may delay the expiration date of the temporary
driving permit, but in no event shall this delay extend beyond the
date when such persons driving privilege is suspended or revoked
under any provision of this title. The department shall by rules and
regulations establish the conditions under which the expiration of the
temporary permit may be delayed.
(c) (1) If the person is convicted of violating Code Section 40-
6-391, the court shall, within 15 days, forward the persons drivers
license and the record of the disposition of the case to the
Department of Public Safety. At this time, the court shall also
require the person to surrender the temporary driving permit
issued pursuant to subsection (b) of this Code section.
(2) If the person is not convicted of violating Code Section
40-6-391, the court shall return the drivers license to the person,
unless the person refused to submit to a blood alcohol test as
required by Code Section 40-5-55. If the person refused to submit
to such test, the drivers license shall be forwarded to the Depart-
ment of Public Safety for disposition in accordance with Code
Section 40-5-55 unless the person can show that he prevailed at a
hearing which was held in accordance with subsection (d) of Code
Section 40-5-55.
40-5-70. (a) The drivers license of any person convicted of
violating Code Section 40-6-391 shall by operation of law be sus-
1004
GENERAL ACTS AND RESOLUTIONS, VOL. I
pended, and such suspension shall be subject to the terms and
conditions provided in subsection (b) of this Code section.
(b) (1) The drivers license of any person convicted of violating
Code Section 40-6-391 shall be suspended as follows:
(A) Upon the first conviction, with no conviction of and
no plea of nolo contendere accepted to a charge of violating
Code Section 40-6-391 within the previous five years, the
period of suspension shall be for one year. At the end of 120
days, the person may apply to the Department of Public
Safety for reinstatement of his drivers license. Such license
shall be reinstated if the person submits proof of completion
of a certified and approved basic alcohol or drug course from
an approved driver improvement clinic and pays a restoration
fee of $25.00. For the purposes of this subparagraph only, an
accepted plea of nolo contendere, with no conviction of and no
plea of nolo contendere accepted to a charge of violating Code
Section 40-6-391 within the previous five years, shall not be
considered a conviction; however, the court having jurisdic-
tion shall forward, as provided in Code Section 40-6-391.1, the
record of such disposition of the case to the Department of
Public Safety and the record of such disposition shall be kept
on file for the purpose of considering and counting such
accepted plea of nolo contendere as a conviction under sub-
paragraphs (B) and (C) of this paragraph;
(B) Upon the second conviction within five years, the
period of suspension shall be for three years. At the end of
120 days, the person may apply to the Department of Public
Safety for reinstatement of his drivers license. Such license
shall be reinstated if the person submits proof of completion
of a certified and approved advanced alcohol or drug program
from an approved driver improvement clinic and pays a
restoration fee of $25.00. For the purposes of this subpara-
graph, a plea of nolo contendere and all prior accepted pleas
of nolo contendere within five years shall be considered and
counted as convictions; and
(C) Upon the third conviction within five years, such
person shall be a habitual violator, and his license shall be
indefinitely suspended pending revocation. The Department
of Public Safety shall revoke such persons drivers license as
GEORGIA LAWS 1983 SESSION
1005
provided in Code Section 40-5-58 and Code Section 40-5-62.
For the purposes of this subparagraph, a plea of nolo contend-
ere and all prior accepted pleas of nolo contendere within five
years shall be considered and counted as convictions.
(2) Notwithstanding the provisions of paragraph (1) of this
subsection which provide for the early reinstatement of a persons
drivers license, the Department of Public Safety shall not rein-
state the drivers license during any period of suspension imposed
under subsection (b) of Code Section 40-5-63.
(c) The periods of suspension provided for in this Code section
shall begin on the date the person is convicted of violating Code
Section 40-6-391.
(d) In all cases in which the department may return a license to a
driver prior to the termination of the full period of suspension, the
department may require such tests of driving skill and knowledge as it
determines to be proper, and the departments discretion shall be
guided by the drivers past driving record and performance.
(e) The commissioner may, before returning a license to a person
prior to the full period of a suspension, require such person to
maintain and present proof of present and future minimum motor
vehicle insurance coverage as defined in paragraph (8) of Code
Section 40-5-1 for a period not to exceed the remaining full period of
suspension. If a person who is required to maintain present and
future motor vehicle insurance coverage ceases to maintain such
coverage, that persons license shall become immediately suspended
without further action by the department and the person shall
forthwith surrender his license to the department. The license shall
remain suspended until present and future minimum motor vehicle
insurance coverage is restored or no longer required. The department
shall establish by rules and regulations the method and manner by
which present and future minimum motor vehicle insurance coverage
shall be proved and maintained, provided that when the full period of
suspension has run, the license shall unconditionally be returned to
the driver.
40-5-71. (a) Any person convicted of violating Code Section
40-6-391 who has not previously been convicted of violating said Code
section within the preceding five years and who has not had his
drivers license suspended under Code Section 40-5-72 may apply to
the Department of Public Safety for a limited driving permit.
1006
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Applications for limited driving permits shall be made upon
such forms as the commissioner may prescribe. Such forms shall
require such information as is necessary for the department to
determine the need for such permit. All applications shall be signed
by the applicant before a person authorized to administer oaths.
(c) The department shall issue a limited driving permit if the
application indicates that refusal to issue such permit would cause
extreme hardship to the applicant. For the purposes of this Code
section, extreme hardship means that the applicant cannot reason-
ably obtain other transportation, and therefore the applicant would
be prohibited from:
(1) Going to his place of employment or performing the
normal duties of his occupation;
(2) Receiving scheduled medical care or obtaining prescrip-
tion drugs;
(3) Attending a college or school at which he is regularly
enrolled as a student; or
(4) Attending under court order any driver education or
improvement school approved by the court which entered the
judgment of conviction resulting in suspension of his drivers
license or by the commissioner.
(d) A limited driving permit shall be endorsed with such condi-
tions as the department deems necessary to ensure that such permit
will be used by the permittee only to avoid the conditions of extreme
hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be
allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee;
(3) Times of travel;
(4) The specific vehicles which the permittee may operate;
and
GEORGIA LAWS 1983 SESSION
1007
(5) Such other restrictions as the department may require.
(e) A permit issued pursuant to this Code section shall be
nonrenewable and shall become invalid upon the expiration of 120
days following the conviction of violating Code Section 40-6-391.
(f) No official or employee of the department shall be criminally
or civilly liable for issuing a limited driving permit as provided for in
this Code section.
(g) (1) Any permittee who is convicted of violating any state
law or local ordinance to which Code Section 40-5-54 or Code
Section 40-5-70 is applicable or any permittee who is convicted of
violating the conditions endorsed on his permit shall have his
permit revoked. Any court in which such conviction is had shall
require the permittee to surrender the permit to the court, and the
court shall forward it to the Department of Public Safety with a
copy of the conviction.
(2) Any person whose limited driving permit has been
revoked shall not be eligible for reinstatement of his drivers
license until six months from the date such permit was revoked
under this subsection.
(h) The department shall not issue a limited driving permit to
any person whose drivers license has been suspended under the
provisions of Code Section 40-5-55; and any limited driving permit
issued under this Code section shall immediately be revoked if,
subsequent to its issue, the permittees driving privilege is suspended
under the provisions of Code Section 40-5-55.
(i) Any person whose permit has been revoked, or who has been
refused a permit by the department, may make a request in writing
for a hearing to be provided by the department. Such bearing shall be
provided by the department within 30 days after the receipt of such
request and shall follow the procedures required by Chapter 13 of
Title 50, the Georgia Administrative Procedure Act. Appeal from
such hearing shall be in accordance with said Act.
(j) The department may promulgate such rules and regulations
as are necessary to implement this Code section.
1008
GENERAL ACTS AND RESOLUTIONS, VOL. I
(k) Any permittee who operates a vehicle in violation of any
condition specified on the permit shall be guilty of a misdemeanor.
40-5-72. (a) The drivers license of any person whose plea of
nolo contendere to a charge of violating Code Section 40-6-391 was
accepted as provided in Code Section 40-6-391.1 but who fails to
complete a certified and approved basic alcohol or drug course from
an approved driver improvement clinic by the date specified in the
courts order issued pursuant to Code Section 40-6-391.1 shall by
operation of law be suspended on such date. Such license shall be
suspended for a period of one year from such date. At any time after
suspension begins, the person may apply to the Department of Public
Safety for reinstatement of his drivers license. Such license shall be
reinstated if the person submits proof of completion of a certified and
approved basic alcohol or drug course from an approved driver
improvement clinic and pays a restoration fee of $25.00.
(b) Any person whose drivers license has been suspended by
operation of law as provided in subsection (a) of this Code section
shall immediately return such license to the department. It shall be
unlawful for any person to operate any motor vehicle in this state
after such persons drivers license has been suspended under this
Code section, if such person has not thereafter obtained a valid
drivers license.
40-5-73. If a persons drivers license is suspended by operation
of law as provided in Code Section 40-5-70 or Code Section 40-5-72,
the fact that the persons drivers license was not surrendered to the
law enforcement officer at the time the person was charged with
violating Code Section 40-6-391 or that the persons drivers license
was not retained by the court and forwarded to the Department of
Public Safety as provided in Code Section 40-5-69 or that the persons
drivers license was not forwarded as provided in Code Section 40-5-
72 shall not affect such suspension.
Section 2. Said title is further amended by striking Code Section
40-5-54, relating to mandatory suspensions of drivers licenses, in its
entirety and substituting in lieu thereof a new Code Section 40-5-54
to read as follows:
40-5-54. The department shall forthwith suspend, as provided
in Code Section 40-5-63, the license of any driver upon receiving a
record of such drivers conviction of the following offenses, whether
GEORGIA LAWS 1983 SESSION
1009
charged as a violation of state law or of a local ordinance adopted
pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-
393;
(2) Manslaughter resulting from the operation of a vehicle;
(3) Reserved;
(4) Any felony in the commission of which a motor vehicle is
used;
(5) Failure to stop, render aid, or identify himself as
required by Code Section 40-6-271;
(6) Knowingly making a false affidavit or statement under
oath or affirmation to the department under this chapter or any
other law relating to the ownership or operation of motor vehicles;
(7) Racing on highways and streets;
(8) Using a motor vehicle in fleeing or attempting to elude
an officer;
(9) Fraudulent or fictitious use of a license; or
(10) Hit and run or leaving the scene of an accident.
Section 3. Said title is further amended by striking Code Section
40-5-55, relating to implied consent to blood alcohol tests, in its
entirety and substituting in lieu thereof a new Code Section 40-5-55
to read as follows:
40-5-55. (a) The State of Georgia considers that the persons
who are under the influence of alcohol or drugs while operating a
motor vehicle or who have a blood alcohol content of 0.12 percent or
greater while operating a motor vehicle constitute a direct and
immediate threat to the welfare and safety of the general public.
Therefore, any person who operates a motor vehicle upon the high-
ways of this state shall be deemed to have given consent, subject to
Code Section 40-6-392, to a chemical test or tests of his blood, breath,
or urine or other bodily substances, for the purpose of determining
1010
GENERAL ACTS AND RESOLUTIONS, VOL. I
the alcoholic or drug content of his blood if arrested for any offense
arising out of acts alleged to have been committed in violation of Code
Section 40-6-391. The test or tests shall be administered at the
request of a law enforcement officer having reasonable grounds to
believe that the person has been driving or was in actual physical
control of a motor vehicle upon the highways of this state in violation
of Code Section 40-6-391. Subject to Code Section 40-6-392, the
requesting law enforcement officer shall designate which of the
aforesaid tests shall be administered.
(b) Any person who is dead, unconscious, or otherwise in a
condition rendering him incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Code
section, and the test or tests may be administered, subject to Code
Section 40-6-392.
(c) If a person under arrest refuses, upon the request of a law
enforcement officer, to submit to a chemical test designated by the
law enforcement officer as provided in subsection (a) of this Code
section, no test shall be given; but the department, upon the receipt of
a sworn report of the law enforcement officer that he had reasonable
grounds to believe the arrested person had been driving or was in
actual physical control of a motor vehicle upon the highways of this
state in violation of Code Section 40-6-391 and that the person had
refused to submit to the test upon the request of the law enforcement
officer, shall in accordance with Chapter 13 of Title 50, the Georgia
Administrative Procedure Act, and except as otherwise provided in
this Code section, notify the person that his license is to be sus-
pended, subject to review as provided for in this chapter.
(d) The person so notified may request a hearing within ten days
from the date of receipt of notice sent by certified mail. Within 30
days after receiving a written request for a hearing, the department
shall hold a hearing as is provided in Chapter 13 of Title 50, the
Georgia Administrative Procedure Act. After such hearing, the
department shall sustain its order of suspension or rescind such order.
If no hearing is requested within the ten days specified above, the
right to a hearing shall have been waived and the license of the driver
shall be suspended.
(e) If the suspension is sustained after such a hearing, the person
whose license has been suspended under this Code section shall have
a right to file for a judicial review of the departments final decision,
GEORGIA LAWS 1983 SESSION
1011
as provided for in Chapter 13 of Title 50, the Georgia Administrative
Procedure Act; while such appeal is pending, the order of the
department shall not be stayed.
Section 4. Said title is further amended by adding immediately
following subsection (c) of Code Section 40-5-56, relating to suspen-
sions of drivers licenses for failing to respond to a citation, a new
subsection (d) to read as follows:
(d) The provisions of this Code section shall not apply to
persons charged with violating Code Section 40-6-391. Such persons
shall be subject to having their drivers licenses suspended as pro-
vided in Article 3.1 of this chapter.
Section 5. Said title is further amended by striking subsection
(f) of Code Section 40-5-58, relating to habitual violators, in its
entirety and substituting in lieu thereof a new subsection (f) of Code
Section 40-5-58 to read as follows:
(f) If a persons license was revoked for a violation of Code
Section 40-6-391 resulting from a motor vehicle collision in which any
person lost his life, the person whose license was revoked shall not be
entitled to a probationary license as set forth in this Code section.
Section 6. Said title is further amended by striking in its entirety
Code Section 40-5-63, relating to periods of suspension, and substi-
tuting in lieu thereof a new Code Section 40-5-63 to read as follows:
40-5-63. (a) Any person who is convicted of an offense listed
in Code Section 40-5-54 or has such points assessed against him as to
require the suspension of his license pursuant to Code Section 40-5-57
shall, except as provided in subsection (f) of this Code section, have
his license suspended as follows:
(1) Upon a first conviction of any such offense or assess-
ment of the requisite points, the period of suspension shall be one
year, provided that at any time after 60 days of suspension, such
person may apply to the department for the return of his license;
(2) For a second conviction of any such offense or assess-
ment of the requisite points within five years, the period of
suspension shall be three years, provided that at any time after 90
days of suspension, such person may apply to the department for
the return of his license;
1012
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) For a third assessment of requisite points or third con-
viction of any such offense within five years, such person shall be
considered a habitual violator, and his license shall be revoked as
provided for in paragraph (1) of subsection (a) of Code Section 40-
5-62. For the purposes of this paragraph, all accepted pleas of nolo
contendere shall be considered convictions.
(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.
(c) The periods of suspension provided for in this Code section
shall begin on the date the license is surrendered to and received by
the department, or from the date a license is surrendered to a court
under any provision of this chapter, whichever date shall first occur.
If the license cannot be surrendered to the department, the period of
suspension shall begin on the date an affidavit setting forth the
reasons for such impossibility is accepted by the department.
(d) In all cases in which the department may return a license to a
driver prior to the termination of the full period of suspension, the
department may require such tests of driving skill and knowledge as it
determines to be proper, and the departments discretion shall be
guided by the drivers past driving record and performance, and the
driver shall pay a fee of $10.00 for the return of his license.
(e) The commissioner may, before returning a license to a person
prior to the full period of a suspension, require such person to
maintain and present proof of present and future minimum motor
vehicle insurance coverage as defined in paragraph (8) of Code
Section 40-5-1 for a period not to exceed the remaining full period of
suspension. If a person who is required to maintain present and future
motor vehicle insurance coverage ceases to maintain such coverage,
that persons license shall become immediately suspended without
further action by the department and the person shall forthwith
surrender his license to the department. The license shall remain
suspended until present and future minimum motor vehicle insur-
ance coverage is restored or no longer required. The department shall
establish by rules and regulations the method and manner by which
present and future minimum motor vehicle insurance coverage shall
be proved and maintained, provided that when the full period of
GEORGIA LAWS 1983 SESSION
1013
suspension has run, the license shall unconditionally be returned to
the driver.
(f) Any person convicted of violating subsection (a) of Code
Section 40-6-393, relating to homicide by vehicle, shall have his
license suspended for a period of three years. Such person shall not be
eligible for early reinstatement of his drivers license as provided in
this Code section or in Article 4 of this chapter and shall not be
eligible for a limited driving permit as provided in Code Section 40-5-
64. For purposes of this subsection, an accepted plea of nolo contend-
ere to homicide by vehicle in the first degree shall constitute a
conviction.
Section 7. Said title is further amended by striking subsection
(a) of Code Section 40-5-64, relating to limited driving permits, and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) Notwithstanding any contrary provisions of Code Section
40-5-57 or 40-5-63 or any other Code sections of this chapter, any
person may apply for a limited driving permit when and only when
that persons drivers license has been suspended pursuant to accu-
mulating 15 or more points for traffic violations in any 24 month
period.
Section 8. Said title is further amended by striking Code Section
40-5-84, relating to reinstatement of licenses, in its entirety and
substituting in lieu thereof a new Code Section 40-5-84 to read as
follows:
40-5-84. (a) The license of any person whose license is sus-
pended for the first time as a result of the conviction of an offense
listed in Code Section 40-5-54 or as a result of the assessment of
points pursuant to Code Section 40-5-57, shall be reinstated by the
department immediately upon receipt by the department of a certifi-
cate of completion of an approved defensive driving course and the
payment of a restoration fee of $20.00.
(b) The license of any person whose license is suspended for the
second time as a result of the conviction of an offense listed in Code
Section 40-5-54 or as a result of the assessment of points pursuant to
Code Section 40-5-57, shall be reinstated by the department immedi-
ately upon receipt by the department of a certificate of completion of
an advanced defensive driving course and the payment of a restora-
tion fee of $20.00.
1014
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. Said title is further amended by striking Code Section
40-5-85, relating to reinstatement of licenses, in its entirety and
substituting in lieu thereof a new Code Section 40-5-85 to read as
follows:
40-5-85. (a) The license of any person whose license is sus-
pended for the first time as a result of the commission of the offense of
driving or being in actual physical control of a motor vehicle in
violation of Code Section 40-6-391 shall be reinstated as provided in
Code Section 40-5-70 or 40-5-72.
(b) The license of any person whose license is suspended for the
second time as a result of the commission of the offense of driving or
being in actual physical control of a motor vehicle in violation of Code
Section 40-6-391 shall be reinstated as provided in Code Section 40-5-
70.
Section 10. Said title is further amended by striking subsection
(b) of Code Section 40-5-121, relating to driving with a suspended or
revoked license, in its entirety and substituting in lieu thereof a new
subsection (b) to read as follows:
(b) The department, upon receiving a record of the conviction
of any person under this Code section upon a charge of driving a
vehicle while the license of such person was suspended or revoked,
shall extend the period of suspension or revocation for an additional
year if the prior suspension or revocation was imposed under Code
Section 40-5-54, 40-5-57, 40-5-70 or 40-5-72. If the prior suspension
was imposed under any other provision of this chapter, or any other
provision of Georgia law, the department shall extend the period of
suspension for an additional six months. The additional periods of
suspension or revocation provided for in this Code section shall begin
on the date the license is surrendered to the department or a court of
competent jurisdiction, or the conviction date of the offense, which-
ever date is later.
Section 11. Said title is further amended by striking paragraph
(3) of Code Section 40-6-3, relating to the applicability of traffic laws,
in its entirety and substituting in lieu thereof a new paragraph (3) of
Code Section 40-6-3 to read as follows:
(3) The provisions of this chapter relating to reckless driving,
driving in violation of Code Section 40-6-391, and homicide by vehicle
GEORGIA LAWS 1983 SESSION
1015
shall apply to vehicles operated upon highways and elsewhere
throughout the state.
Section 12. Said title is further amended by striking Code
Section 40-6-391 in its entirety, which reads as follows:
40-6-391. (a) A person shall not drive or be in actual physical
control of any moving vehicle while:
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree which
renders him incapable of driving safely; or
(3) Under the combined influence of alcohol and any drug
to a degree which renders him incapable of driving safely.
(b) The fact that any person charged with violating this Code
section is or has been legally entitled to use a drug shall not constitute
a defense against any charge of violating this Code section.
(c) Every person convicted of violating this Code section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
punished by imprisonment for not less than ten days nor more than
one year, or by a fine of not less than $100.00 nor more than $1,000.00,
or by both such fine and imprisonment. On a second or subsequent
conviction within three years, he shall be punished by imprisonment
for not less than 90 days nor more than one year, and, in the discretion
of the court, a fine of not more than $1,000.00. The foregoing
limitations on punishment also shall apply when a defendant has
been convicted of violating, by a single transaction, more than one of
the three provisions of subsection (a) of this Code section. No
provision of this Code section shall be construed so as to deprive the
court imposing the sentence of the power given by law to the court to
stay or suspend the execution of such sentence or to place the
defendant on probation.,
and inserting in lieu thereof a new Code Section 40-6-391 to read as
follows:
40-6-391. (a) A person shall not drive or be in actual physical
control of any moving vehicle while:
1016
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Under the influence of alcohol;
(2) Under the influence of any drug to a degree which
renders him incapable of driving safely;
(3) Under the combined influence of alcohol and any drug
to a degree which renders him incapable of driving safely; or
(4) There is 0.12 percent or more by weight of alcohol in his
blood.
(b) The fact that any person charged with violating this Code
section is or has been legally entitled to use a drug shall not constitute
a defense against any charge of violating this Code section.
(c) Every person convicted of violating this Code section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be
punished as follows:
(1) First conviction with no conviction of and no plea of nolo
contendere accepted to a charge of violating Code Section 40-6-
391 within the previous five years:
(A) A fine of not less than $300.00 nor more than
$1,000.00, which fine shall not, except as provided in subsec-
tion (g) of this Code section, be subject to suspension, stay, or
probation; and
(B) A period of imprisonment of not less than ten days
nor more than one year, which period of imprisonment may,
at the sole discretion of the judge, be suspended, stayed, or
probated;
(2) For the second conviction within a five-year period of
time:
(A) A fine of not less than $600.00 nor more than
$1,000.00, which fine shall not, except as provided in subsec-
tion (g) of this Code section, be subject to suspension, stay, or
probation; and
(B) (i) A period of imprisonment of not less than 90
days nor more than one year. The judge, at his sole
GEORGIA LAWS 1983 SESSION
1017
discretion and under such terms and conditions as he
shall impose, may suspend, stay, or probate all but 48
hours of any term of imprisonment imposed under this
paragraph (2).
(ii) The judge, at his sole discretion, may suspend,
stay, or probate the minimum 48 hour term of impris-
onment not subject to suspension, stay, or probation
under division (i) of this subparagraph, provided that a
condition of the suspension, stay, or probation of the
minimum 48 hour term of imprisonment shall be that the
defendant shall perform not less than 80 hours of com-
munity service; and
(3) For the third or subsequent conviction within a five-year
period of time:
(A) A fine of $1,000.00, which fine shall not, except as
provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation; and
(B) (i) A mandatory period of imprisonment of not
less than 120 days nor more than one year. The judge, at
his sole discretion and under such terms and conditions
as he shall impose, may suspend, stay, or probate all but
ten days of any term of imprisonment imposed under this
paragraph.
(ii) The judge, at his sole discretion, may suspend,
stay, or probate the minimum ten-day term of impris-
onment not subject to suspension, stay, or probation
under division (i) of this subparagraph, provided that a
condition of the suspension, stay, or probation of the
minimum ten-day term of imprisonment shall be that the
defendant shall perform not less than 30 days of commu-
nity service.
(d) (1) Notwithstanding the limits set forth in any municipal
charter, any recorders, mayors, or police court of any municipal-
ity shall be authorized to impose the punishments provided for in
this Code section upon a conviction of violating this Code section
or upon conviction of violating any ordinance adopting the provi-
sions of this Code section.
1018
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Notwithstanding any provision of this Code to the con-
trary, any court authorized to hear cases involving violations of
Code Section 40-6-391 shall be authorized to exercise the power to
probate, suspend, or stay any sentence imposed. Such power shall,
however, be limited to the conditions and limitations imposed by
subsection (c) of this Code section.
(e) The foregoing limitations on punishment also shall apply
when a defendant has been convicted of violating, by a single trans-
action, more than one of the four provisions of subsection (a) of this
Code section.
(f) The provisions of Code Section 17-10-3 of the Official Code of
Georgia Annotated, relating to general punishment for misdemeanors
including traffic offenses, and the provisions of Article 3 of Chapter 8
of Title 42 of the Official Code of Georgia Annotated, relating to
probation of first offenders, shall not apply to any person convicted of
violating any provision of this Code section.
(g) If the payment of the fine required under subsection (c) of
this Code section will impose an economic hardship on the defend-
ant, the judge, at his sole discretion, may order the defendant to pay
such fine in installments and such order may be enforced through a
contempt proceeding or a revocation of any probation otherwise
authorized by this Code section.
Section 13. Said title is further amended by adding between
Code Section 40-6-391 and Code Section 40-6-392 a new Code Section
40-6-391.1 to read as follows:
40-6-391.1. (a) The decision to accept a plea of nolo contend-
ere to a charge of violating Code Section 40-6-391 shall be at the sole
discretion of the judge but, if such plea is accepted, the penalties
provided for in subsection (c) of Code Section 40-6-391 shall be
imposed.
(b) If the defendant has not been convicted of or had a plea of
nolo contendere accepted to a charge of violating Code Section 40-6-
391 within the previous five years and if the plea of nolo contendere
shall be used as provided in subparagraph (b)(1)(A) of Code Section
40-5-70, no such plea shall be accepted unless, at a minimum, the
following conditions are met:
GEORGIA LAWS 1983 SESSION
1019
(1) The defendant has filed a verified petition with the
court requesting that such plea be accepted and setting forth the
facts and special circumstances necessary to enable the judge to
determine that accepting such plea is in the best interest of justice;
and
(2) The judge has reviewed the defendants driving records
that are on file with the Department of Public Safety.
(c) The judge, as part of the record of the disposition of the
charge, shall set forth, under seal of the court, his reasons for
accepting the plea of nolo contendere.
(d) If a plea of nolo contendere is accepted as provided in
subsection (b) of this Code section, the judge shall, as a part of the
disposition of the case, order the defendant to attend and complete a
certified and approved basic alcohol and drug course from an
approved driver improvement clinic. The order shall stipulate that
the defendant shall complete such course within 120 days and that
the defendant shall submit evidence of such completion to the
Department of Public Safety. The judge shall also notify the defend-
ant that if he fails to complete such course by the date specified in the
courts order, his drivers license shall be suspended, by operation of
law, as provided in Code Section 40-5-72.
(e) The record of the disposition of the case, including the ruling
required in subsection (c) of this Code section, shall be forwarded to
the Department of Public Safety as required in subsection (c) of Code
Section 40-5-69.
(f) If a plea of nolo contendere is accepted under the conditions
set forth in subsection (b) of this Code section and the defendants
drivers license has not been suspended under any other provision of
this Code and if the defendant has not been convicted of or has not
had a plea of nolo contendere accepted to a charge of violating Code
Section 40-6-391 within the previous five years, the court shall,
subject to subsection (d) of this Code section, return the drivers
license to the person; otherwise, such drivers license shall be for-
warded to the Department of Public Safety as provided in subsection
(c) of Code Section 40-5-69.
Section 14. Said title is further amended by striking Code
Section 40-6-392, relating to chemical tests for alcohol or drugs, in its
entirety and substituting in lieu thereof a new Code Section 40-6-392
to read as follows:
1020
GENERAL ACTS AND RESOLUTIONS, VOL. I
40-6-392. (a) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed by any
person in violation of Code Section 40-6-391, evidence of the amount
of alcohol or drug in a persons blood at the alleged time, as deter-
mined by a chemical analysis of the persons blood, urine, breath, or
other bodily substance shall be admissible. Where such a chemical
test is made, the following provisions shall apply:
(1) Chemical analysis of the persons blood, urine, breath, or
other bodily substance, to be considered valid under this Code
section, shall have been performed according to methods
approved by the Division of Forensic Sciences of the Georgia
Bureau of Investigation and by an individual possessing a valid
permit issued by the Division of Forensic Sciences for this pur-
pose. The Division of Forensic Sciences of the Georgia Bureau of
Investigation is authorized to approve satisfactory techniques or
methods to ascertain the qualifications and competence of indi-
viduals to conduct analyses and to issue permits, which shall be
subject to termination or revocation at the discretion of the
Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the
request of a law enforcement officer under Code Section 40-5-55,
only a physician, registered nurse, laboratory technician, or other
qualified person may withdraw blood for the purpose of determin-
ing the alcoholic content therein, provided that this limitation
shall not apply to the taking of breath or urine specimens. No
physician, registered nurse, or other qualified person or employer
thereof shall incur any civil or criminal liability as a result of the
medically proper obtaining of such blood specimens when
requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified
technician, chemist, registered nurse, or other qualified person of
his own choosing administer a chemical test or tests in addition to
any administered at the direction of a law enforcement officer.
The justifiable failure or inability to obtain an additional test shall
not preclude the admission of evidence relating to the test or tests
taken at the direction of a law enforcement officer;
(4) Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement officer,
full information concerning the test or tests shall be made
GEORGIA LAWS 1983 SESSION
1021
available to him or his attorney. The arresting officer at the time
of arrest shall advise the person arrested of his rights to a chemical
test or tests according to this Code section;
(5) Percent by weight of alcohol in the blood shall be based
upon grams of alcohol per 100 cubic centimeters of blood.
(b) Upon the trial of any civil or criminal action or proceeding
arising out of acts alleged to have been committed by any person in
violation of Code Section 40-6-391, the amount of alcohol in the
persons blood at the time alleged, as shown by chemical analysis of
the persons blood, urine, breath, or other bodily substance, shall give
rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of
alcohol in the persons blood, it shall be presumed that the person
was not under the influence of alcohol, as prohibited by para-
graphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time in excess of 0.05 percent but less
than 0.10 percent by weight of alcohol in the persons blood, such
fact shall not give rise to any presumption that the person was or
was not under the influence of alcohol, as prohibited by para-
graphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391,
but such fact may be considered with other competent evidence in
determining whether the person was under the influence of alco-
hol, as prohibited by paragraphs (1), (2), and (3) of subsection (a)
of Code Section 40-6-391;
(3) If there was at that time 0.10 percent or more by weight
of alcohol in the persons blood, it shall be presumed that the
person was under the influence of alcohol, as prohibited by
paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-
391;
(4) If there was at that time 0.12 percent or more of weight
of alcohol in the persons blood, the person shall be in violation of
paragraph (4) of subsection (a) of Code Section 40-6-391.
(c) In any criminal trial, the refusal of the defendant to permit a
chemical analysis to be made of his blood, breath, urine, or other
bodily substance at the time of his arrest shall be admissible in
evidence against him.
1022
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 15. Said title is further amended by striking in its entirety
Code Section 40-6-393, which reads 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
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.,
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
degree and, upon conviction thereof, shall be punished by impris-
onment for not less than two years nor more than 15 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
GEORGIA LAWS 1983 SESSION
1023
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 15 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 16. Said title is further amended by striking Code
Section 40-13-53, relating to the release of certain persons for certain
offenses, in its entirety and substituting in lieu thereof a new Code
Section 40-13-53 to read as follows:
40-13-53. (a) Subject to the exceptions set out in subsection
(b) of this Code section, any officer who arrests any person for the
violation of a traffic law or traffic ordinance alleged to have been
committed outside the corporate limits of any municipality shall
permit such person to be released upon being served with a citation
and complaint and agreeing to appear, as provided in this article,
unless such officer has reasonable and probable grounds to believe
that the person will not obey such citation and agreement to appear.
(b) Persons arrested for the following offenses may not be
released as provided in subsection (a) of this Code section:
(1) Operating a motor vehicle in violation of Code Section
40-6-391;
(2) Any motor vehicle registration violation;
(3) Speeding in excess of 15 miles per hour over the speed
limit; or
(4) Any other offense which the court has excepted by order.
1024
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The court may, by its order, add to the exceptions set out in
subsection (b) of this Code section but shall have no authority to
remove any of such exceptions.
Section 17. Code Section 15-11-49 of the Official Code of
Georgia Annotated, relating to juvenile traffic offenses, is amended
by striking subsection (c) in its entirety and substituting in lieu
thereof a new subsection (c) to read as follows:
(c) A juvenile traffic offense shall not include any offense to
which Code Section 40-5-54 or Code Section 40-5-70 is applicable.
Section 18. This Act shall become effective on September 1,
1983.
Section 19. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
GEORGIA STATE FINANCING AND INVESTMENT
COMMISSION ACT AMENDED.
Code Title 50, Chapter 17 Amended.
No. 446 (House Bill No. 566).
AN ACT
To amend Article 2 of Chapter 17 of Title 50 of the Official Code of
Georgia Annotated known as the Georgia State Financing and
Investment Commission Act, so as to enable the use of guaranteed
revenue bonds to finance local water and sewer projects through a
special purpose state authority; to provide that payments from such
authorities receiving funds from bonds issued by the state and which
must generate sufficient revenues to pay debt service on such bonds
GEORGIA LAWS 1983 SESSION
1025
may pay said revenue directly into the debt sinking funds from which
debt service on the bonds will be paid; to provide for other matters
relative to the forgoing; 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 17 of Title 50 of the Official Code
of Georgia Annotated known as the Georgia State Financing and In-
vestment Commission Act, is amended by striking paragraph (6) of
Code Section 50-17-21, relating to definitions, in its entirety and sub-
stituting in lieu thereof a new paragraph (6) to read as follows:
(6) Guaranteed revenue debt means revenue obligations
issued by an instrumentality of the state pursuant to this article to
finance toll bridges, toll roads, and any other land public trans-
portation facilities or systems and water and sewer facilities or to
make or purchase, or lend or deposit against the security of, loans to
citizens of the state for educational purposes, the payment of which
has been guaranteed by the state as provided in this article.
Section 2. Said article is further amended by striking paragraph
(3) of subsection (b) of Code Section 50-17-24, relating to the admin-
istration of public debt and purposes, and limitations relative thereto,
in its entirety and substituting in lieu thereof a new paragraph (3) to
read as follows:
(3) Public debt for public purposes may be either general
obligation debt or guaranteed revenue debt. General obligation debt
may be incurred by issuing obligations to acquire, construct, develop,
extend, enlarge, or improve land, waters, property, highways, build-
ings, structures, equipment, or facilities of the state, its agencies,
departments, institutions, and those state authorities which were
created and activated prior to the amendment adopted November 8,
1960, to Article VII, Section VI, Paragraph 1(a) of the Constitution of
1945. Guaranteed revenue debt may be incurred by guaranteeing the
payment of revenue obligations issued by an instrumentality of the
state if such revenue obligations are issued to finance toll bridges, toll
roads, or any other land public transportation facilities or systems, or
water or sewage treatment facilities or systems, or to make or pur-
chase, or lend or deposit against the security of, loans to citizens of the
state for educational purposes; provided, however, that in no event
shall general obligation debt or guaranteed revenue debt be incurred
1026
GENERAL ACTS AND RESOLUTIONS, VOL. I
for water or sewage treatment facilities or systems for counties or
municipalities unless such facilities are financed in whole or in part
through an instrumentality of the state created by the General
Assembly for the purpose of assisting the state, counties, or munici-
palities in the financing of water or sewage treatment facilities or
systems for the benefit of the citizens of Georgia. General obligation
debt or guaranteed revenue debt may be incurred to fund or refund
any such debt or to fund or refund any obligations issued upon the
security of contracts to which the second paragraph of Article IX,
Section VI, Paragraph 1(a) of the Constitution is applicable.
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 29,1983.
GEORGIA DEVELOPMENT AUTHORITY LAW AMENDED.
Code Title 50, Chapter 10 Amended.
No. 447 (House Bill No. 567).
AN ACT
To amend Chapter 10 of Title 50 of the Official Code of Georgia
Annotated, relating to the Georgia Development Authority, so as to
revise extensively the provisions relating to the Georgia Development
Authority; to expand the purpose of the authority; to enable the
authority to utilize more fully development capital assistance pro-
grams of the United States government and in support of this
program to assist local governments in meeting their environmental
facility needs; to assist local governments so as to benefit the economy
of the local government and of the state; to add certain definitions; to
GEORGIA LAWS 1983 SESSION
1027
change the membership, appointment, and terms of members of the
authority; to expand the powers of the authority; to provide for the
issuance of revenue bonds, bonds, notes, obligations, and evidences of
indebtedness by the authority; to provide for certain of the terms
which may be contained in instruments executed by the authority
and for limitations and procedures in connection therewith; to pro-
vide that bonds, revenue bonds, notes, and other obligations issued by
the authority shall not constitute indebtedness of the State of
Georgia; to provide that the state may guarantee the payment of
bonds, revenue bonds, notes, or other obligations of the authority; to
provide that the proceeds of general obligation bonds of the state may
be used to improve authority property; to provide that property of the
authority shall be tax exempt; to provide for the venue of legal actions
brought against the authority; to provide that certain funds shall be
withheld from local governments upon the happening of certain
events; 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 10 of Title 50 of the Official Code of Georgia
Annotated, relating to the Georgia Development Authority, is
amended by striking in its entirety Code Section 50-10-2, which reads
as follows:
50-10-2. (a) It is the purpose and intent of this chapter to
provide an instrumentality to assist agricultural and industrial inter-
ests in their effort to commence, expand, or diversify their operations
by providing credit and servicing functions to better enable the
farmers and businessmen within this state to obtain needed capital
funds and to encourage and secure financial institutions in the
lending of money for such purposes.
(b) It is the purpose of this chapter to clothe the authority with
corporate power to operate and to administer the funds held and
received by it and to possess and operate under licenses or permits
granted it by the United States or this state.,
and inserting in lieu thereof a new Code Section 50-10-2 to read as
follows:
1028
GENERAL ACTS AND RESOLUTIONS, VOL. I
50-10-2. (a) It is the purpose and intent of this chapter to
provide an instrumentality to assist agricultural and industrial inter-
ests in their effort to commence, expand, or diversify their operations
by providing credit and servicing functions to better enable the
farmers and businessmen within this state to obtain needed capital
funds and to encourage and secure financial institutions in the
lending of money for such purposes.
(b) It is the purpose of this chapter to clothe the authority with
corporate power to operate and to administer the funds held and
received by it and to possess and operate under licenses or permits
granted it by the United States or this state.
(c) It is found and declared that there exists a great and growing
need in the state for the construction of environmental facilities for
the furnishing of clear and wholesome water to the general public and
for the preservation and improvement of the quality of the environ-
ment. Financial assistance is an important inducement to construct
such facilities and, therefore, this necessity, in the public interest and
for the public benefit and good, is declared as a matter of legislative
determination.
(d) It is further the purpose and intent of this chapter to provide
an instrumentality to provide environmental facilities to assist local
governments in constructing, extending, rehabilitating, repairing,
and renewing environmental facilities and to assist in the financing of
such needs by providing grants, loans, bonds, and other assistance to
local governments.
Section 2. Said chapter is further amended by striking from
Code Section 50-10-3, relating to the creation of the authority and its
membership, the following language:
and by that name, style, and title such body may contract and be
contracted with and bring and defend actions in all courts. The
authority shall consist of 11 members or directors, one of whom shall
be the Commissioner of Agriculture, ex officio, one of whom shall be
the commissioner of industry and trade ex officio, one of whom shall
be an economist from the staff of the University of Georgia, appointed
by the Governor, whose term shall expire July 1, 1967, and one of
whom at the time of appointment by the Governor shall be a member
of the General Assembly, whose term shall expire July 1, 1968. Six
other members of the authority shall be appointed by the Governor in
GEORGIA LAWS 1983 SESSION
1029
such manner that the term of one member shall expire July 1, 1961,
the term of another member shall expire July 1, 1962, the term of
another member shall expire July 1, 1963, the term of another
member shall expire July 1, 1964, the term of another member shall
expire July 1,1965, and the term of another member shall expire July
1, 1966. The successors to other than ex officio members shall be
appointed for terms of eight years from the date of expiration of their
respective terms of office except that any person appointed to fill a
vacancy shall serve only for the unexpired term. Immediately after
his appointment a member of the authority shall enter upon his
duties. The authority shall elect one of its members as chairman,
another as vice-chairman, and a president and general manager, who
shall also be a member of the authority, ex officio, to serve at the
pleasure of the other members of the authority.
(b) Six members of the authority shall constitute a quorum. No
vacancy on the authority shall impair the right of the quorum to
exercise all the rights and perform all the duties of the authority. The
members of the authority, with the exception of the president and
general manager, whose compensation shall be fixed by the authority,
shall be entitled to receive as compensation a directors fee, or per
diem, of $50.00 for attendance at all properly constituted meetings
and shall be entitled to, and shall be reimbursed for, their actual
expenses necessarily incurred in the performance of their duties. The
authority shall make rules and regulations for its own governance. It
shall have a perpetual existence.
(c) The members or directors of the authority shall be account-
able in all respects as trustees. The authority shall keep suitable
books and records of all actions and transactions and shall submit
such books, together with a statement of the authoritys financial
position, to the state auditor for such audit and inspection as the state
auditor may deem wise, once a year, on or about the close of the states
fiscal year, but the authority may cause such additional independent
audits to be made as it may deem necessary.,
and inserting in lieu thereof the following language:
and by that name, style, and title such body may contract and be
contracted with and bring and defend actions in all courts of this
state. The authority shall consist of nine members: the Commissioner
of Agriculture, ex officio; the state auditor, ex officio; the commis-
sioner of the Department of Industry and Trade, ex officio; and six
1030
GENERAL ACTS AND RESOLUTIONS, VOL. I
members to be appointed by the Governor. Two members are to be
from and represent the interests of agriculture, two members are to be
from and represent the interests of industry, and two members are to
be from and represent the interests of local governments in Georgia.
The terms of all members of the authority who are in office on March
1, 1983, shall terminate on July 1, 1983. The Governor shall then
appoint three members, one each representing agriculture, industry,
and local governments, to serve until July 1, 1986, and three mem-
bers, one each representing agriculture, industry, and local govern-
ments, to serve until July 1,1987. After expiration of these terms, the
terms of all succeeding members shall be for four years.
(b) A majority of the members of the authority shall constitute a
quorum. No vacancy on the authority shall impair the right of a
majority of the appointed members from exercising all rights and
performing all duties of the authority. The members of the authority
shall be entitled to and shall be reimbursed for their actual travel and
expenses necessarily incurred in the performance of their duties and
shall receive the same per diem as do members of the General
Assembly. The authority shall make rules and regulations for its own
government. The authority shall have perpetual existence. Any
change in the name or compensation of the authority shall in no way
affect the vested rights of any person under this chapter or impair the
obligations of any contracts existing under this chapter. The Attor-
ney General shall provide legal services for the authority and in
connection therewith Code Sections 45-15-13 through Code Section
45-15-16 shall be fully applicable.
(c) The members of the authority shall be accountable in all
respects as trustees. The authority shall keep suitable books and
records of all actions and transactions and shall submit such books
together with a statement of the authoritys financial position to an
independent auditing firm selected by the authority on or about the
close of the states fiscal year for the purpose of obtaining a certified
audit of the authoritys finances.
(d) There shall be an executive committee consisting of five
members of the authority to be known as the Rural Rehabilitation
Committee. The chairman of the Rural Rehabilitation Committee
shall be the Commissioner of Agriculture, ex officio. The other
members of the committee shall be the state auditor, ex officio, the
two members of the authority who represent the interests of agricul-
ture, and one member of the authority designated by the authority.
GEORGIA LAWS 1983 SESSION
1031
The Rural Rehabilitation Committee shall administer all assets
received by the authority under the terms of Public Law 499, Eighty-
first Congress, Second Session, and all assets of the authority derived
therefrom and shall be authorized to employ agents to accomplish
such administration. Neither the Rural Rehabilitation Committee
nor the authority shall at any time commingle assets provided to the
authority under the terms of Public Law 499, Eighty-first Congress,
Second Session, with other assets of the authority. The Rural
Rehabilitation Committee shall maintain a separate accounting of
such assets and shall maintain suitable books and records of such
assets which shall be audited as are the books and records of the
authority for other assets. Contracts concerning assets provided to
the authority under the terms of Public Law 499, Eighty-first Con-
gress, Second Session, shall be executed by the committee.,
so that when so amended Code Section 50-10-3 shall read as follows:
50-10-3. (a) There is created a body corporate and politic to
be known as the Georgia Development Authority which shall be
deemed an instrumentality of the state and a public corporation; and
by that name, style, and title such body may contract and be
contracted with and bring and defend actions in all courts of this
state. The authority shall consist of nine members: the Commissioner
of Agriculture, ex officio; the state auditor, ex officio; the commis-
sioner of the Department of Industry and Trade, ex officio; and six
members to be appointed by the Governor. Two members are to be
from and represent the interests of agriculture, two members are to be
from and represent the interests of industry, and two members are to
be from and represent the interests of local governments in Georgia.
The terms of all members of the authority who are in office on March
1, 1983, shall terminate on July 1, 1983. The Governor shall then
appoint three members, one each representing agriculture, industry,
and local governments, to serve until July 1, 1986, and three mem-
bers, one each representing agriculture, industry, and local govern-
ments, to serve until July 1,1987. After expiration of these terms, the
terms of all succeeding members shall be for four years.
(b) A majority of the members of the authority shall constitute a
quorum. No vacancy on the authority shall impair the right of a
majority of the appointed members from exercising all rights and
performing all duties of the authority. The members of the authority
shall be entitled to and shall be reimbursed for their actual travel and
expenses necessarily incurred in the performance of their duties and
1032
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall receive the same per diem as do members of the General
Assembly. The authority shall make rules and regulations for its own
government. The authority shall have perpetual existence. Any
change in the name or compensation of the authority shall in no way
affect the vested rights of any person under this chapter or impair the
obligations of any contracts existing under this chapter. The Attor-
ney General shall provide legal services for the authority and in
connection therewith Code Sections 45-15-13 through Code Section
45-15-16 shall be fully applicable.
(c) The members of the authority shall be accountable in all
respects as trustees. The authority shall keep suitable books and
records of all actions and transactions and shall submit such books
together with a statement of the authoritys financial position to an
independent auditing firm selected by the authority on or about the
close of the states fiscal year for the purpose of obtaining a certified
audit of the authoritys finances.
(d) There shall be an executive committee consisting of five
members of the authority to be known as the Rural Rehabilitation
Committee. The chairman of the Rural Rehabilitation Committee
shall be the Commissioner of Agriculture, ex officio. The other
members of the committee shall be the state auditor, ex officio, the
two members of the authority who represent the interests of agricul-
ture, and one member of the authority designated by the authority.
The Rural Rehabilitation Committee shall administer all assets
received by the authority under the terms of Public Law 499, Eighty-
first Congress, Second Session, and all assets of the authority derived
therefrom and shall be authorized to employ agents to accomplish
such administration. Neither the Rural Rehabilitation Committee
nor the authority shall at any time commingle assets provided to the
authority under the terms of Public Law 499, Eighty-first Congress,
Second Session, with other assets of the authority. The Rural
Rehabilitation Committee shall maintain a separate accounting of
such assets and shall maintain suitable books and records of such
assets which shall be audited as are the books and records of the
authority for other assets. Contracts concerning assets provided to
the authority under the terms of Public Law 499, Eighty-first Con-
gress, Second Session, shall be executed by the committee.
Section 3. Said chapter is further amended by striking Code
Section 50-10-4 and Code Section 50-10-5, which read as follows:
GEORGIA LAWS 1983 SESSION
1033
50-10-4. (a) The corporate purpose and the general nature of
the business of the Georgia Development Authority shall be:
(1) Rural rehabilitation permissible under the charter of the
Georgia Rural Rehabilitation Corporation and contained in para-
graph (3) thereof and within the meaning of Public Law 499,
Eighty-first Congress, Second Session;
(2) The development of agriculture and industry generally
within the state by providing, securing, or guaranteeing loans for
such purposes; and
(3) Possession of and operation under any franchise, license,
or permit granted to it by the United States or this state for a
business purpose.
(b) The corporate powers of the authority shall be those pro-
vided in this chapter and those additional powers provided in sub-
paragraph (a)(3)(C) and paragraphs (1) through (6), (8), (11), and
(19) of subsection (b) of Code Section 14-2-21, and in Code Section
14-2-147.
(c) In addition to, and not in limitation of, the powers granted in
this chapter, the Georgia Development Authority shall have and may
exercise the power and authority to guarantee or insure loans made
for rural rehabilitation purposes or for agricultural and industrial
development, provided that the authority shall maintain a reserve or
insurance fund in an amount not less than 15 percent of the contin-
gent liability existing by reason of any contracts of insurance or
guarantee. The reserve or insurance fund of the authority shall be
invested in securities and investments permitted to insurance compa-
nies under the laws of this state.
50-10-5. This chapter, being for the welfare of this state and its
inhabitants, shall be liberally construed to effect the purposes
hereof.,
and inserting in lieu thereof new Code sections to read as follows:
50-10-4. As used in this chapter, the term:
(1) Authority means the Georgia Development Authority.
1034
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Bond includes revenue bond.
(3) Cost of project or cost of any project means:
(A) All costs of acquisition, by purchase or otherwise,
construction, assembly, installation, modification, renova-
tion, or rehabilitation incurred in connection with any project
or any part of any project;
(B) All costs of real property, fixtures, or personal
property used in or in connection with or necessary for any
project or for any facilities related thereto, including but not
limited to, the cost of all land, estates for years, easements,
rights, improvements, water rights, connections for utility
services; fees, franchises, permits, approvals, licenses, and
certificates; the cost of securing any such franchises, permits,
approvals, licenses, or certificates; the cost of preparation of
any application therefor; and the cost of all fixtures, machin-
ery, equipment, furniture, and other property used in or in
connection with or necessary for any project;
(C) All financing charges, bond insurance, and loan or
loan guarantee fees and all interest on revenue bonds, notes,
or other obligations of the authority which accrues or is paid
prior to and during the period of construction of a project and
during such additional period as the authority may reason-
ably determine to be necessary to place such project in
operation;
(D) All costs of engineering, surveying, planning, envi-
ronmental assessments, financial analyses, and architectural,
legal, and accounting services and all expenses incurred by
engineers, surveyors, planners, environmental scientists,
fiscal analysts, architects, attorneys, and accountants in con-
nection with any project;
(E) All expenses for inspection of any project;
(F) All fees of fiscal agents, paying agents, and trustees
for bondholders under any bond resolution, trust agreement,
indenture of trust, or similar instrument or agreement; all
expenses incurred by any such fiscal agents, paying agents,
and trustees; and all other costs and expenses incurred rela-
GEORGIA LAWS 1983 SESSION
1035
tive to the issuance of any bonds, revenue bonds, notes, or
other obligations for any project, including bond insurance;
(G) All fees of any type charged by the authority in
connection with any project;
(H) All expenses of or incidental to determining the
feasibility or practicability of any project;
(I) All costs of plans and specifications for any project;
(J) All costs of title insurance and examinations of title
with respect to any project;
(K) Repayment of any loans for the advance payment
of any part of any of the foregoing costs, including interest
thereon and any other expenses of such loans;
(L) Administrative expenses of the authority and such
other expenses as may be necessary or incidental to any
project or the financing thereof or the placing of any project
in operation; and
(M) The establishment of a fund or funds for the
creation of a debt service reserve, a renewal and replacement
reserve, or such other funds or reserves as the authority may
approve with respect to the financing and operation of any
project and as may be authorized by any bond resolution,
trust agreement, indenture or trust or similar instrument or
agreement pursuant to the provisions of which the issuance of
any revenue bonds, notes, or other obligations of the author-
ity may be authorized.
Any cost, obligation, or expense incurred for any of the purposes
specified in this paragraph shall be a part of the cost of the project
and may be paid or reimbursed as such out of the proceeds of
revenue bonds, notes, or other obligations issued by the authority.
(4) County means any county created under the Constitu-
tion or law of this state.
(5) Environmental facilities means any projects, struc-
tures, and other real or personal property acquired, rehabilitated,
constructed, or planned:
1036
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) For the purposes of supplying, distributing and
treating water and diverting, channeling, or controlling water
flow and head including, but not limited to, surface or ground
water, canals, reservoirs, channels, basins, dams, aqueducts,
standpipes, penstocks, conduits, pipelines, mains, pumping
stations, water distribution systems, compensating reservoirs,
intake stations, water works or sources of water supply, wells,
purification or filtration plants or other treatment plants and
works, connections, water meters, mechanical equipment,
electric generating equipment, rights of flowage or division
and other plant structures, equipment, conveyances, real or
personal property or rights therein and appurtenances, fur-
nishings, accessories, and devices thereto necessary or useful
and convenient for the collection, conveyance, distribution,
pumping, treatment, storing, or disposing of water; and
(B) For the purposes of collecting, treating, or dispo-
sing of sewerage including, but not limited to, main, trunk,
intercepting, connecting, lateral, outlet, or other sewers, out-
fall, pumping stations, treatment and disposal plants, ground
water rechange basins, backflow prevention devises, sludge
dewatering or disposal equipment and facilities, clarifiers,
filters, phosphorus removal equipment and other plants, soil
absorption systems, innovative systems or equipment, struc-
tures, equipment, vehicles, conveyances, real or personal
property or rights therein, and appurtenances thereto neces-
sary or useful and convenient for the collection, conveyance,
pumping, treatment, neutralization, storing, and disposing of
sewage.
(6) Environmental services means the provision, collec-
tively or individually, of water facilities, sewage facilities, or
management services.
(7) Local government or local governing authority means
any municipal corporation or county or any local water or sewer or
sanitary district and any state or local authority, board, or politi-
cal subdivision created by the General Assembly or pursuant to
the Constitution and laws of the state.
(8) Municipal corporation or municipality means any city
or town in this state.
GEORGIA LAWS 1983 SESSION
1037
(9) Obligation means any bond, revenue bond, note, lease,
contract, evidence of indebtedness, debt, or other obligation of the
authority, the state, or local governments which are authorized to
be issued under this chapter or under the Constitution or other
laws of this state, including refunding bonds.
(10) Project means the acquisition, construction, installa-
tion, modification, renovation, repair, extension, renewal, replace-
ment, or rehabilitation of land, interest in land, buildings, struc-
tures, facilities, or other improvements and the acquisition, instal-
lation, modification, renovation, repair, extension, renewal,
replacement, rehabilitation, or furnishing of fixtures, machinery,
equipment, furniture, or other property of any nature whatsoever
used on, in, or in connection with any such land, interest in land,
building, structure, facility, or other improvement, all for the
essential public purpose of providing environmental facilities and
services to meet public health and environmental standards and
to aid the development of trade, commerce, industry, agriculture,
and employment opportunities.
(11) Revenue bondincludes bond.
(12) Sewerage facility means any environmental facility
described in subparagraph (B) of paragraph (4) of this Code
section, defining environmental facilities.
(13) Water facility means any environmental facility
described in subparagraph (A) of paragraph (4) of this Code
section, defining environmental facilities.
50-10-5. (a) The corporate purpose and the general nature of
the business of the Georgia Development Authority shall be:
(1) Rural rehabilitation permissible under the charter of the
Georgia Rural Rehabilitation Corporation and contained in para-
graph (3) thereof and within the meaning of Public Law 499,
Eighty-first Congress, Second Session; and nothing contained in
this chapter shall be construed to permit the violation of trust
agreements, contracts, or other obligations entered into by the
state or the authority pursuant to Public Law 499, Eighty-first
Congress, Second Session, or to encumber assets of the authority
necessary to the performance of such trust agreements, contracts,
or obligations, and no bonds, revenue bonds, notes, or other
1038
GENERAL ACTS AND RESOLUTIONS, VOL. I
obligations of the authority issued for an environmental facility
project may encumber assets of the authority provided to it under
the provisions of Public Law 499, Eighty-first Congress, Second
Session, nor any funds derived or to be derived from such assets.
The authority shall at no time commingle funds obtained
under the provisions of Public Law 499, Eighty-first Congress,
Second Session, or funds derived from such assets with other
funds of the authority, and such funds shall not be liable for any
deficit, default, or failure of any environmental facility project;
nor shall funds obtained by the authority, through the issuance of
obligations or otherwise, for environmental facility projects be
liable for any deficit, default, or failure of any program insured,
guaranteed, or involving funds obtained by the authority under
Public Law 499, Eighty-first Congress, Second Session, or arising
under Public Law 499, Eighty-first Congress, Second Session;
(2) The development of agriculture and industry generally
within the state by providing, securing, or guaranteeing loans for
such purposes;
(3) Possession of and operation under any franchise, license,
or permit granted to it by the United States or this state for a
business purpose; and
(4) Assistance to local governments in constructing, extend-
ing, rehabilitating, repairing, replacing, and renewing environ-
mental facilities needs necessary for public purposes and commer-
cial, residential, and industrial development or necessary or inci-
dental to such development by providing grants, loans, bonds, and
other forms of financial and technical assistance to local govern-
ments by providing such facilities.
(b) The corporate powers of the authority shall be those pro-
vided in this chapter.
(c) In addition to, and not in limitation of, the powers granted in
this chapter, the Georgia Development Authority shall have and may
exercise the power and authority to guarantee or insure loans made
for rural rehabilitation purposes or for agricultural and industrial
development, provided that, with respect to any such guarantee or
contract of insurance made by the Rural Rehabilitation Committee
involving an asset provided to the authority under Public Law 499,
GEORGIA LAWS 1983 SESSION
1039
Eighty-first Congress, Second Session, the authority shall maintain a
reserve or insurance fund out of such assets in an amount not less
than 15 percent of the contingent liability existing by reason of any
such contracts of insurance or guarantee made by the Rural Rehabili-
tation Committee. The reserve or insurance fund of the authority may
be invested.
(d) Except as otherwise limited by this chapter, the authoritys
powers are reaffirmed and expanded as follows, which reaffirmed and
expanded powers are to be considered cumulative of the powers
previously given the authority. The authority shall have power:
(1) To sue and be sued in all courts of this state, the original
jurisdiction and venue of such actions being the Superior Court of
Fulton County;
(2) To have a seal and alter the same at its pleasure;
(3) To make and execute contracts, lease agreements, and
all other instruments necessary or convenient to exercise the
powers of the authority or to further the public purpose for which
the authority is created, such contracts, leases, or instruments to
include contracts for construction, operation, management, or
maintenance of projects and facilities owned by local government,
the authority, or by the state or any state authority; and any and
all local governments, departments, institutions, or agencies of the
state are authorized to enter into contracts, leases, agreements, or
other instruments with the authority upon such terms and to
transfer real and personal property to the authority for such
consideration and for such purposes as they deem advisable;
(4) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real or personal property of every kind and
character, or any interest therein, in furtherance of the public
purpose of the authority;
(5) To appoint officers, agents, and employees, prescribe
their duties and qualifications, and fix their compensation;
(6) To finance by loan, loan guarantee, grant, lease, or
otherwise, and to construct, erect, assemble, purchase, acquire,
own, repair, remodel, renew, replace, renovate, rehabilitate,
modify, maintain, extend, improve, install, sell, lease, equip,
1040
GENERAL ACTS AND RESOLUTIONS, VOL. I
expand, add to, operate, or manage projects and to pay the cost of
any project from the proceeds of bonds, revenue bonds, notes, or
other obligations of the authority or any other funds of the
authority or from any contributions or loans by persons, corpora-
tions, partnerships, whether limited or general, or other entities,
all of which the authority is authorized to receive, accept, and use;
(7) To make loans, through the acquisition of bonds, reve-
nue bonds, notes, or other obligations, and to make grants to local
governments or state or local governmental agencies for the
acquisition or construction of agricultural, industrial, or commer-
cial facilities and of environmental facilities by any such local
government or state or local governmental agency and to adopt
rules, regulations, and procedures for making such loans and
grants;
(8) To borrow money to further or carry out its public
purpose and to issue revenue bonds, notes, or other obligations to
evidence such loans and to execute leases, trust indentures, trust
agreements for the sale of its revenue bonds, notes, or other
obligations, loan agreements, mortgages, deeds to secure debt,
trust deeds, security agreements, assignments, and such other
agreements or instruments as may be necessary or desirable in the
judgment of the authority, and to evidence and to provide security
for such loans;
(9) To issue revenue bonds, bonds, notes, or other obliga-
tions of the authority and use the proceeds thereof for the purpose
of paying, or loaning the proceeds thereof to pay, all or any part of
the cost of any project and otherwise to use the proceeds to further
or carry out the public purpose of the authority and to pay all costs
of the authority incidental to, or necessary and appropriate to,
furthering or carrying out such purpose and to pay all costs of the
authority incurred in connection with the issuance of the revenue
bonds, bonds, notes, or other obligations;
(10) To collect fees and charges in connection with its loans,
commitments, and servicing including, but not limited to, reim-
bursements of costs of financing, as the authority shall determine
to be reasonable and as shall be approved by the authority;
(11) Subject to any agreement with bondholders, to invest
moneys of the authority not required for immediate use to carry
GEORGIA LAWS 1983 SESSION
1041
out the purposes of this chapter, 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
guaranteed 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 gov-
ernment issued by the Federal Land Bank, the Federal Home
Loan Bank, the Federal Intermediate Credit Bank, and the
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 contribu-
tions under an annual contributions contract or contracts
with the United States government, or project notes issued by
any public housing agency, urban renewal agency, or munici-
pality 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 any 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 Corpora-
tion or any Georgia Deposit Insurance Corporation, including
the certificates of deposit of any bank, savings and loan
association, or building and loan association acting as deposi-
tory, custodian, or trustee for any such bond proceeds; pro-
vided, 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 any Georgia Deposit Insurance
1042
GENERAL ACTS AND RESOLUTIONS, VOL. I
Corporation, if any such excess exists, shall be secured by
deposit with the Federal Reserve Bank of Atlanta of Georgia,
or with any national or state bank located within the state, of
one or more of the following securities in an aggregate princi-
pal 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;
(ii) Obligations of the United States or subsidiary
corporations included in subparagraph (B) of this para-
graph;
(iii) Obligations of agencies of the United States
government included in subparagraph (C) of this para-
graph; or
(iv) Bonds, obligations, or project notes of public
housing agencies, urban renewal agencies, or municipali-
ties included in subparagraph (D) of this paragraph; and
(F) Interest-bearing time deposits, repurchase agree-
ments, reverse repurchase agreements, rate guarantee agree-
ments, 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 aggregat-
ing 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 requirements 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, further, that all moneys in each such interest-
bearing time deposit, repurchase agreement, reverse repur-
chase agreement, rate guarantee agreement, or other similar
banking arrangement shall be continuously and fully secured
by obligations described in subparagraph (A), (B), (C), or (D)
of this paragraph, equal at all times to the amount of the
GEORGIA LAWS 1983 SESSION
1043
interest-bearing time deposit, repurchase agreement, reverse
repurchase agreement, rate guarantee agreement, or other
similar banking arrangements;
(12) To acquire or contract to acquire from any person, firm,
corporation, local government, federal or state agency, or corpora-
tion by grant, purchase, or otherwise, leaseholds, real or personal
property, or any interest therein; and to sell, assign, exchange,
transfer, convey, lease, mortgage, or otherwise dispose of or
encumber the same; and local government is authorized to grant,
sell, or otherwise alienate leaseholds, real and personal property,
or any interest therein to the authority;
(13) To invest any moneys held in debt service funds or
sinking funds not restricted as to investment by the Constitution
or laws of this state or the federal government or by contract not
required for immediate use or disbursement in obligations of the
types specified in paragraph (11) of this subsection, provided that,
for the purposes of this paragraph, the amounts and maturities of
such obligations shall be based upon and correlated to the debt
service, which debt service shall be the principal installments and
interest payments, schedule for which such moneys are to be
applied;
(14) To provide advisory, technical, consultative, training,
educational, and project assistance services to the state and local
government and to enter into contracts with the state and local
government to provide such services. The state and local govern-
ments are authorized to enter into contracts with the authority for
such services and to pay for such services as may be provided
them;
(15) To make loan commitments and loans to local govern-
ment and to enter into option arrangements with local govern-
ment for the purchase of said bonds, revenue bonds, notes, or
other obligations;
(16) To sell or pledge any bonds, revenue bonds, notes, or
other obligations acquired by it whenever it is determined by the
authority that the sale thereof is desirable;
(17) To apply for and to accept any gifts or grants or loan
guarantees or loans of funds or property or financial or other aid in
1044
GENERAL ACTS AND RESOLUTIONS, VOL. I
any form from the federal government or any agency or instru-
mentality thereof, or from the state or any agency or instrumental-
ity thereof, or from any other source for any or all of the purposes
specified in this chapter and to comply, subject to the provisions
of this chapter, with the terms and conditions thereof;
(18) To lease to local governments any authority owned
facilities or property or any state owned facilities or property
which the authority is managing under contract with the state;
(19) To contract with state agencies or any local government
for the use by the authority of any property or facilities or services
of the state or any such state agency or local government or for the
use by any state agency or local government of any facilities or
services of the authority and such state agencies and local govern-
ments are authorized to enter into such contracts;
(20) To extend credit or make loans, including the acquisi-
tion of bonds, revenue bonds, notes, or other obligations to the
state, any local government, or other entity, including the federal
government, for the cost or expense of any project or any part of
the cost or expense of any project, which credit or loans may be
evidenced or secured by trust indentures, loan agreements, notes,
mortgages, deeds to secure debt, trust deeds, security agreements,
or assignments, on such terms and conditions as the authority
shall determine to be reasonable in connection with such exten-
sion of credit of loans, including provision for the establishment
and maintenance of reserve funds; and, in the exercise of powers
granted by this chapter in connection with any project, the
authority shall have the right and power to require the inclusion in
any sucb trust indentures, loan agreement, note, mortgage, deed
to secure debt, trust deed, security agreement, assignment, or
other instrument such provisions or requirements for guaranty of
any obligations, insurance, construction, use, operation, mainte-
nance, and financing of a project and such other terms and
conditions as the authority may deem necessary or desirable;
(21) As security for repayment of any bonds, revenue bonds,
notes, or other obligations of the authority, to pledge, lease,
mortgage, convey, assign, hypothecate, or otherwise encumber any
property of the authority including, but not limited to, real
property, fixtures, personal property, and revenues or other funds
and to execute any lease, trust indenture, trust agreement, agree-
GEORGIA LAWS 1983 SESSION
1045
ment for the sale of the authoritys revenue bonds, notes or other
obligations, loan agreement, mortgage, deed to secure debt, trust
deed, security agreement, assignment, or other agreement or
instrument as may be necessary or desirable, in the judgment of
the authority, to secure any such revenue bonds, notes, or other
obligations, which instruments or agreements may provide for
foreclosure or forced sale of any property of the authority upon
default in any obligation of the authority, either in payment of
principal, premium, if any, or interest or in the performance of any
term or condition contained in any such agreement or instrument;
(22) To receive and use the proceeds of any tax levied by a
local government to pay all or any part of the cost of any project or
for any other purpose for which the authority may use its own
funds pursuant to this chapter;
(23) To use income earned on any investment for such corpo-
rate purposes of the authority as the authority in its discretion
shall determine;
(24) To cooperate and act in conjunction with industrial,
commercial, medical, scientific, public interest, or educational
organizations; with agencies of the federal government and this
state and local government; with other states and their political
subdivisions; and with joint agencies thereof and such state agen-
cies, local government, and joint agencies are authorized and
empowered to cooperate and act in conjunction, and to enter into
contracts or agreements with the authority and local government
to achieve or further the policies of the state declared in this
chapter;
(25) To adopt bylaws governing the conduct of business by
the authority, the election and duties of officers of the authority,
and other matters which the authority determines to deal with in
its bylaws;
(26) To exercise any power granted by the laws of this state
to public or private corporations which is not in conflict with the
public purpose of the authority;
(27) To do all things necessary or convenient to carry out the
powers conferred by this chapter; and
1046
GENERAL ACTS AND RESOLUTIONS, VOL. I
(28) To designate three or more of its number to constitute
an executive committee who, to the extent provided in such
resolution or in the bylaws of the authority, shall have and may
exercise the powers of the authority in the management of the
affairs and property of the authority and the exercise of its powers.
(e) The authority shall not have the power of eminent domain.
50-10-6. (a) The authority may make loans to a local govern-
ment to pay all or any part of the cost of a project. The authority may
require the local government to issue bonds or revenue bonds as
evidence of such loans. The authority and a local government may
enter into such loan commitments and option agreements as may be
determined appropriate by the authority.
(b) The authority may require as a condition of any loan to a
local government that such local government shall perform any or all
of the following:
(1) In the case of loans for a sewerage facility, establish and
collect sewer rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of: (A) costs of
operation, maintenance, replacement, renewal, and repairs and
(B) outstanding indebtedness incurred for the purposes of such
sewerage facility, including the principal of and interest on the
bond, revenue bond, note, or other obligation issued by the local
government, as the same shall become due and payable, and to
create and maintain any required reserves;
(2) In the case of loans for a water facility, establish and
collect rents, rates, fees, and charges so as to produce revenues
sufficient to pay all or a specified portion of: (A) costs of operation,
maintenance, renewal, replacement, and repairs of the water
facility of such local government and (B) outstanding indebted-
ness incurred for the purposes of such water facility, including the
principal of and interest on the bonds, revenue bonds, notes, or
other obligations issued by the local government, as the same shall
become due and payable, and to create and maintain any required
reserves;
(3) Create and maintain a special fund or funds, as addi-
tional security for the payment of the principal of such revenue
bonds and the interest thereon and any other amounts becoming
GEORGIA LAWS 1983 SESSION
1047
due under any agreement, entered into in connection therewith
and for the deposit therein of such revenues as shall be sufficient
to make such payment as the same shall become due and payable;
(4) Create and maintain such other special funds as may be
required by the authority; and
(5) Perform such other acts, including the conveyance of
real and personal property together with all right, title, or interest
therein to the authority, or take other actions as may be deemed
necessary or desirable by the authority to secure the payment of
the principal of and interest on such bonds, revenue bonds, notes,
or other obligations and to provide for the remedies of the
authority in the event of any default by such local government in
such payment.
(c) All local governments issuing and selling bonds, revenue
bonds, notes, or other obligations to the authority are authorized to
perform such acts, take such action, adopt such proceedings, and to
make and carry out such contracts with the authority as may be
contemplated by this chapter.
(d) In connection with the making of any loan authorized by this
chapter, the authority may fix and collect such fees and charges
including, but not limited to, reimbursement of all costs of financing
by the authority, as the authority shall determine to be reasonable.
Neither the Public Service Commission nor any local government or
state agency shall have jurisdiction over the authoritys power over
the regulation of such fees or charges.
50-10-7. (a) For the purposes of this chapter, the term lease
agreement shall mean and include a lease, operating lease rental
agreement, usufruct, sale and lease back, or any other lease agreement
having a term of not more than 50 years and concerning real, personal,
or mixed property, any right, title, or interest therein by and between
the state, the authority, a local government, or any combination
thereof.
(b) A local government by resolution of its governing body may
enter into a lease agreement for the provision of environmental
services utilizing facilities owned by the authority upon such terms
and conditions as the authority shall determine to be reasonable
including, but not limited to, the reimbursement of all costs of
construction and financing and claims arising therefrom.
1048
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No lease agreement shall be deemed to be a contract subject
to any law requiring that contract shall be let only after receipt of
competitive bids.
(d) Any lease agreement may provide for the construction of
such environmental facility by the local government as agent for the
authority. In such event, all contracts for such construction shall be
let by such local government in accordance with the provisions of law
otherwise applicable to the letting of such contracts by such local
government and with the provisions of state law pertaining to prevail-
ing wages, labor standards, and working hours. Any such lease
agreement may contain provisions by which such local government
shall indemnify the authority against any and all damages resulting
from acts or omissions to act on the part of such local government or
its officers, agents, or employees in constructing such facility or
facilities, in letting any contracts in connection therewith, or in
operating and maintaining the same.
(e) Any lease agreement executed by the authority directly with
any local government may provide that at the termination thereof
and upon payment in full of all amounts due thereunder and other-
wise to the authority, title to the environmental facility project shall
vest in the local government or its successor in interest, if any, free
and clear of any liens of encumbrances created in connection with any
contract or bonds, revenue bonds, notes, or other obligations involv-
ing the authority.
(f) Any lease agreement directly between the state or authority
and a local government may contain provisions requiring the local
government to perform any or all of the following:
(1) In the case of a sewerage facility, to establish and collect
sewer rents, rates, fees, and charges so as to produce revenues
sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal,
replacement, and repairs of the sewerage facility of such local
government; and
(B) Outstanding bonds, revenue bonds, notes, or other
obligations incurred for the purposes of such sewerage facility
and to provide for the payment of all amounts as they shall
become due and payable under the terms of such lease
GEORGIA LAWS 1983 SESSION
1049
agreement, including amounts for the creation and mainte-
nance of any required reserves;
(2) In the case of a water facility, to establish and collect
rents, rates, fees, and charges so as to produce revenues sufficient
to pay all of a specified portion of:
(A) The costs of operation, maintenance, renewal, and
repairs of the water facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other
obligations incurred for the purposes of such water facility
and to provide for the payment of all amounts as they shall
become due and payable under the terms of such lease
agreement, including amounts for the creation and mainte-
nance of any required reserves;
(3) To create and maintain reasonable reserves or other
special funds;
(4) To create and maintain a special fund or funds, as
additional security for the punctual payment of any rentals due
under such lease agreement and for the deposit therein of such
revenues as shall be sufficient to pay said lease rentals and any
other amounts becoming due under such lease agreements as the
same shall become due and payable; or
(5) To perform such other acts and take such other action as
may be deemed necessary and desirable by the authority to secure
the complete and punctual performance by such local government
of such lease agreements and to provide for the remedies of the
authority in the event of a default by such local government in
such payment.
50-10-8. (a) The authority shall have the power and is autho-
rized from time to time to issue bonds, in such principal amounts as it
may determine to be necessary to pay all or a portion of the cost of any
project or environmental facilities, to provide amounts necessary for
any corporate purposes, including incidental expenses in connection
with the issuance of the bonds.
(b) In addition, the authority shall have the power and is autho-
rized to issue bonds in such principal amounts as the authority deems
1050
GENERAL ACTS AND RESOLUTIONS, VOL. I
appropriate, such bonds to be primarily secured by a pool of obliga-
tions issued by local governments when the proceeds of the local
government obligations are applied to local environmental facility
projects.
(c) The authority shall have the power from time to time to
refund any bonds by the issuance of new bonds whether the bonds to
be refunded have or have not matured and may issue bonds partly to
refund bonds then outstanding and partly for any other corporate
purpose.
(d) Bonds issued by the authority shall be special obligations
payable solely out of particular revenues or other moneys of the
authority as may be designated in the proceedings of the authority
under which the bonds shall be authorized to be issued, subject to any
agreements entered into between the authority and state agencies,
local government, or private parties and subject to any agreements
with the holders of outstanding bonds pledging any particular reve-
nues or moneys.
(e) (1) The authority is authorized to obtain from any depart-
ment, agency, or corporation of the United States of America or
governmental insurer, including the state, any insurance or guar-
anty, to the extent now or hereafter available, as to or for the
payment or repayment of interest or principal, or both, or any part
thereof on any bonds or notes issued by the authority or on any
obligations of federal, state, or local governments purchased or
held by the authority; and to enter into any agreement or contract
with respect to any such insurance or guaranty, except to the
extent that the same would in any way impair or interfere with the
ability of the authority to perform and fulfill the terms of any
agreement made with the holders of the bonds or notes of the
authority.
(2) Bonds issued by the authority shall be authorized by
resolution of the authority, be in such denominations, bear such
date or dates, and mature at such time or times as the authority
determines to be appropriate, except that bonds and any renewal
thereof shall mature within 25 years of the date of their original
issuance. Such bonds shall be subject to such terms of redemp-
tion, bear interest at such rate or rates payable at such times, be in
such form, either coupon or registered, as to principal or interest
or both principal and interest, carry such registration privileges,
GEORGIA LAWS 1983 SESSION
1051
be executed in such manner, be payable in such medium of
payment at such place or places, and be subject to such terms and
conditions as such resolution of the authority may provide. Bonds
may be sold at public or private sale for such price or prices as the
authority shall determine.
(3) Any resolution or resolutions authorizing bonds or any
issue of bonds may contain provisions which may be a part of the
contract with the holders of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with
any other moneys, securities, contracts, or property to secure
the payment of the bonds, subject to such agreements with
bondholders as may then exist;
(B) Setting aside of reserves and the creation of sinking
funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from
the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and
regulate the use of any project or part thereof in connection
with which bonds are issued;
(E) Limiting the issuance of additional bonds, the
terms upon which additional bonds may be issued and
secured and the refunding of outstanding or other bonds;
(F) Setting the procedure, if any, by which the terms of
any contract with bondholders may be amended or abrogated,
including the proportion of bondholders which must consent
thereto and the manner in which such consent may be given;
(G) Creating special funds into which any revenues or
other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed,
or indenture or other agreement under which the bonds may
be issued;
(I) Vesting in a trustee or trustees such properties,
rights, powers, and duties in trust as the authority may
1052
GENERAL ACTS AND RESOLUTIONS, VOL. I
determine, which may include any or all of the rights, powers,
and duties of the trustee appointed by the bondholders
pursuant to Code Section 50-10-11 and limiting or abrogating
the rights of the bondholders to appoint a trustee under such
Code section or limiting the rights, duties, and powers of such
trustee;
(J) Defining the acts or omissions to act which may
constitute a default in the obligations and duties of the
authority to the bondholders and providing for the rights and
remedies of the bondholders in the event of such default,
including as a matter of right the appointment of a receiver;
provided, however, that such rights and remedies shall not be
inconsistent with the general laws of the state and other
provisions of this chapter;
(K) Limiting the power of the authority to sell or
otherwise dispose of any environmental facility or any part
thereof or other property, including municipal bonds held by
it;
(L) Limiting the amount of revenues and other moneys
to be expended for operating, administrative, or other
expenses of the authority;
(M) Providing for the payment of the proceeds of
bonds, obligations, revenues, and other moneys to a trustee or
other depository and for the method of disbursement thereof
with such safeguards and restrictions as the authority may
determine; and
(N) Establishing any other matters of like or different
character which in any way affect the security for the bonds or
the rights and remedies of bondholders.
(4) In addition to the powers conferred upon the authority
to secure its bonds, the authority shall have power in connection
with the issuance of bonds to enter into such agreements as the
authority may deem necessary, consistent, or desirable concerning
the use or disposition of its revenues or other moneys or property,
including the mortgaging of any property and the entrusting,
pledging, or creation of any other security interest in any such
revenues, moneys, or property and the doing of any act, including
GEORGIA LAWS 1983 SESSION
1053
refraining from doing any act, which the authority would have the
right to do in the absence of such agreements. The authority shall
have power to enter into amendments of any such agreements
within the powers granted to the authority by this chapter and to
perform such agreements. The provisions of any such agreements
may be made a part of the contract with the holders of bonds of
the authority.
(5) Any pledge of or other security interest in revenues,
moneys, accounts, contract rights, general intangibles, or other
personal property made or created by the authority shall be valid,
binding, and perfected from the time when such pledge is made or
other security interest attaches without any physical delivery of
the collateral or further act, and the lien of any such pledge or
other security interest shall be valid, binding, and perfected
against all parties having claims of any kind in tort, contract, or
otherwise against the authority irrespective of whether or not such
parties have notice thereof. No instrument by which such a pledge
or security interest is created nor any financing statement need be
recorded or filed.
(6) All bonds issued by the authority shall be executed in
the name of the authority by the chairman and secretary of the
authority and shall be sealed with the official seal or a facsimile
thereof. Coupons, if any, shall be executed in the name of the
authority by the chairman of the authority, the facsimile signature
of the chairman and the secretary of the authority may be
imprinted in lieu of the manual signature if the authority so
directs; and the facsimile of the chairmans signature shall be used
on coupons, if such are attached. Bonds and interest coupons
appurtenant thereto bearing the manual or facsimile signature of
a person in office at the time such signature was signed or
imprinted shall be fully valid, notwithstanding the fact that before
or after delivery thereof such person ceased to hold such office.
(7) Prior to the preparation of definitive bonds, the author-
ity may issue interim receipts, interim certificates, or temporary
bonds exchangeable for definitive bonds upon the issuance of the
latter; the authority may provide for the replacement of any bond
which shall become mutilated or be destroyed or lost.
(8) All bonds issued by the authority under this chapter
may be executed, confirmed, and validated under and in accord-
1054
GENERAL ACTS AND RESOLUTIONS, VOL. I
ance with Article 3 of Chapter 82 of Title 36, except as otherwise
provided in this chapter.
(9) The venue for all bond validation proceedings pursuant
to this chapter shall be Fulton County, and the Superior Court of
Fulton County shall have exclusive final court jurisdiction over
such proceedings.
(10) Bonds issued by the authority shall have a certificate of
validation bearing the facsimile signature of the clerk of the
Superior Court of Fulton County and shall state the date on which
said bonds were validated; and such entry shall be original evi-
dence of the fact of judgment and shall be received as original
evidence in any court of this state.
(11) The authority shall reimburse the district attorney for
his actual costs, if any, associated with the bond validation pro-
ceedings. The fees payable to the clerk of the Superior Court of
Fulton County for validation shall be as follows for each bond,
regardless of the denomination of such bond:
(A) One dollar each for the first 100 bonds;
(B) Twenty-five cents each for the next 400 bonds; and
(C) Ten cents for each such bond over 500.
(12) Whether or not the bonds of the authority are of such
form and character as to be negotiable instruments, the bonds are
made negotiable instruments within the meaning of and for all the
purposes of Georgia law subject only to the provisions of the bonds
for registration.
(13) Neither the members of the authority nor any person
executing bonds shall be liable personally thereon or be subject to
any personal liability or accountability solely by reason of the
issuance thereof.
(14) The authority, subject to such agreements with bond-
holders as then may exist, shall have power out of any moneys
available therefor to purchase bonds of the authority, which shall
thereupon be canceled, at a price not in excess of the following:
GEORGIA LAWS 1983 SESSION
1055
(A) If the bonds are then redeemable, the redemption
price then applicable plus accrued interest to the next inter-
est payment date; or
(B) If the bonds are not then redeemable, the redemp-
tion price applicable on the first date after such purchase
upon which the bonds become subject to redemption, plus
accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which
bonds to be issued by an authority are to bear, the notice to the
district attorney or the Attorney General, the notice to the public
of the time, place, and date of the validation hearing, and the
petition and complaint for validation may state that the bonds
when issued will bear interest at a rate not exceeding a maximum
per annum rate of interest, which rate may be fixed or may
fluctuate or otherwise change from time to time, specified in such
notices and petition and complaint or may state that, in the event
the bonds are to bear different rates of interest for different
maturity dates, none of such rates will exceed the maximum rate,
which rate may be fixed or may fluctuate or otherwise change from
time to time, so specified; provided, however, that nothing in this
Code section shall be construed as prohibiting or restricting the
right of the authority to sell such bonds at a discount, even if in
doing so the effective interest cost resulting therefrom would
exceed the maximum per annum interest rate specified in such
notices and in the petition and complaint.
50-10-9. The authority shall not enter into any contract or
agreement with any local government with respect to tbe financing of
any environmental facility pursuant to this act, unless the director of
the Environmental Protection Division of the Department of Natural
Resources shall have completed all existing statutory reviews and
approvals with respect to such project. Nothing in this chapter shall
be construed to diminish the full authority and responsibility of the
director of the Environmental Protection Division for existing statu-
tory reviews and approvals.
50-10-10. The bonds of the authority are made securities in
which all public officials and bodies of the state and all municipali-
ties, all insurance companies and associations, and other persons
carrying on an insurance business, all banks, bankers, trust compa-
nies, savings banks, and savings associations, including savings and
1056
GENERAL ACTS AND RESOLUTIONS, VOL. I
loan associations, investment companies and other persons carrying
on a banking business, and administrators, guardians, executors,
trustees, and other fiduciaries and all other persons whatsoever, who
are now or may hereafter be authorized to invest in bonds or other
obligations of the state, may properly and legally invest funds includ-
ing capital in their control or belonging to them. The bonds are also
made securities which may be deposited with and may be received by
all public officers and bodies of this state and all municipalities for
any purposes for which the deposit of bonds or other obligations of
this state is now or hereafter may be authorized.
50-10-11. The State of Georgia does pledge to and agree with the
holders of any bonds issued by the authority pursuant to this chapter
that the state will not alter or limit the rights vested in the authority
to fulfill the terms of any agreement made with or for the benefit of
the holders of bonds or in any way impair the rights and remedies of
bondholders until the bonds, 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 or funds for the payment
of such are fully provided. The authority is authorized to include this
pledge and agreement of the state in any agreement with bondhold-
ers.
50-10-12. Neither the members of the authority nor any officer
or employee of the authority acting in behalf thereof, while acting
within the scope of his authority, shall be subject to any liability
resulting from:
(1) The construction, ownership, maintenance, or operation
of any project financed with the assistance of the authority;
(2) The construction, ownership, maintenance, or operation
of any sewerage system, environmental facility, or water system
owned by a local government; or
(3) Carrying out any of the powers expressly given in this
chapter.
50-10-13. The provisions of this chapter shall be liberally con-
strued to effect the purpose hereof. The offer, sale, or issuance of
bonds, notes, or other obligations by the authority shall not be subject
to regulation under Chapter 1 of Title 10, known as the Georgia
GEORGIA LAWS 1983 SESSION
1057
Securities Act of 1973. No notice, proceeding, or publication except
those required in this chapter shall be necessary to the performance
of any act authorized in this chapter; nor shall any such act be subject
to referendum.
50-10-14. No bonds, notes, or other obligations of and no indebt-
edness incurred by the authority shall constitute an indebtedness or
obligation or a pledge of the faith and credit of the State of Georgia or
of its agencies; nor shall any act of the authority in any manner
constitute or result in the creation of an indebtedness of the state or
its agencies or a cause of action against the state or its agencies;
provided, however, the state, to the extent permitted by its Constitu-
tion, may guarantee payment of such bonds, notes, or other obliga-
tions as guaranteed revenue debt.
50-10-15. It is found, determined, and declared that the creation
of this authority and the carrying out of its corporate purposes is in all
respects for the benefit of the people of the state and that the
authority is an institution of purely public charity and will be
performing an essential governmental function in the exercise of the
power conferred upon it by this chapter. For such reasons the state
covenants with the holders from time to time of the bonds, notes, and
other obligations issued under this chapter that the authority shall
not be required to pay any taxes or assessments imposed by the state
or any of its counties, municipal corporations, political subdivisions,
or taxing districts upon any property acquired by the authority or
under its jurisdiction, control, possession, or supervision or leased by
it to others, or upon its activities in the operation or maintenance of
any such property or on any income derived by the authority in the
form of fees, recording fees, rentals, charges, purchase price, install-
ments, or otherwise, and that the bonds, notes, and other obligations
of the authority, their transfer, and the income therefrom shall at all
times be exempt from taxation within the state. The tax exemption
provided in this chapter shall not include any exemption from sales
and use tax on property purchased by the authority or for use by the
authority.
50-10-16. The authority shall have all rights afforded the state
by virtue of the Constitution of the United States, and nothing in this
chapter shall be construed to remove any such rights.
50-10-17. The issuance of any bond, revenue bond, note, or other
obligation or incurring of debt, public or otherwise, by the authority
1058
GENERAL ACTS AND RESOLUTIONS, VOL. I
must be approved by the commission established by Article VII,
Section III, Paragraph III of the Constitution of the State of Georgia
of 1976 and Article VII, Section IV, Paragraph VII of the Constitution
of the State of Georgia of 1982 or its successor, provided that, except
as to the use of the proceeds of bonds guaranteed as to payment by
the state or with respect to funds provided to the authority by the
state from the sale of state general obligation bonds, the authority
shall not acquire any bond, revenue bond, note, or other obligation
from a local government issued to pay all or part of the cost of any
local project to be acquired or constructed by a local government
unless such local government shall have first undertaken to sell such
bond, revenue bond, note, or other obligation pursuant to a request
for bids or a request for proposal, for negotiation or otherwise, in
accordance with and on terms and conditions prescribed by the above
commission.
50-10-18. This chapter, being for the welfare of this state and its
inhabitants, shall be liberally construed to effect the purposes speci-
fied in this chapter.
50-10-19. The authority is specifically authorized, to the extent
permitted under the Constitution of this state, to use the proceeds of
general obligation debt incurred by the state on such projects and for
such purposes as are described by the General Assembly of Georgia in
legislation stating the purposes for which such debt is incurred.
50-10-20. Nothing contained in this chapter shall permit the
authority to issue bonds or revenue bonds at any time when the sum
of:
(1) The highest aggregate annual debt service requirements
for the then current fiscal year or any subsequent fiscal year for
outstanding authority bonds or revenue bonds, including the
proposed bonds or revenue bonds; and
(2) The highest annual debt service requirements for the
then current fiscal year or any subsequent fiscal year on general
obligation debt of the state issued for authority projects
exceeds 1 percent of the total revenue receipts, less refunds, of the
state treasury in the fiscal year immediately preceding the year in
which any such bond or revenue bond is to be issued.
GEORGIA LAWS 1983 SESSION
1059
50-10-21. (a) In the event of a failure of any local government
to collect and remit in full all amounts due to the authority and all
amounts due to others, which involve the credit or guarantee of the
authority or of the state, on the date such amounts are due under the
terms of any bond, revenue bond, note, or other obligation of the local
government, it shall be the duty of the authority to notify the director
of the Fiscal Division of the Department of Administrative Services
who shall withhold all funds of the state and all funds administered
by the state, its agencies, boards, and instrumentalities allotted to
such local government until such local government has collected and
remitted in full all sums due and cured or remedied all defaults on any
such bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall mandate the
withholding of funds allocated to a local government which would
violate contracts to which the state is a party, the requirements of
federal law imposed on the state, or judgments of any court binding
the state.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
METROPOLITAN RIVERS LAND USE LAW AMENDED.
Code Title 12, Chapter 5 Amended.
No. 448 (Senate Bill No. 204).
AN ACT
To amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, relating to the protection of metropolitan
1060
GENERAL ACTS AND RESOLUTIONS, VOL. I
rivers, so as to define certain terms; to provide additional legislative
findings; to provide for duties of the commission; to prohibit certain
land and water use; to provide exceptions; to delete certain require-
ments on applications for certificates; to provide for the powers of the
commission with regard to certain land and water use activities; to
provide for powers of local governing authorities with regard to
certain land and water use activities; to provide for procedures; to
provide criteria for applying minimum standards for certificates and
recommendations; to provide for appeals; to delete provisions provid-
ing for local option coverage; to provide for exceptions; to provide for
enforcement; to require certain action by local governing authorities;
to provide for enforcement by the state under certain conditions; to
provide procedures; to preserve certain powers; to provide for other
matters relative 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. Part 6 of Article 5 of Chapter 5 of Title 12 of the
Official Code of Georgia Annotated, relating to the protection of
metropolitan rivers, is amended by striking Code Section 12-5-441,
relating to definitions, in its entirety and inserting in lieu thereof a
new Code Section 12-5-441 to read as follows:
12-5-441. As used in this part, the term:
(1) Applicant means any person who requests the issuance
of a certificate under this part.
(2) Area means a standard metropolitan statistical area
recognized by the United States Department of Commerce, Bureau of
the Census, and as set forth in Appendix C, County and City Data
Book 1977: A Statistical Abstract Supplement, U. S.
Department of Commerce, Bureau of the Census, 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.
(3) Board means the Board of Natural Resources.
(4) Certificate means a building permit or other written
authorization issued under this part and shall include, as a part
GEORGIA LAWS 1983 SESSION
1061
thereof, the application and all documents supplied in support
thereof and the approval by the governing authority together with
any conditions thereto.
(5) Commission means the area planning and development
commission or metropolitan area planning and development com-
mission created for any county or group of counties included in
each such area pursuant to the authority contained in Article 2 or
4, respectively, of Chapter 8 of Title 50.
(6) Director means the director of the Environmental Pro-
tection Division of the Department of Natural Resources.
(7) Flood plain means that area adjacent to a major stream
which is subject to being flooded with a probable frequency of at
least once every 100 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.
(8) 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.
(9) Impoundment means any body of water, formed by a
dam, which is less than 25,000 acres in size.
(10) Land-disturbing activity means scraping, plowing,
clearing, dredging, grading, excavating, transporting, or filling of
land or placement of any structure or impervious surface, dam,
obstruction, or deposit.
(11) 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.
(12) 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.
1062
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) Plan means the comprehensive plan prepared by the
commission pursuant to Code Section 12-5-443.
(14) 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.
(15) Public notice means a legal notice in a newspaper of
general circulation in the political subdivision at least once a week
for two consecutive weeks.
(16) Stream corridor means all land in the area in the
watercourse, within 2,000 feet of the watercourse, or within the
flood plain, whichever is greater.
(17) Tributary means any flowing stream which flows into
the major stream at a point which is within the stream corridor.
(18) Watercourse means the banks of a major stream,
including any impoundments thereon, in the area as defined by
the low-water mark of such stream and any impoundments and
including the entire bed of such stream and any impoundments
and all islands therein, from the point where the stream enters the
area downstream 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.
Section 2. Said part is further amended by striking subsection
(b) of Code Section 12-5-442, relating to legislative intent, which
reads as follows:
(b) The purpose of this part is to provide a flexible and
practical method whereby political subdivisions in certain metropoli-
tan areas may utilize the police power of the state consistently and in
accordance 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.,
GEORGIA LAWS 1983 SESSION
1063
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The General Assembly finds that the stream corridors of
major streams in certain metropolitan areas as set forth in this part
are vital areas within the meaning of Article III, Section VIII,
Paragraph IIIA of the Constitution of the State of Georgia of 1976
and Article III, Section VI, Paragraph II of the Constitution of the
State of Georgia of 1983. The purpose of this part is to provide a
method whereby political subdivisions in certain metropolitan areas
shall utilize the police power of the state, in accordance with a
comprehensive plan, to protect consistently the water quality of any
major stream, the public water supplies of such political subdivision
and of the area, recreational values of the major stream, and private
property rights of landowners; to prevent activities which contribute
to floods and flood damage; to control erosion, siltation, and intensity
of development; to provide for the location and design of land uses in
such a way as to minimize the adverse impact of development on the
major stream and flood plains; and to provide for comprehensive
planning for the stream corridor in such areas.,
and by adding at the end of Code Section 12-5-442 a new subsection
(d) to read as follows:
(d) The General Assembly intends to authorize and require
political subdivisions in any such area to enforce this part so as to
protect the watercourse and the adjacent stream corridor. The
General Assembly further intends that the state have the authority to
enforce this part if the appropriate political subdivisions have failed
or refused to do so and if the public interest requires it.
Section 3. Said part is further amended by striking Code Section
12-5-443, relating to land and water use plans, generally, and insert-
ing in lieu thereof a new Code Section 12-5-443 to read as follows:
12-5-443. The commission shall, consistent with the purposes
of this part:
(1) Prepare, adopt, and keep up to date a comprehensive,
coordinated 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
1064
GENERAL ACTS AND RESOLUTIONS, VOL. I
commission, shall be transmitted to each political subdivision by
June 16,1973. The plan as adopted by the commission for any and
all land brought within the stream corridor after March 1, 1983,
shall be transmitted to each political subdivision and to the
director by July 1, 1983. The commission may, after hearing,
utilize or 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
commission 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;
(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; and
(4) Charge a reasonable fee to each applicant for review of
any application for a certificate, which fee shall be sufficient to
defray all or any portion of the administrative costs of review of
the application by the commission and of the cost to the commis-
sion of monitoring and inspection of compliance with such certifi-
cates.
Section 4. Said part is further amended by striking Code Section
12-5-444, relating to prohibited land and water use, generally, and
inserting in lieu thereof a new Code Section 12-5-444 to read as
follows:
GEORGIA LAWS 1983 SESSION
1065
12-5-444. (a) (1) Pending adoption of the plan by the com-
mission, it shall be unlawful for any person to erect, maintain,
suffer, or permit any structure, dam, obstruction, deposit, clear-
ing, 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 commission may, prior to the
adoption of the plan by the commission, issue a letter or written
statement signed by the executive director of the commission
ruling with respect to any proposed land or water use in any
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.
(2) Pending adoption of the plan by the commission as to
any land brought within the stream corridor after March 1,1983,
it shall be unlawful for any person to engage in any land-disturb-
ing activity in or on such land within 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 commission may, prior to
the adoption of the plan by the commission as to any land brought
within the stream corridor after March 1, 1983, issue a letter or
written statement signed by the executive director of the commis-
sion, ruling with respect to any proposed land-disturbing activity
in or on such land that none of the above-listed adverse effects will
occur as a result of the proposed use.
(b) (1) After adoption by the commission of the plan or any
portion thereof or any amendment thereto, it shall be unlawful
within those areas regulated by the plan or any portion thereof or
any amendment thereto for any person to engage in any land-
disturbing activity in or on the stream corridor which will be
1066
GENERAL ACTS AND RESOLUTIONS, VOL. I
incompatible or inconsistent with the plan or any portion thereof
or any amendment thereto. 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 subdivision issues a certificate
for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the
application to the commission pursuant to Code Section 12-5-445,
require the applicant to furnish such detailed information on the
proposed land or water use as the governing authority shall
reasonably request and as required by the plan and rules and
regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in
accordance with the certificate issued under this part. Any sub-
stantial change or modification of a proposed land-disturbing
activity for which a certificate has been issued shall require a new
certificate, which must be issued in accordance with the require-
ments of this part.
(4) The governing authority shall adopt ordinances, regula-
tions, or procedures as necessary to assure that any land-disturb-
ing activity is conducted in compliance with the plan and the
certificate.
(c) The governing authority shall give public notice of and shall
hold a public 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.
(d) The governing authority shall delineate and clearly label the
stream corridor on the zoning map and the official map of such
governing authority.
Section 5. Said part is further amended by striking Code Section
12-5-445, relating to processing and reviewing certificates, and insert-
ing in lieu thereof a new Code Section 12-5-445 to read as follows:
GEORGIA LAWS 1983 SESSION
1067
12-5-445. (a) After receipt of a complete application for a
certificate, the governing authority shall transmit to the commission a
copy of such complete application and all supporting documents.
(b) (1) If, from the application or from its own investigation,
the commission finds that there are inconsistencies between the
plan and the land-disturbing activity proposed by the application,
the commission may do any one of the following:
(A) Recommend modification of the application in
such manner as to be consistent with the plan;
(B) Make a finding that the application, while not
consistent with the plan in all respects, will provide a level of
land and water resource protection equivalent to an applica-
tion consistent with the plan; or
(C) Recommend modification of the application in
such manner that the application as so modified, while not
consistent with the plan in all respects, will provide a level of
land and water resource protection equivalent to an applica-
tion consistent with the plan.
(2) If the commission fails to recommend modification of
the application within 60 days from submission of such applica-
tion to the commission and if the governing authority makes a
specific finding that the application is consistent with the plan or
makes a specific finding that the application, while not consistent
with the plan in all respects, will provide a level of land and water
resource protection equivalent to an application consistent with
the plan, the governing authority shall be deemed to have com-
plied with this Code section and may issue the certificate.
(c) In any case where the commission has recommended modifi-
cation of an application, the governing authority may:
(1) Adopt such recommendation, incorporate it as a condi-
tion of the certificate, and issue a certificate with such conditions,
in which case any land-disturbing activity under the certificate
must be strictly in accordance with the recommendation so incor-
porated;
1068
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) After making a specific finding that the application is in
compliance with the plan or a specific finding that the application,
while not consistent with the plan in all respects, will provide a
level of land and water resource protection equivalent to an
application consistent with the plan, override such recommenda-
tion by affirmative vote of a two-thirds majority of the full
membership of the governing body; however, such action by the
governing authority is not final unless and until the governing
authority:
(A) Following the affirmative vote to override, holds a
second public hearing on the application and the proposed
override of the commissions recommendation, after giving
public notice and after mailing notice to the applicant and to
the commission at least five days prior to the hearing;
(B) Gives full consideration to all comments made at
the second public hearing; and
(C) Reaffirms the vote to override the commissions
recommendation by affirmative vote of a two-thirds majority
of the full membership of the governing authority, after again
making a specific finding that the application is in compliance
with the plan or a specific finding that the application, while
not consistent with the plan in all respects, will provide a level
of land and water resource protection equivalent to an appli-
cation consistent with the plan; or
(3) Request reconsideration of such recommendation by the
commission at a public hearing.
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 be issued. 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 and public notice shall be given. 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.
GEORGIA LAWS 1983 SESSION
1069
(d) In making the finding required by subsection (b) of para-
graph (2) of subsection (c) of this Code section, the commission and
the governing authority shall follow the purposes set forth in this part
and the goals set forth by the plan, as amended.
Section 6. Said part is further amended by striking in its
entirety Code Section 12-5-446, which reads as follows:
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:
(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
1070
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.,
and inserting in lieu thereof the following:
12-5-446. Reserved.
Section 7. Said part is further amended by striking Code Section
12-5-447, relating to standards for certification, in its entirety and
inserting in lieu thereof a new Code Section 12-5-447 to read as
follows:
12-5-447. Every certificate issued by a governing authority and
every recommendation of the commission, 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, shall comply with the following minimum stan-
dards:
(1) No land or water use shall be permitted in the flood
plain; and
GEORGIA LAWS 1983 SESSION
1071
(2) No land or water use shall be permitted within 150
horizontal feet of the watercourse.
Section 8. Said part is further amended by striking Code Section
12-5-448, relating to appeals, in its entirety and inserting in lieu
thereof a new Code Section 12-5-448 to read as follows:
12-5-448. Any person aggrieved by any final determination,
cease and desist order, other order, or other final action of the
commission or a governing authority under this part and who has
exhausted any administrative remedies 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 final
determination, cease and desist order, other order, or other final
action of the governing authority or committee of such governing
authority or of the commission. Upon failure to file an appeal within
30 days, the decision of the governing authority or committee of such
governing authority or of the commission shall be final. The appeal
shall be heard by the judge of the superior court without a jury.
Section 9. Said part is further amended by striking in its
entirety Code Section 12-5-450, which reads as follows:
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
authority. 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
commission, elect to come under this part by resolution adopted by its
governing authority.,
and inserting in lieu thereof the following:
12-5-450. Reserved.
Section 10. Said part is further amended by striking Code
Section 12-5-451, relating to applicability, and inserting in lieu
thereof a new Code Section 12-5-451 to read as follows:
12-5-451. This part shall not apply to the following uses:
1072 GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Any land or water use for agriculture or animal hus-
bandry as defined in the ordinances adopted by the governing
authority, provided that a buffer of natural vegetation is main-
tained for a distance of 50 horizontal feet from the bank of the
watercourse;
(2) Ordinary maintenance and landscaping operations,
except for a distance of 50 horizontal feet from the bank of the
watercourse and except for the removal of healthy trees over two
inches diameter breast height (DBH) anywhere in the stream
corridor;
(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;
(4) (A) With regard to any land included in the stream
corridor for the first time after March 1, 1983, any land or
water use or land-disturbing activity:
(i) Which, on March 1,1983, is completed, under
construction, fully approved by the governing authority,
or for which all requests for approval of construction are
pending before the governing authority; or
(ii) Which is to be located on land which, on March
1,1983, is zoned for such use and where expenditures in
excess of $2,500.00 have been made in preparation for
construction in accordance with such zoning; however,
prior to March 1, 1984, construction of such land-dis-
turbing activity must have actually commenced and
expenditures must have been made in connection with
such construction in excess of 10 percent of the estimated
cost of the total projected land-disturbing activity, exclu-
sive of the cost of the land, or in excess of $100,000.00,
exclusive of the cost of the land, whichever is less; other-
wise a certificate for the project must be obtained pursu-
ant to this part.
GEORGIA LAWS 1983 SESSION
1073
(B) Upon request by the owner of any land included in
the stream corridor for the first time after March 1,1983, the
commission shall make a determination whether any land or
water use or land-disturbing activity on such land satisfies the
conditions set forth in this subsection for exclusion from
application of this part. Any such request shall be accompa-
nied by any information concerning the land or water use or
land-disturbing activity as the commission may reasonably
request. If the commission determines that the land or water
use or land-disturbing activity fails to satisfy the conditions
set forth in this subsection, the commission shall state the
reasons therefor. The commission shall be authorized to
delegate this authority to its executive director. If such
delegation is made, any person aggrieved by any such deter-
mination of the executive director may appeal such determi-
nation to the commission within 30 days of the issuance of
such determination; or
(5) Any land or water use or land-disturbing activity which
is undertaken or financed, in whole or in part, by the Department
of Transportation of the State of Georgia.
Section 11. Said part is further amended by striking Code
Section 12-5-452, relating to violations, and Code Section 12-5-453,
relating to jurisdiction, and inserting in lieu thereof a new Code
Section 12-5-452 and a new Code Section 12-5-453 to read as follows:
12-5-452. (a) If a governing authority determines that any
person is violating any provision of this part, any rule or regulation
adopted pursuant to this part, or the terms and conditions of any
certificate issued under this part, the appropriate governing authority
shall employ any one or any combination of any or all of the following
enforcement methods:
(1) The appropriate governing authority may issue a cease
and desist order specifying the provision of this part or the rule or
the term or condition of a certificate violated and requiring the
person so ordered to cease and desist from such activity and to
take corrective action within a reasonable period of time as
prescribed in the order. Such corrective action may include, but
shall not be limited to, requiring that the affected portion of the
stream corridor be returned to its condition prior to the violation
insofar as practical. Any such order shall become final unless the
1074
GENERAL ACTS AND RESOLUTIONS, VOL. I
person named therein requests in writing a hearing before the
governing authority no later than 30 days after the issuance of
such order. On the basis of such hearing, the governing authority
shall be authorized to continue such order in effect, to revoke the
order, or to modify it;
(2) Whenever the appropriate governing authority finds
that an emergency exists requiring immediate action to protect
the watercourse and the public interest, the governing authority
may issue an emergency cease and desist order, effective immedi-
ately, reciting the existence of such an emergency and requiring
that such action be taken as it deems necessary to meet the
emergency. Any person against whom such order is directed shall
comply therewith immediately but, on application to the govern-
ing authority, shall be afforded a hearing within five business
days. On the basis of such hearing the governing authority shall be
authorized to continue such order in effect, to revoke the order, or
to modify it;
(3) The appropriate governing authority may seek injunc-
tive relief pursuant to subsection (b) of this Code section; or
(4) The governing authority shall be authorized to delegate
to a responsible official thereof the authority to issue the orders
set forth in this subsection.
(b) Any land-disturbing activity in violation of this part, any
rule or regulation adopted pursuant to this part, or any certificate
issued pursuant to 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, the director, or any person.
(c) Any person who violates this part or any rule or regulation
adopted pursuant to this part, any certificate issued pursuant to this
part, or any final cease and desist order or emergency order issued
pursuant to this part may be fined a civil penalty not to exceed
$1,000.00 for each acre or part thereof on which such violation occurs.
Each day on which such violation exists is a separate offense.
(d) The superior court having jurisdiction over an action
brought pursuant to this Code section shall have the authority to
require that the land within the stream corridor be restored to its
GEORGIA LAWS 1983 SESSION
1075
original condition prior to the unauthorized land-disturbing activity,
if possible and if environmentally appropriate. If such restoration is
ordered by the court and not carried out within the time limits set
forth in a final court order, the governing authority shall be autho-
rized to carry out total or partial restoration within the stream
corridor, and the person or persons responsible for the unauthorized
land-disturbing activities shall be liable for the amount expended
upon restoration. Such amount shall be recoverable by the governing
authority in an action against such person or persons.
12-5-453.
(a) On or before January 1,1984, each governing authority shall
adopt ordinances or regulations governing use of all land which is in
the drainage basin of any tributary. Such regulations and ordinances
shall, at a minimum, include the following:
(1) Buffer areas of adequate width as determined by local
governing authorities along all flowing streams in the drainage
basin of any tributary, in which areas there will be no land-
disturbing activity; and
(2) Soil erosion and sediment control regulations consistent
with the Erosion and Sedimentation Act of 1975, Chapter 7 of
Title 12 of the Official Code of Georgia Annotated, as now or
hereinafter amended. Requirements of the plan, other than those
requirements consistent with the Erosion and Sedimentation Act
of 1975, shall not apply in the drainage basin of any tributary
outside the stream corridor.
(b) If the governing authority has failed to adopt and enforce
buffer area and erosion and sediment control ordinances or regula-
tions which effectively control erosion and sedimentation in a tribu-
tary, the commission shall give written notice to the governing
authority of its intent to request the director to undertake enforce-
ment of erosion and sediment control regulations in the drainage
basin of such tributary. If, after such notice from the commission, the
governing authority fails to demonstrate, to the satisfaction of the
commission, its intent and ability to enforce buffer area and erosion
and sediment control ordinances or regulations in the drainage basin
of such tributary, the commission shall request the director to assume
enforcement of erosion and sediment control regulations in the
drainage basin of such tributary.
1076
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Upon notification by the commission of a governing author-
itys failure to adopt and enforce buffer area and erosion and sedi-
ment control ordinances or regulations in the drainage basin of a
tributary or upon a determination by the director, after consultation
with the commission, that a governing authority has failed to adopt
and enforce buffer area and erosion and sediment control ordinances
or regulations in the drainage basin of a tributary, the director may
revoke the certification of a governing authority as an issuing author-
ity for permits required by the Erosion and Sedimentation Act of
1975, for the land within the drainage basin of such tributary.
Section 12. Said part is further amended by adding at the end
thereof a new Code Section 12-5-456 and a new Code Section 12-5-457
to read as follows:
12-5-456. (a) If the commission has reason to believe that any
person is carrying out any land-disturbing activity in or on the stream
corridor without a certificate pursuant to this part, in violation of the
terms and conditions of a certificate issued pursuant to this part, or in
any other respect in violation of this part, the commission shall notify
the governing authority of the political subdivision in which such
illegal activity is taking place and shall recommend action to correct
the situation. A copy of such notice to the governing authority shall
be furnished to the director. If the commission has determined that
the violation requires immediate enforcement action, the notice to
the governing authority shall so state.
(b) If, after notice from the commission, pursuant to subsection
(a) of this Code section, of a violation which requires immediate
enforcement action, a governing authority has failed to initiate an
enforcement action or otherwise secure cessation of the violation
within three business days of receipt of such notice, the commission
shall so advise the director.
(c) Upon notice from the commission pursuant to subsection (b)
of this Code section of a violation of this part which requires immedi-
ate enforcement action and as to which the governing authority has
failed to initiate enforcement action or otherwise secure cessation of
the violation or upon a determination by the director, after consulta-
tion with the commission, that any person is violating any provision of
this part, any rule or regulation adopted pursuant to this part, or the
terms and conditions of any certificate issued pursuant to this part
and that the public interest requires that the state take immediate
GEORGIA LAWS 1983 SESSION
1077
action, the director shall have the authority to employ any one or any
combination of any or all of the following enforcement methods:
(1) The director may issue a cease and desist order speci-
fying the provision of this part or the rule or the term or condition
of a certificate violated and requiring the person so ordered to
cease and desist from such activity and to take corrective action
within a reasonable period of time as prescribed in the order. Such
corrective action may include, but shall not be limited to, requir-
ing that the affected portion of the stream corridor be returned to
its condition prior to the violation, insofar as practical. Any such
order shall become final unless the person named therein requests
in writing a hearing before a hearing officer appointed by the
board no later than 30 days after the issuance of such order.
Review of such order shall be available as provided in subsection
(d) of this Code section;
(2) Whenever the director finds that an emergency exists
requiring immediate action to protect the watercourse and the
public interest, the director may issue an emergency cease and
desist order, effective immediately, reciting the existence of such
an emergency and requiring that such action be taken as he deems
necessary to meet the emergency. Any person against whom such
order is directed shall comply therewith immediately but, on
application to the director, shall be afforded a hearing within five
business days. On the basis of such hearing, the director shall be
authorized to continue such order in effect, to revoke the order, or
to modify it. Review of such order shall be available pursuant to
subsection (d) of this Code section;
(3) The director may seek injunctive relief pursuant to
subsection (b) of Code Section 12-5-452;
(4) Any person who engages in any land-disturbing activity
in violation of this part, any rule or regulation adopted pursuant to
this part, any certificate issued pursuant to this part, or any final
or emergency order of the director shall be subject to a civil
penalty not to exceed $1,000.00 for each acre or part thereof on
which such violation occurs. Each day on which such violation
exists is a separate offense. Whenever the director has reason to
believe that any person has violated this part, any rule or regula-
tion adopted pursuant to this part, any certificate issued pursuant
to this part, or any order or emergency order issued pursuant to
1078
GENERAL ACTS AND RESOLUTIONS, VOL. I
this part, he may upon written request cause a hearing to be
conducted before a hearing officer appointed by the board. Upon
finding that such person has violated any provision of this part,
any rule or regulation adopted pursuant to this part, any certifi-
cate issued pursuant to this part, or any final cease and desist
order or emergency order issued pursuant thereto, the hearing
officer shall issue his decision imposing civil penalties as provided
in this Code section; or
(5) In administrative proceedings or in judicial proceedings,
the director may seek, among other relief, the restoration of the
affected portion of the stream corridor to its original condition
prior to the unauthorized land-disturbing activity, if possible and
if environmentally appropriate. If such restoration is ordered by a
final order of the Board of Natural Resources or of the superior
court and not carried out within the time limit set forth in the final
administrative order or final court order, the director shall be
authorized to carry out such restoration, and the person responsi-
ble for the unauthorized land-disturbing activities shall be liable
for the amount expended upon restoration. Such amount shall be
recoverable by the director in an action against such person.
(d) All hearings on and review of contested matters, orders, or
other enforcement actions initiated by the director under this part
shall be provided and conducted in accordance with subsection (c) of
Code Section 12-2-2. The hearing and review procedure of this Code
section shall be to the exclusion of all other means of hearings or
review.
(e) If, pursuant to this Code section, the director determines
that the public interest requires initiation of an enforcement action
by the director and if the director, after initiation of such enforce-
ment action, secures cessation of the unauthorized activity or
achieves the imposition of a civil penalty and the restoration of the
land or is otherwise successful in correcting or penalizing the violation
of this part, whether by formal legal action or by settlement, the
governing authority within whose jurisdiction such violation occurred
shall be liable to the state for the costs incurred by the state in such
enforcement action, including the reasonable cost of attorneys ser-
vices.
12-5-457. No provision of this part shall repeal, supersede, or
preempt any function, power, authority, duty, or responsibility
GEORGIA LAWS 1983 SESSION
1079
assigned to the Environmental Protection Division of the Depart-
ment of Natural Resources by any other provision of this Code.
Section 13. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
LEVY OF RETAIL SALES TAX FOR METROPOLITAN
ATLANTA RAPID TRANSIT AUTHORITY EXTENDED.
Georgia Laws 1965, Page 2243 Amended.
No. 449 (House Bill No. 339).
AN ACT
To amend an Act known as the Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended, particularly by an Act approved April 16,
1979 (Ga. L. 1979, p. 4634) and an Act approved April 7,1981 (Ga. L.
1981, p. 4289), so as to provide that the retail sales and use tax for the
Authority shall be at the rate of one percent until and including June
30, 2012, and shall thereafter be reduced to one-half of one percent,
and to provide for the use of the proceeds of that tax; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended, particularly by an Act approved April 16,
1979 (Ga. L. 1979, p. 4634) and an Act approved April 7,1981 (Ga. L.
1080
GENERAL ACTS AND RESOLUTIONS, VOL. I
1981, p. 4289), is amended by striking subsection (b) of Section 25 and
inserting in its place a new subsection (b) to read as follows:
(b) Rate of Tax. The tax when levied shall be at the rate of one
(1%) percent until and including June 30, 2012, and shall thereafter
be reduced to one-half (1/2 %) of one percent. Said tax shall be added
to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of
Title 48 of the O.C.G.A., and the State Revenue Commissioner is
hereby authorized and directed to establish a bracket system by
appropriate rules and regulations to collect the tax herein imposed in
the areas affected.
Section 2. Said Act is further amended by striking subsection (i)
of Section 25 and inserting in its place a new subsection (i) to read as
follows:
(i) Use of Proceeds. The proceeds of the tax levied pursuant to
this Act shall be used solely by each local government to fulfill the
obligations incurred in the contracts entered into with the Metropoli-
tan Atlanta Rapid Transit Authority as contemplated in the Metro-
politan Atlanta Rapid Transit Authority Act of 1965, as amended,
provided, however, that no more than fifty percent (50%) of the
annual proceeds of the tax shall be used to subsidize the operating
costs of the system, exclusive of depreciation and amortization, until
July 1,2012, after which time no more than sixty percent (60%) of the
annual proceeds of the tax shall be used to subsidize the operating
costs of the system, exclusive of depreciation and amortization, and
that commencing with July 1, 2012, and for every year thereafter, the
proceeds of the tax shall not be used to subsidize operations of the
transportation system to an extent greater than fifty percent (50 %) of
the operating costs of the system, exclusive of depreciation and
amortization. In adopting its annual budget, the Board of the
Metropolitan Atlanta Rapid Transit Authority shall be authorized to
rely upon estimates of all revenues, operating costs, patronage and
other factors which may affect the amount of the fare required to
limit the operating subsidy herein provided for. If the results of any
years operations reflect that the proceeds of the tax were used to
subsidize operations to an extent greater than herein provided, the
Board shall adjust fares in order to make up the deficit in operations
during a period of not to exceed three (3) succeeding years. If the
results of operations in the Authoritys fiscal year commencing July 1,
1980 or in any subsequent fiscal year reflect that the proceeds of the
tax were not used to subsidize operations to the maximum extent
GEORGIA LAWS 1983 SESSION
1081
herein provided, the Board may, in its sole discretion, reserve any
amounts that could have been used to subsidize operations in that
fiscal year and later use said reserved amounts and any interest
earned on said reserved amounts to provide an additional subsidy for
operations in any future fiscal year or years. The words operating
costs of the system for purposes of this subsection 25(i) are defined to
include all of the costs of that division of the Authority directly
involved and that portion of the nonoperating administrative costs of
those divisions of the Authority indirectly involved, through the
provision of support services, in providing mass transportation ser-
vices for the metropolitan area, but exclusive of the costs of the
division or divisions directly involved and that portion of the nonop-
erating administrative costs of those divisions indirectly involved, in
the planning, design, acquisition, construction and improvement of
the rapid transit system, according to accepted principles of account-
ing. If any proceeds of the tax levied pursuant to this Act are held for
the purpose of planning, designing, acquiring, constructing, or
improving the rapid transit system and are invested, then all interest
earned from such investments shall be used only for planning, design-
ing, acquiring, constructing, or improving the rapid transit system or
for paying the principal of or interest on bonds or certificates issued
for such purposes.
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.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965 p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
1082
GENERAL ACTS AND RESOLUTIONS, VOL. I
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Marietta Daily Journal which is the official or-
gan of Cobb County, on the following dates: December 24, 31, 1982,
and January 7,1983.
/s/ John W. Greer
Representative,
39th District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as
amended; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1083
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Decatur DeKalb News Era which is the official
organ of DeKalb County, on the following dates: December 23, 30,
1982, and January 6,1983.
/s/ John W. Greer
Representative,
39th District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as
amended; to repeal conflicting laws; and for other purposes.
1084
GENERAL ACTS AND RESOLUTIONS, VOL. I
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Home Weekly which is the official organ of
Gwinnett County, on the following dates: January 5,12,19,1983.
/s/ John W. Greer
Representative,
39th District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as
amended; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1085
This 6th day of January, 1983.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Clayton News Daily which is the official organ
of Clayton County, on the following dates: January 11,18,25,1983.
/s/ John W. Greer
Representative,
39th District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243), as
amended; to repeal conflicting laws; and for other purposes.
1086
GENERAL ACTS AND RESOLUTIONS, VOL. I
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, John W. Greer, who, on oath, deposes
and says that he is Representative from the 39th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Fulton County Daily Report which is the official
organ of Fulton County, on the following dates: December 21,28,1982
and January 4,1983.
/s/ John W. Greer
Representative,
39th District
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29, 1983.
GEORGIA LAWS 1983 SESSION
1087
METROPOLITAN ATLANTA RAPID TRANSIT
AUTHORITY CONSTRUCTION, ETC.,
PRIORITIES CHANGED.
Georgia Laws 1965, Page 2243 Amended.
No. 450 (House Bill No. 648).
AN ACT
To amend an Act known as the Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended, particularly by an Act approved April 16,
1979 (Ga. L. 1979, p. 4634), so as to change the construction, comple-
tion, and operation priority of portions of the Authoritys rapid rail
system; to provide for legislative intent; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the Metropolitan Atlanta Rapid
Transit Authority Act of 1965, approved March 10, 1965 (Ga. L.
1965, p. 2243), as amended, particularly by an Act approved April 16,
1979 (Ga. L. 1979, p. 4634), is amended by striking in subsection (k) of
Section 25 the following:
and third, to construct, complete, and operate that portion of the
rail system described in the Rapid Transit Contract and Assistance
Agreement by and between the Authority, the counties of Fulton and
DeKalb, and the City of Atlanta, dated September 1, 1971, as
amended, which extends from the City of Doraville, Georgia, to the
new mid-field terminal in Clayton County, Georgia, at the Hartsfield
International Airport, giving equal priority to extending said rail
system to serve the City of Doraville and the Hartsfield International
Airport,
and inserting in its place the following:
and third, to construct, complete, and operate that portion of the
rail system described as Phases A, B, and C in the Rapid Transit
Contract and Assistance Agreement by and between the Authority,
1088
GENERAL ACTS AND RESOLUTIONS, VOL. I
the counties of Fulton and DeKalb, and the City of Atlanta, dated
September 1,1971, as amended, in the following manner and order of
priority: (1) Phase A; (2) Phase B; (3) That portion of Phase C
extending from Lenox Road to Brookhaven on the Northeast Line
and from Lakewood to East Point on the South Line, with completion
of Brookhaven occurring before completion of East Point; (4) That
portion of Phase C extending from Brookhaven to Chamblee on the
Northeast Line; (5) That portion of Phase C extending from East
Point to College Park to the mid-field terminal in Clayton County,
Georgia, at the Hartsfield International Airport on the South Line
and Southwest Branch; and (6) That portion of Phase C extending
from Chamblee to Doraville on the Northeast Line.
Section 2. It is the intent of the General Assembly, through the
passage of this Act, to change the construction, completion, and
operation priority of portions of the rapid rail system of the Metro-
politan Atlanta Rapid Transit Authority without unlawfully impair-
ing the obligation of any contract in effect on the effective date of this
Act.
Section 3. This Act shall become effective July 1,1984.
Section 4. 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
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965 p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
GEORGIA LAWS 1983 SESSION
1089
Publishers Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a Notary Public, this day personally
came Frances K. Beck, who, being first duly sworn, according to law,
says that she is the President of the Daily Report Company, publish-
ers of the Fulton County Daily Report, official newspaper published
at Atlanta, in said county and State, and that the publication, of
which the annexed is a true copy, was published in said paper on the
21, 28, days of December, 1982 and on the 4, 11, 18, 25, days of
January, 1983. As provided by law.
/s/ Frances K. Beck
Subscribed and sworn to before me,
this 27th day of January, 1983.
/s/ April M. Elmore
Notary Public, Georgia State at Large.
My Commission Expires Feb. 17, 1986.
(Seal).
Notice.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965 p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 6th day of January 1983.
John W. Greer
Representative,
39th District
1090
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, G. D. Adams, who, on oath, deposes
and says that he is Representative from the 36th District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Clayton News Daily which is the official organ of
Clayton County, on the following dates: January 11,18,25,1983.
/s/ G. D. Adams
Representative,
36th District
Sworn to and subscribed before me,
this 17th day of February, 1983.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
GEORGIA LAWS 1983 SESSION
1091
Publishers Certificate.
Georgia, Gwinnett County.
Personally appeared before the undersigned, a notary public
within and for said county and State, Bruce R. Still, publisher of the
Home Weekly, a newspaper published at Lawrenceville, county of
Gwinnett, State of Georgia, who, being duly sworn, states on oath that
the report of Metropolitan Atlanta Rapid Transit, a true copy of
which is hereto annexed, was published in said newspaper in its issue
of the 5,12,19,26 days of January, 1983.
/s/ Bruce R. Still
Publisher
Sworn to and subscribed before me,
this 31st day of January, 1983.
/s/ Ann Dover
Notary Public, Georgia State at Large.
My Commission Expires February 18, 1985.
(Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
1092
GENERAL ACTS AND RESOLUTIONS, VOL. I
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
This 8th day of December, 1982.
John W. Greer
Representative,
39th District
Publishers Certificate.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public
within and for said county and State, Gerald Wm. Crane, Co-
publisher of Decatur-DeKalb News/Era, a newspaper published at
Decatur, county of DeKalb, State of Georgia who, being duly sworn,
states on oath that the report of Local Legislation-Marta-1983 Ses-
sion of General Assembly of Georgia a true copy of which is hereto
annexed was published in said newspaper in its issue of the 23, 30,
days of December 1982 and 6,13,20,27, days of January 1983.
/s/ Gerald W. Crane
Co-Publisher
/s/ Linda L. Orr
Agent
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1983 Session of the General Assembly of Georgia a bill to amend an
Act known as the Metropolitan Atlanta Rapid Transit Authority Act
of 1965, approved March 10, 1965 (Ga. Laws 1965, p. 2243) as
amended; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1093
This 8th day of December, 1982.
/s/ John W. Greer
Representative,
39th District
Publishers Affidavit.
Georgia, Cobb County.
Before me the undersigned, a Notary Public, this day came Otis A.
Brumby, personally known to me who being first duly sworn accord-
ing to law, says that he is Publisher of Times-Journal, Inc. Publisher
of The Marietta Daily Journal, the official newspaper of which
Sheriffs advertisements in and for said County are published and a
newspaper of general circulation with its principal place of business in
said county, Legal Ad M 685 Notice to Introduce Local Legislation
appeared in said paper on December 28, 31,1982 and January 7,14,
21,28,1983.
/s/ Otis A. Brumby, Jr.
Sworn to and subscribed before me,
this 28th day of January, 1983.
/s/ Thelma Kemp Richards
Notary Public, Georgia State at Large.
My Commission Expires October 17, 1983.
(Seal).
Approved March 29, 1983.
1094
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 27th day of January, 1983.
/s/ Linda L. Orr
Notary Public.
My Commission Expires June 21, 1985.
(Seal).
Approved March 29, 1983.
PEACE OFFICER AND PROSECUTOR TRAINING FUND
ACT OF 1983.
Code Title 15, Chapter 21, Article 4 Enacted.
No. 451 (Senate Bill No. 70).
AN ACT
To amend Chapter 21 of Title 15 of the Official Code of Georgia
Annotated, relating to the payment and disposition of fines and
forfeitures, so as to provide for additional penalty assessments for
offenses against the criminal and traffic laws of this state and political
subdivisions thereof; to provide that such additional assessments may
be used for the training of peace officers and prosecuting officials as
well as other purposes; to provide for the authority for said additional
penalty assessments; to provide for the collection and distribution of
said penalty assessments; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia
Annotated, relating to the payment and disposition of fines and
forfeitures, is amended by adding at the end thereof a new Article 4 to
read as follows:
GEORGIA LAWS 1983 SESSION
1095
ARTICLE 4
15-21-70. This article shall be known as and may be cited as the
Peace Officer and Prosecutor Training Fund Act of 1983.
15-21-71. This article is enacted pursuant to Article III, Section
IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia,
which provision authorizes additional penalty assessments in crimi-
nal and traffic cases and provides that the proceeds derived there-
from may be used for the purpose of providing training to law
enforcement officers and prosecuting officials.
15-21-72. It is the intent of this article to provide funding for the
training of law enforcement and prosecutorial officers.
15-21-73. (a) (1) In every case in which any state court; pro-
bate court; municipal court, whether known as mayors,
recorders, or police court; or superior court in this state shall
impose a fine, which shall be construed to include costs, for any
offense against a criminal or traffic law of this state or political
subdivision thereof, there shall be imposed as an additional pen-
alty a sum equal to the lesser of $50.00 or 10 percent of the original
fine.
(2) At the time of posting bail or bond in any case involving
a violation of a criminal or traffic law of this state or political
subdivision thereof, an additional sum equal to the lesser of $50.00
or 10 percent of the original amount of bail or bond shall be
posted. In every case in which any state court; probate court;
municipal court, whether known as mayors, recorders, or police
court; or superior court shall order the forfeiture of bail or bond,
the additional sum equal to the lesser of $50.00 or 10 percent of the
original bail or bond shall be paid over as provided in Code Section
15-21-74.
(b) Such sums shall be in addition to that amount required by
Code Section 47-17-60 to be paid into the Peace Officers Annuity and
Benefit Fund or Code Section 47-11-51 concerning the Probate Judge
Retirement Fund.
15-21-74. The sums provided for in Code Section 15-21-73 shall
be assessed and collected by the court officer charged with the duty of
collecting moneys arising from fines and forfeited bonds and shall be
1096
GENERAL ACTS AND RESOLUTIONS, VOL. I
paid over to the commissioner of the Department of Revenue by the
last day of the month there following, to be deposited by him into the
general treasury. The commissioner of the Department of Revenue
shall, on a quarterly basis, make a report and accounting of all funds
collected pursuant to this article and shall submit such report and
accounting to the Office of Planning and Budget and the Legislative
Budget Office no later than 30 days after the last day of the preceding
quarter.
15-21-75. When any such person, agency, or unit of government
whose duty it is to collect and pay over such moneys within 60 days of
the date they are required to be paid over, the same shall be
delinquent and there may be imposed, in addition to the principal
amount due, a specific penalty in the amount of 5 percent of said
principal amount per month for each month during which the money
is continued to be delinquent, not to exceed a total of 25 percent of the
principal amount.
15-21-76. Any person whose duty it is to collect and remit the
sum provided for in this article who fails or refuses to so remit shall be
guilty of a misdemeanor.
15-21-77. An amount equal to all funds remitted as provided in
Code Section 15-21-74 in the immediately preceding year shall be
appropriated to fund law enforcement or prosecutorial officers train-
ing, or both, and activities incident thereto, including, but not limited
to, payment or repayment to the state treasury for capital outlay,
general obligation bond debt service, administrative expenses and
any other expense or fund application which the General Assembly
may deem appropriate. This Code section shall not preclude the
appropriation of a greater amount for this purpose.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
GEORGIA LAWS 1983 SESSION
1097
FAIR EMPLOYMENT PRACTICES ACT OF 1978
AMENDED.
Code Title 45, Chapter 19, Article 2 Amended.
No. 452 (House Bill No. 348).
AN ACT
To amend Chapter 19 of Title 45 of the Official Code of Georgia
Annotated, relating to labor practices, so as to revise extensively and
supersede existing provisions of Article 2 of said chapter, known as
the Fair Employment Practices Act of 1978; to change the defini-
tion of public employer and employer; to change the name of the Fair
Employment Practices Advisory Board; to change the provisions
relating to the membership and officers of the board; to change the
provisions relating to the administrator and the administrators
powers and duties; to change certain time periods; to change the
provisions relating to practices and procedures; to provide for records;
to provide for jurisdiction; to prohibit certain actions; 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. Chapter 19 of Title 45 of the Official Code of Georgia
Annotated, relating to labor practices, is amended by striking Article
2, known as the Fair Employment Practices Act of 1978, in its
entirety and substituting in lieu thereof a new Article 2 to read as
follows:
ARTICLE 2
45-19-20. This article shall be known and may be cited as the
Fair Employment Practices Act of 1978.
45-19-21. (a) The general purposes of this article are:
(1) To provide for execution within public employment in
the state of the policies embodied in Title VII of the federal Civil
Rights Act of 1964 (78 Stat. 241), as amended by the Equal
Employment Opportunity Act of 1972 (86 Stat. 103), as from time
1098
GENERAL ACTS AND RESOLUTIONS, VOL. I
to time amended, the federal Age Discrimination in Employment
Act of 1967 (81 Stat. 602), as from time to time amended, and the
federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to
time amended;
(2) To safeguard all individuals in public employment from
discrimination in employment;
(3) To promote the elimination of discrimination against all
individuals in public employment because of such individuals
race, color, religion, national origin, sex, handicap, or age thereby
to promote the protection of their interest in personal dignity and
freedom from humiliation; to make available to the state their full
productive capacities; to secure the state against domestic strife
and unrest which would menace its democratic institutions; to
preserve the public safety, health, and general welfare; and to
further the interests, rights, and privileges of individuals within
the state.
(b) This article shall be broadly construed to further the general
purposes stated in this Code section and the special purposes of the
particular provision involved.
(c) Nothing in this article shall be construed as indicating an
intent to exclude local or federal laws on the same subject matter,
which laws are not inconsistent with this article.
(d) Nothing contained in this article shall be deemed to repeal
any other nonconflicting law of this state relating to discrimination
because of race, color, religion, national origin, sex, handicap, or age.
45-19-22. As used in this article, the term:
(1) Administrator means the administrator of the Office of
Fair Employment Practices provided for by Code Section 45-19-
24.
(2) -Board means the Fair Employment Practices Board
created by Code Section 45-19-23.
(3) Discrimination means any direct or indirect act or
practice of exclusion, distinction, restriction, segregation, limita-
tion, refusal, denial, or any other act or practice of differentiation
GEORGIA LAWS 1983 SESSION
1099
or preference in the treatment of a person or persons because of
race, color, religion, national origin, sex, handicap, or age or the
aiding, abetting, inciting, coercing, or compelling of such an act or
practice. This term shall not include any direct or indirect act or
practice of exclusion, distinction, restriction, segregation, limita-
tion, refusal, denial, or any other act or practice of differentiation
or preference in the treatment of a person or persons because of
religion if an employer demonstrates that the employer is unable
to accommodate reasonably an employees or prospective
employees religious observance or practice without undue hard-
ship on the conduct of the employers operation.
(4) Handicap means a physical or mental impairment
which substantially limits one or more of a persons major life
activities, unless an employer demonstrates that the employer is
unable to accommodate reasonably to an employees or prospec-
tive employees handicap without undue hardship on the conduct
of the employers operation.
(5) Public employer or employer means any department,
board, bureau, commission, authority, or other agency of the state
which employs 15 or more employees within the state for each
working day in each of 20 or more calendar weeks in the current or
preceding calendar year. A person elected to public office in this
state is a public employer with respect to persons holding posi-
tions or individuals applying for positions which are subject to the
State Merit System of Personnel Administration or any personnel
merit system of any agency or authority of this state. A person
elected to public office in this state is not a public employer with
respect to persons holding positions or individuals applying for
positions on such officers personal staff or on the policy-making
level or as immediate advisors with respect to the exercise of the
constitutional or legal powers of the office held by such officer.
The term public employer shall include the State Merit System
of Personnel Administration whether or not such agency is the
immediate employer of the party or parties claiming to be
aggrieved.
(6) Public employment means employment by any depart-
ment, board, bureau, commission, authority, or other agency of
the State of Georgia.
1100
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Religion means all aspects of religious observance and
practice as well as belief.
(8) Unlawful practice means an act or practice declared to
be an unlawful practice in Code Sections 45-19-29 through 45-19-
31,45-19-32, or 45-19-45.
45-19-23. (a) A Fair Employment Practices Board is created.
The board shall consist of nine persons. Subject to confirmation by
the Senate, the members of the board shall be appointed by the
Governor for three-year terms, except as hereafter provided. Of the
Governors initial appointments, three shall be for one-year terms,
three shall be for two-year terms, and three shall be for three-year
terms. In the event of a vacancy during the term of any member
appointed by the Governor whether by reason of death, resignation,
or otherwise, the appointment of a successor by the Governor shall be
only for the remainder of the unexpired term. The membership of the
board shall be representative of a fair and reasonable cross section of
the population of the state and one-third of the members shall have
experience in labor or Title VII law enforcement, or other legal
human rights experience.
(b) The board shall annually elect a chair and such other officers
as it deems appropriate and shall meet at least three times a year at a
time and place specified in writing by the administrator. The board
may also meet from time to time upon its own motion, as deemed
necessary by a majority of the members thereof, for the purposes of
conducting routine or special business. Each member of the board
shall serve without pay; but the members who are not otherwise state
officials or employees shall receive a per diem of $44.00 for each day
said members are engaged in their official duties plus the legal
mileage allowance authorized for state employees for the use of their
personal automobiles while engaged in the official duties of the board.
(c) The board shall make a written report to the Governor and to
the General Assembly by December 31 of each year. Such report shall
advise the Governor and the members of the General Assembly of the
boards activities and the administration of this article and shall
make such recommendation for change, if any, as the board deems
proper.
(d) The board shall assist the administrator of the Office of Fair
Employment Practices in an advisory capacity in carrying out the
GEORGIA LAWS 1983 SESSION
1101
duties and functions of the office including but not limited to matters
relating to fair employment practices and the effectiveness of the
state programs and operations.
(e) The board shall establish and certify to the Governor at the
beginning of each fiscal year a list of not less than 12 persons,
including females and minorities, licensed to practice law in Georgia,
who have experience in labor law, in employment law, or administra-
tive law, from which list the Governor may select, on the basis of
rotation in sequential order, special masters as provided for in Code
Section 45-19-37. The board may from time to time certify to the
Governor additional persons to be added to the aforementioned list.
45-19-24. There is created the Office of Fair Employment Prac-
tices. The Governor shall appoint an administrator of the Office of
Fair Employment Practices who shall serve at the pleasure of the
Governor. The Office of Fair Employment Practices shall be attached
to the office of the Governor for administrative purposes only.
45-19-25. The function of the administrator shall be to encour-
age fair treatment for public employees and to discourage unlawful
discrimination in public employment.
45-19-26. The Attorney General shall be the legal adviser for the
administrator.
45-19-27. In the enforcement of this article the administrator
shall have the following powers and duties:
(1) To maintain an office in the City of Atlanta and such
other offices within the state as the administrator may deem
necessary;
(2) To meet and exercise the administrators powers at any
place within the state;
(3) Within the limitations provided by law, to appoint
clerks and other employees and agents as the administrator may
deem necessary, to include employees and agents to represent
complainants at special master hearings as provided in Code
Section 45-19-37;
1102
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) To cooperate with individuals and with state, local, and
other agencies, both public and private, and to obtain upon
request and utilize the services of all governmental departments
and agencies;
(5) To cooperate with the United States Equal Employment
Opportunity Commission created by Section 705 of the Civil
Rights Act of 1964 (78 Stat. 241), as amended, and with other
federal and local agencies in order to achieve the purposes of that
act; and to cooperate with other federal and local agencies in order
to achieve the purposes of this article;
(6) To accept gifts, bequests, grants, or other public or
private payments on behalf of the state and to pay such moneys
into the state treasury;
(7) To accept on behalf of the state reimbursement pursu-
ant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241),
as amended, for services rendered to assist the United States
Equal Employment Opportunity Commission;
(8) To receive, initiate, investigate, seek to conciliate, and
make determinations regarding complaints alleging violations of
this article and to approve or disapprove plans required by the
Governor to eliminate or reduce imbalance in employment with
respect to race, color, handicap, religion, sex, national origin, or
age;
(9) To furnish technical assistance requested by persons
subject to this article to further their compliance with this article
or an order issued thereunder;
(10) To investigate and make studies, subject to approval by
the Governor, of unlawful practices in public employment and, in
connection therewith, to hold hearings, to request the attendance
of persons to give testimony, to receive for the record at any such
hearing written statements, documents, exhibits, and other items
pertinent to the subject matter of any such hearing, and, following
any such investigation or hearing, to issue such report and recom-
mendations as will in its opinion assist in carrying out the pur-
poses of this article;
GEORGIA LAWS 1983 SESSION
1103
(11) To require answers to interrogatories, examine wit-
nesses, and require the production of documents so long as it is
relevant to the investigation of a complaint;
(12) To render written reports to the Governor and the
General Assembly. The reports may contain recommendations of
the administrator for legislative or other action to effectuate the
purposes and policies of this article;
(13) To make provision for technical and clerical assistance
to the Fair Employment Practices Board;
(14) To adopt, promulgate, amend, and rescind, subject to
approval of the board and the Governor and after giving proper
notice and hearing to all public employers pursuant to Chapter 13
of Title 50, the Georgia Administrative Procedure Act, such rules
and regulations as may be necessary to carry out the provisions of
this article, including regulations requiring the posting or inclu-
sion in advertising material of notices prepared or approved by the
administrator and regulations regarding the filing, approval, or
disapproval of plans to eliminate or reduce imbalance in employ-
ment with respect to race, color, handicap, religion, sex, national
origin, or age;
(15) To cooperate with other organizations, public and pri-
vate, to discourage unlawful practices and discrimination in
employment;
(16) To maintain with the United States Equal Employment
Opportunity Commission status as a deferral agency under Sec-
tion 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended,
as provided by the rules and regulations of said commission or as a
referral agency under Section 709 of the Civil Rights Act of 1964
(78 Stat. 241), as amended; and
(17) To require, pursuant to rules and regulations promul-
gated by the administrator under the authority of paragraph (14)
of this Code section, from any state agency or department such
reports and information at such times as it may deem reasonably
necessary to carry out the purposes of this article.
45-19-28. The provisions of this article relating to discrimination
in employment on the basis of age shall apply only to individuals who
are at least 40 years of age but less than 70 years of age.
1104
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-19-29. It is an unlawful practice for an employer:
(1) To fail or refuse to hire, to discharge, or otherwise to
discriminate against any individual with respect to the individ-
uals compensation, terms, conditions, or privileges of employ-
ment because of such individuals race, color, religion, national
origin, sex, handicap, or age;
(2) To limit, segregate, or classify their employees in any
way which would deprive or tend to deprive an individual of
employment opportunities or otherwise adversely affect an indi-
viduals status as an employee because of such individuals race,
color, religion, national origin, sex, handicap, or age; or
(3) To hire, promote, advance, segregate, or affirmatively
hire an individual solely because of race, color, religion, national
origin, sex, handicap, or age, but this paragraph shall not prohibit
an employer from voluntarily adopting and carrying out a plan to
fill vacancies or hire new employees in a manner to eliminate or
reduce imbalance in employment with respect to race, color,
handicap, religion, sex, national origin, or age if the plan has first
been filed with the administrator for review and comment for a
period of not less than 30 days.
45-19-30. It is an unlawful practice for an employer controlling
apprenticeship or other training or retraining including on-the-job
training programs to discriminate against an individual because of
such individuals race, color, religion, national origin, sex, handicap,
or age in admission to or employment in any program established to
provide apprenticeship or other training or to discriminate by allow-
ing admission or promotion to an apprenticeship or training program
solely because of race, color, religion, national origin, sex, handicap, or
age.
45-19-31. It is an unlawful practice for an employer to print or
publish or cause to be printed or published a notice or advertisement
relating to employment by such an employer indicating any prefer-
ence, limitation, specification, or discrimination based on race, color,
religion, national origin, sex, handicap, or age, except that such a
notice or advertisement may indicate a preference, limitation, or
specification based on race, color, religion, national origin, sex, handi-
cap, or age when religion, national origin, sex, handicap, or age is a
bona fide occupational qualification for employment.
GEORGIA LAWS 1983 SESSION
1105
45-19-32. It is an unlawful practice for a party to a conciliation
agreement made pursuant to subsection (d) of Code Section 45-19-36
to violate the terms of the agreement.
45-19-33. It is not an unlawful practice for an employer to apply
different standards of compensation or different terms, conditions, or
privileges of employment pursuant to a bona fide seniority or merit
system, or a system which measures earnings by quantity or quality of
production, or to employees who work in different locations, provided
that such differences are not the result of an intention to discriminate
because of race, color, religion, national origin, sex, handicap, or age;
nor is it an unlawful practice for an employer to give and to act upon
the results of any professionally developed ability test, provided that
such test, its administration, or action upon the results thereof is not
designed, intended, or used to discriminate because of race, color,
religion, national origin, sex, handicap, or age.
45-19-34. It is not an unlawful practice for an employer to hire
and employ employees or to select an individual in any training
program on the basis of religion or national origin in those certain
instances where religion or national origin is a bona fide occupational
qualification reasonably necessary to the normal functions of that
particular employers responsibilities.
45-19-35. (a) Quotas because of imbalances in employee ratios
shall not be permitted.
(b) Nothing contained in this article requires an employer to
grant preferential treatment to an individual or to a group because of
the race, color, religion, national origin, sex, handicap, or age of the
individual or group on account of an imbalance which may exist with
respect to the total number or percentage of persons of any race, color,
religion, national origin, sex, handicap, or age in the state or a
community, section, or other area or in the available work force in the
state or a community, section, or other area.
(c) It is specifically provided that neither subsection (a) nor (b)
of this Code section nor any other provision of this article shall
prohibit an employer from adopting or carrying out a plan to fill
vacancies or hire new employees in a manner to eliminate or reduce
imbalance in employment with respect to race, color, handicap,
religion, sex, national origin, or age if such plan is required by the
Governor and filed with and approved by the administrator prior to
its final adoption and implementation.
1106
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Nothing contained in this article prohibits:
(1) Minimum hiring ages otherwise provided by law;
(2) State compliance with federal regulations;
(3) Termination of the employment of any person who is
unable or incompetent or refuses to perform the persons duties;
(4) Any physical or medical examinations of applicants or
employees which an employer requires to determine fitness for the
job or position sought or held; or
(5) An employer from observing the terms of a bona fide
seniority system or any bona fide employee benefit plan such as a
retirement, pension, or insurance plan which is not a subterfuge to
evade the purposes of this article.
45-19-36. (a) An individual claiming to be aggrieved by an
unlawful practice or another person on behalf of an individual
claiming to be aggrieved by an unlawful practice may file with the
administrator a written, sworn complaint stating that an unlawful
practice has been committed setting forth the facts upon which the
complaint is based and setting forth facts sufficient to enable the
administrator to identify the employer, hereinafter called the respon-
dent, charged. The administrators staff shall promptly investigate
the allegations of unlawful practice set forth in the complaint and
within 15 days of filing, shall serve the respondent with a copy of the
complaint. The complaint shall be barred unless filed within 180 days
after the alleged unlawful practice occurs.
(b) Within 90 days after the complaint has been filed, the
administrator shall determine whether there is reasonable cause to
believe the respondent has engaged in an unlawful practice. If it is
determined that there is no reasonable cause to believe that the
respondent has engaged in an unlawful practice, the administrator
shall issue an order dismissing the complaint.
(c) Within ten days after receiving a copy of the order dismissing
the complaint, the complainant may file with the administrator an
application for reconsideration of the order. Upon such application,
the administrator shall determine within 15 days whether there is
reasonable cause to believe that the respondent has engaged in an
GEORGIA LAWS 1983 SESSION
1107
unlawful practice. If it is again determined that there is no reasonable
cause to believe that the respondent has engaged in an unlawful
practice, the administrator shall issue an order dismissing the com-
plaint and notifying the complainant that such complainant has the
right to request a right to sue letter from the appropriate federal
agency or petition for review in the appropriate superior court as
provided for in Code Section 45-19-39.
(d) After investigation or after the review provided for in subsec-
tion (c) of this Code section, if the administrator determines that
there is reasonable cause to believe that the respondent has engaged
in an unlawful practice, then the administrators staff shall first
endeavor to eliminate the alleged unlawful practice by conference,
conciliation, and persuasion. The terms of a conciliation agreement
reached with a respondent may require the respondent to refrain
from the commission of unlawful discriminatory practices in the
future and make such further provisions as may be agreed upon
between the administrator and the respondent. If a conciliation
agreement is entered into, the administrator shall issue and serve on
the complainant a final order stating its terms. Except for the terms
of the conciliation agreement, neither the administrator nor any
agent thereof shall make public without the written consent of the
complainant and the respondent information concerning efforts in
the particular case to eliminate an unlawful practice by conference,
conciliation, or persuasion, whether or not there is a determination of
reasonable cause or a conciliation agreement.
(e) In the event the administrator determines that there is
reasonable cause to believe that an agency or authority has engaged in
an unlawful practice as defined in this article and the administrators
staff is unable to eliminate the alleged unlawful practice by confer-
ence, conciliation, and persuasion, the administrator shall refer the
complaint to a special master as provided for in Code Section 45-19-
37.
(f) At the expiration of one year from the date of a conciliation
agreement and at other times in its reasonable discretion, the admin-
istrators staff may investigate whether the terms of the agreement
have been and are being complied with by the respondent. The
administrator shall report the findings to the complainant and
respondent. If the administrator finds reasonable cause to believe
that the agreement has been breached, the complainant may seek
enforcement of the agreement in the superior court of the county in
1108
GENERAL ACTS AND RESOLUTIONS, VOL. I
which the alleged violation took place or in the county of the
respondents residence.
45-19-37. (a) Unless the administrator has issued an order
dismissing the complaint or stating the terms of a conciliation agree-
ment within 90 days after a complaint is filed, the administrator shall
request that the Governor appoint, from the list provided for by
subsection (e) of Code Section 45-19-23, a special master to conduct a
hearing in accordance with this article. Not more than 15 working
days after such request, the Governor shall select and appoint a
special master who must be an attorney licensed to practice law in
this state. The special master shall have all of the power and authority
granted to agencies in conducting hearings and rendering final orders
under Chapter 13 of Title 50, the Georgia Administrative Procedure
Act, including but not limited to subpoena power.
(b) Not more than seven days after the appointment of the
special master, the administrator shall serve on the respondent and
on the complainant or the complainants attorney by registered or
certified mail a written notice together with a copy of the complaint
requiring the respondent to answer the charges contained therein at a
hearing before the special master at a time and place specified in the
notice. Such notice must contain all general and specific charges
against the respondent.
(c) The respondent shall serve an answer with the special master
by registered or certified mail not more than 20 working days after
receipt of the notice of hearing, which 20 working days may be
extended by the special master in the special masters discretion for
an additional time not to exceed ten working days. The respondents
answer must show by a certificate of service that the respondent has
served a copy of the answer on the complainant or the complainants
attorney at the last known address of the complainant or the com-
plainants attorney where complainant is represented by an attorney.
Upon leave of the special master, the complainant may amend the
charges contained in the notice of hearing. The respondent may
amend an answer at any time prior to the hearing or, upon leave of the
special master, may amend thereafter. No final order shall be issued
unless the respondent has had the opportunity of a hearing on the
charges contained in the notice of hearing or amendment on which
the final order is based. If the respondent fails to answer the
complaint, the special master may enter the respondents default.
Unless the default is set aside for good cause shown, the hearing may
proceed on the evidence in support of the complaint.
GEORGIA LAWS 1983 SESSION
1109
(d) At any time after a notice of hearing is served upon a
respondent, discovery shall be authorized in the same manner and
fashion as discovery is permitted under Code Sections 9-11-26
through 9-11-37. Any order contemplated in Code Sections 9-11-26
through 9-11-37 may be issued by the special master. Judicial
enforcement of any such order may be obtained by the complainant
or respondent in the same manner as is provided for the enforcement
of final orders in Code Section 45-19-40.
(e) A respondent who has filed an answer or whose default in
answering has been set aside for good cause shown may appear at the
hearing, may examine and cross-examine witnesses and the complain-
ant, and may offer evidence.The complainant and, at the discretion
of the special master, any other person may intervene, examine and
cross-examine witnesses, and present evidence.
(f) Efforts at conference, conciliation, and persuasion shall not
be received in evidence.
(g) Testimony taken at the hearing shall be under oath and shall
be stenographically or otherwise recorded by a certified court
reporter. After the hearing, the special master at the special masters
discretion may take further evidence or hear arguments upon notice
to all parties with an opportunity to be present.
(h) Except as otherwise specifically provided for in this article,
all proceedings of the special master shall be conducted as provided
for with respect to contested cases in Chapter 13 of Title 50.
(i) A complainant may retain at the complainants own expense
private counsel to represent the complainant in any proceeding
provided for under this article; however, the complainant may utilize
the services of an individual employed by the administrator pursuant
to paragraph (3) of Code Section 45-19-27 in presenting the complain-
ants case before the special master.
45-19-38. (a) If the special master determines that the respon-
dent has not engaged in an unlawful practice, the special master shall
state the special masters findings of fact and conclusions of law and
shall issue a final order, within 30 days after the hearing unless, for
good cause shown, such time is extended by the Governor, dismissing
the complaint.
1110
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) If the special master determines that the respondent has
engaged in an unlawful practice, the special master shall state the
special masters findings of fact and conclusions of law and shall issue
a final order, within 30 days after the hearing unless, for good cause
shown, such time is extended by the Governor, requiring the respon-
dent to cease and desist from the unlawful practice and to take such
remedial action as in the judgment of the special master will carry out
the purposes of this article.
(c) Remedial action under this Code section may include but is
not limited to:
(1) Hiring, reinstatement, or upgrading of employees with
or without back pay. No award of back pay shall be ordered
pursuant to this article with respect to any period more than two
years prior to the date of the filing with the administrator of the
complaint with respect to which such award of back pay is
ordered. Interim earnings, unemployment benefits, workers com-
pensation benefits, or amounts earnable with reasonable diligence
by the person or persons discriminated against shall operate to
reduce the back pay otherwise allowable;
(2) Admission or restoration of individuals to participation
in a guidance program, apprenticeship training program, on-the-
job training program, or other occupational training or retraining
program and the utilization of objective criteria in the admission
of individuals to such programs;
(3) The extension to all individuals of the full and equal
enjoyment of the advantages, facilities, privileges, and services of
the respondent;
(4) Reporting as to the manner of compliance;
(5) Posting notices in conspicuous places in the respon-
dents place of operation in the form prescribed by the administra-
tor or special master;
(6) Restoration of employment benefits not otherwise speci-
fied in this Code section; or
(7) Recommending to the Governor that the respondent be
required to adopt and file with the administrator, within a speci-
GEORGIA LAWS 1983 SESSION
1111
fied time limitation, for the administrators approval a plan to fill
vacancies or hire new employees in a manner to eliminate or
reduce imbalance in employment with respect to race, color,
handicap, religion, sex, national origin, or age.
(d) Any monetary award ordered pursuant to this article shall be
for actual damages only.
(e) The respondent shall comply without delay with the terms
and conditions of such a final order.
45-19-39. (a) Any party to a hearing before a special master or
a complainant whose complaint has been dismissed by the adminis-
trator may appeal any adverse final order of a special master by filing
a petition for review in the superior court in the county in which the
alleged unlawful practice occurred or in the superior court of the
residence of the respondent within 30 days of the issuance of the final
order. Neither the administrator nor the special master shall be a
named party; however, the administrator must be served with a copy
of the petition for review. Within 30 days after the petition is served
on the administrator, the administrator shall forward to the court a
certified copy of the record of the hearing before the special master,
including the transcript of the hearing before the special master and
all evidence, administrative pleadings, and orders, or the entire
record if no hearing has been held. For good cause shown, the court
may require or permit subsequent corrections or additions to the
record. All appeals for judicial review shall be in accordance with
Chapter 13 of Title 50, the Georgia Administrative Procedure Act;
provided, however, that if any provisions of Chapter 13 of Title 50
conflict with any provision of this article, this article controls. An
individual employed by the administrator pursuant to paragraph (3)
of Code Section 45-19-27 shall not have the authority to represent the
complainant in any appeal to superior court of a final order of the
special master or in any proceeding in any court, except to secure
judicial enforcement of preliminary procedural orders of a special
master.
(b) The court shall not substitute its judgment for that of the
special master as to the weight of the evidence on questions of fact.
The court may affirm a final order of the special master or remand the
case for further proceedings. The court may reverse or modify the
final order if substantial rights of the appellant have been prejudiced
because the administrative findings, inferences, conclusions, or deci-
sions are:
1112
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall
mean that the record does not contain such relevant evidence as a
reasonable mind might accept as adequate to support said find-
ings, inferences, conclusions, or decisions; or
(6) Arbitrary, capricious, or characterized by abuse of dis-
cretion or clearly unwarranted exercise of discretion.
(c) If, upon judicial review of any order of a special master or in a
proceeding in which a complainant seeks enforcement of a concilia-
tion agreement, the court rules in favor of the complainant, then the
court may in its discretion render an award of reasonable attorneys
fees and costs of litigation in the superior court to the complainant.
45-19-40. Any person affected by a final order of the administra-
tor or a special master may file in the superior court of the county of
the residence of the respondent a certified copy of a final order of the
administrator or of a special master unappealed from or of a final
order of a special master affirmed upon appeal, whereupon said court
shall render judgment in accordance therewith and notify the parties.
Such judgment shall have the same effect and all proceedings in
relation thereto shall thereafter be the same as though the judgment
had been rendered in an action duly heard and determined by the
court.
45-19-41. The administrator shall have exclusive jurisdiction
over any claim of any unlawful practice under this article. A final
determination of a claim alleging an unlawful practice under this
article shall exclude any other action or proceeding brought by the
same person based on the same complaint, except for any remedies
which may be available under the United States Constitution and
federal laws.
45-19-42. It shall not be a defense to a violation of this article by
any person subject to this article that the violation was requested,
sought, or otherwise procured by a person not subject to this article.
GEORGIA LAWS 1983 SESSION
1113
45-19-43. (a) In connection with an investigation of a com-
plaint of an unlawful practice filed under this article, the administra-
tor or the administrators designee shall have access at any reasonable
time to premises, records, and documents relevant to the complaint
and shall have the right to examine, photograph, and copy evidence.
(b) Any person subject to this article shall:
(1) Make and keep such records as may be prescribed by
rules and regulations of the administrator which are necessary and
relevant to the determination of whether an unlawful practice has
been or is being committed; and
(2) Make such reports therefrom as the administrator shall
prescribe by rules and regulations which are reasonable, neces-
sary, or appropriate for the enforcement of this article or orders or
regulations under this article.
(c) If a person fails to permit access, examination, photograph-
ing, or copying or fails to make or keep records or reports as required
by this Code section, the administrator may issue an order requiring
compliance. Upon a failure to comply with the order of the adminis-
trator, the administrator may apply to the superior court for an order
directing compliance.
(d) The administrator, by regulation, shall require each person
subject to this article who controls an apprenticeship or other training
program to keep all records reasonably necessary to carry out the
purposes of this article, including, but not limited to, a list of
applicants who wish to participate in such program, including the
chronological order in which such applications were received. Such
records shall be furnished to the administrator upon the administra-
tors request. The administrator may also request and receive a
detailed description of the manner in which persons are selected to
participate in the apprenticeship or other training program.
(e) Records and reports required by the administrator under
this Code section shall conform as closely as practicable to similar
records and reports required by federal law and to customary record-
keeping practices.
(f) An employer or other person who believes that the applica-
tion to them of an order issued under this article would result in
1114
GENERAL ACTS AND RESOLUTIONS, VOL. I
undue hardship may apply to the administrator for relief from the
application of the order. If the administrator finds that the applica-
tion of the regulation or order to the employer or person in question
would impose an undue hardship, the administrator may grant appro-
priate relief.
(g) With respect to a particular employer or person, it is unlaw-
ful without the employers or the persons consent for the administra-
tor or an employee of the administrator to make public information
obtained by the administrator or the administrators employees
pursuant to the administrators authority under this Code section,
except such information as shall reasonably be necessary to the
conduct of a proceeding under this article.
45-19-44. (a) It shall be an unlawful practice for a person
willfully to:
(1) Make public with respect to a particular employer or
person without the employers or persons consent information
obtained by the administrator or the administrators employees
pursuant to its authority under Code Section 45-19-41, except as
shall reasonably be necessary to carry out the provisions of this
article;
(2) Retaliate or discriminate in any manner against a person
because the person has opposed a practice declared unlawful by
this article or because the person has made a charge, filed a
complaint, testified, assisted, or participated in any manner in any
investigation, proceeding, or hearing concerning an unlawful prac-
tice under this article;
(3) Aid, abet, incite, compel, or coerce a person to engage in
any of the acts or practices declared unlawful by this article;
(4) Obstruct or prevent a person from complying with this
article or with any order issued under this article;
(5) Resist, prevent, impede, or interfere with the adminis-
trator or any of its representatives, employees, or with a special
master in the lawful performance of duty under this article;
provided, however, that it shall not be a violation of this article for
anyone to challenge or resist any action by the administrator or
any of its employees or by a special master when there is a good
GEORGIA LAWS 1983 SESSION
1115
faith belief that the administrator is, or its employees are, or the
special master is acting unlawfully or acting in excess of statutory
authority; or
(6) Initiate frivolous and unwarranted charges of discrimi-
nation against a public employer.
(b) A violation of this Code section shall not be deemed a crime;
but any person who willfully violates this Code section may be
punished by a civil fine not to exceed $1,000.00.
45-19-45. It shall be an unlawful practice for a person or for two
or more persons to conspire:
(1) To retaliate or discriminate in any manner against a
person because the person has opposed a practice declared unlaw-
ful by this article or because the person has made a charge, filed a
complaint, testified, assisted, or participated in any manner in any
investigation, proceeding, or hearing concerning an unlawful prac-
tice under this article;
(2) To aid, abet, incite, compel, or coerce a person to engage
in any of the acts or practices declared unlawful by this article;
(3) To obstruct or prevent a person from complying with
this article or any order issued under this article;
(4) To resist, prevent, impede, or interfere with the admin-
istrator or any of its employees or a special master in the lawful
performance of duty under this article; provided, however, that it
shall not be a violation of this article for anyone to challenge or
resist any action by the administrator or any of its employees or a
special master when there is a good faith belief that the adminis-
trator or its employees or a special master is acting unlawfully or
acting in excess of their statutory authority; or
(5) To willfully initiate frivolous and unwarranted charges
of discrimination against a public employer.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
1116
GENERAL ACTS AND RESOLUTIONS, VOL. I
SALES OF FARM PRODUCED WINES AUTHORIZED.
Code Title 3, Chapter 6 Amended.
No. 453 (House Bill No. 171).
AN ACT
To amend Chapter 6 of Title 3 of the Official Code of Georgia
Annotated, relating to wine, so as to provide for licensing and
regulation of farm wineries and sales by farm wineries; to exempt
from taxation certain wine sold outside the state; 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. Chapter 6 of Title 3 of the Official Code of Georgia
Annotated, relating to wine, is amended by striking Code Section 3-6-
21.1 and inserting in its place a new Code section to read as follows:
3-6-21.1. (a) As used in this Code section, the term:
(1) Farm winery means a domestic winery located on
premises, a substantial portion of which is used for agricultural
purposes, including the cultivation of grapes, berries, or fruits to
be utilized in the manufacture or production of wine by the
winery.
(2) Tasting room means an outlet for the promotion of a
farm winerys wine by providing complimentary samples of such
wine to the public and for the sale of such wine at retail.
(b) The commissioner may authorize any licensee which is a
farm winery to sell its wine at retail in a tasting room or other facility
on the premises of the winery for consumption on the premises and in
closed packages for consumption off the premises and to sell its wine
at retail in tasting rooms at five additional locations in the state but
only if the annual production of wine by the farm winery is made in
Georgia from at least 40 percent of Georgia grown agricultural
products or was manufactured during calendar year 1981, 1982, or
1983 outside Georgia from 100 percent Georgia grown fruits, berries,
or grapes.
GEORGIA LAWS 1983 SESSION
1117
(c) (1) Except as provided in paragraph (2) of this subsection,
the commissioner may authorize any licensee which is a farm
winery to sell its wine at wholesale within the state but only if the
annual production of wine by the farm winery is made in Georgia
from at least 40 percent of Georgia grown agricultural products or
was manufactured during calendar year 1981, 1982, or 1983 out-
side Georgia from 100 percent Georgia grown fruits, berries, or
grapes and only if the annual production of wine by the farm
winery in Georgia does not exceed 24,000 gallons per annum.
(2) The commissioner shall not authorize any licensed farm
winery to sell its wine at wholesale as provided in paragraph (1) of
this subsection, unless such licensed farm winery shall have first
offered its products for sale at a fair market wholesale price to a
licensed Georgia wholesaler. If such wholesaler does not accept the
farm winerys product within 30 days of such offer, the provisions
of paragraph (1) of this subsection shall apply.
(d) A farm winery licensee shall also be authorized to sell,
deliver, or ship its wine in bulk, in accordance with regulations of the
commissioner, to other farm winery licensees inside the state and
shall be authorized to acquire and receive deliveries and shipments of
wine made by farm winery licensees inside the state.
(e) The annual license tax for each license issued pursuant to
this Code section shall be $50.00.
(f) The surety bond required as a condition upon issuance of a
license pursuant to this Code section shall be the same as that
required pursuant to Code Section 3-6-21 with respect to wineries.
(g) Wines sold at retail by a manufacturer as provided in subsec-
tion (b) of this Code section shall have levied thereon an excise tax as
prescribed by Code Section 3-6-50, and such tax shall be reported and
remitted to the commissioner as provided in Code Section 3-2-6.
Section 2. Said chapter is further amended by striking Code
Section 3-6-70 and inserting in its place a new Code section to read as
follows:
3-6-70. The taxes imposed by this article shall not be levied
with respect to:
1118
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Wine sold to and used by established and recognized
churches and synagogues for use in sacramental services only;
(2) Any sale of wine which is exempt from taxation by the
state under the Constitution of the United States; or
(3) Wine sold to persons outside this state for resale or
consumption outside this state.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
AIRPORT AUTHORITIES CREATED FOR CERTAIN
COUNTIES 25,400 - 25,900.
No. 464 (House Bill No. 705).
AN ACT
To create and establish an airport authority 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 and to provide for the powers of the authority; 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 provide that no debt of
such counties shall be incurred in the exercise of any powers granted
by this Act; to provide for termination of the authority; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1119
Be it enacted by the General Assembly of Georgia:
Section 1. There is created a body corporate and politic to be
known as the airport authority 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
which shall be deemed to be a political subdivision of the State of
Georgia and a public corporation; and 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 shall in no event be liable for any torts committed by any of
its officers, agents, and employees. The authority may select any
appropriate name for itself and thereafter shall be known by such
name and style. The authority shall consist of five members, two of
whom shall be appointed by the governing authorities of such coun-
ties and three of whom shall be elected and appointed by the
governing authorities of the county seat in such counties. The terms
of all members shall expire December 31,1984. Upon the approval of
this Act, the members above provided shall be appointed. Upon the
approval of this Act and at the first meeting of the authority, the
authority shall elect one of its members as its chairman and another
member as vice-chairman, both of whom shall be elected for a term
ending on December 31, 1984. The authority shall also elect a
secretary and treasurer who shall be elected in the same manner and
for the same term as the chairman and vice-chairman. One person
may hold the office of secretary and treasurer, but no member of the
authority shall hold any other two offices. The majority of the
authority eligible to vote shall constitute a quorum and a majority of
the quorum is empowered to exercise all the rights and perform all of
the duties of the authority, except that it shall be necessary for three
members of the authority to concur before any of the real property
owned by the authority shall be sold or disposed of. In the event of a
vacancy on the authority by 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 by the governing body which
appointed such member. The members of the authority shall serve
without compensation, except that they shall be reimbursed for
actual expenses incurred in the performance of their duties. The
authority shall make rules and regulations for its own government. It
shall have perpetual existence.
Section 2. As used in this Act, the term:
1120
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Authority means an airport authority 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.
(2) Cost of the project embraces the cost of construction,
the cost of all lands, properties, rights, easements, and franchises
acquired, the cost of all machinery, equipment, financing charges,
interest prior to and during construction, cost of engineering,
architectural, fiscal, and legal expenses, plans and specifications,
and such other expenses as may be necessary or incident to the
financing authorized in this Act, the construction of any project
and improvements on the same, the placing of the same in
operation, and the condemnation of property necessary for such
construction and operation. Any obligation or expense incurred
for any of the foregoing purposes shall be regarded as a part of the
cost of the project and may be paid or reimbursed as such out of
any funds of the authority.
(3) Project means and includes the acquisition, construc-
tion, equipping, maintenance, improving, and operation of air-
ports and landing fields for the use of aircraft and related build-
ings and the usual and convenient facilities pertaining to such
undertakings and extensions and improvements of such facilities,
acquiring the necessary property, 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 airports and landing
fields for the use of aircraft deemed by the authority to be
necessary, convenient, or desirable.
Section 3. The authority shall have powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of real and personal property of every kind and
character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms
and conditions and in such manner as it may deem proper, or by
the exercise of the power and right of eminent domain, which is
hereby granted, by condemnation in accordance with the provi-
GEORGIA LAWS 1983 SESSION
1121
sions of any and all existing 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 contract with respect to the
use of or disposition of the same in any manner it deems to the
best advantage of the authority, the authority being under no
obligation to accept and pay for any property condemned under
this Act except from the funds provided under the authority of
this Act; and, in any proceeding to condemn, such orders may be
made by the court having jurisdiction of the suit, action, or
proceedings as 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. 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;
(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 or projects or leases of projects or contracts with respect to
the use of projects which it causes to be erected or acquired; 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 may deem advisable. The authority is further
granted the authority to make contracts and leases and to execute
all instruments necessary or convenient with the United States
government or any agency or department thereof concerning the
projects of the authority;
(6) To construct, erect, acquire, own, repair, remodel, main-
tain, add to, extend, improve, equip, operate, and manage projects
as defined in paragraph (3) of Section 2, 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 instrumentality thereof;
1122
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 or political subdivision 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;
(9) To exercise any power usually possessed by private
corporations performing similar functions which is not in conflict
with the Constitution and laws of this state; and
(10) To do all things necessary or convenient to carry out the
powers especially given in this Act.
Section 4. The authority created by this Act shall be the
successor to any airport authority created by an Act approved April 5,
1961 (Ga. L. 1961, p. 2819), and abolished pursuant to paragraph
(542) of Section 2 of an Act approved February 27,1981 (Ga. L. 1981,
p. 3). This authority shall be vested with the title and interest to all
personal and real property owned by the former authority.
Section 5. Notwithstanding any other provisions of this Act, the
authority shall dispose of all real and personal property of every kind
and character owned by it prior to December 31, 1984. All such
property, or the proceeds therefrom, shall be divided between the
county and the municipality which comprises the county seat. Such
division of property shall be made in an equitable manner as deter-
mined by the authority.
Section 6. This Act shall stand repealed and the authority
created hereunder shall be abolished on December 31,1984.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1983 SESSION
1123
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
STATE REPRESENTATIVE DISTRICTS
COMPOSITION OF CERTAIN DISTRICTS CHANGED.
Code Section 28-2-1 Amended.
No. 478 (House Bill No. 638).
AN ACT
To amend Code Section 28-2-1, relating to apportionment of the
House of Representatives and qualifications of its members, so as to
change the composition of certain state representative districts; to
provide for all related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 28-2-1, relating to apportionment of the
House of Representatives and qualifications of its members, is
amended by striking from subsection (a) the description of Represen-
tative Districts No. 1 through 3,5,13 through 16, 20,21,44,45,71,75
through 77, 91, 114, 115,131, 136, 151, and 152 and inserting in lieu
thereof the following new descriptions of said districts:
District No. 1-2 Representatives
Dade
Tract 401
Blocks 101 through 104 and 401
That part of Block 402 which lies
east of Lookout Mountain Ridge
1124
GENERAL ACTS AND RESOLUTIONS, VOL. I
Block 412
Block Groups 7 and 8
Walker
Tracts 201 through 205, 206.01, 206.02,
and 207
Tract 208
Block Groups 1 and 2
Blocks 301 through 309
Block Group 4
Tracts 209.01 and 209.02
District No. 2 - 1 Representative
Catoosa
Tract 301
Blocks 308, 315, 316, and 318
Tract 302
Tract 303
That part of Block 101 which lies north
of the Georgia Power Company line
Blocks 401 through 414 and 417
Block Group 5
Tract 304
Block Groups 1 through 3
Blocks 401 through 419
Tracts 305 and 306
Tract 307
Block Groups 1 through 3
Blocks 401 through 417
District No. 3 - 1 Representative
Catoosa
Tract 301
Block Groups 1 and 2
Blocks 301 through 307, 309 through
314, 317, and 319 through 321
Block Group 9
Tract 303
That part of Block 101 which lies
south of the Georgia Power
Company line
Blocks 102 through 114, 415,
416, and 418 through 424
GEORGIA LAWS 1983 SESSION
1125
Tract 304
Blocks 420 through 431
Block Group 5
Tract 307
Blocks 418 through 420
Murray
Whitfield
Tract 9901
Blocks 101 through 126
Block Groups 2 and 3
Blocks 401 through 408 and 412 through 429
District No. 5-1 Representative
Chattooga
Dade
Tract 401
Blocks 105, 106, and 197 through 199
Block Groups 2 and 3
That part of Block 402 which lies west
of Lookout Mountain Ridge
Blocks 403, 404, 406 through 411,
413 through 421, 423, and 424
Block Groups 5 and 6
Tract 402
Walker
Tract 208
Blocks 310 through 317
District No. 13-2 Representatives
Clarke
Tract 13.02
Block Group 1
Tract 14.01
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
1126
GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 101 through 114 and 126 through 134
Franklin
Hart
Madison
Tract 9901
Tract 9902
Blocks 103 through 105, 179 through
185, and 187
Blocks 201 through 220 and 223
through 228
Block Groups 3 and 4
Tract 9903
District No. 14-1 Representative
Elbert
Madison
Tract 9902
Blocks 101, 102, 106 through 174,
177, 186, and 188 through 195
Blocks 221, 222, 229 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
Those parts of Blocks 101 and 102 outside
the City of Rome
Blocks 103 through 105
That part of Block 106 outside
the City of Rome
GEORGIA LAWS 1983 SESSION
1127
Blocks 107 and 108
That part of Block 109 outside the
City of Rome
Blocks 110 through 112
That part of Block 113 outside the
City of Rome
Block 114
That part of Block 115 outside
the City of Rome
Block Groups 2 and 3
Tract 4
Blocks 101 through 103
That part of Block 104 outside
the City of Rome
Block 105
That part of Block 106 outside
the City of Rome
Blocks 107 through 134
That part of Block 135 outside the
City of Rome
Blocks 136 through 141
Those parts of Blocks 144 through 146
outside the City of Rome
Blocks 147 through 149
Tract 6
That part of Block 101 outside
the City of Rome
Blocks 104 through 132
Those parts of Blocks 134 and 135
outside the City of Rome
Block 137
That part of Block 138 outside
the City of Rome
Block 141
That part of Block 204 outside
the City of Rome
Tract 7
Tract 8
Blocks 101 through 103
That part of Block 111 outside
the City of Rome
Blocks 112, 118, and 121 through 139
Those parts of Blocks 140 and 148
outside the City of Rome
1128
GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 151 through 153 and 155
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
Block 222
Those parts of Blocks 223 and 224
outside the City of Rome
Blocks 227 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
Those parts of Blocks 201 and 202
outside the City of Rome
Blocks 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 243
Tract 14
Tract 15
That part of Block 149
outside the City of Rome
GEORGIA LAWS 1983 SESSION
1129
Tract 16
Blocks 213 and 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
Tract 17
Blocks 101 through 121
That part of Block 122 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, 113, 116 through
121, and 124
Those parts of Blocks 125 and 126
outside the City of Rome
Blocks 127 through 150 and 155
Those parts of Blocks 201 and 202
outside the City of Rome
Blocks 203 through 251
Tract 19
That part of Block 102 outside
the City of Rome
Blocks 104 through 111 and 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
1130
GENERAL ACTS AND RESOLUTIONS, VOL. I
District No. 16 - 1 Representative
Floyd
Tract 3
Those parts of Blocks 101, 102, 106
109, 113, and 115 within
the City of Rome
Tract 4
Those parts of Blocks 104, 106, and 135
within the City of Rome
Blocks 142 and 143
Those parts of Blocks 144 through 146
within the City of Rome
Blocks 150 through 152
Tract 5
Tract 6
That part of Block 101
within the City of Rome
Blocks 102, 103, and 133
Those parts of Blocks 134 and 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 251
Block Groups 3 and 4
Tract 8
Blocks 104 through 110
That part of Block 111
within the City of Rome
Blocks 113 through 117, 119, and 120
That part of Block 140 within
the City of Rome
Blocks 141 through 147
That part of Block 148 within
the City of Rome
Blocks 149, 150, 154, 156, 157,
and 201 through 210
That part of Block 211 within
the City of Rome
GEORGIA LAWS 1983 SESSION
1131
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
Blocks 225 and 226
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
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
Tract 15
Blocks 101 through 148
That part of Block 149 within
the City of Rome
Blocks 150 and 151
Tract 16
Block Group 1
1132
GENERAL ACTS AND RESOLUTIONS, VOL. I
Blocks 201 through 212
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, 301 through 303,
305 through 327, and 333
Tract 17
That part of Block 122
within the City of Rome
Blocks 123 and 124
Those parts of Blocks 128 and
131 within the City of Rome
Tract 18
Block 101
That part of Block 102
within the City of Rome
Blocks 109 through 112, 114, 115,
122, and 123
Those parts of Blocks 125 and 126
within the City of Rome
Block 154
Those parts of Blocks 201 and 202
within the City of Rome
Tract 19
Block 101
That part of Block 102
within the City of Rome
Block 112
That part of Block 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
Block Group 3
Tract 304.03
Blocks 419 through 421, 423, 424, and 427
GEORGIA LAWS 1983 SESSION
1133
Block Groups 6 and 7
Tract 305
Blocks 512 and 515 through 522
Block Group 6
Blocks 724 through 729
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
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
1134
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, 2, 4 through 6, and 9
Tracts 304.01 and 304.02
Tract 304.03
Block Group 3
Blocks 401 through 405, 408 through
415, 418, 425, 426, and 428 through 430
Block Groups 5 and 9
Tract 305
Block Groups 1 through 4
Blocks 502, 504 through 511, 523 through
526, 702, 705 through 712, 714, 716
through 723, 798, and 799
Block Group 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
GEORGIA LAWS 1983 SESSION
1135
Tract 313.01
Blocks 234 and 235
Block Groups 4 and 9
District No. 44 - 1 Representative
DeKalb
Tract 212.05
Tract 212.06
Block Group 1
Blocks 202 through 207, 215 through 221,
and 228
Block Groups 3 and 4
Tract 212.07
Block Groups 1 and 2
Blocks 315 and 320
Tract 213.03
Blocks 101 through 108 and 221 through 223
Tract 213.04
That part of Block 113 outside the
City of Doraville
Blocks 114 through 117, 203, and 204
That part of Block 301 outside the
City of Doraville
Blocks 302 through 307
District No. 45 - 1 Representative
DeKalb
Tracts 211, 212.02, and 212.03
Tract 212.06
Blocks 208 through 213 and 222 through 227
Tract 212.07
Blocks 303, 304, 306 through 309,
311, 314, and 316 through 319
Tract 213.01
Tract 213.03
Blocks 109 through 113, 201, 204, 205,
209, 210, 212, and 216 through 220.
Tract 213.04
Blocks 106 through 111
That part of Block 113 within the
City of Doraville
Blocks 118 through 122, 205 through 215,
1136
GENERAL ACTS AND RESOLUTIONS, VOL. I
217 through 221, 225, 227 through 230,
232, and 233
That part of Block 301 within the
City of Doraville
District No. 71-1 Representative
Carroll
Tract 9906
Block Group 1
Tract 9907
Block Group 3
Blocks 404 through 450, 453, 454,
and 514 through 517
Coweta
Tract 9902
Blocks 105 through 110 and 116
Block Groups 2 through 4
Tracts 9903 and 9904
Tract 9905
Block Groups 1 and 2
Blocks 301 through 318
Blocks 401 through 413 and 416
through 420
Tract 9906
Block Groups 2 through 4
Blocks 501 through 518
District No. 75-1 Representative
Coweta
Tract 9901
Block Groups 1 through 3
Blocks 401 through 424 and
426 through 430
Block Groups 5 through 7
Tract 9902
Blocks 101 through 104 and 111
through 115
Tract 9906
Blocks 101 through 128
Tract 9907
Blocks 101 through 104, 112 through
116, and 134
GEORGIA LAWS 1983 SESSION
1137
Pike
Tract 9901
Blocks 101 through 127
Those parts of Blocks 128 and 129
outside the City of Zebulon
Blocks 130 through 144 and
201 through 207
Those parts of Blocks 208, 214, and
215 outside the City of Zebulon
Blocks 216 through 223 and 251
through 253
Block Group 3
Spalding
Tract 9901
Blocks 105 through 117 and 127
Tract 9902
Tract 9903
Blocks 102 through 115
That part of Block 116 outside
the City of Griffin
Blocks 117, 118, and 124 through 126
That part of Block 127 outside the
City of Griffin
Blocks 128 through 130
Those parts of Blocks 131, 132, 138,
and 139 outside the City of Griffin
Blocks 140 through 144, 146, and 147
Block Group 5
Tract 9904
Block Group 1
Tract 9905
Blocks 511 through 514
That part of Block 531 outside
the City of Griffin
Block 535
Those parts of Blocks 536 and
538 outside the City of Griffin
Blocks 539 through 546
Tract 9906
That part of Block 121 outside
the City of Griffin
Block 131
That part of Block 322 outside
the City of Griffin
1138
GENERAL ACTS AND RESOLUTIONS, VOL. I
Block 324
Those parts of Blocks 326 through
329 outside the City of Griffin
Block Group 4
Tract 9907
Block 227
District No. 76 - 1 Representative
Spalding
Tract 9901
Blocks 101 through 104, 118
through 126, and 128 through 145
Block Group 2
Tract 9903
That part of Block 116 within
the City of Griffin
Blocks 120, 122, and 123
Those parts of Blocks 127 and 131
within the City of Griffin
Blocks 132 and 133 through 137
Those parts of Blocks 138 and 139
within the City of Griffin
Block 145
Tract 9904
Block Groups 2 and 3
Tract 9905
Block Groups 1 through 4
Blocks 501 through 510
and 515 through 530
That part of Block 531 within the
City of Griffin
Blocks 532 through 534
That part of Block 536 within the
City of Griffin
Block 537
That part of Block 538 within the
City of Griffin
Tract 9906
Blocks 101 through 120
That part of Block 121 within the
City of Griffin
Block Group 2
Blocks 301 through 321
GEORGIA LAWS 1983 SESSION
1139
That part of Block 322 within the
City of Griffin
Blocks 323 and 325
Those parts of Blocks 326 through 329
within the City of Griffin
Tract 9907
Block Group 1
Blocks 201 through 226 and 238
through 242
Tract 9908
District No. 77-1 Representative
Coweta
Tract 9905
Blocks 319 through 321
Blocks 414, 415, and 421
through 425
Tract 9907
Block Groups 2 and 3
Block 428
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
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
1140
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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. 91 - 1 Representative
Coweta
Tract 9901
Block 425
GEORGIA LAWS 1983 SESSION
1141
Tract 9907
Blocks 105 through 111, 117 through 133,
and 135 through 153
Blocks 401 through 427 and
429 through 431
Meriwether
Talbot
District No. 114-1 Representative
Houston
Tract 205
Blocks 218 through 230, 234 through 237,
and 901
That part of Tract 206 bounded as
follows: begin at the southwesterly
corner of Robins Base which lies
at the intersection of State Highway
247 and Laundry Drive; proceed
thence in an easterly direction
along the southern boundary of
Robins Base to the southeasterly
corner of Robins Base; proceed
thence in a northerly direction
along the eastern boundary of
Robins Base to its point of
intersection with 7th Street;
proceed thence in a westerly
direction along 7th Street to its
point of intersection with Page
Road; proceed thence in a northerly
direction along Page Road to its
point of intersection with Oak
Street; proceed thence in a
westerly direction along Oak Street
to its termination and thence due
west to a point of intersection
with the western boundary of Robins
Base; proceed thence in a southerly
direction along the western boundary
of Robins Base to the point of
beginning; said boundary being
as shown on the census maps for the
United States decennial census of
1142
GENERAL ACTS AND RESOLUTIONS, VOL. I
1980 for the State of Georgia
Tracts 207 and 208
Tract 209
Blocks 201 through 224, 302 through 316,
and 407 through 430
Tracts 210 and 211.01
Tract 211.02
Blocks 102 through 111 and 114
through 118
Blocks 201 through 207
District No. 115 - 1 Representative
Houston
Tract 211.02
Blocks 101, 112, 113, 119, and 120
Block Group 3
Tracts 211.03, 212 through 214, 215.01,
and 215.02
Macon
Tract 9901
Blocks 112 through 115
That part of Block 130 outside the City
of Marshallville
Blocks 131 through 142
Those parts of Blocks 143, 159, and 162
through 164 outside the City of
Marshallville
Blocks 165 and 169 through 191
Block Groups 4 and 5
Tract 9902
District No. 131 r 1 Representative
Calhoun
Clay
Lee
Tract 201
Blocks 201 through 236, 238, and 241
Tract 202
Tract 203
Blocks 119 through 135
Block Groups 2 and 3
Blocks 401 through 448
GEORGIA LAWS 1983 SESSION
1143
That part of Block 449 within the
City of Leesburg
That part of Block 503 within the
City of Leesburg
Blocks 504 through 522
Terrell
District No. 136 - 1 Representative
Lee
Tract 201
Block Group 1
Blocks 237, 239, 240, and 242 through 247
Tract 203
Blocks 101 through 118
That part of Block 449 outside the City
of Leesburg
Blocks 450, 501, and 502
That part of Block 503 outside the
City of Leesburg
Turner
Tract 9901
Blocks 201 through 274 and 276 through 298
Blocks 322 through 325, 345, 356, and 357
Tract 9902
Worth
District No. 151 - 1 Representative
Camden
That part of Tract 9901 within the
City of St. Marys
Tract 9902
Blocks 103 through 118
That part of Block 125 within the
City of Kingsland
Blocks 126 and 127
Those parts of Blocks 128 and 129
within the City of Kingsland
Blocks 130 through 143 and 145
That part of Block 146 within
the City of Kingsland
Blocks 147 through 199, 201, 202,
204 through 210, and 214 through 288
1144
GENERAL ACTS AND RESOLUTIONS, VOL. I
Charlton
Tract 9901
Blocks 101 through 114, 116 through
122, 146, 201, 202, and 204
Ware
Those parts of Tracts 9901 through 9903
within the City of Waycross
Tracts 9904 and 9905
District No. 152 - 1 Representative
Bacon
Brantley
Tract 9901
Blocks 143 through 145, 151, 153
through 156, and 219 through 223
Those parts of Blocks 225 through
227 outside the City of Nahunta
Blocks 228 through 251
Tract 9902
Blocks 149 and 150
That part of Block 151 outside
the City of Nahunta
Blocks 152 through 165
Block Groups 2 and 3
Camden
That part of Tract 9901 outside
the City of St. Marys
Tract 9902
Blocks 101, 102, and 119 through 124
Those parts of Blocks 125, 128, and
129 outside the City of Kingsland
Block 144
That part of Block 146 outside
the City of Kingsland
Blocks 211 through 213
Tract 9902.99
Pierce
Section 2. Said Code section is further amended by striking
paragraph (2) of subsection (e) which reads as follows:
GEORGIA LAWS 1983 SESSION
1145
(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.,
and inserting in its place a new paragraph to read as follows:
(2) (A) Except as provided in subparagraphs (B) and (C) of
this paragraph, 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. 126
or District No. 129 to the City of Richmond Hill;
(ii) Any reference in the description of District No. 132
or District No. 134 to the City of Albany.
(C) Any reference in the description of District No. 15 or
District No. 16 to the City of Rome shall mean the actual geo-
graphical boundaries of the City of Rome as they existed on
February 11,1983.
1146
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval and shall
apply to all elections for members of the House of Representatives
held on or after its effective date.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
INTEREST AND USURY PERMISSIBLE
RATES, ETC.
Code Title 7, Chapter 4 Amended.
No. 489 (House Bill No. 128).
AN ACT
To amend Chapter 4 of Title 7 of the Official Code of Georgia
Annotated, relating to interest and usury, so as to provide for higher
rates of interest under certain conditions; to provide the method of
expressing interest; to provide for exceptions; to provide for a maxi-
mum rate of interest on certain loans; to provide that certain items
shall not be considered interest or taken into consideration in the
calculation of interest or subject to rebate; to specify the method of
rebating unearned interest; to define interest; to provide for excep-
tions; to provide that any retail installment contract pertaining to a
manufactured home or any consumer loan secured by such a home
shall contain certain consumer credit contract provisions; to provide
for a penalty for violations; to preserve certain benefits; to define
certain terms; to prohibit certain advertising; to provide that there
shall be no liability for advertising violations under certain condi-
tions; to provide for an exception; to provide for penalties; to prohibit
class actions; to authorize the Department of Banking and Finance to
bring civil actions; to authorize the industrial loan commissioner to
GEORGIA LAWS 1983 SESSION
1147
bring civil actions under certain conditions; to override the federal
preemptions pertaining to loans, mortgages, credit sales, advances,
and certain business and agricultural loans; to repeal specific laws
relating to interest rates on certain types of loans; to repeal a Code
section relating to refunds on loans on which the interest is calculated
under the add-on interest method and paid off prior to maturity; to
repeal a comprehensive law relating to the interest rate and finance
charges which may be imposed and collected on loans secured by
secondary security deeds on residential real property; 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 4 of Title 7 of the Official Code of Georgia
Annotated, relating to interest and usury, is amended by striking
Code Section 7-4-2, relating to the legal rate of interest and the
maximum rate of interest generally, in its entirety and substituting in
lieu thereof a new Code Section 7-4-2 to read as follows:
7-4-2. (a) (1) The legal rate of interest shall be 7 percent per
annum simple interest where the rate percent is not established by
a written contract. Notwithstanding the provisions of other laws
to the contrary, except Code Section 7-4-18, the parties may
establish any rate of interest, expressed in simple interest terms as
of the date of the evidence of the indebtedness, and charges and
any manner of repayment, prepayment, or, subject to the provi-
sions of paragraph (1) of subsection (b) of this Code section,
acceleration, agreed upon in writing by the parties where the
principal amount involved is more than $3,000.00 or where the
lender or creditor has committed to lend, advance, or forbear with
respect to any loan, advance, or forbearance to enforce the collec-
tion of more than $3,000.00. Nothing contained in this subsection
shall be construed to prohibit the computation and collection of
interest at a variable rate or on a negative amortization basis or on
an equity participation basis or on an appreciation basis.
(2) Where the principal amount involved is $3,000.00 or
less, such rate shall not exceed 16 percent per annum simple
interest on any loan, advance, or forbearance to enforce the
collection of any sum of money unless the loan, advance, or
forbearance to enforce the collection of any sum of money is made
pursuant to another law.
1148
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) As used in this Code section, the term interest means a
charge for the use of money computed over the term of the
contract at the rate stated in the contract or precomputed at a
stated rate on the scheduled principal balance or computed in any
other way or any other form. Principal includes such charges to
which the parties may agree under paragraph (1) of subsection (a)
of this Code section. Amounts paid or contracted to be paid as
either an origination fee or discount points, or both, on any loan
secured by an interest in real estate shall not be considered
interest and shall not be taken into consideration in the calcula-
tion of interest and shall not be subject to rebate as provided in
paragraph (1) of subsection (b) of this Code section.
(b) (1) Upon acceleration of the maturity of any loan, advance
of money, or forbearance to enforce the collection of any sum of
money upon which interest has been precomputed, unearned
interest shall be rebated to the debtor in such amount as would
result in the rate of interest earned being no greater than the rate
of interest established by the original contract. In the case of a
loan in which the principal and the interest for the entire term of
the loan are included in the face amount of the loan and the loan is
to be paid back in weekly, monthly, quarterly, semiannual or
yearly installments, with the interest and principal portions of
each installment determined under the pro rata method, any such
rebate shall be determined on the pro rata method.
(2) Unless stipulated in the contract, there shall be no
prepayment penalty.
(c) Nothing contained in this Code section shall be construed to
amend or modify the provisions of the Georgia Industrial Loan Act,
the Retail Installment and Home Solicitation Sales Act, The
Lender Credit Card Act, the Insurance Premium Finance Company
Act, Part 5 of Article 3 of Chapter 12 of Title 44, relating to
pawnbrokers, and, except as provided in Code Section 7-4-3, the
Motor Vehicle Sales Finance Act.
Section 2. Said chapter is further amended by striking Code
Section 7-4-3, relating to the flexible maximum rate of interest on real
estate loans, in its entirety and substituting in lieu thereof a new Code
Section 7-4-3 to read as follows:
GEORGIA LAWS 1983 SESSION
1149
7-4-3. (a) Notwithstanding the provisions of subsections (a)
through (c) of Code Section 10-1-33, any retail installment contract
pertaining to:
(1) Any manufactured home with a cash sale price of more
than $3,000.00; or
(2) Any motor vehicle with a cash sale price of $25,000.00 or
more
may provide for such finance charge as the parties may agree in
writing.
(b) (1) Any retail installment contract pertaining to a manu-
factured home or any consumer loan secured by such a home shall
contain the contract provisions required by subsection (c) of
Section 501 of the Depository Institutions Deregulation and
Monetary Control Act of 1980, Public Law 96-221 (12 U.S.C.
1735f-7, notes).
(2) Any person violating this subsection shall be subject to
the liability specified in Code Section 7-4-5; but the contract or
loan shall still be entitled to the benefits of the other provisions of
Code Section 7-4-2.
(c) As used in this Code section, the term:
(1) Finance charge means the amount agreed upon
between the buyer and tbe seller to be added to the cash sale price
and, if a separate charge is made therefor, the amount, if any,
included for insurance and other benefits and official fees, in
determining the time sale price.
(2) 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 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
1150
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Standards Act of 1974,42 U.S.C. Section
5401, et seq.
(3) Retail installment contract or contract means an
instrument or instruments creating a purchase money security
interest or any instrument evidencing an obligation secured by a
purchase money security interest.
Section 3. Said chapter is further amended by striking Code
Section 7-4-4, relating to the maximum rate of interest on installment
loans and security for principal and interest, in its entirety and
substituting in lieu thereof a new Code Section 7-4-4 to read as
follows:
7-4-4. (a) No person shall advertise in or through any newspa-
per, radio, television, letter, circular, billhead or in any way or
through any medium any rate of interest or finance charge pertaining
to any consumer credit transactions other than a rate stated in simple
interest terms or a rate stated in terms which would comply with the
federal Truth in Lending Simplification and Reform Act, Public Law
96-221 (15 U.S.C. 57(a) and 1602 et seq.).
(b) There is no liability under this Code section on the part of
any owner or personnel of any medium in which an advertisement
appears or through which it is disseminated when the publisher,
owner, agent, or employee did not have knowledge of the false,
misleading, or deceptive character of the advertisement, did not
prepare the advertisement, or did not have a direct financial interest
in the sale or distribution of the advertised product or service.
(c) Nothing contained in this Code section shall be construed to
amend, modify, or repeal any of the provisions of Part 2 of Article 15
of Chapter 1 of Title 10, known as the Fair Business Practices Act of
1975.
Section 4. Said chapter is further amended by striking Code
Section 7-4-5, relating to the maximum interest rate on loans secured
by deposits or savings accounts and higher rates if federal require-
ments apply, in its entirety and substituting in lieu thereof a new
Code Section 7-4-5 to read as follows:
GEORGIA LAWS 1983 SESSION
1151
7-4-5. (a) Any person who fails to comply with subsection (b)
of Code Section 7-4-3 or Code Section 7-4-4 with respect to any
person is liable to such person in an amount equal to the sum of:
(1) Any actual damage sustained by such person as a result
of the failure; and
(2) Twice the amount of any interest or finance charge
contracted for in connection with the transaction, except that the
liability under this paragraph shall not be less than $100.00 nor
greater than $1,000.00.
(b) Such liability may be asserted in an individual action only
and may not be the subject of a class action; provided, however, this
provision shall not apply to any class action pending prior to March
31,1983.
Section 5. Said chapter is further amended by adding a new
subsection (c) at the end of Code Section 7-4-18, relating to criminal
penalty for excessive interest, to read as follows:
(c) Nothing contained in Code Section 7-4-2 or 7-4-3 shall be
construed to amend or modify the provisions of this Code section.
Section 6. Said chapter is further amended by adding a new
Code Section 7-4-19 at the end of Article 1 to read as follows:
7-4-19. The Department of Banking and Finance or the indus-
trial loan commissioner may bring an appropriate civil action to
enforce any provision of this chapter whether by injunction or other-
wise in any superior court of this state having jurisdiction over one or
more defendants. In the case of a loan made pursuant to this chapter
by a licensee under Chapter 3 of Title 7, relating to industrial loans,
such action shall be brought by the industrial loan commissioner. In
the case of any other loan, the action shall be brought by the
Department of Banking and Finance.
Section 7. Said chapter is further amended by adding a new
Code Section 7-4-20 at the end of Article 1 to read as follows:
7-4-20. In enacting Code Sections 7-4-2 through 7-4-5, the
General Assembly exercises its prerogative:
1152
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Under subsection (b)(2) of Section 501 of the Depository
Institutions Deregulation and Monetary Control Act of 1980,
Public Law 96-221 (12 U.S.C. 1735f-7, notes), and declares that
the provisions of subsection (a)(1) of Section 501 do not apply to
loans, mortgages, credit sales, and advances made in the State of
Georgia on and after March 31,1983; and
(2) Under Section 512 of that act, Public Law 96-221 (12
U.S.C. 86a, notes), and declares that the provisions which preempt
the law of this state in Section 511 of that act do not apply to
business and agricultural loans in amounts of $1,000.00 or more
made in the State of Georgia on and after March 31,1983.
Section 8. (a) Said chapter is further amended by repealing the
following Code sections:
(1) Code Section 7-4-3.1, relating to the maximum interest
rate on loans by insured financial corporations.
(2) Code Section 7-4-6, relating to the removal of the inter-
est rate payable by profit corporations or persons on nonconsumer
loans in excess of $3,000.00.
(3) Code Section 7-4-7, relating to the removal of the inter-
est rate on loans of $100,000.00 or more.
(4) Code Section 7-4-17.1, relating to refunds of interest on
loans on which interest is calculated under the add-on method if
the loan is paid off prior to maturity.
in their entirety and substituting in lieu thereof the following:
7-4-6. Reserved.
7-4-7. Reserved.
(b) Said chapter is further amended by repealing Article 2 of
Chapter 4 of Title 7, relating to the rate of interest and finance
charges which may be imposed on loans secured by secondary security
deeds on residential real property, in its entirety and substituting in
lieu thereof a new Article 2 to read as follows:
ARTICLE 2
Reserved.
GEORGIA LAWS 1983 SESSION
1153
Section 9. This Act shall become effective on March 31,1983.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
EMPLOYMENT SECURITY LAW AMENDED.
'Code Title 34, Chapter 8 Amended.
No. 490 (House Bill No. 170).
AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, the Employment Security Law, so as to change the date
on which alien laborers will be excluded in determining agricultural
employer liability; to provide for the exclusion from coverage of
students in a work-study program, regardless of age; to increase the
taxable wage base; to delete the reference to a bank account which is
no longer used; to add ten years to the availability of federal funds
pursuant to Section 903 of the Social Security Act; to provide for
denial of benefits between terms for nonprofessional employees in
institutions of higher education and to provide for retroactive unem-
ployment benefit payments under certain circumstances; to disregard
any fraction of a dollar in computing weekly unemployment 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 8 of Title 34 of the Official Code of Georgia
Annotated, the Employment Security Law, is amended by striking
in its entirety paragraph (1) of subsection (n) of Code Section 34-8-40,
relating to the definition of the term employment, and inserting in
lieu thereof a new paragraph (1) to read as follows:
1154
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The term employment shall include service performed
after December 31, 1977, by an individual in agricultural labor, as
defined in paragraph (2) of this subsection, when such service is
performed for a person who:
(A) During any calendar quarter in either the current
or the preceding calendar year paid remuneration in cash of
$20,000.00 or more to individuals employed in agricultural
labor (not taking into account service in agricultural labor
performed before January 1,1984, by an alien admitted to the
United States to perform service in agricultural labor pursu-
ant to Sections 214(c) and 101(a)(15)(H) of the Immigration
and Nationality Act); or
(B) For some portion of a day in each of 20 different
calendar weeks, whether or not such weeks were consecutive,
in either the current or preceding calendar year, had in
employment ten or more individuals, regardless of whether
they were employed at the same moment of time (not taking
into account service in agricultural labor performed before
January 1,1984, by an alien admitted to the United States to
perform service in agricultural labor pursuant to Sections
214(c) and 101(a)(15)(H) of the Immigration and Nationality
Act).
Section 2. Said chapter is further amended by striking in its
entirety paragraph (13) of subsection (o) of Code Section 34-8-40,
relating to the definition of the term employment, and inserting in
lieu thereof a new paragraph (13) to read as follows:
(13) Effective January 1,1971, service performed by an individ-
ual who is enrolled as a student at a nonprofit or public educational
institution which normally maintains a regular faculty and curricu-
lum and normally has a regularly organized body of students in
attendance at the place where its educational activities are carried on,
in a full-time program taken for credit at such institution, which
program combines academic instruction with work experience, if such
service is an integral part of such program and such institution has so
certified to the employer, except that this paragraph shall not apply
to service performed in a program established for or on behalf of an
employer or group of employers; or.
GEORGIA LAWS 1983 SESSION
1155
Section 3. Said chapter is further amended by striking in its
entirety paragraph (1) of subsection (b) of Code Section 34-8-51,
relating to the definition of the term wages, and inserting in lieu
thereof a new paragraph (1) to read as follows:
(1) For the purposes of Code Sections 34-8-120 through 34-8-
122, except subsections (d) and (i) of Code Section 34-8-122, and of
Code Section 34-8-30, that part of the remuneration which, after
remuneration equal to $3,000.00 through December 31, 1971, and
$4,200.00 beginning January 1,1972, through December 31,1975, and
$6,000.00 beginning January 1, 1976, and $7,000.00 beginning Janu-
ary 1, 1983, have been paid to an individual by an employer during
any calendar year with respect to employment within this or any
other state, is paid to such individual by such employer during such
calendar year; provided, however, that in cases of successorship of an
employer, the amount of wages paid by the predecessor shall be
considered, for purposes of this provision, as having been paid by the
successor employer; and.
Section 3A. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 34-8-76, relating to a special
bank account, and inserting in lieu thereof a new subsection (b) to
read as follows:
(b) For the purpose of establishing and maintaining free public
employment offices, the Commissioner is authorized to enter into
agreements with the Railroad Retirement Board or any other agency
of the United States charged with the administration of any unem-
ployment compensation law, with any political subdivision of this
state, or with any private, nonprofit organization; and, as a part of any
such agreement, the Commissioner may accept moneys, services, or
quarters as a contribution.
Section 4. Said chapter is further amended by striking in its
entirety subparagraph (C) of paragraph (2) of Code Section 34-8-102,
relating to withdrawals from the Unemployment Trust Fund for
expenditures, and inserting in lieu thereof a new subparagraph (C) to
read as follows:
(C) Limits the amount which may be obligated during any 12
month period beginning on July 1 and ending on the next June 30 to
an amount which does not exceed the amount by which (i) the
aggregate of the amounts credited to the account of this state pursu-
1156
GENERAL ACTS AND RESOLUTIONS, VOL. I
ant to Section 903 of the Social Security Act, as amended, during the
same 12 month period and the 34 preceding 12 month periods exceeds
(ii) the aggregate of the amounts obligated pursuant to this Code
section and charged against the amounts credited to the account of
this state during 35 such 12 month periods. For the purposes of this
Code section, amounts obligated during any such 12 month period
shall be charged against equivalent amounts which were first credited
and which are not already so charged, except that no amount obli-
gated for administration during a 12 month period specified herein
may be charged against any amount credited during such a 12 month
period earlier than the thirty-fourth preceding such period.
Section 5. Said chapter is further amended by striking in its
entirety paragraph (3) of subsection (a) of Code Section 34-8-152,
relating to determination of eligibility for benefits of persons per-
forming certain services, which paragraph reads as follows:
(3) Except as otherwise provided in this Code section, benefits
based on service in employment as defined in subsections (i) and (j) of
Code Section 34-8-40 shall be payable in the same amount, on the
same terms, and subject to the same conditions as compensation
payable on the basis of other services subject to this chapter, provided
that for weeks of unemployment beginning after December 31, 1977,
with respect to services performed in any other capacity for a public
or nonprofit educational institution (other than an institution of
higher education as defined in Code Section 34-8-44) benefits shall
not be paid on the basis of such services to any individual for any
week which commences during a period between two successive
academic years or terms if such individual performs such services in
the first of such academic years or terms and there is a reasonable
assurance that such individual will perform such services in the
second of such academic years or terms.,
and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) (A) Except as otherwise provided in this Code section,
benefits based on service in employment as defined in subsections
(i) and (j) of Code Section 34-8-40 shall be payable in the same
amount, on the same terms, and subject to the same conditions as
compensation payable on the basis of other services subject to this
chapter.
GEORGIA LAWS 1983 SESSION
1157
(B) Except as otherwise provided in subparagraph (C), for
weeks of unemployment beginning after December 31,1982, with
respect to services in any other capacity for a public or nonprofit
educational institution, benefits shall not be paid on the basis of
such services to any individual for any week which commences
during a period between two successive academic years or terms if
such individual performs such services in the first of such aca-
demic years or terms and there is a reasonable assurance that such
individual will perform such services in the second of such aca-
demic years or terms.
(C) If compensation is denied to any individual for any week
under subparagraph (B) of this paragraph and such individual was
not offered an opportunity to perform such services for the
educational institution for the second of such academic years or
terms, such individual shall be entitled to a retroactive payment of
compensation for each week for which the individual filed a timely
claim for benefits and for which benefits were denied solely by
reason of subparagraph (B) of this paragraph.
Section 6. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 34-8-153, relating to determi-
nation of weekly benefit amount, and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) An individuals weekly benefit amount shall be that whole
dollar amount, disregarding any fraction of a dollar, computed by
dividing the total insured wages paid such individual in that quarter
of his base period in which such total wages were highest by 25,
provided insured wages were paid such individual during two or more
quarters of his base period and the total of such wages equals or
exceeds 1.5 times the total insured wages paid such individual in that
quarter of his base period in which such total wages were highest;
provided, however, that (1) when the weekly benefit amount, as
computed, would be more than $11.00 and less than $27.00, the
individuals weekly benefit amount will be $27.00, and (2) no weekly
benefit amount shall be established for less than $27.00 nor more than
$90.00; provided, further, that for benefit years beginning on and
after July 1,1981, no weekly benefit amount shall be established for
less than $27.00 nor more than $115.00.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1158
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
COUNTY BOARDS OF EQUALIZATION
ALTERNATE METHOD OF SELECTING MEMBERS.
Code Section 48-5-311 Amended.
No. 491 (House Bill No. 368).
AN ACT
To amend Code Section 48-5-311 of the Official Code of Georgia
Annotated, relating to the creation, appointment, and duties of
county boards of equalization, so as to provide an alternate method of
selecting members and alternate members of county boards of equal-
ization; to provide procedures relative to the foregoing; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-5-311 of the Official Code of Georgia
Annotated, relating to the creation, appointment, and duties of
county boards of equalization, is amended by striking subsection (c)
in its entirety and inserting in lieu thereof a new subsection (c) to read
as follows:
(c) (1) Each member and alternate member of the county
board of equalization shall be appointed for a term of two calendar
years next succeeding the date of his selection. Each term shall
begin on January 1.
(2) (A) The grand jury in each county at any term of court
preceding November 1 of each odd-numbered year shall
GEORGIA LAWS 1983 SESSION
1159
select three persons from the current grand jury list who are
otherwise qualified to serve as members of the county board
of equalization and shall also select three persons from the
current grand jury list who are otherwise qualified to serve as
alternate members of the county board of equalization. If a
vacancy occurs on the county board of equalization, the grand
jury then in session shall select one of the alternate members
of the county board of equalization to serve as a member of
the county board of equalization for the unexpired term and
shall select a person who is otherwise qualified to serve as an
alternate member for the unexpired term. If a vacancy occurs
among the alternate members, the grand jury then in session
shall select a person who is otherwise qualified to serve as an
alternate member of the county board of equalization for the
unexpired term.
(B) Any county which utilizes electronic or mechanical
selection procedures for the selection of grand jurors may
utilize similar procedures for the selection of members of the
county board of equalization as provided in this subpara-
graph. The grand jury in each such county at any term of
court preceding November 1 of each odd-numbered year shall
select three persons from the current electronic grand jury
list who are otherwise qualified to serve as members of the
county board of equalization and shall also select three per-
sons from the current electronic grand jury list who are
otherwise qualified to serve as alternate members of the
county board of equalization. If a vacancy occurs on the
county board of equalization, the grand jury then in session
shall select one of the alternate members of the county board
of equalization to serve as a member of the county board of
equalization for the unexpired term and shall select from the
current electronic grand jury list a person who is otherwise
qualified to serve as an alternate member for the unexpired
term. If a vacancy occurs among the alternate members, the
grand jury then in session shall select from the current
electronic grand jury list a person who is otherwise qualified
to serve as an alternate member of the county board of
equalization for the unexpired term.
(3) Within five days after the names of the members and
alternate members of the county board or boards of equalization
have been selected, the clerk of the superior court shall issue and
1160
GENERAL ACTS AND RESOLUTIONS, VOL. I
deliver to the sheriff or his deputy a precept containing the names
of the persons so selected. Within ten days of receiving the
precept, the sheriff or his deputy shall cause the persons whose
names are written on the precept to be served personally or by
leaving the summons at their place of residence. The summons
shall direct the persons named on the summons to appear before
the clerk of the superior court on a date specified in the summons,
which date shall not be later than December 15.
(4) Each member and alternate member of the county board
of equalization, on the date prescribed for appearance before the
clerk of the superior court and before entering on the discharge of
his duties, shall take and subscribe before the clerk of the superior
court the following oath:
You shall faithfully and impartially discharge the duty
of members and alternate members of the board of equaliza-
tion for the County of_______________, in accordance with the
Constitution and laws of this state, to the best of your skill
and knowledge. So help you God.
In addition to the oath of office prescribed in this paragraph, the
judge of the superior court shall charge each member and alter-
nate member of the county board of equalization with the law and
duties relating to his office.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
GEORGIA LAWS 1983 SESSION
1161
BONDING OF LIVESTOCK DEALERS, BROKERS,
PACKERS, MARKET OPERATORS, ETC.
Code Title 4, Chapter 6 Amended.
No. 492 (House Bill No. 401).
AN ACT
To amend Title 4 of the Official Code of Georgia Annotated,
relating to animals, so as to provide for the bonding and regulation of
livestock dealers, brokers, packers, and market operators; to require
operators of sales establishments to maintain their custodial accounts
with banks located in this state; to prohibit livestock market opera-
tors from allowing unlicensed brokers or dealers from buying other
than for cash; to require brokers, dealers, packers, and market
operators to submit financial statements; to provide for all related
matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 4 of the Official Code of Georgia Annotated,
relating to animals, is amended by replacing Chapter 6 with a new
chapter to read as follows:
CHAPTER 6
ARTICLE 1
4-6-1. As used in this chapter, the term:
(1) Bond means a written instrument issued or executed
by a bonding, surety, or insurance company licensed to do busi-
ness in this state, guaranteeing that the person bonded shall
faithfully fulfill the terms of the contract of purchases and guaran-
tee the payment of the purchase price of all livestock purchased by
him, made payable to the Commissioner for the benefit of persons
sustaining loss resulting from the nonpayment of the purchase
price or the failure to fulfill the terms of the contract of purchase.
(2) Cash includes only currency, cashiers checks, and
money orders.
1162
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Dealer is synonymous with the term broker and
means any person, firm, or corporation, including a packer, engaged
in the business of buying livestock of any kind for resale or in selling
livestock of any kind bought for the purpose of resale or in buying
livestock of any kind for slaughter. Every agent acting for or on behalf
of any dealer, broker, or livestock market operator is a dealer or
broker.
(A) Farmers acquiring livestock solely for the purpose
of grazing and feeding as a part of their farm operations are
not encompassed by the definition ofdealer or broker; and
(B) Packers whose total annual purchases of livestock
are less than $50,000.00 who buy only from licensed dealers
and licensed sales establishments are not included in the
definition ofdealer or broker.
(4) Livestock means cattle, swine, sheep, and goats of all
kinds and species.
(5) Livestock market operator means any person, firm, or
corporation engaged in the business of operating a sales establish-
ment, public auctions or sales of livestock, or barns and yards for
the containment of livestock held for the purpose of auction or
sale.
(6) Person means any person, firm, corporation, associa-
tion, cooperative, or combination thereof.
(7) Sales establishment means any yard, barn, or other
premises where livestock is sold at auction.
4-6-2. No dealer, broker, or livestock market operator shall sell,
auction, transfer, or move any livestock which are infected with any
disease or which have been placed under quarantine by the authority
of the Commissioner. Until all such livestock have been inspected by
a veterinarian approved by the Commissioner, no dealer, broker, or
livestock market operator shall sell, auction, transfer, or move any
livestock which have been infected, which are suspected of being
infected, or which are likely to have been exposed to infection. No
dealer, broker, or livestock market operator shall sell, auction, trans-
fer, or move any livestock from any barn, yard, or premises unless all
sanitary practices and precautions prescribed by the rules and regula-
GEORGIA LAWS 1983 SESSION
1163
tions of the Commissioner have been observed in the premises, barn,
or yard.
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 or directly from producers 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. No such license shall be issued to any person unless the
applicant therefor furnishes to the Commissioner the required bond.
If the bond of a dealer, broker, or livestock market operator is
canceled, then the license of such person shall immediately be
revoked by operation of law without notice or hearing.
4-6-4. Every licensed dealer, broker, and livestock market opera-
tor who shall violate this chapter or rules and regulations established
by the Commissioner pursuant to this chapter shall have his license
revoked, canceled, or suspended, upon a notice and hearing.
4-6-5. No dealer, broker, or livestock market operator shall buy,
store, or otherwise receive any livestock without first recording the
name and address of the person or persons bringing in the livestock
and recording the license tag number of the vehicle used by the
person or persons to transport the livestock.
4-6-6. (a) In the control, suppression, prevention, and eradi-
cation of livestock diseases, the Commissioner or any duly authorized
livestock inspector acting under the authority of this or any other
livestock law of this state is authorized and required to quarantine
any premises or any area when he shall determine that livestock in
such place or places are infected with a contagious or infectious
disease, that the unsanitary condition of such place or places might
cause the spread of such disease, or that the owner or occupant of such
place or places is not observing sanitary practices.
(b) The Commissioner is authorized and empowered to adopt
and promulgate rules and regulations prescribing the sanitary stan-
dards and requirements for the prevention, control, suppression, and
eradication of livestock diseases in this state, such regulations to be
no less adequate for the protection of the livestock industry and
public health than those of the secretary of agriculture of the United
States Department of Agriculture.
1164
GENERAL ACTS AND RESOLUTIONS, VOL. I
4-6-7. The Commissioner is authorized to formulate, adopt,
promulgate, and enforce rules and regulations for the purpose of
carrying this chapter into effect.
4-6-8. Any person affected by any rule or regulation adopted and
promulgated by the Commissioner pursuant to any statute conferring
such authority upon him, who believes that the Commissioner, in the
promulgation of such rules and regulations or in the enforcement
thereof, has gone beyond the authority vested in him by law or who
believes that the Commissioner has exceeded any power which the
legislature of this state under the Constitution of the United States or
the Constitution of Georgia conferred upon him, is given the right to
protest or object in writing to such rule or regulation or any act done
by the Commissioner pursuant to such rule or regulation, as he may
believe violates the legal and constitutional authority of the Commis-
sioner, by pointing out in what respect and for what reasons he
contends the act, rules, or regulations to be improper or illegal. The
Commissioner is required to consider every such objection and afford
the aggrieved party opportunity to submit evidence and argument in
support of his protest; and if, in his judgment, the protest is in whole
or in part well founded, the Commissioner shall take such corrective
measures as are necessary to give the aggrieved party relief in every
respect from any illegal or unconstitutional requirement. This Code
section is expressly made an administrative remedy and every person
affected by any rule, regulation, or act of the Commissioner is
required to exhaust this remedy before pursuing any other remedy,
provided that nothing contained in this chapter shall be construed to
deny any applicant for a license any existing right to a review by the
court of the Commissioners action as now provided by law.
4-6-9. In addition to the remedies provided in this chapter and
notwithstanding the existence of an adequate remedy at law, the
Commissioner is authorized to apply to the superior courts of this
state for injunctions. Such courts shall have the jurisdiction, for good
cause shown, to grant temporary or permanent injunctions or tempo-
rary restraining orders restraining or enjoining any person, firm,
corporation, or association from violating or continuing to violate this
chapter or any rule or regulation promulgated pursuant to this
chapter. Such injunction or order shall be issued without bond and
may be granted notwithstanding the fact that the violation consti-
tutes a criminal act and notwithstanding the pendency of any crimi-
nal prosecution for the same violation.
GEORGIA LAWS 1983 SESSION
1165
4-6-10. Any dealer, broker, or livestock market operator who
violates any of the provisions of this chapter, any quarantine provi-
sion, or any rule or regulation established by the Commissioner under
the authority of this or any other law for the protection of the general
public in the prevention of livestock diseases shall be guilty of a
misdemeanor.
ARTICLE 2
4-6-20. This article may be cited as the Custodial Account for
Livestock Sellers Act.
4-6-21. Every operator of a sales establishment for the sale of
livestock at auction shall maintain a custodial account in a national-
or state-chartered bank located in this state and within 100 miles of
the sales establishment. Every such operator shall deposit in such
account the gross proceeds received from the sale of livestock handled
on a commissioned or agency basis, which account shall be designated
Custodial Account for Shippers Proceeds. Other funds of the depos-
itor shall not be commingled in such account with funds required to
be deposited in this account.
4-6-22. No check shall be drawn on the custodial account nor any
funds withdrawn from the account, except for payment of proceeds
due the livestock seller or for legally authorized fees or charges
incurred by or owing to the sales establishment. No bank holding such
an account shall pay a check on such account or honor a withdrawal
from such account unless the sales establishment files a certificate
that the check or withdrawal is for one of the purposes authorized in
this Code section. The certificate may be printed on the face of the
check above the signature.
4-6-23. Failure to deposit the proceeds received from the sale of
livestock in a custodial account as required by Code Section 4-6-21,
misuse of such funds, or payment by a bank of funds held in a
custodial account without the certificate required by Code Section 4-
6-22 shall constitute a misdemeanor.
ARTICLE 3
4-6-40. Reserved.
1166
GENERAL ACTS AND RESOLUTIONS, VOL. I
4-6-41. Reserved.
4-6-42. (a) 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 calculated as follows:
(1) If the annual sales of the establishment are
$2,600,000.00 or less, the amount of the bond shall be one fifty-
second of the amount of annual sales but not less than $10,000.00;
or
(2) If the annual sales of the establishment are more than
$2,600,000.00, the amount of the bond shall be $50,000.00 plus one
fifty-second of the amount of annual sales in excess of
$2,600,000.00 times a factor of 0.20.
(b) An amount calculated under subsection (a) of this Code
section, if not a multiple of $5,000.00, shall be rounded to nearest
higher multiple of $5,000.00.
4-6-43. (a) No dealer or broker shall purchase livestock at any
sales establishment or directly from producers unless he has then in
force a bond in an amount calculated as follows:
(1) Determine a number which is the number of days during
the preceding year on which the dealer or broker did business;
(2) Divide the total dollar value of livestock purchased by
the dealer or broker during the preceding year by the lesser of:
(A) One-half of the number determined under para-
graph (1) of this subsection; or
(B) 130; and
(3) Adjust the amount obtained under paragraph (2) of this
subsection as follows:
(A) If the amount obtained under paragraph (2) of this
subsection is $10,000.00 or less then the amount of the bond
shall be $10,000.00;
GEORGIA LAWS 1983 SESSION
1167
(B) If the amount obtained under paragraph (2) of this
subsection is more than $10,000.00 but not more than
$75,000.00 then that amount shall be the amount of the bond;
or
(C) If the amount obtained under paragraph (2) of this
subsection is more than $75,000.00 then the amount of the
bond shall be the sum of $75,000.00 plus 10 percent of the
amount by which the amount obtained under paragraph (2) of
this subsection exceeds $75,000.00.
(b) An amount calculated under subsection (a) of this Code
section, if not a multiple of $5,000.00, shall be rounded up to the
nearest multiple of $5,000.00.
(c) This Code section shall not be applicable to nor shall a bond
be required of a dealer who purchases livestock at sales establish-
ments for cash only. No livestock market operator shall permit a
dealer or broker who is not properly licensed and bonded to purchase
livestock other than for cash.
4-6-44. In calculating amounts of bonds under Code Sections 4-
6-42 and 4-6-43, the total amount of annual sales or annual purchases
for the preceding calendar year shall be used; but, if an applicant for a
license does not have an annual sales history, the Commissioner shall
estimate the amount of annual sales or annual purchases which will
occur.
4-6-45. Reserved.
4-6-46. Sales establishments for the sale of livestock at auction
shall maintain such accounts and records as will at all times disclose
the names of the sellers or consignors, the amount due and payable to
each from the custodial account for shippers proceeds, and the
legally authorized fees and charges due the establishment. Sales
establishments shall make such records available for inspection by
the Commissioner or his agents during any business hours.
4-6-47. Payment for livestock purchased at auction shall be
made on the same date of the purchase of the livestock, except that
persons regulated by the provisions of the federal Packers and
Stockyards Act may make payment by placing in the mail a check on
the day following the date of purchase. The proceeds from the sale of
1168
GENERAL ACTS AND RESOLUTIONS, VOL. I
livestock shall be deposited by the livestock sales establishment in the
custodial account not later than the next banking day following the
date of sale or receipt of payment by mail. Payment for livestock
purchased at auction shall be made by cash, check, draft, or transfer
of funds by wire. No loans shall be made from the custodial account of
any livestock sales establishment to any purchaser of livestock at that
sales establishment.
4-6-48. It shall be the duty and responsibility of each livestock
sales establishment to report to the Commissioner within 24 hours
after having knowledge that a check or draft issued in payment for
livestock has been dishonored; and it shall be the duty and responsi-
bility of the Commissioner to notify all licensed sales establishments
of the fact of such dishonor of any such check or draft issued in
payment for livestock.
4-6-49. It shall be the duty of each sales establishment to report
to the Commissioner not later than March 31 of each year the total
sales of such establishment for the preceding calendar year. It shall be
the duty of each dealer to report to the Commissioner not later than
March 31 of each year the total purchase of such dealer for the
preceding calendar year. The Commissioner may prescribe the form
of such reports. At the time the report is made, each sales establish-
ment and dealer shall submit proof to the Commissioner of compli-
ance with the bonding requirements of this chapter. The failure to
submit the information required in this Code section shall be suffi-
cient grounds to revoke the license of any such sales establishment or
dealer.
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
GEORGIA LAWS 1983 SESSION
1169
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.
(e) All applicants for licensure shall submit to the Commissioner
a current financial statement; and all licensees shall submit a current
financial statement annually.
4-6-50. All livestock weighed at a sales establishment shall be
weighed by a certified public weigher who has complied with Article 2
of Chapter 2 of Title 10. Each such weigher shall obtain a seal and
upon request shall impress the seal upon the scale ticket of the
livestock weighed.
4-6-51. Each sales establishment shall make adequate provision
to isolate, insofar as practicable, the auctioneer, weigher, clerk, and
any other employee who has any duty in regard to making any record
of the sale. No person shall be permitted to converse with any such
employee while the employee is performing any duty in connection
with the sale.
4-6-52. (a) As used in this Code section, special sale means
any livestock sale, except a regular sale at an establishment and any
sale by a farmer of livestock owned by the farmer, with payment made
directly to the farmer.
(b) The Commissioner is authorized to prescribe rules and regu-
lations 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
1170
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(c) Associations holding sales of animals consigned by members
of the association only shall not be required to procure a bond if the
directors of the association accept full responsibility for financial
obligations of sale and release the Commissioner, in writing, from any
responsibility.
(d) Any person who violates this Code section shall be guilty of a
misdemeanor.
4-6-53. Reserved.
4-6-54. It shall be unlawful for any person to use any persuader
other than an electric prod or canvas flap in the loading or handling of
livestock in a public sales establishment.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
PROPERTY EXEMPT FROM LEVY AND SALE
REQUIREMENTS FOR ELIGIBILITY, ETC.
Code Title 44, Chapter 13 Amended.
No. 493 (House Bill No. 324).
AN ACT
To amend Article 1 of Chapter 13 of Title 44 of the Official Code of
Georgia Annotated, relating to real or personal property which may
be exempted from levy and sale, so as to provide for legislative intent;
GEORGIA LAWS 1983 SESSION
1171
to change the requirements for eligibility to claim an exemption; to
provide that a person who claims a debtors exemption as a spouse or
dependent of the debtor shall not be granted an exemption in that
persons own right; to provide for editorial revision; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article I, Section I, Paragraph XXVI of the
Constitution of the State of Georgia.
Section 2. Article 1 of Chapter 13 of Title 44 of the Official Code
of Georgia Annotated, relating to real or personal property which may
be exempted from levy and sale, is amended by striking said Article 1
in its entirety and inserting in lieu thereof a new Article 1 to read as
follows:
ARTICLE 1
Part 1
44-13-1. Except as otherwise provided in this article, there shall
be exempt from levy and sale by virtue of any process whatever under
the laws of this state any real or personal property or both of a debtor
in the amount of $5,000.00. No court or ministerial officer in this state
shall ever have jurisdiction or authority to enforce any judgment,
execution, or decree against property set apart under this Code
section, including such improvements as may be made thereon from
time to time, except for taxes, for the purchase money of the property,
for labor done on the property, for material furnished for the prop-
erty, or for the removal of encumbrances on the property.
44-13-2. Should a debtor refuse to apply for an exemption under
this article, the debtors spouse, any person acting on behalf of the
minor children of the debtor, or any person acting on behalf of the
dependents of the debtor may make such application; and it shall be
as binding as if done by the debtor. As used in this article, depen-
dent means a person whom the debtor may claim as a dependent for
income tax purposes pursuant to Code Section 48-7-26.
44-13-3. It shall be the right of the applicant to supplement his
exemption by adding to an amount already set apart, which amount is
less than the whole amount of the exemption allowed by this article,
1172
GENERAL ACTS AND RESOLUTIONS, VOL. I
enough to make his exemption equal to the whole amount allowed by
resorting to the methods for setting apart and valuation of the
exemptions provided in this chapter. The proceedings shall be in all
respects the same.
44-13-4. (a) Each person seeking the benefit of the exemptions
provided in this article shall apply by petition to the judge of the
probate court of the county in which he resides or in which the
debtors minor children or dependents reside when the application is
made for their benefit. The petition shall state:
(1) The debtor for whom the exemption is claimed;
(2) The names and ages of minor children and dependents
of the debtor; and
(3) Out of what and whose property exemptions are
claimed.
The petition shall comply with all the requirements of the laws for
the setting apart and valuation of the exemption provided by this
article.
(b) The applicant shall accompany his petition with a schedule
containing a minute and accurate description of all real and personal
property belonging to the person from whose estate the exemption is
to be made so that persons interested may know exactly what is
exempted and what is not and also with a list of his creditors and their
post office addresses, if known, which must be sworn to by the
applicant or his agent.
(c) For a failure to comply with this Code section either in the
original petition which may be amended at any time prior to the final
proceedings before the judge of the probate court or in the amended
petition, the judge shall dismiss the petition.
(d) The applicant shall apply to the judge of the probate court
for an order to the county surveyor or, if there is none, to some other
surveyor to lay off any real property of the applicant and to make a
plat of the same, which order the judge shall issue at once and give to
the applicant.
GEORGIA LAWS 1983 SESSION
1173
44-13-5. Whenever the applicant does not possess a sufficient
amount of realty located in the county of his residence, he may
include in his application tracts of land located in counties other than
that of his residence. In such case, the judge of the probate court
before whom the application is made shall cause the survey, valua-
tion, and plat of the lands lying in counties other than the residence of
the applicant to be made by the county surveyor of the county where
the lands are located.
44-13-6. It shall be the duty of any person who shall claim the
benefit of the exemption allowed in this article to act in perfect good
faith. As it is in the power of the debtor claiming an exemption of
personal property to conceal part of his property or money and to
claim the balance as exempt, it shall be the duty of the debtor, when
he shall take steps in the probate court to have an exemption of
personal property set off to him, to make a full and fair disclosure of
all the personal property, including money, stocks, and bonds, which
he may possess at the time. All such money or property which he may
hold in excess of the exemption shall be subject to levy and sale for the
payment of his just debts. If the money or other personal property
which the debtor possesses at the time of his application or at the time
he obtains the order of court setting off exempt property shall be
fraudulently concealed or shall not be delivered up for the benefit of
his creditors, no exemption shall be made in his favor until it shall be
so delivered up. All orders of the court obtained by the fraudulent
concealment of property or obtained while the debtor had personal
property, money, stocks, or bonds which he kept out of the reach of
the levying officer or did not in good faith deliver up for the benefit of
his creditors shall be null and void and of no effect. In such event, the
property set off to the debtor by such order or judgment shall be
subject to levy and sale as if no such order or judgment had been
rendered; and all property in which the debtor shall have invested the
money, stocks, bonds, or personal property fraudulently concealed by
him or kept out of the reach of his creditors shall be subject to levy
and sale and liable to be sold for the payment of any debt then in
existence. The debtor who is guilty of willful fraud in the concealment
of part of his property which he possessed when he sought the benefit
of the exemption shall on account of his fraud lose the benefit of the
exemption, and his property shall be subject to the payment of all just
debts which he owed at the time such fraud was committed; but the
property, when once set off to him by order of the court, shall be
exempt as against all debts contracted after that time.
1174
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-13-7. When the schedule has been filed and the application
has been made, the judge of the probate court, in order that all
persons may know when action will be taken on the petition, shall
publish in the newspaper in which the legal advertisements of the
county are published, not more than twice, a notice as follows:
A. B. has applied for exemption of personalty, and setting apart
and valuation of realty exempt from levy and sale under Article 1 of
Chapter 13 of Title 44 of the Official Code of Georgia Annotated, and
I will pass upon the same at_____M., on the_____day of______, 19__, at
my office. C. D., Judge of the Probate Court.
44-13-8. In addition to the notice by publication required to be
given by Code Section 44-13-7, the applicant or his agent shall give
notice in writing of the filing of the application and of the day of
hearing the same to each of his creditors residing in the county. Such
notice shall be given at least five days before the hearing and shall be
served personally or by leaving a copy at the residence or place of
business of his creditor; and the fact that such notice has been given
shall be verified by oath of the applicant or his agent. The applicant
shall also notify creditors residing outside of the county of his
application by preparing written notices of his application and the
day of hearing, which notices shall be delivered by him to the judge of
the probate court together with stamped envelopes and, if the resi-
dence of the creditors shall be known to the petitioner, shall be
directed by the judge and mailed to the persons residing out of the
county at least 15 days before the day of the hearing.
44-13-9. The time fixed by the notice given pursuant to Code
Sections 44-13-7 and 44-13-8 shall not be less than 20 nor more than
30 days from the date of the filing of the application and schedule.
44-13-10. (a) The surveyor to whom the applicant delivers the
order pursuant to subsection (d) of Code Section 44-13-4 shall lay off
the exempted real property on or out of the land claimed by the
applicant and make a plat of the same and shall make an affidavit
that the exempted real property is correctly platted and laid off and
setting out its value. He shall return the affidavit to the judge of the
probate court at least five days before the day appointed in the order
for passing upon the application.
(b) It shall be a valid ground of objection to the propriety of any
survey that it has been so made as to injure unjustly or needlessly the
GEORGIA LAWS 1983 SESSION
1175
value of any land left unexempted by a disregard of the shape and
location of the entire tract.
(c) Should any county surveyor fail to comply with his duty as
prescribed by this Code section, he shall be punished for a contempt
of court by the judge of the probate court.
44-13-11. If, at the time and place appointed for passing upon
the application, no objection is raised by any creditor of the applicant,
the judge of the probate court shall endorse upon the schedule and
upon the plat: Approved this the_____day of______, 19_, filling the
blanks, and shall sign the schedule and plat officially and hand them
to the clerk of the superior court of his county; and, when land out of
his county is exempted, the judge shall transmit a certified copy of the
exempted real property to the clerk of the superior court of each
county in which exempted land is located. Each clerk of the superior
court of a county in which exempted land is located shall record the
exempted real property in a book to be kept for that purpose in his
office, which record or a certified transcript thereof shall be compe-
tent evidence in all the courts of this state.
44-13-12. Should any creditor of the applicant desire to object to
the schedule for want of sufficiency and fullness or for fraud of any
kind or to dispute the valuation of the personalty, the propriety of the
survey, or the value of the premises so platted as the exempted real
property, he shall specify his objections in writing at the time and
place appointed for the hearing.
44-13-13. Upon an objection being made as provided for in Code
Section 44-13-12, unless the applicant shall so alter the schedule or
plat or both as to remove the objections, the judge of the probate
court shall appoint three disinterested appraisers to examine the
property concerning which the objections are made and to value the
same. On the appraisers return under oath, if either the schedule or
the plat shall be found to be too large, such alterations shall be made
in the schedule and in the plat as the judge may deem proper to bring
them within the limits of the value allowed by this article. Thereafter,
the judge shall approve the schedule and the plat as required by Code
Section 44-13-11 and shall hand the same to the clerk of the superior
court of his county who shall record the schedule and plat as required
by Code Section 44-13-11. Either party dissatisfied with the judgment
shall have the right to appeal under the same rules, regulations, and
restrictions as are provided by law in cases of appeals from the
probate court.
1176
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-13-14. (a) If an applicant seeks to have an exemption set
apart out of real property located in town which exceeds in value the
amount of the exemption which he claims and to which he is entitled
to complete his legal exemption and such realty cannot be so divided
as to give an exemption of that value, the judge of the probate court
may pass an order that, should such property be thereafter sold by
virtue of any order, judgment, or decree of any court in this state, so
much of the proceeds of the sale as may be necessary to make up,
when added to the other exempted property of the applicant, if any,
the full amount of the exemption allowed by law shall be paid over to
the judge of the probate court by the officer making the sale to be
invested in property selected by the applicant by some proper person
appointed by such judge, which property shall constitute the exemp-
tion of the applicant or a part thereof, as the case may be, after the
order of the probate court and the deed of reinvestment have been
recorded by the clerk of the superior court.
(b) Should any ministerial officer of this state, upon being
shown a certified copy of the order of the judge of the probate court
provided for in subsection (a) of this Code section, fail to retain and
pay over to such judge the proceeds as required or should any such
judge receiving the proceeds fail to appoint the person required to
have the proceeds invested and fail to turn over the proceeds to the
person so appointed, such officer or judge and his sureties shall be
liable to the applicant for the full amount of the money and 20
percent interest thereon for the period of time he wrongfully with-
holds the money or any part thereof.
44-13-15. When any person applies for an exemption of person-
alty and the personalty sought to be exempted consists of cash in
whole or in part, before the cash shall be allowed as an exemption, it
shall, under the direction of the judge of the probate court, be
invested in such articles of personal property as the applicant may
desire; when so invested and returned by schedule with or without
other property as required by this article, such property shall consti-
tute tbe exemption of personalty. In no case shall the allowance of
cash without such investment be a valid exemption.
44-13-16. (a) Whenever the debtor shall desire the exempted
property, whether real or personal, to be sold for reinvestment, an
application for the sale of the property must be made to the judge of
the superior court of the county where the debtor resides or the
property is situated unless the judge is disqualified, in which case
GEORGIA LAWS 1983 SESSION
1177
application may be made to the judge of the superior court of an
adjoining circuit. Upon proper showing, the judge may order a sale of
the property; and the proceeds shall be reinvested upon the same
uses.
(b) A sale ordered pursuant to subsection (a) of this Code section
shall operate to pass to the purchaser the entire interest and title of
the beneficiaries in the exempted property and also the entire interest
and title owned, before the exemption was made, by the party out of
whose estate the property was so exempted.
(c) The purchaser shall receive the property sold and shall hold
the same, as to all liens thereon against the original debtor and with
the same exemption therefrom, for the same length of time as was
allowed to the original debtor before the sale; and, by consent of all
lien creditors, the liens of such creditors may be divested and trans-
ferred to the newly acquired property by the order of the court
pursuant to subsection (a) of this Code section.
(d) An applicant who has obtained an exemption for the spouse,
minor children, or dependents of the debtor may apply for an order of
sale under subsections (a) through (c) of this Code section. All persons
interested shall be parties to the proceeding.
(e) The judge of the superior court shall order the entire pro-
ceedings recorded in the minutes by the clerk of the superior court of
the county in which the parties applying for the order of sale reside
and, when land is to be sold, in the county where the land is located;
and the judge shall provide the means and mode of sale and reinvest-
ment as provided in this Code section.
(f) This Code section shall apply to the sale of any real or
personal property set apart under this article.
44-13-17. Whenever any property has been set apart for the
debtors minor children or dependents and they desire the same to be
sold for reinvestment but the debtor fails or refuses to join with them
in the application to have such property sold for reinvestment or
whenever a divorce has been granted to the spouse of the debtor and
the property exempted by this article and sought to be sold for
reinvestment has been awarded to that spouse, the proceedings for
reinvestment shall be in all respects as binding upon all parties as if
the debtor had joined with the minor children, dependents, or spouse,
respectively, in the application.
1178
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-13-18. All produce, rents, or profits arising from property in
this state which is exempted under this article shall be for the support
of those persons allowed such exemption and shall be exempt from
levy and sale except as otherwise provided in this article.
44-13-19. Before the approval of the judge of the probate court
may be demanded as provided in this article, the applicant shall pay
to such judge the cost of the proceedings, including tbe clerks cost for
recording the same. The applicant shall be bound for such costs if the
judge approves the application. If any person filing objections to the
schedule or plat fails to have the same sustained, he shall pay the cost
of the proceedings.
44-13-20. Property set apart pursuant to Code Section 44-13-2
for a spouse, for a spouse and minor children, for minor children
alone, or for dependents of a debtor (1) upon the death of the spouse
or the spouses remarriage, when set apart to the spouse alone, (2)
upon the attaining of the age of majority by the minor children or
their marriage during minority, when set apart for the minor children,
(3) upon the death or remarriage of the spouse and the attaining of
the age of majority by the minor children or the marriage of the minor
children, when set apart to the spouse and minor children, and (4)
upon a former dependent persons no longer being eligible to be
claimed by the debtor as a dependent for income tax purposes
pursuant to Code Section 48-7-26, shall revert to the estate from
which it was set apart unless it was sold or reinvested pursuant to this
article, in which case this Code section shall apply to and follow all the
reinvestments unless the fee simple has been sold as provided in this
article.
44-13-21. Nothing contained in this article shall be construed to
prevent any debtor who does not wish to avail himself of the benefits
of this article from claiming the exemptions allowed by Code Section
44-13-100. No person who is allowed the exemptions under Code
Section 44-13-100 shall take any benefit under this article; nor shall
any person who is allowed the exemptions under this article be
allowed the exemptions under Code Section 44-13-100 unless the
exempted property so elected is lost by virtue of a sale under an
outstanding claim, in which event the election shall not bar an
application for an exemption under this article not liable to the
outstanding claim.
GEORGIA LAWS 1983 SESSION
1179
Part 2
44-13-40. Any debtor may, except as to wearing apparel and
$300.00 worth of household and kitchen furniture and provisions,
waive or renounce his right to the benefit of the exemption provided
for by this article by a waiver, either general or specific, in writing
simply stating that he does so waive or renounce such right, which
waiver may be stated in the contract of indebtedness or may be made
contemporaneously therewith or may be made subsequent to the
execution of the contract of indebtedness in a separate paper.
44-13-41. In case of a waiver and the levy of an execution, the
debtor may select and set apart $300.00 worth of household and
kitchen furniture and provisions as free from levy and sale. If, when
such selection is made, the plaintiff in fi. fa. shall be of the opinion
that said property is of greater value than $300.00, he may indemnify
the levying officer and require him to proceed with the levy upon
some part of the property or all if it be incapable of division. It shall
then be the right of the debtor to make and deliver to the levying
officer an affidavit stating substantially that the property selected is
not of greater value than $300.00. The levy and affidavit shall be
returned to the next term of the superior court of the county of the
residence of the debtor and shall be tried as cases of illegality, the only
issue being the value of the property selected. The jury may find
generally for the defendant in fi. fa., in which case the levy shall be
dismissed, or may find specifically what portion of the property is of
the value of $300.00, which portion shall be exempted, and the
balance shall be sold; provided, however, that the jury or other
tribunal trying the issue made by the levy and affidavit may assess
damages, not exceeding 25 percent of the value of the property levied
upon, against the plaintiff in execution for any levy made not in good
faith for the collection of the execution but for the purpose of
harassing the debtor.
44-13-42. Every debtor seeking the benefit of Code Section 44-
13-41 shall make out a schedule of the debtors household and kitchen
furniture and provisions which shall set out the items and value
thereof claimed to be exempt and shall return the schedule to the
judge of the probate court of the county in which the applicant
resides. It shall not be necessary to make any application for such
exemption or to publish the schedule in a newspaper. The judge shall
record the schedule in a book to be kept by him for that purpose.
1180
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-13-43. A person eligible under Code Section 44-13-2 to claim
a debtors exemption as a spouse or dependent of the debtor may not,
during the time the debtors exemption is allowed that person as
spouse or dependent, be granted an exemption in that persons own
right under this article.
Part 3
44-13-60. (a) When an exemption under this article of realty
and personalty or either has been applied for and set apart out of the
property of a defendant in execution and the defendant in execution
has no property except the real property on which the defendant
resides on which to levy, if the plaintiff in execution seeks to have that
real property levied on upon the ground that his debt falls within
some or one of the classes for which the real property is bound under
this article, such plaintiff, his agent, or his attorney may make an
affidavit before any officer authorized to administer oaths that to the
best of his knowledge and belief the debt upon which the execution is
founded is one from which that real property is not exempt. There-
after, it shall be the duty of the officer into whose hands the execution
and the affidavit are placed to proceed at once to levy and sell as
though the property had never been set apart.
(b) The defendant in execution may deny the truth of the
plaintiffs affidavit by filing a counteraffidavit with the levying
officer. If a counteraffidavit is filed, it shall be the duty of the levying
officer to suspend further proceedings under the execution and to
return the same together with the two affidavits to the court from
which the execution issued.
44-13-61. At the first term of the court to which the execution
and the affidavits have been returned, an issue shall be formed upon
the same and tried as in cases of illegality.
44-13-62. When the finding upon the trial provided for in Code
Section 44-13-61 is in favor of the plaintiff in execution, it shall be the
duty of the levying officer to proceed immediately with the collection
of the debt by the sale of the real property upon which the defendant
in execution resides, if necessary. When the finding upon such issue is
in favor of the defendant in execution, it shall operate to release that
real property without prejudicing any other right of the plaintiff.
GEORGIA LAWS 1983 SESSION
1181
44-13-63. Except as provided in Code Section 44-13-60, any
officer knowingly levying on or selling property made exempt from
sale shall be guilty of trespass; and any person allowed such exemp-
tion may recover for such trespass for their exclusive use.
Part 4
44-13-80. Whenever any person makes an application for an
exemption of realty under this article and it appears by the return of
the surveyor that the applicant is the owner of more real estate than is
allowed to be exempt under this article, it shall be the duty of the
judge of the probate court to appoint a receiver to take charge of the
excess and to sell the same for the benefit of the creditors of the
applicant under regulations set forth in this part.
44-13-81. Whenever any person makes an application for an
exemption of personalty as provided for by this article and the
schedule filed by the person discloses that the person has and is the
owner of personal property in excess of that to which he is entitled to
have as exempt, the excess shall be delivered by the judge of the
probate court to a receiver who shall dispose of the excess for the
benefit of the creditors of the applicant.
44-13-82. When a receiver is appointed as provided in Code
Section 44-13-80, he shall proceed to advertise the real estate once a
week for four weeks in the public newspaper in which the sheriffs
sales of the county are advertised. On the first Tuesday of the month
immediately following the last advertisement, the receiver shall
expose the same for sale at public auction and the money arising from
the sale of the property shall be delivered to the judge of the probate
court for distribution among the several creditors of the applicant,
such distribution to be made according to the dignity of the claims of
the several creditors.
44-13-83. Personal property shall be disposed of in the manner
provided in Code Section 44-13-82, except that the receiver shall
advertise the same in three of the most public places of the county for
30 days and shall not be required to advertise the same in a public
newspaper.
44-13-84. Nothing in this part shall be construed to authorize
the appointment of more than one receiver.
1182
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-13-85. If no creditors appear and file their claims before the
day set apart for the sale of the property, the sale shall not take place;
and the property in excess shall be turned over to the applicant.
44-13-86. When a receiver is appointed under Code Section 44-
13-80, good bond and security shall be required of him by the judge of
the probate court for the performance of his duty. The receiver shall
be subject to rule in the superior court of the county where he was
appointed, as sheriffs are, and shall, under rule of the superior court
and not under the order of the judge of the probate court, pay out
moneys received by him as sheriffs do when there are conflicting
claims to moneys in his hands. When there are no conflicting claims,
the receiver shall settle all the claims and turn over any excess to the
party legally entitled to the same.
44-13-87. The applicant for exemption from levy and sale of
property under this article shall be permitted to select the property to
be exempted but not to exceed the amount allowed by law.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
TENANTS IN COMMON SALE OF INTERESTS OF
PETITIONERS FOR PARTITION.
Code Section 44-6-166.1 Enacted.
Code Section 44-6-167 Amended.
No. 494 (House Bill No. 209).
AN ACT
To amend Article 7 of Chapter 6 of Title 44 of the Official Code of
Georgia Annotated, relating to tenancy in common, so as to provide
GEORGIA LAWS 1983 SESSION
1183
for the sale of the interests of petitioners for partition to other parties
in interest in property sought to be partitioned; to provide for public
sales; 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 7 of Chapter 6 of Title 44 of the Official Code
of Georgia Annotated, relating to tenancy in common, is amended by
adding after Code Section 44-6-166 a new Code section to read as
follows:
44-6-166.1. (a) As used in this Code section, the term:
(1) Party in interest means any person, other than a peti-
tioner, having an interest in property.
(2) Petitioner means any person petitioning for partition
of property.
(3) Property means lands and tenements sought to be
partitioned pursuant to this Subpart 2, relating to statutory
partition.
(b) Whenever an application is made for the partition of prop-
erty and any of the parties in interest convinces the court that a fair
and equitable division of the property cannot be made by means of
metes and bounds because of improvements made thereon, because
the premises are valuable for mining purposes or for the erection of
mills or other machinery, or because the value of the entire property
will be depreciated by the partition applied for, the court shall
proceed pursuant to this Code section.
(c) The court shall appoint three qualified persons to make
appraisals of the property. The average of the three appraisals shall
constitute the appraised price of the property for purposes of this
Code section. Notice of the amount of the appraised price shall be
served on the petitioners and all parties in interest within five days
after the appraised price is established.
(d) Within 15 days after the appraised price is established, upon
request to the court and grant thereof, any petitioner may withdraw
as petitioner in the partition action and become a party in interest
1184
GENERAL ACTS AND RESOLUTIONS, VOL. I
and any party in interest may become a petitioner in the action. Any
petitioner remaining as such after the fifteenth day may be paid,
pursuant to this Code section, his respective share of the appraised
price corresponding to his respective share of the property. This
payment shall constitute complete satisfaction of all of that peti-
tioners claims to and interest in that property. If no petitioner
remains in the partition action after that fifteenth day, the proceed-
ing shall be dismissed, and the petitioners who have withdrawn shall
be liable for the costs of the action, including but not limited to the
appraisal costs.
(e) (1) No sooner than 16 days and no later than 90 days after
the appraised price is established, the parties in interest shall
tender to the court sufficient sums to pay to petitioners their
shares of the appraised price, as determined by their respective
shares in the property, or the property shall be subject to public
sale pursuant to Code Section 44-6-167. If the property is subject
to such public sale, the petitioner and the parties in interest shall
be liable for appraisal costs under this Code section in proportion
to their respective interests in the property.
(2) Each party in interest may pay toward the amount
required to purchase any petitioners shares of the appraised price
an amount in proportion to that partys share of the total shares of
property of all parties in interest, unless one party in interest
authorizes another party in interest to pay some or all of his
proportionate share of the shares available for sale. The share of
each party in interest in the property shall be increased by the
share that party pays toward the purchase of petitioners shares in
the property.
(f) Within 95 days after the appraised price is established, unless
the property becomes subject to public sale pursuant to paragraph (1)
of subsection (e) of this Code section, the petitioners shall execute
title to the parties in interest for the property in return for payment
to the petitioners, from sums tendered to court under subsection (e)
of this Code section, of their respective shares of the appraised price.
Petitioners and parties in interest shall be liable for costs of the sale
and proceedings relating thereto under this Code section in propor-
tion to their respective shares in the property prior to that sale.
Section 2. Said article is further amended by striking Code
Section 44-6-167, relating to when land is subject to public sale, and
inserting in its place a new Code section to read as follows:
GEORGIA LAWS 1983 SESSION
1185
44-6-167. In the event lands and tenements sought to be parti-
tioned are not sold pursuant to Code Section 44-6-166.1, the court
shall order a public sale of such lands and tenements. The court shall
appoint three discreet persons as commissioners to conduct such sale
under such regulations and upon such just and equitable terms as it
may prescribe. The sale shall take place on the first Tuesday in the
month, shall be at the place of public sales in the county in which the
land is located, and shall be advertised in some public newspaper once
a week for four weeks. This Code section shall not be construed to
change the place of sale in those counties where by law sheriffs sales
are required to take place at the courthouse.
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 29,1983.
SHERIFFS RETIREMENT FUND OF GEORGIA
ADDITIONAL MEMBER OF BOARD OF
COMMISSIONERS, ETC.
Code Title 47, Chapter 16 Amended.
No. 495 (House Bill No. 212).
AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Georgia
Annotated, relating to the Sheriffs Retirement Fund of Georgia, so as
to provide for an additional member of the Board of Commissioners
of the Sheriffs Retirement Fund of Georgia and his term of office; to
change the provisions relating to dues; to change the provisions
relating to benefits payable upon retirement; to change the provisions
1186
GENERAL ACTS AND RESOLUTIONS, VOL. I
relating to death benefits; to provide that certain rights, the return of
contributions, and pensions, annuities, allowances, and benefits shall
be exempt from taxation; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 16 of Title 47 of the Official Code of Georgia
Annotated, relating to the Sheriffs Retirement Fund of Georgia, is
amended by striking subsections (a) and (b) of Code Section 47-16-21,
relating to membership of the board of commissioners, in their
entirety and inserting in lieu thereof new subsections (a) and (b) to
read as follows:
(a) The membership of the board shall consist of the president
of the Georgia Sheriffs Association, by virtue of his office as presi-
dent, who shall be chairman of the board; the president of the
Association County Commissioners of Georgia, by virtue of his office
as president; three other sheriffs elected by the Georgia Sheriffs
Association, from its membership, at its annual convention; and one
retired member of the fund who shall be appointed by the Governor.
(b) The members of the board who are elected by the Georgia
Sheriffs Association shall each serve for a term of three years, and
one of such members of the board shall be elected each year at the
annual convention of the Georgia Sheriffs Association. The term of
office of each such member of the board shall begin immediately upon
his election. The elected members who are serving on the board on
November 1,1982, shall continue to serve until the expiration of their
respective terms and until a successor is elected and has qualified to
serve. The members of the board who are elected by the Georgia
Sheriffs Association shall be members of that association and shall
also be active members of this fund. The member of the board who is
a retired member of the fund shall serve for a term of office of one
year with the first such term beginning on April 1,1983.
Section 2. Said chapter is further amended by striking para-
graph (5) of Code Section 47-16-40, relating to applications for
membership in the fund, contents of applications, and claims for
credit for prior service, in its entirety and inserting in lieu thereof a
new paragraph (5) to read as follows:
GEORGIA LAWS 1983 SESSION
1187
(5) He must tender with the application, within 12 months
from the date of that application, or at such other time as the board
may provide, a sum equal to the total of $25.00 per month for credit
claimed by him under paragraph (4) of this Code section for past
service from and including January 1,1961, to the date of application;
or if such amount is not paid by the due date, he shall be conclusively
deemed to have waived his claim or right for credit for such period of
time; or.
Section 3. Said chapter is further amended by striking Code
Section 47-16-43, relating to requirements for continued active mem-
bership in the fund, in its entirety and inserting in lieu thereof a new
Code Section 47-16-43 to read as follows:
47-16-43. In order to retain active membership in the fund,
each member must:
(1) Continue serving as a sheriff;
(2) Pay to the secretary-treasurer membership dues of
$25.00 per month for each month so served. Such payment shall be
due on or before the tenth day of the following month until he has
made such payments for a total of 25 years; and
(3) Comply with all other mandatory provisions of this
chapter and all rules and regulations promulgated by the board.
Section 4. Said chapter is further amended by striking para-
graph (2) of Code Section 47-16-100, relating to eligibility for retire-
ment benefits, in its entirety and inserting in lieu thereof a new
paragraph (2) to read as follows:
(2) He must have paid dues equal to the total of $25.00 per
month during the entire four-year period;.
Section 5. Said chapter is further amended by striking para-
graph (1) of subsection (a) of Code Section 47-16-101, relating to
retirement benefit options, in its entirety and inserting in lieu thereof
a new paragraph (1) to read as follows:
(1) Option One shall be known as a single life annuity and
shall provide retirement benefits for the life of the member only. If
such member has no more than four years of service credited to him
1188
GENERAL ACTS AND RESOLUTIONS, VOL. I
under this chapter, he shall be paid a benefit of $130.00 per month
until his death. If such member has more than four years credited to
him under the provisions of this chapter, he shall be paid a benefit of
$130.00 per month, plus $32.50 per month for each additional year of
service so credited to him; provided, that in no case shall such benefits
exceed $812.50 per month;.
Section 6. Said chapter is further amended by striking para-
graph (2) of Code Section 47-16-102, relating to death benefits, in its
entirety and inserting in lieu thereof a new paragraph (2) to read as
follows:
(2) In addition to the death benefits provided in paragraph (1)
of this Code section, any inactive member who would otherwise
qualify to be carried upon the active membership rolls but for the fact
that he no longer holds the office of sheriff, any member who is
receiving retirement benefits, or any member who is otherwise quali-
fied to receive retirement benefits from this fund except that he has
not reached the age of 55 years or has not filed an application or has
not been approved for retirement benefits, the sum of $3,000.00 shall
be paid as additional death benefits to the surviving spouse of such
member, if any, to his named beneficiary, if any, or to his estate, in
that order. Upon the death of any active member, the sum of
$5,000.00 shall be paid as additional death benefits to the surviving
spouse of such member, if any, to his named beneficiary, if any, or to
his estate, in that order;.
Section 7. Said chapter is further amended by adding at the
end thereof a new Code Section 47-16-123 to read as follows:
47-16-123. The right to any pension, annuity, allowance, or
benefit; the right to the return of contributions; a pension, annuity,
allowance, or benefit itself; any optional benefit; any other right
accrued or accruing to any person under this chapter; and any moneys
under this chapter shall be exempt from any tax imposed by this state
or any county, municipality, or other political subdivision.
Section 8. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1983 SESSION
1189
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
BAD CHECKS RESTITUTION OF AMOUNT OF
CHECK, COSTS OF BRINGING COMPLAINT, ETC.
Code Section 16-9-20 Amended.
No. 496 (House Bill No. 245).
AN ACT
To amend Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to issuance of bad checks, so as to provide that
restitution may be made while an offender serves a probated or
suspended sentence; to provide that the extender of credit is entitled
to a bad check charge under certain circumstances; to provide for the
amount of such bad check charge; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-9-20 of the Official Code of Georgia
Annotated, relating to issuance of bad checks, is amended by striking
paragraph (4) of subsection (b) of said Code section and inserting in
its place a new paragraph (4) to read as follows:
(4) Upon conviction of a first or any subsequent offense under
this subsection or subsection (c) of this Code section, in addition to
any other punishment provided by this Code section, the defendant
shall be required to make restitution of the amount of the check,
together with all costs of bringing a complaint under this Code
section. Restitution may be made while the defendant is serving a
probated or suspended sentence.
1190
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said Code section is further amended by adding at the
end thereof a new subsection, to be designated subsection (i), to read
as follows:
(i) Notwithstanding paragraph (2) of subsection (a) of this
Code section or any other law on usury, charges, or fees on loans or
credit extensions, any lender of money or extender of other credit who
receives a check, draft, negotiable order of withdrawal, or like instru-
ment drawn on a bank or other depository institution given by any
person in full or partial repayment of a loan, installment payment, or
other extension of credit may, if such instrument is not paid or is
dishonored by such institution, charge and collect from the borrower
or person to whom the credit was extended a bad check charge of not
more than the greater of either $10.00 or an amount equal to the
actual charge made to the creditor by the depository institution for
the return of the unpaid or dishonored instrument. This charge shall
not be deemed interest or a finance or other charge made as an
incident to or as a condition to the granting of the loan or other
extension of credit and shall not be included in determining the limit
on charges which may be made in connection with the loan or
extension of credit or any other law of this state.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
ELECTION CODE AMENDED NONPARTISAN
ELECTION OF JUDGES, ETC.
Code Title 21, Chapter 2 Amended.
No. 497 (House Bill No. 314).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide for the nonpartisan election of
GEORGIA LAWS 1983 SESSION
1191
candidates for the office of judge of a state court, judge of a superior
court, Judge of the Court of Appeals, and Justice of the Supreme
Court; to provide for legislative intent; to provide for a method of
qualifying as a candidate for such offices; to provide for qualifying
fees; to change the provisions relating to filing a notice of candidacy;
to change provisions relating to the designation of the specific office
sought by a candidate; to provide for nonpartisan election procedures;
to authorize the General Assembly to provide by local Act for
nonpartisan elections to fill county offices and offices of local school
boards and school superintendents; to provide for the date of a
nonpartisan primary; to provide for the nomination of certain judicial
offices in a nonpartisan primary; to provide that any nonpartisan
primary shall be conducted jointly with the primary of political
parties; to provide for the reopening of qualification for office in the
event of the death of a candidate prior to the date of a nonpartisan
primary and for filling a vacancy occurring after nomination but
before the date of the nonpartisan election; to provide for the official
nonpartisan primary ballot; to provide for the official nonpartisan
election ballot; to provide for the form of ballot labels in nonpartisan
primaries and nonpartisan elections; 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. It is the intent of this Act to implement the provisions
of Article VI, Section VII, Paragraph I of the Constitution of the State
of Georgia which requires that all judges of state courts, judges of
superior courts, Judges of the Court of Appeals, and Justices of the
Supreme Court shall be elected on a nonpartisan basis. In further-
ance of this mandate, this Act establishes uniform and exclusive
procedures for the nonpartisan selection of nominees for such offices
in a nonpartisan primary to be held at the same time as the general
political party primaries and for the election of the judges and
Justices in a nonpartisan election to be held at the same time as the
general election.
1192
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking Code Section 21-2-130,
relating to qualification of candidates, in its entirety and substituting
in lieu thereof a new Code Section 21-2-130 to read as follows:
21-2-130. Candidates may qualify for an election by virtue of:
(1) Nomination in a primary conducted by a political party;
(2) Filing a nomination petition either as an independent
candidate or as a nominee of a political body, if duly certified by
the chairman and the secretary of the political body as having
been nominated in a duly constituted political body convention as
prescribed in Code Section 21-2-172;
(3) In the case of an election for presidential electors, nomi-
nation as prescribed by rules of a political party;
(4) Substitute nomination by a political party or body or
substitute nonpartisan nomination for judge as prescribed in Code
Sections 21-2-134 and 21-2-155, respectively;
(5) Candidacy in a special election as prescribed in subsec-
tion (d) of Code Section 21-2-132;
(6) Incumbent qualifying as a candidate to succeed himself
as prescribed in subsection (d) of Code Section 21-2-132; or
(7) Nomination in a nonpartisan primary for the office of
judge of a state court, judge of a superior court, Judge of the Court
of Appeals, or Justice of the Supreme Court as prescribed in Code
Section 21-2-138.
Section 3. Said title is further amended by striking subsection
(a) of Code Section 21-2-131, relating to fixing and publishing of
qualification fees, manner of payment, and distribution of fees paid,
in its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) Qualification fees for party and public offices shall be fixed
and published as follows:
GEORGIA LAWS 1983 SESSION
1193
(1) The governing authority of any county, not later than
March 1 of any year in which a general primary, nonpartisan
primary, or general election is to be held, and at least 20 days prior
to the special primary or election in the case of a special election,
shall fix and publish a qualifying fee for each county 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 govern-
ing 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;
(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 for any candidate qualify-
ing with the Secretary of State for a nonpartisan primary and for
any candidate filing with the Secretary of State his notice of
candidacy for a 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 political 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 filling of such party office.
Section 4. Said title is further amended by striking Code Section
21-2-132, relating to filing notice of candidacy and payment of
qualifying fee, in its entirety and substituting in lieu thereof a new
Code Section 21-2-132 to read as follows:
21-2-132. (a) The names of nominees of political parties nom-
inated in a primary and the names of candidates nominated in a
nonpartisan primary shall be placed on the election ballot without
their filing the notice of candidacy otherwise required by this Code
section.
1194
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Candidates seeking nomination in a nonpartisan primary for
the office of judge of a state court, judge of a superior court, Judge of
the Court of Appeals, and Justice of the Supreme Court shall comply
with the requirements of subsections (c) and (e), as modified by
subsection (f) of this Code section, by the date prescribed and shall by
the same date pay to the proper authority the qualifying fee pre-
scribed by Code Section 21-2-131 in order to be eligible to have their
names placed on the nonpartisan primary ballots.
(c) All other candidates shall file their notice of candidacy and
pay the prescribed qualifying fee by the date prescribed in this Code
section in order to be eligible to have their names placed on the
election ballot by the Secretary of State or election superintendent, as
the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent,
desiring to have his name placed on the election ballot shall file a
notice of his candidacy, giving his name, residence address, and
the office he is seeking, in the office of the Secretary of State no
earlier than 9:00 A.M. on the fourth Wednesday in May and no
later than 12:00 Noon on the second Wednesday in June preced-
ing the election in the case of a general election and at least 25 days
prior to the election in the case of a special election.
(2) Each candidate for a county office, or his agent, desiring
to have his name placed on the election ballot shall file notice of
his candidacy in the office of the superintendent of his county no
earlier than 9:00 A.M. on the fourth Wednesday in May and no
later than 12:00 Noon on the second Wednesday in June preceding
the election in the case of a general election and at least 25 days
prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this
Code section shall, no earlier than 9:00 A.M. on the fourth Wednes-
day in May and no later than 12:00 Noon on the second Wednesday in
July immediately prior to the election, file with the same official with
whom he filed his notice of candidacy, a nomination petition in the
form prescribed in Code Section 21-2-170, except that such petition
shall not be required if such candidate is:
(1) A nominee of a political party for the office of president-
ial elector when such party has held a national convention and
therein nominated candidates for President and Vice President of
the United States;
GEORGIA LAWS 1983 SESSION
1195
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed
himself if, prior to the election in which he was originally elected
to the office for which he seeks reelection, such incumbent filed a
notice of candidacy and a nomination petition as required by this
chapter; or
(4) A candidate seeking election to the office of judge of a
state court, judge of a superior court, Judge of the Court of
Appeals, or Justice of the Supreme Court in a nonpartisan pri-
mary.
(e) Each candidate required by this Code section to file a notice
of candidacy shall accompany his notice of candidacy with an affida-
vit stating:
(1) His residence, with street and number, if any, and his
post office address;
(2) His profession, business, or occupation, if any;
(3) The name of his precinct;
(4) That he is an elector of the county of his residence
eligible to vote in the election in which he is a candidate;
(5) The name of the office he is seeking;
(6) That he is eligible to hold such office;
(7) That he has never been convicted and sentenced in any
court of competent jurisdiction for fraudulent violation of primary
or election laws, malfeasance in office, or felony involving moral
turpitude under the laws of this state or any other state or of the
United States, or that his civil rights have been restored; and
(8) That he will not knowingly violate this chapter or rules
and regulations adopted thereunder.
The affidavit shall contain such other information as may be
prescribed by the officer with whom the candidate files his notice
of candidacy.
1196
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) A paupers affidavit may be filed in lieu of paying the
qualifying fee otherwise required by this Code section and Code
Section 21-2-138. A candidate filing a paupers affidavit instead of
paying a qualifying fee shall under oath affirm his poverty and his
resulting inability to pay the qualifying fee otherwise required. To be
acceptable under this Code section, a paupers affidavit must show on
its face that the candidate has neither the assets nor the income to
pay the qualifying fee otherwise required.
Section 5. Said title is further amended by striking Code Section
21-2-135, relating to designation by candidate of specific office
sought, in its entirety and substituting in lieu thereof a new Code
Section 21-2-135 to read as follows:
21-2-135. (a) In the case of a public office having multiple
officeholders with the same title, each candidate shall, when qualify-
ing with his party in the case of a primary and when filing his notice of
candidacy in the case of an election and when filing his notice of
candidacy in the case of a nonpartisan primary, designate the specific
office he is seeking and name the person such candidate is seeking to
succeed and give such other appropriate designation as may be
required by the Secretary of State or election superintendent. The
designation of the specific office and the name of the person whom a
candidate is seeking to succeed in the case of a public office having
multiple officeholders shall be entered on the ballot and ballot labels
in such manner that in the ensuing primary or election such candidate
shall only oppose the other candidate or candidates, if any, who
designated the same specific office and the same name.
(b) In the case of the office of judge of a state court, judge of a
superior court, Judge of the Court of Appeals, and Justice of the
Supreme Court, the name of the person such candidate is seeking to
succeed and such other designation as may be required by the
Secretary of State or election superintendent shall be included in the
title of the office on the ballot in all nonpartisan primaries and
elections.
Section 6. Said title is further amended by striking Code Section
21-2-138, relating to nonpartisan election procedures, in its entirety
and substituting in lieu thereof a new Code Section 21-2-138 to read
as follows:
GEORGIA LAWS 1983 SESSION
1197
21-2-138. The names of all candidates who have qualified with
the Secretary of State for the office of judge of a superior court, Judge
of the Court of Appeals, and Justice of the Supreme Court of this
state and the names of all candidates who have qualified with the
election superintendent for the office of judge of a state court shall be
placed on the ballot in a nonpartisan primary to be held and con-
ducted jointly with the general primary in each even-numbered year.
The names of candidates nominated in such nonpartisan primary
shall be placed on the official ballot in the nonpartisan election which
shall be held and conducted jointly with the regular general election
in each even-numbered year. No candidates for any such office shall
be nominated by a political party or by a petition as a candidate of a
political body or as an independent candidate. In a nonpartisan
primary, candidates for any such office shall have their names placed
on the nonpartisan portion of each political party ballot by complying
with the requirements prescribed in Code Section 21-2-132 specifi-
cally related to such nonpartisan candidates and by paying the
requisite qualifying fees as prescribed in Code Section 21-2-131.
Candidates shall be listed on the official ballot in a nonpartisan
primary and in a nonpartisan election as provided in Code Sections
21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified
in this chapter, the procedures to be employed in conducting the
nonpartisan primary and nonpartisan election of judges of state
courts, judges of superior courts, Judges of the Court of Appeals, and
Justices of the Supreme Court shall conform as nearly as practicable
to the procedures governing general primaries and general elections;
and such general primary and general election procedures as are
necessary to complete this nonpartisan election process shall be
adopted in a manner consistent with such nonpartisan primaries and
nonpartisan elections.
Section 7. Said title is further amended by adding at the end of
Part 1 of Article 4 of Chapter 2, relating to nonpartisan elections to
fill county offices and offices of local school boards and school
superintendents, a new Code Section 21-2-139 to read as follows:
21-2-139. Notwithstanding any other provisions of this chapter
to the contrary, the General Assembly may provide by local Act for
the nomination and election in nonpartisan primaries and elections of
candidates to fill county offices and offices of local school boards and
school superintendents which are filled by the vote of the electors of
said county or political subdivision. The procedures to be employed
in such nonpartisan primaries and elections shall conform as nearly as
1198
GENERAL ACTS AND RESOLUTIONS, VOL. I
practicable to the procedures governing nonpartisan primaries and
nonpartisan elections as provided in this chapter. The election proce-
dures established by any existing local law which provides for the
nonpartisan nomination and election of candidates to fill county
offices shall conform to the general procedures governing nonpartisan
primaries and nonpartisan elections as provided in this chapter, and
such nonpartisan primaries and nonpartisan elections shall be con-
ducted in accordance with the applicable provisions of this chapter,
notwithstanding the provisions of any existing local law.
Section 8. Said title is further amended by striking Code Section
21-2-150, relating to the date of the general primary, in its entirety
and substituting in lieu thereof a new Code Section 21-2-150 to read
as follows:
21-2-150. (a) Whenever any political party holds a primary to
nominate candidates for public offices to be filled in the ensuing
November election, such primary shall be held on the second Tuesday
in August in each even-numbered year, except as provided in subsec-
tion (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate
candidates for the office of judge of the state court, judge of the
superior court, Judge of the Court of Appeals, and Justice of the
Supreme Court to be filled in the ensuing November election, such
primary shall be held jointly with the political primaries on the
second Tuesday in August in each even-numbered year, except as
provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the
national convention of either the political party whose candidates
received the highest number of votes or the political party whose
candidates received the next highest number of votes in the last
presidential election, the general primary shall be conducted on the
first Tuesday in August of such year. This subsection shall not apply
unless the date of the convention of the political party is announced
by the political party prior to May 1 of the year in which the general
primary is conducted.
Section 9. Said title is further amended by striking Code Section
21-2-151, relating to the authorization for a political party to nomi-
nate candidates for public office by primary, in its entirety and
substituting in lieu thereof a new Code Section 21-2-151 to read as
follows:
GEORGIA LAWS 1983 SESSION
1199
21-2-151. (a) A political party may elect its officials and shall
nominate its candidates for public office in a primary. Except for
substitute nominations as provided in Code Section 21-2-134 and
nomination of presidential electors, all nominees of a political party
for public office shall be nominated in the primary preceding the
general election in which the candidates names will be listed on the
ballot.
(b) Candidates for the office of judge of the state courts, judge of
the superior courts, Judge of the Court of Appeals, and Justice of the
Supreme Court shall be nominated in a nonpartisan primary. Candi-
dates seeking nomination to such judicial offices shall be nominated
in the nonpartisan primary preceding the nonpartisan election in
which the candidates names will be listed on the ballot.
(c) The primary held for such purposes shall be conducted by
the superintendent in the same manner as prescribed by law and by
rules and regulations of the State Election Board and the superinten-
dent for general elections. Primaries of all political parties and all
nonpartisan primaries shall be conducted jointly.
Section 10. Said title is further amended by striking Code
Section 21-2-155, relating to reopening of qualification for office in
event of death of candidate, in its entirety and substituting in lieu
thereof a new Code Section 21-2-155 to read as follows:
21-2-155. (a) In the event of the death of a candidate prior to
the date of a political party primary, the state executive committee or
other committee of the party authorized by party rule may reopen
qualification for the office sought by the deceased candidate for a
period of not less than one nor more than three days.
(b) In the event of the death of a candidate prior to the date of a
nonpartisan primary, the Secretary of State shall reopen qualifica-
tions for the state office and the election superintendent shall reopen
qualifications for the county office sought by the deceased candidate
for a period of not less than one nor more than three days. Any
vacancy occurring in any nomination filled by a nonpartisan primary
by reason of the death, disqualification, or withdrawal of any candi-
date therefor, occurring after nomination but before the date of the
nonpartisan election shall be filled by substitute nomination made by
a special nonpartisan primary. The Secretary of State or election
superintendent, as the case may be, shall, upon actual knowledge of
the death or disqualification of a candidate or upon written notice of
1200
GENERAL ACTS AND RESOLUTIONS, VOL. I
withdrawal by the candidate, issue the call for the special nonpartisan
primary and nonpartisan election in accordance with the appropriate
general procedures outlined in subsections (b) and (c) of Code Section
21-2-134 even though such office may be a state-wide office.
Section 11. Said title is further amended by adding a new Code
Section 21-2-284.1 immediately following Code Section 21-2-284 to
read as follows:
21-2-284.1. The names of all candidates seeking nomination in
the nonpartisan primary for the office of judge of a state court, judge
of a superior court, Judge of the Court of Appeals, and Justice of the
Supreme Court shall be printed on the ballot of each political party;
and insofar as practicable such offices to be filled in a nonpartisan
primary shall be separated from the names of political party candi-
dates by being listed last on each political party ballot, with the top of
that portion of the ballot relating to the nonpartisan primary for
judges to have printed in prominent type the words OFFICIAL
NONPARTISAN PRIMARY BALLOT. Immediately under this
caption the following directions shall be printed: Place a cross (X) or
check () mark in the square opposite the name of each nonpartisan
candidate for whom you choose to vote. If you spoil your ballot, do
not erase, but ask for a new ballot. Use only pen or pencil. Immedi-
ately under the directions, the names of the nonpartisan candidates
shall in all cases be arranged under the title of the office for which
they are candidates and be printed thereunder in alphabetical order.
No party designation or affiliation shall appear beside the name of
any candidate for nonpartisan office. The incumbency of a nonparti-
san candidate seeking nomination for the public office he then holds
shall be indicated on the ballots by printing the word Incumbent
beside his name. Under the title of each office shall be placed a
direction as to the number of nonpartisan candidates to be voted for.
The votes cast for each nonpartisan candidate listed on all political
party ballots shall be combined to determine the total number of
votes received by each candidate in the nonpartisan primary. In the
event that a candidate in such nonpartisan primary does not receive a
majority of the total votes cast for such office, there shall be a
nonpartisan primary runoff between the candidates receiving the two
highest numbers of votes for such office; and the names of such
candidates shall be placed on each political party ballot at the general
primary runoff in the same nonpartisan portion as prescribed in this
Code section. If no political party runoff is required, the form of the
ballot for the nonpartisan primary runoff shall be prescribed by the
GEORGIA LAWS 1983 SESSION
1201
Secretary of State or election superintendent in essentially the same
format prescribed for nonpartisan primaries. The candidate receiv-
ing a majority of the total votes cast in the nonpartisan primary or the
candidate receiving the highest number of votes cast in the nonparti-
san primary runoff shall be the only candidate for such office to have
his name placed on the nonpartisan election ballot, and such person
may be referred to as the nominee for such office or as the candidate
nominated for such office.
Section 12. Said title is further amended by adding a new Code
Section 21-2-285.1 immediately following Code Section 21-2-285 to
read as follows:
21-2-285.1. The names of all candidates nominated in the
nonpartisan primary for the office of judge of a state court, judge of a
superior court, Judge of the Court of Appeals, and Justice of the
Supreme Court shall be printed on each official election ballot; and
insofar as practicable such offices to be filled in the nonpartisan
election shall be separated from the names of candidates for other
offices by being listed last on each ballot, with the top of that portion
of each official election ballot relating to the nonpartisan election of
judges to have printed in prominent type the words OFFICIAL
NONPARTISAN ELECTION BALLOT. Immediately under this
caption the following directions shall be printed: Place a cross (X) or
check if/) mark in the square opposite the name of each nonpartisan
candidate for whom you choose to vote. To vote for a person whose
name is not on the ballot, manually write his name, accompanied by
the title of the office involved, in the write-in column. If you spoil
your ballot, do not erase, but ask for a new ballot. Use only pen or
pencil. Immediately under the directions, the name of each nonparti-
san candidate shall be arranged under the title of the office for which
such candidate was nominated in the official nonpartisan primary.
No party designation or affiliation shall appear beside the name of
any candidate for nonpartisan office. An appropriate space shall also
be placed on the ballot for the casting of write-in votes for such
offices. In the event that no candidate in such nonpartisan election
receives a majority of the total votes cast for such office, there shall be
a nonpartisan election runoff between the candidates receiving the
two highest numbers of votes; and the names of such candidates shall
be placed on the official ballot at the general election runoff in the
same manner as prescribed in this Code section for the nonpartisan
election. In the event that only nonpartisan candidates for judges are
to be placed on a run-off ballot, the form of the ballot shall be as
1202
GENERAL ACTS AND RESOLUTIONS, VOL. I
prescribed by the Secretary of State or election superintendent in
essentially the same format as prescribed for the nonpartisan election
of judges. The candidate having a majority of the votes cast in the
nonpartisan election or the candidate receiving the highest number of
votes cast in the nonpartisan election runoff shall be declared duly
elected to such office.
Section 13. Said title is further amended by striking subsections
(g), (h), and (i) of Code Section 21-2-325, relating to the form of ballot
labels, in their entirety and substituting in lieu thereof new subsec-
tions (g), (h), and (i) to read as follows:
(g) The names of all candidates of a party or body shall appear
in the same row or column, and no other names shall appear in the
same row or column, to the left or top of which shall be a straight
party or body lever by means of which an elector may, in one
operation, vote for all the candidates of that party or body for every
office to be voted for, with the exception of candidates for the offices
of presidential electors. The names of candidates and independent
candidates shall be arranged under or opposite the title of the office
for which they are candidates and shall appear in the order prescribed
by subsection (c) and the second sentence of subsection (e) of Code
Section 21-2-285. The rows or columns occupied by the candidates of
political parties and bodies shall be arranged according to the priority
prescribed by subsection (c) of Code Section 21-2-285. When voting
machines are used on which the titles of offices are arranged horizon-
tally, the names of all candidates for the same office shall appear
within the same vertical lines. The names of all candidates for the
office of judge of a state court, judge of a superior court, Judge of the
Court of Appeals, and Justice of the Supreme Court shall appear on a
separate portion of the voting machine in the form and arrangement
prescribed in Code Section 21-2-285.1 insofar as practicable. At the
top of the separate portion shall be printed in prominent type the
words OFFICIAL NONPARTISAN ELECTION BALLOT.
(h) In primaries, the ballot labels containing the names of candi-
dates seeking nomination by a political party shall be segregated on
the face of the machine in adjacent rows or columns by parties, the
priority of such political parties on the ballot labels to be determined
in the order prescribed by subsection (c) of Code Section 21-2-285. In
nonpartisan primaries, the ballot labels shall include a separate
portion for the names of candidates seeking election in a nonpartisan
primary for state and county judicial offices and the heading and
GEORGIA LAWS 1983 SESSION
1203
arrangement of such candidates shall be as prescribed by Code
Section 21-2-284.1 insofar as practicable. At the top of the separate
portion shall be printed in prominent type the words OFFICIAL
NONPARTISAN PRIMARY BALLOT.
(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 and the names of all candidates seeking
nomination in a nonpartisan primary for state and county judicial
offices, the superintendent may arrange for the names of all the
candidates seeking nomination in any one political party to be placed
on separate voting machines; provided, however, that the names of all
candidates seeking nomination in a nonpartisan primary for state and
county judicial offices shall appear on all machines.
Section 14. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
CRIMINAL BONDS AND RECOGNIZANCES
FORFEITURE PROCEEDINGS.
Code Title 17, Chapter 6 Amended.
No. 498 (House Bill No. 326).
AN ACT
To amend Article 3 of Chapter 6 of Title 17 of the Official Code of
Georgia Annotated, relating to forfeiture proceedings for bonds or
recognizances, so as to repeal certain provisions relating to institution
of forfeiture proceedings generally; to provide that notice of hearings
on execution of a bond forfeiture shall be by first-class mail; to
provide that, if a defendant has not been brought to trial within three
years, no judgment of forfeiture may be enforced against the surety on
1204
GENERAL ACTS AND RESOLUTIONS, VOL. I
the bond; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 3 of Chapter 6 of Title 17 of the Official Code
of Georgia Annotated, relating to forfeiture proceedings for bonds or
recognizances, is amended by repealing Code Section 17-6-70, relat-
ing to institution of forfeiture proceedings generally, as enacted by an
Act approved April 16,1982 (Ga. L. 1982, p. 1658), and redesignated
as Code Section 17-6-70.1 by HB 3 of the 1983 session of the General
Assembly, which reads as follows:
17-6-70.1. 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.,
in its entirety.
Section 2. Said article is further amended by striking in its
entirety subsection (a) of Code Section 17-6-71, relating to hearings
on executions of bond forfeitures, and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) The judge shall upon the failure to appear set an execution
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 first-class mail by the clerk of court to the principal and to
each surety at the addresses given on the bond.
Section 3. Said article is further amended by striking in its
entirety subsection (d) of Code Section 17-6-72, relating to the time at
which a judgment of forfeiture shall be entered, as enacted by an Act
approved April 16, 1982 (Ga. L. 1982, p. 1658), and redesignated as
subsection (c) by HB 3 of the 1983 session of the General Assembly,
which reads as follows:
(c) 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.,
GEORGIA LAWS 1983 SESSION
1205
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) If the prosecution does not try the charges against a defend-
ant within a period of three years after the date of posting bond, no
judgment rendered after such period decreeing the forfeiture of the
appearance bond may be enforced against the surety on the bond.
This provision shall not apply where the prosecutions failure to try
the charges is due to the fault of the defendant.
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 29,1983.
GENERAL ASSEMBLY LIMITATION ON
PASSAGE OF POPULATION BILLS.
Code Section 28-1-14 Enacted.
No. 499 (House Bill No. 374).
AN ACT
To provide for legislative intent; to amend Chapter 1 of Title 28 of
the Official Code of Georgia Annotated, relating to general provisions
regarding the General Assembly, so as to define population bill and
to prohibit the General Assembly from passing any population bill,
with certain exceptions; to provide for other requirements for Acts
classifying on the basis of population; to provide a definition; to
provide for authority; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
1206
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article III, Section VI, Paragraph IV, subpara-
graph (b) of the Constitution of the State of Georgia.
Section 2. Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions regarding the General
Assembly, is amended by adding at the end thereof a new Code
Section 28-1-14 to read as follows:
28-1-14. (a) This Code section is passed pursuant to the
authority of Article III, Section VI, Paragraph IV, subparagraph (b)
of the Constitution, and no population bill shall be passed and no bill
using classification by population as a means of determining the
applicability of any bill or law to any political subdivision or group of
political subdivisions may expressly or impliedly amend, modify,
supersede, or repeal this Code section.
(b) As used in subsection (c) of this Code section, political
subdivision means any county, municipality, county school district,
independent school district, judicial circuit, militia district, or any
other geographical area of the state which does not include the entire
area of the state.
(c) Except as provided in this subsection, population bill means
any bill using classification by population as a means of determining
the applicability of any bill or law to any political subdivision or group
of political subdivisions of the state. Population bill shall not
include the following:
(1) A bill applicable to one specified type of political subdi-
vision and containing a combination of population classifications
which includes the population of, without necessarily being appli-
cable to, all political subdivisions of the type specified, including
but not limited to state-wide minimum salary bills for county
officers;
(2) A bill classifying political subdivisions having less than a
specified population;
(3) A bill classifying political subdivisions having more than
a specified population;
GEORGIA LAWS 1983 SESSION
1207
(4) A bill classifying on the basis of the population of
standard metropolitan statistical areas;
(5) A bill amending a law which classifies political subdivi-
sions on the basis of population if that amendment merely changes
the population classification of such law so as to permit that law to
remain applicable to those political subdivisions to which that law
was applicable immediately prior to the time the most recent
census figures became applicable to those political subdivisions; or
(6) A bill repealing a law which classifies on the basis of
population.
(d) Nothing in this Code section shall be construed to invalidate
any judicially imposed requirements for Acts classifying on the basis
of population.
Section 3. This Act shall become effective July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
ELECTED CONSTITUTIONAL OFFICERS
PROCEDURES WHEN TEMPORARILY DISABLED.
Code Title 45, Chapter 5A Enacted.
No. 500 (House Bill No. 424).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, so as to provide for the
exercise of the powers of an elected constitutional executive office
1208
GENERAL ACTS AND RESOLUTIONS, VOL. I
during the period of temporary disability of the person holding such
office; to provide for intent; to provide for the appointment and
confirmation of persons exercising the powers of certain elected
constitutional executive officers during periods of temporary disabil-
ity of such officers; to provide procedures for the determination of
temporary disability of elected constitutional executive officers and
when such disability has ended; to provide for the compensation of
persons exercising the powers of an elected constitutional executive
office during the period of temporary disability of the person holding
such office; to prohibit an elected constitutional executive officer
from receiving the compensation for such office during periods of
temporary disability under certain circumstances; to repeal Article 3
of Chapter 15 of Title 45 of the Official Code of Georgia Annotated,
relating to removal of the Attorney General for incapacity; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article V, Section IV, Paragraph III of the
Constitution of the State of Georgia.
Section 2. Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, is amended by adding
between Chapters 5 and 6 a new chapter, to be designated Chapter
5A, to read as follows:
CHAPTER 5A
45-5A-1. If, after hearing the evidence on the disability of an
elected constitutional executive officer pursuant to Article V, Section
IV of the Constitution of Georgia, the Supreme Court determines that
such officer has a temporary disability, such court shall certify to the
elected constitutional executive officers filing the petition that such
executive officer has a temporary disability which prevents such of-
ficer from performing the duties of office.
45-5A-2. In case of the temporary disability of the Governor, the
Lieutenant Governor shall exercise the powers and duties of the
Governor as provided in Article V, Section I, Paragraph V of the
Constitution of Georgia until such time as the temporary disability of
GEORGIA LAWS 1983 SESSION
1209
the Governor ends. The Lieutenant Governor shall receive the same
compensation as the Governor until such time as the temporary
disability of the Governor ends.
45-5A-3. In case of the temporary disability of the Lieutenant
Governor, the President Pro Tempore of the Senate shall exercise the
powers and duties of the Lieutenant Governor and receive the same
compensation as the Lieutenant Governor until such time as the
temporary disability of the Lieutenant Governor ends.
45-5A-4. (a) In case of the temporary disability of the Secre-
tary of State, the Attorney General, the State School Superintendent,
the Insurance Commissioner, the Commissioner of Agriculture, or the
Commissioner of Labor, the Governor shall appoint a person to
perform the duties of such elected constitutional executive officer
until such time as the temporary disability of such officer ends.
(b) The person appointed to perform the duties of an elected
constitutional executive officer as provided in subsection (a) of this
Code section shall have the qualifications to hold such office, shall
give bond with good security if required of a person elected to such
office, and shall take the oath of office. The person appointed to serve
in the office of an incapacitated elected constitutional executive
officer named in subsection (a) of this Code section shall be subject to
the confirmation of the Senate if the Senate is in session at the time of
his appointment or convenes in session prior to the expiration of his
appointment. Any such appointment made at times when the Senate
is not in session shall be effective ad interim. The person appointed
to perform the duties of an elected constitutional executive officer
shall be authorized to perform every act and exercise every preroga-
tive and discretion that a person holding such office is authorized to
perform or exercise under existing law. Such person shall be entitled
to receive the compensation as may be provided by law for such office
during the period of incapacity of the elected constitutional executive
officer.
45-5A-5. (a) The Supreme Court shall determine when the
temporary disability of an elected constitutional executive officer has
ended and when the officer shall resume the exercise of the powers of
office. The Supreme Court may hold hearings for such purpose.
(b) Upon the Supreme Court certifying that the disability of an
elected constitutional executive officer has ended, the appointment of
1210
GENERAL ACTS AND RESOLUTIONS, VOL. I
the person performing the duties of such officer shall terminate. The
elected constitutional executive officer shall thereafter assume and
perform the duties of his office.
45-5A-6. Whenever an elected constitutional executive officer is
unable to exercise the duties of office due to a temporary disability
and another person exercises the duties of office as provided in this
chapter, during the period of disability the elected constitutional
executive officer shall be entitled to receive the compensation as may
be provided by law for such office.
Section 3. Article 3 of Chapter 15 of Title 45 of the Official Code
of Georgia Annotated, relating to removal of the Attorney General for
incapacity, is repealed in its entirety.
Section 4. This Act shall become effective July 1,1983.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
SUPERIOR COURTS FILING FEES.
Code Section 15-6-77 Amended.
No. 501 (House Bill No. 12).
AN ACT
To amend Code Section 15-6-77 of the Official Code of Georgia
Annotated, relating to certain filing fees charged by superior courts,
so as to change certain fees; to provide an effective date; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1211
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 certain filing fees charged by superior courts, is
amended by striking paragraphs (5), (6), and (7) of subsection (c) of
said Code section in their entirety and inserting in lieu thereof new
paragraphs (5), (6), and (7) to read as follows:
(5) Filing and indexing financing statements, or any
amendment thereto, and for stamping a
copy furnished by the secured party to
show the date and place of filing for an
original or a continuation statement, as
provided in Code Section 11-9-403, first
page........................... 3.50
Each page, after the first................50
No fee shall be charged for filing a termination of
a financing statement, as provided in
Code Section 11-9-404, when the origi-
nal financing statement was filed subse-
quent to July 1, 1981. No fee shall be
charged for filing an assignment that is
indicated on the original financing
statement, as provided in Code Section
11-9-405.
(6) Filing and indexing release of collateral, as pro-
vided in Code Section 11-9-406, filing
and indexing an assignment of security
interest, as provided in Code Section 11-
9-405(2), and filing of succeeding contin-
uation statement, as provided in Code
Section 11-9-403(3), first page...................... 3.50
Each page, after the first........................50
(7) Providing copy of any document filed under Arti-
cle 9 of Title 11, per page....................75
1212
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
COUNTY TREASURERS MANNER OF ELECTION
TERMS OF OFFICE.
Code Section 36-6-1 Amended.
No. 502 (House Bill No. 18).
AN ACT
To amend Code Section 36-6-1 of the Official Code of Georgia
Annotated, relating to the qualifications of county treasurers, so as to
provide that county treasurers shall be elected and commissioned in
the same manner and at the same time as clerks of the superior courts
and shall hold their offices for terms of four years; to provide that the
General Assembly, by local law, may abolish the office of county
treasurer in any county and may fix the compensation of the county
treasurer; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 36-6-1 of the Official Code of Georgia
Annotated, relating to the qualifications of county treasurers, is
amended by designating the present language of said Code section as
subsection (a) thereof and by adding at the end thereof a new
subsection (b) to read as follows:
(b) County treasurers shall be elected and commissioned in the
same manner and at the same time as clerks of the superior courts and
GEORGIA LAWS 1983 SESSION
1213
shall hold their offices for terms of four years. The General Assembly,
by local law, may abolish the office of county treasurer in any county
and may fix the compensation of the county treasurer.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
JEKYLL ISLAND STATE PARK AUTHORITY
AUTHORIZED TO SELL ALCOHOLIC BEVERAGES.
Code Section 12-3-235 Amended.
No. 503 (House Bill No. 278).
AN ACT
To amend Code Section 12-3-235 of the Official Code of Georgia
Annotated, relating to the powers of the Jekyll Island State Park
Authority generally, so as to authorize the park authority to sell
alcoholic beverages for consumption on the premises only upon
certain property operated and controlled by the park authority after
obtaining a license from the Department of Revenue; to 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 12-3-235 of the Official Code of
Georgia Annotated, relating to the powers of the Jekyll Island State
Park Authority generally, is amended by striking paragraph (21) in its
entirety and inserting in lieu thereof a new paragraph (21) to read as
follows:
(21) To do all things necessary or convenient to carry out the
powers expressly given in this part; and to do any and all other acts
1214
GENERAL ACTS AND RESOLUTIONS, VOL. I
and things which this part authorizes or requires to be done, whether
or not included in the general powers mentioned in this Code section
,99
9 9
and by adding at the end thereof a new paragraph (22) to read as
follows:
(22) To sell, upon obtaining a license from the Department of
Revenue, alcoholic beverages for consumption on the premises only
upon property operated and controlled by the authority and located
within the territorial limits of Jekyll Island, Georgia.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
MALT BEVERAGES LICENSE REQUIREMENTS FOR
MANUFACTURE, DISTRIBUTION AND SALE CHANGED.
Code Title 3, Chapter 5 Amended.
No. 504 (Senate Bill No. 1).
AN ACT
To amend Article 2 of Chapter 5 of Title 3 of the Official Code of
Georgia Annotated, relating to state license requirements and regula-
tions for the manufacture, distribution, and sale of malt beverages, so
as to provide for the distribution of malt beverages; to provide
definitions; to provide for purposes and policies; to provide for
designated territories; to provide for limitations on business interests;
to prohibit certain conduct; to provide for applicability; to provide for
GEORGIA LAWS 1983 SESSION
1215
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 2 of Chapter 5 of Title 3 of the Official Code of
Georgia Annotated, relating to state license requirements and regula-
tions for the manufacture, distribution, and sale of malt beverages, is
amended by striking Code Section 3-5-22, which reads as follows:
3-5-22. (a) No shipper, brewer, or importer may ship malt
beverages within or into the state without first obtaining a proper
license from the commissioner in the manner provided in this title.
(b) In addition to any required bond and such other documenta-
tion as may be required by the commissioner pursuant to this title,
each shipper shall submit with his application one label for each
brand of malt beverage to be shipped for the first time by the shipper
into the state.,
and inserting in lieu thereof the following:
3-5-22. Reserved.
Section 2. Said article is further amended by adding at the end
thereof new Code Sections 3-5-29, 3-5-30, 3-5-31, 3-5-32, 3-5-33, and
3-5-34 to read as follows:
3-5-29. As used in Code Sections 3-5-30 through 3-5-34, unless
the context clearly requires otherwise, the term agreement shall
mean a commercial relationship, not required to be evidenced in
writing, of definite or indefinite duration between a brewer and a malt
beverage wholesaler pursuant to which the wholesaler has been
authorized to distribute one or more of the brewers brands of malt
beverage.
3-5-30. (a) Code Sections 3-5-31 through 3-5-34 are promul-
gated pursuant to the authority granted to the state under the
provisions of the Twenty-first Amendment to the United States
Constitution and specifically for the following purposes and policies:
(1) To prohibit unfair business practices and to prevent any
one segment of the malt beverage industry to gain unfair advan-
tage over the other segments;
1216
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) To foster vigorous and healthy inter brand competition
in the malt beverage industry;
(3) To provide an orderly three-tier system for the distribu-
tion and sale of good quality malt beverages in the State of
Georgia;
(4) To promote the public health, safety, and welfare of the
people of the State of Georgia; and
(5) To provide a distribution system for malt beverages that
will facilitate the collection and accountability of state and local
excise taxes.
(b) The provisions of Code Sections 3-5-31 through 3-5-34 may
not be varied by separate agreement and any such attempt shall be
void and unenforceable as being violative of the public policy of this
state.
(c) The commissioner shall have the authority to promulgate
such regulations as are consistent with the stated policies of this
article.
3-5-31. (a) No shipper shall be permitted to ship beer into the
state without first obtaining a proper license from the commissioner
in the manner provided in this title.
(b) In addition to the bond required in Code Section 3-5-25.1
and such other documentation required by the commissioner pursu-
ant to this title, each shipper shall:
(1) Submit with his application one label for each brand of
beer to be shipped for the first time by the shipper into the state;
(2) Designate in the application for registration sales terri-
tories for each of its brands sold in Georgia; and
(3) Name one licensed wholesaler in each territory who,
within the territory, shall be the exclusive distributor of the brand
within the territory.
(c) Designations of wholesalers or wholesalers territories as
provided in this Code section shall be initially approved by the
GEORGIA LAWS 1983 SESSION
1217
commissioner and shall not be changed nor initially disapproved
except for cause. The commissioner shall determine cause after a
hearing under regulations promulgated by the commissioner for such
purposes.
3-5-32. No licensed registered brewer, broker, or importer
authorized to do business in this state nor any of his employees or
members of such brewers, brokers, or importers immediate family
shall have, own, or enjoy ownership interest in or partnership
arrangement with the business of any wholesaler or retailer licensee.
Cooperative advertising and incentive programs shall not be deemed
to constitute a partnership agreement.
3-5-33. No brewer, broker, or importer shall:
(1) Induce or coerce, or attempt to induce or coerce, any
wholesaler to accept delivery of any malt beverage which has not
been ordered or agreed upon by the wholesaler, provided that
recommendation, endorsement, exposition, persuasion, or argu-
ment shall not be deemed to constitute inducements, coercion, or
requirements prohibited by this Code section;
(2) Require a wholesaler to assent to any unreasonable
requirement, condition, understanding, or term of an agreement
limiting the wholesalers right to sell the product of any other
brewer, broker, or importer;
(3) Fix or maintain the price at which a wholesaler may
resell beer, whether by the terms or requirements imposed on the
wholesaler under an agreement or otherwise; or
(4) Require or prohibit any change in the management or
supervisory employees of a wholesaler unless the current or pro-
posed employees fail to meet essential, reasonable, and nondis-
criminatory requirements imposed by an agreements express
terms.
3-5-34. Code Sections 3-5-29 through 3-5-33 shall apply to desig-
nations in effect on or after July 1,1983.
Section 3. This Act shall become effective July 1,1983.
1218
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
SCHOOL BUS DRIVERS MINIMUM SALARIES
PRESCRIBED.
Code Section 20-2-187 Amended.
No. 505 (House Bill No. 297).
AN ACT
To amend Code Section 20-2-187 of the Official Code of Georgia
Annotated, relating to the amount and use of funds for pupil trans-
portation under the Adequate Program for Education in Georgia
Act, so as to change the provisions relating to minimum salaries for
school bus drivers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 20-2-187 of the Official Code of Georgia
Annotated, relating to the amount and use of funds for pupil trans-
portation under the Adequate Program for Education in Georgia
Act, is amended by striking subsection (b) in its entirety and
substituting in lieu thereof a new subsection (b) to read as follows:
(b) The state board shall establish a schedule of uniform mini-
mum salaries that shall be paid by local units to drivers of school
buses, regardless of type of ownership, which shall be not less than
$350.00 per month for 12 months. The minimum salary schedule shall
not apply to drivers of cars and other vehicles not designated as
school buses. County, area school, or independent systems shall not
pay to any bus driver in its employment a salary less than that
prescribed by the uniform minimum salary schedule but shall have
GEORGIA LAWS 1983 SESSION
1219
the authority to supplement the salary of a bus driver employed by
the county, area school, or independent system. The expense of
purchasing, maintaining, and operating such buses, regardless of type
of ownership, shall not be considered in establishing the schedule of
uniform minimum salaries for school bus drivers. The schedule of
uniform minimum salaries shall be used as a standard cost item for
the purpose of calculating the expense of pupil transportation under
subsection (a) of this Code section. This subsection shall not apply to
student or teacher drivers.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
COSMETOLOGISTS AND ESTHETICIANS
QUALIFICATIONS FOR LICENSING AND
REGISTRATION, ETC.
Code Title 43, Chapter 10 Amended.
No. 506 (House Bill No. 294).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia
Annotated, relating to cosmetologists, so as to change the definition
of the term cosmetologist; to define certain terms; to authorize the
board to issue certificates of registration for practice as a master
cosmetologist and certificates of registration for an esthetician and to
establish qualifications therefor; to change the provisions relating to
reciprocity; to change the provisions relating to teachers and instruc-
tors; to provide for matters relative to the foregoing; to provide an
effective date; to repeal conflicting laws; and for other purposes.
1220
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 10 of Title 43 of the Official Code of Georgia
Annotated, relating to cosmetologists, is amended by striking Code
Section 43-10-1, relating to definitions, in its entirety and substitut-
ing in lieu thereof a new Code Section 43-10-1 to read as follows:
43-10-1. As used in this chapter, the term:
(1) Beautician means cosmetologist as such term is
defined in this Code section.
(2) Beauty school, or beauty college, or school of cosme-
tology means any business entity that trains more than one
person for compensation in the occupation of cosmetology.
(3) Beauty shop or beauty salon means any premises
where one or more persons engage in the occupation of cosmetol-
ogy.
(4) Board means the State Board of Cosmetology.
(5) Cosmetologist means any person who performs any one
or more of the following services for compensation:
(A) Cuts or dresses the hair;
(B) Gives facial or scalp massage or facial and scalp
treatment with oils or creams and other preparations made
for this purpose, either by hand or mechanical appliance;
(C) Singes and shampoos the hair, dyes the hair, or
does permanent waving of the hair;
(D) Performs nail care, pedicure, or manicuring ser-
vices as defined in paragraph (7) of this Code section; or
(E) Performs the services of an esthetician as defined in
paragraph (6) of this Code section.
Such person shall be considered as practicing the occupation of a
cosmetologist within the meaning of this Code section.
GEORGIA LAWS 1983 SESSION
1221
(6) Esthetician or esthetics operator means a person who,
for compensation, engages in any one or a combination of the
following practices, esthetics, or cosmetic skin care:
(A) Massaging the face or neck of a person;
(B) Trimming eyebrows;
(C) Dyeing eyelashes or eyebrows; or
(D) Waxing, stimulating, cleansing, or beautifying the
face, neck, arms, or legs of a person by any method with the
aid of the hands or any mechanical or electrical apparatus or
by the use of a cosmetic preparation.
Such practices of esthetics shall not include the diagnosis, treat-
ment, or therapy of any dermatological condition.
(7) Manicurist means a person who, for compensation,
trims, files, shapes, decorates, applies sculptured or otherwise
artificial nails, or in any way cares for the nails of another person.
(8) Master cosmetologist means a cosmetologist who is
possessed of the requisite skill and knowledge to perform properly
all the services mentioned in paragraph (5) of this Code section for
compensation.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 43-10-2, relating to the State Board of Cosme-
tology, and inserting in lieu thereof a new Code Section 43-10-2 to
read as follows:
43-10-2. (a) There is created the State Board of Cosmetology.
The board shall consist of eight members who shall have been citizens
of the United States and residents of this state for at least five years
immediately prior to their appointment. The board shall have the
duty of carrying out and enforcing this chapter.
(b) Members of the board shall be at least 25 years of age and be
high school graduates; and five of such members must have had at
least five years of practical experience in the practice of cosmetology
at the master level, a portion of which must have been as a beauty
salon owner or manager. One member of the board must have had at
1222
GENERAL ACTS AND RESOLUTIONS, VOL. I
least five years of practical experience in the practice of cosmetology
at the esthetician level. One member of the board must have had at
least five years of practical experience as a manicurist.
(c) The board shall meet not more than 90 days each year for the
purpose of holding examinations, adopting rules and regulations, and
handling other matters pertaining to duties of the board.
(d) No member of the board shall be affiliated with any school of
cosmetology. One member shall not have any connection with the
practice or business of cosmetology whatsoever, but he shall have a
recognized interest in consumer affairs and in consumer protection
concerns. No member of the board shall be affiliated or connected in
any manner with any manufacturer or wholesale or jobbing house
dealing with supplies sold to practitioners of cosmetology while in
office.
(e) Board members shall be appointed by the Governor for a
term of three years and until their successors are appointed and
qualified. Vacancies shall be filled by the Governor for the unexpired
portion of the term. The board may do all things necessary for
carrying this chapter into effect and may, from time to time, promul-
gate necessary rules and regulations compatible with this chapter.
The Governor may remove any board member for cause.
(f) Each year the members shall elect a chairman from among
themselves. In the event the members cannot agree as to who shall be
chairman, the Governor shall appoint one of such members as chair-
man. The chairman so elected or appointed shall be eligible to
succeed himself. The members of the board shall be considered public
officers and shall take the oath required thereof.
(g) The board shall adopt a seal to be used to authenticate all its
official papers and acts and shall have power to subpoena witnesses,
administer oaths, and hear and take testimony in any matter over
which it may have jurisdiction.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 43-10-8, relating to certificates of registration,
and inserting in lieu thereof a new Code Section 43-10-8 to read as
follows:
GEORGIA LAWS 1983 SESSION
1223
43-10-8. (a) It shall be unlawful for any person to pursue the
occupation of cosmetology in this state unless he has first obtained
the appropriate certificate of registration as provided in this chapter.
(b) It shall be unlawful for any person to hold himself out as a
master cosmetologist without having first obtained the certificate of
registration for such. Such person shall be authorized to perform all
the services mentioned in paragraph (5) of Code Section 43-10-1.
Nothing in this chapter shall prohibit any person who holds a valid
master cosmetologist license in this state on the effective date of this
chapter from practicing at the master cosmetologist level as defined
in paragraph (5) of Code Section 43-10-1.
(c) Notwithstanding any other provision of this chapter, any
person desiring to perform solely cosmetic skin care services shall be
allowed to obtain a certificate of registration at the esthetician level,
which certifies that the holder thereof shall be authorized to perform
some or all of the services mentioned in paragraph (6) of Code Section
43-10-1. Any person who has actively engaged in the performance of
cosmetic skin care services for a period of two years on the effective
date of this Code section shall be eligible to receive a certificate of
esthetician level upon proper proof of experience, application, and
appropriate fee being submitted to the board on or before September
1,1983.
(d) Notwithstanding any other provisions of this chapter, any
person desiring to perform solely cosmetic nail care services shall be
allowed to obtain a certificate of registration at the manicurist level,
which certifies that the holder thereof shall be authorized to perform
some or all of the services mentioned in paragraph (7) of Code Section
43-10-1. Any person who has actively engaged in the performance of
nail care services for a period of one year on the effective date of this
Code section shall be eligible to receive a certificate of manicurist
level upon proper proof of experience, application, and appropriate
fee being submitted to the board on or before September 1,1983.
(e) It shall also be unlawful for any person or persons to operate
a beauty shop, beauty salon, beauty school, school of cosmetology, or
esthetician school without first having obtained a certificate of regis-
tration for such shop, salon, or school as provided in this chapter. Any
beauty shop, salon, school, or college shall register with the joint-
secretary of the state examining boards prior to opening.
1224
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) This chapter shall have uniform application throughout the
state so that no cosmetologist, beauty shop, beauty school, beauty
college, school of cosmetology, esthetician school, or nail care school
or shop shall be exempt from regulation.
Section 4. Said chapter is further amended by striking in its
entirety Code Section 43-10-9, relating to applications for certificates
of registration, and inserting in lieu thereof a new Code Section 43-10-
9 to read as follows:
43-10-9. (a) Any person desiring to obtain a certificate of
registration to enable him to engage in the occupation of cosmetology
shall make application through the joint-secretary to the board, shall
present proof that he has completed the ninth grade of school
instruction or its substantial equivalent, and shall satisfy the board
that he is free from infectious and contagious diseases. If, after
examination, it is determined that the applicant is above 18 years of
age; is of good moral character and free from contagious and infec-
tious diseases; has completed a 1500 credit hour study course at a
board approved school or has served as an apprentice in a beauty shop
or beauty salon for a period of at least 3000 credit hours; has practiced
or studied the occupation of cosmetology; is possessed of the requisite
skill in such occupation to perform properly all the duties of the
occupation, including his ability in the preparation of tools, in per-
forming the services mentioned in paragraph (5) of Code Section 43-
10-1 and in all the duties and services incident thereto; shall pay to
the joint-secretary an examination fee in such amount as shall be set
by the board by regulation; and shall present himself at the next
meeting of the board held for examination of applicants and shall
pass the examination, a certificate of registration shall be issued to
him entitling him to practice the occupation of master cosmetologist.
(b) Should an applicant under this Code section fail to pass such
an examination, the board shall furnish him a statement in writing,
stating wherein the applicant was deficient. Nothing in this chapter
shall be construed to prevent applicants from making subsequent
applications to qualify under this Code section, provided they again
pay the required examination fee.
(c) Any person making application for examination under this
Code section, if free from infectious and contagious diseases, shall be
allowed to practice the occupation of cosmetology until the next
meeting of the board held for the examination of applicants, which
GEORGIA LAWS 1983 SESSION
1225
examination such person is eligible to take. The board shall issue a
permit authorizing such person so to practice until such meeting.
Thereafter, no further such permit shall be renewed or issued to the
person to authorize such practice.
(d) Should an applicant have a current cosmetology license in
force from another state and have paid to the joint-secretary a fee in
such amount as shall be set by the board by regulation, the applicant
may be issued a certificate of registration at the appropriate level
entitling him or her to practice the occupation of a cosmetologist at
that level subject to the terms and provisions of this chapter.
(e) Any person desiring to obtain a certificate of registration at
the esthetician level under the terms of this chapter shall make
application through the joint-secretary to the board, shall present
proof that he has completed the ninth grade of school instruction or
its substantial equivalent, and shall satisfy the board that he is free
from infectious and contagious diseases. If, after examination, it is
determined that the applicant is above 18 years of age; is of good
moral character and free from contagious and infectious diseases; has
completed a 750 credit hour study course at a board approved school
or has served as an apprentice in a beauty shop or beauty salon for a
period of at least 1500 credit hours; has practiced or studied cosmetic
skin care as defined in paragraph (6) of Code Section 43-10-1; is
possessed of the requisite skill to perform properly these services;
shall pay to the joint-secretary an examination fee in such amount as
shall be set by the board by regulation; and shall present himself at
the next meeting of the board held for examination of applicants and
shall pass the examination, a certificate of registration shall be issued
to him entitling him to practice the occupation of cosmetology at the
esthetician level.
(f) Any person desiring to obtain a certificate of registration at
the manicurist level under the terms of this chapter shall make
application through the joint-secretary to the boards, shall present
proof that he has completed the ninth grade of school instruction or
its substantial equivalent, and shall satisfy the board that he is free
from infectious and contagious diseases. If, after examination, it is
determined that the applicant is above 18 years of age, is of good
moral character and free from contagious and infectious diseases, has
completed a 160 credit hour study course at a board approved school
or has served as an apprentice in a beauty shop or beauty salon under
the direction of a master cosmetologist for a period of at least 320
1226
GENERAL ACTS AND RESOLUTIONS, VOL. I
credit hours, has practiced or studied nail care, is possessed of the
requisite skill to perform properly these services, and the applicant
pays to the joint-secretary an examination fee in such amount as shall
be set by the board by regulation, presents himself at the next
meeting of the board held for examination of applicants, and passes
the examination, then a certificate of registration shall be issued to
him entitling him to practice the occupation of cosmetology at the
manicurist level.
(g) Nothing in this section shall be construed as preventing a
person from obtaining a certaificate of registration for the occupation
of cosmetology, at the master level, the esthetician level, or the
manicurist level if they obtain their credit hour study at a State Board
of Education approved school rather than a board-approved school.
Section 5. Said chapter is further amended by striking para-
graph (e) of Code Section 43-10-12, relating to the regulation of
beauty schools, colleges, and instructors, and inserting in lieu thereof
a new paragraph (e) to read as follows:
(e) (1) All teachers or instructors shall devote their entire
time to instruction of students. Any person desiring to teach or
instruct in any beauty school, beauty college, or school of cosme-
tology shall first file his application with the joint-secretary for a
license therefor and shall pay an examination fee in such amount
as shall be set by the board by regulation. Such person shall satisfy
the board that he holds a current cosmetology license at the
master level and also holds a diploma or certificate of 1500 credit
hours from a board approved school, or, in the case of a person
desiring to teach solely the area of cosmetic skin care, that he
holds a current estheticians certificate of registration and also
holds a diploma or certificate of 750 hours from a board approved
school, is a high school graduate, and has one years instruction
training in a registered cosmetology school. Such person shall also
pass an examination satisfactory to the board and, upon passage
thereof, shall receive a license to teach cosmetology at the appro-
priate level. Any person desiring to teach solely in the area of nail
care shall be required to comply with the requirements for instruc-
tion of cosmetology at the master cosmetology level.
(2) Any teacher or instructor shall renew his license to teach
cosmetology biennially by remitting with his application a renewal
fee in such amount as shall be set by the board by regulation;
GEORGIA LAWS 1983 SESSION
1227
provided, however, any teacher or instructor who fails to renew his
certificate of registration to practice as a cosmetologist biennially
on or before the thirty-first day of July shall automatically have
his license to teach or instruct revoked. A person failing to renew
his teachers license within two years after expiration shall be
required to qualify under this chapter for an examination for a
teachers license.
Section 6. Said chapter is further amended by striking in its
entirety Code Section 43-10-14, relating to the study of cosmetology
by persons over 16 years of age, and inserting in lieu thereof a new'
Code Section 43-10-14 to read as follows:
43-10-14. Nothing in this chapter shall prohibit any person at
least 16 years of age from learning the occupation of cosmetology
under a master cosmetologist, provided that such cosmetologist has
had at least 18 months experience and has held a license of a master
cosmetologist for at least 18 months. In addition, nothing in this
chapter shall prohibit any person at least 16 years of age from
learning the occupation of cosmetology under an instructor in a
beauty school, beauty college, or school of cosmetology who has been a
cosmetologist for a period of at least 18 months and has registered
under this chapter. Nothing in this chapter shall prohibit any person
at least 16 years of age from learning the occupation of esthetics under
a cosmetologist holding a master cosmetologist certificate, providing
said cosmetologist has had at least 18 months experience or has held
an esthetician certificate for at least 18 months, or under an instruc-
tor in a beauty school, college, school of cosmetology, or esthetician
school who has been a licensed cosmetologist for a period of at least 18
months, is qualified to teach said practices, and has registered under
this chapter. Every shop or school owner shall have the responsibility
for registering students and apprentices with the joint-secretary. The
shop or school owner shall file a statement in writing, showing the
students or apprentices name and the address of the school or shop.
The board shall have the authority to require the shop owner or
school owner to furnish to the board the number of hours completed
by the student or apprentice. The shop or school owner shall remit to
the joint-secretary a fee in such amount as shall be set by the board by
regulation for the registration of the student or apprentice. The
student or apprentice shall receive a certificate of registration
showing the capacity in which he is permitted to practice cosmetol-
ogy. The certificate of registration shall be effective for a period of
two years and may be renewed at the end of such period upon the
1228
GENERAL ACTS AND RESOLUTIONS, VOL. I
filing of an application on forms furnished by the joint-secretary and
the payment of a renewal fee in such amount as shall be set by the
board by regulation. A certificate of registration authorizing a person
to learn the occupation of cosmetology under a cosmetologist shall not
be renewed more than one time; and, upon the expiration of the last
certificate of registration issued, such person shall not be permitted to
practice in any capacity.
Section 7. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
GEORGIA RESIDENTIAL FINANCE AUTHORITY
ACT AMENDED.
GEORGIA SECONDARY MARKET CORPORATION
ACT REPEALED.
Code Title 8, Chapter 3 Amended.
No. 507 (House Bill No. 428).
AN ACT
To amend Article 3 of Chapter 3 of Title 8 of the Official Code of
Georgia Annotated, known as the Georgia Residential Finance
Authority Act, so as to change the membership of the authority; to
provide for legislative intent; to amend the definition of eligible
persons and families relating to retaining manpower resources essen-
tial to industrial and commercial operations and development in
certain areas; to alter the maximum authority for issuing bonds and
notes for the single-family residential housing program; to change the
language relating to use of facsimile signatures on bonds issued by the
GEORGIA LAWS 1983 SESSION
1229
authority; to repeal the Georgia Secondary Market Corporation
Act; to establish a secondary market program for residential housing
as a part of the Georgia Residential Finance Authority; to provide
additional definitions regarding the secondary market program for
residential housing; to provide additional powers regarding operation
of a secondary market program for residential housing; to provide
requirements regarding purchase of mortgages and participation
therein by the authority in relation to a secondary market program
for residential housing; to provide requirements for issuance and
validation of revenue bonds, notes, and securities by the authority
relating to a secondary market program for residential housing; to
provide for a maximum authority for securities issued relating to a
secondary market program for residential housing; to provide that
securities issued by the authority relating to a secondary market
program for residential housing shall be legal investments; to provide
that securities of the authority issued relating to a secondary market
program for residential housing shall not 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 subdivision of the state to levy or to pledge any form
of taxation or to make any appropriations for the payment of such
securities; to provide for payment of security proceeds, grants, and
revenues to a trustee; to provide for pledges by the authority of assets
and funds for payment of securities; to provide for a capital reserve
fund and for the administration thereof; to provide for the use of
proceeds and the interest therefrom; to provide for an exemption
from taxation; to provide for other matters relative to the foregoing;
to provide for an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. 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 paragraph (9) of subsection
(a) of Code Section 8-3-171, relating to legislative findings and intent,
in its entirety and inserting in lieu thereof new paragraphs (9), (10),
(11), and (12) to read as follows:
(9) That, in order to encourage the development and operation
of new family farms in Georgia, the establishment of the Georgia
Residential Finance Authority under this part is in the best interest
of all Georgians;
1230
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) That in certain areas of the state there exists an inadequate
supply of and critical need for safe and sanitary dwelling accommoda-
tions which would be necessary to retain or attract to such areas
qualified manpower resources, regardless of their incomes, essential
to industrial and commercial operations and development in such
areas, and therefore the establishment of the Georgia Residential
Finance Authority under this part is in the best interest of all
Georgians;
(11) That, in order to encourage the investment of private capital
and to encourage private enterprise to build and rehabilitate housing
to retain and attract such manpower resources referred to in para-
graph (10) of this subsection, provision should be made for mortgage
loans to qualified housing sponsors which, subject to regulation as to
rents, profits, dividends, and disposition of their property, will con-
struct and rehabilitate dwelling accommodations for such manpower
resources, regardless of their income;
(12) That, in order to provide funds for lending institutions to
facilitate the making of loans to persons, regardless of income, who
are determined eligible by the authority in accordance with standards
set by the authority to address the shortage of dwelling accommoda-
tions needed to retain or attract industrial or commercial operations
and development in certain areas of the state, provision should be
made for:
(A) Making loans to lending institutions so that such insti-
tutions may in turn make the loans described above;
(B) Purchasing such loans from lending institutions; and
(C) Otherwise financing the making of such loans by
lending institutions.
Section 2. Said article is further amended by striking subsection
(b) of Code Section 8-3-171, relating to legislative findings and intent,
in its entirety and inserting in lieu thereof a new subsection (b) to
read as follows:
(b) In accordance with the findings, determinations, and decla-
rations of subsection (a) of this Code section, it is determined that it is
a valid public purpose, as a matter of public health, safety, conve-
nience, and welfare, to assist in providing housing for such low or
GEORGIA LAWS 1983 SESSION
1231
moderate income families and persons who would otherwise be
unable to obtain adequate dwellings which they could afford and to
assist in developing the family farm unit to its full capabilities in
Georgia. Further, in accordance with the findings, determinations,
and declarations of subsection (a) of this Code section, it is deter-
mined that it is a valid public purpose, as a matter of public health,
safety, convenience, and welfare and as a means of developing and
stimulating commercial and industrial operations in certain areas of
the state, to assist in providing dwelling accommodations for persons,
regardless of income, who are determined eligible by the authority as
a means of addressing the housing shortage problem described in
paragraphs (10), (11), and (12) of subsection (a) of this Code section.
Section 3. Said article is further amended by striking paragraph
(7) of Code Section 8-3-172, relating to definitions, in its entirety and
inserting in lieu thereof a new paragraph (7) to read as follows:
(7) Eligible persons and families means:
(A) Persons and families in this state who do not have
sufficient income to afford to pay the amounts at which private
enterprise, without federally aided mortgages or state-aided mort-
gages, is providing a substantial supply of decent, safe, and
sanitary housing and who satisfy income limitations established
by the authority in administrative guidelines and procedures
established pursuant to the criteria set forth in subsection (c) of
Code Section 8-3-176;
(B) Persons and families in this state who because of their
age or physical disability or the age or physical disability of the
head of their household, as determined by the administrative
guidelines and procedures of the authority established pursuant
to the criteria set forth in subsection (c) of Code Section 8-3-176,
are in need of residential housing in a special location or of a
special design, or are in need of sanitary, decent, and safe residen-
tial housing; or
(C) Persons and families in this state who do not have
sufficient income to afford to pay the interest rates at which
private enterprise, without federally aided mortgages or state-
aided mortgages, is offering loans to the family farmer to purchase
land, housing, buildings, or equipment for the family farm and
who satisfy income limitations established by the authority in
1232
GENERAL ACTS AND RESOLUTIONS, VOL. I
administrative guidelines and procedures of the authority estab-
lished pursuant to the criteria set forth in subsection (c) of Code
Section 8-3-176, and who satisfy other criteria set out in this part
and in the rules of the authority.
Section 4. Said article is further amended by striking subsec-
tions (a) and (b) of Code Section 8-3-174, relating to the composition
of the authority, in their entirety and inserting in lieu thereof new
subsections (a) and (b) 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, a person from the executive branch of state government
who has been appointed by the Governor by executive order to
attend authority board meetings, to be counted in determining the
existence of a quorum, and to vote in his absence;
(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.
(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.
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 1983 SESSION
1233
Section 5. Said article is further amended by striking subsection
(d) of Code Section 8-3-175, relating to rules, regulations, and proce-
dures, in its entirety and inserting in lieu thereof a new subsection (d)
to read as follows:
(d) The authority shall maintain a system of accounts in
accordance with generally accepted accounting principles and stan-
dard accounting procedures and systems established by the state,
where applicable.
Section 6. Said article is further amended by striking paragraph
(8) of subsection (a) of Code Section 8-3-176, relating to powers of the
authority generally, in its entirety and inserting in lieu thereof a new
paragraph (8) to read as follows:
(8) To make loans, the repayment of which is secured by
mortgages or security interests; to participate in the making of
secured loans; to undertake commitments to make secured loans; to
acquire and contract to acquire mortgages or participations therein
from lending institutions, United States government corporations,
the Federal Home Loan Mortgage Corporation, the Federal National
Mortgage Association, or any federal or state agency; and to enter into
advance commitments to such organizations for the purchase of such
mortgages or participations;,
and by striking subparagraphs (E) and (F) of paragraph (14) of
subsection (a) of Code Section 8-3-176 in their entirety and inserting
in lieu thereof new subparagraphs (E) and (F) to read as follows:
(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 Corpora-
tion, and certificates of deposit of federal savings and loan associa-
tions and state building and loan associations located within the state
which have deposits insured by the Federal Savings and Loan Insur-
ance 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 such excess exists, shall be secured by
1234
GENERAL ACTS AND RESOLUTIONS, VOL. I
deposit with the Federal Reserve Bank of Atlanta, Georgia, the
Federal Home Loan 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;
(ii) Obligations of the United States or subsidiary corpora-
tions included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government
included in subparagraph (C) >f this paragraph; or
(iv) Bonds, obligations, or project notes of public housing
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 requirements 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 by striking paragraph (25) of subsection (a) of Code Section 8-3-
176, which reads 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;,
GEORGIA LAWS 1983 SESSION
1235
and inserting in lieu thereof the following:
(25) Reserved.,
and by striking in its entirety paragraph (27) of subsection (a) of Code
Section 8-3-176, which reads as follows:
(27) 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 services for the Georgia Secondary Market Corporation as
the authority deems desirable;,
and inserting in lieu thereof the following:
(27) Reserved.,
and by adding at the end of subsection (a) of Code Section 8-3-176
new paragraphs (30) and (31) to read as follows:
(30) To issue bonds and to purchase, make, or otherwise
finance mortgages on single-family and multifamily residential hous-
ing for the benefit of persons and families in this state, regardless of
their income, for whom, as determined by the administrative guide-
lines and procedures of the authority, construction of new or rehabili-
tated dwelling accommodations in some area or areas of this state
designated by the authority is necessary for the purpose of retaining
in or attracting to such area or areas qualified manpower resources
essential to industrial and commercial operations and development in
such area or areas. This power exists without consideration being
given to the income of the mortgagors notwithstanding any references
in the Georgia Residential Finance Authority Act, including defini-
tions contained therein, to low and moderate income requirements
applying to mortgagors benefiting from bond issues and from loans
made, purchased, or otherwise financed by the authority. This power
also shall be exempt from the geographic distribution requirements
contained in subsection (d) of Code Section 8-3-176;
(31) Subject to any agreement with bondholders, to invest
moneys of the authority not required for immediate use to carry out
the purposes of this part, including the proceeds from the sale of any
bonds and any moneys held in reserve funds, in obligations of the
1236
GENERAL ACTS AND RESOLUTIONS, VOL. I
types specified in paragraph (14) of this subsection by making or
entering into short sales, future and forward delivery contracts,
whether or not legally characterized as commodities, and arbitrage
transactions and option contracts, whether or not denominated as
standby commitments.
Section 7. Said article is further amended by striking subsection
(a) of Code Section 8-3-179, relating to the purchase of mortgages
generally, in its entirety and inserting in lieu thereof a new subsection
(a) to read as follows:
(a) With respect to the power set forth in paragraph (8) of
subsection (a) of Code Section 8-3-176 to purchase mortgages or
participations therein from lending institutions, the authority may
purchase mortgages from lending institutions within the State of
Georgia. A mortgage shall not be acquired under this part unless the
yield on its principal obligations meets the yield established by the
authority. The authority shall establish such yield, taking into consid-
eration, inter alia, the following:
(1) The cost to the authority in obtaining funds;
(2) Allowances to be made to a lending institution as a
service fee in acting as servicing agent in the administration and
collection of the mortgage;
(3) Administrative costs of the authority;
(4) Allowances for any necessary reserves of the authority;
and
(5) Rules of the Internal Revenue Service of the United
States.,
and by striking subsection (e) of Code Section 8-3-179 in its entirety
and inserting in lieu thereof a new subsection (e) to read as follows:
(e) The authority may make commitments to lending institu-
tions to purchase a mortgage or participation therein prior to the date
of its execution. The authority shall establish such fees as are
necessary to reimburse the authority for the administrative costs
incurred in connection with making commitments to purchase and in
purchasing mortgages or participations therein.,
GEORGIA LAWS 1983 SESSION
1237
and by deleting paragraph (5) of subsection (f) of Code Section 8-3-
179 in its entirety and inserting in lieu thereof a new paragraph (5) to
read as follows:
(5) That the mortgage constitutes a valid first lien, or a valid
second lien in the case of a mortgage securing a rehabilitation loan, on
the real property described to the authority, subject only to real
property taxes not yet due, installments of assessments not yet due,
and easements and restrictions of record which do not adversely
affect to a material degree the use or value of the real property or
improvements thereon;,
and by striking in its entirety paragraph (10) of subsection (f) of Code
Section 8-3-179, which reads as follows:
(10) That moneys received from the authority will be utilized for
mortgage loans to qualified housing sponsors or to eligible persons
and families in Georgia; that certification by the lending institution to
the effect that moneys have been reloaned will be filed with the
authority pursuant to the rules of the authority and will be available
to the members of the public and to members of the General Assem-
bly.
Section 8. Said article is further amended by striking paragraph
(2) of subsection (a) of Code Section 8-3-180, relating to the issuance
and validation of bonds, in its entirety and inserting in lieu thereof a
new paragraph (2) to read as follows:
(2) The authority shall not have outstanding at any one time
bonds and notes for its single-family residential housing program in
an aggregate principal amount exceeding $465 million, excluding
bonds and notes issued to refund outstanding bonds and notes.,
and by striking in their entirety paragraphs (5) and (6), which 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 multifamily residential housing program with the
funds, revenues, or proceeds derived from the issuance of bonds or
notes used to fund the family farm program.
1238
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 multifamily 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 multifamily residential housing programs.,
and by striking subsection (b) of Code Section 8-3-180 in its entirety
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The bonds of each issue shall be dated, shall bear interest at
such rate or rates as shall be set by the authority, payable sem-
iannually, shall mature at such time or times as the authority may
determine at the time of issue, shall be payable in such medium of
payment as to both principal and interest as may be determined by
the authority, and may be made redeemable before maturity, at the
option of the authority, at such price or prices and under such terms
and conditions as may be fixed by the authority in the resolution
providing for the issuance of bonds.,
and by striking subsection (d) of Code Section 8-3-180 in its entirety
and inserting in lieu thereof a new subsection (d) to read as follows:
(d) All such bonds shall be executed in the name of the author-
ity by the chairman and secretary of the authority and shall be sealed
with the official seal of the authority or a facsimile thereof. Coupons,
if any, shall be executed in the name of the authority by the chairman
of the authority. The facsimile signature of both the chairman and the
secretary of the authority may be imprinted in lieu of the manual
signature if the authority so directs, and the facsimile of the chair-
mans signature shall be used on any coupons. Bonds and any interest
coupons appurtenant thereto bearing the manual or facsimile signa-
ture of a person in office at the time such 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.
Section 9. Said article is further amended by striking Code
Section 8-3-184, relating to capital reserve funds, in its entirety and
inserting in lieu thereof a new Code Section 8-3-184 to read as follows:
GEORGIA LAWS 1983 SESSION
1239
8-3-184. The authority may create and establish one or more
special funds to secure the bonds issued under this part, to be known
as capital reserve funds, and pay into each such capital reserve fund:
(1) Any proceeds of sales of bonds to the extent provided in
the resolution of the authority authorizing the issuance thereof;
(2) Any moneys transferred into such fund by the authority
from any other fund authorized by this part, in such amounts and
at such times as the authority deems necessary for the purpose of
such funds; and
(3) Any other income or moneys made available to the au-
thority for the purposes of such fund from any other source or
sources.
Section 10. Said article is further amended by striking Part 2,
known as the Georgia Secondary Market Corporation Act, in its
entirety and inserting in lieu thereof a new Part 2 to read as follows:
Part 2
8-3-190. (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 and
inhibits the economic and industrial development and vitality of the
state. In order to supply the need in Georgia for residential mortgage
funds, it is necessary to implement a public program to make Georgia
residential mortgages more salable to sources of capital.
(b) The General Assembly declares that a mechanism is needed
whereby sufficient amounts of money may be made available to the
financial institutions of this state at reasonable rates to provide the
citizens of Georgia with adequate home mortgage money at affordable
rates with which to provide and encourage housing for economic
development.
1240
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The General Assembly finds that the seriousness of the
problems confronting the state requires access to capital markets by
the authority.
(d) The General Assembly further finds that all of the foregoing
are public purposes and uses for which moneys may be borrowed,
expended, advanced, loaned, or granted and that such activities serve
a public purpose in improving or otherwise benefiting the people of
the state, and that the enactment of this article is in the public
interest and is so declared as a matter of express legislative determi-
nation.
(e) The General Assembly declares that the purposes of this part
are to establish secondary market facilities for home mortgages and to
authorize such facilities to provide supplementary assistance to the
secondary market for home mortgages by providing a degree of
liquidity for mortgage investments, thereby improving the distribu-
tion of investment capital 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 decline materially threatens the stability of
a high level state economy.
(f) The General Assembly further finds that it is necessary and
in the public interest that the powers of the authority be further
expanded to authorize it to create, operate, fund, administer, and
maintain a secondary market program for home mortgages by provid-
ing an increased degree of liquidity for mortgage investments by the
states financial institutions, thereby improving the distribution and
availability of investment capital for use in home mortgage financing
for all Georgians, regardless of their income, and promoting the
economic well-being of the state through increased opportunity for
employment.
8-3-190.1. As used in this part, the term:
(1) Authority means the Georgia Residential Finance
Authority created by Code Section 8-3-173.
(2) Authorized officer means the chairman, vice-chairman,
treasurer, executive director, and secretary of the authority and
any other person authorized by resolution of the authority to act
as an authorized officer, which resolution shall be filed with the
trustee.
GEORGIA LAWS 1983 SESSION
1241
(3) Bonds means the bonds issued by the authority. Such
bonds may be limited or general obligations of the authority.
Wherever the word bond or bonds appears in this part, it shall
be deemed to include the word note or notes as defined in
paragraph (7) of this Code section.
(4) Georgia Financial Institution, mortgage lender, or
lending institution means any bank or trust company, savings
and loan association, savings bank, insurance company, or mort-
gage banker or mortgage broker authorized to deal in mortgages.
Such mortgage lender shall have a place of business in this state
and shall be authorized to do business in this state.
(5) Mortgage means a deed to secure debt covering a fee
simple or leasehold estate, which deed is accompanied by a
promissory note, the holder of which is either the authority or a
lending institution, where the debt is secured by real property
located in this state and either is improved by a residential
housing structure or is to be improved by a multifamily residential
housing structure, the construction of which is required by the
terms of said deed to secure debt or any associated documents.
(6) Mortgage pool or pool means a pool of mortgages
meeting the requirements established by the authority pursuant
to this part.
(7) Notes means the notes issued by the authority. Such
notes may be limited or general obligations of the authority.
(8) Residential housing means a specific work or improve-
ment within the state undertaken to provide dwelling accommo-
dations for a person or persons and a family or families and such
other community facilities as may be incidental or appurtenant
thereto as shall be approved by the authority.
(9) Secondary market program means a program for the
purchase or acceptance of a pledge from Georgia financial institu-
tions of mortgage loans, the revenues derived from mortgage loans
which are secured by liens on residential housing, or other securi-
ties acceptable to the authority.
(10) Securities means the bonds, notes, mortgage-backed
securities, straight pass-through securities, or modified pass-
1242
GENERAL ACTS AND RESOLUTIONS, VOL. I
through securities described in this part or other obligations
issued by the authority pursuant to this part.
8-3-191. In addition to all other powers, functions, duties, and
privileges vested in the authority, including without limitation those
set forth in Part 1 of Article 3 of Chapter 3 of Title 8, which are
expressly confirmed and made applicable to all undertakings of the
authority authorized by this part, the authority may exercise all
powers necessary to carry out its functions in any county or munici-
pality and, without limitation, may exercise any of the following
powers:
(1) To make and execute contracts and all other instru-
ments necessary or convenient for the exercise of its powers and
functions under this part;
(2) To borrow money and to issue notes, bonds, mortgage-
backed securities, straight pass-through securities, modified pass-
through securities, and other obligations, subject to the approval
of the Georgia State Financing and Investment Commission, and
to provide for the rights of the lenders or holders thereof;
(3) To make loans, the repayment of which is secured by
mortgages or security interests; to participate in the making of
secured loans; to undertake commitments to make secured loans;
to acquire and contract to acquire mortgages or participations
therein from lending institutions, the United States government,
federal corporations, the Federal Home Loan Mortgage Corpora-
tion, the Federal National Mortgage Association, or any federal or
state agency; and to enter into advance commitments to such
organizations for the purchase of such mortgages or partici-
pations;
(4) To sell mortgages and security interests at public or
private sale; to negotiate modifications or alterations in mortgages
and security interests; to foreclose on any mortgage or security
interest in default or commence any action to protect or enforce
any right conferred upon it by any law, mortgage, security agree-
ment, contract, or other agreement; to bid for and purchase
property which was the subject of such mortgage or security
interest at any foreclosure or at any other sale; to acquire or take
possession of any such property and, in the event that the author-
ity takes possession of any obligations incurred in connection with
GEORGIA LAWS 1983 SESSION
1243
such property, to administer, operate, manage, lease, dispose of,
and otherwise deal with such property in such manner as may be
necessary or desirable to protect the interests of the authority and
the holders of its notes, bonds, and other obligations;
(5) To collect fees and charges in connection with its loans,
commitments, and servicing, including but not limited to reim-
bursement of costs of financing as the authority shall determine to
be reasonable and as shall be approved by the authority;
(6) To make and execute contracts for the servicing of
mortgages made or acquired by the authority pursuant to this part
and to pay the reasonable values of services rendered to the
authority pursuant to those contracts;
(7) To accept gifts, grants, loans, or other aid from the
federal government or the state or any persons or corporations and
to agree and comply with any conditions attached to federal and
state financial assistance;
(8) Subject to any agreement with bondholders, to invest
moneys of the authority not required for immediate use to carry
out the purposes of this part, 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
guaranteed 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 gov-
ernment issued by the Federal Land Bank, the Federal Home
Loan Bank, the Federal Intermediate Credit, and the 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
bond principal and interest by a pledge of annual contribu-
1244
GENERAL ACTS AND RESOLUTIONS, VOL. I
tions under an annual contributions contract or contracts
with the United States government, or project notes issued by
any public housing agency, urban renewal agency, or munici-
pality 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 Corpora-
tion 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 deposi-
tory, custodian, or trustee for any such bond proceeds; pro-
vided, 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 Cor-
poration, if any such excess exists, shall be secured by deposit
with the Federal Reserve Bank of Atlanta, Georgia, the
Federal Home Loan 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;
(ii) Obligations of the United States or subsidiary
corporations included in subparagraph (B) of this para-
graph;
(iii) Obligations of agencies of the United States
government included in subparagraph (C) of this para-
graph; or
(iv) Bonds, obligations, or project notes of public
housing agencies, urban renewal agencies, or municipali-
ties included in subparagraph (D) of this paragraph; and
GEORGIA LAWS 1983 SESSION
1245
(F) Interest-bearing time deposits, repurchase agree-
ments, reverse repurchase agreements, rate guarantee agree-
ments, 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 aggregat-
ing 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 requirements 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;
(9) To acquire or contract to acquire from any person, firm,
corporation, municipality, or federal or state agency, by grant,
purchase or otherwise, leaseholds, real or personal property, or
any interest therein; and to sell, assign, exchange, transfer, convey,
lease, mortgage, or otherwise dispose of or encumber the same.
Nothing in this part shall be deemed to impede the operation and
effect of local zoning, building, and housing ordinances or ordi-
nances relating to the subdivision control, land development, or
fire prevention or other ordinances having to do with housing or
the development thereof;
(10) To invest any moneys held in debt service funds or
sinking funds, if any, not required for immediate use or disburse-
ment in obligations of the types specified in paragraph (8) of this
subsection, provided that, for the purposes of this paragraph, the
amounts and maturities of such obligations shall be based upon
and correlated to the debt service, principal installments and
interest payments, schedule for which such moneys are to be
applied;
(11) To use income earned on any investment authorized in
paragraph (8) of this subsection for such corporate purposes of the
authority as the authority in its discretion shall determine and
provide; and
1246
GENERAL ACTS AND RESOLUTIONS, VOL. I
(12) Subject to any agreement with security holders, moneys
of the authority not required for immediate use to carry out the
purposes of this part, including the proceeds from the sale of any
securities and any moneys held in reserve funds in connection with
investing funds in obligations of the types specified in paragraph
(8) of this subsection, to make or enter into short sales, future and
forward delivery contracts, whether or not legally characterized as
commodities, and arbitrage transactions and option contracts,
whether or not denominated as standby commitments.
8-3-192. (a) With respect to the power set forth in paragraph
(3) of Code Section 8-3-191 to purchase mortgages or participations
therein from lending institutions, the authority may purchase mort-
gages from lending institutions within the State of Georgia. A
mortgage shall not be acquired under this part unless the yield on its
principal obligations meets the yield established by the authority.
The authority shall establish such rates of interest, taking into
consideration, inter alia, the following:
(1) The cost to the authority in obtaining funds;
(2) Allowances to be made to a lending institution as a
service fee in acting as servicing agent in the administration and
collection of the mortgage;
(3) Administrative costs of the authority;
(4) Allowances for any necessary reserves of the authority;
and
(5) Rules of the Internal Revenue Service of the United
States.
(b) The authority may purchase participations in mortgages
from lending institutions within the state and shall make such rules as
will adequately secure the authority and its bondholders and its
noteholders with respect to the purchase of participations in mort-
gages.
(c) If the authority purchases a mortgage or a participation
therein from a lending institution, the lending institution may act as
servicing agent for the authority in the collection and administration
of the mortgage, subject to the rules established by the authority
under this part.
GEORGIA LAWS 1983 SESSION
1247
(d) The authority shall by rule fix the amount of the fee to be
paid a servicing agent for services in connection with a mortgage in
such amount as shall reimburse the servicing agent for performing
such services. The amount of such fee shall be deductible from any
interest payable and collected under the mortgage.
(e) The authority may make commitments to lending institu-
tions to purchase a mortgage or participation therein prior to the date
of its execution. The authority shall establish such fees as are neces-
sary to reimburse the authority for the administrative costs incurred
in connection with making commitments to purchase and in purchas-
ing mortgages or participations therein.
(f) The authority shall require, as a condition of purchase of any
mortgage from a lending institution, that the lending institution
represent and warrant to the authority:
(1) That the unpaid principal balance of the mortgage and
the interest rate thereon have been accurately stated to the
authority and that the interest rate and all service charges in
connection therewith are not usurious under the laws of Georgia;
(2) That the amount of the unpaid principal balance is
justly due and owing;
(3) That the lending institution has no notice of the exis-
tence of any counterclaim, offset, or defense asserted by the
mortgagor or his successor in interest;
(4) That necessary documents have been properly recorded
in the county in which the real estate lies;
(5) That the mortgage constitutes a valid first lien or a valid
second lien, in the case of a mortgage securing a rehabilitation
loan, on the real property described to the authority, subject only
to real property taxes not yet due, installments of assessments not
yet due, and easements and restrictions of record which do not
adversely affect to a material degree the use or value of the real
property or improvements thereon;
(6) That the mortgage loan when made was lawful under the
Georgia law or federal law, or both, whichever governed the
making of the loan, and would be lawful on the date of purchase by
1248
GENERAL ACTS AND RESOLUTIONS, VOL. I
the authority if made by a lending institution on that date in the
amount of the unpaid principal balance;
(7) That the mortgagor is not now in default in the payment
of any installment of principal or interest, escrow funds, real
property taxes, or otherwise in the performance of his obligations
under the mortgage documents and has not, to the knowledge of
the lending institution, been in default in the performance of any
such obligation for a period of longer than 60 days during the life
of the mortgage;
(8) That the mortgage agreement requires that the
improvements to the mortgaged real property be covered by a
valid and subsisting policy of insurance issued by a responsible
insurance company legally licensed and authorized to conduct and
transact business in this state and providing fire and extended
coverage to an amount not less than 80 percent of the insurable
value of the improvements to the mortgaged real property or in
the amount of the mortgage, whichever the authority may deter-
mine; and
(9) That the insurance coverage referred to in paragraph (8)
of this subsection is in full force and effect.
(g) Each lending institution shall be liable to the authority for
any damages suffered by the authority by reason of the untruth of any
representation or the breach of any warranty and, in the event that
any representation shall prove to be untrue when made or in the event
of any breach of warranty, the lending institution shall, at the option
of the authority, repurchase the mortgage for the original purchase
price adjusted for amounts subsequently paid thereon, as the author-
ity may determine.
(h) The authority may require the recording of an assignment of
any mortgage purchased by it from a lending institution pursuant to
this Code section. The authority shall not be required to take posses-
sion of the mortgage documents if the lending institution from which
the mortgage is purchased by the authority shall enter a contract to
service such mortgage and account to the authority therefor.
8-3-193. (a) (1) The authority shall have the power and is
authorized at one time or from time to time to issue its securities
in such principal amounts as, in the opinion of the authority, shall
GEORGIA LAWS 1983 SESSION
1249
be necessary to provide sufficient funds for achieving the corpo-
rate purposes thereof under this part, including but not limited to
the making, purchasing, participation in making, and purchasing
of participations in mortgage loans for the acquisition, construc-
tion, or rehabilitation of residential housing and for the acquisi-
tion, construction, or rehabilitation of community facilities appur-
tenant thereto; the payment of interest on securities of the author-
ity; the establishment of reserves to secure such securities; and all
other expenditures of the authority incident to and necessary or
convenient to carry out its corporate purposes and powers.
(2) The authority shall not have outstanding at any one
time securities issued pursuant to this part in an aggregate princi-
pal amount exceeding $200 million, excluding securities issued to
refund outstanding securities. This aggregate limit shall apply to
securities issued pursuant to this part only and shall be separate
and distinct from the debt limit established for bonds and notes
issued pursuant to Part 1 as established by subsection (a) of Code
Section 8-3-180.
(3) The fixing of the statutory maximums in this Code
section shall not be construed as constituting a contract between
the authority and the holders of its securities that additional
securities may not be issued subsequently by the authority in the
event that such statutory maximums shall subsequently be
increased by law.
(b) The securities of each issue may be dated, may bear interest
at such rate or rates as may be set by the authority, may mature at
such time or times 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 bonds.
(c) The authority may determine the form of the securities and
shall fix the denomination or denominations of the securities and the
means of payment of principal and interest thereof, which may be at
any bank or trust company within or outside the state.
(d) All such securities shall be executed in the name of the
authority by the chairman and secretary of the authority and shall be
sealed with the official seal of the authority or a facsimile thereof.
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Coupons, if any, shall be executed in the name of the authority by the
chairman of the authority. The facsimile signature of both the
chairman and the secretary of the authority may be imprinted in lieu
of the manual signature if the authority so directs, and the facsimile
of the chairmans signature shall be used on coupons, if any. Securi-
ties and any interest coupons appurtenant thereto bearing the
manual or facsimile signature of a person in office at the time such
signature was signed or imprinted shall be fully valid, notwithstand-
ing the fact that before or after the delivery thereof such person
ceased to hold such office.
(e) All securities, interim receipts, interim certificates, tempo-
rary bonds, and other obligations issued under this part shall have,
and are declared to have, all the qualities and incidents of negotiable
instruments under the negotiable instruments laws of the state,
including Title 11, the Uniform Commercial Code.
(f) Bonds, if any, may be issued in coupon or in registered form,
or both, as the authority may determine, and provision may be made
for the registration of any coupon bond as to principal alone and also
as to both principal and interest. The authority 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 authority.
(g) The proceeds of such securities shall be disbursed upon
requisition or order of an authorized officer of the authority under
such restrictions, if any, as the resolution authorizing the issuance of
the securities, or as any trust indenture subject to which such
securities were issued, may provide. If the proceeds of the securities
of any issues shall exceed the amount required for the purpose for
which such securities are issued, the surplus may be paid into the
fund provided in Code Section 8-3-196 for the payment of principal
and interest of such securities.
(h) Prior to the preparation of definitive securities, the author-
ity may issue interim receipts, interim certificates, or temporary
securities exchangeable for definitive securities upon the issuance of
the latter. The authority may also provide for the replacement of any
security which shall become mutilated or be destroyed or lost. Such
securities may be issued without the conducting of any proceedings,
the existence of any conditions, or the occurrence of any events other
than those proceedings, conditions, and events which are specified or
required by this part.
GEORGIA LAWS 1983 SESSION
1251
(i) The authority is authorized to provide by resolution for the
issue of refunding securities of the authority for the purpose of
refunding any securities issued under this part and then outstanding,
together with accrued interest thereon. The issuance of such refund-
ing securities, 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.
(j) Any resolution providing for the issuance of securities under
this part shall become effective immediately upon its adoption by a
majority vote of the members of the authority enumerated in this part
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.
(k) Except to the extent the rights given in this part may be
restricted by resolution passed before the issuance of securities or by
a trust indenture, any holder of securities issued under this part, any
holder of any of the coupons appertaining thereto, and the trustee
under the trust indenture, if any, may protect and enforce, either at
law or in equity, by action, mandamus, or other proceedings, any and
all rights under the laws of the State of Georgia or granted by such
resolution or trust indenture and may enforce and compel perfor-
mance of all duties required by this part or by such resolution or trust
indenture to be performed by the authority or any officer thereof.
Specifically, any holder or trustee may compel the authority to collect
such fees, charges, interest, and amortization payments on mortgage
loans made by the authority as will be adequate to enable the
authority to carry out any agreement as to, or pledge of, such fees,
charges, interest, and amortization payments on such mortgages and
other properties. Any holder or trustee may also compel the authority
to carry out any other agreements with the holders of such securities
and generally to perform its duties under this part.
(l) All securities issued by the authority under this part shall be
executed, confirmed, and validated under and in accordance with
Article 3 of Chapter 82 of Title 36, the Revenue Bond Law, except as
otherwise provided in this part.
(m) While any of the securities 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
1252
GENERAL ACTS AND RESOLUTIONS, VOL. I
any manner that will affect adversely the interest and rights of the
holders of such securities; and no other entity, department, agency, or
authority will be created which will compete with the authority to
such an extent as to affect adversely the interests and rights of the
holders of such securities, nor will the state itself compete with the
authority. This part shall be for the benefit of the authority and the
holders of any such securities and, upon the issuance of securities
under this part, shall constitute a contract with the holders of such
securities.
(n) The securities issued pursuant to this part by the authority
shall be legal investments 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 insurance business, all banks, bankers, banking insti-
tutions, including savings and loan associations, building and loan
associations, trust companies, savings banks and savings associations,
investment companies, 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 whatsoever who are now or may hereafter be authorized to
invest in securities or in other obligations of the state, may properly
and legally invest funds, including capital, in their control or belong-
ing to them. The securities issued by the authority pursuant to this
part may be used by any such private financial institution, person, or
association as security for public deposits. The securities issued by
the authority 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 securities or other obligations of the
state is now or may hereafter be authorized by law, including deposits
to secure public funds.
(o) The venue for all security 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 proceed-
ings.
(p) Securities issued shall have a certificate of validation bearing
the facsimile signature of the clerk of the Superior Court of Fulton
County and shall state the date on which said securities were vali-
GEORGIA LAWS 1983 SESSION
1253
dated; 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.
8-3-193.1. (a) Securities to be issued pursuant to the provi-
sions of this part may, in addition to bonds, notes, and other securi-
ties, at the option of the authority, 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 authority 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 authority; 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 authority 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 authority may
cause repurchase of 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) 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.
8-3-194. Securities issued under this part shall not be deemed to
constitute a debt of the state or a pledge of the faith or credit of the
state, but such securities shall be payable solely from the funds
provided for in this article. The issuance of such securities shall not
1254
GENERAL ACTS AND RESOLUTIONS, VOL. I
directly or indirectly obligate the state to levy or to pledge any form of
taxation whatever therefor or to make any appropriation for their
payment. All such securities shall contain recitals on their face
covering substantially the foregoing provisions of this Code section.
8-3-195. (a) All moneys received pursuant to the authority of
this part, whether as proceeds from the sale of securities or other
obligations, as grants or other contributions, or as revenues and
earnings, shall be deemed to be trust funds to be held and applied
solely as provided in this part. The authority shall, in the resolution
providing for the issuance of securities or in the trust indenture,
provide for the payment of the proceeds of the sale of the securities
and the earnings and revenues to be received to any officer who, or
any agency, bank, or trust company which, shall act as trustee of such
funds and shall hold and apply the same to the purposes expressed in
this part, subject to such regulations as this part and such resolution
or trust indenture may provide.
(b) The authority may pledge for the payment of its securities
such assets, funds, and properties as the resolution providing for the
issuance of its securities may provide. Any such pledge made by the
authority shall be valid and binding from the time when the pledge is
made; the moneys or properties so pledged and thereafter received by
the authority shall immediately be subject to the lien of such pledge
without any physical delivery thereof or further act; and the lien of
any such pledge shall be valid and binding as against all parties
having claims of any kind against the authority, irrespective of
whether such parties have notice thereof. Neither the resolution nor
any other instrument by which a pledge is created need be recorded.
8-3-196. The authority may create and establish one or more
special funds to secure the securities issued under this part, to be
known as capital reserve funds, and pay into such capital reserve
fund:
(1) Any proceeds of sales of securities to the extent provided
in the resolution of the authority authorizing the issuance thereof;
(2) Any moneys transferred into such fund by the authority
from any other fund authorized by this part, in such amounts and
at such times as the authority deems necessary for the purpose of
such funds; and
GEORGIA LAWS 1983 SESSION
1255
(3) Any other income or moneys made available to the
authority for the purposes of such fund from any other source or
sources.
8-3-197. Proceeds derived from the issuance of securities pursu-
ant to this part and any interest or other increment derived from the
investment thereof may be used for any of the purposes of the
authority, including, but not limited to, operating costs, payments to
the reserve funds, and other expenses.
8-3-198. 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 socio-eco-
nomic conditions, and the authority shall not be required to pay any
tax or assessment on any property owned by the authority under the
provisions of this part or upon the income therefrom.
Section 11. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
GEORGIA TIME-SHARE ACT ENACTED.
Code Title 44, Chapter 3, Article 5 Enacted.
No. 508 (House Bill No. 246).
AN ACT
To amend Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to specialized land transactions, so as to provide
for the regulation of time-share estates; to provide a short title; to
1256
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide purposes; to define certain terms; to provide for the status of
time-share estates; to provide for the applicability of certain ordi-
nances and codes to time-share estates; to provide procedures for the
creation of time-share estates; to provide for the content of docu-
ments creating a time-share estate; to provide for the management of
time-share programs; to provide for the content of documents creat-
ing a time-share use; to provide for public offering statements; to
require filing of certain information with the Georgia Real Estate
Commission; to provide for rights of cancellation; to provide for
escrow accounts and surety bonds; to provide certain exemptions; to
provide for certain releases to be supplied to a purchaser; to provide
for financial records; to provide for the effect of violations; to provide
a statute of limitations for certain actions; to prohibit certain adver-
tising; to provide for the filing of advertising materials with the
Georgia Real Estate Commission; to provide certain requirements for
financing of time-share programs; to provide for registration of time-
share programs; to provide for filing fees; to provide for administra-
tion by the Georgia Real Estate Commission; to provide for the
maintenance of certain records; to provide for investigations; to
provide for penalties; to provide for applicability; 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. Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to specialized land transactions, is amended by
adding at the end thereof a new article, to be designated Article 5, to
read as follows:
ARTICLE 5
Part 1
44-3-160. This Act shall be known and may be cited as the
Georgia Time-Share Act.
44-3-161. The purposes of this article are to:
(1) Give statutory recognition to real property timesharing
in this state;
(2) Regulate developers of time-share estate and time-share
use projects located in this state and outside this state when
offered for sale in this state;
GEORGIA LAWS 1983 SESSION
1257
(3) Require that developers of time-share projects:
(A) Make certain disclosures to purchasers and pro-
spective purchasers through the use of a public offering
statement;
(B) Deposit trust funds with an escrow agent;
(C) Follow procedures for registering the projects with
the commission;
(D) Utilize only licensed real estate brokers as sales
agents if required by Chapter 40 of Title 43; and
(E) Comply with promotional advertising standards;
(4) Establish operating standards for and require registra-
tion with the commission of time-share project managing agents
and exchange programs operating in this state; and
(5) Provide for sanctions for violations of any provisions of
this article which will permit:
(A) The commission to reprimand, suspend, or revoke
the registration of the time-share project, managing agent, or
exchange program;
(B) Courts of competent jurisdiction to impose fines or
imprisonment for misdemeanors; and
(C) A claim for appropriate relief by any person
adversely affected.
44-3-162. As used in this article, the term:
(1) Agent means a person authorized by the developer to
act for him in offering to the public or managing time-share
intervals including but not limited to employees or independent
contractors of the developer, managing agents, sales agents, and
escrow agents.
(2) Commission means the Georgia Real Estate Commis-
sion.
1258
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Commissioner means the real estate commissioner.
(4) Conspicuous statement means a statement in boldface
and conspicuous type of at least ten points, such statements
always being larger than all other statements, except for other
conspicuous statements, in the body of the document in which
they are required.
(5) Developer means, in the case of any given property, any
person or entity which is in the business of creating or which is in
the business of selling its own time-share intervals in any time-
share program. This definition shall not mean a person acting
solely as a sales agent.
(6) Development, project, or property means all of the
real property subject to a project instrument and which contains
more than one unit.
(7) Escrow agent means a licensed real estate broker, an
attorney who is a member of the State Bar of Georgia, a title
company, or a banking institution or savings and loan company
having trust powers and located in this state who is entrusted with
the deposit of trust funds with instructions to carry out the
provisions of an agreement or contract.
(8) Exchange company means any person owning or oper-
ating an exchange program.
(9) Exchange program means any arrangement whereby
owners may exchange occupancy rights with persons owning other
time-share intervals or units or other rights of possession; pro-
vided, however, that an exchange program shall not exist if all of
the occupancy rights which may be exchanged are in the same
time-share property.
(10) Managing agent means a person who undertakes the
duties, responsibilities, and obligations of the management of a
time-share program.
(11) Multilocation developer means a developer creating
or selling its own time-share intervals in a multilocation plan.
GEORGIA LAWS 1983 SESSION
1259
(12) Multilocation plan means a time-share plan respect-
ing more than one time-share property pursuant to which owners
do not obtain use rights in a specific time-share property and may,
by reservation or other similar procedure, become entitled to
occupy time-share units in more than one time-share property.
(13) Offering means any offer to sell, solicitation, induce-
ment, or advertisement whether by radio, television, newspaper,
magazine, or mail whereby a person is given an opportunity to
acquire a time-share interval.
(14) Person means one or more natural persons, corpora-
tions, partnerships, associations, trusts, other entities, or any
combination thereof.
(15) Projectmeans development.
(16) Project instrument means one or more recordable
documents applicable to the whole project by whatever name
denominated, containing restrictions or covenants regulating the
use, occupancy, or disposition of an entire project including any
amendments to the document excluding any law, ordinance, or
governmental regulation.
(17) Propertymeans development.
(18) Public offering statement means a written statement
given to prospective purchasers by the developer or the devel-
opers agent disclosing such information about the time-share
project as required by this article.
(19) Purchaser means any person other than a developer or
lender who acquires an interest in a time-share interval.
(20) Sales agent means a person who for another, for a fee,
commission, or any other valuable consideration or with the intent
or expectation of receiving the same from another, negotiates or
attempts to negotiate the sale or lease of a time-share interval in a
time-share program.
(21) Sales agreement means that contract, agreement,
lease, or other written instrument by which a purchaser contracts
to acquire or acquires, in the event there is no contract to acquire,
an interest in a time-share interval.
1260
GENERAL ACTS AND RESOLUTIONS, VOL. I
(22) Time-share estate means an ownership or leasehold
interest in real property divided into measurable chronological
periods.
(23) Time-share instrument means any document, by
whatever name denominated, creating or regulating time-share
programs excluding any law, ordinance, or governmental regula-
tion.
(24) Time-share interval means a time-share estate or a
time-share use.
(25) Time-share program means any arrangement for
time-share intervals in a time-share project whereby the use,
occupancy, or possession of real property has been made subject to
either a time-share estate or time-share use whereby such use,
occupancy, or possession circulates among purchasers of the time-
share intervals according to a fixed or floating time schedule on a
periodic basis occurring annually over any period of time in excess
of one year in duration.
(26) Time-share project means any real property that is
subject to a time-share program.
(27) Time-share use means any contractual right of exclu-
sive occupancy which does not fall within the definition of a time-
share estate including, without limitation, a vacation license,
prepaid hotel reservation, club membership, limited partnership,
or vacation bond.
(28) Unit means the real property or real property
improvement in a project which is divided into time-share inter-
vals.
44-3-163. (a) A time-share estate is an estate in real property
and has the character and incidents of an estate in fee simple at
common law or estate for years, if a leasehold, except as expressly
modified by this article. This rule shall supersede any contrary rule at
common law.
(b) A document transferring or encumbering a time-share estate
in real property shall not be rejected for recordation because of the
nature or duration of that estate or interest, provided there is
GEORGIA LAWS 1983 SESSION
1261
compliance with all requirements necessary to make an instrument
recordable.
(c) For purposes of title, each time-share estate constitutes a
separate estate or interest in property except for real property tax
purposes.
(d) For purposes of local real property taxation, each time-share
unit, other than a unit operated for time-share use, shall be valued in
the same manner as if such unit were owned by a single taxpayer. The
total cumulative purchase price paid by the time-share owners for a
unit shall not be utilized by the commissioner of revenue or other
local assessing officers as a factor in determining the assessed value of
such unit. A unit operated as a time-share use, however, may be
assessed the same as other income-producing and investment prop-
erty. Tax records in a time-share unit shall be in the name of the
association or the managing agent.
44-3-164. No zoning, subdivision, or building code or other real
estate use ordinance or regulation shall prohibit the time-share
interval form of ownership or use or impose any requirement upon the
time-share project which it does not impose upon a physically identi-
cal improvement or development under a different form of owner-
ship. No subdivision law, ordinance, or regulation shall apply to any
division of an improvement or unit into a time-share project or time-
share intervals.
Part 2
44-3-165. (a) A time-share program may be created in any
unit, unless expressly prohibited by the project instruments.
(b) No action for partition of a unit may be maintained except as
permitted by the time-share instrument.
44-3-166. Project instruments and time-share instruments cre-
ating time-share estates shall be recorded in the superior court of the
county in which the project is located and shall contain the following:
(1) The name of the county in which the property is sit-
uated;
1262
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The legal description, street address, or other descrip-
tion sufficient to identify the property;
(3) Identification of time periods by letter, name, number,
or combination thereof;
(4) Identification of time-share estates and, where applica-
ble, the method whereby additional time-share estates may be
created;
(5) The formula, fraction, or percentage of the common
expenses and any voting rights assigned to each time-share estate
and, where applicable, to each unit in a project that is not subject
to the time-share program;
(6) Any restrictions on the use, occupancy, alteration, or
alienation of time-share intervals; and
(7) The ownership interest, if any, in personal property and
provisions for care and replacement.
44-3-167. The time-share instruments for a time-share estate
program shall prescribe reasonable arrangements for management
and operation of the time-share program and for the maintenance,
repair, and furnishing of units, which shall include the following:
(1) Creation of an association of time-share estate owners;
(2) Adoption of bylaws for organizing and operating the
association;
(3) Payment of costs and expenses of operating the time-
share program and of owning and maintaining the units;
(4) Employment and termination of employment of the
managing agent for the association;
(5) Preparation and dissemination to owners of an annual
budget and of operating statements and other financial informa-
tion including, but not limited to, the current status of payments
under any security deed, contracts for improvements, or other
encumbrances concerning the time-share program;
GEORGIA LAWS 1983 SESSION
1263
(6) Adoption of standards and rules of conduct for the use
and occupancy of units by owners;
(7) Collection of assessments from owners to defray the
expenses of management of the time-share program and mainte-
nance of the units;
(8) Comprehensive general liability insurance for death,
bodily injury, and property damage arising out of or in connection
with the use of units by owners, their guests, and others and
extended coverage casualty insurance;
(9) Methods for providing compensating use periods or
monetary compensation to an owner if a unit cannot be made
available for the period to which the owner is entitled by schedule
or by confirmed reservation;
(10) Procedures for imposing a monetary penalty or suspen-
sion of an owners rights and privileges in the time-share program
for failure of the owner to comply with provisions of the time-
share instruments or the rules of the association with respect to
the use of the units. Under these procedures, an owner must be
given notice and the opportunity to refute or explain the charges
against him in person or in writing to the governing body of the
association before a decision to impose discipline is rendered;
(11) Employment of attorneys, accountants, and other pro-
fessional persons as necessary to assist in the management of the
time-share program and the units; and
(12) Procedures for the developer to obtain the consent of a
majority of the existing owners of the time-share estates before
encumbering the time-share project for the purpose of making
additional improvements to the project.
44-3-168. (a) The time-share instruments for a time-share
estate program may provide for a period of time, hereafter referred to
as developer control period, during which the developer or a man-
aging agent selected by the developer may manage the time-share
program and the units in the time-share program.
(b) If the time-share instruments for a time-share estate pro-
gram provide for the establishment of a developer control period,
they shall include provisions for the following:
1264
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Termination of the developer control period by action of
the association;
(2) Termination of contracts for goods and services for the
time-share program or for units in the time-share program entered
into during the developer control period; and
(3) A regular accounting by the developer to the association
as to all matters that significantly affect the interests of owners in
the time-share program including, but not limited to, the current
status of payments under any security deed, contracts for
improvements, or other encumbrances.
44-3-169. Project instruments and time-share instruments cre-
ating time-share uses shall contain the following:
(1) Identification by name of the time-share project and
street address where the time-share project is situated;
(2) Identification of the time periods, type of units, and the
units that are in the time-share program and the length of time
that the units are committed to the time-share program; and
(3) In case of a time-share project, identification of which
units are in the time-share program and the method whereby any
other units may be added, deleted, or substituted.
44-3-170. The time-share instruments for a time-share use pro-
gram shall prescribe reasonable arrangements for management and
operation of the time-share program and for the maintenance, repair,
and furnishing of units which shall include the following:
(1) Standards and procedures for upkeep, repairs, and inte-
rior furnishing of units;
(2) Adoption of standards and rules of conduct governing
the use and occupancy of units by owners;
(3) Payment of the costs and expenses of operating the
time-share program and owning and maintaining the units;
(4) Selection of a managing agent to act on behalf of the
developer;
GEORGIA LAWS 1983 SESSION
1265
(5) Preparation and dissemination to owners of an annual
budget and of operating statements and other financial informa-
tion concerning the time-share program;
(6) Procedures for establishing the rights of owners to the
use of units by prearrangement or under a first reserved, first
served priority system;
(7) Organization of a management advisory board or board
of directors consisting of time-share use owners including an
enumeration of rights and responsibilities of the board;
(8) Procedures for imposing and collecting assessments or
use fees from time-share use owners as necessary to defray costs of
management of the time-share program and in providing materi-
als and services to the units;
(9) Comprehensive general liability insurance for death,
bodily injury, and property damage arising out of or in connection
with the use of units by time-share use owners, their guests, and
others and extended coverage casualty insurance;
(10) Methods for providing compensation use periods or
monetary compensation to an owner if a unit cannot be made
available for the period to which the owner is entitled by schedule
or by a confirmed reservation;
(11) Procedures for imposing a monetary penalty or suspen-
sion of an owners rights and privileges in the time-share program
for failure of the owner to comply with the provisions of the time-
share instruments or the rules established by the developer with
respect to the use of the units. The owner shall be given notice and
the opportunity to refute or explain the charges in person or in
writing to the management advisory board before a decision to
impose discipline is rendered;
(12) Annual dissemination to all time-share use owners by
the developer or by the managing agent of a list of the names and
mailing addresses of all current time-share use owners in the time-
share program;
(13) Procedures for the developer to obtain the consent of a
majority of the existing owners of the time-share uses before
1266
GENERAL ACTS AND RESOLUTIONS, VOL. I
encumbering the time-share project for the purpose of making
additional improvements to the project; and
(14) A definition of what shall constitute the facilities being
available for use.
44-3-171. In the event time-share intervals in a time-share pro-
gram have been sold in this state to a resident of this state prior to the
effective date of this article, in the further event that the time-share
instruments and project instruments creating such program do not
provide for or contain the provisions required by Code Sections 44-3-
166 through 44-3-170, and in the further event that the developer
does not control a sufficient number of votes in the time-share
program to amend the time-share instruments and project instru-
ments to provide for the inclusion of the aforementioned provisions
without the vote of any other time-share interval owners, then the
developer shall include in the public offering statement a listing of
those provisions required by the aforementioned Code sections, but
not included in the instruments.
Part 3
44-3-172. (a) A public offering statement must be provided to
each purchaser of a time-share interval. Prospective purchasers
receiving a copy of the public offering statement shall sign a state-
ment acknowledging receipt of the public offering statement and such
receipt shall be kept at the principal office of the developer for three
years from the date of receipt.
(1) The public offering statement must contain or fully and
accurately disclose such information as the commission may
require by its rules and regulations and must include:
(A) The name of the developer, the principal address of
the developer, the address of the time-share intervals offered
in the statement, and a description of the developers owner-
ship interest in the time-share project;
(B) The nature of the interest in the time-share inter-
val being offered whether it involves real property ownership,
leasehold interest, right to use or occupy the facility, or some
other interest being offered;
GEORGIA LAWS 1983 SESSION
1267
(C) A general description of the units including, with-
out limitation, the developers contemplated schedule of com-
mencement and completion of all buildings, units, and ameni-
ties or, if completed, a statement that they have been com-
pleted;
(D) As to all units offered by the developer in the same
time-share project:
(i) The types and number of units;
(ii) Identification of units that are subject to time-
share intervals; and
(iii) The estimated number of units that may
become subject to time-share intervals;
(E) A brief description of the project;
(F) Any current budget or a projected budget for the
time-share intervals for one year after the date of the first
transfer to a purchaser. The budget must include, without
limitation:
(i) A statement of the amount or a statement that
there is no amount included in the budget as a reserve for
repairs and replacement;
(ii) The projected common expense liability, if
any, by category of the expenditures for the time-share
intervals;
(iii) The projected common expense liability for all
time-share intervals; and
(iv) A statement of any services not reflected in the
budget that the developer provides or expenses that he
pays;
(G) Any initial or special fee for the use of the unit or
amenities due from the purchaser at closing together with a
description of the purpose and method of calculating the fee;
1268
GENERAL ACTS AND RESOLUTIONS, VOL. I
(H) A description of any liens, defects, or encum-
brances on or affecting the title to the time-share intervals;
(I) A description of any financing offered by the devel-
oper;
(J) A statement of any pending actions material to the
time-share intervals of which a developer has actual knowl-
edge;
(K) Any restraints on alienation of any number or
portion of any time-share intervals;
(L) A description of the insurance coverage or a state-
ment that there is no insurance coverage provided for the
benefit of time-share interval owners including specific state-
ments on the amount of comprehensive general liability
insurance and extended coverage casualty insurance;
(M) Any current or expected fees or charges to be paid
by time-share interval owners for the use of any facilities
related to the property;
(N) Whether financial arrangements have been pro-
vided for and with whom financial arrangements have been
made for the completion of all promised improvements and
the proposed date of completion;
(O) The extent to which a time-share unit may become
subject to a tax or other lien arising out of claims against other
owners of the same unit;
(P) A conspicuous statement as follows:
YOU MAY CANCEL ANY SALES AGREEMENT
WHICH YOU HAVE SIGNED FOR THE
PURCHASE OR LEASE OF A TIME-SHARE
INTERVAL WITHIN SEVEN DAYS AFTER
RECEIPT OF THIS PUBLIC OFFERING
STATEMENT AND RECEIVE A REFUND.
YOU MAY NOT GIVE UP OR WAIVE THIS
RIGHT TO CANCEL.
GEORGIA LAWS 1983 SESSION
1269
(Q) When a time-share use is offered, a conspicuous
statement as follows:
YOU MAY CANCEL ANY SALES AGREEMENT
WHICH YOU HAVE SIGNED FOR THE
PURCHASE OF A TIME-SHARE USE AT
ANY TIME THE FACILITY IS NOT MADE
AVAILABLE FOR USE ACCORDING TO
AGREED UPON TERMS. YOU MAY NOT
GIVE UP OR WAIVE THIS RIGHT TO
CANCEL.
(R) A schedule for refunding any funds due the pur-
chaser if the time-share project is not completed or if the
purchaser exercises cancellation rights;
(S) The name and address of the escrow agent; and
(T) A conspicuous statement as follows:
ANY QUESTIONS ABOUT THE LEGAL ASPECTS
OF THE PURCHASE OR LEASE OF A
TIME-SHARE INTERVAL SHOULD BE
REFERRED TO AN ATTORNEY.
(2) If the owners of time-share intervals are offered an
opportunity to become members of or to participate in any
program for the exchange of occupancy rights among themselves
or with the owners of time-share intervals of other time-share
projects, or both, the public offering statement or a supplement
delivered therewith must fully and accurately disclose such infor-
mation as the commission may require by its rules and regulations
and must include:
(A) The name and address of the exchange company;
(B) The names of all officers, directors, and sharehold-
ers owning 5 percent or more of the outstanding stock of the
exchange company;
(C) Whether the exchange company or any of its offi-
cers or directors has any legal or beneficial interest in any
developer or managing agent for any time-share project par-
1270
GENERAL ACTS AND RESOLUTIONS, VOL. I
ticipating in the exchange program and, if so, the name and
location of the time-share project and the nature of the
interest;
(D) Unless the exchange company is also the developer
or an affiliate, a statement that the purchasers contract with
the exchange company is a contract separate and distinct
from the sales agreement;
(E) Whether the purchasers participation in the
exchange program is dependent upon the continued affilia-
tion of the time-share project with the exchange program;
(F) Whether the purchasers membership or partici-
pation, or both, in the exchange program is voluntary or
mandatory;
(G) A complete and accurate description of the terms
and conditions of the purchasers contractual relationship
with the exchange company and the procedure by which
changes thereto may be made;
(H) A complete and accurate description of the proce-
dure to qualify for and effectuate exchanges;
(I) A complete and accurate description of all limita-
tions, restrictions, or priorities employed in the operation of
the exchange program, including, but not limited to, limita-
tions on exchanges based on seasonableness, unit size, or
levels of occupancy, expressed in a conspicuous statement,
and, in the event that such limitations, restrictions, or priori-
ties are not uniformly applied by the exchange program, a
clear description of the manner in which they are applied;
(J) Whether exchanges are arranged on a space-
available basis and whether any guarantees of fulfillment of
specific request for exchanges are made by the exchange
program;
(K) Whether and under what circumstances an owner,
in dealing with the exchange company, may lose the use and
occupancy of his time-share interval in any properly applied
for exchange without his being provided with substitute
accommodations by the exchange company;
GEORGIA LAWS 1983 SESSION
1271
(L) The fees or range of fees for participation by owners
in the exchange program, a statement whether any such fees
may be altered by the exchange company, and the circum-
stances under which alterations may be made;
(M) The name and address of the site of each time-
share property, accommodation, or facility which are partici-
pating in the exchange program;
(N) The number of units in each property participating
in the exchange program which are available for occupancy
and which qualify for participation in the exchange program,
expressed within the following numerical groupings: 1-5,6-10,
11-20,21-50, and 51 and over;
(O) The number of owners with respect to each time-
share project or other property which are eligible to partici-
pate in the exchange program expressed within the following
numerical groupings: 1-100, 101-249, 250-499, 500-999, and
1,000 and over, and a statement of the criteria used to
determine those owners who are currently eligible to partici-
pate in the exchange program;
(P) The disposition made by the exchange company of
time-share intervals deposited with the exchange program by
owners eligible to participate in the exchange program and
not used by the exchange company in effecting exchanges;
(Q) The following information, which, except as pro-
vided in subparagraph (S) of this paragraph, shall be inde-
pendently audited by a certified public accountant or
accounting firm in accordance with the standards of the
Accounting Standards Board of the American Institute of
Certified Public Accountants and included in the public
offering statement for each year no later than July 1, of the
succeeding year, beginning no later than July 1,1983:
(i) The number of owners eligible to participate in
the exchange program. Such number shall disclose the
relationship between the exchange company and owners
as being either fee-paying or gratuitous in nature;
1272
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) The number of time-share properties, accom-
modations, or facilities eligible to participate in the
exchange program categorized by those having a contrac-
tual relationship between the developer or the associa-
tion and the exchange company and those having solely a
contractual relationship between the exchange company
and owners directly;
(iii) The percentage of confirmed exchanges, which
shall be the number of exchanges confirmed by the
exchange company divided by the number of exchanges
properly applied for, together with a complete and accu-
rate statement of the criteria used to determine whether
an exchange request was properly applied for;
(iv) The number of time-share intervals for which
the exchange company has an outstanding obligation to
provide an exchange to an owner who relinquished a
time-share interval during the year in exchange for a
time-share interval in any future year; and
(v) The number of exchanges confirmed by the
exchange company during the year;
(R) A conspicuous statement to the effect that the
percentage described in division (a) (2) (Q) (iii) of this Code
section is a summary of the exchange requests entered with
the exchange company in the period reported and that the
percentage does not indicate a purchasers or owners proba-
bilities of being confirmed to any specific choice or range of
choices, since availability at individual locations may vary;
and
(S) The information required by this paragraph shall
be accurate as of a date which is not more than 30 days prior
to the date on which the information is delivered to the
purchaser, except that the information required by subpara-
graphs (B), (C), (M), (N), (0), and (Q) of this paragraph shall
be provided as of December 31 of the year preceding the year
in which the information is delivered, except for information
delivered within the first 180 days of any calendar year which
shall be provided as of December 31 of the year preceding the
year in which the information is delivered. All references in
this Code section to the word year shall mean calendar year;
GEORGIA LAWS 1983 SESSION
1273
(3) A multilocation developer shall include in the public
offering statement or a supplement delivered therewith such
information as the commission may require by its rules and
regulations and must include:
(A) A complete and accurate description of the proce-
dure to qualify for and effectuate use rights in time-share
units in the multilocation plan;
(B) A complete and accurate description of all limita-
tions, restrictions, or priorities employed in the operation of
the multilocation plan, including, but not limited to, a con-
spicuous statement of limitations on reservations, use or
entitlement rights based on seasonableness, unit size, levels of
occupancy or class of owner, and, in the event that such
limitations, restrictions, or priorities are not uniformly
applied by the multilocation plan, a clear description of the
manner in which they are applied;
(C) Whether use is arranged on a space-available basis
and whether any guarantees of fulfillment of specific requests
for use are made by the multilocation developer;
(D) The name and address of the site of each time-
share property included in the multilocation plan;
(E) The number of time-share units in each time-share
property which are available for occupancy and, with respect
to each such time-share unit, the interest, such as fee owner-
ship, leasehold, or option to purchase, which the multi-
location developer has therein; a statement of all relevant
terms of the multilocation developers interest if such interest
is less than fee ownership; and whether the time-share unit
may be withdrawn from the multilocation plan;
(F) The following information, which, except as pro-
vided in subparagraph (H) of this paragraph, shall be inde-
pendently audited by a certified public accountant or
accounting firm in accordance with the standards of the
Accounting Standards Board of the American Institute of
Certified Public Accountants and included in the public
offering statement for each year on or before July 1 of the
succeeding year beginning no later than July 1,1983:
1274
GENERAL ACTS AND RESOLUTIONS, VOL. I
(i) The number of owners in the multilocation
plan;
(ii) For each time-share property in the multi-
location plan, the number of properly made requests for
use of time-share units in such time-share property; and
(iii) For each time-share property, the percentage of
owners who properly requested use of a time-share unit
in such time-share property who received the right to use
a time-share unit in such time-share property;
(G) A conspicuous statement to the effect that the
percentages described in subparagraph (F) of this paragraph
do not indicate a purchasers or owners probabilities of being
able to use any time-share unit since availability at individual
locations may vary; and
(H) The information required by this paragraph shall
be provided as of a date which is no more than 30 days prior to
the date on which the information is delivered to the pur-
chaser, except that the information required by subpara-
graphs (D), (E), and (F) of this paragraph shall be provided as
of December 31 of the year preceding the year in which the
information is delivered, except for information delivered
within the first 180 days of any calendar year which shall be
provided as of December 31 of the year preceding the year in
which the information is delivered.
(b) In the event an exchange company offers an exchange pro-
gram directly to the purchaser or owner, the exchange company shall
deliver to each purchaser or owner, prior to the execution of any
contract between the purchaser or owner and the company offering
the exchange program, the information set forth in paragraph (2) of
subsection (a) of this Code section. The requirements of paragraph
(2) of subsection (a) of this Code section shall not apply to any
renewal of a contract between an owner and an exchange company.
(c) Each exchange company offering an exchange program to
purchasers in this state must include the statement set forth in
subparagraph (a)(2)(R) of this Code section on all promotional bro-
chures, pamphlets, advertisements, or other materials disseminated
by the exchange company which also contain the percentage of
GEORGIA LAWS 1983 SESSION
1275
confirmed exchanges described in division (a)(2)(Q)(iii) of this Code
section.
44-3-173. (a) An exchange company whose exchange program
is offered to purchasers in connection with the offer or disposition of
time-share intervals in this state shall, on or before July 1 of each
year, file with the commission and secretary of the association for the
time-share program in which the time-share intervals are offered or
disposed, the information required by paragraph (2) of Code Section
44-3-172 with respect to the preceding year. If the commission
determines that any of the information supplied fails to meet the
requirements of this Code section, the commission may undertake
enforcement action against the exchange company in accordance with
the provisions of this article. No developer shall have any liability
arising out of the use, delivery, or publication by the developer of any
information provided to it by the exchange company pursuant to this
Code section. Except as provided in this Code section, no exchange
company shall have any liability with respect to (1) any representa-
tion made by the developer relating to the exchange program or
exchange company, or (2) the use, delivery, or publication by the
developer of any information relating to the exchange program or
exchange company. An exchange company shall only be liable for
written information provided to the developer by the exchange
company. The failure of the exchange company to observe the
requirements of this Code section, or the use by it of any unfair or
deceptive act or practice in connection with the operation of the
exchange program, shall be a violation of this article.
(b) A multilocation developer which offers or disposes of time-
share intervals in this state shall, on or before July 1 of each year, file
with the commission the information required by paragraph (3) of
Code Section 44-3-172 with respect to the preceding year. If at any
time the commission determines that any of the information supplied
fails to meet the requirements of this Code section, the commission
may undertake enforcement action against the multilocation devel-
oper in accordance with the provisions of this article. The failure of a
multilocation developer to observe the requirements of this Code
section, or the use by it of any unfair or deceptive act or practice in
connection with the operation of the exchange program, shall be a
violation of this article.
44-3-174. (a) Before transfer of a time-share interval and no
later than the date of any sales agreement, the developer shall provide
1276
GENERAL ACTS AND RESOLUTIONS, VOL. I
the intended transferee with a copy of the public offering statement
and any amendments and supplements thereto. The sales agreement
is voidable by the purchaser until he has received the public offering
statement and for seven days after receipt of public offering state-
ment. Cancellation is without penalty, and all payments made by the
purchaser before cancellation must be refunded within 30 days after
receipt of the notice of cancellation.
(b) In addition to the rights of the developer provided in the
sales agreement, up to seven days after the receipt by the purchaser of
the public offering statement, the developer may cancel the sales
agreement without penalty to either party. The developer shall
return all payments made and the purchaser shall return all materials
received in good condition, reasonable wear and tear excepted. If
such materials are not returned, the developer may deduct the cost of
the same and return the balance to the purchaser.
(c) If a time-share use is being conveyed, a purchaser shall have
the right to cancel the transaction at any time after the facilities are
no longer available for use.
(d) The rights of cancellation provided for in subsections (a),
(b), and (c) of this Code section shall not be waivable by any
purchaser.
44-3-175. (a) A developer of a time-share program shall:
(1) Deposit with an escrow agent 100 percent of all funds
which are received during the seven-day cancellation period pro-
vided for in this article. The deposit of such funds shall be
evidenced by an executed escrow agreement between the escrow
agent and the developer, the provisions of which shall include:
(A) That its purpose is to protect the purchasers right
to a refund if he cancels the sales agreement for a time-share
interval within a seven-day cancellation period;
(B) That funds may be disbursed to the developer by
the escrow agent from the escrow account only after expira-
tion of the purchasers seven-day cancellation period and in
accordance with the sales agreement; and
GEORGIA LAWS 1983 SESSION
1277
(C) That the escrow agent may release funds to the
developer from the escrow account only after receipt of a
sworn statement from the developer that no cancellation
notice was received before expiration of the seven-day period;
(2) Deposit with an escrow agent after the seven-day cancel-
lation period 100 percent of all funds which are received from
purchasers of time-share uses. The deposit of such funds shall be
evidenced by an executed escrow agreement between the escrow
agent and the developer, the provisions of which shall include:
(A) That its purpose is to protect the purchasers right
to a refund, at any time the accommodations or facilities are
no longer available as provided in the sales agreement entered
into by the developer and the purchaser in an amount pro-
vided for in subparagraph (a)(2)(B) of this Code section;
(B) That funds may be disbursed to the developer by
the escrow agent from the escrow account periodically in the
ratio of the amount of time the purchaser has already used or
had the right to use the accommodations or facilities of the
time-share use at the time of the disbursement in relation to
the total time sold to the purchaser; and
(C) That the escrow agent may release funds to the
developer from the escrow account only after receipt of a
statement signed by the purchaser indicating that such pur-
chaser has used or has had the right to use a specific number
of days out of the total time period purchased. If a purchaser
refuses to sign such a statement when tendered, the developer
may submit a sworn statement to the escrow agent that the
purchaser used or had the right to use a specific number of
days, but that the purchaser refused to sign a statement to
that effect;
(3) Place 100 percent of all funds received from purchasers
of such time-share intervals, after the seven-day cancellation
periods have ended, in an escrow account when interests in real
property are being sold, according to a sales agreement which will
transfer title to the purchasers. The establishment of such an
escrow account shall be evidenced by an executed escrow agree-
ment between the escrow agent and the developer, the provisions
of which shall include:
1278
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) That its purpose is to protect all deposits and
payments made by a purchaser toward the purchase price
until the deed is delivered to the purchaser, whether physi-
cally or by recording the same, or until the purchaser and
developer enter into a sales agreement which will transfer
title to the purchaser; and
(B) That funds may be disbursed to the developer by
the escrow agent from the escrow account only after title has
been delivered to the purchaser physically or delivered for
recording to the clerk of the superior court in the county
where the real property underlying the time-share project is
located or at such other time as may be agreed upon in writing
by the purchaser and developer. However, in the case of a
time-share estate sold by agreement for deed, funds may only
be disbursed to the developer after recording of the agree-
ment for deed and, if necessary, a notice to creditors with
secured interests in the property underlying the time-share
project and, if the property is encumbered by a deed to secure
debt or mortgage instrument, a nondisturbance instrument
has been recorded in the public records of the county or
counties in which the timeshare is located; or alternatively,
after the developer records a notice to the aforesaid creditors
and obtains a release of lien for a time-share interval, funds
may be disbursed pertaining to that time-share interval; and
(4) Place any funds escrowed pursuant to this Code section
with an escrow agent who shall be one of the following: an
attorney in this state, a bank or savings and loan company having
trust powers in this state, a title company in this state, or a real
estate broker in this state. In lieu of the foregoing, with the
approval of the commission, the funds may be escrowed in an
account required by the jurisdiction in which the sale of the
timeshare took place. The developer must notify the commission
of the name and address of the escrow agent or the name, address,
and account number of the bank or savings and loan company
where the developer maintains the funds. Maintenance of trust
funds and disbursements by an escrow agent in another state must
be in accordance with the provisions of this article. The escrow
agreement shall authorize the commission or its representative to
examine said trust account.
GEORGIA LAWS 1983 SESSION
1279
(b) An escrow agent holding funds escrowed pursuant to this
Code section may invest such escrowed funds in securities of the
United States government, or any agency thereof, or in savings or
time deposits in institutions insured by an agency of the United
States government. The right to receive the interest generated by any
such investments shall be as specified by a written agreement
between the developer and the purchaser.
(c) Each escrow agent shall maintain separate books and records
for each time-share project and shall maintain such books and records
according to generally accepted accounting principles.
(d) In lieu of any escrows required by this Code section, the
commission shall have the discretion to accept other assurances,
including, but not limited to, a surety bond or an irrevocable letter of
credit in an amount equal to the escrow requirements of this Code
section. Determination of default and refund of deposits shall be
governed by the escrow release provision of this Code section.
(e) (1) A developer may elect to terminate the use of an escrow
account established pursuant to this Code section if, at a later
date, such developer posts a surety bond which complies with the
requirements of paragraph (2) of this subsection. Any funds
remaining in such escrow account at the time a developer elects to
terminate its use shall be disbursed to the developer by the escrow
agent only after the developer has transmitted to the escrow agent
and to each purchaser affected a copy of the surety bond.
(2) A surety bond established pursuant to paragraph (1) of
this subsection shall be executed by the developer as principal and
with a surety company authorized to do business in this state. The
surety bond shall be in an amount equal to the total amount of the
sales agreement and shall be posted with the clerk of the superior
court in the county where the time-share accommodations or
facilities are located. The bond shall be payable to the Georgia
Real Estate Commission, shall be conditioned upon the faithful
compliance with the provisions of this article and with the sales
agreement, and shall be used to indemnify any purchaser injured
by the developers violation of this article or failure to perform
pursuant to the sales agreement. The bond may be reduced
periodically in the ratio of the amount of time used by purchasers
to the total time sold to purchasers.
1280 GENERAL ACTS AND RESOLUTIONS, VOL. I
44-3-176. (a) If a developer enters into a sales agreement to sell
a time-share interval and the construction, furnishings, and landscap-
ing of the time-share project have not been substantially completed in
accordance with the representations made by the developer in the
disclosures required by this article, the developer shall deposit with
an escrow agent all payments received by the developer from the
purchaser towards the sales price until the project is substantially
complete. Funds shall be released from escrow as follows:
(1) If a purchaser properly terminates the sales agreement
pursuant to its terms or pursuant to this article, the funds shall be
paid to the purchaser together with any interest earned;
(2) If the purchaser defaults in the performance of his
obligations under the sales agreement, the funds shall be paid to
the developer together with any interest earned; or
(3) If the funds of a purchaser have not been previously
disbursed in accordance with the provisions of this subsection,
they may be disbursed to the developer in accordance with this
article by the escrow agent upon substantial completion of the
time-share project.
(b) In lieu of any escrows required by subsection (a) of this Code
section, the purchasers shall have the discretion to accept in writing
other financial assurances including, but not limited to, a perfor-
mance bond or an irrevocable letter of credit in an amount equal to
the cost to complete the time-share project.
(c) For the purpose of this Code section, substantially com-
pleted means that all amenities, furnishings, appliances, and struc-
tural components and mechanical systems of buildings are completed
and provided as represented in the public offering statement and that
the premises are ready for occupancy.
44-3-177. (a) Any time-share program registered under this
article in which a public offering statement has been prepared shall
not require registration under any of the following:
(1) Article 1 of Chapter 3 of Title 44;
(2) Chapter 5 of Title 10; or
GEORGIA LAWS 1983 SESSION
1281
(3) Any other state law which requires the preparation of a
public offering statement or substantially similar document for
distribution to purchasers.
(b) Any time-share program registered under this article that
fails to restrict the price at which an owner may sell or exchange his
time-share interval shall not by virtue of such failure cause the time-
share interval to become a security under Chapter 5 of Title 10; nor
shall an exchange program offering such a time-share interval for
exchange be construed to be offering a security under Chapter 5 of
Title 10.
44-3-178. (a) In lieu of the public offering statement required
by this article, the commission, in its discretion, may permit the
developer to give prospective purchasers a public offering statement
or similar disclosure document which meets the requirements of the
Federal Securities and Exchange Act of 1933 or any other states act
regulating time-share projects which requires a public offering state-
ment or similar disclosure document to be prepared and provided to
purchasers.
(b) A public offering statement need not be prepared or deliv-
ered in the case of:
(1) A transfer of a time-share interval by any time-share
interval owner or user other than the developer or his agent;
(2) A disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclo-
sure;
(5) A disposition of a time-share interval in a time-share
project situated wholly outside this state, provided that all solici-
tations, negotiations, and sales agreements took place wholly
outside this state and the sales agreement was executed wholly
outside this state;
(6) A gratuitous transfer of a time-share interval; or
1282
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Group reservations made for 15 or more people as a
single transaction between a hotel and travel agent or travel
groups for hotel accommodations when deposits are made and
held for more than three years in advance.
44-3-179. The developer shall immediately amend or supple-
ment the public offering statement to report any material change in
the information required by Code Section 44-3-172 and shall supply
the commission a copy of that change within ten days. As to any
exchange program, the developer shall use the current written materi-
als that are supplied to it for distribution to the time-share interval
owners as it is received.
44-3-180. (a) Unless the purchaser expressly agrees in the sales
agreement to accept his interest subject to a lien or by assuming a lien
prior to transferring a time-share interval other than by deed in lieu
of foreclosure, the developer shall record or furnish to the purchaser
releases of all liens affecting that time-share interval or shall provide
a surety bond or insurance against the lien, as provided for liens on
real estate in this state. In lieu of the foregoing, a lienholder may
agree to repurchase in the amount actually paid by the purchaser a
purchasers time-share interval in the event the lienholder comes into
possession of the time-share project; or the lienholder may agree to
allow the continued right of quiet enjoyment to the purchaser.
(b) Unless a time-share interval owner or his predecessor in title
agrees otherwise with the lienor, if a lien other than an underlying
mortgage or security deed becomes effective against more than one
time-share interval in a time-share project, any time-share interval
owner is entitled to a release of his time-share interval from the lien
upon payment of the amount of the lien attributable to his time-share
interval. The amount of the payment must be proportionate to the
ratio that the time-share interval owners liability bears to the
liabilities of all time-share interval owners whose interests are subject
to the lien. Upon receipt of payment, the lienholder shall promptly
deliver to the time-share interval owner a release of the lien covering
that time-share interval. After payment, the managing entity may not
assess or have a lien against that time-share interval for any portion of
the expenses incurred in connection with that lien.
44-3-181. The developer shall not sell, lease, assign, or otherwise
transfer the entire interest of the developer, other than as a transfer
of a time-share interval in the normal course of marketing, in the
GEORGIA LAWS 1983 SESSION
1283
time-share program or the accommodations or facilities to a third
party when such a sale, lease, assignment, or other transfer substan-
tially affects the rights of other owners of the time-share units, unless:
(1) The third party agrees in writing to honor fully the
rights of purchasers of the time-share intervals to occupy and use
the accommodations or facilities or agrees in writing to purchase
the interval in an amount equal to the amount actually paid by the
purchaser toward the purchase price of the time-share interval;
(2) The third party agrees in writing to honor fully the
rights of purchasers of the time-share intervals to cancel their
sales agreement and receive any refunds due;
(3) The third party agrees in writing to comply with the
provisions of this article for as long as the third party continues to
sell the time-share project or for as long as purchasers of the time-
share project are entitled to occupy the accommodations or use
the facilities, whichever is longer in time; and
(4) Written notice is given to the association and notice
shall be sent by certified mail within 30 days of the sale, lease,
assignment, or other transfer.
44-3-182. The person or entity responsible for making or collect-
ing common expense assessments or maintenance assessments shall
keep detailed financial records and shall keep said funds in a desig-
nated trust account. All financial and other records shall be made
reasonably available for examination by any time-share interval
owner or his authorized agents and to the commission or its autho-
rized agents.
44-3-183. If a developer or any other person subject to this
article violates any provision of this article or any provision of the
project instruments, any person or class of persons adversely affected
by the violation has a claim for appropriate relief. Punitive damages
may be awarded for a willful violation of this article. The court may
also award reasonable attorneys fees.
44-3-184. A judicial proceeding where the accuracy of the public
offering statement or validity of any sales agreement is an issue and a
rescission of the sales agreement is sought or damages are sought
must be commenced within one year after the date of the sales
1284
GENERAL ACTS AND RESOLUTIONS, VOL. I
agreement, notwithstanding that the purchasers terms of payments
may extend beyond the period of limitations. However, with respect
to the enforcement provisions in the sales agreement which require
the continued furnishing of services and the reciprocal payments to
be made by the purchaser, the period of bringing a judicial proceeding
will continue for a period of three years for each breach, but the
parties may agree to reduce the period of limitation to not less than
two years.
Part 4
44-3-185. (a) It shall be unlawful for any person, directly or
indirectly, to sell or offer for sale time-share intervals in this state by
authorizing, using, directing, or aiding in the dissemination, publi-
cation, distribution, or circulation of any statement, advertisement,
radio broadcast, or telecast concerning the time-share project in
which the time-share intervals are offered, which contains any state-
ment, or sketch which is false or misleading or contains any represen-
tation or pictorial representation of proposed improvements or non-
existent scenes without clearly indicating that the improvements are
proposed and the scenes do not exist.
(b) Nothing in this Code section shall be construed to hold the
publisher or employee of any newspaper, or any job printer, or any
broadcaster or telecaster, or any magazine publisher, or any of the
employees thereof, liable for any publication referred to in subsection
(a) of this Code section unless the publisher, employee, or printer has
actual knowledge of the falsity thereof or has an interest either as an
owner or agent in the time-share project so advertised.
44-3-186. (a) All advertising materials proposed for use by any
person in connection with the sale or offer for sale of time-share
intervals in this state shall be filed with the commission within ten
days after their use. Advertising materials include, but are not
limited to, the following:
(1) Promotional brochures, pamphlets, advertisements, or
other materials to be disseminated to the public in connection
with sale of time-share intervals;
(2) Transcripts of all radio and television advertisements;
GEORGIA LAWS 1983 SESSION
1285
(3) Offers of travel, accommodations, meals, or entertain-
ment at no cost or reduced cost;
(4) Direct mail solicitation;
(5) Advertising including testimonials or endorsements; or
(6) Scripts or standardized narrative for use in making
telephone solicitations.
(b) Nothing contained in this Code section shall be construed in
any manner as a grant of approval by the commission or by the State
of Georgia to any advertising material.
44-3-187. No advertising for the sale or offer for sale of time-
share intervals shall:
(1) Contain any representation as to the availability of a
resale program or rental program offered by or on behalf of the
developer or its affiliate unless the resale program or rental
program has been made a part of the offering and submitted to the
commission;
(2) Contain an offer or inducement to purchase which pur-
ports to be limited as to quantity or restricted as to time unless the
numerical quantity or time applicable to the offer or inducement
is clearly and conspicuously disclosed;
(3) Contain statements concerning the availability of time-
share intervals at a particular minimum price if the number of
time-share intervals available at that price comprises less than 10
percent of the unsold inventory of the developer, unless the
number of time-share intervals then for sale at the minimum price
is set forth in the advertisement;
(4) Contain any statement that the time-share interval
being offered for sale can be further divided unless a full disclo-
sure is included as the legal requirements for further division of
the time-share interval;
(5) Contain any asterisk or other reference symbol as a
means of contradicting or changing the ordinary meaning of any
previously made statement in the advertisement in such a manner
as to mislead the public;
1286
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Misrepresent the size, nature, extent, qualities, or char-
acteristics of the accommodations or facilities which comprise the
time-share project;
(7) Misrepresent the nature or extent of any services inci-
dent to the time-share project;
(8) Misrepresent or imply that a facility or service is
available for the exclusive use of purchasers or owners if a public
right of access or of use of the facility or service exists;
(9) Make any misleading or deceptive representation with
respect to the registration of the time-share project, the sales
agreement, the purchasers rights, privileges, benefits, or obliga-
tions under the sales agreement or this article;
(10) Misrepresent the conditions under which a purchaser or
owner may participate in an exchange program;
(11) Purport to have resulted through a referral unless the
name of the person making the referral can be produced upon
demand of the commission;
(12) Describe any proposed or uncompleted private facilities
over which the developer has no control or documented right of
use unless the estimated date of completion is set forth and
evidence has been presented to the commission that the comple-
tion and operation of the facilities are reasonably assured within
the time represented in the advertisement;
(13) Contain any statement that the developer plans to affili-
ate with an exchange program; or
(14) No person shall advertise or represent that the commis-
sion has recommended the time-share project or any of the
documents contained in the application for registration.
44-3-188. (a) It is unlawful for any person to offer, by mail, by
telephone, or in person, a prize or gift with the intent to offer a sales
presentation for a time-share project, without disclosing at the time
of the offer of the prize or gift, in a clear and unequivocal manner, the
intent to offer the sales presentation. The following unfair acts or
practices undertaken by or omissions of any person in the operation
GEORGIA LAWS 1983 SESSION
1287
of any prize or gift promotional offer made with the intent to offer a
sales presentation for a time-share project are prohibited:
(1) Failing clearly and conspicuously to disclose all rules,
regulations, terms, and conditions of the promotional program;
the exact nature and approximate retail value of the prizes when
offered; the date or dates on or before which the prize or gift offer
will terminate or expire; the odds of receiving any prize or gift;
(2) Failing to obtain the express written consent of individ-
uals before their names are used for a promotional purpose in
connection with a mailing to a third person;
(3) Failing to award and distribute at least one of each prize
or gift of the value and type represented in the promotional
program by the day and year specified in the promotion. When a
promotion promises the award of a prescribed number of each
prize, such number of prizes shall be awarded by the date and year
specified in the promotion; or
(4) Misrepresenting in any manner the odds of receiving
any prize or gift, the rules, terms, or conditions of participation in
the promotional program.
(b) The provisions of this Code section are cumulative with the
provisions of Code Section 16-12-36, relating to promotional contests
in general.
Part 5
44-3-189. In the developers financing of a time-share program,
the developer shall retain financial records of the schedule of pay-
ments required to be made and the payments made to any person or
entity which is the holder of an underlying blanket mortgage, deed of
trust, contract of sale, or other lien or encumbrance which is not
subordinated to the time-share program and shall be made available
upon reasonable request to owners of time-share intervals in the time-
share program, the time-share programs association, and to the
commission. The commission, in its discretion, may require the
developer to submit periodic, written reports from the mortgagee,
lienholder, or other creditor of the status of payments made on any
underlying blanket mortgage, deed of trust, contract of sale, or other
lien or encumbrance which is not subordinated in the time-share
1288
GENERAL ACTS AND RESOLUTIONS, VOL. I
program. Any transfer of the developers interest in the time-share
program to any third person shall be subject to the obligations of the
developer.
44-3-190. The developer whose project is subject to an underly-
ing blanket lien or encumbrance shall protect nondefaulting purchas-
ers from foreclosure by the lienholder by obtaining from the lien-
holder a nondisturbance clause, subordination agreements, partial
release of the lien as the time-share intervals are sold, or an agreement
in writing that the lienholder will purchase nondefaulting purchasers
intervals in an amount equal to the amount actually paid by the
purchaser toward the purchase price of the time-share interval.
Part 6
44-3-191. (a) Unless otherwise exempted by Code Section 44-3-
197, a developer shall not offer or dispose of a time-share interval
unless the time-share program is registered with the commission. A
developer may not dispose of or transfer a time-share interval while
an order revoking or suspending the registration of the time-share
program is in effect.
(b) It shall be unlawful for any person to act as the managing
agent of a time-share program unless that person has registered with
the commission.
(c) It shall be unlawful for any exchange program to operate in
this state or to offer its services in this state unless it has registered
with the commission.
(d) The commission may deny any application for registration or
reprimand, suspend, or revoke the registration of a time-share pro-
gram if the developer or the developers agent or, in the case of a
corporate applicant or registrant, its officers, directors, or principals:
(1) Does not bear a good reputation for honesty, trustwor-
thiness, integrity, and competence and, where the developer is a
corporation or partnership, only if the stockholders or partners
who have a controlling interest therein bear a good reputation for
honesty, trustworthiness, and integrity;
(2) Submits an incomplete application for registration
required in Code Section 44-3-193 or has made a false statement of
GEORGIA LAWS 1983 SESSION
1289
a material fact on the application or caused to be submitted or
been a party to preparing or submitting any falsified application
to the commission;
(3) Has been convicted of or had criminal penalties imposed
as a result of a plea of nolo contendere to charges of any crime
involving land dispositions, any crime of moral turpitude, any
felony, any violations of securities laws, any fraudulent business
activities, or any requirement of this article or any similar law of
the United States or any other state or foreign country, or has
been subject to any injunction or administrative order within the
past ten years restraining a false or misleading promotional plan
involving any of the activities above;
(4) Has had a sanction other than a reprimand imposed
against any real estate brokers, associate brokers or salespersons
license he may hold;
(5) Does not own the time-share project;
(6) Has been involved with a time-share program whose
registration has been disciplined by a regulatory agency in this
state or any other state; or
(7) Fails to utilize properly licensed real estate brokers as
sales agents if required by Chapter 40 of Title 43.
(e) The commission may deny any application for registration or
reprimand, suspend, or revoke the registration of any managing agent
or exchange program on the grounds provided for in paragraphs (1),
(2), (3), (4), and (6) of subsection (d) of this Code section.
44-3-192. It shall be unlawful for any person to engage in the
business of, act in the capacity of, advertise, or assume to act as a sales
agent within this state without first obtaining a license to act as a real
estate broker if required by Chapter 40 of Title 43. Any managing
agent whose duties include the collection of rent, handling of trust
funds, negotiation of leases, occupancy contracts, or sales agreements
shall be required to be licensed as a real estate broker if required by
Chapter 40 of Title 43.
44-3-193. (a) An application for registration of the time-share
program must contain:
1290
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The public offering statement required by Code Section
44-3-172 of this article or a public offering statement acceptable to
the commission as provided for in Code Section 44-3-178 of this
article;
(2) A brief description of the property;
(3) Financial statements prepared in accordance with gen-
erally accepted accounting principles fully disclosing the current
financial position of the developer;
(4) Copies of the time-share instruments and any docu-
ments referred to therein;
(5) The names of sales agents, managing agents, and
exchange programs to be used with the program;
(6) The name of the bank in which the escrow agent for the
program maintains a separate trust account and the name or
number of the account and an authorization to the commission to
examine such trust account by a duly authorized representative of
the commission at such reasonable time or times as the commis-
sion may with notice to the escrow agent and developer direct;
(7) All advertising materials to be used in offering for sale
the time-share intervals; and
(8) Such other information as may be required by the
commissions rules and regulations.
(b) An application for registration of the managing agent must
contain the name and address of the managing agent, the name of the
bank in which the managing agent for the program maintains a
separate trust account and the name or number of the account, and an
authorization to the commission, upon notice to the escrow agent and
the managing agent, to examine such trust account by a duly autho-
rized representative of the commission at such reasonable time or
times as the commission may direct, and such other information as
may be required by the commissions rules and regulations.
(c) The application for registration of a time-share exchange
program must contain that information provided for in paragraph (2)
of subsection (a) of Code Section 44-3-172 and such other information
as may be required by the commissions rules and regulations.
GEORGIA LAWS 1983 SESSION
1291
(d) The application provided for in subsections (a), (b), and (c)
of this Code section must be accompanied by any reasonable fees
established by the commission.
44-3-194. (a) Time-share projects located outside this state
and offered for sale in this state and managing agents and exchange
programs located outside this state and operating in this state must
comply with all of the provisions of this article.
(b) Out-of-state projects, managing agents, and exchange pro-
grams applying for registration in this state must comply with all of
the provisions of Code Section 44-3-193 and in addition, must supply
the commission with the following:
(1) A statement from the state agency, if any, regulating
time-share projects in the jurisdiction in which the time-share
project, managing agent, or exchange program is located that the
applicant has complied with the time-share registration require-
ments of that jurisdiction and that there have been no disciplinary
actions against the applicant; and
(2) A designation in writing that appoints the real estate
commissioner to act as the applicants agent, upon whom all
judicial and other process or legal notices directed to such appli-
cant may be served. Service upon the commissioner shall be
equivalent to personal service upon the applicant.
44-3-195. (a) The commission shall establish reasonable fees
for the registration, on-site inspection, and application investigation,
if necessary, of three categories of registrants: time-share programs,
managing agents, and exchange programs. Reasonable fees shall also
be established for the annual renewal of time-share programs, man-
aging agents, and exchange programs and the filing with the commis-
sion of any changes to registrations required by this article.
(b) The commission is authorized to establish through its rule-
making authority the amount of any fee which it is authorized by this
article to charge and collect. Each fee so established shall be
reasonable and shall be determined in such a manner that the total
amount of fees charged and collected by the commission shall approx-
imate the total of the direct and indirect costs to the state of the
enforcement of this article. The commission shall consider the cost
incurred to regulate the activities of each category of registrants in
1292
GENERAL ACTS AND RESOLUTIONS, VOL. I
establishing their respective fees. The expenses of the commission
must always be kept within the income collected and deposited in
accordance with this article and the expense thereof shall not be
supported or paid from any other state fund. No fee or portion of a fee
required under this article which is paid to the commission shall be
refunded. Each applicant shall be responsible for filing his own fees.
44-3-196. (a) Except as otherwise provided in this Code sec-
tion, the effective date of the registration or any amendment thereto
shall be the sixtieth day after the filing of a completed application and
fee or such earlier date as the commission may determine, having due
regard to the public interest and the protection of purchasers. If any
amendment to any such registration is filed prior to the effective date,
the registration shall be deemed to have been filed when such proper
application and fee for amendment was filed.
(b) If it appears to the commission that the application for
registration or any amendment thereto is on its face incomplete or
inaccurate in any material respect, the commission shall so advise the
developer, managing agent, or exchange company prior to the date
the registration would otherwise be effective. Such notification shall
serve to suspend the effective date of the registration until the
sixtieth day after the developer, managing agent, or exchange com-
pany files such additional information as the commission shall
require. Upon denial of an application, the developer, managing
agent, or exchange company may request a hearing in accordance
with Chapter 13 of Title 50, the Georgia Administrative Procedure
Act.
44-3-197. No registration with the commission shall be required
in the case of:
(1) Any transfer of a time-share interval by any time-share
interval owner other than the developer or his agent;
(2) Any disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclo-
sure;
GEORGIA LAWS 1983 SESSION
1293
(5) A disposition of a time-share interval in a time-share
project situated wholly outside this state, provided that all solici-
tations, negotiations, and sales agreements took place wholly
outside this state and the sales agreement was executed wholly
outside this state;
(6) A gratuitious transfer of a time-share interval; or
(7) Group reservations made for 15 or more people as a
single transaction between a hotel and travel agent or travel
groups for hotel accommodations when deposits are made and
held for more than three years in advance.
Part 7
44-3-198. (a) The commission shall have the full power to
regulate the registration of time-share programs, managing agents,
and exchange programs and to revoke, suspend, or reprimand the
registration of same.
(b) The commission may adopt, amend, and repeal rules and
regulations and issue orders consistent with and in furtherance of the
objectives of this article. The commission may prescribe forms and
procedures for submitting information to the commission and to
prospective purchasers.
(c) The commission may accept grants or funds from any gov-
ernmental source and may contract with governmental agencies
charged with similar functions in this or other jurisdictions in further-
ance of the objectives of this article.
(d) The commission may cooperate with governmental agencies
performing similar functions in this and other jurisdictions to develop
uniform filing procedures and forms, uniform disclosure standards,
and uniform administrative practices and may develop information
that may be useful in the discharge of the duties.
(e) The commission shall employ such persons as are necessary
to carry out the provisions of this article in accordance with its
authority as set out in Code Section 43-40-4.
1294
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) The commissioner shall be charged with the duties and
powers as delegated by the commission.
44-3-199. (a) The commission at any time may require a devel-
oper to alter or supplement the form of or information contained in
the public offering statement to assure that the public offering
statement adequately and accurately discloses to prospective pur-
chasers the material required to be disclosed by this article.
(b) The public offering statement shall not be used for any
promotional purposes before registration and afterwards only if it is
used in its entirety. No person shall advertise or represent that the
commission has approved or recommended the time-share program,
the disclosure statement, or any of the documents contained in the
application for registration.
44-3-200. Any developer or its agents shall keep among its
business records and make reasonably available for examination to
the commission or its authorized agents the following:
(1) A copy of each item required to be submitted to the
commission on the application for registration as provided in Code
Section 44-3-193;
(2) A copy of the sales agreement from each sale of a time-
share interval in the time-share project, which sales agreement
shall be retained for a period of at least three years after parties to
the sale have completely performed all of their obligations there-
under; and
(3) A list of all employees or independent contractors,
including their last known mailing address, which list shall include
all current and previous employees or independent contractors
whose employment or contract has been terminated within the
preceding three years.
44-3-201. (a) The commission may, upon its own motion, and
shall, upon the sworn written request of any person, investigate the
actions of any developer, sales agent, managing agent, or exchange
program. Any person authorized to conduct an investigation on
behalf of the commission shall have access to and may examine any
writings, documents, or other material which may be related to an
investigation made upon the order of the commission. In the conduct
GEORGIA LAWS 1983 SESSION
1295
of an authorized investigation, the commissioner or the chairman of
the commission may issue subpoenas to compel production of such
writings, documents, or material either on behalf of the commission
or, after the service of a notice of hearing, at the request of a
respondent. The commission or the respondent may apply to the
superior court of the county in which a person disobeying a subpoena
resides for an order requiring compliance. Failure to comply with
such an order shall be punishable as for contempt of court.
(b) The results of all investigations shall be reported only to the
commission or to the commissioner and the records of such invest-
igations shall be kept by the commission and no part of any invest-
igative record shall be released for any purpose other than a hearing
before the commission or its designated hearing officer, a review by
the respondent or his legal counsel after the service of a notice of
hearing, a review by the commissions legal counsel, a review by
another governmental agency which regulates time-share programs,
or an appeal of a decision by the commission to a court of competent
jurisdiction. After service of a notice of hearing, a respondent shall
have a right to obtain a copy of the investigative record pertaining to
the respondent.
(c) After holding a hearing in accordance with Chapter 13 of
Title 50, the Georgia Administrative Procedure Act, the commission
may reprimand, suspend, or revoke the registration of any time-share
program, managing agent, or exchange program if the developer or
the developers agent has been found guilty of, if the managing agent
has been found guilty of, or if the exchange program has been found
guilty of a violation of any of the provisions of this article, or any of
the following unfair trade practices:
(1) Making any false or misleading representation in any
document or information filed with the commission;
(2) Engaging in or has engaged in any unlawful act or
practice prohibited by this article;
(3) Disseminating or causing to be disseminated orally or in
writing any false or misleading promotional materials in connec-
tion with a time-share program;
(4) Concealing, diverting, or disposing of any funds or assets
of any person in a manner impairing rights of purchasers of time-
share intervals in the time-share program;
1296
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Making a substantial misrepresentation to a purchaser
or prospective purchaser;
(6) Failing to perform any stipulation or agreement made to
induce the commission to issue an order relating to that time-
share program;
(7) Violating any order of the commission;
(8) Employing or contracting with a person to sell time-
share intervals whose real estate brokers, associate brokers, or
salespersons license has been suspended or revoked by the com-
mission;
(9) Advertising that the development plans to affiliate with
an exchange program;
(10) Continuing to sell time-share intervals after becoming
more than three months in arrears in making payments on any
encumbrance against the time-share project;
(11) Having been involved with a time-share program whose
registration has been disciplined by a regulatory agency of this
state or any other state; or
(12) Having been convicted of any crime involving land
dispositions, any crimes of moral turpitude, any violations of
securities law, any fraudulent business activities, or any require-
ment of this article or any similar law of the United States or any
other state or foreign country, or has been subject to any injunc-
tion or administrative order restraining a false or misleading
promotional plan involving any of the activities above.
(d) The commission may issue a cease and desist order if a
developer has failed to register a time-share program or if a managing
agent or exchange program have failed to register as required by this
article.
44-3-202. Any person subject to the provisions of this article who
violates any of the provisions of this article shall be guilty of a
misdemeanor. The commission may apply to any court of competent
jurisdiction for imposition of a monetary penalty or imprisonment for
any violations of this article.
GEORGIA LAWS 1983 SESSION
1297
44-3-203. Any developer or any person subject to this article who
offers or disposes of a time-share interval without having complied
with this article or who violates any provisions of this article shall be
guilty of a misdemeanor.
44-3-204. (a) This article shall be the sole law of the state
under which the sale of time-share intervals for which registration is
required shall be regulated. Without limiting the generality of the
foregoing, no registration or qualification shall be required under any
of the following as a condition to the offer for sale of time-share
intervals registered with the commission:
(1) Chapter 5 of Title 10; provided, however, that Code
Section 10-5-12 shall apply if the time-share program has not been
registered with the commission as required by this article;
(2) Articles 1 and 2 of this chapter; or
(3) Any other provision of law which, but for the existence
of this article, requires registration with this agency or another
state agency as a condition to the sale or offer for sale of time-
share intervals.
(b) 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, nor shall anything in this article be deemed to abrogate the
private right of action under said part.
44-3-205. The provisions of this article shall apply to any time-
share program located in this state or outside this state when offered
for sale in this state created or commenced after the effective date of
this article and 180 days after its effective date as to any time-share
program heretofore created or commenced.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
1298
GENERAL ACTS AND RESOLUTIONS, VOL. I
FAIR BUSINESS PRACTICES ACT OF 1975 AMENDED.
Code Section 10-1-393 Amended.
No. 509 (House Bill No. 545).
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the
Official Code of Georgia Annotated, the Fair Business Practices Act
of 1975, so as to include as an unlawful practice the failure of a
hospital or long-term care facility to provide itemized statements of
charges under certain conditions; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the
Official Code of Georgia Annotated, the Fair Business Practices Act
of 1975, is amended by adding a semicolon outside the quotation
marks at the end of subparagraph (b)(13)(C) of Code Section 10-1-
393, relating to unfair or deceptive practices in consumer trans-
actions, and by adding a new paragraph (14) to said subsection to read
as follows:
(14) Failure of a hospital or long-term care facility to deliver to
an inpatient who has been discharged or to his legal representative,
not later than six business days after the date of such discharge, an
itemized statement of all charges for which the patient or third-party
payor is being billed.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
GEORGIA LAWS 1983 SESSION
1299
CORPORATIONS NUMBER OF DIRECTORS
REQUIRED.
Code Section 14-2-141 Amended.
No. 510 (House Bill No. 188).
AN ACT
To amend Code Section 14-2-141 of the Official Code of Georgia
Annotated, relating to the number of directors of a corporation, so as
to change the number of directors required for a corporation; to
provide for fixing the number of directors; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 14-2-141 of the Official Code of
Georgia Annotated, relating to the number of directors of a corpora-
tion, is amended by striking subsection (a), which reads as follows:
(a) The number of directors of a corporation shall not be less
than three, except that if all the shares of a corporation are owned
beneficially and of record by less than three shareholders, the number
of directors may be less than three but not less than the number of
shareholders. Subject to such limitation, the number of directors shall
be fixed by the bylaws, except as to the number constituting the
initial board of directors, which number shall be fixed by the articles
of incorporation. The bylaws may authorize the number of directors
to vary between a specified maximum and minimum number, and in
such case the exact number within such maximum and minimum
shall be fixed by resolution of the shareholders from time to time.,
in its entirety and inserting in lieu thereof a new subsection (a) to read
as follows:
(a) The board of directors of a corporation shall consist of one
or more members but if the board of directors consists of only one
member, then at least fifty-one percent of the stock of the corporation
must be held by one person. The number of directors shall be fixed by
the bylaws, except as to the number constituting the initial board of
directors, which number shall be fixed by the articles of incorpora-
1300
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion. The bylaws may authorize the number of directors to vary
between a specified maximum and minimum number, and in such
case the exact number within such maximum and minimum shall be
fixed by resolution of the shareholders from time to time.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
MOTOR VEHICLES AFFIXING MATERIAL TO
WINDSHIELD OR FRONT DOOR WINDOWS WHICH
OBSTRUCTS VISION INTO VEHICLE PROHIBITED
EXCEPTIONS.
Code Section 40-8-73.1 Enacted.
No. 511 (Senate Bill No. 2).
AN ACT
To amend Chapter 8 of Title 40 of the Official Code of Georgia
Annotated, relating to equipment and inspection of vehicles, so as to
provide that it shall be unlawful to affix material to the front
windshield or right or left front door windows of a motor vehicle
which will obstruct vision into the vehicle; to make it unlawful to
operate a motor vehicle which has material affixed to the front
windshield or right or left front door windows of the vehicle which
obstructs vision into the vehicle; to provide for exceptions; to provide
penalties for violations; 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 8 of Title 40 of the Official Code of Georgia
Annotated, relating to equipment and inspection of vehicles, is
GEORGIA LAWS 1983 SESSION
1301
amended by adding between Code Sections 40-8-73 and 40-8-74 a new
Code section, to be designated Code Section 40-8-73.1, to read as
follows:
40-8-73.1. (a) It shall be unlawful for any resident person,
firm, or corporation to affix any material to the front windshield or
right or left front door windows of a motor vehicle which will obstruct
vision into the vehicle.
(b) It shall be unlawful for any resident person to operate a
motor vehicle in this state which has material affixed to the front
windshield or right or left front door windows of the vehicle which
obstructs vision into the vehicle.
(c) (1) The provisions of this Code section shall not apply to:
(A) Motor common carriers or motor contract carriers
regulated by the Public Service Commission pursuant to Title
46;
(B) Ambulances or other medical service vehicles
licensed by the Department of Human Resources pursuant to
Title 31;
(C) Funeral coaches or hearses, provided they are oper-
ated by or pursuant to the authorization of a person licensed
under Chapter 18 of Title 43; and
(D) Motor vehicles participating in organized parades
when the driver or the parade manager has been issued a
parade permit by the State of Georgia or by any political
subdivision of the state.
(E) Licensed limousines for hire being regulated by the
Public Service Commission or a political subdivision of this
State.
(2) The provisions of this Code section shall not apply to the
manufacturers tinting of windshields or windows of motor
vehicles or to certificates or identification decals or other papers
required by law to be displayed on such windshields or windows.
1302
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) The provisions of this Code section shall not apply to
transparent sun-screening material installed, affixed, or applied
to the topmost portion of the front windshield or right or left front
door windows if:
(A) The bottom edge of the material on the front
windshield is at least 29 inches above the undepressed
drivers seat when measured from a point five inches in front
of the bottom of the backrest with the drivers seat in its
rearmost and lowermost position with the vehicle on a level
surface;
(B) The material is not red or amber in color;
(C) There is no opaque lettering on the material and
any other lettering does not affect primary colors or distort
vision through the windshield or windows; and
(D) The material does not reflect sunlight or headlight
glare into the eyes of occupants of oncoming or following
vehicles to any greater extent than the windshield or window
without the material.
(d) Any resident person, firm, or corporation violating the provi-
sions of subsections (a) and (b) of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a
fine not to exceed $1,000.00 or by imprisonment not to exceed 12
months, or both.
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 March 29,1983.
GEORGIA LAWS 1983 SESSION
1303
INDEMNIFICATION OF LAW ENFORCEMENT
OFFICERS, FIREMEN, ETC. DEFINITION
OF FIREMAN CHANGED.
Code Section 45-9-81 Amended.
No. 512 (House Bill No. 153).
AN ACT
To amend Code Section 45-9-81 of the Official Code of Georgia
Annotated, relating to definitions with respect to the indemnification
of law enforcement officers, firemen, and prison guards, so as to
change the definition of the term fireman; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-9-81 of the Official Code of Georgia
Annotated, relating to definitions with respect to the indemnification
of law enforcement officers, firemen, and prison guards, is amended
by striking paragraph (2) in its entirety and inserting in lieu thereof a
new paragraph (2) to read as follows:
(2) (A) Fireman means any person who is employed as a
professional firefighter on a full-time basis of at least 40 hours per
week by any municipal, county, or state government fire depart-
ment employing three or more firemen and who has the responsi-
bility of preventing and suppressing fires, protecting life and
property, and enforcing municipal, county, and state fire preven-
tion codes, as well as enforcing any law pertaining to the preven-
tion and control of fires.
(B) Fireman shall also mean any individual serving as an
officially recognized or designated member of a legally organized
volunteer fire department.
(C) Fireman shall also mean any individual employed by a
person or corporation which has a contract with a municipal
corporation or county to provide fire prevention and fire-fighting
services to such municipal corporation or county and any such
1304
GENERAL ACTS AND RESOLUTIONS, VOL. I
individual is employed on a full-time basis of at least 40 hours per
week and has the responsibility of preventing and suppressing
fires, protecting life and property, and enforcing municipal or
county fire prevention codes, as well as enforcing any municipal or
county ordinances pertaining to the prevention and control of
fires.
Section 2. This Act shall become effective upon its approval by
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 March 29,1983.
PERSONAL JURISDICTION OVER NONRESIDENTS
IN CERTAIN DOMESTIC RELATIONS CASES.
Code Section 9-10-91 Amended.
No. 513 (Senate Bill No. 239).
AN ACT
To amend Code Section 9-10-91 of the Official Code of Georgia
Annotated, relating to grounds for exercise of personal jurisdiction
over nonresidents, so as to provide for personal jurisdiction over
nonresidents in certain domestic relations cases; 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 9-10-91 of the Official Code of Georgia
Annotated, relating to grounds for exercise of personal jurisdiction
over nonresidents, is amended by striking said Code section in its
entirety and substituting in lieu thereof a new Code Section 9-10-91
to read as follows:
GEORGIA LAWS 1983 SESSION
1305
9-10-91. A court of this state may exercise personal jurisdiction
over any nonresident or his executor or administrator, as to a cause of
action arising from any of the acts, omissions, ownership, use, or
possession enumerated in this Code section, in the same manner as if
he were a resident of the state, if in person or through an agent, he:
(1) Transacts any business within this state;
(2) Commits a tortious act or omission within this state,
except as to a cause of action for defamation of character arising
from the act;
(3) Commits a tortious injury in this state caused by an act
or omission outside this state if the tort-feasor regularly does or
solicits business, or engages in any other persistent course of
conduct, or derives substantial revenue from goods used or con-
sumed or services rendered in this state;
(4) Owns, uses, or possesses any real property situated
within this state; or
(5) With respect to proceedings for alimony, child support,
or division of property in connection with an action for divorce or
with respect to an independent action for support of dependents,
maintains a matrimonial domicile in this state at the time of the
commencement of this action or, if the defendant resided in this
state preceding the commencement of the action, whether cohab-
iting during that time or not. This paragraph shall not change the
residency requirement for filing an action for divorce.
Section 2. This Act shall become effective upon its approval by
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 March 29,1983.
1306
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPERIOR COURT CLERKS TRAINING REQUIRED.
Code Section 15-6-50 Amended.
No. 514 (House Bill No. 436).
AN ACT
To amend Code Section 15-6-50 of the Official Code of Georgia
Annotated, relating to term of office and qualifications of clerks of the
superior courts, so as to change the provisions relating to additional
annual training for clerks; to require additional annual training for
clerks in order to receive credit for that year of service in determining
eligibility for retirement under the Superior Court Clerks Retire-
ment Fund of Georgia; 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 15-6-50 of the Official Code of Georgia
Annotated, relating to term of office and qualifications of clerks of the
superior courts, is amended by striking in its entirety paragraph (3) of
subsection (c) and inserting in lieu thereof a new paragraph (3) to
read as follows:
(3) Effective July 1, 1983, after the initial year of training as
required in paragraph (1) of this subsection, each clerk of the superior
court shall complete 20 hours of additional training per annum during
each year in which he serves as a clerk of the superior court and shall
file a certificate of additional training issued by the Institute of
Continuing Judicial Education of Georgia with the judge of the
probate court in his county. For each year the training requirements
of this paragraph are not completed and the certificate is not placed
on file, the clerk of the superior court will not receive credit for that
year of service for determining eligibility for retirement under the
Superior Court Clerks Retirement Fund of Georgia; provided, how-
ever, that, if a clerk fails to take the required training in any given
year, he may, upon written notice to the Superior Court Clerks
Training Council, make up such deficiency in the next succeeding
year and file the appropriate certificate of additional training with
the judge of the probate court.
GEORGIA LAWS 1983 SESSION
1307
Section 2. This Act shall become effective upon its approval by
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 March 29,1983.
HOSPITALS REQUIRED TO PROVIDE INFORMATION
REGARDING CHARGES, ETC.
Code Section 31-7-11 Enacted.
No. 515 (House Bill No. 544).
AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of
Georgia Annotated, relating to regulation of hospitals and related
institutions, so as to provide that hospitals be required to provide
certain information regarding charges; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code
of Georgia Annotated, relating to regulation of hospitals and related
institutions, is amended by adding a new Code Section 31-7-11 at the
end thereof to read as follows:
31-7-11. (a) Any hospital shall, upon request, provide a writ-
ten summary of certain hospital and related services charges, includ-
ing but not limited to:
(1) The average total charges per patient day for the facil-
itys previous fiscal year;
1308
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The daily rate for a room in said hospital, which rate
shall include an explanation of the categories of services included
in said charge;
(3) Anesthesia charges, with an explanation of the catego-
ries of services included in this charge;
(4) Operating room charges;
(5) Recovery room charges;
(6) Intravenous administration charges;
(7) Emergency room charges, with an explanation of the
categories of services included in the charge;
(8) The charge for the patient care kit or admission kit or
other such items furnished to the patient on admission;
(9) Charges for specific routine tests, including but not
limited to a complete blood count, urinalysis, and chest X-ray; and
(10) Charges for specific special tests, including but not
limited to electrocardiogram, electroencephalogram, CAT scan of
the head, CAT scan of liver, CAT scan of lungs, CAT scan of
skeletal system, spirometry, and complete pulmonary function.
Such written summary of charges shall be composed in a simple
clear fashion so as to enable consumers to compare hospital charges
and make cost-effective decisions in the purchase of hospital services.
(b) The department shall adopt rules and regulations to imple-
ment the provisions of this Code section and shall implement such
regulations as provided in Code Section 31-7-4.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
GEORGIA LAWS 1983 SESSION
1309
PROVISION REGARDING HUSBAND AS HEAD
OF HOUSEHOLD ABOLISHED.
Code Section 19-3-8 Amended.
No. 516 (House Bill No. 236).
AN ACT
To amend Article 1 of Chapter 3 of Title 19 of the Official Code of
Georgia Annotated, relating to general provisions regarding marriage,
so as to delete certain provisions regarding the husband being the
head of the family and the wife being subject to him and merging her
legal civil existence in the husband; to continue interspousal tort
immunity; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 3 of Title 19 of the Official Code
of Georgia Annotated, relating to general provisions regarding mar-
riage, is amended by striking in its entirety Code Section 19-3-8,
which reads as follows:
19-3-8. The husband is the head of the family and the wife is
subject to him; her legal civil existence is merged in the husband,
except insofar as the law recognizes her separately, for her own
protection, for her benefit, or for the preservation of public order.,
and inserting in its place a new Code Section 19-3-8 to read as follows:
19-3-8. Interspousal tort immunity, as it existed immediately
prior to the effective date of this Code section, shall continue to exist
on and after the effective date of this Code section.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
1310
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA FIREMENS PENSION FUND CERTAIN
TERMS REDEFINED CREDITABLE SERVICE, ETC.
Code Title 47, Chapter 7 Amended.
No. 517 (House Bill No. 196).
AN ACT
To amend Chapter 7 of Title 47 of the Official Code of Georgia
Annotated, relating to the Georgia Firemens Pension Fund, so as to
redefine certain terms, including the terms fireman and volunteer
fireman as such terms are used to define eligibility; to provide that
service shall not be creditable unless rendered while serving as a
fireman or volunteer fireman; to provide for eligibility for future
benefits in the event of a return to service of a disability or retirement
benefits recipient; to provide that disability benefits shall not be
payable with respect to any preexisting condition; to provide for
limitations on the assertion of stale claims; to provide that a represen-
tative of the board shall have the power to examine certain records; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 7 of Title 47 of the Official Code of Georgia
Annotated, relating to the Georgia Firemens Pension Fund, is
amended by striking from Code Section 47-7-1, relating to defini-
tions, paragraphs (2), (3), and (4), which read as follows:
(2) Firemen means all persons who are employed by a full-
time fire department of this state or any municipality or other
political subdivision thereof, which fire department is rated class one
through class eight, inclusive, by the Insurance Services Office, or its
successor, and which fire department is financed by public subscrip-
tion and is not privately owned, on a full-time basis as permanent
employees of such department, which department must own fire
apparatus and equipment of the value of $5,000.00 or more.
(3) Fund means the Georgia Firemens Pension Fund.
GEORGIA LAWS 1983 SESSION
1311
(4) Volunteer firemen means all individuals (A) who are
appointed and regularly enrolled in any volunteer fire department or
part-paid and part-volunteer fire department of this state or any
political subdivision or municipality thereof, or a paid, part-paid, or
volunteer fire department that is financed by public subscription and
is not privately owned, which holds drills and meetings of not less
than eight hours monthly, which owns fire apparatus and equipment
of the value of $5,000.00 or more, and which is recognized by the
Insurance Services Office, or its successor, as class one through class
eight, inclusive, and (B) who attend, during each year of creditable
service, a percentage of all drills, meetings, and fires, as prescribed by
the board. The board is authorized to prescribe the annual percentage
of attendance at drills, meetings, and fires necessary for volunteer
firemen to receive credit for service toward retirement benefits. In no
case shall the percentage be set at less than 50 percent of all drills,
meetings, and fires in any calendar year.,
in their entirety and substituting in lieu thereof new paragraphs (2),
(3), (4), (5), and (6) to read as follows:
(2) Fireman means a person who is a full-time employee of a
full-time fire department or a volunteer fire department and who in
the course of his employment by and within a full-time fire depart-
ment or a volunteer fire department either: (A) is a candidate for
or holds a current firefighters certificate issued under Article 1 of
Chapter 4 of Title 25 and principally performs the duties of a
firefighter as such term is now defined by paragraph (3) of Code
Section 25-4-2; or (B) principally performs support functions for fire
prevention and fire suppression activities of the fire department of a
type which the board by regulation finds have been traditionally and
customarily performed by employees of fire departments in the State
of Georgia, including, by way of illustration, administrative personnel
within the department, mechanics whose primary duties are the
maintenance and repair of fire-fighting equipment and apparatus,
communications and clerical personnel, and fire prevention and fire
inspection personnel. The board may require such evidence of an
applicants or members full-time employment as a fireman, as
defined by this paragraph, by a full-time or volunteer fire department
as it deems appropriate, including certification of the roster of the
department by the chief of such department.
(3) Full-time fire department means a full-time fire depart-
ment, separately organized and administered as such, of this state or
1312
GENERAL ACTS AND RESOLUTIONS, VOL. I
any municipality or other political subdivision thereof, which: (A) is
rated class one through class eight, inclusive, by the Insurance
Services Office, or its successor; (B) is financed by public appropri-
ation or subscription and is not privately owned; and (C) owns fire
apparatus and equipment having a value of $5,000.00 or more.
(4) Fund means the Georgia Firemens Pension Fund.
(5) Volunteer fire department means a volunteer fire depart-
ment or part-paid and part-volunteer fire department, separately
organized and administered as such, of this state or any municipality
or other political subdivision thereof or a paid, part-paid, or volunteer
fire department, separately organized and administered as such,
which in either case: (A) is financed by public appropriation or
subscription and is not privately owned; (B) is rated class one through
class eight, inclusive, by the Insurance Services Office, or its succes-
sor; (C) holds drills and meetings of not less than eight hours monthly;
and (D) owns fire apparatus and equipment having a value of
$5,000.00 or more.
(6) Volunteer fireman means an individual who is appointed
and regularly enrolled in any volunteer fire department; who attends,
during each year of creditable service, at least the percentage which
the board shall determine prior to the beginning of each year of all
drills and meetings of such department and fires to which such
department responds; and who, as a volunteer fireman, has the
principal responsibility of preventing or suppressing fires, protecting
life and property, and enforcing municipal, county, and state fire
prevention codes, as well as enforcing any law pertaining to the
prevention and control of fires. The board is authorized to prescribe
the annual percentage of attendance at drills, meetings, and fires
necessary for volunteer firemen to receive credit for service toward
retirement and other benefits under this chapter. In no case shall the
percentage be set by the board at less than 50 percent of all drills,
meetings and fires in any calendar year.
Section 2. Said chapter is further amended by adding at the end
of Article 5, relating to service creditable toward retirement, a new
Code Section 47-7-82 to read as follows:
47-7-82. No person otherwise properly admitted to the fund
prior to May 1,1983, shall be excluded from continuing membership
therein solely because his employment by a fire department is not in
GEORGIA LAWS 1983 SESSION
1313
the capacity of a fireman or volunteer fireman, but no credit shall be
given for service rendered after April 1, 1983, by any member of the
fund, whether admitted before or after that date, unless such service
is rendered as a fireman or volunteer fireman and no benefits payable
by the terms of this chapter to a fireman or volunteer fireman shall be
payable to any member unless such member is serving as a fireman or
volunteer fireman at the time such benefits are earned or become
payable, except as otherwise provided in Code Section 47-7-43. For
any period during which any member provides service which is not
creditable, the member shall be deemed to be on leave of absence
from the fund.
Section 3. Said chapter is further amended by adding at the end
of Code Section 47-7-101, relating to eligibility for retirement bene-
fits, a new subsection (c) to read as follows:
(c) Any person who again becomes a paid employee of a fire
department or of a volunteer fire department after having been
placed on retirement or disability under Code Section 47-7-100 or 47-
7-102 shall immediately notify the secretary-treasurer of such reem-
ployment. Retirement benefits being paid to such person shall be
suspended as of the date of such reemployment and shall remain
suspended until such reemployment terminates at which time the
payment of retirement benefits shall be resumed in the amount to
which the person was eligible at the time of his reemployment.
Disability benefits being paid to any such person shall be terminated
as of the date of such reemployment. Within six months of the
commencement of reemployment, any such person, who at the time of
his application otherwise meets the requirements for membership,
may by application in the manner provided by this chapter become a
member of the fund. Creditable service obtained by such applicant
prior to the commencement of his prior retirement or disability shall
be used in determining whether the applicant satisfies the age
requirements of subsection (a) of Code Section 47-7-40. In the event
the application is granted, such member, upon meeting the require-
ments provided by law, shall be entitled to all benefits provided for in
Code Sections 47-7-100 and 47-7-102, but the amount of monthly
retirement or disability benefit payable to such member thereunder
shall not exceed the amount of the monthly benefit which would be
payable to such member had such subsequent retirement or disability
become effective at the time of the members prior retirement or
disability, unless after such reemployment he shall have acquired not
less than seven years creditable service as a member of the fund.
1314
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said chapter is further amended by striking para-
graphs (4) and (5) of subsection (d) of Code Section 47-7-102, relating
to disability benefits and disqualification therefor, in their entirety
and substituting in lieu thereof new paragraphs (4), (5), and (6) to
read as follows:
(4) Mental or psychological causes;
(5) Injury sustained by the member while serving on active duty
in the armed forces or while on active duty in the National Guard or
other armed forces reserve unit; or
(6) An illness, disease, or physical injury or abnormality existing
or suffered prior to current membership in the fund or the aggrava-
tion of such preexisting illness, disease, or physical injury or abnor-
mality.
Section 5. Said chapter is further amended by adding at the end
thereof new Code Sections 47-7-124 and 47-7-125 to read as follows:
47-7-124. (a) No claim shall be made against the fund for
benefits or the return of contributions after the lapse of seven years
from the date on which the secretary-treasurer of the fund shall have
mailed by first-class mail to the last known address of the fireman or
volunteer fireman or other person eligible therefor, as such address is
reflected by the records of the fund, a written notice that the fireman
or volunteer fireman or other eligible person is or may be eligible for
such benefits or return of contributions; and, in the event any claim
for benefits or the return of contributions is barred in accordance with
this subsection, the amounts thereof shall be the property of the
Georgia Firemens Pension Fund. The bar period prescribed by this
subsection shall not begin to run with respect to a fireman or
volunteer fireman on leave of absence who has elected to leave his
contributions in the fund until the failure of the fireman or volunteer
fireman to provide written confirmation of his election to remain on
leave of absence within 60 days of a not more frequent than biennial
request for such confirmation mailed to the last known address of
such fireman or volunteer fireman, as such address is reflected by the
records of the fund.
(b) No action shall be brought contesting any determination of
the board with respect to eligibility for membership or continued
membership in the fund, creditable service, eligibility for retirement
GEORGIA LAWS 1983 SESSION
1315
or disability benefits, the amount of retirement or disability benefits
payable, or the termination or suspension of retirement or disability
benefits after the expiration of 60 days from the date on which written
notice of the final determination of the board is mailed by first-class
mail to the last known address of the fireman or volunteer fireman or
of the designated representative thereof, as such address is reflected
on the records of the fund; and no court shall have jurisdiction of any
action brought after the expiration of such period. The written notice
provided for in this subsection shall contain notice of the limitation
established by this subsection.
47-7-125. Upon request, an authorized representative of the
board shall have the power to inspect and copy or make extracts from
the records of any fire department or volunteer fire department
concerning any member of the fund or applicant for membership. It
shall be the duty of the custodian of such records for the fire
department or volunteer fire department to make such records
available to an authorized representative of the board at the location
at which such records are normally kept. Information so obtained by
the board shall not be disclosed by the board except in connection
with a matter involving the member or applicant for membership to
whom the records relate.
Section 6. This Act shall become effective on April 1,1983.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
1316
GENERAL ACTS AND RESOLUTIONS, VOL. I
INTEREST AND USURY CLASS ACTIONS TO
ASSERT VIOLATIONS WHERE LOANS SECURED BY
REAL ESTATE PROHIBITED.
Code Section 7-4-21 Enacted.
No. 518 (Senate Bill No. 283).
AN ACT
To amend Chapter 4 of Title 7 of the Official Code of Georgia
Annotated, relating to interest and usury, so as to provide that a claim
of violation on any loan secured by an interest in real estate may be
asserted in an individual action only and may not be the subject of a
class action; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 4 of Title 7 of the Official Code of Georgia
Annotated, relating to interest and usury, is amended by adding a
new Code Section 7-4-21 immediately following Code Section 7-4-20
to read as follows:
7-4-21. A claim of violation on any loan secured by an interest
in real estate may be asserted in an individual action only and may
not be the subject of a class action under Code Section 9-11-23 or any
other provisions of law.
Nothing contained in this Act shall be construed to affect any
class action which was pending in any court of this state, including
any United States courts, on February 15, 1983, as to the parties to
and subject matter then before such court.
Section 2. This Act shall become effective upon its approval by
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 March 29,1983.
GEORGIA LAWS 1983 SESSION
1317
HOSPITAL AUTHORITIES CONFLICT OF
INTEREST POLICY ESTABLISHED.
GEORGIA HOSPICE LAW ENACTED.
Code Title 31, Chapter 7 Amended.
No. 519 (House Bill No. 10).
AN ACT
To amend Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, relating to the regulation and construction of hospitals
and other health care agencies, so as to establish a conflict of interest
policy for members of such authorities; to specify conditions under
which such authorities may deal with one of their members or an
organization or person with which a member is in any way interested
or involved; to provide that no member who is present at any meeting
or who participates in any decision of such authority shall be prohib-
ited from providing legal services in connection with any of the
undertakings of the authority or from being paid for such services; to
provide for a program of care for terminally ill persons; to provide for
a short title; to provide for legislative findings; to provide for defini-
tions; to provide for administration; to provide certain requirements
for a hospice program; 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 7 of Title 31 of the Official Code of Georgia
Annotated, relating to the regulation and construction of hospitals
and other health care agencies, is amended by striking Code Section
31-7-74, relating to the residence and compensation of members of
hospital authorities, in its entirety and substituting in lieu thereof a
new Code Section 31-7-74 to read as follows:
31-7-74. (a) The members of a hospital authority shall be
residents of the participating units comprising the authority. The
requirement of residence shall not apply to authorities activated
under subsection (d) of Code Section 31-7-72, provided they are
selected from within the area of service and within 12 miles of the
hospital location or within 12 miles of the sponsoring county or
1318
GENERAL ACTS AND RESOLUTIONS, VOL. I
municipality, whichever is farther. The members shall elect one of
their number as chairman and another as vice-chairman and shall
also elect a secretary-treasurer, who need not be a member. The
members shall receive no compensation for their services, either as
members or as employees of the authority but may be reimbursed for
their actual expenses incurred in the performance of their duties. The
authority shall make rules and regulations for its governance and may
delegate to one or more of its members, officers, agents, or employees
such powers and duties as may be deemed necessary and proper.
(b) The provisions of Code Section 45-10-23 and any other Code
section shall be deemed to have been complied with and an authority
may purchase from, sell to, borrow from, loan to, contract with, or
otherwise deal with any member or any organization or person with
which any member of an authority is in any way interested or
involved, provided that:
(1) Any interest or involvement by such member is dis-
closed in advance to the authority and is recorded in the minutes
of the authority;
(2) No member 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 member 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 Code section, a substantial interest shall mean
any interest which reasonably may be expected to result in a direct
financial benefit to such member as determined by the authority,
which determination shall be final and not subject to review.
(c) Nothing contained in this article shall be deemed to prohibit
any member 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 2. Said chapter is further amended by adding at the end
thereof a new Article 8 to read as follows:
GEORGIA LAWS 1983 SESSION
1319
ARTICLE 8
31-7-170. This article shall be known and may be cited as the
Georgia Hospice Law.
31-7-171. (a) The General Assembly finds that there is an
interest in and need for hospice care, an alternative form of health
care, for terminally ill patients and their families. The General
Assembly further finds that hospice care is an important innovation
which should be recognized and encouraged.
(b) Recognizing that hospice programs respond to the need for
responsible, compassionate, palliative care for terminally ill persons
and for their families, extending into the bereavement period, this
General Assembly establishes definitions, standards, and provisions
for licensure and regulation for hospice programs in this state.
31-7-172. As used in this article, the term:
(1) Bereavement services means the supportive services
provided to the family unit to assist it in coping with the patients
death, including follow-up assessment and assistance through the
first year after death.
(2) Department means the Department of Human
Resources.
(3) Hospice means a public agency or private organization
or unit of either providing to persons terminally ill and to their
families, regardless of ability to pay, a centrally administered and
autonomous continuum of palliative and supportive care, directed
and coordinated by the hospice care team primarily in the
patients home but also on an outpatient and short-term inpatient
basis and which is classified as hospice by the department.
(4) Hospice care means both regularly scheduled care and
care available on a 24 hour on-call basis, consisting of medical,
nursing, social, spiritual, volunteer, and bereavement services
substantially all of which are provided to the patient and to the
patients family regardless of ability to pay under a written care
plan established and periodically reviewed by the patients
attending physician, by the medical director of the hospice pro-
gram, and by the hospice care team.
1320
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Hospice care team means an interdisciplinary working
unit composed of members of the various helping professions (who
may donate their professional services), including but not limited
to: a physician licensed or authorized to practice in this state, a
registered professional nurse, a social worker, a member of the
clergy or other counselor, and volunteers who provide hospice
care.
(6) Hospice patient family unit means the terminally ill
person and his or her family, which may include spouse, children,
siblings, parents, and other relatives with significant personal ties
to the patient.
(7) License means a license issued by the department.
(8) Palliative care means those interventions by the
hospice care team which are intended to achieve relief from,
reduction of, or elimination of pain and of other physical, emo-
tional, social, or spiritual symptoms of distress.
(9) Patient means a terminally ill individual receiving the
hospice continuum of services, regardless of ability to pay.
(10) Terminally ill means that the individual is experienc-
ing an illness for which therapeutic intervention directed toward
cure of the disease is no longer appropriate, and the patients
medical prognosis is one in which there is a life expectancy of six
months or less.
31-7-173. No person, private or public organization, political
subdivision, or other governmental agency may operate a hospice as
defined in Code Section 31-7-172 without first obtaining license from
the department. A license issued under this article is not assignable
or transferable and must be separate from any existing license and is
subject to suspension or revocation at any time for failure to comply
with the provisions of this article or with the appropriate regulations
promulgated by the department.
31-7-174. Any person, organization, or agency desiring to oper-
ate a hospice shall file with the department an application on a form
prescribed and furnished by the department. The application shall
contain such reasonable information as the department may require
related to the departments licensure purpose and function.
GEORGIA LAWS 1983 SESSION
1321
31-7-175. (a) The administration of this article is vested in the
Department of Human Resources which shall:
(1) Prepare and furnish all forms necessary under the provi-
sions of this article in relation to the application for licensure or
renewals thereof;
(2) After consultation with appropriate public interest
groups, adopt rules within the standards of this article necessary
to effect the purposes of this article; and
(3) Establish rules and regulations for the licensure of
hospices.
(b) Rules promulgated by the department shall include but not
be limited to the following:
(1) The qualifications of professional and ancillary person-
nel in order to furnish adequate hospice care;
(2) Standards for the organization and quality of patient
care;
(3) Procedures for maintaining records;
(4) Standards for inpatient facilities, to include speci-
fications that the hospice retain primary responsibility for the
coordination of inpatient hospice care;
(5) Provision for contractual arrangements for professional
and ancillary hospice services; and
(6) Provisions for the imposition of administrative fines for
any violations of any provisions of this article or of department
rules or regulations.
(c) The department is directed to have in place regulations by
March if 1984.
31-7-176. (a) The hospice care program shall coordinate its
services with those of the patients primary or attending physicians,
and may contract out for elements of services rendered to the patient
and family unit, but not for the basic hospice care services, provided
1322
GENERAL ACTS AND RESOLUTIONS, VOL. I
by physicians, attending nurses, and counselors. The hospice care
team shall be responsible for coordination of inpatient, outpatient,
and home care aspects of care.
(b) Hospice services must meet all applicable definitions pro-
vided for in Code Section 31-7-172.
(c) A hospice program of care shall not impose the dictates of
any value or belief system on its patients and their family units.
31-7-177. Since hospice care is primarily provided at home,
licensure shall not be determined solely on the number of inpatient
beds needed for service. Inpatient beds under contract to a hospice
program may be used by the hospice when needed but may remain
otherwise available to the inpatient unit at other times without a
change in licensing.
31-7-178. The department shall periodically inspect each
hospice for which a license has been issued to ensure that the licensee
is providing quality care to its patients; provided, however, that a
hospice shall be exempt from additional on-site licensure inspection if
certified in accordance with federal regulations governing hospice.
31-7-179. Where a hospice has obtained a license from the
department, there shall be no requirement that the hospice obtain a
certificate of need in order to provide any hospice care.
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 29,1983.
GEORGIA LAWS 1983 SESSION
1323
HOSPITALS AND RELATED INSTITUTIONS
EMERGENCY RELOCATION OF PATIENTS OR
RESIDENTS, ETC.
Code Title 31, Chapter 7 Amended.
No. 520 (Senate Bill No. 190).
AN ACT
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of
Georgia Annotated, relating to the regulation of hospitals and related
institutions, so as to provide for emergency orders to relocate institu-
tional patients or residents, to place monitors in institutions, and to
prohibit admissions to institutions; to provide for procedures and
costs; to provide for the cumulative nature of emergency orders; to
provide for the inspection of personal care facilities and fees therefor;
to provide a definition; 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. Article 1 of Chapter 7 of Title 31 of the Official Code
of Georgia Annotated, relating to the regulation of hospitals and
related institutions, is amended by adding following Code Section 31-
7-2.1 a new Code Section 31-7-2.2 to read as follows:
31-7-2.2. (a) (1) The commissioner may order the emer-
gency relocation of patients or residents from an institution
subject to licensure under this chapter when the commissioner has
determined that the patients or residents are subject to an immi-
nent and substantial danger.
(2) When an order is issued under this subsection, the
commissioner shall provide for:
(A) Notice to the patient or resident, his next of kin or
guardian, and his physician of the emergency relocation and
the reasons therefor;
1324
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Relocation to the nearest appropriate institution;
and
(C) Other protection designed to ensure the welfare
and, when possible, the desires of the patient or resident.
(b) (1) The commissioner may order the emergency placement
of a monitor in an institution subject to licensure under this
chapter when one or more of the following conditions are present:
(A) The institution is operating without a permit;
(B) The department has denied application for a
permit or has initiated action to revoke the existing permit of
the institution;
(C) The institution is closing or plans to close and
adequate arrangements for relocation of the patients or resi-
dents have not been made at least 30 days before the date of
closure; or
(D) The health, safety, security, rights, or welfare of the
patients or residents cannot be adequately assured by the
institution.
(2) A monitor may be placed, pursuant to this subsection, in
an institution for no more than ten days, during which time the
monitor shall observe conditions and institutional compliance
with any recommended remedial action of the department. The
monitor shall report to the department. The monitor shall not
assume any administrative responsibility within the institution,
nor shall the monitor be liable for any actions of the institution.
The costs of placing a monitor in an institution shall be paid by
the institution unless the order placing the monitor is determined
to be invalid in a contested case proceeding under subsection (d)
of this Code section, in which event the costs shall be paid by the
state.
(c) (1) The commissioner may order the emergency prohibi-
tion of admissions to an institution subject to licensure under this
chapter when an institution has failed to correct a violation of
departmental permit rules or regulations within a reasonable
period of time, as specified in the departments corrective order,
and the violation:
GEORGIA LAWS 1983 SESSION
1325
(A) Could jeopardize the health and safety of the resi-
dents or patients in the institution if allowed to remain
uncorrected; or
(B) Is a repeat violation over a 12 month period, which
is intentional or due to gross negligence.
(2) Admission to an institution may be suspended until the
violation has been corrected or until the department has deter-
mined that the institution has undertaken the action necessary to
effect correction of the violation.
(d) The commissioner may issue emergency orders pursuant to
this Code section only if authorized by rules and regulations of the
department. Unless otherwise provided in the order, an emergency
order shall become effective immediately. The department shall hold
a preliminary hearing within ten days following a request therefor by
any institution affected by an emergency order. If at the preliminary
hearing the order is determined by the department to be invalid, that
order shall thereupon become void and of no effect. If at the
preliminary hearing the order is determined by the department to be
valid, that determination shall constitute a contested case under
Chapter 13 of Title 50, the Georgia Administrative Procedure Act,
and that order shall remain in effect until determined invalid in a
proceeding regarding the contested case or until rescinded by the
commissioner, whichever is earlier. For purposes of this subsection,
an emergency order is valid only if the order is authorized to be issued
under this Code section and rules and regulations relating thereto.
(e) The powers provided by this Code section are cumulative of
all other powers of the department, board, and commissioner.
Section 1.1. Said article is further amended by adding at the
end thereof a new Code Section 31-7-11 to read as follows:
31-7-11. (a) As used in this Code section, the term personal
care home means a facility as defined in rules of the Department of
Human Resources, Chapter 290-5-35, as such rules exist on the
effective date of this Code section.
(b) The department may designate county boards of health to
act as agents to assist the department in inspecting personal care
homes licensed under this chapter. With approval of the department,
1326
GENERAL ACTS AND RESOLUTIONS, VOL. I
county boards of health may establish inspection fees to defray part
of the costs of inspections performed for the department.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
PUBLIC OFFICIALS AND EMPLOYEES CONFLICT
OF INTEREST CERTAIN CONDUCT PROHIBITED.
Code Title 45, Chapter 10 Amended.
Code Section 16-10-6 Amended.
No. 521 (House Bill No. 606).
AN ACT
To amend Article 2 of Chapter 10 of Title 45 of the Official Code of
Georgia Annotated, relating to conflicts of interest, generally, so as to
prohibit certain conduct by public officials, public employees, and
certain businesses; to provide definitions; to provide legislative
intent; to make it unlawful for public officials and employees to
engage in certain business transactions; to provide civil penalties; to
provide exceptions; to provide for applicability; to require certain
disclosures; to provide civil penalties for failing to make such disclo-
sures; to provide for civil sanctions and for removal from office or
employment; to provide for other matters relating thereto; to con-
tinue certain provisions relating to the State Merit System of Person-
nel Administration; to amend Code Section 16-10-6 of the Official
Code of Georgia Annotated, relating to transactions with the state by
certain persons, so as to delete certain references to prohibited
GEORGIA LAWS 1983 SESSION
1327
transactions; 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 10 of Title 45 of the Official Code
of Georgia Annotated, relating to conflicts of interest, generally, is
amended by striking Part 1 thereof, which reads as follows:
Part 1
45-10-20. (a) It shall be unlawful for any full-time appointive
state official or employee to contract to buy from or sell to the state
any real or personal property, goods, or services, or a combination
thereof, when such purchase or sale would benefit or be likely to
benefit such official or employee, provided that upon compliance with
the conditions and procedures set forth in this part, a chaplain,
fireman, any person holding a doctoral or masters degree from an
accredited college or university, a licensed physician, dentist, or
psychologist, or a registered nurse or licensed practical nurse, if
employed full time by the state, may sell his services to another
department, agency, commission, or authority of the state on a part-
time basis. The exclusive procedure to be followed in such instances is
as follows:
(1) The chief executive officer of the department, agency,
commission, or authority which desires to obtain the services of a
chaplain, fireman, any person holding a doctoral or masters
degree from an accredited college or university, a licensed physi-
cian, dentist, or psychologist, or a registered nurse or licensed
practical nurse presently employed full time by another depart-
ment, agency, commission, or authority of the state shall certify in
writing the need for the services and set forth why the best interest
of the state will be served by obtaining the part-time services of
such a person in lieu of obtaining such services from a person not
presently employed by the state;
(2) The chief executive officer of the department, agency,
commission, or authority presently employing the chaplain, fire-
man, any person holding a doctoral or masters degree from an
accredited college or university, the licensed physician, dentist, or
psychologist, or the registered nurse or licensed practical nurse on
a full-time basis shall certify in writing that the person whose
1328
GENERAL ACTS AND RESOLUTIONS, VOL. I
services are desired is available to perform such services, that the
performance of such services will not detract or have a detrimental
effect on the performance of said persons full-time employment
and, where appropriate, that the part-time employment of such
person by the department, agency, commission, or authority desir-
ous of obtaining the services will be in the best interest of the
state;
(3) The departments, agencies, commissions, or authorities,
after having complied with paragraphs (1) and (2) of subsection
(a) of this Code section shall, by agreement, establish the proce-
dures under which the employee shall perform the additional
services. The agreement shall specify the means of employment
either as a part-time employee or as a consultant, the compensa-
tion, and other pertinent details and conditions of the employ-
ment relationship. The agreement shall be terminable at any time
by either of the departments, agencies, commissions, or authori-
ties.
(b) The Public Service Commission may contract with state
agencies to use state employees.
(c) Notwithstanding any other provision of this part to the
contrary, the Georgia Public Service Commission shall be authorized
to employ and to pay for the services of any full-time state employee
who has any particular expertise or knowledge which may be of
assistance to the Georgia Public Service Commission or the Consum-
ers Utility Counsel in fulfilling its duties and responsibilities under
Title 46. The terms and conditions of such employment shall be solely
determined by the Georgia Public Service Commission; but, in any
event, the full-time employee may not provide services to the Georgia
Public Service Commission during such times as he is regularly
scheduled to be at his primary place of employment unless the
employee has received permission to do so from his regular employer
or unless the employee is on annual leave or leave without pay.
(d) This Code section shall in no way amend or repeal any
statute or regulation promulgated pursuant thereto pertaining to the
State Merit System of Personnel Administration.
(e) This Code section shall not apply to employees of depart-
ments of state government employed part time by the Georgia
Building Authority as custodial and cleaning workers or to employees
GEORGIA LAWS 1983 SESSION
1329
of the Georgia School for the Deaf and the Atlanta Area School for the
Deaf employed part time by other agencies of state government.
45-10-21. No member of any state board, bureau, commission, or
other state agency by whatever name called or of any authority
created by law shall make any contract in any capacity whatsoever to
furnish any goods or supplies, or both, to the state, except after
competitive bid thereon. No such person shall act as dealer, agent, or
broker, or in any other manner in connection with the sale of goods or
services, or both, to the state, except after competitive bid thereon.
45-10-22. No member of any state board, bureau, commission, or
other state agency by whatever name called or of any authority
created by law shall act as dealer, agent, or broker, or in any other
manner in connection with the sale of goods or services, or both, to the
state, unless such person operates a regularly established business
enterprise which, when selling such goods or services, or both, to the
state, meets all the legal requirements relative to submission of bids,
posting of bonds, quality of goods or services, or both, and all other
requirements in connection with such transactions.
45-10-23. No person who is a member of any state board, bureau,
commission, or other state agency by whatever name called or of any
authority created by law shall engage in any transaction with any such
board, bureau, commission, committee, or other state agency or any
such authority of which such person is a member.
45-10-24. All bids, agreements, contracts, or other instruments
in connection with the furnishing of goods or services, or both, to the
state shall include a statement to the effect that the signers of such
instrument certify that this part has not been violated and will not be
violated in any respect.
45-10-25. Any full-time appointive official or employee of the
state government who violates any provision of this part shall be
discharged immediately from the service of the state. The member-
ship of any member of any board, bureau, commission, or other state
agency by whatever name called, or of any authority created by law,
who violates any of the provisions of this part, shall be immediately
vacated, and such vacancy shall be filled as provided by law. Any
person, firm, or corporation violating any of the provisions of this part
shall be barred from further business dealings with the state until the
violation complained of is corrected.
1330
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-10-26. Any person who violates this part shall be guilty of a
misdemeanor.,
and inserting in lieu thereof a new Part 1 to read as follows:
Part 1
45-10-20. As used in this article, the term:
(1) Agency means any agency, authority, department,
board, bureau, commission, committee, office, or instrumentality
of the State of Georgia but shall not mean a political subdivision of
the State of Georgia.
(2) Business means any corporation, partnership, propri-
etorship, firm, enterprise, franchise, association, organization,
self-employed individual, trust, or other legal entity.
(3) Employee means any person who, pursuant to a written
or oral contract, is employed by an agency.
(4) Family means spouse and dependents.
(5) Full-time means 30 hours of work for the state per week
for more than 26 weeks per calendar year.
(6) Limited powers means those powers other than state-
wide powers.
(7) Part-time means any amount of work other than full-
time work.
(8) Person means any person, corporation, partnership,
proprietorship, firm, enterprise, franchise, association, organiza-
tion, or other legal entity.
(9) Public official means any person elected to a state
office and means any person appointed to a state office where in
the conduct of such office the person so appointed has administra-
tive and discretionary authority to receive and expend public
funds and to perform certain functions concerning the public
which are assigned to him by law.
GEORGIA LAWS 1983 SESSION
1331
(10) State-wide powers means those powers exercised by
public officials which affect and influence all of state government.
Public officials who exercise such powers include but are not
limited to the Governor, the Lieutenant Governor, members of the
General Assembly, Justices of the Supreme Court, Judges of the
Court of Appeals, the Secretary of State, the Attorney General,
the state auditor, the commissioner of the Department of Admin-
istrative Services, the commissioner of the State Merit System of
Personnel Administration and members of the State Personnel
Board, the director of the Office of Planning and Budget, judges of
the superior courts, and district attorneys.
(11) Substantial interest means the direct or indirect own-
ership of more than 25 percent of the assets or stock of any
business.
(12) Transact business or transact any business means to
buy, sell, or lease any personal property, real property, or services
on behalf of oneself or on behalf of any third party as an agent,
broker, dealer, or representative.
45-10-21. (a) It is essential to the proper operation of demo-
cratic government that public officials be independent and impartial,
that governmental decisions and policy be made in the proper chan-
nels of the governmental structure, that public office not be used for
private gain other than the remuneration provided by law, and that
there be public confidence in the integrity of government. The
attainment of one or more of these ends is impaired whenever there
exists a conflict between the private interests of an elected official or a
government employee and his duties as such. The public interest,
therefore, requires that the law protect against such conflicts of
interest and establish appropriate ethical standards with respect to
the conduct of elected officials and government employees in situa-
tions where conflicts exist.
(b) It is also essential to the proper operation of government that
those best qualified be encouraged to serve the government. Accord-
ingly, legal safeguards against conflicts of interest must be so
designed as not unnecessarily or unreasonably to impede the recruit-
ment and retention by the government of those men and women who
are best qualified to serve it. An essential principle underlying the
staffing of our government structure is that its elected officials and
employees should not be denied the opportunity, available to all other
1332
GENERAL ACTS AND RESOLUTIONS, VOL. I
citizens, to acquire and retain private economic and other interests,
except where conflicts with the responsibility of such elected officials
and employees to the public cannot be avoided.
(c) The General Assembly declares that the operation of respon-
sible democratic government requires that the fullest opportunity be
afforded to the people to petition their government for the redress of
grievances and to express freely to individual members of the General
Assembly, to committees of the General Assembly, and to officials of
the executive branch their opinions on legislation, on pending execu-
tive actions, and on current issues and that, to preserve and maintain
the integrity of the legislative and administrative processes, it is
necessary that the identity, expenditures, and activities of certain
persons who engage in efforts to persuade members of the General
Assembly or the executive branch to take specific actions, either by
direct communication to such officials, or by solicitation of others to
engage in such efforts, be publicly and regularly disclosed. The
provisions of this article shall be liberally construed to promote
complete disclosure of such information so as to assure that the public
interest will be fully protected.
(d) It is the policy and purpose of this article to implement these
objectives of protecting the integrity of all governmental units of this
state and of facilitating the recruitment and retention of qualified
personnel by prescribing essential restrictions against conflicts of
interest in state government without creating unnecessary barriers to
the public service.
45-10-22. (a) (1) It shall be unlawful for any full-time public
official who has state-wide powers, for himself or on behalf of any
business, or for any business in which such public official or
member of his family has a substantial interest to transact any
business with any agency.
(2) It shall be unlawful for any public official or employee
who has limited powers, for himself or on behalf of any business, or
for any business in which such public official or member of his
family has a substantial interest to transact any business with the
agency for which such public official serves.
(b) Any person who knowingly violates subsection (a) of this
Code section shall be subject to the penalties provided for in Code
Section 45-10-28.
GEORGIA LAWS 1983 SESSION
1333
45-10-23. (a) It shall be unlawful for any full-time employee,
for himself or on behalf of any business, or for any business in which
such employee or member of his family has a substantial interest to
transact any business with the agency by which such employee is
employed.
(b) Any person who knowingly violates subsection (a) of this
Code section shall be subject to the penalties provided for in Code
Section 45-10-28.
45-10-24. (a) (1) Except as provided in subsection (b) of this
Code section, it shall be unlawful for any part-time public official
who has state-wide powers, for himself or on behalf of any
business, or for any business in which such public official or
member of his family has a substantial interest to transact any
business with any agency.
(2) Except as provided in subsection (b) of this Code sec-
tion, it shall be unlawful for any part-time employee, for himself or
on behalf of any business, or for any business in which such
employee or member of his family has a substantial interest to
transact any business with the agency by which such employee is
employed.
(b) The provisions of subsection (a) shall not apply to:
(1) Any transaction made pursuant to sealed competitive
bids;
(2) Any transaction when the amount of a single transaction
does not exceed $250.00 and when the aggregate of all such
transactions does not exceed $9,000.00 per calendar year; and
(3) Any transaction involving the lease of real property to or
from any agency if such transaction has been approved by the
State Properties Commission or the Space Management Division
of the Department of Administrative Services.
(c) Any person who knowingly violates subsection (a) of this
Code section shall be subject to the penalties provided for in Code
Section 45-10-28.
1334
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-10-25. The provisions of Code Sections 45-10-22,45-10-23, and
45-10-24 shall not apply to:
(1) Any transaction involving the sale of real property to the
state or any agency through eminent domain;
(2) Any transaction involving the purchase by the public
official or employee of any health or life insurance, disability
benefits, or retirement or pension benefits offered as a part of a
public officials or employees service or employment;
(3) Any transaction between a public official or employee or
any business in which such public official or employee or any
member of his family has a substantial interest and any person,
the cost of which transaction is paid directly or indirectly by state
funds, if the property or services involved in the transaction are
for the private use and benefit of the person to whom such
property or services are sold or rendered and such person does not
subsequently sell or lease such property or services to an agency;
(4) Any transaction between a public official or employee or
any business in which such public official or employee or any
member of his family has a substantial interest and any state
contractor if there was no agreement prior to the transaction that
the public official or employee would assist, other than by provid-
ing goods or services as required under the terms of the agreement
underlying the transaction, the contractor in obtaining, retaining,
or fulfilling the state contract and if the public official or employee
does not assist, other than by providing goods or services as
required under the terms of the agreement underlying the trans-
action, the contractor in obtaining, retaining, or fulfilling the state
contract;
(5) Any transaction involving part-time employment by the
Georgia Building Authority of custodial and cleaning workers who
work for other agencies;
(6) Any transaction involving part-time employment by any
agency of a chaplain, fireman, any person holding a doctoral or
masters degree from an accredited college or university, a licensed
physician, dentist, or psychologist, or a registered nurse or
licensed practical nurse, if employed by the state, if:
GEORGIA LAWS 1983 SESSION
1335
(A) The chief executive officer of the department,
agency, commission, or authority which desires to obtain the
services of a chaplain, fireman, any person holding a doctoral
or masters degree from an accredited college or university, a
licensed physician, dentist, or psychologist, or a registered
nurse or licensed practical nurse presently employed by
another department, agency, commission, or authority of the
state shall certify in writing the need for the services and set
forth why the best interest of the state will be served by
obtaining the part-time services of such a person in lieu of
obtaining such services from a person not presently employed
by the state;
(B) The chief executive officer of the department,
agency, commission, or authority presently employing the
chaplain, fireman, any person holding a doctoral or masters
degree from an accredited college or university, the licensed
physician, dentist, or psychologist, or the registered nurse or
licensed practical nurse shall certify in writing that the person
whose services are desired is available to perform such ser-
vices, that the performance of such services will not detract or
have a detrimental effect on the performance of said persons
employment and, where appropriate, that the part-time
employment of such person by the department, agency, com-
mission, or authority desirous of obtaining the services will be
in the best interest of the state;
(C) The departments, agencies, commissions, or
authorities, after having complied with subparagraphs (A)
and (B) of this paragraph shall, by agreement, establish the
procedures under which the employee shall perform the
additional services. The agreement shall specify the means of
employment either as a part-time employee or as a consult-
ant, the compensation, and other pertinent details and condi-
tions of the employment relationship. The agreement shall be
terminable at any time by either of the departments, agen-
cies, commissions, or authorities;
(7) Any transaction involving the Public Service Commis-
sions employment of any state employee who has any particular
expertise or knowledge which may be of assistance to the Georgia
Public Service Commission or the Consumers Utility Counsel in
fulfilling its duties and responsibilities under Title 46. The terms
1336
GENERAL ACTS AND RESOLUTIONS, VOL. I
and conditions of such employment shall be solely determined by
the Georgia Public Service Commission; but, in any event, the
employee may not provide services to the Georgia Public Service
Commission during such times as he is regularly scheduled to be at
his primary place of employment unless the employee has received
permission to do so from his regular employer or unless the
employee is on annual leave or leave without pay;
(8) Any transaction involving an emergency purchase by
any agency which must be made to protect the health, safety, or
welfare of the citizens or property of Georgia;
(9) Any transaction involving property or a service for
which the only source of supply in the State of Georgia is from the
public official or employee or a business in which such public
official or employee or member of his family has a substantial
interest;
(10) Any transaction occurring prior to March 1,1983;
(11) Any transaction occurring prior to qualifying to run for
elective office, accepting appointment to public office, or accept-
ing public employment and any transaction occurring after quali-
fying to run for elective office, accepting appointment to public
office, or accepting public employment if the legal obligation and
duty to undertake such transaction arose prior to qualifying to run
for elective office, accepting appointment to public office, or
accepting public employment;
(12) Any transaction whereby a public official or employee
or any business in which such public official or employee or any
member of his family has a substantial interest collects a fee or
commission as compensation for performing a service for the state
when such performance is required or authorized by law, including
but not limited to the collection of state sales tax, the collection of
license fees, and the collection of excise taxes; or
(13) Any transaction whereby an appointed public official
or employee, under the procedures specified in this paragraph,
sells to a unit of the University System of Georgia services as a
teacher or instructor of an evening or night course or program, if:
GEORGIA LAWS 1983 SESSION
1337
(A) The chief executive officer of the unit of the Uni-
versity System of Georgia shall certify in writing the need for
the services and set forth why the best interest of the state
will be served by obtaining the services of such state official or
employee in lieu of obtaining such services from a person not
presently employed by the state;
(B) The chief executive officer of the department,
agency, commission, or authority presently employing the
state official or employee shall certify in writing that the
person whose services are desired is available to perform such
services, that the performance of such services will not detract
or have a detrimental effect on the performance of said
persons full-time employment, and, where appropriate, that
the employment of such person by the unit of the University
System of Georgia will be in the best interest of the state; and
(C) The departments, agencies, commissions, authori-
ties, and units, after having complied with paragraphs (1) and
(2) of this subsection, shall, by agreement, establish the
procedures under which the official or employee shall per-
form the additional services. The agreement shall specify the
means of employment, the compensation, and other pertinent
details and conditions of the employment relationship. The
agreement shall be terminable at any time by either of the
departments, agencies, commissions, authorities, or units.
45-10-26. (a) Any public official or employee, whether for him-
self or on behalf of any business, or for any business in which such
public official or employee or any member of his family has a
substantial interest wbo transacts business with the state shall dis-
close such transactions. Such disclosure shall be submitted prior to
December 31 each year to the Secretary of State on such forms as he
shall prescribe and shall include an itemized list of that years
transactions with the dollar amount of each transaction reported and
totaled, except for transactions provided for in Subsection 45-10-
24(b)(2). Such disclosure statements shall be public records.
(b) Any person who fails to file a disclosure statement as
required in subsection (a) of this Code section shall be subject to the
penalties provided for in Code Section 45-10-28.
1338
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-10-27. This part shall in no way amend or repeal any statute
or regulation promulgated pursuant thereto pertaining to the State
Merit System of Personnel Administration.
45-10-28. (a) (1) Any appointed public official or employee
who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-
26 shall be subject to:
(A) Removal from office or employment;
(B) A civil fine not to exceed $10,000.00; and
(C) Restitution to the state of any pecuniary benefit
received as a result of such violation.
(2) Any elected public official who violates Code Section 45-
10-22,45-10-23,45-10-24, or 45-10-26 shall be subject to:
(A) A civil fine not to exceed $10,000.00; and
(B) Restitution to the state of any pecuniary benefit
received as a result of such violation.
(3) Any business which violates Code Section 45-10-22, 45-
10-23,45-10-24, or 45-10-26 shall be subject to:
(A) A civil fine not to exceed $10,000.00; and
(B) Restitution to the state of any pecuniary benefit
received as a result of such violation.
(b) The penalties provided for in subsection (a) of this Code
section may be imposed in any civil action brought for that purpose,
and such actions shall be brought by the Attorney General.
Section 2. Code Section 16-10-6 of the Official Code of Georgia
Annotated, relating to transactions with the state by certain persons,
is amended by striking said Code section in its entirety and inserting
in lieu thereof a new Code Section 16-10-6 to read as follows:
16-10-6. (a) (1) Any employee, appointive officer, or elec-
tive officer of a political subdivision, hereafter referred to as
employing political subdivision, or agency thereof who for him-
GEORGIA LAWS 1983 SESSION
1339
self or in behalf of any business entity sells any real or personal
property to:
(A) The employing political subdivision;
(B) An agency of the employing political subdivision;
(C) A political subdivision for which local taxes for
education are levied by the employing political subdivision; or
(D) A political subdivision which levies local taxes for
education for the employing political subdivision
shall, upon conviction thereof, be punished by imprisonment for
not less than one nor more than five years.
(2) Paragraph (1) of this subsection shall not apply to:
(A) Sales of personal property of less than $200.00 per
calendar quarter;
(B) Sales of personal property made pursuant to sealed
competitive bids made by the employee, appointive officer, or
elective officer, either for himself or on behalf of any business
entity; or
(C) Sales of real property in which a disclosure has been
made:
(i) To the grand jury or judge of the probate court
of the county in which the purchasing political subdivi-
sion is wholly included or, if not wholly included in any
one county, to the grand jury or judge of the probate
court of any county in which the purchasing political
subdivision is partially included and which shall have
been designated by the purchasing political subdivision
to receive such disclosures;
(ii) At least 15 days prior to the date the contract
or agreement for such sale will become final and binding
on the parties thereto;
1340
GENERAL ACTS AND RESOLUTIONS, VOL. I
(iii) Which shows that an employee, appointive offi-
cer, or elective officer of an employing political subdivi-
sion or agency thereof has a personal interest in such sale,
which interest includes, without being limited to, any
commission, fee, profit, or similar benefit and which gives
the name of such person, his position in the political
subdivision or agency, the purchase price, and location of
the property.
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 29,1983.
GOOD-TIME ALLOWANCES FOR PERSONS
CONFINED TO PENAL INSTITUTIONS FOR
MISDEMEANOR OFFENSES.
Code Title 42, Chapters 4 and 5 Amended.
No. 522 (House Bill No. 505).
AN ACT
To amend Title 42 of the Official Code of Georgia Annotated,
relating to penal institutions of the state and counties, so as to
provide that inmates convicted of misdemeanor offenses and sen-
tenced to confinement may be awarded good-time allowances based
on institutional behavior; to provide for conversion from earned-time
allowances to good-time allowances for certain county inmates; to
delete those provisions relating to the awarding of earned-time allow-
ances by the Board of Offender Rehabilitation for certain inmates; to
provide that certain persons shall receive credit towards early release
GEORGIA LAWS 1983 SESSION
1341
subject to certain conditions; 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. Title 42 of the Official Code of Georgia, relating to
penal institutions of the state and counties, is amended by striking
Code Section 42-4-7, relating to records of inmates, in its entirety and
inserting in lieu thereof a new Code Section 42-4-7 to read as follows:
42-4-7. (a) The sheriff shall keep, in a well-bound book pro-
vided for that purpose, a record of all persons committed to the jail of
the county of which he is sheriff. This record shall contain the name of
the person committed, his age, sex, race, under what process he was
committed and from what court the process issued, the crime with
which he was charged, the date of his commitment to jail, the day of
his discharge, under what order he was discharged, and the court from
which the order issued. This book shall be subject to examination by
any person at any time. The sheriff shall keep the book on file in his
office.
(b) (1) The sheriff, chief jailer, warden, or other officer desig-
nated by the county as custodian of inmates confined as county
inmates as provided in subsection (a) of Code Section 17-10-3
shall award good-time allowances to such inmates based on insti-
tutional behavior. Good-time allowances shall not be awarded
which exceed one-half of the period of confinement imposed.
(2) Upon receipt of an inmate sentenced to confinement as a
county inmate, the custodian of such inmate shall compute the
maximum good-time allowance that such inmate may earn. The
custodian may make appropriate deductions from such maximum
earnable good-time allowance based on the institutional behavior
of such inmate while in custody as a county inmate.
(3) An inmate sentenced to confinement as a county inmate
shall be released at the expiration of his sentence less the time
deducted for good-time allowances.
(c) Commencing January 1, 1984, subsection (b) of this Code
section, which provides for good-time allowances to be awarded to
inmates sentenced to confinement as county inmates as provided in
subsection (a) of Code Section 17-10-3, shall apply to all such inmates
1342
GENERAL ACTS AND RESOLUTIONS, VOL. I
in confinement on December 31, 1983, and all inmates who commit
crimes on or after January 1, 1984, and are subsequently convicted
and sentenced to confinement as county inmates. Conversion of the
computation of the sentences of county inmates in confinement on
December 31, 1983, from earned-time governed sentences to good-
time governed sentences shall be made by the sheriff or other
custodian of such inmates.
Section 2. Said title is further amended by striking Code
Sections 42-5-100 and 42-5-101, relating to the awarding of earned-
time allowances to inmates, in their entirety, which read as follows:
42-5-100. (a) The board shall formulate and promulgate rules
and regulations providing for earned-time allowances to be awarded
to inmates based upon the performance of the inmates, provided that
earned-time allowances shall not be awarded to inmates sentenced to
life imprisonment. The rules and regulations shall not provide for
earned-time allowances exceeding one-half of the period of confine-
ment imposed by the court. The rules and regulations shall differenti-
ate between habitual offenders and other offenders for the purposes
of awarding earned time. As used in this Code section, the term
habitual offender means any felony offender sentenced to or serving
in custody of the department a third or subsequent felony incarcera-
tion in the state penal system since January H 1970; provided,
however, that the provisions of this Code section relating to habitual
offenders shall only apply to those felony offenders whose third or
subsequent felony offense was committed after April 10,1980. Addi-
tional sentences imposed on an offender during service of another
sentence will be considered as the same incarceration.
(b) The wardens or superintendents of the various county or
state correctional institutions within the state shall immediately
notify the department, in writing, of any punishment imposed or
other disciplinary action taken against any inmate under such
wardens or superintendents custody. The report shall be on forms
prescribed and furnished by the department and shall show, among
other things, the detail assignment and behavior record of the inmate.
From the records so furnished, the commissioner or his assistants
may suspend the inmate from receiving earned time for a specified
period and may forfeit up to one-half the earned-time allowances
where the disciplinary action involves a violation of correctional rules
and regulations or forfeit all or any part of the earned-time allowances
where the violation is a crime punishable by law.
GEORGIA LAWS 1983 SESSION
1343
(c) An inmate shall be released at the expiration of his term of
sentence less the time earned as earned-time allowances.
(d) Persons convicted of misdemeanor offenses shall accrue
earned-time allowances equal to one-half of the total misdemeanor
sentence. This same earned-time allowance shall apply to inmates
confined as county inmates as provided in paragraph (1) of subsection
(a) of Code Section 17-10-3. Computation of this earned-time allow-
ance shall be made by the sheriff of the county or the chief jailer,
warden, or other officer designated by the county as custodian of such
inmates.
42-5-101. (a) Commencing September fi$ 1978, Code Section
42-5-100, which provides for earned-time allowances to be awarded to
inmates based upon the performance of the inmate, shall apply to
those persons sentenced to the state penal system prior to July 1,
1976, other than those sentenced to life imprisonment or death, such
application being deemed beneficial to the sentenced person by
shortening the projected period of incarceration. The commissioner
shall make a conversion of the computation of the sentences of those
persons sentenced to the state penal system prior to July l, 1976,
other than those sentenced to life imprisonment or death, by compar-
ing the projected release date of each of such persons computed
pursuant to Ga. L. 1956, p. 161, Section 24, prior to its amendment by
Ga. L. 1976, p. 949, Section 1, which granted statutory good time and
extra good time allowances, giving appropriate credit or deductions
for statutory good time, extra good time, and forfeitures of good time
and extra good time unrestored as of September 1, 1978, with a
projected release date for each such person computed from the date of
sentencing pursuant to Code Section 42-5-100 and the rules and
regulations in force as of September 1,1978, formulated and promul-
gated by the board by authority of Code Section 42-5-100, providing
for earned-time allowances to be awarded to inmates, with forfeitures
of good time and extra good time unrestored as of September 1,1978,
being treated in accordance with the earned-time rules and regula-
tions concerning forfeited time. If the projected release date com-
puted under the earned-time rules and regulations is earlier in time
for a particular person sentenced prior to July 1,1976, such projected
earned-time release date shall be adopted by the commissioner as the
projected release date for that person. If the projected release date
computed under the earned-time rules and regulations is later in time
for a particular person sentenced prior to July 1, 1976, the commis-
sioner shall grant the person sufficient additional earned-time allow-
1344
GENERAL ACTS AND RESOLUTIONS, VOL. I
ances so as to make that persons projected earned-time release date
the same as the projected release date computed under Ga. L. 1956, p.
161, Section 24, prior to its amendment by Ga. L. 1976, p. 949, Section
1, which granted statutory good time and extra good time, and such
date shall be adopted by the commissioner as the projected earned-
time release date for that person. The commissioner shall accomplish
administrative processing of the conversion, as of September 1,1978,
of the computation of the sentences of persons sentenced prior to July
1, 1976, other than those sentenced to life imprisonment or death,
from good-time and extra good-time governed sentences to earned-
time governed sentences in the following order:
(1) If conversion will foreseeably produce an immediate
benefit to the person within 90 days from September 1, 1978, by
September 30,1978;
(2) If conversion will foreseeably produce an immediate
benefit to the person more than 90 days but less than 180 days
from September 1,1978, by October 31,1978; and
(3) If conversion will foreseeably produce an immediate
benefit to the person more than 180 days from September 1,1978,
by November 30,1978.
(b) Commencing September 1, 1978, Code Section 42-5-100,
which provides for earned-time allowances to be awarded to inmates
based upon the performance of the inmate, shall apply to persons
convicted of misdemeanor offenses who are confined in county facili-
ties prior to July 1, 1976, under the jurisdiction of the county as
provided in paragraph (1) of subsection (a) of Code Section 17-10-3.
Conversion of the computation of the sentences of those persons from
good-time and extra good-time governed sentences to earned-time
governed sentences shall be made by the sheriff of the county, chief
jailer, warden, or other officer designated by the county as custodian
of the inmate in the same manner and pursuant to the same schedule
as the commissioner is directed to do for persons sentenced to the
state penal system prior to July 1,1976, by subsection (a) of this Code
section.,
and inserting in lieu thereof the following:
42-5-100. The earned-time allowances, which could have been
awarded by the Board of Offender Rehabilitation to inmates based
GEORGIA LAWS 1983 SESSION
1345
upon the performance of the inmate, in effect on December 31,1983,
shall not apply to:
(1) Those persons who commit crimes on or after January 1,
1984, and who are subsequently convicted and sentenced to the
custody of the Board of Offender Rehabilitation;
(2) Those persons who have committed a crime prior to
January 1,1984, but who have not been convicted and sentenced
as of December 31,1983, and who are subsequently sentenced to
the custody of the Board of Offender Rehabilitation, including
those whose sentences have been probated or suspended, on or
after January 1,1984; however, such persons shall receive the full
benefit of the earned-time allowances, in effect on December 31,
1983, and shall receive a release or discharge date computed as if
they had been sentenced to the custody of the Board of Offender
Rehabilitation, prior to December 31,1983; or
(3) Those persons previously sentenced to the custody of
the Board of Offender Rehabilitation, including those whose
sentences have been probated or suspended, as of December 31,
1983; however, such persons shall receive the full benefit of the
earned-time allowances in effect on December 31,1983, and shall
receive a release or discharge date the same as reflected in the
records of such person on December 31,1983, less any creditable
earned time that such person could have earned as a result of
forfeited earned time.
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
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 4. This Act shall become effective on January 1,1984.
1346
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
COPIES OF RESOLUTIONS ACTIVATING DOWNTOWN
DEVELOPMENT AUTHORITIES FILING WITH
SECRETARY OF STATE, ETC.
Code Title 36 Amended.
No. 523 (House Bill No. 247).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated,
relating to local government, so as to require that a copy of the
municipal corporations resolution activating a downtown develop-
ment authority shall be filed with the Department of Community
Affairs; to provide for comments; to provide for certain information to
be filed; to delete the provisions allowing municipal disapproval of
bonds, notes, or other obligations; to change certain provisions relat-
ing to interests of or involvements by directors or members of
development authorities, downtown development authorities, and
certain other authorities; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended by striking subsection (b) of
Code Section 36-42-5, which reads as follows:
(b) A copy of the governing bodys resolution shall be filed with
the Secretary of State, who shall maintain a record of all authorities
activated under this chapter.,
GEORGIA LAWS 1983 SESSION
1347
and inserting in its place the following:
(b) A copy of the governing bodys resolution shall be filed with
the Secretary of State, who shall maintain a record of all authorities
activated under this chapter, and with the Department of Commu-
nity Affairs. The Department of Community Affairs may, but shall
not be required to, furnish written comments to any authority within
30 days after the governing bodys resolution is filed with the Depart-
ment of Community Affairs. Any such comments shall be furnished
by the authority to the governing body of the municipal corporation
which activated the authority. Such comments shall be informational
only and shall not affect any action taken or to be taken by any
authority or governing body, and no action of the authority or the
governing body shall be required in response to any such comments.
The requirements of this subsection relating to filing with the
Department of Community Affairs shall apply only to authorities
originally activated after July 1,1983.
Section 2. Said title is further amended by striking Code
Section 36-42-6, relating to actions subsequent to the activation of a
downtown development authority, and inserting in its place the
following new Code section:
36-42-6. The governing body of the municipal corporation may,
by proper resolution adopted subsequent to its resolution activating
its authority:
(1) Change its designation of the downtown development
area to a geographical area within the municipal corporation
which, in the judgment of the governing body, at the time consti-
tutes the central business district, provided that any such change
in the downtown development area shall be effective prospectively
from the adoption of the resolution providing therefor and shall
not affect any project of, or any action taken by, the authority
within or with respect to the downtown development area as
defined prior to such change becoming effective; and
(2) Appoint directors of the authority which the governing
body of the municipal corporation is authorized to appoint; and
(3) Disapprove any proposed issue of revenue bonds, notes,
or other obligations of the authority, in the manner provided in
this chapter.
1348
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said title is further amended by striking subsection
(c) of Code Section 36-42-9, relating to bonds, notes, and other
obligations of downtown development authorities, and inserting in its
place the following:
(c) Each authority shall file with the Department of Commu-
nity Affairs, not later than the last day of January of each year, a
statement with respect to all bonds, notes, and other obligations
which it issued during the immediately preceding calendar year, and
such statement shall contain with respect to each such issue of bonds,
notes, or other obligations:
(1) The name and address of the authority;
(2) The date of the issue and the face amount of the issue;
(3) The name and address of the principal user or principal
users, determined based upon reasonable expectations at the time
of issuance, of any facilities provided with the proceeds of the
issue; and
(4) A general description of the type of project financed
with proceeds of the issue.
The Department of Community Affairs may, for cause shown,
grant an extension of the time within which such filing is required.
Such filing shall be informational only, shall not affect any action
taken or to be taken by any authority, and shall be deemed to be made
upon mailing to the Department of Community Affairs in Atlanta,
Georgia. Such statement may, at the authoritys option, be filed
separately with respect to each issue at the time of issuance or any
time thereafter prior to January 31 of the next year. The require-
ments of this subsection (c) shall apply to bonds, notes, and other
obligations which are issued after November 1,1983.
Section 4. Said title is further amended by striking from Code
Section 36-62-5, relating to persons serving as directors of a develop-
ment authority, paragraph (1) of subsection (e) and inserting in its
place the following:
(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
GEORGIA LAWS 1983 SESSION
1349
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, pro-
vided (1) that any interest or involvement by such director is dis-
closed 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 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 or involve-
ment shall mean any interest or involvement 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.
Section 5. Said title is further amended by striking subsection
(a) of Code Section 36-62A-1, relating to conduct of directors and
members of downtown development authorities, and inserting in its
place the following:
(a) Code Section 45-10-3, relating to code of ethics of members
of boards, commissions, and authorities, and Code Section 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 cre-
ated by or pursuant to a local constitutional amendment, whether for
the purpose of promoting the development of trade, commerce,
industry, and employment opportunities or for other purposes, to the
extent that the Constitution 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 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 involvement by such director or member is disclosed in
1350
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 in this subsection, a substantial
interest or involvement shall mean any interest or involvement 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.
Section 6. Except as otherwise provided in Sections 1 and 3 of
this Act, this Act shall become effective upon its approval by the
Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
TAXATION OF BANKS, BUILDING AND LOAN
ASSOCIATIONS, ETC., REVISED.
Code Title 48, Chapters 6 and 7 Amended.
No. 524 (House Bill No. 440).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, so as to provide for a comprehensive
revision of the taxation of state and national banks, state building and
loan associations, and federal savings and loan associations; to repeal
the tax on bank shares; to repeal the existing tax on the net worth of
GEORGIA LAWS 1983 SESSION
1351
state building and loan associations, and federal savings and loan
associations; to remove the exemptions of banks, state building and
loan associations, and federal savings and loan associations from the
state corporate income tax, the state corporate net worth tax, the tax
on intangible property, and the tax on tangible personal property; to
permit municipalities and counties to levy local business license taxes
upon banks, state building and loan associations, and federal savings
and loan associations; to provide for additional exemptions from the
tax on intangible property; to provide for a credit against state
corporate income tax; to provide for legislative intent and sever-
ability; 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 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, is amended by striking Code Section
48-6-20, relating to definitions pertaining to intangible personal
property tax, in its entirety and inserting in lieu thereof a new Code
Section 48-6-20 to read as follows:
48-6-20. As used in this chapter, the term:
(1) Bank means any financial institution chartered under
the laws of this state or under the laws of the United States and
domiciled in this state which is authorized to receive deposits in
this state and which has a corporate structure authorizing the
issuance of capital stock.
(2) Collateral security loan means a loan held by any
broker which represents credit extended in connection with the
purchase or sale of stocks, bonds, or other securities of a like
character held as collateral security for the loan.
(3) Depository financial institution means a bank and a
savings and loan association.
(4) Money means specie, currency, and credits resulting
from the deposit of money, currency, checks, bills, and other
evidences of the credits.
1352
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Savings and loan association means any financial insti-
tution, other than a credit union, chartered under the laws of this
state or under the laws of the United States and domiciled in this
state which is authorized to receive deposits in this state and
which has a mutual corporate form.
Section 2. Said title is further amended by striking Code Section
48-6-22, relating to exemptions from intangible tax, in its entirety and
inserting in lieu thereof a new Code Section 48-6-22 to read as follows:
48-6-22. The tax imposed by this article shall not apply to:
(1) Obligations or evidences of debt of the United States or
of this state or its political subdivisions or public institutions.
Such obligations and evidences of debt shall include obligations of
the United States government agencies and corporations estab-
lished by acts of the Congress of the United States as well as
industrial development revenue bonds issued pursuant to the laws
of this state;
(2) Intangible personal property owned by a trust forming
part of a pension, profit-sharing, or stock bonus plan exempt from
federal income taxes under Section 401 of the Internal Revenue
Code of 1954;
(3) Intangible personal property owned by or irrevocably
held in trust for the exclusive benefit of a religious, educational, or
charitable institution, no part of the net profit from the operation
of which inures to the benefit of any private person;
(4) Intangible personal property owned by a person domi-
ciled in this state which has acquired a taxable situs and is
subjected to tax in another state incident to the conduct of
business located in the other state;
(5) Common voting stock of a subsidiary corporation not
doing business in this state if at least 90 percent of the common
voting stock is owned by a domestic corporation with its principal
place of business in this state and was acquired or is held for the
purpose of enabling the parent company to carry on some part of
its established line of business through the subsidiary;
GEORGIA LAWS 1983 SESSION
1353
(6) Stock of a corporation organized under the laws of this
state if the corporation pays all taxes in this state as provided by
law. For purposes of this paragraph, the term corporation also
means any depository financial institution;
(7) Stock of a domesticated foreign corporation if the corpo-
ration pays to this state or its political subdivisions all taxes as
provided by law;
(8) Assets representing mandatory reserve requirements
imposed, by statute or otherwise, on depository financial institu-
tions subject to the tax on intangible property;
(9) Stock of the Federal Reserve Bank, the Government
National Mortgage Association, the Federal National Mortgage
Association, and other corporations and associations established
by acts of the Congress of the United States;
(10) Mandatory deposits with the Federal Reserve Bank or
others required by statute or regulations;
(11) Federal or correspondent funds sold and securities and
other intangible assets purchased under agreements to resell to
the extent they are offset by federal or correspondent funds
purchased and securities and other intangible assets sold under
agreements to repurchase;
(12) Customers liabilities to depository financial institutions
on acceptances outstanding to the extent they are offset by
liabilities of depository financial institutions on acceptances exe-
cuted and outstanding;
(13) Receivables arising from the lease of tangible personal
property, provided that tangible property tax is due upon such
property;
(14) Intercompany loans or advances from a parent corpora-
tion to a subsidiary, or vice versa, or from one subsidiary to
another subsidiary, provided that the parent corporation owns,
either directly or through other subsidiaries, more than 90 percent
of the common voting stock of any subsidiary which is a party to
any such transaction; and
1354
GENERAL ACTS AND RESOLUTIONS, VOL. I
(15) Intangible personal property owned by an international
banking agency or domestic international banking facility
licensed to do business in this state.
Section 3. Said title is further amended by striking Code Section
48-6-23, relating to intangible tax rates, in its entirety and inserting in
lieu thereof a new Code Section 48-6-23 to read as follows:
48-6-23. (a) A property tax is levied annually as of January 1
of each year at the following rates:
(1) Ten cents upon each $1,000.00 of the fair market value
of all personal property classified for taxation as intangible per-
sonal property in Code Section 48-6-21. The tax is not levied by
this paragraph on intangible personal property classified as collat-
eral security loans, long-term notes secured by real estate, or
stocks, bonds, and debentures;
(2) Twenty-five cents upon each $1,000.00 of the fair
market value of all collateral security loans;
(3) One dollar upon each $1,000.00 of the fair market value
of all stocks in all corporations except those specifically exempted
by law; and
(4) One dollar upon each $1,000.00 of the fair market value
of all bonds and debentures of all corporations. The tax rate upon
notes of corporations, other than long-term notes secured by real
estate, shall be the rate specified in paragraph (1) of subsection (a)
of this Code section, regardless of the maturity date of any such
note or notes.
(b) Long-term notes secured by real estate, as defined in Article
3 of this chapter, shall be recorded and taxed as provided in Article 3
of this chapter.
Section 4. Said title is further amended by striking subsection
(b) of Code Section 48-6-63, relating to taxation of short-term notes,
in its entirety and inserting in lieu thereof a new subsection (b) to
read as follows:
GEORGIA LAWS 1983 SESSION
1355
(b) Nothing contained in this Code section shall be construed
to require the payment of ad valorem taxes on short-term notes by
any institutions exempted by Article 2 of this chapter.
Section 5. Said title is further amended by striking Code Section
48-6-90, relating to bank taxation, in its entirety and inserting in lieu
thereof a new Code Section 48-6-90 to read as follows:
48-6-90. Except as is otherwise provided in this title, depository
financial institutions shall be subject to all forms of state and local
taxation in the same manner and to the same extent as other business
corporations in Georgia.
Section 6. Said title is further amended by striking Code Section
48-6-91, relating to building and loan and savings and loan association
taxation, in its entirety and inserting in lieu thereof a new Code
Section 48-6-91 to read as follows:
48-6-91. (a) Except as is otherwise provided in this title,
depository financial institutions organized under the laws of any state
other than the State of Georgia, of the United States and domiciled
outside of Georgia, or of any foreign government, and which main-
tains a place of business within this state shall be subject to state and
local taxation in the same manner and to the same extent as foreign
corporations authorized to do business in this state.
(b) Domestic international banking facilities operating in this
state pursuant to Article 5A of Chapter 1 of Title 7, the Domestic
International Banking Facility Act and engaging only in those activ-
ities authorized pursuant to that Act shall not be deemed to maintain
a place of business in this state and shall not be subject to any state or
local tax, license, or fee solely because of such activities.
Section 7. Said title is further amended by striking Code Section
48-6-92, which reads as follows:
48-6-92. (a) Banks chartered under the laws of this state and
building and loan associations organized under the laws of this state
which accept funds for deposit and submit to examination by the
commissioner of banking and finance, and banks and savings and loan
associations chartered under the laws of the United States shall be
taxed as provided in this article. Neither such banks nor such building
and loan associations nor international banking corporations and
1356
GENERAL ACTS AND RESOLUTIONS, VOL. I
international bank agencies authorized to conduct business in this
state under Georgia law nor their assets shall be subject to Article 2 of
this chapter.
(b) Nothing contained in this Code section shall be construed to
exempt from Article 2 of this chapter any person licensed to conduct a
small loan business pursuant to Chapter 3 of Title 7.,
in its entirety and inserting in its place the following:
48-6-92. Reserved.
Section 8. Said title is further amended by striking Code Section
48-6-93, relating to taxation of certain intangibles, in its entirety and
inserting in lieu thereof a new Code Section 48-6-93 to read as follows:
48-6-93. (a) Municipalities and counties may each levy and
collect a business license tax from depository financial institutions
located within their respective jurisdiction at a rate not to exceed 0.25
percent of the gross receipts, as defined and allocated in this Code
section, of said depository financial institutions. Municipalities and
counties may provide that the minimum annual amount of such levy
upon any depository financial institution shall be not more than
$1,000.00.
(b) (1) For purposes of this Code section, gross receipts
means the total amount of revenue generated from the sources
itemized below during the calendar year immediately preceding
the date on which the tax authorized by this Code section shall be
due. Before determining gross receipts there shall be deducted:
(A) An amount equal to the amount of interest paid on
all liabilities for the period;
(B) An amount equal to income derived from the
authorized activities of any domestic international banking
facility operating pursuant to Article 5A of Chapter 1 of Title
7, the Domestic International Banking Facility Act;
(C) An amount equal to any income arising from the
conduct of a banking business with persons or entities located
outside of the United States, its territories, or possessions;
GEORGIA LAWS 1983 SESSION
1357
(D) An amount equal to a depository financial institu-
tions gross income which is taxed under the tax laws of a state
other than Georgia; and
(E) To the extent that any deductions are made pursu-
ant to subparagraphs (B), (C), and (D) of this subsection, any
deductions taken under subparagraph (A) of this subsection
shall be reduced by the same proportion that the deductions
in subparagraphs (B) through (D) of this subsection bear to
the gross receipts of the depository financial institution as
calculated before making any deductions pursuant to sub-
paragraphs (A) through (D) above.
(2) The items to be included in the calculation of gross
receipts with respect to banks are as follows:
(A) Interest and fees on loans less any interest collected
on those portions of loans sold and serviced for others;
(B) Interest on balances with other depository financial
institutions;
(C) Interest on federal or correspondent funds sold and
securities purchased under agreement to resell;
(D) Interest on other bonds, notes, and debentures,
excluding interest on obligations of the State of Georgia or its
political subdivisions and obligations of the United States;
(E) Dividends on stock;
(F) Income from direct lease financing;
(G) Income from fiduciary activities;
(H) Service charges on deposit accounts;
(I) Other service charges, commissions, and fees; and
(J) Other income.
(3) The items to be included in the calculation of gross
receipts with respect to savings and loan associations are as
follows:
1358
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Interest on mortgage loans less any interest col-
lected on those portions of loans sold and serviced for others;
(B) Interest on mortgages, participations, or mortgage-
backed securities;
(C) Interest on real estate sold on contract;
(D) Discounts on mortgage loans purchased;
(E) Interest on other loans, excluding interest on obli-
gations of the State of Georgia or its political subdivisions and
obligations of the United States;
(F) Interest and dividends on investments and depos-
its;
(G) Loan fees;
(H) Loan servicing fees;
(I) Other fees and charges;
(J) Gross income from real estate owned operations;
(K) Net income from office building operations;
(L) Gross income from real estate held for investment;
(M) Net income from service corporations and subsidi-
aries;
(N) Miscellaneous operating income;
(O) Profit on sale of real estate owned, investment
securities, loans, and other assets; and
(P) Miscellaneous nonoperating income.
(c) Every depository financial institution subject to the tax
authorized by this Code section shall file a return of its gross receipts
with each applicable jurisdiction levying such tax by March 1 of the
year following the year in which such gross receipts are measured.
GEORGIA LAWS 1983 SESSION
1359
Said return shall be in the manner and in the form prescribed by the
commissioner based on the allocation method set forth in subsection
(d) of this Code section. The return shall provide the information
necessary to determine the portion of the taxpayers total gross
receipts to be allocated to each taxing jurisdiction in which such
institution has a place of business. Each taxing jurisdiction which has
enacted a business license tax pursuant to subsection (a) of this Code
section shall assess and collect said tax based upon the information
provided in the returns.
(d) The total gross receipts generated in this state by a deposi-
tory financial institution subject to any tax authorized by this Code
section shall be allocated among separate taxing jurisdictions as
follows:
(1) If a depository financial institution shall have an office
or a place of business in more than one municipality, the amount
of gross receipts taxable by each municipality shall be the amount
of gross receipts attributable to such offices or places of business
as of December 31 of the year in which gross receipts are mea-
sured; and
(2) If a depository financial institution shall have an office
or a place of business in more than one county, the amount of gross
receipts taxable by each county shall be the amount of gross
receipts attributable to such offices or places of business as of
December 31 of the year in which gross receipts are measured; and
(3) In determining the amount of gross receipts attribut-
able to each location, 20 percent of the gross receipts shall be
attributable to the parent bank. The remaining 80 percent of
gross receipts shall be attributable to branch banks and bank
offices, pro rata according to the number of such branch banks and
bank offices, with none of the gross receipts attributable to bank
facilities or other outlets not considered to be a parent bank,
branch bank, or bank office. The terms parent bank, branch
bank, and bank office as used in this Code section mean those
same terms as defined in Chapter 1 of Title 7, the Financial
Institutions Code of Georgia. If there are fewer than five branch
banks or bank offices in addition to the parent bank, the amount
of gross receipts attributable to each such parent bank, branch
bank, or bank office shall be determined by dividing the total
gross receipts by the aggregate number of such outlets. For
1360
GENERAL ACTS AND RESOLUTIONS, VOL. I
purposes of this distribution formula only, the term bank also
means a savings and loan association.
(e) Any tax paid by a depository financial institution pursuant
to this Code section and Code Section 48-6-95 shall be credited dollar
for dollar against any state corporate income tax liability of such
institution for the tax year during which any business and occupation
tax authorized by this Code section is paid. Such credit shall be
subject to the provisions contained in paragraph (11) of subsection
(b) of Code Section 48-7-21.
(f) Except as authorized by this Code section, no municipality or
county shall levy any form of business license tax, fee, franchise, or
occupation tax on any depository financial institution.
Section 9. Said title is further amended by striking Code Section
48-6-95, which reads as follows:
48-6-95. The commissioner may promulgate rules and regula-
tions to require state and national banking associations, federal
savings and loan associations, and state building and loan associa-
tions to file information returns with respect to state income taxes
and other forms of taxation.,
in its entirety and inserting in its place a new Code Section 48-6-95 to
read as follows:
48-6-95. (a) There is imposed a special state occupation tax
on each depository financial institution located in this state. The rate
of this tax shall be 0.25 percent of the gross receipts, as defined in
subsection (b) of Code Section 48-6-93, of the depository financial
institution. This tax shall be in addition to any and all other taxes to
which such depository financial institution is subject.
(b) Each depository financial institution shall file with the com-
missioner a return of its gross receipts by March 1 of the year
following the year in which such gross receipts are measured. Said
return shall be in the manner and in the form prescribed by the
commissioner. The tax imposed by this Code section shall be paid to
the commissioner at the time of filing the return.
(c) The commissioner shall make an annual report to the Gover-
nor and to the chairmen of the House and Senate Appropriations
GEORGIA LAWS 1983 SESSION
1361
Committees of the amount of special state occupation tax on deposi-
tory financial institutions collected.
Section 10. Said title is further amended by adding new Code
Sections 48-6-96 through 48-6-98 to read as follows:
48-6-96. No depository financial institution shall be deprived of
the benefit of any exemption, deduction, or credit authorized by law
as a consequence of its election to file otherwise lawful consolidated
returns with its parent organization or any corporate subsidiaries
with respect to any state or local tax levied against such depository
financial institution.
48-6-97. Except as otherwise provided by law, credit unions
organized under the provisions of Chapter 1 of Title 7, the Financial
Institutions Code of Georgia shall be subject to all forms of state and
local government taxation authorized by the Congress of the United
States for the taxation of federally chartered credit unions on Janu-
ary 1, 1984. It is the intent of the General Assembly of the State of
Georgia that credit unions organized under the laws of this state and
credit unions organized under the laws of the United States and
domiciled within this state be subject to the same degree of taxation
whether by the state or any of its political subdivisions in which such
credit union maintains a place of business. It is further the intent of
the General Assembly that in the event the Congress of the United
States should change the manner in which federally chartered credit
unions may be taxed by state and local governments, then to the
extent that state legislative authority is not preempted by the Con-
gress, state-chartered credit unions and federally chartered credit
unions operating in this state shall be taxed to the same extent and in
the same manner as state-chartered savings and loan associations
operating in this state.
48-6-98. It is the intent of the General Assembly of the State of
Georgia that depository financial institutions shall be taxed in the
same manner and to the same extent for purposes of state taxation. It
is the further intent of the General Assembly of Georgia that deposi-
tory financial institutions shall be taxed in the same manner and to
the same extent by the individual political subdivisions in which they
have an office or place of business; provided, however, that the
following distinctions shall be made to recognize differences between
banks and savings and loan associations:
1362
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Any appropriate distinctions made elsewhere in this
chapter, and specifically the following:
(2) For a period of three years from January 1, 1984, the
aggregate gross receipts taxes payable by any savings and loan
association under the provisions of this chapter shall not be in
excess of an amount that would be raised by a current ad valorem
tax imposed upon the net worth of said association. As used in this
chapter, the term net worth means all surplus, undivided profits,
and reserves exclusive of any reserve required by any federal or
state statute or regulation in force as of January 1, 1980, which
statute or regulation was applicable to such federal or state-
chartered association, and minus the fair market value of all real
estate or equity therein owned by the association.
Section 11. Said title is further amended by striking Code
Section 48-7-21, relating to corporate income tax, in its entirety and
inserting in lieu thereof a new Code Section 48-7-21 to read as follows:
48-7-21. (a) Every domestic corporation and every foreign
corporation shall pay annually an income tax equivalent to 6 percent
of its Georgia taxable net income. Georgia taxable net income of a
corporation shall be the corporations taxable income from property
owned or from business done in this state. A corporations taxable
income from property owned or from business done in this state shall
consist of the corporations taxable income as defined in the Internal
Revenue Code of 1954, with the adjustments provided for in subsec-
tion (b) of this Code section and allocated and apportioned as
provided in Code Section 48-7-31.
(b) (1) (A) When interest income is derived from obligations
of any state or political subdivision except this state and
political subdivisions of this state, the interest income shall
be added to taxable income to the extent that the interest
income is not included in gross income for federal income tax
purposes. Interest or dividends on obligations of any author-
ity, commission, instrumentality, territory, or possession of
the United States which by the laws of the United States are
exempt from federal income tax but not from state income tax
shall also be added to taxable income.
(B) There shall be subtracted from taxable income
interest or dividends on obligations of the United States and
GEORGIA LAWS 1983 SESSION
1363
its territories and possessions or of any authority, commis-
sion, or instrumentality of the United States to the extent
such interest or dividends are includable in gross income for
federal income tax purposes but exempt from state income
taxes under the laws of the United States. There shall also be
subtracted from taxable income any income derived from the
authorized activities of a domestic international banking
facility operating pursuant to the provisions of Article 5A of
Chapter 1 of Title 7, the Domestic International Banking
Facility Act and any income arising from the conduct of a
banking business with persons or entities located outside the
United States, its territories, or possessions. Any amount
subtracted pursuant to this subparagraph shall be reduced by
any expenses directly attributable to the production of the
interest or dividend income.
(2) There shall be added to taxable income any taxes on, or
measured by, net income or net profits paid or accrued within the
taxable year imposed by the authority of the United States or any
foreign country, or by any state, territory, county, school district,
municipality, or other tax subdivision of any state, territory, or
foreign country to the extent such taxes are deducted in determin-
ing federal taxable income.
(3) No portion of any deductions or losses which occurred in
a year in which the taxpayer was not subject to taxation in this
state including, but not limited to, net operating losses may be
deducted in any tax year. When the federal adjusted gross income
or net income of a corporation includes such deductions or losses,
an adjustment deleting them shall be made under rules estab-
lished by the commissioner. The provisions of this subsection
shall not prohibit the carry-over of any deductions or losses
including, but not limited to, net operating losses of any taxpayer
which were incurred in a year or years in which the taxpayer was
subject to methods of taxation in this state other than the corpo-
rate income tax.
(4) Income, losses, and deductions previously used in com-
puting Georgia taxable income shall not again be used in comput-
ing Georgia taxable income. The commissioner shall provide for
needed adjustments by regulation.
1364
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) (A) Any gain not recognized pursuant to Section 337 of
the Internal Revenue Code of 1954 shall be recognized. To
the extent that a corporation incurs a Georgia income tax
liability by reason of the recognition of the gains, the Georgia
income tax liability attributable to the gains shall be allowed
as a credit against the Georgia income tax liability of each
common stockholder of the corporation in an amount which
bears the same ratio to the Georgia income tax liability as the
liquidation distribution received or receivable by the common
stockholder bears to the liquidation distribution received or
receivable by all common stockholders. The credit shall be
allowable only in the taxable year or years of each stockholder
in which the liquidation distribution is received and shall be
limited to the amount of Georgia income tax liability, if any,
of the stockholders for such year or years as computed before
application of the credit provided by this Code section and
before the application of any credits for withholding or esti-
mated tax payments.
(B) A corporation having a net gain which is not recog-
nized for federal income taxation under Section 337 of the
Internal Revenue Code of 1954 but which is added to Georgia
taxable income under this chapter shall be allowed a deduc-
tion of one-half of the net gain but not more than one-half of
the amount which would be treated under the Internal Reve-
nue Code of 1954 as the excess of the net long-term capital
gain for the taxable year over the net short-term capital loss
for the year if it were not for Section 337 of the Internal
Revenue Code of 1954.
(6) When on the sale or exchange of real or tangible personal
property located in this state gain or loss is not recognized because
the taxpayer receives or purchases similar property, the nonrecog-
nition shall be allowed only when the property is replaced with
property located in this state.
(7) This article shall not be construed to repeal any tax
exemptions contained in other laws of this state not referred to in
this article. Those exemptions and the exemptions provided for
by federal law and treaty shall be deducted on forms provided by
the commissioner.
GEORGIA LAWS 1983 SESSION
1365
(8) All elections made by corporate taxpayers under the
Internal Revenue Code of 1954 shall also apply under this article
except elections involving consolidated corporate returns and
subchapter S elections which shall be treated as follows:
(A) (i) If two or more corporations file federal
income tax returns on a consolidated basis and all of the
corporations derive all of their income from sources
within this state, the corporations must file consolidated
returns for Georgia income tax purposes. Affiliated
corporations which file a consolidated federal income tax
return but which derive income from sources outside this
state must file separate income tax returns with this state
unless they have prior approval or have been requested to
file a consolidated return by the department; and
(ii) No depository financial institutions, as defined
in Code Section 48-6-20, shall be deprived of the benefit
of any exemption, deduction, or credit authorized by this
title as a consequence of its election to file otherwise
lawful consolidated returns with its parent organization
or any corporate subsidiaries with respect to any state or
local tax levied against such depository financial institu-
tion as a result of this title.
(B) Subchapter S elections apply only if all stockhold-
ers are subject to tax in this state on their portion of the
corporate income. If all nonresident stockholders pay the
Georgia income tax on their portion of the corporate income,
the election shall be allowed.
(9) There shall be subtracted from taxable income divi-
dends received by:
(A) A corporation from sources outside the United
States as defined in the Internal Revenue Code of 1954. The
amount subtracted under this subparagraph shall be reduced
by any expenses directly attributable to the dividend income;
(B) Corporations from affiliated corporations within
the United States, when the corporation receiving the divi-
dends is engaged in business in this state and is subject to the
payment of taxes under the income tax laws of this state, to
1366
GENERAL ACTS AND RESOLUTIONS, VOL. I
the extent that the dividends have been included in net
income under this Code section. Dividends from affiliates
shall be reduced by any expenses directly attributable to the
dividend income.
(10) Where a corporations salary and wage deductions are
reduced in computing federal taxable income because the corpora-
tion has taken a federal jobs tax credit which required, as a
condition to using the federal jobs tax credit, the elimination of
salary and wage deductions, the eliminated salary and wage
deductions shall be subtracted from taxable income.
(11) There shall be a dollar-for-dollar credit against the state
income tax liability of depository financial institutions which shall
be equal to the amount of taxes, if any, paid by such taxpayers
pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the
liability of any such institutions under the taxes authorized by
Code Section 48-6-93 and Code Section 48-6-95 exceeds the
corporate income tax liability of such institution for any year, the
amount of any unused credit under this Code section may be
credited over a period of five years from the tax year in which the
unused credit arose.
Section 12. Said title is further amended by striking subsection
(a) of Code Section 48-7-25, relating to organizations exempted from
corporate income tax, in its entirety and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) The following organizations shall be exempt from taxation
imposed by Code Section 48-7-21 unless the exemption is denied
under subsection (b) or (c) of this Code section:
(1) Those organizations described by Section 501(c), 501(d),
501(e), 664, or 401 of the Internal Revenue Code of 1954. Organi-
zations described in this paragraph shall be exempt from taxation
for state purposes in the same manner and to the same extent as
for federal purposes; and
(2) Insurance companies which pay to the state a tax upon
premium income.
Section 13. Said title is further amended by striking Code
Section 48-13-71, relating to exemptions from corporate net worth
GEORGIA LAWS 1983 SESSION
1367
tax, in its entirety and inserting in lieu thereof a new Code Section 48-
13-71 to read as follows:
48-13-71. The following are exempt from the payment of the
tax imposed by this article:
(1) Those organizations not organized for pecuniary gain or
profit; and
(2) Insurance companies which are separately taxed.
Section 14. The commissioner of the Department of Banking
and Finance shall prepare a report during 1985 for submission to the
Governor and the General Assembly analyzing the fiscal impact of
this Act.
Section 15. In the event that subsection (e) of Code Section 48-
6-93 or paragraph (11) of subsection (b) of Code Section 48-7-21 is
declared or adjudged invalid or unconstitutional, it is the intent of the
General Assembly that this entire Act also be held invalid and that
the methods of taxation of subjects affected by this Act revert to
those methods in force immediately prior to the effective date of this
Act. In the event that any section, subsection, sentence, clause, or
phrase of this Act other than those described above shall be declared
or adjudged invalid or unconstitutional, such adjudication shall in no
manner affect the other sections, subsections, sentences, clauses, or
phrases of this Act, which shall remain of full force and effect as if the
section, subsection, sentence, clause, or phrase so declared or
adjudged invalid or unconstitutional were not originally a part hereof.
Except as otherwise provided in this section, the General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that any part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 16. This Act shall become effective on January 1,1984.
Section 17. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
1368
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC RETIREMENT SYSTEMS LAW.
Code Title 47, Chapter 20 Enacted.
No. 525 (House Bill No. 219).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated,
relating to retirement, so as to provide minimum funding standards
for retirement or pension systems for employees and officials of the
State of Georgia and its political subdivisions; to provide for a short
title; to provide for a statement of purpose; to provide for definitions;
to provide for controlling legislative procedures in connection with
bills amending or creating retirement or pension systems; to provide
procedures, requirements, and 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 47 of the Official Code of Georgia Annotated,
relating to retirement, is amended by adding at the end thereof a new
Chapter 20 to read as follows:
CHAPTER 20
ARTICLE 1
47-20-1. This chapter shall be known and may be cited as the
Public Retirement Systems Standards Law.
47-20-2. It is the purpose of this chapter to comply with the
provisions of Article III, Section X, Paragraph V of the Constitution
of Georgia requiring the General Assembly to enact legislation to
define funding standards to assure the actuarial soundness of any
retirement or pension system supported wholly or partially from
public funds and to control legislative procedures so that no bill or
resolution creating or amending any such retirement or pension
system shall be passed by the General Assembly without concurrent
provisions for funding in accordance with the defined funding stan-
dards.
GEORGIA LAWS 1983 SESSION
1369
47-20-3. As used in this chapter, the term:
(1) Accumulated retirement system benefits means bene-
fits that are attributable under the provisions of a retirement
system to employees service rendered to a specific valuation date.
(2) Actuarial accrued liability means that portion, as
determined by a particular actuarial cost method, of the actuarial
present value of retirement system benefits and expenses which is
not provided for by future normal costs.
(3) Actuarial assumptions means assumptions as to the
occurrence of future events affecting retirement system costs such
as: mortality, withdrawal, disability and retirement; changes in
compensation and national pension benefits; rates of investment
earnings and asset appreciation or depreciation; procedures used
to determine the actuarial value of assets, and other relevant
items.
(4) Actuarial cost method means a procedure for determin-
ing the actuarial present value of retirement system benefits and
expenses and for developing an actuarially equivalent allocation of
such value to time periods, usually in the form of a normal cost
and an actuarial accrued liability. Acceptable actuarial cost
methods are the aggregate, attained age, entry age, frozen attained
age, frozen entry age, individual aggregate, individual level, indi-
vidual spread gain and unit credit methods.
(5) Actuarial present value means the value of an amount
or series of amounts payable or receivable at various times from a
retirement system, determined as of a given date by the applica-
tion of a particular set of actuarial assumptions.
(6) Actuarial present value of accumulated retirement
system benefits means the amount as of a valuation date that
results from applying actuarial assumptions to the accumulated
retirement system benefits, with the actuarial assumptions being
used to adjust those benefits to reflect the time value of money
(through discounts for interest) and the probability of payment
(by means of decrements such as for death, disability, withdrawal,
or retirement) between the valuation date and the expected date
of payments.
1370
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Actuarial valuation means the determination, as of a
valuation date, of the normal cost, actuarial accrued liability,
actuarial value of assets, and related actuarial present values for a
retirement system.
(8) Actuarial value of assets means the value of cash,
investments, and other property belonging to a retirement system,
as used by the actuary for the purpose of an actuarial valuation.
(9) Actuary means an actuary who is enrolled under Subti-
tle C of Title III of the federal Employee Retirement Income
Security Act of 1974, P. L. 93-406.
(10) Amortization contribution means the excess in total
employer and employee contributions over normal cost.
(11) Beneficiary means a person receiving or entitled to
receive a benefit pursuant to a retirement system.
(12) Benefit means any benefit, including disability bene-
fits, which is paid or payable to a beneficiary under a retirement
system.
(13) Benefit increase means a change in or amendment to a
retirement system which results or will result in an increase in the
benefits being paid or which will be paid to a beneficiary or
potential beneficiary under a retirement system and includes any
change in a retirement system which decreases the requirements
for becoming eligible to receive a benefit and any change which
grants or authorizes a member or members of a retirement system
to obtain additional creditable service under the retirement
system for service rendered in a capacity other than as a member
of the retirement system.
(14) Employee means officials and employees of the state or
of any department, board, bureau, commission, authority, or other
agency thereof and the officials and employees of a political
subdivision or any agency thereof who are or who become mem-
bers of a retirement system.
(15) Employee contribution means that part of the compen-
sation of an employee which is paid by or on behalf of an employee
as a contribution to a retirement system.
GEORGIA LAWS 1983 SESSION
1371
(16) Employer means the State of Georgia for any retire-
ment system financially supported in whole or in part by appro-
priations made by the General Assembly, by the proceeds of a tax
levied by law enacted by the General Assembly, or by fines and
forfeitures or portions of fines and designated by law as a source of
funding for a retirement system; and, for any retirement system
supported in whole or in part by the funds of a political subdivi-
sion, employer means the local governing authority authorizing
or providing for the local retirement system.
(17) Employer contribution means:
(A) Funds paid by an employer to support financially a
retirement system;
(B) Public funds, whether by taxes, fines and forfei-
tures, or other sources, devoted to the financial support of a
retirement system; and
(C) Any other funds, other than employee contribu-
tions, used to support financially a retirement system.
(18) Legislatively controlled retirement system means a
retirement system in existence on January 1, 1984, which was
created by an Act of the General Assembly and which may be
amended only by an Act of the General Assembly.
(19) Local governing authority means the council, board of
aldermen, board of commissioners, commissioner, or other person
or body of persons entrusted by law with the administration,
management, and control of the fiscal affairs of a political subdivi-
sion.
(20) Normal cost means that portion of the actuarial pres-
ent value of a retirement system benefits and expenses which is
allocated to a valuation year by the actuarial cost method used for
the retirement system.
(21) Political subdivision means any county or municipality
of this state.
(22) Retirement bill means any bill or resolution introduced
into the General Assembly which creates or affects a retirement
system.
1372
GENERAL ACTS AND RESOLUTIONS, VOL. I
(23) Retirement system means any retirement or pension
plan or any other plan or program which exists on January 1,1984,
or which is created or established on or after that date, and which
is maintained by an employer or maintained pursuant to law or
other authority of an employer for the purpose of paying benefits
to employees or their beneficiaries after employees cease active
employment by retirement, disability, death, or other termina-
tion. The term retirement system shall include any plan or
program which creates a retired position, commonly referred to as
emeritus, and provides a salary for the retired position in lieu of a
retirement benefit. The term retirement system shall not
include an individual retirement account or other plan which
provides for an individual account for each participant and for
benefits based solely upon the amount contributed to the partici-
pants account and any income, expenses, gains, and losses and
any forfeitures of accounts of other participants which may be
allocated to a participants account.
(24) Retirement system administrator means the board of
trustees or other body or individual having responsibility, either
by law or by other authority of an employer, for the management
and administration of a retirement system.
(25) Unfunded actuarial accrued liability means the excess
of the actuarial accrued liability over the actuarial value of the
assets of a retirement system under an actuarial cost method
which so provides.
ARTICLE 2
47-20-10. (a) In order to assure the actuarial soundness of each
retirement system, the minimum annual employer contribution for
each retirement system, unless excepted by Code Section 47-20-13,
shall be the sum of the amounts determined under paragraphs (1),
(2), and (3) of this subsection minus the amount determined under
paragraph (4) of this subsection.
(1) The normal cost of the retirement system for the year;
plus
(2) The amounts necessary to amortize:
GEORGIA LAWS 1983 SESSION
1373
(A) The unfunded actuarial accrued liability over a
period of 40 years in the case of a retirement system in
existence on January 1, 1983, based on the first actuarial
valuation of the retirement system which is made on or after
January 1,1984; or
(B) The unfunded actuarial accrued liability over a
period of 30 years in the case of a retirement system which is
created or established after January 1,1983, based on the first
actuarial valuation of the retirement system; plus
(C) The increase, if any, in unfunded actuarial accrued
liability over a period of 20 years for any such increase which
occurs after January 1, 1984, during any year as a result of
changes made in the provisions of the retirement system
affecting active employees; plus
(D) The increase, if any, in unfunded actuarial accrued
liability over a period of 15 years for any such increase which
occurs from experience under the actuarial assumptions
applicable to the retirement system; plus
(E) The increase, if any, in unfunded actuarial accrued
liability over a period of 30 years for any such increase
resulting from changes in actuarial assumptions applicable to
the retirement system; plus
(3) If not otherwise included in the calculations under para-
graphs (1) or (2) or (1) and (2) of this subsection:
(A) The amount necessary to amortize over a period of
ten years in equal annual installments the increase, if any, in
unfunded actuarial accrued liability resulting from benefit
increases granted during the year to beneficiaries under the
retirement system; or
(B) The amount necessary to pay the amount of
increase in benefits granted during the year to beneficiaries
under the retirement system on a current disbursement or
pay as you go basis; minus
(4) The amount:
1374
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Necessary to amortize the decrease, if any, in
unfunded actuarial accrued liability over a period of 20 years
for any such decrease which occurs after January 1, 1984,
during any year as a result of changes made in the provisions
of the retirement system; plus
(B) Necessary to amortize the decrease in unfunded
actuarial accrued liability, if any, over a period of 15 years for
any such decrease which occurs from experience under the
actuarial assumptions applicable to the retirement system;
plus
(C) Necessary to amortize the decrease in unfunded
actuarial accrued liability, if any, over a period of 30 years for
any such decrease resulting from changes in the actuarial
assumptions applicable to the retirement system; plus
(D) In excess of the minimum annual employer contri-
bution required by this Code section which accumulates after
January 1,1984; plus
(E) Employee contributions for the year.
(b) In the case of a retirement system which uses a formula
related to the compensation of the members of the retirement system
as a basis for the calculation of benefits under the retirement system,
the amortization amounts required by subsection (a) of this Code
section, except for the amount determined under paragraph (3) of
said subsection (a), may be determined as a level percentage of future
compensation. If such level percentage amortization is used, the
actuarial assumption for future annual payroll growth shall not
exceed the actuarial assumed valuation interest rate of the retirement
system less 2 1/2 percent. If such level percentage amortization is
used, the amortization of increases and decreases in unfunded actuar-
ial accrued liability under subsection (a) of this Code section need not
be reflected in the amortization contribution otherwise determined if
the amortization contribution so determined is at least 4 percent of
the unfunded actuarial accrued liability for the period up to January
1,1989, and at least 4 1/2 percent of the unfunded actuarial accrued
liability after January 1,1989.
(c) In determining the minimum annual employer contribution
under subsection (a) of this Code section:
GEORGIA LAWS 1983 SESSION
1375
(1) All benefits which it is reasonable to anticipate will be
paid from the retirement system because of the current active
members and payments to beneficiaries shall be taken into
account; and
(2) All costs, liabilities, and other factors under the retire-
ment system shall be determined by an actuary on the basis of an
actuarial cost method and actuarial assumptions which, in the
aggregate, are reasonable, considering the experience of the retire-
ment system and reasonable expectations, and which, in combina-
tion, offer the actuarys best estimate of anticipated experience
under the retirement system.
(d) Upon completion of the first actuarial investigation of a
retirement system after January 1, 1984, and for each subsequent
actuarial investigation, the minimum annual employer contribution
required by this Code section shall be increased by an amount
equivalent to the interest earned on such minimum annual employer
contribution, based on the actuarial assumed valuation interest rate
applicable to the retirement system, from the date of such actuarial
investigation until the date the minimum annual employer contribu-
tion is made to the retirement system. This subsection shall not apply
to a retirement system to which annual employer contributions are
being made in excess of the minimum annual employer contribution
required by this Code section.
(e) In no event will employee contributions of active members of
a retirement system be used to pay benefits to beneficiaries under the
retirement system.
47-20-11. In the case of a retirement system of a political subdi-
vision, if the minimum funding standards provided by Code Section
47-20-10 would cause a severe financial hardship to the political
subdivision if implemented on January 1,1984, such minimum fund-
ing standard may be phased in over a period of four years beginning
on January 1,1984, for funding the normal cost and over a period of
seven years beginning on January 1, 1984, for funding the total
required minimum employer contribution. The provisions of this
Code section shall not apply to any retirement system of a political
subdivision which is created or established on or after January 1,
1983.
1376
GENERAL ACTS AND RESOLUTIONS, VOL. I
47-20-12. (a) The retirement system administrator of each leg-
islatively controlled retirement system, based on the findings and
conclusions of the actuary of the retirement system, shall submit a
certification to the Governor and to each member of the General
Assembly by not later than July 1, 1984, stating whether or not the
retirement system is currently being funded in conformity with the
minimum funding standards set forth in Code Section 47-20-10.
(b) Based on the certification provided for by subsection (a) of
this Code section, any legislatively controlled retirement system
which is not being funded in conformity with the minimum funding
standards set forth in Code Section 47-20-10 shall not be amended or
changed in any manner to grant any benefit increase until such time
as the retirement system administrator, based on the findings and
conclusions of the actuary of the retirement system, issues a new
certification to the Governor and to each member of the General
Assembly stating that the retirement system is being funded in
conformity with the minimum funding standards set forth in Code
Section 47-20-10.
(c) Based on the certification provided for by subsection (a) of
this Code section, the retirement system administrator of any legisla-
tively controlled retirement system which is not being funded in
conformity with the minimum funding standards set forth in Code
Section 47-20-10 shall not take any action to grant a benefit increase
until such time as a new certification provided for by subsection (b) of
this Code section is issued by the retirement system administrator.
The provisions of any law relating to a legislatively controlled retire-
ment system which authorizes the retirement system administrator to
grant benefit increases from time to time is amended to conform with
the requirements of this subsection.
(d) Any retirement bill introduced into the General Assembly in
violation of subsection (b) of this Code section shall not be considered
by the House or Senate or by any committee of the House or Senate.
Any retirement bill in violation of subsection (b) of this Code section
which is enacted by the General Assembly, whether or not the bill is
approved by the Governor, shall not become law and shall be null,
void, and of no force and effect and shall stand repealed in its entirety
on the first day of July immediately following its enactment.
47-20-13. The minimum funding standards specified by Code
Section 47-20-10 shall not apply to a retirement system which holds
GEORGIA LAWS 1983 SESSION
1377
actuarial assets in excess of 150 percent of the actuarial present value
of the accumulated retirement system benefits.
ARTICLE 3
47-20-20. (a) In the case of a retirement system of a political
subdivision, unless excepted by Code Section 47-20-13, neither the
local governing authority by ordinance or resolution or other action
nor the retirement system administrator shall take any action on or
after January 1, 1984, to grant a benefit increase under any retire-
ment system of the political subdivision until annual employer contri-
butions to each retirement system of the political subdivision are in
conformity with the minimum funding standards specified by Code
Section 47-20-10. The local governing authority of a political subdivi-
sion shall not take any action after January 1, 1984, to create or
establish any new retirement system until all existing retirement
systems of that political subdivision are being funded in conformity
with the minimum funding standards specified by Code Section 47-
20-10. This limitation shall not prohibit a local governing authority
from creating or establishing a new retirement system as a successor
to the existing retirement system or systems of the political subdivi-
sion if the resulting new system and the remaining obligations under
the previously existing system or systems are funded in accordance
with the minimum funding standards specified by Code Section 47-
20-10. The membership of such a successor retirement system need
not be confined to the membership of the previously existing retire-
ment system or systems.
(b) Unless excepted by Code Section 47-20-13 and subject to the
provisions of Code Section 47-20-11, after January 1,1984, the annual
employer contribution to each retirement system of a political subdi-
vision shall be in an amount equal to or greater than the minimum
annual employer contribution required by Code Section 47-20-10.
47-20-21. (a) The retirement system administrator of each
retirement system of a political subdivision shall comply fully with
the requirements of Code Section 47-1-3 requiring the employment of
an actuary and the completion of actuarial investigations once every
three years. In addition to the other requirements specified by Code
Section 47-1-3 for such actuarial investigations, each such invest-
igation shall express the actuarys opinion, which shall be supported
by such analysis as the actuary determines necessary, of the status of
the retirement system with regard to the minimum funding standards
1378
GENERAL ACTS AND RESOLUTIONS, VOL. I
specified in Code Section 47-20-10. Each such actuarial investigation
shall also include an analysis of each change in or amendment to the
retirement system since the previous investigation and shall identify
any change or amendment which granted a benefit increase.
(b) If an actuarial investigation or a financial report which is
submitted to the state auditor under Code Section 47-1-3 shows that
an amendment or change was made in a retirement system of a
political subdivision granting a benefit increase in violation of subsec-
tion (a) of Code Section 47-20-20 or shows that a retirement system of
a political subdivision is not in conformity with the requirements of
subsection (b) of Code Section 47-20-20, it shall be the duty of the
state auditor to notify the director of the Fiscal Division of the
Department of Administrative Services; and it shall be the duty of the
director to withhold any state funds payable to the applicable politi-
cal subdivision until the actuary of the applicable retirement system
certifies to the state auditor and to the director that employer
contributions to each retirement system of the political subdivision
are in conformity with the minimum funding standards specified in
Code Section 47-20-10.
(c) The report on the condition of local retirement systems
submitted to the Governor and to members of the General Assembly
pursuant to Code Section 47-1-4 shall include a separate list of each
retirement system of each political subdivision which is not in con-
formity with the minimum funding standards specified by Code
Section 47-20-10 and a separate attachment giving a full explanation
of any action taken pursuant to subsection (b) of this Code section.
ARTICLE 4
Part 1
47-20-30. As used in this article, the term:
(1) Amendment means any amendment, including a sub-
stitute bill, made to a retirement bill by any committee of the
House or Senate or by the House or Senate.
(2) LC number means that number preceded by the letters
LC assigned to a bill by the Office of Legislative Counsel when
that office prepares a bill for a member of the General Assembly.
GEORGIA LAWS 1983 SESSION
1379
(3) Nonfiscal amendment means an amendment to a
retirement bill having a fiscal impact, which amendment does not
change any factor of an actuarial investigation specified in subsec-
tion (a) of Code Section 47-20-36.
(4) Nonfiscal retirement bill means any retirement bill
other than one defined by paragraph (5) of this Code section.
(5) Retirement bill having a fiscal impact means:
(A) Any retirement bill having the effect of creating or
establishing a new retirement system; or
(B) Any retirement bill granting a benefit increase
under a retirement system or affecting employer contribu-
tions, employee contributions, the normal cost, or the actuar-
ial accrued liabilities of a retirement system.
47-20-31. No retirement bill may be introduced by any member
of the General Assembly unless, at the time of its introduction, the
bill has printed thereon in the upper right portion of each page of the
bill an LC number. Once a retirement bill is presented by the Office
of Legislative Counsel to a member of the General Assembly, neither
the Office of Legislative Counsel nor any person shall make any
change in the retirement bill prior to its introduction into the General
Assembly unless the bill is returned to the Office of Legislative
Counsel and that office assigns a new LC number to the bill.
Part 2
47-20-32. (a) A nonfiscal retirement bill may be introduced at
any regular session of the General Assembly, but it must be intro-
duced during the first ten days of a regular session. As a condition
precedent to the introduction of a nonfiscal retirement bill, the
member of the General Assembly who intends to be the primary
sponsor of the bill must present an exact copy of the proposed bill,
which must bear an LC number, to the state auditor. If the state
auditor finds that the proposed bill is a nonfiscal retirement bill, said
officer shall provide a written certification to that effect to the
member of the General Assembly who intends to be the primary
sponsor of the bill. Such certification shall specifically identify the
proposed bill by reference to the LC number. If the proposed bill is
introduced into the General Assembly, it shall have attached thereto
1380
GENERAL ACTS AND RESOLUTIONS, VOL. I
the original of the certification of the state auditor that the bill is a
nonfiscal retirement bill. If the LC number on the bill as offered for
introduction is different from the LC number shown on the state
auditors certification or if the bill as offered for introduction does not
bear an LC number on each page of the bill, the bill may not be
accepted for introduction by the Secretary of the Senate or the Clerk
of the House of Representatives, and the bill may not be considered
by any committee of the House or Senate or by the House or Senate.
(b) If the state auditor is unable to determine that a proposed
retirement bill presented to him under subsection (a) of this Code
section is a nonfiscal retirement bill, said officer shall not issue a
certification under said subsection, and the bill shall be considered a
retirement bill having a fiscal impact for all purposes under this
article.
47-20-33. (a) After its introduction into the General Assembly,
a nonfiscal retirement bill may not be amended in any manner to
cause the bill to become a retirement bill having a fiscal impact. Any
amendment to a nonfiscal retirement bill shall be submitted to the
state auditor. Any such amendment shall be submitted to the state
auditor by the chairman of the committee, if a committee amend-
ment, or by the presiding officer of the Senate or House if the
amendment was made by the Senate or House. If the state auditor
certifies in writing that the amendment does not cause the bill to
become a retirement bill having a fiscal impact, the bill, as amended,
may continue in the legislative process as any other bill. If the state
auditor will not certify that the amendment does not cause the bill to
become a retirement bill having a fiscal impact or if the state auditor
issues a written opinion that the amendment will cause the bill to
become a retirement bill having a fiscal impact, the bills progress in
the legislative process will end, and the bill shall not be considered
further by either the House or the Senate and shall not be passed by
the General Assembly, and, if passed by the General Assembly, the
bill shall not become law and shall be null, void, and of no force or
effect and shall stand repealed in its entirety on the first day of July
immediately following its enactment.
(b) If a nonfiscal retirement bill is amended to cause the bill to
become a retirement bill having a fiscal impact, the amendment may
be removed or changed by the committee which made the amend-
ment, if a committee amendment, or by the Senate, if that body made
the amendment, or by the House, if that body made the amendment.
GEORGIA LAWS 1983 SESSION
1381
The version of the bill, with the amendment removed or changed,
shall be submitted to the state auditor. If the state auditor certifies in
writing that the version of the bill presented to that officer is a
nonfiscal retirement bill, the bill may continue in the legislative
process as any other bill, unless it is subsequently amended, and, in
that event, this Code section shall apply to the subsequent amend-
ment.
(c) A nonfiscal retirement bill which is not amended during the
legislative process may be considered as any other bill.
Part 3
47-20-34. (a) Any retirement bill having a fiscal impact may be
introduced in the General Assembly only during the regular session
which is held during the first year of the term of office of members of
the General Assembly. Any such retirement bill may be passed by the
General Assembly only during the regular session which is held
during the second year of the term of office of members of the General
Assembly.
(b) When a retirement bill having a fiscal impact is introduced,
it shall be assigned by the presiding officer of the Senate or the House,
as the case may be, to the respective Senate or House standing
committee on retirement. If a majority of the total membership of the
respective committee is opposed to the bill on its merits, no actuarial
investigation provided for in Code Section 47-20-36 shall be neces-
sary, and the bill shall not be reported out by the committee and shall
not be adopted or considered by the House or Senate. If a majority of
the committee wishes to consider the bill further and votes in favor of
an actuarial investigation of the bill, an actuarial investigation shall
be required as provided in Code Section 47-20-36. No retirement bill
having a fiscal impact may be reported out of the committee to which
it is assigned or may be considered or adopted by the House or Senate
unless an actuarial investigation of the bill is made.
47-20-35. (a) A retirement bill having a fiscal impact which the
committee wishes to consider shall first be perfected, if necessary, by
the committee. The committee may delay further consideration of the
bill until after the close of the regular session during which the bill
was introduced, but the committee shall complete its consideration of
the bill for submission to the state auditor under Code Section 47-20-
36 by not later than the first day of July immediately following the
1382
GENERAL ACTS AND RESOLUTIONS, VOL. I
close of the legislative session. If the committee delays consideration
until after the close of the session, it shall be authorized to meet not
more than five days during the period beginning with the day
following the close of the session and ending on June 15 immediately
following the close of the session for the purpose of considering and
perfecting the bill. If the bill originated in the Senate, the House
Committee on Retirement shall be authorized to meet jointly with the
Senate Committee on Retirement to consider and perfect a bill during
the period following the close of a regular session, and, if the bill
originated in the House, the Senate Committee on Retirement shall
have the same authority. For attending meetings of their respective
committees as authorized by this subsection, the members of the
Senate and House committees on retirement shall receive the
expenses and allowances provided by law for members of legislative
interim committees. If a retirement bill having a fiscal impact is
changed by the committee to which it is assigned, such change shall
be accomplished only by a substitute bill, and no committee amend-
ment to the bill, except by substitute, shall be authorized.
(b) Immediately after a retirement bill having a fiscal impact has
been considered and perfected as provided in subsection (a) of this
Code section, the chairman of the committee to which the bill was
assigned shall transmit an exact copy of the bill, as perfected by the
committee, when applicable, to the state auditor. The copy submit-
ted to the state auditor shall bear an LC number. The submission of
the bill to the state auditor shall have attached thereto a letter signed
by the chairman of the committee requesting the state auditor to
make or cause to be made an actuarial investigation on the bill.
47-20-36. (a) If an actuarial investigation of a retirement bill
having a fiscal impact is requested under Code Section 47-20-35, it
shall be the duty of the state auditor to complete or cause to be
completed such actuarial investigation by not later than December 1
of the same year during which the request for the actuarial invest-
igation was made. The actuarial investigation shall include, but shall
not be limited to, findings on the following factors as such factors are
relevant to the retirement bill under consideration:
(1) The dollar amount of the increase in unfunded actuarial
accrued liabilities which will result for the retirement system
affected if the bill affects an existing retirement system;
GEORGIA LAWS 1983 SESSION
1383
(2) The dollar amount of unfunded actuarial accrued liabili-
ties which will be created if the bill creates a new retirement
system;
(3) The dollar amount of increase, on an annual basis, in the
normal cost of the retirement system if the bill affects an existing
retirement system;
(4) The dollar amount, on an annual basis, of the normal
costs which will be incurred if the bill creates a new retirement
system;
(5) A statement of the current employer contribution rate in
effect for the retirement system if the bill affects an existing
retirement system;
(6) A finding of whether or not the current employer contri-
bution rate under paragraph (5) of this subsection is in conformity
with the minimum funding standards specified by Code Section
47-20-10;
(7) A statement of the recommended current employer con-
tribution rate if, under paragraph (6) of this subsection, the
current employer contribution rate is not in conformity with the
minimum funding standards specified by Code Section 47-20-10;
(8) A statement of the employer contribution rate, which
must be in conformity with the minimum funding standards
specified by Code Section 47-20-10, recommended if the bill
amends an existing retirement system;
(9) A statement of the employer contribution rate, which
must be in conformity with the minimum funding standards
specified by Code Section 47-20-10, recommended if the bill
creates a new retirement system; and
(10) A statement of the dollar amount of the annual
employer contribution which will be necessary to maintain the
retirement system affected or established by the bill in an actuar-
ially sound condition.
(b) Upon its completion, an actuarial investigation shall be
submitted by the state auditor to the chairman of the committee
which requested it along with the following:
1384
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) A statement that the actuarial investigation is for the
particular retirement bill, identified by LC number, submitted to
the state auditor and that subsequent changes in the retirement
bill will invalidate the actuarial investigation and the findings
included therein; and
(2) A summary of the actuarial investigation which shall
include the relevant findings specified in subsection (a) of this
Code section.
(c) The chairman of the committee, upon receipt of the informa-
tion provided for under subsection (b) of this Code section, shall
cause the material submitted to such chairman under paragraphs (1)
and (2) of said subsection to be printed by the Secretary of the Senate
or the Clerk of the House of Representatives, depending on whether
the bill is a Senate bill or House bill, in sufficient quantity to attach a
copy thereof to all printed copies of the bill. Tbe original of such
material shall be attached by the Secretary of the Senate or Clerk of
the House of Representatives to the original version of the substitute
bill, as perfected by the committee under Code Section 47-20-35, if
applicable, or to the original version of the bill as introduced if the bill
was not changed by the committee prior to its submission to the state
auditor for an actuarial investigation.
47-20-37 (a) When a retirement bill having a fiscal impact has
had an actuarial investigation pursuant to Code Section 47-20-36, the
bill may be considered at the next regular session of the General
Assembly. If the bill as originally introduced was not changed by the
committee and the original version was submitted to the state auditor
for an actuarial investigation, then the original version of the bill is
the only one, except as otherwise provided by subsection (b) of this
Code section, which may be considered by any committee or by the
House or Senate. If the original bill was substituted by the committee
and the substitute version was the one submitted to the state auditor,
then that substitute bill is the only one, except as otherwise provided
by subsection (b) of this Code section, which may be considered by
any committee or by the House or Senate.
(b) After completion of an actuarial investigation, any amend-
ment to a retirement bill having a fiscal impact shall be out of order
and shall not be allowed either by a committee or by the House or
Senate, except for a nonfiscal amendment. Any amendment to a
retirement bill having a fiscal impact shall be submitted to the state
GEORGIA LAWS 1983 SESSION
1385
auditor by the chairman of the committee, if a committee amend-
ment, or by the presiding officer of the Senate or House if the
amendment was made by the Senate or House. If the state auditor
certifies in writing that the amendment is a nonfiscal amendment,
then the bill as amended, with the state auditors certification
attached to the original of the amendment, may continue in the
legislative process. If the state auditor will not certify that the
amendment is nonfiscal or if the state auditor issues a written opinion
that the amendment changes any factor of an actuarial investigation
specified in subsection (a) of Code Section 47-20-36, the bills pro-
gress in the legislative process will end, and the bill shall not be
considered further by either the House or Senate and shall not be
passed by the General Assembly, and, if passed by the General
Assembly, the bill shall not become law and shall be null, void, and of
no force and effect and shall stand repealed in its entirety on the first
day of July immediately following its enactment.
(c) An amendment to a retirement bill having a fiscal impact
which affects a factor of an actuarial investigation specified in subsec-
tion (a) of Code Section 47-20-36 may be removed or changed so that
no such factor is affected by the amendment by the committee which
made the amendment, if a committee amendment, or by the Senate, if
that body made the amendment, or by the House, if that body made
the amendment. The version of the bill with the amendment
removed or changed shall be submitted to the state auditor. If the
state auditor certifies in writing that the factors of an actuarial
investigation specified in subsection (a) of Code Section 47-20-36 are
not changed by the version of the bill submitted to that officer, then
that version of the bill may continue in the legislative process unless it
is subsequently amended, and, in that event, this Code section shall
apply to the subsequent amendment.
ARTICLE 5
47-20-50. (a) Any retirement bill having a fiscal impact which
is enacted by the General Assembly and which is approved by the
Governor or which otherwise becomes law shall become effective on
the first day of July immediately following the regular session during
which it was enacted, but only if the enacted bill is concurrently
funded as provided by this Code section. If an enacted bill, including
one approved by the Governor, is not concurrently funded as required
by this Code section, then such bill may not become effective as law
and shall be null, void, and of no force and effect and shall stand
1386
GENERAL ACTS AND RESOLUTIONS, VOL. I
repealed in its entirety on the first day of July immediately following
its enactment.
(b) When a retirement bill having a fiscal impact amends a
retirement system having employer contributions funded from
appropriations by the General Assembly, then appropriations for the
first fiscal year of effectiveness of the bill, after it becomes law, must
include funds to pay the amount determined by the actuarial invest-
igation under paragraph (10) of subsection (a) of Code Section 47-20-
36, and future appropriations for subsequent fiscal years must
include an amount necessary to maintain the actuarial soundness of
the retirement system in accordance with the findings of the actuarial
investigation. Any limitation on the rate of employer contributions
that may be included in a law which is the source of authority for a
retirement system affected by this subsection is amended to the
extent necessary to comply with the requirements of this subsection.
(c) When a retirement bill having a fiscal impact amends a
retirement system having employer contributions funded from por-
tions of fines and forfeitures, then, if necessary to produce funds to
pay the amount determined by actuarial investigation under para-
graph (10) of subsection (a) of Code Section 47-20-36, either:
(1) The retirement bill having a fiscal impact or parallel
legislation, which must become effective concurrently with the
retirement bill, must revise the portion of fines and forfeitures
designated for employer contributions to pay the amount deter-
mined under paragraph (10) of subsection (a) of Code Section 47-
20-36; or
(2) The General Assembly by direct appropriations must
supplement employer contributions from fines and forfeitures to
the extent necessary to pay the amount determined under para-
graph (10) of subsection (a) of Code Section 47-20-36.
(d) When a retirement bill having a fiscal impact amends a
retirement system having employer contributions funded from the
designation of the proceeds of a tax imposed by law, then either:
(1) The retirement bill having a fiscal impact or parallel
legislation, which must become effective concurrently with the
retirement bill, must revise the tax as necessary to pay the amount
determined under paragraph (10) of subsection (a) of Code Sec-
tion 47-20-36; or
GEORGIA LAWS 1983 SESSION
1387
(2) The General Assembly by direct appropriation must
supplement employer contributions from the tax to the extent
necessary to pay the amount determined under paragraph (10) of
subsection (a) of Code Section 47-20-36.
(e) When a retirement bill having a fiscal impact amends a
retirement system having employer contributions funded wholly or
partially from the funds of a political subdivision, that political
subdivision shall have a duty to produce funds as necessary to pay all
or its proportionate share of the amount determined by actuarial
investigation under paragraph (10) of subsection (a) of Code Section
47-20-36.
(f) When a retirement bill having a fiscal impact creates a new
retirement system, then employer contributions in conformity with
the minimum funding standards of Code Section 47-20-10 and in
conformity with paragraph (10) of subsection (a) of Code Section 47-
20-36 must be made to the retirement system either by direct
appropriations by the General Assembly or by another source of
employer contributions specifically provided for in the bill creating
the new retirement system.
47-20-51. No provision of this chapter generally and no provi-
sion of Code Section 47-20-50 in particular shall:
(1) Create or be construed to create a contractual right to a
retirement benefit or a contractual right in the provisions of a
retirement system law which does not exist independently of the
provisions of this chapter; and
(2) Impair, alter, or diminish or be construed to impair,
alter, or diminish a contractual right to a retirement benefit or a
contractual right in the provisions of a retirement system law
which exists independently of the provisions of this chapter.
ARTICLE 6
47-20-60 (a) The state auditor shall be authorized to employ or
contract with actuaries and other personnel to carry out the duties
assigned to that officer by this chapter. Upon their approval by the
Legislative Services Committee, expenses incurred by the state audi-
tor in carrying out such duties shall be paid from funds appropriated
or available to the legislative branch of the state government. When
1388
GENERAL ACTS AND RESOLUTIONS, VOL. I
authorized to do so by the Legislative Services Committee, and such
authorization may be on a continuing basis by direction of the
Legislative Services Committee entered upon its minutes, the legisla-
tive fiscal officer, upon certification by the state auditor of expenses
incurred to carry out the duties assigned to that officer by this
chapter, is authorized to expend legislative funds to pay such
expenses.
(b) Retirement system administrators, state officials and
employees, and officials and employees of political subdivisions are
authorized and directed to cooperate with and assist the state auditor
in carrying out the duties assigned to that officer by this chapter.
47-20-61. The enrolled Act resulting from a bill which is subject
to the legislative procedures provided by this chapter shall have
attached thereto the original or a true and correct copy of all
certificates and summaries of actuarial investigations submitted by
the state auditor pursuant to the requirements of this chapter.
47-20-62. This chapter shall become effective on January 1,
1984. Only nonfiscal retirement bills may be introduced at the 1984
regular session of the General Assembly. Retirement bills having a
fiscal impact which were introduced at the 1983 regular session and
which are still pending at the 1984 regular session shall be subject to
the requirements of Code Section 47-20-50, except that the amount
determined by actuarial investigation under paragraph (10) of sub-
section (a) of Code Section 47-20-36 shall be determined by the
director of the Office of Planning and Budget and the state auditor
pursuant to Code Sections 28-5-42 and 28-5-43, relating to fiscal
notes.
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 March 29,1983.
GEORGIA LAWS 1983 SESSION
1389
DENTISTS AND DENTAL HYGIENISTS PRACTICE
REGULATED.
Code Title 43, Chapter 11 Amended.
No. 526 (House Bill No. 386).
AN ACT
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 service of documents; to change what acts constitute the practice
of dentistry; to provide for teachers and public health licenses; to
delete certain requirements regarding registration of licenses and
forms therefor; to change the provisions relating to disciplinary
sanctions, grounds, procedures, and penalties; to change the proce-
dure upon accusation or violation; to change sanctions, standards,
and procedures relating to the practice of dental hygiene; to change
provisions relating to the records of hearings and judgments and the
right of certiorari; to provide for penalties for the unlicensed practice
of dental hygiene; 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 43 of the Official Code of Georgia
Annotated, relating to dentists and dental hygienists, is amended by
striking in its entirety subsection (a) of Code Section 43-11-13,
relating to signing and service of orders and subpoenas, and substitut-
ing in its place a new subsection (a) to read as follows:
(a) It shall be the duty of the several sheriffs, their deputies,
and the constables to serve any and all lawful orders and subpoenas of
the board. The board may also appoint any other person to serve any
decision, order, and subpoena of the board, which persons duty it
shall be to execute the same.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-11-17, relating to those acts which
constitute the practice of dentistry, and inserting in its place a new
subsection (a) to read as follows:
1390
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Any person who charges a fee or salary or any other reward,
whether paid or unpaid to anyone directly or indirectly, for opera-
tions or parts of operations of any kind in the treatment of diseases or
lesions of the human mouth, teeth, gums, or jaws; extracts teeth or
attempts to correct the malposition thereof; fills or crowns a human
tooth or teeth; does any operation whatsoever on the human mouth,
teeth, gums, or jaws; examines any human mouth, teeth, gums, or jaws
or takes an impression thereof for the purpose of treating or operating
upon the same; makes or repairs appliances usable on teeth or as teeth
unless such appliances are ordered by and returned to a licensed
dentist; undertakes to do or perform any physical evaluation of a
patient in his office or in a hospital, clinic, or other medical or dental
facility prior to, incident to, and appropriate to the performance of
any dental services or oral or maxillofacial surgery; diagnoses dental
radiographs or makes radiographs except for use by a licensed dentist
or a licensed physician; or by any means whatsoever makes it known
or implies that he will do such operations shall be held to be
practicing dentistry.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 43-11-42, relating to reciprocity, and substitut-
ing in its place a new Code Section 43-11-42 to read as follows:
43-11-42. (a) The board may issue, in its discretion, without
examination, a teachers license to dentists holding a dental license
from another state for the sole purpose of teaching or demonstrating
dentistry in a regularly licensed dental college or clinic in the state.
(b) The board may issue, in its discretion, without examination,
a license to dentists for the sole purpose of practicing public health
dentistry in an official state or a local health department or to render
dental services to patients in state operated eleemosynary or correc-
tional institutions, provided that these dentists possess a license in
another state and have graduated from an accredited school of
dentistry. Such license shall be considered to be a temporary license
which shall be valid for a period to be established by board rule.
(c) The cost of such teachers or public health/temporary license
shall be established by the board.
(d) The board may also, in its discretion, enter into an agree-
ment with any similar board of any other state to the effect that each
party to such agreement, under the conditions therein stipulated, will
GEORGIA LAWS 1983 SESSION
1391
grant licenses to practicing dentists on the basis of a license having
been granted by the other party to the agreement.
(e) Any license issued under this Code section shall be subject to
the disciplinary standards and procedures set forth in Code Section
43-11-47.
Section 4. Said chapter is further amended by striking in its
entirety Code Section 43-11-44, relating to registration with the clerk
of the superior court, which reads as follows:
43-11-44. All persons licensed to practice dentistry shall cause
their licenses to be registered by the clerk of the superior court in the
county or counties in which they may desire to practice dentistry
before beginning such practice. Anyone who does not desire to
practice dentistry immediately upon the issuance of a license to him
shall, if a resident of this state, cause the same to be registered in the
office of the clerk of the superior court in the county of his residence
and, if a nonresident, in the office of the clerk of the Superior Court of
Fulton County. Should such persons subsequently desire to practice
dentistry in this state, they shall, before the beginning of such
practice, cause their licenses to be registered in the county or counties
in which they desire to practice. All persons to whom licenses are
granted shall register the same as provided in this Code section within
six months from the date of issuance thereof, whether practicing or
not, and pay the clerk of the superior court the established fee for
such service. The failure of anyone to register his license shall work a
forfeiture thereof, and the same shall become null and void but may
be restored by paying to the joint-secretary a fee in an amount
established by the board.
Section 5. Said chapter is further amended by striking in its
entirety Code Section 43-11-45, relating to certificates for registration
of licenses to practice dentistry, which reads as follows:
43-11-45. The board shall prescribe a form of certificate for
registration with the clerk of the superior court, and a copy shall be
furnished anyone by the joint-secretary upon demand, upon payment
of a fee of 50<f.
Section 6. Said chapter is further amended by striking in its
entirety Code Section 43-11-47, relating to the revocation or suspen-
sion of licenses, and substituting in its place a new Code Section 43-
11-47 to read as follows:
1392
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-11-47. (a) The board shall have the authority to refuse to
grant a license to an applicant or to revoke the license of a dentist
licensed by the board or to discipline a dentist licensed under this
chapter or any antecedent law upon a finding by a majority of the
entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for
a license contained in this chapter or in the rules and regulations
issued by the board, pursuant to specific statutory authority; it
shall be incumbent upon the applicant to demonstrate to the
satisfaction of the board that he meets all the requirements for the
issuance of a license, and, if the board is not satisfied as to the
applicants qualifications, it may deny a license without a prior
hearing; provided, however, that the applicant shall be allowed to
appear before the board if he so desires;
(2) Knowingly made misleading, deceptive, untrue, or
fraudulent representations in the practice of dentistry or on any
document connected therewith; or practiced fraud or deceit or
intentionally made any false statement in obtaining a license to
practice dentistry; or made a false statement or deceptive annual
registration with the board;
(3) Been convicted of any felony or of any crime involving
moral turpitude in the courts of this state or any other state,
territory, or country or in the courts of the United States; as used
in this subsection, the term felony shall include any offense
which, if committed in this state, would be deemed a felony,
without regard to its designation elsewhere; and, as used in this
subsection, the term conviction shall include a finding or verdict
of guilty or a plea of guilty, regardless of whether an appeal of the
conviction has been sought;
(4) Been arrested, charged, and sentenced for the commis-
sion of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the
charge;
(B) First offender treatment without adjudication of
guilt pursuant to the charge was granted; or
GEORGIA LAWS 1983 SESSION
1393
(C) An adjudication or sentence was otherwise with-
held or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to the
provisions of the Georgia First Offender Act or other first
offender treatment shall be conclusive evidence of arrest and
sentencing for such crime;
(5) Had his license to practice dentistry revoked, sus-
pended, or annulled by any lawful licensing dental authority other
than the board; or had other disciplinary action taken against him
by any lawful licensing dental authority other than the board; or
was denied a license by any lawful licensing dental authority other
than the board, pursuant to disciplinary proceedings; or was
refused the renewal of a license by any lawful licensing dental
authority other than the board, pursuant to disciplinary proceed-
ings;
(6) Engaged in any unprofessional, immoral, unethical,
deceptive, or deleterious conduct or practice harmful to the
public, which conduct or practice materially affects the fitness of
the licensee or applicant to practice dentistry, or of a nature likely
to jeopardize the interest of the public, which conduct or practice
need not have resulted in actual injury to any person or be directly
related to the practice of dentistry but shows that the licensee or
applicant has committed any act or omission which is indicative of
bad moral character or untrustworthiness; unprofessional conduct
shall also include any departure from, or the failure to conform to,
the minimal standards of acceptable and prevailing dental prac-
tice;
(7) Engaged in the practice of dentistry as an officer or
employee of any corporation other than one organized and exist-
ing pursuant to Chapter 10 of Title 14, the Georgia Professional
Association Act, or Chapter 7 of Title 14, the Georgia Profes-
sional Corporation Act, except as a licensed dentist or an intern or
resident of a hospital or teaching institution licensed by this state;
(8) Used any trade name or corporate name in connection
with the practice of dentistry except as authorized by this para-
graph, provided that the board shall be notified in writing of the
intended use of a trade name or corporate name; the party
submitting such name shall be notified in writing within 90 days
1394
GENERAL ACTS AND RESOLUTIONS, VOL. I
after submission as to the approval or rejection of the proposed
name; if the proposed name is rejected, the party submitting same
shall have 15 days from receipt of notice of the rejection to submit
a new proposal or to appear before the board; the board shall have
the authority to reject, in its discretion, and without a hearing in
accordance with Chapter 13 of Title 50, the Georgia Administra-
tive Procedure Act, any proposed name which is misleading to the
public or confusingly similar to other names having been approved
by the board; the board shall not reject any proposed name
without reasonable cause; the fact that the name to be used is not
the name of the party or parties giving notice shall not be grounds
to reject the proposed name; no name rejected for any party shall
be approved for any other party without reasonable cause; and the
board shall be authorized to promulgate rules and regulations to
carry out the purposes of this paragraph;
(9) Knowingly performed any act which in any way aids,
assists, procures, advises, or encourages any unlicensed person or
any licensee whose license has been suspended or revoked by the
board to practice dentistry or to practice outside the scope of any
disciplinary limitation placed upon the licensee by the board;
(10) Violated a statute, law, or any rule or regulation of this
state, any other state, the board, the United States, or any other
lawful authority (without regard to whether the violation is crimi-
nally punishable), which statute, law, or rule or regulation relates
to or in part regulates the practice of dentistry, when the licensee
or applicant knows or should know that such action is violative of
such statute, law, or rule; or violated a lawful order of the board
previously entered by the board in a disciplinary hearing, consent
decree, or license reinstatement;
(11) Been adjudged mentally incompetent by a court of
competent jurisdiction within or without 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;
(12) Displayed an inability to practice dentistry with reason-
able skill and safety to patients or has become unable to practice
dentistry with reasonable skill and safety to patients by reason of
illness, use of alcohol, drugs, narcotics, chemicals, or any other
GEORGIA LAWS 1983 SESSION
1395
type of material, or as a result of any mental or physical condition.
In enforcing this paragraph, the board may, upon reasonable
grounds, require a licensee or applicant to submit to a mental or
physical examination by physicians designated by the board. The
results of such examination shall be admissible in any hearing
before the board, notwithstanding any claim of privilege under a
contrary rule of law or statute. Every person who shall accept the
privilege of practicing dentistry in this state, or shall file an
application for a license to practice dentistry in this state, shall be
deemed to have given his consent to submit to such mental or
physical examination and to have waived all objections to the
admissibility of the results in any hearing before the board upon
the grounds that the same constitutes a privileged communica-
tion. If a licensee or applicant fails to submit to such an examina-
tion when properly directed to do so by the board, unless such
failure is due to circumstances beyond his control, the board may
enter a final order upon proper notice, hearing, and proof of such
refusal. Any licensee or applicant who is prohibited from practic-
ing dentistry under this subsection shall at reasonable intervals be
afforded an opportunity to demonstrate to the board that he can
resume or begin the practice of dentistry with reasonable skill and
safety to patients;
(13) Failed to register with the joint-secretary as required by
law. It shall be the duty of every licensee to notify the board of any
change in his address of record with the board; provided, however,
that for a period established by the joint-secretary after failure to
register a license may be reinstated by payment of a registration
fee to be determined by the board by rule and by filing of a special
application therefor. After this period has elapsed, a license may
be revoked for failure to register and for failure to pay the fee as
provided by law, provided that a registered or certified letter has
been sent to the dentist informing him that this action is pending,
in time for him to make payment. Any license revoked under the
terms of this Code section may be reinstated only upon an
applicants taking the examination required by Code Section 43-
11-40 and paying the fees prescribed by law therefor;
(14) Engaged in the excessive prescribing or administering of
drugs or treatment or the use of diagnostic procedures which are
detrimental to the patient as determined by the customary prac-
tice and standards of the local community of licensees; or know-
ingly prescribed controlled drug substances or any other medica-
1396
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion without a legitimate dental purpose; or knowingly over-
prescribed controlled drug substances or other medication, in
light of the condition of the patient at the time of prescription; or
(15) Knowingly made any fraudulent, misleading, or decep-
tive statement in any form of advertising or made any statement
in any advertisement concerning the quality of the dental services
rendered by that dentist or any dentist associated with him. For
purposes of this paragraph, advertising shall include any infor-
mation communicated in a manner designated to attract public
attention to the practice of the licensee.
(b) The provisions of Chapter 13 of Title 50, the Georgia
Administrative Procedure Act, with respect to emergency action by
the board and summary suspension of a license are adopted and
incorporated by reference into this chapter.
(c) For purposes of this Code section, the board may obtain, and
is authorized to subpoena, upon reasonable grounds, any and all
records relating to the mental or physical condition of a licensee or
applicant, and such records shall be admissible in any hearing before
the board.
(d) 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:
(1) Refuse to grant or renew a license to an applicant;
(2) Administer a public or private reprimand, but a private
reprimand shall not be disclosed to any person except the licensee;
(3) Suspend any license for a definite period or for an
indefinite period in connection with any condition which may be
attached to the restoration of said license;
(4) Limit or restrict any license as the board deems neces-
sary for the protection of the public;
(5) Revoke any license; or
GEORGIA LAWS 1983 SESSION
1397
(6) Condition the penalty upon, or withhold formal disposi-
tion pending, the applicants or licensees submission to such care,
counseling, or treatment as the board may direct.
(e) In addition to and in conjunction with the actions described
in subsection (d) of this Code section, 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 on probation,
which probation may be vacated upon noncompliance with such
reasonable terms as the board may impose.
(f) Initial judicial review of a final decision of the board shall be
had solely in the superior court of the county of domicile of the board.
(g) In its discretion, the board may reinstate a license which has
been revoked or issue a license which has been denied or refused,
following such procedures as the board may prescribe by rule; and, as
a condition thereof, it may impose any disciplinary or corrective
method provided in this chapter.
(h) (1) The joint-secretary of the state examining boards is
vested with the power and authority to make, or cause to be made
through employees or agents of the board, such investigations as
he or the board may deem necessary or proper for the enforcement
of the provisions of this chapter. Any person properly conducting
an investigation on behalf of the board shall have access to and
may examine any writing, document, or other material relating to
the fitness of any licensee or applicant. The joint-secretary or his
appointed representative may issue subpoenas to compel such
access upon a determination that reasonable grounds exist for the
belief that a violation of this chapter or any other law relating to
the practice of dentistry may have taken place.
(2) The results of all investigations initiated by the board
shall be reported solely to the board, and the records of such
investigations shall be kept for the board by the joint-secretary,
with the board retaining the right to have access at any time to
such records. No part of any such records shall be released, except
to the board, for any purpose other than a hearing before the
board, nor shall such records be subject to subpoena; provided,
however, that the board shall be authorized to release such records
to another enforcement agency or lawful licensing authority.
1398
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) All records relating to any patient of a licensee who is the
subject of a board inquiry shall be admissible at any hearing held
to determine whether a violation of this chapter has taken place,
regardless of any statutory privilege; provided, however, that any
documentary evidence relating to a patient shall be reviewed in
camera and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons
during its deliberations on disciplinary proceedings and to discuss
any disciplinary matter in private with a licensee or applicant and
the legal counsel of that licensee or applicant.
(i) A person, firm, corporation, association, authority, or other
entity shall be immune from civil and criminal liability for reporting
or investigating 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 dentist, dental hygienist, or dental assistant or for
initiating or conducting proceedings against such licensee or appli-
cant, if such report is made or action is taken in good faith, without
fraud or malice. Any person who testifies or who makes a recommen-
dation to the board in the nature of peer review, in good faith, without
fraud or malice, before the board in any proceeding involving the
provisions of subsection (a) of this Code section or any other law
relating to a licensees or applicants fitness to practice as a dentist or
a dental hygienist shall be immune from civil and criminal liability for
so testifying.
(j) Neither a denial of a license on grounds other than those
enumerated in subsection (a) nor the issuance of a private reprimand
nor the denial of a license by reciprocity nor the denial of a request for
reinstatement of a revoked license nor the refusal to issue a previously
denied license nor the denial of an application to use a particular
corporate or trade name shall be considered to be a contested case
within the meaning of Chapter 13 of Title 50, the Georgia Adminis-
trative Procedure Act; notice and hearing within the meaning of said
Act shall not be required, but the applicant or licensee shall be
allowed to appear before the board if he so requests;
(k) If any licensee or applicant fails to appear at any hearing
after reasonable notice, the board may proceed to hear the evidence
against such licensee or applicant and take action as if such licensee or
applicant had been present. A notice of hearing, initial or recom-
GEORGIA LAWS 1983 SESSION
1399
mended decision, or final decision of the board in a disciplinary
proceeding shall be served upon the licensee or applicant by certified
mail, return receipt requested, to the last known address of record
with the board. If such material is returned marked unclaimed or
refused or is otherwise undeliverable and if the licensee or applicant
cannot, after diligent effort, be located, the joint-secretary shall be
deemed to be the agent for service for such licensee or applicant for
purposes of this Code section, and service upon the joint-secretary
shall be deemed to be service upon the licensee or applicant;
(l) The voluntary surrender of a license shall have the same
effect as a revocation of said license, subject to reinstatement in the
discretion of the board;
(m) This Code section shall apply equally to all licensees or
applicants whether individuals, partners, or members of any other
incorporated or unincorporated associations, corporations, or other
associations of any kind whatsoever;
(n) All subpoenas issued pursuant to the authority granted in
this chapter shall be subject to the general rules of law with respect to
distance, tender of fees and expenses, and protective orders; pro-
vided, further, any motion made with respect thereto shall be made to
and passed on by a judge of the superior court of the residence of the
person to whom the subpoena is directed.
Section 7. Said chapter is further amended by striking in its
entirety Code Section 43-11-48, relating to procedure upon accusa-
tion or violation, and substituting in its place a new Code Section 43-
11-48 to read as follows:
43-11-48. (a) Proceedings under this chapter may be initi-
ated by the board upon its own motion or upon receipt of a signed
written complaint. A board member who forwards a complaint to the
attention of the board shall not participate in any further disciplinary
proceedings with respect to such applicant or licensee. Disposition of
contested cases, within the meaning of Chapter 13 of Title 50, the
Georgia Administrative Procedure Act, shall be governed by said
Act.
(b) A record of all hearings, decisions, and orders shall be kept
for the board by the joint-secretary.
1400
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said chapter is further amended by striking in its
entirety Code Section 43-11-72, relating to suspension or revocation
of licenses of dental hygienists, and substituting in its place a new
Code Section 43-11-72 to read as follows:
43-11-72. The board shall have the authority to sanction the
license of any licensed dental hygienist in this state based upon any
ground or violation enumerated in Code Section 43-11-47 in accord-
ance with the sanctions, standards, and procedures set forth therein,
or for violation of Code Section 43-11-74 or any other law or rule
relating to the practice of dental hygiene, in accordance with the
sanctions, standards, and procedures set forth in Code Section 43-11-
47.
Section 9. Said chapter is further amended by striking in its
entirety Code Section 43-11-73, relating to record of hearings and
judgments, which reads as follows:
43-11-73. A record of all hearings and judgments under this
article shall be kept by the board and, in event of suspension or
revocation of a license, the board within ten days shall transmit a
certified copy of the judgment to the clerk of the superior court of the
county or counties in which the license of the licensee affected is
recorded. In case of suspension or revocation of a license by the board,
the party affected shall have the right of certiorari to the superior
court in the county of his residence as is provided by the laws of this
state.
Section 10. Said chapter is further amended by adding at the
end a new Code Section 43-11-76, relating to the practice of dental
hygiene without a license, to read as follows:
43-11-76. Any person who engages in the practice of dental
hygiene without first having obtained a license therefor shall be guilty
of a misdemeanor.
Section 11. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
GEORGIA LAWS 1983 SESSION
1401
OFFICE OF COMMISSIONER OF VETERANS
SERVICE CREATED, ETC.
Code Title 38, Chapter 4 Amended.
Code Title 43, Chapter 12 Amended.
Code Section 45-7-4 Amended.
No. 527 (House Bill No. 25).
AN ACT
To amend the Official Code of Georgia Annotated so as to change
the term director of veterans service to commissioner of veterans
service wherever the same shall appear in the Code; to change the
term director to commissioner wherever the same shall appear in
the Code in reference to the Department of Veterans Service; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article IV, Section V, Paragraph I, subparagraph
(b) of the Constitution of the State of Georgia.
Section 2. The Official Code of Georgia Annotated is amended
by striking in its entirety Code Section 38-4-1, relating to the Depart-
ment of Veterans Service and the Veterans Service Board, and
inserting in lieu thereof a new Code Section 38-4-1 to read as follows:
38-4-1. (a) There is created within the state government a
Department of Veterans Service. The Department of Veterans Ser-
vice shall be administered by a commissioner of veterans service and a
Veterans Service Board comprised of seven members appointed by
the Governor. The commissioner of veterans service shall be the
executive officer of the department and shall be charged with the
administrative responsibilities of the department in conformity with
the orders, rules, and regulations of the Veterans Service Board. The
original appointments of the members of the board shall be for terms
of one, two, three, four, five, six, and seven years, respectively. Except
in cases of vacancy, all terms and appointments of members of the
Veterans Service Board after the original appointments shall be for
1402
GENERAL ACTS AND RESOLUTIONS, VOL. I
seven years. No person shall be appointed to the Veterans Service
Board and no person shall be eligible for the office of commissioner of
veterans service except persons who have honorably served not less
than three months in the armed services of the United States during a
war in which the United States was engaged. All persons serving as
members of the board or as commissioner under the terms of this
article shall be residents of this state for a period of five years unless
they were residents of this state at the time they volunteered,
enlisted, or were inducted in the armed services of the United States.
There shall be a chairman, vice-chairman, and secretary of the
Veterans Service Board annually elected from among its own mem-
bership.
(b) The members of the Veterans Service Board shall be con-
firmed by the Senate. All members of the board and the commissioner
of veterans service shall hold office until their successors are
appointed and qualified. Any appointment of a member of the board
for a full term made when the Senate is not in session shall be
effective only until the same is acted upon by the Senate.
(c) As used in this article, the term commissioner shall mean
the commissioner of veterans service.
Section 3. Said Code is further amended by striking in its
entirety Code Section 38-4-3, relating to duties of the Department of
Veterans Service, and inserting in lieu thereof a new Code Section 38-
4-3 to read as follows:
38-4-3. (a) The Department of Veterans Service and all offi-
cers and employees thereof shall work consistently and diligently in
all matters and particularly shall undertake to conduct an educa-
tional program for the information of veterans, their surviving
spouses, and dependents, as to any and all rights accruing to such
veterans under national, state, and local law. The commissioner of
veterans service and the members of the board are directed to
conduct educational programs by making personal appearances
before veterans organizations, service clubs, fraternal groups, and
other such organizations so as to acquaint the public generally with
the work of the department and the rights and privileges of veterans.
(b) The commissioner of veterans service, the board, and the
department are authorized and directed to make available in any
regions, locations, and areas throughout this state representatives of
GEORGIA LAWS 1983 SESSION
1403
the department to assist veterans, surviving spouses, and dependents
in the preparation and filing of claims for benefits and in acquainting
them with all legal rights and privileges.
Section 4. Said Code is further amended by striking in its
entirety Code Section 38-4-5, relating to meetings of the Veterans
Service Board, and inserting in lieu thereof a new Code Section 38-4-5
to read as follows:
38-4-5. The Veterans Service Board shall meet once each
month in the offices of the Department of Veterans Service and at the
meetings shall give attention to all things and matters properly
coming under the jurisdiction of the board. The meetings provided
for in this Code section shall be for stated regular periods but shall
not exceed more than two days in any one session. Called meetings of
the board may be held by the chairman thereof or by the commis-
sioner of veterans service.
Section 5. Said Code is further amended by striking in its
entirety Code Section 38-4-6, relating to the Veterans Service Board,
and inserting in lieu thereof a new Code Section 38-4-6 to read as
follows:
38-4-6. (a) The Veterans Service Board shall recommend to
the commissioner matters of policy, procedure, and work projects.
(b) The board shall select a commissioner of veterans service,
who shall serve for a term of four years and who shall be chief
executive and administrative official of the department and the
board. The board, however, at any time for good and sufficient cause,
properly shown, may dispense with the services of the commissioner
after notice has been given to the commissioner and a hearing has
been held before the board, at which hearing the commissioner shall
be heard in person, by counsel, or both. No person who serves as
commissioner shall be eligible, except as provided in subsection (c) of
this Code section, to run as a candidate in any primary, special, or
general election for any state or federal elective office nor to hold any
such office, except as provided in subsection (c) of this Code section,
during the time he serves as commissioner and for a period of 12
months after the date he ceases to serve as commissioner.
(c) Notwithstanding subsection (b), nothing contained in this
Code section shall prevent the commissioner from being appointed to
1404
GENERAL ACTS AND RESOLUTIONS, VOL. I
any such office nor disqualify the commissioner to run in any such
elections to succeed himself in any office to which he might have been
appointed nor to hold such office in the event he is elected thereto and
qualifies under the requirements of law.
Section 6. Said Code is further amended by striking in its
entirety Code Section 38-4-7, relating to the executive and adminis-
trative officer of the Department of Veterans Service, and inserting in
lieu thereof a new Code Section 38-4-7 to read as follows:
38-4-7. (a) The commissioner shall be compensated as pro-
vided in Code Section 45-7-4. The compensation shall be paid in
semimonthly installments.
(b) The commissioner, as executive and administrative officer of
the Department of Veterans Service and the board, shall be in charge
of the administration of all matters pertaining to veterans affairs
under this article and in conformity with rules and regulations of the
board.
(c) It shall be the duty of the commissioner:
(1) To effectuate and carry out the laws of the state pertain-
ing to veterans and to perform the duties required of him by law
and by regulation of the board;
(2) To furnish information to all veterans of all wars in
which the United States has engaged as to their rights and
benefits under federal legislation, state legislation, or local ordi-
nances;
(3) To assist all veterans, their dependents, and beneficia-
ries in the preparation and prosecution of claims before appropri-
ate federal governmental departments;
(4) To report any evidence of incompetency, dishonesty, or
neglect of duty on the part of any employee of a governmental
agency dealing with veterans affairs to the proper authority; and
(5) Generally to do and perform all things for the promotion
of, in the interest of, and for the protection of the veterans of this
state as to their rights under all federal and state laws.
GEORGIA LAWS 1983 SESSION
1405
Section 7. Said Code is further amended by striking in its
entirety Code Section 38-4-8, relating to duties of the director of
veterans service, and inserting in lieu thereof a new Code Section 38-
4-8 to read as follows:
38-4-8. The commissioner of veterans service shall, in addition
to the duties provided in this chapter:
(1) Acquaint himself, his assistants, and employees with the
laws, federal, state, and local, enacted for the benefit of members
of the armed forces, veterans, their families and dependents, and
make studies of and collect data and information as to the
facilities and services available to them;
(2) Cooperate with information or service agencies and
organizations throughout the state in disseminating and furnish-
ing counsel and assistance of benefit to residents of this state who
are or have been members of the armed forces, their families, and
dependents, which will show the availability of:
(A) Educational training and retraining facilities;
(B) Health, medical, rehabilitation, and housing ser-
vices and facilities;
(C) Employment and reemployment services;
(D) Provisions of federal, state, and local laws affording
financial rights, privileges, and benefits; and
(E) Other matters of similar, related, or appropriate
nature;
(3) Assist veterans, their families, and dependents in the
preparation, presentation, proof, and establishment of such
claims, privileges, rights, and other benefits accruing to them
under federal, state, and local laws; and
(4) Cooperate with all national, state, and local govern-
mental and private agencies securing or offering services or any
benefits to veterans, their families, and dependents.
1406
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. Said Code is further amended by striking in its
entirety Code Section 38-4-9, relating to personnel within the Depart-
ment of Veterans Service, and inserting in lieu thereof a new Code
Section 38-4-9 to read as follows:
38-4-9. The commissioner of veterans service is authorized and
directed to employ competent personnel to assist in the administra-
tion of the Department of Veterans Service. The commissioner shall
give reasonable preference to veterans, their surviving spouses, and
dependents in the matter of employment in the department; pro-
vided, however, that competency and efficiency shall not be sacrificed
because of veteran affiliation, relationship, or service. It shall be the
duty of the commissioner to advise the Governor, the Veterans
Service Board, and the General Assembly as to needed veterans
legislation. As executive officer, the commissioner shall have exclu-
sive authority to employ personnel necessary to carry out the pur-
poses of this article and shall define the duties of employees, assign
their official stations, and fix their compensation subject to the state
merit system.
Section 9. Said Code is further amended by striking in its
entirety Code Section 38-4-10, relating to services of the Department
of Veterans Service, and inserting in lieu thereof a new Code Section
38-4-10 to read as follows:
38-4-10. The commissioner of veterans service shall exercise
broad discretion in extending to veterans the aid and assistance
provided by law and shall extend the services of the Department of
Veterans Service so as to make available to all veterans the aid and
services contemplated by law. In rendering the services required, the
commissioner is authorized and empowered to advance consistently
the interests of veterans of this state and to extend the Department of
Veterans Service to its full limit of appropriations and funds provided
by law.
Section 10. Said Code is further amended by striking in its
entirety Code Section 38-4-11, relating to annual reports furnished by
the director of veterans service, and inserting in lieu thereof a new
Code Section 38-4-11 to read as follows:
38-4-11. The commissioner of veterans service shall furnish to
the Governor, the members of the General Assembly, the Veterans
Service Board, veterans organizations, and the public generally an
GEORGIA LAWS 1983 SESSION
1407
annual report with reference to claims presented on behalf of veterans
of this state, concerning veterans aided under federal, state, or local
legislation, and otherwise to report the activities and accomplish-
ments of the Department of Veterans Service.
Section 11. Said Code is further amended by striking in its
entirety Code Section 38-4-12, relating to records maintained by the
director of veterans service, and inserting in lieu thereof a new Code
Section 38-4-12 to read as follows:
38-4-12. Subject to other laws, the commissioner shall maintain
full, adequate, and complete copies of all records pertaining to claims
of veterans who file claims for veterans benefits through the Depart-
ment of Veterans Service.
Section 12. Said Code is further amended by striking in its
entirety Code Section 38-4-36, relating to the provision of facilities
and personnel to the Department of Veterans Service, and inserting
in lieu thereof a new Code Section 38-4-36 to read as follows:
38-4-36. In executing this part, the Governor may direct any
department, division, board, bureau, commission, or other adminis-
trative agency of the state to provide such facilities, including person-
nel, materials, assistance, information, and data as will enable the
Department of Veterans Service or the commissioner properly to
utilize the same in performance of the duties prescribed by this part.
Section 13. Said Code is further amended by striking in its
entirety Code Section 43-12-1, relating to disabled veterans and blind
persons, and inserting in lieu thereof a new Code Section 43-12-1 to
read as follows:
43-12-1. Subject to the limitations provided in this chapter, the
following classes of persons may peddle, conduct business, or practice
the professions and semiprofessions in any county or municipality in
this state without paying a license for the privilege of so doing,
provided such person receives a certificate of exemption issued by the
commissioner of veterans service:
(1) Any disabled veteran of any war or armed conflict in
which any branch of the armed forces of the United States
engaged, whether under United States command or otherwise;
1408
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Any blind person; or
(3) Any veteran of peace-time service in the United States
armed forces who has a physical disability incurred during the
period of such service.
Section 14. Said Code is further amended by striking in its
entirety Code Section 43-12-3, relating to peddling by disabled veter-
ans, and inserting in lieu thereof a new Code Section 43-12-3 to read
as follows:
43-12-3. All persons within the groups enumerated in Code
Section 43-12-1 seeking a certificate of exemption from the payment
of a license for peddling, conducting a business, or practicing a
profession or semiprofession must first make application to the judge
of the probate court of the county in which he resides for a certificate
of eligibility. Each applicant shall make an affidavit before the judge
of the probate court that he is not subject to payment of any income
taxes to this state. Upon receipt of the evidence required in Code
Section 43-12-2 and the execution of the affidavit required by this
Code section, the judge of the probate court shall issue a certificate of
eligibility stating that the applicant has furnished the proof required
for the issuance of a certificate of exemption required by the commis-
sioner of veterans service.
Section 15. Said Code is further amended by striking in its
entirety Code Section 43-12-4, relating to peddling by disabled veter-
ans, and inserting in lieu thereof a new Code Section 43-12-4 to read
as follows:
43-12-4. All persons eligible for a certificate of exemption to be
issued by the commissioner of veterans service shall state in their
application filed with the commissioner of veterans service the kind of
business to be operated and the place where such business is proposed
to be carried on; and only the business described in the application
shall be exempt from the payment of state, county, and municipal
business or occupation license taxes. No person shall operate in his
own name any other business than that described in his application
filed with the commissioner of veterans service.
Section 16. Said Code is further amended by striking in its
entirety Code Section 43-12-5, relating to peddling by disabled veter-
ans, and inserting in lieu thereof a new Code Section 43-12-5 to read
as follows:
GEORGIA LAWS 1983 SESSION
1409
43-12-5. The certificates of eligibility issued by any of the
judges of the probate courts of this state shall be prima-facie evidence
of the right of the holder thereof to a certificate of exemption to be
issued by the commissioner of veterans service. However, the commis-
sioner of veterans service may require additional proof when he has
reason to believe that any applicant is not entitled to the exemptions
provided for in this chapter. The commissioner of veterans service
shall make and prescribe reasonable rules and regulations not incon-
sistent with this chapter governing the issuance of certificates of
exemption.
Section 17. Said Code is further amended by striking in its
entirety Code Section 43-12-6, relating to peddling by disabled veter-
ans, and inserting in lieu thereof a new Code Section 43-12-6 to read
as follows:
43-12-6. The commissioner of veterans service may cancel or
suspend certificates of exemption at any time when it shall appear
that the holder has become physically or financially ineligible to claim
the exemption, that the certificate of exemption was procured
through fraud or mistake, or that the person to whom such certificate
was issued has permitted another to enjoy the benefits of such
exemption. Any suspension or cancellation of the certificate of
exemption may be made only after affording the person concerned an
opportunity to be heard either by counsel or pro se. Service of ten
days written notice of the time and place the commissioner of
veterans service expects to hear and determine the question of such
suspension or cancellation shall be deemed sufficient notice when
delivered by registered or certified mail or by any sheriff, deputy
sheriff, marshal, constable, or police officer of any county or munici-
pality of this state; and evidence of such service shall be deemed
sufficient on proof of the receipt by the person concerned of the
registered or certified item in which notice has been mailed or the
return of service of any other officer.
Section 18. Said Code is further amended by striking in its
entirety Code Section 43-12-7, relating to duties of the director of
veterans service with respect to peddling by disabled veterans, and
inserting in lieu thereof a new Code Section 43-12-7 to read as follows:
43-12-7. The commissioner of veterans service, upon request of
the mayor or other executive officer of any municipality of this state,
shall furnish such municipality with information as to the payment of
income taxes by applicants for exemption under this chapter.
1410
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 19. Said Code is further amended by striking in its
entirety Code Section 43-12-9, relating to peddling by disabled veter-
ans, and inserting in lieu thereof a new Code Section 43-12-9 to read
as follows:
43-12-9. No person receiving a certificate of exemption from
the commissioner of veterans service shall allow the use of his name or
the use of his certificate by any other person for carrying on any
business or profession in this state for the purpose of avoiding any tax
levied by the state or any county or municipality in this state. Any
person allowing his certificate of exemption to be used in violation of
this Code section shall be subject to having his certificate canceled by
the commissioner of veterans service. Any person attempting to
operate any business or profession under a certificate of exemption
issued under this chapter who is not the true and lawful holder of such
certificate shall be guilty of a misdemeanor.
Section 20. Said Code is further amended by striking from
subsection (a) of Code Section 45-7-4, relating to salaries and fees of
certain state officials, the following:
(15) Director of veterans service................. 38,400.00
The salary for the director of veterans service
shall include any compensation
received from the United States
government and the amount of
state funds paid shall be reduced
by the amount received from the
United States government.,
and inserting in lieu thereof the following:
(15) Commissioner of veterans service............. 38,400.00
The salary of the commissioner of veterans
service shall include any compen-
sation received from the United
States government and the amount
of state funds paid shall be reduced
by the amount received from the
United States government.
GEORGIA LAWS 1983 SESSION
1411
Section 21. This Act shall become effective July 1,1983.
Section 22. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1983.
REAL ESTATE BROKERS AND SALES PERSONS
LICENSE FEES RENEWAL OF LICENSES, ETC.
Code Title 43, Chapter 40 Amended.
No. 528 (House Bill No. 71).
AN ACT
To amend Chapter 40 of Title 43 of the Official Code of Georgia
Annotated, relating to real estate brokers and salespersons, so as to
change certain provisions relating to real-estate license fees and
renewal of real estate licenses; to change certain provisions relating to
suspension and revocation of such licenses; to change certain provi-
sions relative to trust accounts; to change certain requirements for
maintaining actions; to change certain provisions relating to the
imposition of sanctions by the Georgia Real Estate Commission for
violations; to change the provisions relating to violations by real-
estate licensees, schools, and instructors; to change certain provisions
relating to investigations by the Georgia Real Estate Commission; to
provide for reactivation of certain salespersons licenses which have
lapsed; to provide effective dates; to provide for automatic repeal of
certain provisions of this Act; to provide for matters relative to the
foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia
Annotated, relating to real estate brokers and salespersons, is
1412
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended by striking subsections (f) and (i) of Code Section 43-40-12,
relating to real-estate license fees, and inserting in their respective
places new subsections (f) and (i) to read as follows:
(f) Any licensee 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. Any licensee who has
passed an examination administered by or approved by the commis-
sion, and who has allowed his active license to lapse for a period longer
than two years due solely to a failure to pay a renewal fee may
reinstate that license 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 and by successfully
completing any resident educational course or courses which the
commission may require. Any licensee whose license has lapsed for
longer than two years and who reactivates it under the terms of this
paragraph shall thereafter be subject to the continuing education
requirements of subsection (d) of Code Section 43-40-8.
(i) Any check which is presented to the commission as payment
for any fee which the commission is permitted to charge under this
chapter and which is returned unpaid may be cause for denial of
license or for imposing any sanction permitted under Code Section
43-40-25.
Section 2. Said chapter is further amended by striking subsec-
tion (e) of Code Section 43-40-15, relating to granting or revoking
real-estate licenses, in its entirety and inserting in lieu thereof a new
subsection (e) to read as follows:
(e) The conduct provided for in subsections (a), (b), and (c) of
this Code section which relates to the denial of a real estate license to
an applicant shall also be grounds for suspension or revocation of a
license under this chapter when the conduct is that of a licensed real
estate agent under this chapter.,
and by adding at the end of Code Section 43-40-15 a new subsection,
to be designated subsection (f), to read as follows:
(f) If a licensee:
GEORGIA LAWS 1983 SESSION
1413
(1) Voluntarily surrenders his license to the commission;
(2) Allows his license to lapse due to failure to meet educa-
tional requirements provided by law; or
(3) Allows his license to lapse due to failure to pay any
required fees
after the commission has filed a notice of hearing alleging that
such licensee has violated any provision of this chapter but before the
commission enters a final order in the matter, then upon submission
of a new application by such licensee the matters asserted in the
notice of hearing shall be deemed admitted and may be used by the
commission as grounds for refusal of a new license to such licensee.
Section 3. Said chapter is further amended by adding at the
end of Code Section 43-40-20, relating to requirements of trust or
escrow checking accounts for real estate business, a new subsection, to
be designated subsection (h), to read as follows:
(h) The commission, in its discretion, may allow a nonresident
broker to maintain the trust account required in subsection (a) of this
Code section in a bank of such nonresident brokers state of residence,
provided that the commission is authorized to examine the account at
such time or times as the commission may elect and that the licensee
meets the requirements of any rules which the commission may
establish regarding the maintenance of such accounts.
Section 4. Said chapter is further amended by striking Code
Section 43-40-24, relating to the requirements for maintaining certain
actions, and inserting in lieu thereof a new Code Section 43-40-24 to
read as follows:
43-40-24. (a) No person 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 he was a licensed broker at the time the
alleged cause of action arose.
(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.
1414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No broker shall bring or maintain any action against another
broker nor shall any associate broker or salesperson bring or maintain
any action against the broker holding his or her license for the
collection of compensation under this chapter without alleging and
proving that he or she was a licensee at the time the alleged cause of
action arose.
(d) The commission by and through its commissioner may
bring an action for any violation of this chapter.
Section 5. Said chapter is further amended by striking Code
Section 43-40-25, relating to violations by real estate licensees,
schools, or instructors, in its entirety and inserting in lieu thereof a
new Code Section 43-40-25 to read as follows:
43-40-25. (a) After holding a hearing in accordance with
Chapter 13 of Title 50, the Georgia Administrative Procedure Act,
the commission shall have the power to censure licensees and
approved schools or instructors; to revoke or suspend any license
issued under this chapter; to revoke or suspend approval of any school
or instructor; to require completion of a course of study in real estate
brokerage or instruction; to require the filing of periodic reports by an
independent accountant on a real estate brokers designated trust
account; or to utilize any combination of these sanctions which the
commission may deem appropriate, whenever a license, school, or
instructor approval has been obtained by false or fraudulent repre-
sentation or whenever a licensee, approved school, or instructor has
been found guilty of a violation of this chapter, or of the rules and
regulations promulgated by the commission, or of any unfair trade
practices, including, but not limited to, the following:
(1) Refusing, because of race, color, national origin, or
ethnic group, to show, sell, or rent any real estate for sale or rent to
prospective purchasers or renters;
(2) Intentionally advertising material which is misleading
or inaccurate or which in any way misrepresents any property,
terms, values, policies, or services of the business conducted;
(3) Failing to account for and remitting any money coming
into his possession which belongs to others;
GEORGIA LAWS 1983 SESSION
1415
(4) Commingling the money or other property of his princi-
pals with his own;
(5) Failing to maintain and deposit in a separate, noninter-
est-bearing checking account all money received by said broker
acting in said capacity, or as escrow agent or the temporary
custodian of the funds of others, in a real estate transaction unless
all parties having an interest in said funds have agreed otherwise
in writing;
(6) Accepting, giving, or charging any undisclosed commis-
sion, rebate, direct profit, or expenditures made for a principal;
(7) Representing or attempting to represent a real estate
broker, other than the broker holding his license, without the
express knowledge and consent of the broker holding his license;
(8) Accepting a commission or other valuable consideration
by an associate broker or salesman from anyone other than the
broker holding his license without the consent of the broker
holding his license;
(9) Acting in the dual capacity of agent and undisclosed
principal in any transaction;
(10) Guaranteeing or authorizing any person to guarantee
future profits which may result from the resale of real property;
(11) Placing a sign on any property offering it for sale or rent
without the written consent of the owner or his authorized agent
and failing to remove such sign within ten days after the expira-
tion of listing;
(12) Offering real estate for sale or lease without the knowl-
edge and consent of the owner or his authorized agent or on terms
other than those authorized by the owner or his authorized agent;
(13) Inducing any party to a contract of sale or lease to break
such contract for the purpose of substituting in lieu thereof a new
contract with another principal;
(14) Negotiating a sale, exchange, or lease of real estate
directly with an owner or lessor if he knows that such owner has a
1416
GENERAL ACTS AND RESOLUTIONS, VOL. I
written outstanding contract in connection with such property
granting an exclusive agency or an exclusive right to sell to another
broker;
(15) Accepting employment or compensation for appraising
real estate, contingent upon the reporting of a predetermined
value or issuing an appraisal report on real estate in which he has
an undisclosed interest;
(16) Soliciting, selling, or offering real estate for sale by
offering free lots or conducting lotteries for the purpose of influ-
encing a purchaser or prospective purchaser of real estate;
(17) Paying a commission or compensation to any person for
performing the services of a real estate broker, associate broker, or
real estate salesman who has not first secured his license under
this chapter or is not cooperating as a nonresident who is licensed
in his state of residence, provided that nothing contained in this
subsection or any other provision of this Code section shall be
construed so as to prohibit the payment of earned commissions to
the estate or heirs of a deceased real estate broker, associate
broker, or real estate salesperson when such deceased real estate
broker, associate broker, or real estate salesperson had a valid
Georgia real estate license in effect at the time the commission was
earned and at the time of such persons death;
(18) Failing to include a fixed date of expiration in any
written listing agreement and failing to leave a copy of said
agreement with the principal;
(19) Failing to deliver, within a reasonable time, a completed
copy of any purchase agreement or offer to buy or sell real estate to
the purchaser and to the seller;
(20) Failure by a broker to deliver to the seller in every real
estate transaction, at the time said transaction is consummated, a
complete, detailed closing statement showing all of the receipts
and disbursements handled by such broker for the seller, or failure
to deliver to the buyer a complete statement showing all money
received in said transaction from such buyer and how and for what
the same was disbursed; the broker shall retain true copies of such
statements in his files;
GEORGIA LAWS 1983 SESSION
1417
(21) Making any substantial misrepresentations;
(22) Acting for more than one party in a transaction without
the knowledge of all parties for whom he acts;
(23) Failure of an associate broker or salesman to place, as
soon after receipt as is practicably possible, in the custody of the
broker holding his license any deposit money or other money for
funds entrusted to him by any person dealing with him as the
representative of his licensed broker;
(24) Filing a listing contract or any document or instrument
purporting to create a lien based on a listing contract for the
purpose of casting a cloud upon the title to real estate when no
valid claim under said listing contract exists;
(25) Having demonstrated unworthiness or incompetency to
act as a real estate broker or salesman in such manner as to
safeguard the interest of the public or any other conduct whether
of the same or a different character than heretofore specified
which constitutes dishonest dealing;
(26) Obtaining an exclusive listing or sales contract from any
owner, knowing or having reason to believe that another broker
has an exclusive listing on the property, unless he has written
permission from the broker having the first exclusive listing;
(27) Failing to keep for a period of three years a true and
correct copy of all sales contracts, closing statements, and other
documents relating to real estate closings or failing to produce
documents at the reasonable request of the commission or any of
its agents for their inspection;
(28) Being or becoming a party to any falsification of any
portion of any contract or other document involved in any real
estate transaction;
(29) Conducting the closing of any real estate transaction by
any licensee except a broker unless the licensee acts under the
supervision of the broker under whom such licensee is licensed or
under the supervision of a practicing attorney with the knowledge
and consent of the broker;
1418
GENERAL ACTS AND RESOLUTIONS, VOL. I
(30) Failure of a licensee who prepares any written offer to
buy, sell, lease, rent, or exchange real property to include in any
such written offer or accepted written offer a description of the
property involved or a method of payment; or
(31) Failure of a licensee who secures a signature denoting
acceptance of any written offer to buy, sell, lease, rent, or exchange
real property to cause the signer to include the date of acceptance
of said offer.
(b) When a licensee has previously been sanctioned by the
commission or by any other states real estate brokerage licensing
authority, the commission, through its hearing officers, may consider
any such prior sanctions in determining the severity of a new sanction
which may be imposed upon a finding that the licensee has commit-
ted an unfair trade practice, that the licensee has violated any
provision of this chapter, or that the licensee has violated any of the
rules and regulations of the commission. The failure of a licensee to
comply with or to obey a final order of the commission may be cause
for suspension or revocation of the individuals license after a hear-
ing.
Section 6. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 43-40-27, relating to invest-
igations by the Georgia Real Estate Commission, and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) The commission may, upon its own motion, and shall, upon
the sworn written request of any person, investigate the actions of any
applicant for licensure, real estate broker, associate broker, sales-
person, or real estate courses and instructors approved by the com-
mission. Except for investigations of applicants for licensure, invest-
igations of allegations of fraudulent conduct or of mishandling of
funds held in a fiduciary capacity, or investigations of possible
violations of this chapter which have been litigated in the courts or
arise from litigation in the courts, the commission shall not initiate an
investigation on its own motion or investigate a licensees activity as
the result of a sworn written request for investigation unless the act or
acts which may constitute a violation of this chapter occurred within
three years of the initiation of the investigation.
Section 7. Said chapter is further amended by adding following
Code Section 43-40-30.1, relating to employer-employee and broker-
GEORGIA LAWS 1983 SESSION
1419
independent contractor relationships, a new Code section, to be
designated Code Section 43-40-30.2, to read as follows:
43-40-30.2. Notwithstanding the provisions of subsection (f) of
Code Section 43-40-12, any real estate salesperson whose license has
lapsed for a period not to exceed six years due solely to the failure to
pay renewal fees may reactivate that license by the payment of the
total amount of all renewal fees and late charges which would have
been due during the period when the license was lapsed, by the
payment of a reactivation fee, and by meeting all continuing educa-
tion requirements provided by this chapter or by rule of the board;
provided, however, any real estate salesperson reactivating his license
pursuant to this Code section must do so not later than May 15,
1983.
Section 8. (a) Except as provided in subsection (b) of this
section, this Act shall become effective July 1,1983.
(b) Section 7 of this Act shall become effective May 1,1983.
(c) Section 7 of this Act shall be repealed effective May 16,1983.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
STATE COURTS JURISDICTION B
QUALIFICATIONS AND COMPENSATION OF
JUDGES, ETC. UNIFORMITY.
Code Title 15, Chapter 7 Amended.
No. 529 (House Bill No. 145).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated,
relating to courts, so as to provide for uniformity among the state
1420
GENERAL ACTS AND RESOLUTIONS, VOL. I
courts with regard to certain aspects of such courts; to provide for
legislative intent; to provide a definition; to provide for the creation of
state courts; to provide for applicability; to provide for jurisdiction; to
provide for the compensation, qualifications, and elections of judges
and solicitors of state courts; to provide that state court judges shall
be subject to discipline, removal, and involuntary retirement by the
Judicial Qualifications Commission; to provide for filling vacancies;
to provide for certain powers and duties of state court judges, retired
state court judges, and judges emeritus of state courts; to provide for
sessions of court; to provide for the rules of practice and procedure to
be followed in state courts; to provide for certain powers of state
courts; to provide for juries; to provide that an accused in criminal
proceedings in state courts shall not have the right to indictment; to
provide for certain aspects of the administrative operation of state
courts; to provide for a bond for clerks of state courts; to provide for
the continued applicability of certain provisions of local laws; to
provide that state courts shall not be subject to Chapter 8 of Title 15;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. It is the intent of this Act to implement certain
changes required by Article VI of the Constitution of the State of
Georgia.
Section 2. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended by striking Chapter 7, relating to state
courts of counties, in its entirety and substituting in lieu thereof a new
Chapter 7 to read as follows:
CHAPTER 7
ARTICLE 1
15-7-1. As used in this chapter, the term state court shall mean
any court created pursuant to the provisions of this chapter or any
court continued as a state court by Section X of Article VI of the
Constitution of the State of Georgia.
GEORGIA LAWS 1983 SESSION
1421
15-7-2. The General Assembly may by local law create a state
court in any county or counties of this state in which there is no state
court, and such court shall be the State Court of (whatever county or
counties in which the court is located).
15-7-3. This chapter shall apply to and govern all state courts;
and, unless otherwise provided in this chapter, in all cases in which
there is a conflict between this chapter and the local law creating the
state court, this chapter shall take priority and shall be controlling.
15-7-4. Each state court shall have jurisdiction, within the terri-
torial limits of the county or counties for which it was created and
concurrent with the superior courts, over the following matters:
(1) The trial of criminal cases below the grade of felony;
(2) The trial of civil actions without regard to the amount in
controversy, except those actions in which exclusive jurisdiction is
vested in the superior courts;
(3) The hearing of applications for and the issuance of
arrest and search warrants;
(4) The holding of courts of inquiry;
(5) The punishment of contempts by fine not exceeding
$500.00 or by imprisonment not exceeding 20 days, or both; and
(6) Review of decisions of other courts as may be provided
by law.
ARTICLE 2
15-7-20. (a) The General Assembly shall by local law establish
the number of judges for each state court and shall establish whether
the judge or judges shall be full-time judges or part-time judges.
(b) Judges of the state court shall be elected by the qualified
electors of the county or counties in which the court is located, shall
be elected on a nonpartisan basis as provided by law, and shall serve
for a term of four years.
1422
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Elections shall be held at the general election in the year in
which the incumbents term expires, and judges so elected shall take
office on the first day of January following such election. The judges
of the state courts shall be commissioned by the Governor and, before
entering office, shall take the same oaths which judges of the superior
courts must take.
15-7-21. (a) Each judge of the state court shall have been a
resident of the geographic area in which he is selected to serve for
three years next preceding the beginning of his term of office, shall as
of such date be at least 25 years of age, and shall have been admitted
to practice law for five years.
(b) A full-time judge of the state court may not engage in the
private practice of law. A part-time judge of the state court may
engage in the private practice of law in other courts but may not
practice in his own court or appear in any matter as to which that
judge has exercised any jurisdiction.
(c) Judges of the state courts shall be subject to discipline,
removal, and involuntary retirement pursuant to Article VI of Section
VII in paragraphs VI and VII of the Constitution of the State of
Georgia.
15-7-22. Judges of the state courts shall be compensated from
county funds as provided by local law. The county governing author-
ity is authorized to supplement the compensation thus fixed to be
paid to the judges of the state court of that county.
15-7-23. In the event of a vacancy in the office of judge of the
state court for any reason except the expiration of the term of office,
the Governor shall appoint a qualified person who shall serve as
provided in Paragraphs III and IV of Section VII of Article VI of the
Constitution.
15-7-24. (a) Unless otherwise provided by local law, there shall
be a solicitor of each state court who shall be elected for a four-year
term. The solicitors of the state courts shall be commissioned by the
Governor and, before entering office, shall take the same oath which
district attorneys of superior courts must take. Local law may
provide for the number, selection, and salaries of assistant solicitors.
An assistant district attorney may also serve as solicitor if local
legislation so provides.
GEORGIA LAWS 1983 SESSION
1423
(b) Each solicitor of the state court shall have been a resident of
the geographic area in which he is selected to serve for one year next
preceding the beginning of his term of office, shall as of such date be
at least 25 years of age, and shall have been admitted to practice law
for three years.
(c) The General Assembly, by local law, shall determine whether
the solicitor shall be a full-time or part-time solicitor. A full-time
solicitor of the state court or any of his full-time employees may not
engage in the private practice of law. A part-time solicitor of the state
court may engage in the private practice of law but may not practice
in his own court, or appear in any matter as to which that solicitor has
exercised jurisdiction.
(d) Solicitors of state courts shall be compensated from county
funds as provided by local law. The county governing authority is
authorized to supplement the compensation thus fixed to be paid to
the solicitor of the state court of that county.
(e) In the event of a vacancy in the office of solicitor of the state
court for any reason except the expiration of the term of office, the
Governor shall appoint a qualified person who shall serve as provided
in Paragraphs III and IV of Section VII of Article VI of the Constitu-
tion.
15-7-25. (a) Except as otherwise provided in the Constitution
of this state, a retired judge or judge emeritus of a state court shall be
authorized to serve as judge of a state court upon the call of the judge
of such court. When serving in such capacity, the retired judge or
judge emeritus of the state court shall exercise the same jurisdiction,
power, and authority as the regular judge of the court, as provided by
general or local law.
(b) 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.
(c) Except as otherwise provided in the Constitution of this
state, a judge of a state court shall be authorized to serve as judge of
any other state court, but only upon the call of the judge of such other
state court. When serving in a state court other than his own, the
judge shall exercise the same jurisdiction, power, and authority as the
regular judge of the court, as provided by general or local law.
1424
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 3
15-7-40. The courts governed by this chapter shall be deemed
always open for the disposition of matters properly cognizable by
them; however, all trials on the merits shall be conducted at trial
terms regularly prescribed by local laws, as now or hereafter
amended, creating the individual courts.
15-7-41. The state courts shall be courts of record and shall have
a seal; and the minutes, records, and other books and files that are
required by law to be kept for the superior courts shall, in the same
manner, so far as the jurisdiction of state courts may render neces-
sary, be kept in and for such courts.
15-7-42. All trials on the merits shall be conducted in open court
and, so far as convenient, in a regular courtroom. All other proceed-
ings, hearings, and acts may be done or conducted by a judge in
chambers and in the absence of the clerk or other court officials. The
judge of the court may hear motions and enter interlocutory orders in
all cases pending in the court over which he presides, in open court or
in chambers.
15-7-43. (a) The general laws and rules of appellate practice
and procedure which are applicable to cases appealed from the
superior courts of this state shall be applicable to and govern appeals
from the state courts.
(b) The general laws and rules of practice, pleading, procedure,
and evidence which are applicable to the superior courts of this state
shall be applicable to and govern in the state courts.
(c) The general laws and rules applicable to the execution and
enforcement of judgments in the superior courts of this state shall be
applicable to and govern in the state courts.
15-7-44. (a) Procedure in attachment cases shall be subject to
Chapter 3 of Title 18.
(b) Procedure in garnishment cases shall be subject to Chapter 4
of Title 18.
15-7-45. All laws with reference to the number, composition,
qualifications, impaneling, challenging, and compensation of jurors in
GEORGIA LAWS 1983 SESSION
1425
superior courts shall apply to and be observed by state courts, except
where in conflict with the terms of the Act creating such courts.
15-7-46. The accused in criminal proceedings in a state court
shall not have the right to indictment by the grand jury of the county.
15-7-47. (a) Court reporting personnel shall be made available
for the reporting of civil and criminal trials in state courts, subject to
the laws governing same in the superior courts of this state.
(b) Reporting of any trial may be waived by consent of the
parties.
(c) Appointment of a reporter or reporters for court proceedings
in each court shall be made by the judge thereof; the compensation
and allowances of reporters for the courts shall be paid by the county
governing authority and shall be the same as that for reporters of the
superior courts of this state.
15-7-48. Any person who serves as a clerk of any state court, as a
qualification of holding his office, shall execute bond in the sum of
$25,000.00 for the faithful performance of his duties as clerk, which
amount may be increased by local Act. However, any clerk of a
superior court who is also serving as clerk of a state court shall not be
required to post a bond under this Code section; the bond given by the
clerk of the superior court for the faithful performance of his duties
shall also be conditioned on his faithful performance of his duties as
clerk of the state court.
ARTICLE 4
15-7-60. This chapter is not intended to repeal any local law
creating a state court; and, to the extent any such local law does not
conflict with the provisions of this chapter, such local law shall remain
in full force and effect.
15-7-61. Courts which come under this chapter shall not be
subject to Chapter 8 of this title.
Section 3. This Act shall become effective on July 1,1983.
1426
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1983.
HOSPITALS AND OTHER HEALTH CARE
FACILITIES AUTHORIZED TO GRANT STAFF
MEMBERSHIP TO PSYCHOLOGISTS.
Code Title 31, Chapter 7, Article 8 Enacted.
No. 530 (House Bill No. 507).
AN ACT
To amend Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, relating to the regulation of hospitals and health care
facilities, so as to authorize medical facilities or institutions to grant
staff membership and clinical privileges to certain licensed psycholo-
gists; to provide for the limitation, restriction, or revocation of such
membership and privileges; to provide for criteria of training and
experience; to provide for definitions relative to the foregoing; to
provide for other matters relative to the foregoing; to provide for
certain exemptions; to provide for legislative intent; to repeal con-
flicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly finds and declares that treat-
ment of psychological problems of persons residing within the com-
munity would in some cases be advanced by temporary hospitaliza-
tion. The interests of the people of this state demand that all
appropriate resources, including inpatient facilities, be available to
assist in the diagnosis, prevention, treatment, and amelioration of
psychological problems and emotional and mental disorders. The
General Assembly recognizes that psychology is an independent
GEORGIA LAWS 1983 SESSION
1427
health profession as set forth and prescribed by the State Board of
Examiners of Psychologists and Chapter 39 of Title 43 of the Official
Code of Georgia Annotated. It is therefore the intent of the General
Assembly, in enacting this Act, to authorize medical facilities and
institutions, on local determination, to make psychological services
available in an inpatient setting.
Section 2. Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, relating to the regulation of hospitals and health care
facilities, is amended by adding a new article immediately after
Article 7, to be designated as Article 8, to read as follows:
ARTICLE 8
31-7-160. As used in this article, the term health service pro-
vider psychologist means a licensed psychologist who meets the
criteria of training and experience as provided in Code Section 31-7-
162 in the delivery of direct, preventive assessment and therapeutic
intervention services to individuals whose growth, adjustment, or
functioning is actually impaired or is demonstrably at a high risk of
impairment.
31-7-161. A medical facility or institution may provide for the
appointment of health service provider psychologists on such terms
and conditions as the medical facility or institution shall establish.
Psychologists shall be eligible to hold membership and serve on
committees of the medical or professional staff and may possess
clinical privileges and carry professional responsibilities consistent
with the scope of their licensure and their competence, subject to the
reasonable rules of the medical facility or institution.
31-7-162. A health service provider psychologist shall meet the
following criteria of training and experience:
(1) The psychologist must be currently licensed by the State
Board of Examiners of Psychologists;
(2) The psychologist must be eligible to be listed in the
National Register of Health Service Providers of Psychology or
have completed not less than two years, with 1,500 hours each
year, of supervised experience in health service of which at least
one year is post doctoral and one year, which may be the post
doctoral year, is in an organized health service training program;
1428
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) A substantial portion of the supervised experience must
be in an inpatient setting; and
(4) Two supportive letters of recommendation from health
service providers in psychology who are familiar with the appli-
cants work must be submitted to the medical facility or institu-
tion.
31-7-163. Nothing in this article shall prohibit a psychologist
currently a member of a hospital staff or an employee of a hospital
from continuing to work in that capacity.
31-7-164. Notwithstanding any other provision of this article,
the exercise of privileges in any medical facility or institution may be
limited, restricted, or revoked for reasons including, but not limited
to, the violation of such medical facilitys or institutions rules,
regulations, or procedures which are applied, in good faith, in a
nondiscriminatory manner to all practitioners in such medical facility
or institution exercising such privileges or entitled to exercise such
privileges.
31-7-165. When any health service provider psychologist is
denied staff privileges or is removed from the medical or professional
staff, such action shall be reported by the facility to the State Board
of Examiners of Psychologists.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 31,1983.
GEORGIA LAWS 1983 SESSION
1429
MILITARY RECRUITERS ACCESS TO STUDENT
DIRECTORY INFORMATION IN PUBLIC
SECONDARY SCHOOLS.
Code Section 20-2-151.1 Enacted.
No. 531 (House Bill No. 56).
AN ACT
To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to instructional services in
public schools, so as to provide military recruiters with access to the
campus and to student directory information in public secondary
schools under certain conditions; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the
Official Code of Georgia Annotated, relating to instructional services
in public schools, is amended by adding following Code Section 20-2-
151 a new Code Section 20-2-151.1 to read as follows:
20-2-151.1. Any public school at the secondary level which
provides access to the campus or to student directory information to
persons or groups which make students aware of occupational or
educational options shall provide access to the campus and student
directory information on at least the same basis to official recruiting
representatives of the military forces of the state and the United
States for the purpose of informing students of educational and
career opportunities available in the military.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 31,1983.
1430
GENERAL ACTS AND RESOLUTIONS, VOL. I
RETAIL INSTALLMENT CONTRACTS FEES
CHARGED FOR DISHONORED CHECKS OR DRAFTS.
Code Section 10-1-7 Amended.
No. 532 (House Bill No. 645).
AN ACT
To amend Article 1 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to retail installment and home solicita-
tion sales, so as to provide that a retail installment contract may
provide for a fee to be charged to a buyer who submits a check, draft,
or order for the payment of money which is dishonored by the drawee;
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. Article 1 of Chapter 1 of Title 10 of the Official Code
of Georgia Annotated, relating to retail installment and home solici-
tation sales, is amended by striking Code Section 10-1-7, relating to
delinquency charges, and inserting in its place a new Code section to
read as follows:
10-1-7. (a) A retail installment contract may provide for pay-
ment by the buyer of a delinquency charge on any installment which
is not paid within ten days from the date the payment is due. Such
charge may not exceed 5 percent of the installment or $5.00, which-
ever is less. A delinquent charge shall not be collected more than once
for the same default. A retail installment contract or a revolving
account may provide for the payment of reasonable attorneys fees, if
referred for collection to an attorney not a salaried employee of the
retail seller, and for the payment of court costs.
(b) A retail installment contract or a revolving account may
provide that if the buyer submits to the retail seller as payment for an
unpaid balance, or portion thereof, in that account or pursuant to
that contract, a check, draft, or order for the payment of money on
any bank or other depository, which check, draft, or order is not
honored by the drawee, then a fee not to exceed $12.00 may be
charged to the buyer and will be added to the unpaid balance on the
GEORGIA LAWS 1983 SESSION
1431
buyers account if ten days have elapsed since the retail seller has
mailed to the buyer at his last known address written notice of the
failure to honor the check, draft, or order without the check, draft, or
order having been made good. If a fee is charged under this subsec-
tion, then no delinquency charge shall be made as to the first
installment which is in default but would not have been in default if
the check, draft, or order had not been dishonored. A fee authorized
by this Code section shall not be deemed to be time price differential,
interest, or any other type of finance charge and shall not be included
in determining whether any limitations on time price differential,
interest, or other finance charges have been exceeded.
Section 2. This Act shall become effective upon its approval by
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 March 31,1983.
LICENSES TO CARRY FIREARMS PERIOD OF
VALIDITY, ETC.
Code Section 16-11-129 Amended.
No. 533 (House Bill No. 385).
AN ACT
To amend Code Section 16-11-129 of the Official Code of Georgia
Annotated, relating to licenses to carry certain firearms, so as to
change the period for which such licenses are valid; to provide that
the judge of the probate court may require an applicant for such li-
cense to sign a waiver authorizing certain hospitals to verify hospitali-
zation of the applicant; to provide that the fingerprints of initial ap-
plicants shall be forwarded to the Federal Bureau of Investigation for
the purpose of verifying eligibility; to provide for payment of certain
1432
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 16-11-129 of the Official Code of
Georgia Annotated, relating to licenses to carry certain firearms, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 16-11-129 to read as follows:
16-11-129. (a) The judge of the probate court of each county
may, on application under oath and on payment of a fee of $15.00,
issue a license valid for a period of five years to residents of that
county authorizing them to carry any pistol or revolver. Applicants
shall submit the application for a license to the judge of the probate
court on forms prescribed and furnished free of charge to persons
wishing to apply for the license. Forms shall be designed to elicit
information from the applicant pertinent to his eligibility under this
Code section but shall not require nonpertinent or irrelevant data
such as serial numbers or other identification capable of being used as
a de facto registration of firearms owned by the applicant. The
Department of Public Safety shall furnish application forms and
license forms required by this Code section. The forms shall be
furnished to each judge of each probate court within the state at no
cost.
(b) No license shall be granted to:
(1) Any person under 21 years of age;
(2) Any person who is a fugitive from justice or against
whom proceedings are pending for any felony, forcible misde-
meanor, or violation of Code Section 16-11-126, 16-11-127, or 16-
11-128 until such time as the proceedings are adjudicated;
(3) Any person who has been convicted of a forcible felony
and has not been free of all restraint or supervision in connection
therewith for at least ten years or any person who has been
convicted of a forcible misdemeanor or a nonforcible felony and
has not been free of all restraint or supervision in connection
therewith for at least five years or any person who has been
convicted of a violation of Code Section 16-11-126,16-11-127, or
16-11-128 and has not been free of all restraint or supervision in
GEORGIA LAWS 1983 SESSION
1433
connection therewith for at least three years, immediately preced-
ing the date of the application; or
(4) Any individual who has been hospitalized as an inpa-
tient in any mental hospital or alcohol or drug treatment center
within five years of the date of his application. The probate judge
may require any applicant to sign a waiver authorizing any mental
hospital or treatment center to inform the judge whether or not
the applicant has been an inpatient in any such facility in the last
five years and authorizing the superintendent of such facility to
make to the judge a recommendation regarding whether a license
to carry a pistol or revolver should be issued. The judge shall keep
any such hospitalization or treatment information confidential. It
shall be at the discretion of the probate judge, considering the
circumstances surrounding the hospitalization and the recom-
mendation of the superintendent of the hospital or treatment
center where the individual was a patient, to issue the license.
(c) (1) Following completion of the application the judge of the
probate court shall require the applicant to proceed to an appro-
priate law enforcement agency in the county with the completed
application. The appropriate local law enforcement agency in each
county shall then make two sets of classifiable fingerprints of the
applicant for a license to carry a pistol or revolver, place the
fingerprint required by subsection (f) of this Code section on a
blank license form which has been furnished to the law enforce-
ment agency by the judge of the probate court, and place the name
of the applicant on the blank license form. The law enforcement
agency shall be entitled to a fee of $5.00 from the applicant for its
services in connection with the application.
(2) In the case of each applicant who is applying for a license
under this Code section for the first time, the judge of the probate
court shall direct the law enforcement agency to transmit one set
of the applicants fingerprints to the Federal Bureau of Invest-
igation for a search of bureau records and an appropriate report.
In such cases, the applicant shall submit an additional fee of not
more than $12.00, payable in such form as the judge may direct, to
cover the cost of the records search.
(d) Each law enforcement agency, upon receiving such applica-
tions and obtaining such fingerprints, shall promptly conduct a
thorough search of its records and records to which it has access and
1434
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall notify the judge of the probate court within 50 days, by tele-
phone and in writing, of any findings relating to the applicant which
may bear on his eligibility for a license under the terms of this Code
section. When no derogatory information is found on the applicant
bearing on his eligibility to obtain a license, a report shall not be
required. The law enforcement agency shall return the application
and the blank license form with the fingerprint thereon directly to the
judge of the probate court within such time period. Not later than 60
days after the date of the application the judge of the probate court
shall issue the applicant a license to carry any pistol or revolver if no
facts establishing ineligibility have been reported and if the judge
determines the applicant has met all the qualifications, is of good
moral character, and has complied with all the requirements con-
tained herein.
(e) If, at any time during the period for which the license was
issued, the judge of the probate court of the county in which the
license was issued shall learn or have brought to his attention in any
manner any reasonable ground to believe the licensee is not eligible to
retain the license, the judge may, after notice and hearing, revoke the
license of the person upon adjudication of falsification of application,
mental incompetency, chronic alcohol or narcotic usage, conviction of
any felony or forcible misdemeanor, or for violation of Code Section
16-11-126,16-11-127, or 16-11-128. It shall be unlawful for any person
to possess a license which has been revoked, and any person found in
possession of any such revoked license, except in the performance of
his official duties, shall be guilty of a misdemeanor. It shall be
required that any license holder under this Code section have in his
possession his valid license whenever he is carrying a pistol or revolver
under the authority granted by this Code section, and his failure to do
so shall be prima-facie evidence of a violation of Code Section 16-11-
128. Loss of any license issued in accordance with this Code section or
damage to the license in any manner which shall render it illegible
shall be reported to the judge of the probate court of the county in
which it was issued within 48 hours of the time the loss or damage
becomes known to the license holder. The judge of the probate court
shall thereupon issue a replacement for and shall take custody of and
destroy a damaged license; and in any case in which a license has been
lost, he shall issue a cancellation order and notify by telephone and in
writing each of the law enforcement agencies whose records were
checked before issuance of the original license. A fee of $3.00 shall be
charged by the judge for such services.
GEORGIA LAWS 1983 SESSION
1435
(f) Licenses issued as prescribed in this Code section shall be
printed on durable but lightweight card stock, and the completed
card shall be laminated in plastic to improve its wearing qualities and
to inhibit alterations. Measurements shall be 3 1/4 inches long, and
2 1/4 inches wide. Each shall be serially numbered within the county
of issuance and shall bear the full name, actual residence address,
birth date, weight, height, color of eyes, sex, and a clear print of the
right index finger of the licensee. If the right index fingerprint cannot
be secured for any reason, the print of another finger may be used but
shall be marked to identify the finger from which the print is taken.
The license shall show the date of issuance, the expiration date, the
probate court in which issued, and shall be signed by the licensee and
bear the signature or facsimile thereof of the judge. The seal of the
court shall be placed on the face before the license is laminated. The
reverse side of the license shall have imprinted thereon in its entirety
Code Section 16-11-127.
(g) A person who deliberately alters or counterfeits such a
license card commits a felony and, upon conviction thereof, shall be
punished by imprisonment for a period of not less than one nor more
than five years.
(h) Any person who has served as a law enforcement officer for
at least ten of the 12 years immediately preceding the retirement of
such person as a law enforcement officer shall be entitled to be issued
a license as provided for in this Code section without the payment of
any of the fees provided for in this Code section. Such person must
comply with all the other provisions of this Code section relative to
the issuance of such licenses. As used in this subsection, the term law
enforcement officer means any peace officer who is employed by the
State of Georgia or any political subdivision thereof and who is
required by the terms of his employment, whether by election or
appointment, to give his full time to the preservation of public order
or the protection of life and property or the prevention of crime. Such
term shall include sheriffs, deputy sheriffs, and conservation rangers.
(i) (1) Any person who holds a license under this Code section
to carry a pistol or revolver may, at the time he applies for a
renewal of the license, also apply for a temporary renewal license if
less than 90 days remain before expiration of the license he then
holds or if his previous license has expired within the last 30 days.
1436
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Unless the judge of the probate court knows or is made
aware of any fact which would make the applicant ineligible for a
five-year renewal license, the judge shall at the time of application
issue a temporary renewal license to the applicant.
(3) Such a temporary renewal license shall be in the form of
a paper receipt indicating the date on which the court received the
renewal application and shall show the name, address, sex, age,
and race of the applicant and that the temporary renewal license
expires 90 days from the date of issue.
(4) During its period of validity the temporary renewal
permit, if carried on or about the holders person together with the
holders previous license, shall be valid in the same manner and for
the same purposes as a five-year license.
(5) A $1.00 fee shall be charged by the probate court for
issuance of a temporary renewal license.
(6) A temporary renewal license may be revoked in the same
manner as a five-year license.
Section 2. This Act shall become effective upon its approval by
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 March 31,1983.
GEORGIA LAWS 1983 SESSION
1437
EXPLOITATION OF MINORS IN SEXUALLY EXPLICIT
CONDUCT PROHIBITED MINOR DEFINED.
Code Title 16, Chapter 12 Amended.
No. 534 (House Bill No. 429).
AN ACT
To amend Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against public health and morals, so as
to change the definition of minor as it relates to sexual exploitation of
children; to define the term performance as it applies to the sexual
exploitation of children; to make it unlawful for any person knowingly
to employ, use, persuade, induce, entice, or coerce any minor to
engage in or assist any other person to engage in any sexually explicit
conduct for the purpose of any performance; to make it unlawful for
any parent, legal guardian, or person having custody or control of a
minor knowingly to permit the minor to engage in or to assist any
other person to engage in sexually explicit conduct for the purpose of
any performance; to change certain penalty provisions; to prohibit the
sale, loan, or exhibition of certain material to minors; to provide for
legislative intent; to provide for definitions; to provide that it shall be
unlawful to sell, loan, or exhibit certain material to minors; to provide
for penalties; to provide for other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to offenses against public health and morals, is
amended by striking in its entirety Code Section 16-12-100, relating
to the sexual exploitation of children, and inserting in lieu thereof a
new Code Section 16-12-100 to read as follows:
16-12-100. (a) As used in this Code section, the term:
(1) Minor means any person under the age of 18 years.
(2) Performance means any play, dance, or exhibit to be
shown to or viewed by an audience.
1438
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Producing means producing, directing, manufacturing,
issuing, publishing, or advertising.
(4) Sexually explicit conduct means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Sadomasochistic abuse for the purpose of sexual
stimulation; or
(E) Lewd exhibition of the genitals or pubic area of any
person.
(5) Visual or print medium means any film, photograph,
negative, slide, book, magazine, or other visual or print medium.
(b) (1) It is unlawful for any person knowingly to employ, use,
persuade, induce, entice, or coerce any minor to engage in or assist
any other person to engage in any sexually explicit conduct for the
purpose of producing any visual or print medium depicting such
conduct.
(2) It is unlawful for any parent, legal guardian, or person
having custody or control of a minor knowingly to permit the
minor to engage in or to assist any other person to engage in
sexually explicit conduct for the purpose of producing any visual
or print medium depicting such conduct.
(3) It is unlawful for any person knowingly to employ, use,
persuade, induce, entice, or coerce any minor to engage in or assist
any other person to engage in any sexually explicit conduct for the
purpose of any performance.
(4) It is unlawful for any parent, legal guardian, or person
having custody or control of a minor knowingly to permit the
minor to engage in or to assist any other person to engage in
sexually explicit conduct for the purpose of any performance.
GEORGIA LAWS 1983 SESSION
1439
(c) Any person who violates a provision of this Code section shall
be guilty of a felony and, upon conviction thereof, shall be punished
by imprisonment for not less than three years nor more than 20 years
or by a fine of not more than $20,000.00, or both.
Section 2. Said chapter is further amended by striking Part 3 of
Article 3, relating to the sale or distribution of harmful material to
minors, in its entirety and substituting in lieu thereof a new Part 3 to
read as follows:
Part 3
16-12-101. The General Assembly finds that the sale, loan, and
exhibition of harmful materials to minors has become a matter of
increasingly grave concern to the people of this state. The elimination
of such sales, loans, and exhibition and the consequent protection of
minors from harmful materials are in the best interest of the morals
and general welfare of the citizens of this state in general and of
minors in this state in particular. The accomplishment of these ends
can best be achieved by providing public prosecutors with an effective
power to commence criminal proceedings against persons who engage
in the sale, loan, or exhibition of harmful materials to minors.
16-12-102. As used in this part, the term:
(1) Harmful to minors means that quality of any descrip-
tion or representation, in whatever form, of sexually explicit
nudity, sexual conduct, sexual excitement, bestiality, or
sadomasochistic abuse, when taken as a whole it:
(A) Predominantly appeals to the prurient, shameful,
or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the
adult community as a whole with respect to what is suitable
material for minors; and
(C) Lacks serious literary, artistic, political, or scien-
tific value.
(2) Knowingly means having general knowledge of, or
reason to know, or a belief or ground for belief which warrants
further inspection or inquiry of both:
1440
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) The character and content of any material
described in this part which is reasonably susceptible of
examination by the defendant; and
(B) The age of the minor, provided that an honest
mistake shall constitute an excuse from liability under this
part if the defendant made a reasonable bona fide attempt to
ascertain the true age of such minor.
(3) Minor means any person under the age of 16 years.
(4) Sadomasochistic abuse means actual or simulated flag-
ellation or torture by or upon a person nude or clad in under-
garments, a mask or bizarre costume, or the condition of being
fettered, bound, or otherwise physically restrained on the part of
one so clothed or nude.
(5) Sexual conduct means actual or simulated acts of mas-
turbation, homosexuality, bestiality, sexual intercourse, or physi-
cal contact with a persons clothed or unclothed genitals, pubic
area, buttocks, or, if such person be a female, breast.
(6) Sexual excitement means the condition of human male
or female genitals when in a state of sexual stimulation or arousal.
(7) Sexually explicit nudity means the showing of the
human male or female genitals, pubic area or buttocks with less
than a full opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below
the top of the nipple, or the depiction of covered male genitals in a
discernibly turgid state.
16-12-103. It shall be unlawful for any person knowingly to sell
or loan for monetary consideration to a minor:
(1) A picture, photograph, drawing, sculpture, motion
picture film, or similar visual representation or image of a person
or portion of the human body which depicts sexually explicit
nudity, sexual conduct, or sadomasochistic abuse and which,
taken as whole, is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however
reproduced, or sound recording which contains any matter enu-
GEORGIA LAWS 1983 SESSION
1441
merated in paragraph (1) of this Code section or explicit and
detailed verbal descriptions or narrative accounts of sexual excite-
ment, sexual conduct, or sadomasochistic abuse and which, taken
as a whole, is harmful to minors.
16-12-104. It shall be unlawful for any person knowingly to
exhibit for a monetary consideration to a person under the age of 18 or
knowingly to sell to a person under the age of 18 an admission ticket
or pass or knowingly to admit a person under the age of 18 for a
monetary consideration to premises whereon there is exhibited a
motion picture, show, or other presentation which depicts sexually
explicit nudity, sexual conduct, or sadomasochistic abuse and which,
taken as a whole, is harmful to minors.
16-12-105. Any person who violates any provision of Code Sec-
tion 16-12-103 or 16-12-104 shall be guilty of a misdemeanor of a high
and aggravated nature.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 31,1983.
PHARMACISTS AND PHARMACIES THIRD-PARTY
PRESCRIPTION PROGRAM LAW OF 1983 ENACTED.
Code Title 26, Chapter 4 Amended.
No. 535 (House Bill No. 310).
AN ACT
To amend Chapter 4 of Title 26 of the Official Code of Georgia
Annotated, relating to pharmacists and pharmacies, so as to regulate
third-party prescription programs; to provide for legislative intent; to
provide for definitions; to provide for approval, revocation, and
1442
GENERAL ACTS AND RESOLUTIONS, VOL. I
suspension of certain third-party prescription programs; to provide
for registration and bonding of program administrators and other
persons offering such programs and provide for the administration of
programs; to prohibit certain claims by participating pharmacies; to
provide for liability for the use of certain cancelled program identifi-
cation cards; to provide for penalties, remedies, and venue; 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 26 of the Official Code of Georgia
Annotated, relating to pharmacists and pharmacies, is amended by
striking Part 5 thereof, the Third-party Prescription Program Act,
which reads as follows:
Part 5
26-4-140. This part shall be known as the Third-party Prescrip-
tion Program Act.
26-4-141. The General Assembly finds that certain practices are
unfair to providers of pharmaceutical services, are burdensome and
costly to those providers, result in unfair increased costs to certain
consumers, and threaten the availability of pharmaceutical services
to the public. The General Assembly further finds that there is a need
for regulation of certain practices engaged in by some third-party
prescription program administrators.
26-4-142. As used in this part, the term third-party prescription
program means any system of providing for the reimbursement of
pharmaceutical services under a contractual arrangement or agree-
ment between a provider of the services and another party who is not
the consumer of those services. The programs may include, but not be
limited to, employee benefit plans whereby a consumer receives
prescription drugs or other pharmaceutical services and those ser-
vices are paid for by an agent of the employer or others.
26-4-143. After April 8, 1980, no third-party prescription pro-
grams shall be instituted in this state unless:
(1) The program administrator has given written notice of
the provisions of the particular program to all pharmacies in this
state; and
GEORGIA LAWS 1983 SESSION
1443
(2) All pharmacies in this state have had 30 days from the
date of said notice to enroll in the particular program.
26-4-144. Any agreement or contract entered into in this state
between the program administrator of a third-party program and a
pharmacy shall include a statement of the method and amount of
reimbursement to the pharmacy for services rendered to persons
enrolled in the program, the frequency of payment by the program
administrator to the pharmacy for services rendered, and a method
for the adjudication of complaints or the settlement of disputes
between the parties.
26-4-145. No agreement between a program administrator and a
pharmacy shall establish reimbursement rates or procedures for
services rendered to persons covered by the plan which are less than
the prevailing rates paid by ordinary consumers for the same or
similar services.
26-4-146. (a) At least 30 days prior to the effective date of the
cancellation, the administrator of a program shall notify all pharma-
cies enrolled in the program of any cancellation of the coverage of
benefits of any group enrolled in the program. In those cases wherein
the administrator of a program is not notified at least 30 days prior to
the effective date of the cancellation, he shall notify all pharmacies
enrolled in the program of the cancellation as soon as practicable after
having received the notice.
(b) All persons enrolled in a program shall be notified of its
cancellation, and the administrator of the program shall make every
reasonable effort to gain possession of any plan identification cards
such persons may have been issued pursuant to the provisions of the
program.
(c) Any person who utilizes a program identification card to
obtain services from a pharmacy after having received notice of the
cancellation of his benefits shall be liable to the program administra-
tor for all moneys paid by the program administrator for any services
received pursuant to the illegal use of the identification card.
26-4-147. (a) No program administrator shall deny payment to
any pharmacy for services which may have resulted from the fraudu-
lent or illegal use of an identification card by any person, unless the
pharmacy has been notified that the card has been canceled or
1444
GENERAL ACTS AND RESOLUTIONS, VOL. I
discontinued and that the program administrator has been unsuc-
cessful in attempting to regain possession of the card.
(b) No program administrator shall withhold any payments to
any pharmacy beyond the time period specified in the payment
schedule provisions of the agreement, except that individual claims
for payment may be returned to the pharmacy for causes such as
incomplete or illegible information and may then be resubmitted by
the pharmacy to the program administrator after the appropriate
corrections have been made.
26-4-148. This part shall not apply to any services rendered
pursuant to Article 7 of Chapter 4 of Title 49, the Georgia Medical
Assistance Act of 1977. ,
and inserting in its place a new Part 5 to read as follows:
Part 5
26-4-140. This part shall be known and may be cited as the
Third-party Prescription Program Law of 1983.
26-4-141. The General Assembly finds that certain practices are
unfair to providers of pharmaceuticals, are burdensome and costly to
those providers, result in unfair increased costs to certain consumers,
and threaten the availability of pharmaceuticals to the public. The
General Assembly further finds that there is a need for regulation of
certain practices engaged in by some third-party prescription pro-
gram administrators.
26-4-142. As used in this part, the term:
(1) Administrator means that person, corporation, or busi-
ness entity which administers a program, is legally liable for any
payments to a participating pharmacy under a program, or both.
(2) Commissioner means the Commissioner of Insurance.
(3) Contract means a program contract.
(4) Enrollee means a consumer who receives pharma-
ceuticals under a program.
GEORGIA LAWS 1983 SESSION
1445
(5) Participating pharmacy means a pharmacy having a
contract to provide pharmaceuticals to enrollees under a program.
(6) Pharmaceuticals means drugs, devices, or services
available from a pharmacy.
(7) Prevailing rate means the average wholesale price of
the pharmaceutical during the applicable period, plus the usual,
customary, and reasonable dispensing fee added thereto, provided
that in no event shall the amount submitted for reimbursement by
a pharmacy under this part exceed the 85th percentile of the retail
prices charged by all pharmacies in Georgia for the same or similar
pharmaceuticals during such period of time or the actual price
charged by the submitting pharmacy to consumers, other than
enrollees, for the same or similar pharmaceuticals during such
period of time, whichever is less.
(8) Program means a third-party prescription program.
(9) Program contract means that contract creating rights
and obligations between a participating pharmacy and a program
or administrator.
(10) Program identification card means a document which
identifies enrollees as participants in a program.
(11) Third-party prescription program means any system of
providing payments or reimbursement of payments made for
pharmaceuticals pursuant to a contract between a pharmacy and
another party, including insurance companies and administrators
of programs, who are not consumers of the pharmaceuticals under
that contract and shall include, without being limited to, insur-
ance plans whereby an enrollee receives pharmaceuticals which
are paid for by insurance companies or administrators, or by an
agent of his employer, or by others.
26-4-143. (a) Unless the program is exempt under subsection
(b) of this Code section, no administrator, person, corporation, or
business entity shall offer, operate, or administer a program in this
state unless that program has been submitted to the Commissioner of
Insurance, in a manner provided by the Commissioner, and is
approved by the Commissioner as complying with the requirements
of this part.
1446
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) (1) A program contract existing immediately prior to the
effective date of this part shall be exempt from the requirements
of this part but shall not be renewed or otherwise extended beyond
its renewal or expiration date, respectively, as specified immedi-
ately prior to the effective date of this part, unless the program
under the renewed or extended contract is approved by the
Commissioner under subsection (a) of this Code section, except
that if no such expiration or renewal date is provided in that
program contract, the program contract shall be submitted not
later than March 1,1984, to the Commissioner for approval.
(2) A program providing pharmaceuticals pursuant to Arti-
cle 7 of Chapter 4 of Title 49, the Georgia Medical Assistance Act
of 1977, shall be exempt from the requirements of this part.
(3) A policy or plan regulated under Title 33, relating to
insurance, which does not include or utilize a third-party prescrip-
tion program or contract shall be exempt from the requirements of
this part.
(c) A program approved by the Commissioner may have that
approval revoked or suspended if it fails to meet any requirements
therefor specified in this part or if it fails to be administered in
conformity with those requirements.
(d) Disapproval or revocation or suspension of approval of a
program by the Commissioner of Insurance shall constitute a con-
tested case for purposes of Chapter 13 of Title 50, the Georgia
Administrative Procedure Act.
26-4-144. (a) A program offered in this state and not exempt
under subsection (b) of Code Section 26-4-143 shall provide all of the
following:
(1) A statement of the method, frequency, and amount of
claim reimbursement to participating pharmacies;
(2) That any valid claim for pharmaceuticals under this
program will be paid to a participating pharmacy within 30 days
after the claim is received by the administrator if that claim is
complete, accurate, and legible, as determined by the administra-
tor;
GEORGIA LAWS 1983 SESSION
1447
(3) That any valid claim not paid as required in paragraph
(2) of this Code section shall be subject to interest at the rate
specified in paragraph (1) of subsection (b) of Code Section 33-25-
10, relating to payment of interest on life insurance proceeds;
(4) That reimbursement rates for pharmaceuticals shall not
be less than the prevailing rates therefor paid by consumers who
are not enrollees;
(5) That each participating pharmacy and enrollee will be
notified in writing by the administrator of the cancellation of any
program at least 30 days prior to the effective date of cancellation,
except that where the administrator is not notified of such cancel-
lation at least 30 days prior to the effective date of cancellation,
the written notice shall be provided within 30 days after the
administrator received his notification;
(6) That program identification cards issued to an enrollee
show an expiration date;
(7) That the administrator shall make reasonable efforts to
gain possession of all program identification cards upon cancella-
tion of a program for which the cards were issued;
(8) That a valid claim by a participating pharmacy will not
be denied upon the basis of the fraudulent use of a program
identification card;
(9) That at least 30 days prior to the date a program
becomes effective, the program contract therefor shall be offered
to all pharmacies located within those counties wherein reside
enrollees in that program, which pharmacies shall have at least 30
days from the time they receive the offer to accept that offer and
become participating pharmacies;
(10) That any audit by a program to verify claims by a
participating pharmacy shall comply with generally accepted
accounting principles and procedures but shall not extrapolate
randomly sampled data as a basis for reimbursement from the
pharmacy which is audited or from one participating pharmacy to
be the corresponding data for another participating pharmacy. In
the event a claim against a participating pharmacy for reimburs-
ement is based upon a program audit, the administrator of the
1448
GENERAL ACTS AND RESOLUTIONS, VOL. I
program shall submit details of the audit to that participating
pharmacy, and any dispute relating thereto shall be resolved
under the dispute resolution procedures required under para-
graph (11) of this Code section, with the Commissioner of Insur-
ance to render a final binding decision in the dispute if either
party is dissatisfied with the outcome under the dispute resolution
procedure; and
(11) A dispute resolution procedure for disputes between the
program or administrator and participating pharmacies and
between the program or administrator and enrollees.
(b) A program which meets the requirements of subsection (a) of
this Code section shall not be administered except in conformity with
those requirements, and the administration of that program except in
conformity with those requirements shall constitute a violation of this
Code section by the administrator of that program.
26-4-145. A participating pharmacy shall not submit claims
for payment for pharmaceuticals under a program for charges in
excess of those charged by that pharmacy to consumers, other than
enrollees, for the same or similar pharmaceuticals.
26-4-146. (a) On and after the effective date of this part, no
person, corporation, or business entity shall serve as administrator of
a program which has no administrator registered under this Code
section unless that person, corporation, or business entity is regis-
tered as administrator of that program with the Commissioner of
Insurance.
(b) No administrator may be registered unless the administrator
gives bond to the Commissioner of Insurance conditioned to pay all
losses, damages, and expenses incurred as a result of any violation of
this part by the administrator or the program being administered
thereby. The bond shall be with a surety approved by the Commis-
sioner in the amount of $200,000.00 or the total annual payments
made in the immediately preceding year by all programs adminis-
tered by that administrator, whichever is greater; provided, however,
if the administrator is an insurance company licensed to transact
insurance in this state or if the administrator is a self-insurer and is
approved by the Commissioner of Insurance, then such administrator
shall not be required to give bond to the Commissioner of Insurance.
GEORGIA LAWS 1983 SESSION
1449
(c) No program shall be required to have more than one adminis-
trator registered and bonded under this Code section.
(d) An administrator may have his registration suspended or
revoked by the Commissioner upon any violation of this part by the
administrator or when any program administered by the administra-
tor fails to conform to the requirements of this part. The refusal by
the Commissioner to register an administrator and the suspension or
revocation of an administrators registration shall constitute a con-
tested case for purposes of Chapter 13 of Title 50, the Georgia
Administrative Procedure Act.
(e) Records, information, and other identifying matter obtained
through the submission of a claim for reimbursement by a partici-
pating pharmacy shall be used exclusively and solely for the purposes
of verification and payment to the participating pharmacy and poli-
cyholder and for no other purposes.
26-4-147. No enrollee may utilize a program identification card
to obtain pharmaceuticals after the program has been cancelled and
after the enrollee has received notification of the cancellation, and if
such card is so utilized, that enrollee shall be liable to the administra-
tor of that program for the cost of those pharmaceuticals.
26-4-148. (a) Any person, corporation, or business entity which
violates subsection (a) of Code Section 26-4-146 shall be guilty of a
misdemeanor.
(b) Any person, corporation, or business entity which violates
any provision of this part shall be subject to a civil penalty in the
amount of $1,000.00 for each act in violation of this part or, if the
violation was knowing and willful, a civil penalty of $5,000.00 for each
act in violation of this part.
(c) Any person injured as a result of a violation of this part may
bring an action against that person, corporation, or business entity
violating this part for the recovery of all actual damages occurring as a
result thereof, plus attorneys fees.
(d) Any person, corporation, or business entity subject to civil
penalties or an action for damages under this Code section may be
sued in the county in this state in which the person resides or
corporation or business entity maintains an office or, if neither
1450
GENERAL ACTS AND RESOLUTIONS, VOL. I
residing nor maintaining an office in this state, in the Superior Court
of Fulton County.
(e) All penalties and remedies provided in this Code section are
cumulative of each other and of any other penalties and remedies
otherwise provided by law.
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 March 31,1983.
MECHANICS AND MATERIALMENS LIENS.
Code Title 44, Chapter 14 Amended.
Georgia Laws 1982, Page 1144 Repealed.
No. 536 (House Bill No. 365).
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 change provisions relating to preliminary
notices of lien rights and claims of lien and their effect and cancella-
tion; to amend Code Section 44-14-530 of the Official Code of Georgia
Annotated, relating to foreclosure of liens on realty, so as to provide
for jury verdicts and court decisions and their effect; to repeal an Act
relating to mechanics and materialmens liens and lien foreclosure
and amending the above provisions of the Official Code of Georgia
Annotated, approved April 14,1982, and to become effective April 1,
1983 (Ga. L. 1982, p. 1144); to provide for all related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1983 SESSION
1451
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 in their entirety Code
Section 44-14-360, relating to definitions, Code Section 44-14-361,
relating to creation of liens, and Code Section 44-14-362, relating to
enforcement of liens, and inserting in their place new Code Sections
44-14-360, 44-14-361, 44-14-361.1, 44-14-361.2, 44-14-361.3, 44-14-
361.4, and 44-14-362 to read as follows:
44-14-360. As used in this part, the term:
(1) Contractor means a contractor having privity of con-
tract with the owner of the real estate.
(2) Land surveyor means the same as the definition thereof
in Code Section 43-15-2.
(3) Materials, in addition to including those items for
which liens are already permitted under this part, means tools,
appliances, machinery, or equipment used in making improve-
ments to the real estate, to the extent of the reasonable rental
value of such tools, appliances, machinery, or equipment.
(4) Materialmen means all persons furnishing the materi-
als, tools, appliances, machinery, or equipment included in the
definition of materials in paragraph (3) of this Code section.
(5) Professional engineer means the same as the definition
thereof in Code Section 43-15-2.
(6) Registered land surveyors and registered professional
engineers means land surveyors or professional engineers who are
registered as land surveyors or professional engineers under Chap-
ter 15 of Title 43 at the time of performing, rendering, or furnish-
ing services protected under this part.
(7) Residential property means single-family and two-
family, three-family, and four-family residential real estate.
(8) Subcontractor means, but is not limited to, subcontrac-
tors having privity of contract with the contractor.
1452
GENERAL ACTS AND RESOLUTIONS, VOL. I
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;
(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) of this Code
section 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.
44-14-361.1 (a) To make good the liens specified in paragraphs
(1) through (7) of subsection (a) of Code Section 44-14-361, they must
be created and declared in accordance with the following provisions,
and on failure of any of them the lien shall not be effective or
enforceable:
GEORGIA LAWS 1983 SESSION
1453
(1) A substantial compliance by the party claiming the lien
with his contract for building, repairing, or improving; for archi-
tectural services furnished; for registered land surveying or regis-
tered professional engineering services furnished or performed; or
for materials or machinery furnished or set up;
(2) The filing for record of his claim of lien within three
months after the completion of the work, the furnishing of the
architectural services, or the furnishing or performing of such
surveying or engineering services or within three months after the
material or machinery is furnished in the office of the clerk of the
superior court of the county where the property is located, which
claim shall be in substance as follows:
A. B., a mechanic, contractor, subcontractor, materialman,
machinist, manufacturer, registered architect, registered land sur-
veyor, registered professional engineer, or other person (as the
case may be) claims a lien in the amount of (specify the amount
claimed) on the house, factory, mill, machinery, or railroad (as the
case may be) and the premises or real estate on which it is erected
or built, of C. D. (describing the houses, premises, real estate, or
railroad), for satisfaction of a claim which became due on (specify
the date the claim was due) for building, repairing, improving, or
furnishing material (or whatever the claim may be).
(3) The commencement of an action for the recovery of the
amount of his claim within 12 months from the time the same shall
become due. In addition, at the time of filing such action, the party
claiming the lien shall file a notice with the clerk of the superior
court of the county wherein the subject lien was filed. The notice
shall contain a caption referring to the then owner of the property
against which the lien was filed and referring to a deed or other
recorded instrument in the chain of title of the affected property.
The notice shall be executed, under oath, by the party claiming
the lien or by his attorney of record. The notice shall identify the
court wherein the action is brought; the style and number of the
action, including the names of all parties thereto; the date of the
filing of the action; and the book and page number of the records
of the county wherein the subject lien is recorded in the same
manner in which liens specified in Code Section 44-14-361 are
filed. The clerk of the superior court shall enter on the subject lien
so referred to the book and page on which the notice is recorded
and shall index such notice in the name of the then purported
1454
GENERAL ACTS AND RESOLUTIONS, VOL. I
owner as shown by the caption contained in such notice. A
separate lis pendens notice need not be filed with the commence-
ment of this action; and
(4) In the event any contractor or subcontractor procuring
material, architects services, registered land surveyors services,
or registered professional engineers services, labor, or supplies for
the building, repairing, or improving of any real estate, building,
or other structure shall abscond or die or leave the state within 12
months from the date such services, labor, supplies, or material
are furnished to him, so that personal jurisdiction cannot be
obtained on the contractor or subcontractor in an action for the
services, material, labor, or supplies, or if the contractor or sub-
contractor shall be adjudicated a bankrupt, or if, after the filing of
an action, no final judgment can be obtained against him for the
value of such material, services, labor, or supplies because of his
death or adjudication in bankruptcy, then and in any of these
events, the person or persons furnishing material, services, labor,
and supplies shall be relieved of the necessity of filing an action or
obtaining judgment against the contractor or subcontractor as a
prerequisite to enforcing a lien against the property improved by
the contractor or subcontractor. Subject to Code Section 44-14-
361, the person or persons furnishing material, services, labor, and
supplies may enforce the lien directly against the property so
improved in an action against the owner thereof, if filed within 12
months from the time the lien becomes due, with the judgment
rendered in any such proceeding to be limited to a judgment in
rem against the property improved and to impose no personal
liability upon the owner of the property; provided, however, that
in such action for recovery, the owner of the real estate improved,
who has paid the agreed price or any part of same, may set up the
payment in any action brought and prove by competent and
relevant evidence that the payments were applied as provided by
law, and no judgment shall be rendered against the property
improved.
(b) As between themselves, the liens provided for in Code Sec-
tion 44-14-361 shall rank according to the date filed; but all of the
liens mentioned in this Code section for repairs, building, or furnish-
ing materials or services, upon the same property, shall, as to each
other, be of the same date when declared and filed for record within
three months after the work is done or before that time.
GEORGIA LAWS 1983 SESSION
1455
(c) The liens specified in Code Section 44-14-361 shall be infe-
rior to liens for taxes, to the general and special liens of laborers, to
the general lien of landlords of rent when a distress warrant is issued
out and levied, to claims for purchase money due persons who have
only given bonds for titles, and to other general liens when actual
notice of the general lien of landlords and others has been communi-
cated before the work was done or materials or services furnished; but
the liens provided for in Code Section 44-14-361 shall be superior to
all other liens not excepted by this paragraph.
(d) In any proceeding brought by any materialman, by any
mechanic, by any laborer, by any subcontractor, or by any mechanic
of any sort employed by any subcontractor or by any materialmen
furnishing material to any subcontractor, or by any laborer furnishing
labor to any subcontractor, to enforce such a lien, the contractor
having a direct contractual relationship with the subcontractor shall
not be a necessary party; but he may be made a party. In any
proceedings brought by any mechanic employed by any subcontrac-
tor, by any materialmen furnishing material to any subcontractor, or
by any laborer furnishing labor to any subcontractor, the subcontrac-
tor shall not be a necessary party; but he may be made a party. The
contractor or subcontractor or both may intervene in the proceedings
at any time before judgment for the purpose of resisting the establish-
ment of the lien or of asserting against the lienor any claim of the
contractor or subcontractor growing out of or related to the trans-
action upon which the asserted lien is based.
(e) In no event shall the aggregate amount of liens set up by
Code Section 44-14-361 exceed the contract price of the improve-
ments made or services performed.
44-14-361.2. (a) The special lien specified in subsection (a) of
Code Section 44-14-361 shall be dissolved if the owner, purchaser
from owner, or lender providing construction or purchase money or
any other loan secured by real estate shows that:
(1) The lien has been waived in writing by lien claimant; or
(2) (A) They or any of them have obtained the sworn
written statement of the contractor or person other than the
owner at whose instance the labor, services, or materials were
furnished, or the owner when conveying title in a bona fide
sale or loan transaction, that the agreed price or reasonable
1456
GENERAL ACTS AND RESOLUTIONS, VOL. I
value of the labor, services, or materials have been paid or
waived in writing by the lien claimant; and
(B) When the sworn written statement was obtained or
given as a part of a transaction:
(1) Involving a conveyance of title in a bona fide
sale; or
(2) Involving a loan in which the real estate is to
secure repayment of the loan; or
(3) Where final disbursement of the contract price
is made by the owner to the contractor,
there was not of record, at the time of the settlement of the
transaction a valid preliminary notice or claim of lien which
had not been previously cancelled, dissolved, or expired.
(b) As used in paragraph (2) of subsection (a) of this Code
section, the term:
(1) Person other than the owner shall not include a sub-
contractor.
(2) Final disbursement of the contract price means pay-
ment of the agreed price between the owner and contractor for the
improvements made upon the real estate or the reasonable value
of the labor, services, and materials incorporated in the improve-
ments upon the real estate and shall include payment of the
balance of the contract price to an escrow agent.
44-14-361.3. (a) Prior to filing a claim of lien, a person having a
lien under paragraphs (1) through (7) of subsection (a) of Code
Section 44-14-361 may at such persons option file a preliminary
notice of lien rights. The preliminary notice of lien rights in order to
be effective shall:
(1) Be filed with the clerk of superior court of the county in
which the real estate is located within 30 days after the date a
party delivered any materials or provided any labor or services for
which a lien may be claimed;
GEORGIA LAWS 1983 SESSION
1457
(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.
(b) A party filing a preliminary notice of lien rights except a
contractor shall, within seven days of filing the notice, send by
registered or certified mail a copy of the notice to the contractor on
the property named in the notice or to the owner of the property. The
lien claimant may rely on the building permit issued on the property
for the name of the contractor.
(c) 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 (a) of this
Code section and affidavits specified in subsection (c) of Code Section
44-14-361.4 shall be filed. Each such notice and affidavit shall be
indexed under the name of the owner as contained in the preliminary
notice. The clerk shall collect a filing fee of $5.00 for the filing of each
preliminary notice.
(d) A person having a lien under paragraphs (1) through (7) of
subsection (a) of Code Section 44-14-361 may enforce the lien without
filing a preliminary notice of lien.
44-14-361.4. (a) A preliminary notice of lien rights filed pursu-
ant to Code Section 44-14-361.3 shall be dissolved if it is canceled and
a preliminary notice also expires and is dissolved under any of the
following conditions:
(1) The lien has been waived in writing by the lien claimant;
or
1458
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The time has expired for filing the claim of lien as
required in Code Section 44-14-361.1; or
(3) On residential property, 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; or
(4) On all property except residential property, 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;
provided, however, the demand for filing of a claim of lien shall
not be sent until the contractors contract is substantially com-
plete or until the potential lien claimants contract has been
terminated or the potential lien claimant has abandoned the
contract.
(b) 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 44-14-361.4. 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.
(c) If a demand for filing of a claim of lien is mailed as provided
in this Code section and no claim of lien is filed within ten days after
said date of mailing, the preliminary notice of lien rights may be
canceled as provided in this subsection. In order to obtain cancella-
tion, the person who mailed the demand or his attorney shall file with
the clerk of superior court a copy of the demand and his or her
affidavit that the demand was mailed as provided in paragraph (3) or
(4) of subsection (a) of this Code section and that ten days have
elapsed since said date of mailing without the filing of a claim of lien
by the potential lien claimant. Upon such filing, the clerk of superior
court shall cancel of record the preliminary notice of lien rights.
GEORGIA LAWS 1983 SESSION
1459
44-14-362. (a) 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 prelimi-
nary 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 actual damages, costs, and reasonable attorneys
fees incurred by the owner in having the preliminary notice canceled.
(b) The cancellation required under this Code section shall be in
the following form:
Clerk, Superior Court
of_____________County
You are authorized and directed to cancel of record the
preliminary notice of lien rights which we filed on the property
owned by (state name of owner) on (give date) and recorded by
you in Book____, Page__, of preliminary notices kept by you.
This____day of_____, 19_.
Lien claimant
or attorney
Section 2. Said part is further amended by striking in its
entirety Code Section 44-14-364, relating to release of liens on filing of
bond, and inserting in its place a new Code section to read as follows:
44-14-364. (a) When any person entitled under this part to
claim a lien against any real estate located in this state files his lien in
the office of the clerk of the superior court of the county in which the
real estate is located, the owner of the real estate or the contractor
employed to improve the property may, before or after foreclosure
proceedings are instituted, discharge the lien by filing a bond in the
office of that clerk. The bond shall be conditioned to pay to the holder
of the lien the sum that may be found to be due the holder upon the
trial of any action that may be filed by the lienholder to recover the
amount of his claim within 12 months from the time the claim
becomes due. The bond shall be in double the amount claimed under
that lien and shall be either a bond with good security approved by
the clerk of the court or a cash bond, except in cases involving a lien
against residential property, in which event the bond shall be in the
1460
GENERAL ACTS AND RESOLUTIONS, VOL. I
amount claimed under the lien. Upon the filing of the bond provided
for in this Code section, the real estate shall be discharged from the
lien. With respect to property bonds, the clerk shall not accept any
real property bond unless the real property is scheduled in an
affidavit attached thereto setting forth a description of the property
and indicating the record owner thereof, including any liens and
encumbrances and amounts thereof, the market value, and the value
of the sureties interest therein, which affidavit shall be executed by
the owner or owners of the interest; the bond and affidavit shall be
recorded in the same manner and at the same cost as other deeds of
real property. So long as the bond exists, it shall constitute a lien
against the property described in the attached affidavit.
(b) The clerk of the superior court shall have the right to rely
upon the amount specified in the claim of lien in determining the
sufficiency of any bond to discharge under this Code section. The
failure to specify both the amount claimed due under the lien and the
date said claim was due shall result in such lien not constituting
notice for any purposes.
Section 3. Code Section 44-14-530, relating to manner of fore-
closure 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 44-14-361.1. 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 4. An Act entitled 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-
GEORGIA LAWS 1983 SESSION
1461
530, relating to foreclosure 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., which Act was approved April 14,1982, and was
to become effective April 1,1983 (Ga. L. 1982, p. 1144) is repealed in
its entirety.
Section 5. Sections 1,2, and 3 of this Act shall become effective
July 1, 1983; and the other provisions of this Act shall become
effective upon approval of this Act 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 March 31,1983.
JOINT COUNTY AND MUNICIPAL SALES TAX
DISTRIBUTION, ETC.
Code Sections 48-8-89.1 and 48-8-89.2
Enacted.
No. 540 (House Bill No. 419).
AN ACT
To amend Article 2 of Chapter 8 of Title 48 of the Official Code of
Georgia Annotated, relating to joint county and municipal sales tax,
so as to provide procedures for new qualified municipalities to share
in the proceeds of the tax; to provide for distribution of any part of
the tax formerly due to a qualified municipality which ceases to be a
qualified municipality; to provide for related procedures and discon-
tinuance of the tax if such procedures are not followed; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
1462
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 8 of Title 48 of the Official Code
of Georgia Annotated, relating to joint county and municipal sales
tax, is amended by adding new Code Sections 48-8-89.1 and 48-8-89.2
to read as follows:
48-8-89.1. (a) If there exists within any special district in
which the tax authorized by this article is imposed a qualified
municipality which was not a qualified municipality on the date of
filing with the commissioner of the most recently filed certificate
under Code Section 48-8-89, such qualified municipality may request
the commissioner to give notice of the qualified municipalitys exis-
tence as provided in this subsection. Upon receipt of such a request,
the commissioner shall, unless he determines that the requesting
entity is not a qualified municipality, within 30 days give written
notice of the qualified municipalitys existence to the county which is
conterminous with the special district in which the qualified munici-
pality is located and to each other qualified municipality within the
special district. Such written notice shall include the name of the new
qualified municipality, the effective date of the notice, and a state-
ment of the provisions of this Code section.
(b) Within 60 days after the effective date of the notice referred
to in subsection (a) of this Code section, a new distribution certificate
shall be filed with the commissioner for the special district. This
distribution certificate shall specify by percentage what portion of the
proceeds of the tax available for distribution within the special
district shall be received by the county in which the special district is
located and by each qualified municipality located wholly or partially
within the special district, including the new qualified municipality.
No distribution certificate may contain a total of specified percent-
ages in excess of 100 percent.
(c) Except as otherwise provided in this subsection, a distribu-
tion certificate required by this Code section must be executed by the
governing authorities of the county within which the special district is
located and each qualified municipality located wholly or partially
within the special district, including the new qualified municipality.
Notwithstanding the fact that a certificate shall not contain an
execution in behalf of one or more qualified municipalities within the
special district, if the combined total of the populations of all such
absent municipalities is less than one-half of the aggregate population
GEORGIA LAWS 1983 SESSION
1463
of all qualified municipalities located within the special district, the
submitting political subdivisions shall, in behalf of the absent munici-
palities, specify a percentage of that portion of the remaining pro-
ceeds which each such municipality shall receive, which percentage
shall not be less than that proportion which each absent municipal-
itys population bears to the total population of all qualified munici-
palities within the special district multiplied by that portion of the
remaining proceeds which are received by all qualified municipalities
within the special district. For the purpose of determining the
population of the absent municipalities, only that portion of the
population of each such municipality which is located within the
special district shall be computed.
(d) If a new certificate is not filed for any special district as
required by this Code section, the authority to impose the tax
authorized by Code Section 48-8-82 within that special district shall
cease on the first day of January of the year following the year in
which the required distribution certificate could last have been timely
filed. In any special district in which the authority to impose the tax
is terminated pursuant to this subsection, the tax may thereafter be
reimposed only pursuant to the procedures specified in Code Sections
46-8-84 through 46-8-86.
(e) If a new certificate is filed as required by this Code section,
the commissioner shall begin to distribute the proceeds as specified in
the new certificate on the first day of January of the first calendar
year which begins more than 60 days after the effective date of the
notice referred to in subsection (b) of this Code section. The
commissioner shall continue to distribute the proceeds of the tax
according to the new certificate until a subsequent certificate is filed
and becomes effective as provided in Code Section 48-8-89.
48-8-89.2. If the commissioner determines that a qualified muni-
cipality entitled to receive tax proceeds under this article has ceased
to be a qualified municipality, he shall thereafter distribute the
percentage of the proceeds of the tax to which that qualified munici-
pality was entitled to the county which is conterminous with the
special district and to each other qualified municipality within the
special district pro rata according to the percentages of the tax to
which each other such political subdivision is otherwise entitled; and
such distribution formula shall remain in effect until a new certificate
is filed and becomes effective as provided in Code Section 48-8-89.
1464
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
CHILD RESTRAINT DEVICES REQUIRED FOR
CERTAIN CHILDREN WHILE BEING TRANSPORTED.
Code Section 40-8-76 Amended.
No. 541 (Senate Bill No. 59).
AN ACT
To amend Code Section 40-8-76 of the Official Code of Georgia
Annotated, relating to safety belts required for passenger automo-
biles, so as to provide that every driver shall be responsible for placing
children under four years of age in certain child restraint devices
when children are being transported in passenger automobiles within
this state; to provide for exceptions; to provide for other matters
relative to the foregoing; to provide for penalties; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-8-76 of the Official Code of Georgia
Annotated, relating to safety belts required for passenger automo-
biles, is amended by striking said section in its entirety and substitut-
ing in lieu thereof a new Code Section 40-8-76 to read as follows:
40-8-76. (a) (1) No new private passenger automobile manu-
factured after January 1,1964, shall be sold to the general public
in this state unless such automobile shall be equipped with two
GEORGIA LAWS 1983 SESSION
1465
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.
(2) Any person violating paragraph (1) of this subsection
shall be guilty of a misdemeanor.
(b) (1) On and after July 1,1984, every driver who regularly
and customarily transports a child under the age of four years in a
passenger automobile, van, or pickup truck, other than one oper-
ated for hire, which is registered in this state shall, while such
motor vehicle is in motion and operated on a public road, street, or
highway of this state, provide for the protection of such child in a
child passenger restraining system approved by the United States
Department of Transportation under Federal Motor Vehicle
Safety Standard 213 in effect on January 1,1983. However, if the
child is between the ages of three and four years of age, a seat belt
shall be sufficient to meet the requirements of this subsection.
The provisions of this subsection shall not apply to a nonresident
transporting a child in this state and shall not apply when the
childs personal needs are being attended to.
(2) (A) Any person violating paragraph (1) of this subsec-
tion shall be issued a citation. The original of the citation
shall be retained by the issuing law enforcement agency for a
period of 14 days after the date of issuance. If within this 14
day period the person to whom the citation is issued presents
to the issuing law enforcement agency proof of acquisition, by
purchase, rental, loan, or gift, of a child passenger restraining
system meeting the criteria of paragraph (1) of this subsec-
tion, then the issuing law enforcement agency shall void the
citation.
(B) Upon conviction of an offense under this subsec-
tion, the defendant shall be punished by a fine of not more than
$25.00.
The provisions of this act shall not apply to the driver
of a car pool carrying children under four years old to a church
or public or private school.
(c) It shall be the duty of the Governors Office of Highway
Safety to implement and coordinate a program to inform parents and
other citizens of Georgia of the reasons for the enactment of subsec-
1466
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion (b) of this Code section. Such program shall be carried out prior
to January 1, 1984. The Governors Office of Highway Safety shall
solicit the cooperation and assistance of the Georgia Highway Patrol,
the Georgia Sheriffs Association, the Medical College of Georgia, the
Georgia Hospital Association, the Georgia Association of Educators,
the Georgia Parent-Teacher Association, and other appropriate orga-
nizations in educating the citizens of the state and in implementing,
coordinating, and carrying out the program provided for herein.
(d) Violation of this Code section shall not constitute negligence
per se nor contributory negligence per se.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
MOTOR VEHICLES UNIVERSITY OF GEORGIA
BICENTENNIAL SPECIAL LICENSE PLATES.
Code Section 40-2-29.1 Enacted.
No. 542 (House Bill No. 335).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of
Georgia Annotated, relating to registration and licensing of motor
vehicles in general, so as to provide for the issuance of special license
plates to commemorate the bicentennial of the founding of the
University of Georgia; 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:
GEORGIA LAWS 1983 SESSION
1467
Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code
of Georgia Annotated, relating to registration and licensing of motor
vehicles in general, is amended by adding a new Code Section 40-2-
29.1 to read as follows:
40-2-29.1. (a) The House of Assembly of Georgia in 1784
having given 40,000 acres of land for the support of a state institution
of higher learning and having on January 27, 1785, enacted An Act
for the more full and complete establishment of a public seat of
learning, which created the University of Georgia as the first char-
tered state university in America, there shall be issued in 1984 and
1985 special license plates to commemorate the bicentennial of the
founding of the University of Georgia.
(b) The commissioner shall prepare special distinctive license
plates of a design appropriate to commemorate the bicentennial of
the University of Georgia. It shall not be a requirement that a county
name decal be affixed and displayed on license plates issued under
this Code section.
(c) In calendar years 1984 and 1985, any motor vehicle owner
who is a resident of Georgia, upon complying with the motor vehicle
laws relating to registration and licensing of motor vehicles and upon
the payment of a $10.00 manufacturing fee in addition to the regular
motor vehicle registration fee, shall be issued such a special license
plate. Special license plates issued on or after January 1,1984, under
this Code section shall be used until the expiration of other seven-
year license plates issued on or after January 1,1983, as provided in
Code Section 40-2-29.
(d) Special license plates issued under this Code section shall be
renewed annually with a revalidation decal as provided in Code
Section 40-2-29. Special license plates issued under this Code section
may be transferred between vehicles as provided in Code Section 40-
2-76. Special license plates issued under this Code section shall
expire and shall not be renewed or revalidated after January 1,1990.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1468
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
TICKET SCALPING PROHIBITED SERVICE
CHARGES AUTHORIZED.
Code Section 10-1-310 Amended.
Code Section 20-3-81 Repealed.
No. 543 (House Bill No. 249).
AN ACT
To amend Article 12 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to ticket scalping, so as to change the
amount which may be charged by authorized ticket agents; to repeal
Code Section 20-3-81, relating to unlawful charges for admission
tickets to athletic contests of colleges of the University System of
Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 12 of Chapter 1 of Title 10 of the Official Code
of Georgia Annotated, relating to ticket scalping, is amended by
replacing Code Section 10-1-310 with a new Code section to read as
follows:
10-1-310. It shall be unlawful for any person to sell or offer for
sale any ticket of admission or other evidence of the right of entry to
any football game, basketball game, baseball game, soccer game,
hockey game, or tennis or golf tournament for a price in excess of the
price printed on the ticket; provided, however, that a service charge
not to exceed $2.00 may be charged when tickets or other evidences of
the right of entry are sold by an authorized ticket agent through
GEORGIA LAWS 1983 SESSION
1469
places of established businesses licensed to do business by the muni-
cipality or county, where applicable, in which such places of business
are located.
Section 2. Code Section 20-3-81 which reads as follows:
20-3-81. (a) It shall be unlawful for any admission ticket to
any athletic contest of any college of the university system to be sold
for a price in excess of the price printed on the face of the ticket.
(b) Any person, firm, or corporation who violates subsection (a)
of this Code section shall be guilty of a misdemeanor.,
is repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
INDEMNIFICATION OF LAW ENFORCEMENT
OFFICERS PRISON GUARD REDEFINED.
Code Section 45-9-81 Amended.
No. 544 (House Bill No. 173).
AN ACT
To amend Code Section 45-9-81 of the Official Code of Georgia
Annotated, relating to definitions with respect to indemnification of
law enforcement officers, firemen, and prison guards, so as to change
the definition of the term prison guard; to repeal conflicting laws;
and for other purposes.
1470
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-9-81 of the Official Code of Georgia
Annotated, relating to definitions with respect to indemnification of
law enforcement officers, firemen, and prison guards, is amended by
striking paragraph (5) in its entirety and inserting in lieu thereof a
new paragraph (5) to read as follows:
(5) Prison guard means any person employed by the state or
any political subdivision thereof whose principal duties relate to the
supervision and incarceration of persons accused or convicted of the
violation of the criminal laws of this state or any political subdivision
thereof. Such term shall also mean any probation supervisor or parole
officer who is required to be certified under Chapter 8 of Title 35, the
Georgia Peace Officer Standards and Training Act, and whose
principal duties directly relate to the supervision of adult probation-
ers or adult parolees.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
TRADEMARKS AND SERVICE MARKS
REGISTRATION FEES, ETC.
Code Title 10, Chapter 1 Amended.
No. 545 (House Bill No. 375).
AN ACT
To amend Article 16 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to trademarks, service marks, and trade
names, so as to delete certain requirements affecting the registration
of a trademark or service mark; to increase the renewal fee for the
GEORGIA LAWS 1983 SESSION
1471
registration of a trademark or service mark; to increase the fee for the
assignment of a trademark or service mark and its registration; to
provide for a fee for the cancellation of a registered trademark or
service mark; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 16 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, relating to trademarks, service marks,
and trade names, is amended by striking subsection (a) of Code
Section 10-1-442, relating to applications for registration of marks, in
its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) Subject to the limitations set forth in this part, any person
who adopts and uses a trademark or service mark in this state may file
in the office of the Secretary of State, on a form to be furnished by the
Secretary of State, an application for registration of such trademark
or service mark setting forth, but not limited to:
(1) The name and business address of the person applying
for such registration and, if a corporation, the state of incorpora-
tion;
(2) A description of the goods or services in connection with
which the mark is used and the mode or manner in which the mark
is used in connection with such goods or services and the class in
which such goods or services fall; and
(3) The date when the trademark or service mark was first
used anywhere, as well as the date when it was first used in this
state by the applicant or his predecessor in business.
Section 2. Said article is further amended by striking subsec-
tion (a) of Code Section 10-1-445, relating to the registration of
trademarks or service marks, duration, renewal, and fee for renewal,
in its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) Registration of a trademark or service mark under this part
shall be effective for a term of ten years from the date of registration;
and, upon application filed within six months prior to the expiration
of such term on a form to be furnished by the Secretary of State, the
1472
GENERAL ACTS AND RESOLUTIONS, VOL. I
registration may be renewed for a like term. A renewal fee of $15.00,
payable to the Secretary of State, shall accompany the application for
renewal of the registration.
Section 3. Said article is further amended by striking Code
Section 10-1-446, relating to the assignment of trademarks or service
marks and registrations and fee for assignments, in its entirety and
substituting in lieu thereof a new Code Section 10-1-446 to read as
follows:
10-1-446. Any trademark or service mark and its registration
under this part shall be assignable with the good will of the business
in which the trademark or service mark is used or with that part of the
good will of the business connected with the use of and symbolized by
the trademark or service mark. Assignment shall be by instruments
in writing duly executed and may be recorded with the Secretary of
State upon the payment of a fee of $15.00, payable to the Secretary of
State, who, upon recording of the assignment, shall issue in the name
of the assignee a new certificate for the remainder of the term of the
registration or of the last renewal thereof. An assignment of any
registration under this part shall be ineffective as against a subse-
quent purchaser for value without notice unless it is recorded with the
Secretary of State prior to the subsequent purchase.
Section 4. Said article is further amended by striking Code
Section 10-1-448, relating to the cancellation of registrations of
trademarks or service marks, in its entirety and substituting in lieu
thereof a new Code Section 10-1-448 to read as follows:
10-1-448. (a) The Secretary of State shall cancel from the
register:
(1) Any registration concerning which the Secretary of
State shall receive a voluntary request for cancellation thereof
from the registrant or the assignee of record;
(2) All registrations granted under this part and not
renewed in accordance with the provisions of this part;
(3) Any registration concerning which a court of competent
jurisdiction shall find that:
GEORGIA LAWS 1983 SESSION
1473
(A) The registered trademark or service mark has been
abandoned;
(B) The registrant is not the owner of the trademark or
service mark;
(C) The registration was granted improperly;
(D) The registration was obtained fraudulently; or
(E) The registered trademark or service mark is so
similar to a trademark or service mark registered by another
person in the United States Patent Office prior to the date of
the filing of the application for registration by the registrant
under this part, and not abandoned, as to be likely to cause
confusion or mistake or to deceive; provided, however, that,
should the registrant prove he is the owner of a concurrent
registration of his trademark or service mark in the United
States Patent Office covering an area including this state, the
registration under this part shall not be canceled; or
(4) Any registration which a court of competent jurisdiction
shall order canceled.
(b) A fee of $15.00, payable to the Secretary of State, shall
accompany any voluntary request for cancellation.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
1474
GENERAL ACTS AND RESOLUTIONS, VOL. I
SECRETARY OF STATE FEE FOR ACCEPTING
SERVICE OF PROCESS.
Code Sections 40-12-2, 45-13-26, 43-1-15,
46-3-502, 46-7-17, 46-7-62, 53-13-121,
53-16-5 Amended.
No. 546 (House Bill No. 379).
AN ACT
To amend Article 2 of Chapter 13 of Title 45 of the Official Code of
Georgia Annotated, relating to powers and duties of the Secretary of
State, so as to provide for the fee of the Secretary of State for
accepting service of process; to conform other provisions of the
Official Code of Georgia Annotated, relating to the fee of the Secre-
tary of State for accepting service of process; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 13 of Title 45 of the Official
Code of Georgia Annotated, relating to powers and duties of the
Secretary of State, is amended by striking Code Section 45-13-26,
relating to the designation of employees of the Secretary of State as
agents to accept service of process, in its entirety and inserting in lieu
thereof a new Code Section 45-13-26 to read as follows:
45-13-26. (a) The Secretary of State is authorized to desig-
nate one or more of his employees as an agent for accepting service of
summons or other process under any statute providing for service of
summons or other process upon the Secretary of State or the commis-
sioner of securities. Such designation shall be in writing, and all acts
relative to such service by any such designee shall be as valid and
binding as though performed in person by the Secretary of State or
the commissioner of securities, as the case may be. The power and
authority of any such designee shall cease immediately upon such
designee ceasing to be an employee of the Secretary of State.
(b) The Secretary of State shall charge and collect a fee of $10.00
for accepting any service of summons or other process under any
statute providing for such service upon the Secretary of State.
GEORGIA LAWS 1983 SESSION
1475
Section 2. Code Section 40-12-2, relating to service of process
on a nonresident motorist, is amended by striking said Code section in
its entirety and inserting in lieu thereof a new Code Section 40-12-2 to
read as follows:
40-12-2. Service of process upon a nonresident pursuant to
Code Section 40-12-1 shall be made by leaving two copies of the
complaint or other pleading with summons attached thereto, with a
fee of $10.00 for each defendant, in the hands of the Secretary of
State, his duly authorized agent, or his successor in office. Such
service shall be sufficient service upon any such nonresident provided
that notice of such service and a copy of the complaint and process are
forthwith sent by registered or certified mail by the plaintiff or the
Secretary of State, his agent, or his successor in office, to the
defendant, if his address be known, and the defendants return
receipt and the plaintiffs affidavit of compliance with this Code
section are appended to the summons or other process and filed with
the summons, complaint, and other papers in the case in the court
wherein the action is pending. The Secretary of State shall not accept
any complaint or other pleading for service under this Code section
unless two copies thereof, or one copy with 500 per page for photostat-
ing the other copy, are filed in his office.
Section 3. Code Section 43-1-15, relating to itinerant enter-
tainers, is amended by striking paragraph (1) of subsection (a) in its
entirety and inserting in lieu thereof a new paragraph (1) to read as
follows:
(1) Designate a resident of this state as agent and lawful
attorney in fact upon whom may be served all summons or other
lawful processes in any action or proceeding against such carnival,
circus, road show, tent show, or other itinerant show or itinerant
entertainment for any action arising as a result of its appearance in
this state. The name and address of such resident agent shall be filed
with the judge of the probate court of each county in which such
carnival, circus, or show is to be held. If no resident agent has been
designated, the Secretary of State shall become such agent with all
the foregoing authority, and service of such process shall be made by
leaving two copies of the petition with process attached thereto, with
a fee of $10.00 for each defendant, in the hands of the Secretary of
State or an employee in his office designated by the Secretary of State
as an agent to receive service in his name, or his successor in office,
and such service shall be sufficient service upon any such carnival,
1476
GENERAL ACTS AND RESOLUTIONS, VOL. I
circus, or show; provided, that notice of such service and a copy of the
petition and process are forthwith sent by registered or certified mail
by the plaintiff or Secretary of State or his agent to the defendant, if
its address is known, and that the defendants return receipt and the
plaintiffs affidavit of compliance herewith are appended to the
summons or other process and are filed with said summons, petition,
and other papers in the case in the court in which the action is
pending. The Secretary of State shall not accept any petition or other
pleading for service hereunder unless two copies thereof, or one copy
with 50<: per page for photostating the other copy, is filed in his
office;.
Section 4. Code Section 46-3-502, relating to fees of the Secre-
tary of State, is amended by striking paragraph (3) in its entirety and
inserting in lieu thereof a new paragraph (3) to read as follows:
(3) At the time of any service of process on him as resident
agent of an electric membership corporation or foreign electric coop-
erative, $10.00, which amount may be recovered as taxable costs by
the party to the action causing such service to be made if such party
prevails in the action.
Section 5. Code Section 46-7-17, relating to designation and
maintenance of agents for service on nonresident motor common
carriers, is amended by striking subsection (a) in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) Each nonresident motor common carrier shall, before any
certificate or other authority is issued to it under this article or at the
time of registering as required by Code Section 46-7-16, designate and
maintain in this state an agent or agents upon whom may be served all
summonses or other lawful processes in any action or proceeding
against such motor common carrier growing out of its carrier opera-
tions; and service of process upon or acceptance or acknowledgment
of such service by any such agent shall have the same legal force and
validity as if duly served upon such nonresident carrier personally.
Such designation shall be in writing, shall give the name and address
of such agent or agents, and shall be filed in the office of the
commission. Upon failure of any nonresident motor common carrier
to file such designation with the commission or to maintain such an
agent in this state at the address given, such nonresident carrier shall
be conclusively deemed to have designated the Secretary of State and
his successors in office as such agent; and service of process upon or
GEORGIA LAWS 1983 SESSION
1477
acceptance or acknowledgment of such service by the Secretary of
State shall have the same legal force and validity as if duly served
upon such nonresident carrier personally, provided that notice of
such service and a copy of the process are immediately sent by
registered or certified mail by the Secretary of State or his successor
in office to such nonresident carrier, if its address be known. Service
of such process upon the Secretary of State shall be made by
delivering to his office two copies of such process with a fee of $10.00.
Section 6. Code Section 46-7-62, relating to designation and
maintenance of agents for service on nonresident motor contract
carriers, is amended by striking subsection (a) in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) Each nonresident motor carrier shall, before any certificate
or other authority is issued to it under this article or at the time of
registering as required by Code Section 46-7-61, designate and main-
tain in this state an agent or agents upon whom may be served all
summonses or other lawful processes in any action or proceeding
against such motor carrier growing out of its carrier operations; and
service of process upon or acceptance or acknowledgment of such
service by any such agent shall have the same legal force and validity
as if duly served upon such nonresident carrier personally. Such
designation shall be in writing, shall give the name and address of
such agent or agents, and shall be filed in the office of the commission.
Upon failure of any nonresident motor carrier to file such designation
with the commission or to maintain such an agent in this state at the
address given, such nonresident carrier shall be conclusively deemed
to have designated the Secretary of State and his successors in office
as such agent; and service of process upon or acceptance or acknowl-
edgment of such service by the Secretary of State shall have the same
legal force and validity as if duly served upon such nonresident carrier
personally, provided that notice of such service and a Copy of the
process are immediately sent by registered or certified mail by the
Secretary of State or his successor in office to such nonresident
carrier, if its address be known. Service of such process upon the
Secretary of State shall be made by delivering to his office two copies
of such process with a fee of $10.00.
Section 7. Code Section 53-13-121, relating to procedure for
service upon Secretary of State, is amended by striking said Code
section in its entirety and inserting in lieu thereof a new Code Section
53-13-121 to read as follows:
1478
GENERAL ACTS AND RESOLUTIONS, VOL. I
53-13-121. If a foreign trustee of real property in this state fails
to designate some person or persons who may be found and served
with notice, summons, or process in this state, service of summons,
notice, or process shall be made upon the trustee by leaving two
copies of the petition or other pleading, with process attached thereto
and a fee of $10.00 for each defendant, in the hands of the Secretary of
State. The service shall be sufficient service upon the nonresident
trustee, provided that notice of the service and a copy of the petition
and process is forthwith sent by registered or certified mail by the
plaintiff or the Secretary of State or his agent to the trustee, in the
state where the trustee resides, and the return receipt and the
affidavit of the plaintiff or the Secretary of State as to compliance
with this Code section are appended to the summons or other process
and filed with the summons, petition, and other papers in the court
where the action is pending. The Secretary of State shall not accept
any petition or other pleading for service under this Code section
unless two copies thereof or one copy with 50<t per page for photostat-
ing the other copy are filed in his office.
Section 8. Code Section 53-16-5, relating to service of process
on Secretary of State, is amended by striking subsection (a) in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) Every foreign corporation acting in a fiduciary capacity in
this state pursuant to the terms of this chapter shall be deemed to
have appointed the Secretary of State to be its true and lawful
attorney upon whom may be served all legal process in any action or
proceeding against it relating to or growing out of any trust, estate, or
matter in respect of which the foreign corporation has acted in this
state in any fiduciary capacity. Service of process shall be made by
delivering two copies for each defendant of the summons or other
process, with two copies of the petition or complaint, when service of
such copies is required by law, accompanied by a fee of $10.00, to the
Secretary of State or to any person in his office authorized by him to
receive the service. The Secretary of State shall immediately forward
the process, together with the copy of the petition or complaint, if
any, to the foreign corporation, by registered or certified mail,
addressed to it at the address on file with the Secretary of State or, if
it is not on file, then at its last known address. The Secretary of State
shall not accept any petition or other pleading for service under this
Code section unless two copies thereof, or one copy with 50<t per page
for photostating the other copy, is filed in his office.
GEORGIA LAWS 1983 SESSION
1479
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
CORPORATIONS # REGISTERED NAMES
FILING FEES, ETC.
Code Title 14, Chapters 2 and 3 Amended.
No. 547 (House Bill No. 373).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, so as to
provide that the corporate name of a profit corporation shall not
exceed 80 characters, including spaces and punctuation; to provide
that any foreign corporation intending to file an application for a
certificate of authority to transact business or conduct affairs in this
state may register its corporate name under the laws of Georgia if the
name is available for use in this state; to provide for the method of
registration; to change the registration fee; to provide that a corpora-
tion may renew its registration for one year; to change the renewal fee;
to authorize the Secretary of State to grant extensions under certain
conditions; to clarify the method of adopting articles of amendment;
to clarify the method of adopting restated articles of incorporation; to
provide that articles of incorporation may be amended in as many
respects as may be necessary or appropriate to carry out a plan of
reorganization of a corporation which has been confirmed by decree
or order of a court of competent jurisdiction; to provide for the
contents, filing, and effective date of articles of amendment in a plan
of reorganization of a corporation approved by decree or order of a
court of competent jurisdiction; to clarify the method of adopting
articles of merger or consolidation; to clarify the method in which a
corporation may be voluntarily dissolved; to provide that the corpo-
1480
GENERAL ACTS AND RESOLUTIONS, VOL. I
rate name of a foreign corporation may not exceed 80 characters,
including spaces and punctuation; to change the contents of the
application required to be filed by a foreign corporation for a certifi-
cate of authority to transact business; to provide that a certificate
issued by an authorized officer of the jurisdiction in which foreign
profit and nonprofit corporations are incorporated attesting to the
legal existence of the corporation shall be delivered to the Secretary of
State for filing together with the application for a certificate of
authority; to provide that restated articles of incorporation of foreign
profit and nonprofit corporations shall be filed with the Secretary of
State together with a certificate issued by the appropriate official of
its jurisdiction of incorporation attesting to the occurrence of such
event; to provide that foreign profit and nonprofit corporations which
are parties to a statutory merger shall file with the Secretary of State
a certificate issued by the proper officer of the jurisdiction of its
incorporation attesting to the occurrence of such event; to provide for
the issuance of a certificate of withdrawal by the Secretary of State to
the nonsurviving foreign profit or nonprofit corporation when two
corporations are merged; to provide that the authority of the nonsur-
viving corporation to transact business shall cease when the certifi-
cate of withdrawal is issued; to provide that foreign profit and
nonprofit corporations which are merged or consolidated with
another foreign corporation not authorized to transact business in
Georgia or its successor, receiver, or the trustee shall deliver to the
Secretary of State for filing a certificate of the appropriate official of
its jurisdiction of incorporation attesting to the occurrence of any
such event; to provide for the filing of an annual registration by each
domestic and foreign profit and nonprofit corporation; to provide for
the contents of annual registrations; to provide for the dates during
which the initial and subsequent annual registrations must be filed
with the Secretary of State; to change the various fees charged and
collected by the Secretary of State; to provide for other matters
relative to the foregoing; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, is amended
by striking subsection (a) of Code Section 14-2-40, relating to corpo-
rate names generally, in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
GEORGIA LAWS 1983 SESSION
1481
(a) The corporate name shall be written in Roman or cursive
letters or in Arabic or Roman numerals and:
(1) Shall contain the word corporation, company, incor-
porated, or limited or shall contain an abbreviation of one of
such words;
(2) Shall not contain any word or phrase which indicates or
implies:
(A) That the corporation is organized for any purpose
other than one or more of the purposes permitted by its
articles of incorporation;
(B) That the corporation is organized by, affiliated
with, or sponsored by any fraternal, veterans, service, reli-
gious, charitable, or professional organization, unless that
fact is certified in writing in a manner satisfactory to the
Secretary of State by the organization with which affiliation
or sponsorship is claimed; or
(C) Anything which, in the reasonable judgment of the
Secretary of State, is obscene;
(3) Shall not be the same as or confusingly similar to:
(A) The name of any corporation, whether for profit or
not for profit, existing under the laws of this state;
(B) The name of any foreign corporation, whether for
profit or not for profit, authorized to transact business or
conduct affairs in this state;
(C) A name to which the exclusive right is, at the time,
reserved in the manner provided in Code Section 14-2-41 or in
Chapter 3 of this title;
(D) The name of a corporation which has in effect a
registration of its corporate name as provided in Code Section
14-2-42; or
(E) Any name prohibited by any other law of this state;
and
1482
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Shall not in any instance exceed 80 characters, including
spaces and punctuation.
Section 2. Said title is further amended by striking Code Section
14-2-42, relating to registration of corporate names by foreign corpo-
rations, in its entirety and substituting in lieu thereof a new Code
Section 14-2-42 to read as follows:
14-2-42. (a) Any foreign corporation intending to file an
application for a certificate of authority to transact business or
conduct affairs in this state may register its corporate name under
this chapter, provided its corporate name is available for use in this
state in accordance with Code Section 14-2-312.
(b) Such registration shall be made by:
(1) Filing with the Secretary of State:
(A) An application for registration, executed on behalf
of the corporation by an officer thereof, setting forth the
name of the corporation, the name of the jurisdiction under
the laws of which it is incorporated, the date of its incorpora-
tion, and a statement of the business in which it is engaged on
a form prescribed by the Secretary of State; and
(B) A certificate of status from its jurisdiction of incor-
poration executed by the secretary of state of such jurisdic-
tion or by such other official as may have custody of the
records pertaining to corporations; and
(2) Paying to the Secretary of State a registration fee of
$20.00.
(c) Such registration shall be effective until the close of the
calendar year in which the application for registration is filed.
(d) The Secretary of State may revoke any registration if, after a
hearing in his office, he finds that the application therefor or any
renewal thereof was not made in good faith.
Section 3. Said title is further amended by striking Code Section
14-2-43, relating to the renewal of registered corporate names, in its
entirety and substituting in lieu thereof a new Code Section 14-2-43
to read as follows:
GEORGIA LAWS 1983 SESSION
1483
14-2-43. (a) A corporation which has in effect a registration of
its corporate name may renew such registration for one year by filing
an application for renewal setting forth the facts required to be set
forth in an original application for registration and a certificate of
status as required for the original registration and by paying a fee of
$20.00.
(b) An extension of this period may be granted by the Secretary
of State for good cause shown. A renewal application may be filed
between June 1 and December 31 of the year of the original registra-
tion and shall extend the registration for the following calendar year.
Section 4. Said title is further amended by striking paragraph
(4) of subsection (a) of Code Section 14-2-193, relating to the content
of articles of amendment, in its entirety and substituting in lieu
thereof a new paragraph (4) to read as follows:
(4) (A) The number of shares which must be voted to adopt
the amendment, the number of shares outstanding and entitled to
vote, and the number of shares voted for the amendment and, if
the shares of any class are entitled to vote thereon as a class, the
designation and number of shares of each such class which must
be voted to adopt the amendment, the designation and number of
outstanding shares of each such class entitled to vote, and the
number of shares of each such class voted for the amendment; or
(B) The statement that the amendment was adopted by the
unanimous vote of all shareholders or by unanimous written
consent of all shareholders;.
Section 5. Said title is further amended by striking paragraph
(6) of subsection (d) of Code Section 14-2-196, relating to restated
articles of incorporation, in its entirety and substituting in lieu
thereof a new paragraph (6) to read as follows:
(6) If the restatement was authorized by the shareholders:
(A) The number of shares which must be voted to adopt the
restatement, the number of shares outstanding and entitled to
vote, and the number of shares voted for the restatement and, if
the shares of any class are entitled to vote thereon as a class, the
designation and number of shares of each such class which must
be voted to adopt the restatement, the designation and number of
1484
GENERAL ACTS AND RESOLUTIONS, VOL. I
outstanding shares of each such class entitled to vote, and the
number of shares of each such class voted for the restatement; or
(B) The statement that the restatement was adopted by the
unanimous vote of all shareholders or by unanimous written
consent of all shareholders; and.
Section 6. Said title is further amended by adding a new Code
Section 14-2-197 at the end of Article 9, relating to amendments of
articles of incorporation, to read as follows:
14-2-197. (a) Whenever a plan of reorganization of a corpora-
tion has been confirmed by decree or order of a court of competent
jurisdiction in proceedings for the reorganization of such corporation,
pursuant to the provisions of any applicable statute of the United
States or of this state relating to reorganizations of corporations, the
articles of incorporation of the corporation may be amended, in the
manner provided in this Code section, in as many respects as may be
necessary or appropriate to carry out the plan and put it into effect, so
long as the articles of incorporation as amended contain only such
provisions as might be lawfully contained in original articles of
incorporation at the time of making such amendment.
(b) In particular and without limitation upon such general
power of amendment, the articles of incorporation may be amended
for such purpose so as to:
(1) Change the corporate name, period of duration, or cor-
porate purposes of the corporation;
(2) Repeal, alter, or amend the bylaws of the corporation;
(3) Change the aggregate number of shares or shares of any
class, or series thereof, which the corporation has authority to
issue;
(4) Change the preferences, limitations, and relative rights
in respect to all or any part of the shares of the corporation and
classify, reclassify, or cancel all or any part thereof, whether issued
or unissued;
(5) Authorize the issuance and fix the terms and conditions
of bonds, debentures, or other obligations of the corporation
GEORGIA LAWS 1983 SESSION
1485
which may be convertible into shares of any class or series thereof
or which may bear warrants or other evidences of optional rights
to purchase or subscribe for shares of any class or series thereof;
and
(6) Constitute or reconstitute and classify or reclassify the
board of directors of the corporation and appoint directors or
officers or both in place of or in addition to all or any of the
directors or officers then in office.
(c) Amendments to the articles of incorporation pursuant to this
Code section shall be made in the following manner:
(1) Articles of amendment approved by decree or order of
such court shall be executed by such person or persons as the court
shall designate or appoint for such purpose. Such articles of
amendment shall set forth the name of the corporation, the
amendments of the articles of incorporation approved by the
court, the date of the decree or order approving the articles of
amendment, the title of the proceedings in which the decree or
order was entered, and a statement that such decree or order was
entered by a court having jurisdiction of the proceedings for the
reorganization of the corporation pursuant to the provisions of an
applicable statute of the United States or of this state; and
(2) Such articles of amendment shall be filed as provided in
Code Section 14-2-194.
(d) The amendment shall become effective and the articles of
incorporation shall be deemed to be amended accordingly, as pro-
vided in subsection (a) of Code Section 14-2-195, or upon such later
date, on or after the time of the delivery to the Secretary of State, as
may be provided in the articles of amendment in accordance with the
court order, without any action thereon by the directors or sharehold-
ers of the corporation and with the same effect as if the amendments
had been adopted by unanimous action of the directors and share-
holders of the corporation.
Section 7. Said title is further amended by striking paragraph
(2) of subsection (a) of Code Section 14-2-213, relating to articles of
merger or consolidation, in its entirety and substituting in lieu thereof
a new paragraph (2) to read as follows:
1486
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) As to each consolidating corporation and as to each merging
corporation the shareholders of which voted on such plan:
(A) A statement of the number of shares which must be
voted to adopt the plan of merger or consolidation, the number of
shares outstanding and entitled to vote, and the number of shares
voted for the plan and, if the shares of any class are entitled to vote
thereon as a class, the designation and number of shares of each
such class which must be voted to adopt the plan, the designation
and number of outstanding shares of each such class entitled to
vote, and the number of shares of each such class voted for the
plan; or
(B) The statement that the plan was adopted by the unani-
mous vote of all the shareholders or by unanimous written consent
of all shareholders;.
Section 8. Said title is further amended by striking subpara-
graph (E) of paragraph (4) of Code Section 14-2-273, relating to
voluntary dissolution by act of corporation, in its entirety and substi-
tuting in lieu thereof a new subparagraph (E) to read as follows:
(E) (i) The number of shares which must be voted to adopt
the resolution to dissolve the corporation, the number of shares
outstanding and entitled to vote, and the number of shares voted
for the resolution and, if the shares of any class are entitled to vote
thereon as a class, the designation and number of shares of each
such class which must be voted to adopt the resolution, the
designation and number of outstanding shares of each such class
entitled to vote, and the number of shares of each such class voted
for the resolution; or
(ii) The statement that the resolution was adopted by the
unanimous vote of all shareholders or by unanimous written
consent of all shareholders.
Section 9. Said title is further amended by striking subsection
(a) of Code Section 14-2-312, relating to corporate names generally, in
its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) No certificate of authority shall be issued to a foreign
corporation unless the corporate name shall be written in Roman or
cursive letters or Arabic or Roman numerals and:
GEORGIA LAWS 1983 SESSION
1487
(1) Shall contain the word corporation, company, incor-
porated, or limited or shall contain an abbreviation of one of
such words;
(2) Shall not contain any word or phrase which indicates or
implies:
(A) That the corporation is organized for any purpose
other than one or more of the purposes permitted by its
articles of incorporation; or
(B) That the corporation is organized by, affiliated
with, or sponsored by any fraternal, veterans, service, reli-
gious, charitable, or professional organization unless that fact
is certified in writing in a manner satisfactory to the Secretary
of State by the organization with which affiliation or sponsor-
ship is claimed;
(3) Shall not be the same as or confusingly similar to:
(A) The name of any corporation, whether for profit or
not for profit, existing under the laws of this state;
(B) The name of any foreign corporation, whether for
profit or not for profit, authorized to transact business in this
state;
(C) A name the exclusive right to which is, at the time,
reserved in the manner provided in Code Section 14-2-41 or in
Chapter 3 of this title;
(D) The name of a corporation which has in effect a
registration of its corporate name as provided in Code Section
14-2-42 or a renewal thereof as provided in Code Section 14-2-
43; or
(E) Any name prohibited by any other law of this state;
and
(4) Shall not in any instance exceed 80 characters, including
spaces and punctuation.
1488
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 10. Said title is further amended by striking Code
Section 14-2-314, relating to applications for certificates of authority
to transact business in state, in its entirety and substituting in lieu
thereof a new Code Section 14-2-314 to read as follows:
14-2-314. (a) A foreign corporation, in order to procure a
certificate of authority to transact business in this state, shall make
application therefor to the Secretary of State, which application shall
set forth:
(1) The name of the corporation and the jurisdiction under
the laws of which it is incorporated;
(2) If the name of the corporation does not comply with
Code Section 14-2-312 relating to the corporate name, then the
name of the corporation with the word or abbreviation or other
distinctive and distinguishing element which it elects to add
thereto for use in this state;
(3) The date of incorporation and the period of duration of
the corporation;
(4) The address of the principal office or registered office of
the corporation in the jurisdiction under the laws of which it is
incorporated;
(5) The address and county of the proposed registered office
of the corporation in this state and the name of its proposed
registered agent or agents in this state at such address;
(6) A brief statement of the purpose or purposes of the
corporation which it proposes to pursue in the transaction of
business in this state;
(7) The names and respective addresses of the four princi-
pal officers of the corporation;
(8) A statement, expressed in dollars, of the amount of
stated capital of the corporation, as defined in paragraph (14) of
Code Section 14-2-2;
(9) The date which the corporation commenced or proposes
to commence business in this state;
GEORGIA LAWS 1983 SESSION
1489
(10) Such additional information as may be necessary or
appropriate in order to enable the Secretary of State to determine
whether such corporation is entitled to a certificate of authority to
transact business in this state; and
(11) The application shall be accompanied by a consent to
appointment as registered agent, as provided for in subsection (c)
of Code Section 14-2-317.
(b) Such application shall be made on forms prescribed and
furnished by the Secretary of State and shall be executed by the
corporation by its president or a vice-president or by its secretary or
an assistant secretary.
Section 11. Said title is further amended by striking Code
Section 14-2-315, relating to filing applications for certificates of
authority and issuance of certificates, in its entirety and substituting
in lieu thereof a new Code Section 14-2-315 to read as follows:
14-2-315. (a) The application of the corporation for a certifi-
cate of authority shall be delivered to the Secretary of State for filing
as provided in Code Section 14-2-5, together with a certificate. The
certificate shall be issued by an authorized officer of the jurisdiction
in which the corporation is incorporated and shall attest to the
corporations legal existence as of a date within 90 days of the date the
application is filed under this Code section. If such original certifi-
cate is in a foreign language, a translation into English verified by the
translator of the original shall be attached thereto.
(b) Upon filing said application, the Secretary of State shall
issue and deliver to the corporation or its representative a certificate
of authority to transact business in this state.
Section 12. Said title is further amended by striking Code
Section 14-2-320, relating to amendment of articles of incorporation,
in its entirety and substituting in lieu thereof a new Code Section 14-
2-320 to read as follows:
14-2-320. Whenever the articles of incorporation of a foreign
corporation authorized to transact business in this state are amended
or restated, such foreign corporation, within 30 days after such
amendment or restatement becomes effective, shall file in the office
of the Secretary of State a certificate issued by the appropriate
1490
GENERAL ACTS AND RESOLUTIONS, VOL. I
official of its jurisdiction of incorporation, duly certified, attesting to
the occurrence of such event, together with a translation into English
verified by the translator if the original certificate is written in a
foreign language; but the filing thereof shall not of itself enlarge or
alter the purpose or purposes which such corporation is authorized to
pursue in the transaction of business in this state nor authorize such
corporation to transact business in this state under any other name
than the name set forth in its certificate of authority.
Section 13. Said title is further amended by striking Code
Section 14-2-321, relating to merger, in its entirety and substituting
in lieu thereof a new Code Section 14-2-321 to read as follows:
14-2-321. (a) Whenever a foreign corporation authorized to
transact business in this state shall be a party to a statutory merger
permitted by the laws of its jurisdiction of incorporation and such
corporation shall be the surviving corporation, it shall, within 30 days
after such merger becomes effective, file with the Secretary of State a
certificate issued by the proper officer of the jurisdiction of its
incorporation attesting to the occurrence of such event, together with
a translation into English verified by the translator if the original
certificate is written in a foreign language. It shall not be necessary
for such corporation to procure either a new or amended certificate of
authority to transact business in this state unless the name of such
corporation is changed thereby or unless the corporation desires to
pursue in this state other or additional purposes than those which it is
then authorized to transact in this state.
(b) The compliance with subsection (a) of this Code section by
the surviving foreign corporation authorized to transact business in
this state shall have the same effect as the filing of an application for
withdrawal on behalf of the nonsurviving corporation; and the Secre-
tary of State shall issue a certificate of withdrawal for such nonsurviv-
ing corporation, which certificate shall be returned to the nonsurviv-
ing corporation or its representative. Upon the issuance of such
certificate of withdrawal, the authority of that nonsurviving corpora^
tion to transact business in this state shall cease.
Section 14. Said title is further amended by striking subsection
(a) of Code Section 14-2-325, relating to termination of corporate
existence, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
GEORGIA LAWS 1983 SESSION
1491
(a) When a foreign corporation authorized to transact business
in this state is dissolved or its authority or existence is otherwise
terminated or canceled in its jurisdiction of incorporation or when
such foreign corporation is merged into or consolidated with another
foreign corporation not authorized to transact business in this state,
the corporation or its successor, receiver, or trustee shall deliver for
filing with the Secretary of State a certificate of the appropriate
official of its jurisdiction of incorporation attesting to the occurrence
of any such event or an order or decree of a court of such jurisdiction
directing the dissolution of such foreign corporation, the termination
of its existence, or the cancellation of its authority, together with a
statement of the post office address to which the Secretary of State
may mail a copy of any process against the corporation that may be
served on him.
Section 15. Said title is further amended by striking Code
Section 14-2-350, relating to annual reports required of domestic and
foreign corporations, in its entirety and substituting in lieu thereof a
new Code Section 14-2-350 to read as follows:
14-2-350. (a) Each domestic corporation and each foreign
corporation authorized to transact business in this state shall file,
within the time prescribed by Code Section 14-2-351, an annual
registration setting forth:
(1) The name of the corporation and the jurisdiction under
the laws of which it is incorporated;
(2) The address and county of the registered office of the
corporation in this state, the name of its registered agent or agents
in this state at such address, and, in the case of a foreign corpora-
tion, the address of its principal office or registered office in the
jurisdiction under the laws of which it is incorporated;
(3) The names and respective addresses of the three princi-
pal officers of the corporation; and
(4) Such additional information as may be necessary or
appropriate as determined by the Secretary of State for the
performance of his duties under this chapter.
(b) Such annual registration shall be made on forms prescribed
by the Secretary of State, and the information therein contained shall
1492
GENERAL ACTS AND RESOLUTIONS, VOL. I
be given as of the date of the execution of the registration. The
Secretary of State shall mail such registration forms to the last known
address of each corporation; however, the failure of any corporation to
receive such forms shall not relieve that corporation of its responsibil-
ity to obtain, complete, and file the appropriate forms with the
Secretary of State. In the event a corporation has not registered
within two previous calendar years, the Secretary of State shall not be
required to mail to such corporation the required forms. The registra-
tion shall be executed by the corporation by its president, a vice-
president, secretary, an assistant secretary, treasurer, or an assistant
treasurer, or, if the corporation is in the hands of a receiver or trustee,
the registration shall be executed on behalf of the corporation by such
receiver or trustee.
(c) Failure to hold an organizational meeting or to commence
business shall not relieve a corporation of its duty to Hie an annual
registration. Such registration shall be made on the same forms
prescribed by subsection (b) of this Code section, shall be executed by
the incorporator or one of the initial directors, and shall set forth:
(1) That the corporation has not held its organizational
meeting or commenced business in this state;
(2) The name of the corporation and the jurisdiction under
the laws of which it is incorporated;
(3) The address and county of the registered office in this
state and the name of its registered agent or agents in this state at
such address and, in the case of a foreign corporation, the address
of its principal office or registered office in the jurisdiction under
the laws of which it is incorporated;
(4) The names and respective addresses of the incorporators
or directors; and
(5) Such additional information as may be necessary or
appropriate as determined by the Secretary of State for the
performance of his duties under this title.
Section 16. Said title is further amended by striking Code
Section 14-2-351, relating to period for filing annual reports and
correction of annual reports, in its entirety and substituting in lieu
thereof a new Code Section 14-2-351 to read as follows:
GEORGIA LAWS 1983 SESSION
1493
14-2-351. (a) The annual registration of a domestic or foreign
corporation shall be delivered to the Secretary of State between
January 1 and April 1 of each year, except that the initial annual
registration of a foreign corporation shall be filed between January 1
and April 1 of the year next succeeding the calendar year in which its
certificate of authority was issued by the Secretary of State. The
initial annual registration of a domestic corporation shall be filed
within 90 days after the day its articles of incorporation are delivered
to the Secretary of State for filing, except that the initial annual
registration of a domestic corporation whose articles of incorporation
are delivered to the Secretary of State for filing subsequent to
October 1 shall be filed between January 1 and April 1 of the year next
succeeding the calendar year in which its certificate of incorporation
was issued by the Secretary of State. Proof to the satisfaction of the
Secretary of State that prior to 12:00 Midnight on the last day of such
filing period such annual registration was deposited in the United
States mail in a sealed envelope, properly addressed, with first class
postage prepaid, shall be deemed a compliance with this requirement.
(b) If the Secretary of State finds that such annual registration
conforms to the requirements of this chapter, he shall file the same. If
he finds that it does not so conform, he shall promptly return the
same to the corporation for any necessary corrections, in which event
the penalties prescribed in this chapter for failure to file such annual
registration within the time provided in subsection (a) of this Code
section shall not apply, if such annual registration is corrected to
conform to the requirements of this chapter and returned to the
Secretary of State within one calendar month from the date it was
returned to the corporation.
Section 17. Said title is further amended by striking Code
Section 14-2-371, relating to fees for filing documents and issuing
certificates, in its entirety and substituting in lieu thereof a new Code
Section 14-2-371 to read as follows:
14-2-371. The Secretary of State shall charge and collect for:
(1) Filing articles of incorporation and issuing
a certificate of incorpora-
tion .....................................$20.00
1494
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Filing articles of amendment and issuing a
certificate of amendment......
20.00
(3) Filing restated articles of incorporation and
issuing a certificate of restated
articles................. 20.00
(4) Filing articles of merger or consolidation
and issuing a certificate of
merger or consolidation... 25.00
(5) Filing an application to
reserve a corporate
name........................... 10.00
(6) Filing an application to reserve a corporate
name for a period of five years
pursuant to subsection (c) of
Code Section 14-2-41.... 30.00
(7) Filing a notice of transfer of a reserved
corporate name........................ 10.00
(8) Filing a statement of change of address of
registered office or change
of registered agent, or
both....,....................... 5.00
(9) Filing a statement of the establishment of a
series of shares or a statement
changing the number of
shares included in a
series......I................. 15.00
(10) Filing a statement of cancellation of
shares.................................. 15.00
GEORGIA LAWS 1983 SESSION
1495
(11) Filing a statement of
reduction of stated
capital..................... 15.00
(12) Filing a statement of intent to dissolve..
10.00
(13) Filing a statement of revocation of volun-
tary dissolution proceedings.....
10.00
(14) Filing articles of dissolution.... 20.00
(15) Filing an application of a foreign corpora-
tion for a certificate of authority
to transact business in this state
and issuing a
certificate of
authority...................... 150.00
(16) Filing an application of a foreign corpora-
tion for an amended certificate
of authority to transact business
in this state and issuing an
amended
certificate of
authority...................... 30.00
(17) Filing a certificate of amendment or a cer-
tificate of restatement of the
articles of incorporation of a for-
eign corporation holding a certif-
icate of authority to transact
business in this state... 15.00
(18) Filing a certificate of merger of a foreign
corporation holding a certificate
1496
GENERAL ACTS AND RESOLUTIONS, VOL. I
of authority to transact business
in this state........... 25.00
(19) Filing an application for withdrawal of a
foreign corporation and issuing a
certificate of
withdrawal.................... 15.00
(20) Filing an application to register a foreign
corporate name.......... 15.00
(21) Filing an application to renew a registered
name of a foreign corporation...
15.00
(22) Filing an application of a foreign or domes-
tic corporation for a certificate of
reinstatement and issuing a cer-
tificate of reinstatement.......
25.00
(23) Filing any other statement or report, except
annual registration, of a domes-
tic or foreign corporation......
10.00
(24) Filing annual registration of a domestic or
foreign corporation....................... 10.00
Section 18. Said title is further amended by striking Code
Section 14-2-372, relating to miscellaneous charges, in its entirety and
substituting in lieu thereof a new Code Section 14-2-372 to read as
follows:
14-2-372. The Secretary of State shall charge and collect:
(1) For furnishing a certified copy of any docu-
ment, instrument, or paper relating
to a corporation, 50$ per page; and
for the certificate
GEORGIA LAWS 1983 SESSION
1497
and affixing the seal
thereto........................$ 5.00
(2) For furnishing a certificate of search or a
certificate of status........................... 10.00
(3) At the time of any service of process on him as
resident agent of a corporation,
which amount may be recovered as
taxable costs by the party to the
action causing service to be made if
such party prevails in the action.
10.00
Section 19. Said title is further amended by striking subsection
(a) of Code Section 14-3-40, relating to corporate name generally, in
its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) The corporate name shall be written in Roman or cursive
letters or in Arabic or Roman numerals and:
(1) Shall contain the word corporation, company, incor-
porated, or limited or shall contain an abbreviation of one of
such words;
(2) Shall not contain any word or phrase which indicates or
implies:
(A) That the corporation is organized for any purpose
other than one or more of the purposes permitted by its
articles of incorporation;
(B) That the corporation is organized by, affiliated
with, or sponsored by any fraternal, veterans, service, reli-
gious, charitable, or professional organization, unless that
fact is certified in writing in a manner satisfactory to the
Secretary of State by the organization with which affiliation
or sponsorship is claimed; or
1498
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) Anything which, in the reasonable judgment of the
Secretary of State, is obscene;
(3) Shall not be the same as or confusingly similar to:
(A) The name of any corporation, whether for profit or
not for profit, existing under the laws of this state;
(B) The name of any foreign corporation, whether for
profit or not for profit, authorized to transact business or
conduct affairs in this state;
(C) A name to which the exclusive right is, at the time,
reserved in the manner provided in this chapter or in Chapter
2 of this title;
(D) The name of a corporation which has in effect a
registration of its corporate name as provided in Chapter 2 of
this title; or
(E) Any name prohibited by any other law of this state;
and
(4) Shall not in any instance exceed 80 characters, including
spaces and punctuation.
Section 20. Said title is further amended by striking subsection
(a) of Code Section 14-3-242, relating to corporate names generally, in
its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) No certificate of authority shall be issued to a foreign
corporation unless the corporate name shall be written in Roman or
cursive letters or in Arabic or Roman numerals and:
(1) Shall contain the word corporation, company, incor-
porated, or limited or shall contain an abbreviation of one of
such words;
(2) Shall not contain any word or phrase which indicates or
implies:
GEORGIA LAWS 1983 SESSION
1499
(A) That the corporation is organized for any purpose
other than one or more of the purposes permitted by its
articles of incorporation; or
(B) That the corporation is organized by, affiliated
with, or sponsored by any fraternal, veterans, service, reli-
gious, charitable, or professional organization unless that fact
is certified in writing in a manner satisfactory to the Secretary
of State by the organization with which affiliation or sponsor-
ship is claimed;
(3) Shall not be the same as or confusingly similar to:
(A) The name of any corporation, whether for profit or
not for profit, existing under the laws of this state;
(B) The name of any foreign corporation, whether for
profit or not for profit, authorized to transact business in this
state;
(C) A name to which the exclusive right is, at the time,
reserved in the manner provided in this chapter or in Chapter
2 of this title;
(D) The name of a corporation which has in effect a
registration of its corporate name as provided in the Georgia
Business Corporation Code; or
(E) Any name prohibited by any other law of this state;
and
(4) Shall not in any instance exceed 80 characters, including
spaces and punctuation.
Section 21. Said title is further amended by striking Code
Section 14-3-244, relating to applications for certificates of authority,
in its entirety and substituting in lieu thereof a new Code Section 14-
3-244 to read as follows:
14-3-244. (a) A foreign corporation, in order to procure a
certificate of authority to conduct affairs in this state, shall make
application therefor to the Secretary of State, which application shall
set forth:
1500
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The name of the corporation and the jurisdiction under
the laws of which it is incorporated;
(2) If the name of the corporation does not comply with
Code Section 14-3-242, relating to the corporate name, then the
name of the corporation with the word or abbreviation or other
distinctive and distinguishing element which it elects to add
thereto for use in this state;
(3) The date of incorporation and the period of duration of
the corporation;
(4) The address of the principal office or registered office of
the corporation in the jurisdiction under the laws of which it is
incorporated;
(5) The address and county of the proposed registered office
of the corporation in this state and the name of its proposed
registered agent or agents in this state at such address;
(6) A brief statement of the purpose or purposes of the
corporation which it proposes to pursue in the conduct of affairs in
this state;
(7) The names and respective addresses of the four princi-
pal officers of the corporation;
(8) The date which the corporation commenced or proposes
to commence conducting affairs in this state;
(9) Such additional information as may be necessary or
appropriate in order to enable the Secretary of State to determine
whether such corporation is entitled to a certificate of authority to
conduct affairs in this state; and
(10) The application shall be accompanied by a consent to
appointment as registered agent, as provided for in paragraph (2)
of subsection (a) of Code Section 14-3-247.
(b) Such application shall be made on forms prescribed and
furnished by the Secretary of State and shall be executed by the
corporation by its president or a vice-president or by its secretary or
an assistant secretary.
GEORGIA LAWS 1983 SESSION
1501
Section 22. Said title is further amended by striking Code
Section 14-3-245, relating to filing of applications for certificates of
authority and issuance of certificates, in its entirety and substituting
in lieu thereof a new Code Section 14-3-245 to read as follows:
14-3-245. (a) The application of the corporation for a certifi-
cate of authority shall be delivered to the Secretary of State for filing
as provided in Code Section 14-3-5, together with a certificate. The
certificate shall be issued by an authorized officer of the jurisdiction
in which the corporation is incorporated and shall attest to the
corporations legal existence as of a date within 90 days of the date the
application is filed under this Code section. If such original certifi-
cate is in a foreign language, a translation into English verified by the
translator of the original shall be attached thereto.
(b) Upon filing said application, the Secretary of State shall
issue and deliver to the corporation or its representative a certificate
of authority to conduct affairs in this state.
Section 23. Said title is further amended by striking Code
Section 14-3-250, relating to amendment of articles of incorporation,
in its entirety and substituting in lieu thereof a new Code Section 14-
3-250 to read as follows:
14-3-250. Whenever the articles of incorporation of a foreign
corporation authorized to conduct affairs in this state are amended or
restated, such foreign corporation, within 30 days after such amend-
ment or restatement becomes effective, shall file in the office of the
Secretary of State a certificate issued by the appropriate official of its
jurisdiction of incorporation, duly certified, attesting to the occur-
rence of such event, together with a translation into English verified
by the translator if the original certificate is written in a foreign
language; but the filing thereof shall not of itself enlarge or alter the
purpose or purposes which such corporation is authorized to pursue
in the conduct of affairs in this state, nor authorize such corporation
to conduct affairs in this state under any other name than the name
set forth in its certificate of authority.
Section 24. Said title is further amended by striking Code
Section 14-3-251, relating to merger, in its entirety and substituting
in lieu thereof a new Code Section 14-3-251 to read as follows:
1502
GENERAL ACTS AND RESOLUTIONS, VOL. I
14-3-251. (a) Whenever a foreign corporation authorized to
conduct affairs in this state shall be a party to statutory merger
permitted by the laws of its jurisdiction of incorporation and such
corporation shall be the surviving corporation, it shall, within 30 days
after such merger becomes effective, file with the Secretary of State a
certificate issued by the proper officer of the jurisdiction of its
incorporation to the occurrence of such event, together with a trans-
lation into English verified by the translator if the original certificate
is written in a foreign language. It shall not be necessary for such
corporation to procure either a new or amended certificate of author-
ity to conduct affairs in this state unless the name of such corporation
is changed thereby or unless the corporation desires to pursue in this
state other or additional purposes than those which it is then autho-
rized to pursue in this state.
(b) The compliance with subsection (a) of this Code section by
the surviving foreign corporation authorized to conduct affairs in this
state shall have the same effect as the filing of an application for
withdrawal on behalf of the merged corporation; and the Secretary of
State shall issue a certificate of withdrawal for such merged corpora-
tion, which certificate shall be returned to the merged corporation or
its representative. Upon the issuance of such certificate of with-
drawal, the authority of that merged corporation to conduct affairs in
this state shall cease.
Section 25. Said title is further amended by striking subsection
(a) of Code Section 14-3-254, relating to termination of corporate
existence, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) When a foreign corporation authorized to conduct affairs in
this state is dissolved or its authority or existence is otherwise
terminated or canceled in its jurisdiction of incorporation or when
such foreign corporation is merged into or consolidated with another
foreign corporation not authorized to conduct affairs or transact
business in this state, the corporation or its successor, receiver, or
trustee shall deliver for filing with the Secretary of State a certificate
of the appropriate official of its jurisdiction of incorporation attesting
to the occurrence of any such event or an order or decree of a court of
such jurisdiction directing the dissolution of such foreign corporation,
the termination of its existence, or the cancellation of its authority,
together with a statement of the post office address to which the
Secretary of State may mail a copy of any process against the
corporation that may be served on him.
GEORGIA LAWS 1983 SESSION
1503
Section 26. Said title is further amended by striking Code
Section 14-3-270, relating to annual reports required of domestic and
foreign corporations, in its entirety and substituting in lieu thereof a
new Code Section 14-3-270 to read as follows:
14-3-270. (a) Each domestic corporation and each foreign
corporation authorized to conduct affairs in this state shall file,
within the time prescribed by Code Section 14-3-271, an annual
registration setting forth:
(1) The name of the corporation and the jurisdiction under
the laws of which it is incorporated;
(2) The address and county of the registered office of the
corporation in this state, the name of its registered agent or agents
in this state at such address, and, in the case of a foreign corpora-
tion, the address of its principal office or registered office in the
jurisdiction under the laws of which it is incorporated;
(3) The names and respective addresses of the three princi-
pal officers of the corporation; and
(4) Such additional information as may be necessary or
appropriate as determined by the Secretary of State for the
performance of his duties under this chapter.
(b) Such annual registration shall be made on forms prescribed
by the Secretary of State, and the information therein contained shall
be given as of the date of the execution of the registration. The
Secretary of State shall mail such registration forms to the last known
address of each corporation; however, the failure of any corporation to
receive such forms shall not relieve that corporation of its responsibil-
ity to obtain, complete, and file the appropriate forms with the
Secretary of State. In the event a corporation has not registered
within two previous calendar years, the Secretary of State shall not be
required to mail to such corporation the required forms. The registra-
tion shall be executed by the corporation by its president, a vice-
president, secretary, an assistant secretary, treasurer, or an assistant
treasurer, or, if the corporation is in the hands of a receiver or trustee,
the registration shall be executed on behalf of the corporation by such
receiver or trustee.
1504
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Failure to hold an organizational meeting or to commence
business shall not relieve a corporation of its duty to file an annual
registration. Such registration shall be made on the same forms
prescribed by subsection (b) of this Code section, shall be executed by
the incorporator or one of the initial directors, and shall set forth:
(1) That the corporation has not held its organizational
meeting or commenced business in this state;
(2) The name of the corporation and the jurisdiction under
the laws of which it is incorporated;
(3) The address and county of the registered office in this
state and the name of its registered agent or agents in this state at
such address and, in the case of a foreign corporation, the address
of its principal office or registered office in the jurisdiction under
the laws of which it is incorporated;
(4) The names and respective addresses of the incorporators
or directors; and
(5) Such additional information as may be necessary or
appropriate as determined by the Secretary of State for the
performance of his duties under this title.
Section 27. Said title is further amended by striking Code
Section 14-3-271, relating to period for filing annual reports and
correction of annual reports, in its entirety and substituting in lieu
thereof a new Code Section 14-3-271 to read as follows:
14-3-271. (a) The annual registration of a domestic or foreign
corporation shall be delivered to the Secretary of State between
January 1 and April 1 of each year except that the initial annual
registration of a foreign corporation shall be filed between January 1
and April 1 of the year next succeeding the calendar year in which its
certificate of authority was issued by the Secretary of State. The
initial annual registration of a domestic corporation shall be filed
within 90 days after the day its articles of incorporation are delivered
to the Secretary of State for filing, except that the initial annual
registration of a domestic corporation whose articles of incorporation
are delivered to the Secretary of State for filing subsequent to
October 1 shall be filed between January 1 and April 1 of the year next
succeeding the calendar year in which its certificate of incorporation
GEORGIA LAWS 1983 SESSION
1505
was issued by the Secretary of State. Proof to the satisfaction of the
Secretary of State that prior to 12:00 Midnight on the last day of such
filing period such annual registration was deposited in the United
States mail in a sealed envelope, properly addressed, with first class
postage prepaid, shall be deemed a compliance with this requirement.
(b) If the Secretary of State finds that such annual registration
conforms to the requirements of this chapter, he shall file the same. If
he finds that it does not so conform, he shall promptly return the
same to the corporation for any necessary corrections, in which event
the penalties prescribed in this chapter for failure to file such annual
registration within the time provided in subsection (a) of this Code
section shall not apply, if such annual registration is corrected to
conform to the requirements of this chapter and returned to the
Secretary of State within one calendar month from the date it was
returned to the corporation.
Section 28. Said title is further amended by striking Code
Section 14-3-291, relating to fees for filing documents and issuing
certificates, in its entirety and substituting in lieu thereof a new Code
Section 14-3-291 to read as follows:
14-3-291. The Secretary of State shall charge and collect for:
(1) Filing articles of incorporation and issuing
a certificate of incorpora-
tion .....................$20.00
(2) Filing articles of amendment and issuing a
certificate of amendment... 20.00
(3) Filing restated articles of incorporation and
issuing a certificate of restated
articles.................. 20.00
(4) Filing articles of merger or consolidation
and issuing a certificate of
merger or consolidation... 25.00
1506
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Filing an application to
reserve a corporate
name................................ 10.00
(6) Filing an application to reserve a corporate
name for a period of five years
pursuant to subsection (c) of
Code Section 14-2-41.... 30.00
(7) Filing a notice of
transfer of a reserved
corporate name............... 10.00
(8) Filing a statement of change of address of
registered office or change
of registered agent, or
both..........................I 5.00
(9) Filing articles of
dissolution..................... 20.00
(10) Filing an application of a foreign corpora-
tion for a certificate of authority
to conduct affairs in this
state and issuing a
certificate of authority....... 50.00
(11) Filing an application of a foreign corpora-
tion for an amended certificate
of authority to conduct affairs in
this state and issuing an
amended certificate of author-
ity ..................... 30.00
(12) Filing a certificate of amendment or a cer-
tificate of restatement of the
GEORGIA LAWS 1983 SESSION
1507
articles of incorporation of a for-
eign corporation holding a certif-
icate of authority to transact
business in this state... 10.00
(13) Filing a certificate of merger of a foreign
corporation holding a certificate
of authority to conduct affairs in
this state................ 25.00
(14) Filing an application for withdrawal of a
foreign corporation and issuing a
certificate of
withdrawal......................... 15.00
(15) Filing an application to register a foreign
corporate name ..h,....... 15.00
(16) Filing an application to renew a registered
name of a foreign corporation...
15.00
(17) Filing an application of a foreign or domes-
tic corporation for a certificate of
reinstatement and issuing a cer-
tificate of reinstatement.......
25.00
(18) Filing any other statement or report, except
annual registration, of a domes-
tic or foreign corporation......
10.00
(19) Filing annual registration of a domestic or
foreign corporation...... 10.00
(20) Filing a statement of intent to dissolve a
nonprofit corporation.... 10.00
1508
GENERAL ACTS AND RESOLUTIONS, VOL. I
(21) Filing a statement of revocation of volun-
tary dissolution proceedings.....................
10.00
Section 29. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 1,1983.
GEORGIA CEMETERY ACT OF 1983.
Code Title 44, Chapter 3 Amended.
No. 548 (House Bill No. 115).
AN ACT
To amend Article 4 of Chapter 3 of Title 44 of the Official Code of
Georgia Annotated, relating to cemeteries, so as to provide for the
registration and regulation of cemeteries, dealers of burial merchan-
dise and services, and salespersons of burial lots, rights, merchandise,
or services; to define terms; to provide for the creation of trust funds
and to prescribe their use; to provide for the creation of a preneed
burial merchandise and services escrow account and to prescribe its
use; to provide for powers and duties of the Secretary of State; to
provide for certificates of registration and the revocation, suspension,
and renewal of such certificates; to provide for fees; to provide for
hearings, investigations, audits, and examinations; to provide for
rules and regulations; to authorize injunctions and prosecution of
violations; to provide for the seizure of assets; to provide for proce-
dures in the event of sale or transfer of registrants ownership; to
provide for penalties; to provide for civil liabilities; to provide for
other matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1509
Be it enacted by the General Assembly of Georgia:
Section 1. Article 4 of Chapter 3 of Title 44 of the Official Code
of Georgia Annotated, relating to cemeteries, is amended by striking
Article 4 in its entirety and inserting in lieu thereof a new Article 4 to
read as follows:
ARTICLE 4
44-3-130. This article shall be known as and may be cited as the
Georgia Cemetery Act of 1983.
44-3-131. (a) As used in this article, the term:
(1) Burial merchandise means any merchandise normally
offered or sold by a cemetery company for use in connection with
the interment, entombment, or inurnment of human remains.
This includes, but is not limited to, subterranean crypts, mausole-
ums, markers and monuments, whether bronze or otherwise,
bronze plaques and vases, and vaults; and also includes founda-
tions or footings of any type.
(2) Burial right means the right to use a grave space,
mausoleum, or columbarium for the interment, entombment, or
inurnment of human remains.
(3) Burial service or service means any service offered or
provided by a cemetery company or preneed dealer in connection
with the interment, entombment, or inurnment of human remains
as described in paragraph (1) of subsection (a) of this Code
section.
(4) Cemetery means any land or structure in this state
dedicated to and used, or intended to be used, for interment of
human remains. It may be either a burial park for earth inter-
ments, or a mausoleum for vault or crypt interments, or a combi-
nation of one or more thereof. The term cemetery or cemeteries
as used in this article shall not include governmentally owned
cemeteries, fraternal cemeteries, church and synagogue cemeter-
ies, or family burial plots.
(5) Cemetery company means an individual, partnership,
corporation, or association now or hereafter organized, owning or
1510 GENERAL ACTS AND RESOLUTIONS, VOL. I
controlling cemetery lands or property and conducting the busi-
ness of a cemetery or making an application with the Secretary of
State to own or control such lands or conduct such business.
(6) Crypt means a chamber of sufficient size to inter the
remains of a deceased person.
(7) Human remains means the bodies of deceased human
beings and includes the bodies in any stage of decomposition and
the cremated remains.
(8) Interment or entombment means any lawful disposi-
tion of the remains of the deceased human being as provided by
law.
(9) Subterranean crypts means interment space in pre-
placed chambers, either side by side or multiple depth, covered by
earth and sod. These are also known as Westminsters or turf-top
crypts.
(10) Lot or grave space means a space of ground in a
cemetery intended to be used for the interment in the ground of
human remains.
(11) Mausoleum means a structure or building which is
substantially exposed above the ground and which is used, or
intended to be used, for the interment of human remains in crypts
or niches.
(12) Niche means a space used, or intended to be used, for
the interment of the cremated remains of one or more deceased
human beings.
(13) Nonperpetual care is a term used to describe any
cemetery which does not offer perpetual care as defined in this
Code section.
(14) Perpetual care is a term used to describe the mainte-
nance and the reasonable administration of the cemetery grounds
and buildings in keeping with a properly maintained cemetery. In
the event that a cemetery offers perpetual care for some desig-
nated sections of its property but does not offer perpetual care to
other designated sections, the cemetery shall be considered a
perpetual care cemetery for the purposes of this article.
GEORGIA LAWS 1983 SESSION
1511
(15) Person means an individual, a corporation, a partner-
ship, an association, a joint stock company, a trust, or any unincor-
porated organization.
(16) Preneed interment service or preneed service means
any service which is not performed at the time of sale and which is
offered or provided by a cemetery or preneed dealer in connection
with the interment of human remains, except those services
offered regarding mausoleums and the normal and customary
installation charges on burial merchandise.
(17) Preneed dealer means every person, other than a sales-
person registered under this article, who engages, either for all or
part of his time, directly or indirectly, as agent, broker, or princi-
pal in the retail business of offering, selling, or otherwise dealing in
burial merchandise as defined in this article which is not attached
to realty or delivered to the purchaser at the time of sale but does
not include any establishment offering and selling burial mer-
chandise subject to the jurisdiction of the Commissioner of Insur-
ance pursuant to Chapter 18 of Title 43.
(18) Sale or sell means and shall include every contract of
sale or disposition of cemetery property, burial right, burial lot,
burial services, or burial merchandise for value. The term offer to
sell, offer for sale, or offer shall include any attempt or offer to
dispose of, or solicitation of an offer to buy cemetery property,
burial lots, burial rights, burial services, or burial merchandise for
value. This definition shall not include wholesalers of burial
merchandise.
(19) Salesperson means an individual employed or
appointed or authorized by a cemetery, cemetery company, or
preneed dealer to sell cemetery property, burial lots, burial rights,
burial merchandise, burial services, or any other right or thing of
value in connection with the interment of human remains. The
owner of a cemetery, the executive officers, and general partners
of a cemetery company shall not be deemed to be salespersons
within the meaning of this definition unless they are paid a
commission for the sale of said property, lots, rights, burial
merchandise, or burial services.
(20) Secretary of State or Secretary means the Secretary of
State of the State of Georgia.
1512
GENERAL ACTS AND RESOLUTIONS, VOL. I
(21) Wholesale cost means the cost to the cemetery or
preneed dealer of burial merchandise as of the date of the most
recent preneed escrow account quarterly report filed pursuant to
subsection (e) of Code Section 44-3-134.
(b) The rules of statutory construction contained in Chapter 3 of
Title 1 shall apply to the provisions of this article.
44-3-132. (a) No salesperson, as defined by this article, shall
offer for sale or sell any burial lot, right, burial service, or burial
merchandise in connection with any cemetery unless he is a registered
salesperson pursuant to the provisions of this Code section.
(b) Each individual employed, appointed, or authorized to offer
for sale or to sell any burial lots, rights, burial merchandise, or burial
services on behalf of a cemetery company or preneed dealer shall be
identified in a statement of registration pursuant to Code Section 44-
3-134. Such registration statement shall contain the name, address,
telephone number, and employment history for the five years previ-
ous to the date of filing and whether the individual has ever been
convicted of a misdemeanor of which fraud is an essential element or
has ever been convicted of a felony and, if so, all pertinent informa-
tion with respect to such conviction.
(c) Every registration under this Code section shall expire on the
first day of August of each year. Each salespersons renewal applica-
tion shall be filed with and shall be an integral part of the renewal
application of each cemetery, cemetery company, or preneed dealer as
provided for under Code Section 44-13-134 of this article. Upon any
change in the employment or registration information concerning the
salespersons of a cemetery, cemetery company, or preneed dealer,
such cemetery, cemetery company, or preneed dealer shall promptly
notify the Secretary of State and shall furnish to him in writing such
information concerning such individuals, which information has not
previously been filed as required in an original application for regis-
tration.
44-3-133. (a) The registration of any salesperson may be sus-
pended, revoked, or denied by the Secretary of State as provided in
subsection (b) of this Code section if he finds that such registrant:
(1) Has willfully made or caused to be made in any applica-
tion for registration under this article, or in any hearing conducted
GEORGIA LAWS 1983 SESSION
1513
by the Secretary of State, any statement which, at the time and in
the light of the circumstances under which it was made, was false
or misleading with respect to any material fact, or has willfully
omitted to state in any such application any material fact which is
required to be stated therein or necessary in order to make the
statements made, in light of the circumstances under which they
were made, not misleading;
(2) Has willfully violated or willfully failed to comply with
any provision of this article or a predecessor law or any regulation
or order promulgated or issued under this article or any predeces-
sor law;
(3) Has been convicted of a misdemeanor of which fraud is
an essential element or which involves any aspect of the cemetery
business or has ever been convicted of a felony; or
(4) Is permanently or temporarily enjoined by any court of
competent jurisdiction from engaging in or continuing any con-
duct or practice involving any aspect of the cemetery business.
(b) Where the Secretary of State finds that there are grounds for
revocation or suspension as herein provided, he may issue an order
suspending or revoking the registration of any salesperson. Such
order shall not be effective until notice and opportunity for hearing
are provided in accordance with Code Section 44-3-147 and until the
Secretary shall issue a written order in accordance with Code Section
44-3-147 if such salesperson requests a hearing under Code Section
44-3-147; but the Secretary may, if he finds that the public safety or
welfare requires emergency action, order an immediate suspension of
the registration of a salesperson. An order of immediate suspension
will expire automatically if the Secretary fails to afford notice and
opportunity for hearing pursuant to Code Section 44-3-147 of this
article.
44-3-134. (a) It shall be unlawful for any person to offer for sale
or to sell any cemetery burial rights, burial services, or burial mer-
chandise to any purchaser in this state unless (1) the related cemetery
or preneed dealer is registered pursuant to this Code section, or (2)
such related cemetery or preneed dealer is exempt from the provi-
sions of this article. The owner of each cemetery and preneed dealer
shall apply for and obtain a certificate or registration from the
Secretary of State; and it shall be unlawful to sell any burial lots,
1514
GENERAL ACTS AND RESOLUTIONS, VOL. I
rights, burial services, or burial merchandise without obtaining and
maintaining a valid certificate.
(b) (1) Every registration statement filed under this Code
section shall be made in writing in a form prescribed by the
Secretary of State, shall be executed by the applicant, shall be
duly verified under oath, shall be filed in the office of the Secre-
tary of State, and shall contain the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone
number of the applicant;
(C) The location of the records of the applicant;
(D) The owner of the applicant, including the owners
name, address, telephone number, and date the present
owner took control of the cemetery; if the owner is a corpora-
tion, the president, secretary, and registered agent of the
corporation and their respective addresses and telephone
numbers; the owner of controlling interest and the percentage
of his interest; the date, and jurisdiction of organization;
(E) A copy of the articles of incorporation, bylaws,
cemetery rules and regulations, and amendments of the
owner company or any substantially equivalent documents.
Any such document once filed with the Secretary of State
pursuant to this article shall be deemed to be on file and
incorporated into any subsequent renewal or filing of such
cemetery registration; provided, however, that each registrant
is under a continuing duty to update such filing and to notify
the Secretary of State regarding any changes or amendments
to the articles of incorporation, bylaws, cemetery rules and
regulations, or substantially equivalent documents;
(F) A description of any judgment of pending litigation
to which the applicant or the cemetery, its individual owner,
corporate owner, or person who owns controlling interest of
the owner is a party and which could materially affect its
business or assets;
GEORGIA LAWS 1983 SESSION
1515
(G) Whether the owner of the applicant owns any other
entities in Georgia regulated by this article and, if so, their
location, mailing address, telphone number, and type of
registration;
(H) A consent to service of process meeting the require-
ments of Code Section 44-3-148 for actions brought by the
State of Georgia;
(I) A list of each individual employed, appointed, or
authorized by the applicant to offer for sale or to sell any
burial lots, rights, burial merchandise, or burial services on
behalf of the cemetery applicant. Such list shall contain the
information required by the provisions of Code Section 44-3-
132;
(J) A balance sheet of the applicant cemetery dated as
of the end of the most recent fiscal year and in no event dated
more than 15 months from the date of filing, which the
Secretary shall treat as confidential and not open to public
inspection; and
(K) Such other reliable and other necessary informa-
tion as the Secretary of State may require by rule or regula-
tion promulgated pursuant to Chapter 13 of Title 50, known
as the Georgia Administrative Procedure Act.
(2) A registration statement under this Code section shall
become effective upon the issuing of a certificate of registration by
the Secretary of State or at such earlier time as the Secretary
determines.
(c) (1) For the purposes of this Code section, perpetual care
shall be defined as and have the same meaning as that contained
in Code Section 44-3-131 of this article. In the event that a
cemetery offers perpetual care for some designated sections of its
property but does not offer perpetual care to other designated
sections, the cemetery shall be considered a perpetual care ceme-
tery for purposes of this article.
(2) Each cemetery or cemetery company which holds out to
the public or advertises or contracts perpetual care in connection
with the sale or lease of cemetery lots, grave spaces, niches, or
crypts shall establish and maintain an irrevocable trust fund.
1516
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) The initial deposit to said irrevocable trust fund
shall be the sum of $10,000.00 and the deposit of said sum
shall be made before selling or contracting to sell any ceme-
tery property or burial right. The trust fund shall apply only
to sales or contracts for sale of lots, grave spaces, niches, or
crypts in which perpetual care has been promised or guaran-
teed.
(B) The corpus of the trust fund shall be deposited in a
bank, savings and loan institution, trust company, or other
depository or trustee which is approved by the Secretary of
State or which meets the standards contained in the rules and
regulations promulgated by the Secretary of State.
(C) Whenever any cemetery lot, grave space, niche, or
crypt wherein perpetual care or endowment care is promised
or contracted for or guaranteed is sold by any cemetery, the
cemetery shall make deposits to the trust fund that equal the
sum of $10.00 per burial space or 10 percent of the sales price,
whichever is greater, or 5 percent of the total sales price of
mausoleums, niches, or crypts. Deposits to the trust fund
shall be made after receipt of final payment and prior to the
time the next quarterly report is required to be filed with the
Secretary of State, provided that all deposits to the trust fund
shall be completed within six years from the date of the
signing of the perpetual care contract.
(D) The initial $10,000.00 corpus of the perpetual care
trust fund shall not be counted as part of the required
deposits and shall be considered to be corpus or principal.
(E) The income from the trust fund shall be paid to the
owner of the cemetery for his own use and benefit until such
income so paid has reached the total of $10,000.00. There-
after, the income earned by the trust fund shall be paid to the
cemetery and used exclusively for covering the costs of care
and maintenance of the perpetual care cemetery, or the
sections of the cemetery which have been designated as
perpetual care sections, including reasonable administrative
expenses incurred in connection therewith. The income of
the trust fund shall be paid to the cemetery at intervals
agreed upon by the cemetery and the trustee, but in no case
shall the income be paid more often than monthly.
GEORGIA LAWS 1983 SESSION
1517
(F) There shall be no withdrawals from the trust fund
except pursuant to the provisions of this article or by court
order.
(G) (i) The assets of said trust fund shall be invested
and reinvested subject to all the terms, conditions, limi-
tations, and restrictions imposed by the laws of the State
of Georgia upon executors and trustees regarding the
making and depositing of investments with trust moneys
pursuant to Code Sections 53-8-1 through 53-8-4. Sub-
ject to said terms, conditions, limitations, and restrict-
ions, the trustee of the perpetual care trust fund shall
have full power to hold, purchase, sell, assign, transfer,
reinvest, and dispose of any of the securities and invest-
ments in which any of the assets of said fund are
invested, including proceeds of investments.
(ii) Any state bank, national bank, trust company,
or other financial institution authorized to act in a fidu-
ciary capacity in this state, which presently or in the
future serves as a fiduciary or cofiduciary of the trust
fund of a perpetual care cemetery, may invest part or all
of such trust fund held by it for investment in interests or
participation in one or more common trust fund estab-
lished by that state bank, national bank, trust company,
or other financial institution for collective investment, if
such investment is not expressly prohibited by the
instrument, judgment, decree, or order creating the fidu-
ciary relationship and if, in the case of cofiduciaries the
trust institution procures the consent of its cofiduciary or
cofiduciaries to such investment, and notwithstanding
the fact that such common trust funds are not invested
and reinvested subject to all the terms, conditions, limi-
tations, and restrictions imposed by the laws of the State
of Georgia upon executors and trustees in the making
and disposing of their investments.
(H) Moneys of the perpetual care trust fund shall not
be invested in or loaned to any business venture controlled by,
or in an affiliate of, the cemetery individual owner, corporate
owner, or person who owns controlling interest of the corpo-
rate owner.
1518
GENERAL ACTS AND RESOLUTIONS, VOL. I
(I) The trustee shall furnish yearly to the Secretary of
State a financial report with respect to the perpetual care
trust fund.
(3) Any cemetery which has established an irrevocable trust
fund prior to July 1,1983, and said trust fund meets the minimum
criteria established by an Act providing for the registration and
regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p.
242), shall not be required to establish a new trust fund; provided,
further, that any such cemetery which has sold all of its lots, grave
spaces, niches, or crypts and is unable to make any future sales
shall not be required to establish a trust fund as provided herein.
(4) Perpetual care cemeteries shall be registered with the
Secretary of State according to the provisions of subsection (b) of
Code Section 44-3-134. In addition to the requirements of subsec-
tion (b), the applicant shall also include the following:
(A) A filing fee of $100.00;
(B) The name, address, and telephone number of each
trustee;
(C) A copy of a perpetual care trust fund agreement
executed by the applicant and accepted by the trustee calling
for an initial deposit of $10,000.00 and a copy of a bank
cashiers check or certified check attached for such amount
and payable to such trustee, the trust agreement being condi-
tioned only upon issuance of a certificate of registration; and
(D) A consent to service executed by the trustee pursu-
ant to Code Section 44-3-148.
(5) Every registration under this subsection shall expire on
the first day of August of each year. The registration must be
renewed with the Secretary of State each year by the submission
of a renewal application containing the information required in an
application for initial registration to the extent that such informa-
tion had not been included in an application or renewal applica-
tion previously filed. The filing fee for renewal of registration
shall be $50.00.
GEORGIA LAWS 1983 SESSION
1519
(d) (1) For the purposes of this Code section, nonperpetual
care shall be defined as and have the same meaning as that
contained in Code Section 44-3-131. In the event that a cemetery
offers perpetual care for some designated sections of its property
but does not offer perpetual care to other designated sections, the
cemetery shall be considered a perpetual care cemetery for pur-
poses of this article.
(2) Nonperpetual care cemeteries shall be registered with
the Secretary of State according to the provisions of subsection (b)
of Code Section 44-3-134. In addition to the requirements of
subsection (b), the applicant shall also include a filing fee of
$25.00.
(3) Every registration under this Code section shall expire
on the first day of August of each year. The registration must be
renewed with the Secretary of State each year by the submission
of a renewal application containing the information required in an
application for initial registration to the extent that such informa-
tion had not been included in an application or renewal applica-
tion previously filed. The filing fee for renewal of registration
shall be $25.00.
(e) (1) Each preneed dealer, as defined in this article, which
sells burial merchandise as defined on a preneed basis or preneed
interment services shall establish and maintain a preneed escrow
account.
(A) The amount to be deposited to said escrow account
shall be the actual wholesale cost of the burial merchandise
sold or 35 percent of the sales price of such burial merchan-
dise. If the contract of sale shall include cemetery space,
mausoleum crypts which have not been constructed at the
time of sale, or attachments to realty, or both, the portion of
the sales price attributable to the sale of the contemplated
burial merchandise shall be determined, and it shall only be
as to such portion of the total contract that deposit of
wholesale cost or 35 percent of the sales price shall be
required. In the event that the sale of burial merchandise is
on an installment contract, the contemplated trust deposit
shall be a pro rata part from each installment payment, such
deposit only being required pro rata as payments are made by
the purchaser for such burial merchandise. In the event the
1520
GENERAL ACTS AND RESOLUTIONS, VOL. I
installment contract is discounted or sold to a third party, the
seller shall be required to deposit an amount equal to the
actual wholesale cost of such burial merchandise or 35 percent
of the sales price of such burial merchandise.
(B) In the event that preneed interment or
entombment services are sold, the amount to be deposited to
said escrow account shall be 100 percent of the sales price of
such services. The time and manner of deposit shall be the
same as that specified for deposit of burial merchandise sale
funds to the escrow account.
(C) The deposit specified in subparagraph (e)(1)(A) of
this Code section shall be made prior to the date of the next
required filing of the quarterly report with the Secretary of
State.
(D) The preneed escrow account shall be established
and maintained in a state bank, state savings and loan
institution, savings bank, trust company, national bank, fed-
eral savings and loan association, or other organization
approved by the Secretary of State which is located and doing
business in this state.
(E) (i) Funds may be released from the escrow
account when the burial merchandise is delivered to the
purchaser or attached to realty, or when the preneed
dealer shall have paid the wholesale price of the burial
merchandise to a manufacturer approved by the Secre-
tary of State and when the manufacturer shall have
certified to the purchaser that such payment has been
made and that such burial merchandise will be delivered
upon request of the purchaser, or at such times as
described in the rules and regulations promulgated by
the Secretary of State. Deposits made from funds
received in payment for preneed services shall remain in
the escrow account until such services are performed, at
which time said funds shall be released to the cemetery
upon certification of performance.
(ii) The funds on deposit under the terms hereof
shall be deemed and regarded as escrow funds pending
delivery of the burial merchandise concerned; but after
GEORGIA LAWS 1983 SESSION
1521
delivery of the burial merchandise concerned, upon com-
pletion of each phase of construction of mausoleum
crypts, or the performance of preneed interment services,
the registrant shall be authorized to withdraw or offset
proportionately such funds and treat the same as money
belonging to him; provided, however, that until delivery
of burial merchandise is complete, construction is com-
pleted, or services are performed, the preneed dealer
shall at no time withdraw funds in excess of the actual
cost incurred in such delivery, construction, or perfor-
mance.
(2) Preneed dealers shall be registered with the Secretary of
State according to the provisions of subsection (b) of Code Section
44-3-134. In addition to the requirements of subsection (b), the
applicant shall also include the following:
(A) A filing fee of $100.00;
(B) The name, address, location, and telephone
number of the preneed burial escrow account depository, the
name of the account, the account number, and a financial
report regarding said account;
(C) An executed copy of the escrow agreement setting
forth the method used for computing the preneed escrow
deposit requirements. This agreement shall not be changed or
amended without the prior written approval of the Secretary
of State; and
(D) The name, address, and telephone number of the
escrow agent.
(3) Every registration under this subsection shall expire on
the first day of August of each year. The registration must be
renewed with the Secretary of State each year by the submission
of a renewal application containing the information required in an
application for initial registration to the extent that such informa-
tion had not been included in an application or renewal applica-
tion previously filed. The filing fee for renewal of registration
shall be $50.00.
1522
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-3-135. (a) Every person registering pursuant to Code Sec-
tion 44-3-134 shall pay a filing fee as mandated by subsection (c), (d),
or (e) of Code Section 44-3-134. Such initial filing fees and respective
renewal fees shall be cumulative. For the purposes of this Code
section, cumulative filing fees shall mean that a person who registers
under subsection (c) or (d) of Code Section 44-3-134, who also sells
burial merchandise or burial services under subsection (e) of Code
Section 44-3-134, shall pay a filing fee that is equal to the sum of the
filing fee required under subsection (c) or subsection (d) and the filing
fee required by subsection (e).
(b) Any document filed under this article or a predecessor law
may be incorporated by reference as an exhibit to any registration
statement filed under Code Section 44-3-134 to the extent that the
document is currently accurate; provided, however, that each
registrant is under a continuing duty to update such filing and to
notify the Secretary of State regarding any changes or amendments to
such documents on file.
(c) A registration statement may be amended by filing with the
Secretary of State an amended application signed by the persons
required to sign the original registration under Code Section 44-3-
134. Any such amendment shall become effective when the Secretary
of State so orders.
(d) Every applicant registered pursuant to Code Section 44-3-
134 shall agree to deliver in Georgia, on demand of the Secretary of
State, all records and documents concerning funds, accounts, trans-
actions, and activities of said applicant or said applicant shall agree to
pay the expenses incurred in sending an auditor approved by the
Secretary to wherever such records and documents are located for the
purpose of conducting an audit pursuant to the provisions of this
article.
(e) When any cemetery or preneed dealer registered under Code
Section 44-3-134 is sold or the ownership is otherwise transferred, or a
controlling interest is sold or transferred, the vendor or the transferor
of such cemetery, preneed dealer, or interest shall remain liable for
any funds that should have been deposited prior to the date of such
sale or transfer in the perpetual care trust fund or the preneed escrow
account, or both.
GEORGIA LAWS 1983 SESSION
1523
(1) Prior to such sale or transfer, the vendor or transferor
shall notify the Secretary of State of the proposed transfer and
submit to the Secretary of State any document or record the
Secretary may require in order to demonstrate that said vendor or
transferor is not indebted to the perpetual care trust fund or the
preneed escrow account, or both. After the transfer of ownership
or control and the presentation of proof of currency of the
perpetual care trust fund or the preneed escrow account, or both,
by the vendor or transferor, the Secretary of State may require the
presentation of proof of the continued current status of the
perpetual care trust fund or the preneed escrow account, or both,
by the vendee or transferee. The Secretary of State is authorized
to recover from such vendor, transferor, vendee, or transferee, for
the benefit of the perpetual care trust fund or the preneed escrow
account, or both, all sums which the vendor, transferor, vendee, or
transferee has not properly accounted for and paid into the trust
fund.
(2) When the vendee or transferee has complied with the
provisions of this subsection, he shall submit to the Secretary of
State an application for registration and appropriate fees pursu-
ant to Code Section 44-3-134. The Secretary shall then issue a
certificate of registration to said vendee or transferee.
44-3-136. (a) The Secretary of State 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 44-3-147 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,
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) The applicant has failed to file financial reports
required by Code Section 44-3-134;
(3) The applicant has failed to pay the filing fees required
by Code Section 44-3-134;
1524
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The person or entity registered or sought to be regis-
tered or the individual owner, corporate owner, or person who
owns controlling interest of the corporate owner has been adjudi-
cated to have committed fraud, has been convicted of a misde-
meanor of which fraud is an essential element or which involves
any aspect of the cemetery business, or has been convicted of a
felony; or
(5) Any provision of this article or any rule, order, or
condition lawfully imposed under this article has been willfully
violated by (A) the person filing the registration statement; (B)
the registrants individual owner, corporate owner, or person who
owns controlling interest of the corporate owner; or (C) the trustee
or escrow agent of a trust fund or escrow account established and
maintained pursuant to the provisions of this article.
(b) The Secretary of State may deny registration or refuse to
grant renewal of registration if he finds that such refusal or denial is
in the public interest and that:
(1) The registration statement does not contain a current
list of cemetery salespersons and accompanying information as
required by Code Section 44-3-132;
(2) The applicant has not paid filing fees or renewal fees as
required by Code Section 44-3-134; or
(3) The applicant has not filed the financial reports
required by Code Section 44-3-134.
(c) In addition to the actions authorized in subsections (a) and
(b) of this Code section, the Secretary of State shall be authorized to
impose a penalty fee of $25.00 per month or fraction of a month for
the late filing of a renewal registration statement or late filing of
financial reports required by this article, or both. However, the
penalty fee or fees imposed for the late filing of registration state-
ments or financial reports may be waived by the Secretary of State
upon just cause being shown by the party against whom the fee is
imposed.
(d) The Secretary may by order summarily postpone or suspend
the effectiveness of the registration statement or refuse to register
any applicant pending final determination of any proceeding under
GEORGIA LAWS 1983 SESSION
1525
this Code section. Upon the entry of the order, the Secretary shall
promptly notify the registrant of the order and the reasons therefor
and that, within 15 days after the receipt of a written request, the
matter will be heard. If no hearing is requested and none is ordered
by the Secretary, the order will remain in effect until it is modified or
vacated by the Secretary. If a hearing is requested or ordered, the
Secretary, after notice of an opportunity for hearing to the persons
affected, may modify or vacate the order or extend it until final
determination.
(e) The Secretary 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.
(f) No stop order issued under any part of this Code section,
except the first sentence of subsection (d) of this Code section, shall
become effective until and unless the Secretary of State has complied
with the provisions of Code Section 44-3-147.
44-3-137. (a) Each registrant under subsection (c) or (e), or
both, of Code Section 44-4-134 shall establish and maintain a sepa-
rate and distinct account for the perpetual care trust fund and for the
preneed escrow account. There shall be no commingling, codeposits,
or transfers of funds between the accounts, except pursuant to court
order and with the knowledge and consent of the Secretary of State.
(b) Each registrant shall keep and maintain separate books,
records, accounts, and documents regarding the transaction of its
business. The books, records, accounts, and documents related to the
keeping of funds pursuant to the provisions of this article and the
rules and regulations promulgated thereunder shall be kept and
maintained by the registrant separately from the other books,
records, accounts, and documents related to the transaction of busi-
ness.
(c) A cemetery owner or an officer or director of a cemetery
company may be a trustee of the perpetual care trust fund of a
cemetery which the individual or cemetery company owns upon
approval of the Secretary of State. Said trustee shall be required to be
bonded and to file such bond with the Secretary of State; however, the
Secretary shall have the authority to waive said bond upon a showing
of financial stablility and assets.
1526
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The Secretary of State shall have the authority to prescribe
or approve the form of the perpetual care trust agreement and shall
have the authority to approve or disapprove any amendments to said
trust agreement as of July 1,1983.
(e) The Secretary of State shall have the authority to prescribe
or approve the form of the preneed escrow account agreement and
shall have the authority to approve or disapprove any amendments to
said escrow account agreement as of July 1,1983.
(f) A trustee or escrow agent of a registrant may be removed
pursuant to the provisions of Code Section 44-3-143 of this article or
by other means provided by the laws of this state.
(g) A cemetery company or preneed dealer may use a sales
contract containing an allocation of proceeds section, provided full
disclosure of the allocation of proceeds is explained to the purchaser.
The perpetual care obligations imposed by this article must be
deposited when any of the following events occur but not later than
the time required by subsection (c) of Code Section 44-3-134:
(1) The allocation of proceeds applies the funds to the
perpetual care trust; or
(2) When sufficient funds have been applied to the price of
the contract according to allocation of proceeds provision to
indicate full payment of the lot, grave space, niche, burial right, or
crypt.
(h) A preneed dealer must notify the Secretary of State whether
the wholesale cost method or the 35 percent of the sales price method
will be used for computing preneed escrow account deposits. The
method of computing said deposits shall be the same for determining
the amount of all escrow account deposits and the method shall not be
changed except upon the written approval of the Secretary of State.
(i) In lieu of the preneed deposits specified in subparagraph
(e)(1)(A) of Code Section 44-3-134, a preneed dealer may post such
proof of financial responsibility as the Secretary of State shall, by rule
and regulation, require for the protection of persons purchasing
burial merchandise.
GEORGIA LAWS 1983 SESSION
1527
(j) Each perpetual care cemetery and preneed dealer shall file a
report concerning the perpetual care trust and the preneed escrow
account at least quarterly with the Secretary of State. The report
shall be on a form approved by the Secretary of State.
44-3-138. 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 hereunder shall be considered to
have been committed in any county in which any act was performed
in furtherance of the transaction which violated the article, in the
county of any violators principal place of business in this state, in the
county of the cemeterys or preneed dealers location or residence in
this state, 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 further-
ance of said violation.
44-3-139. (a) The administration of the provisions of this arti-
cle shall be vested in the Secretary of State, who may delegate such of
his powers and duties hereunder to a division director of his office as
he shall deem appropriate.
(b) The Secretary of State shall keep a record of all proceedings
related to his duties under this article and shall keep a register in
which shall be entered the names of all cemeteries to whom certifi-
cates of registration are issued, which register shall be open at all
times for public inspection.
(c) The Secretary shall have the authority to administer oaths
in, and to prescribe forms for, all matters arising under this article.
(d) The Secretary shall have authority to employ examiners,
clerks and stenographers, and other employees as the administration
of this law may require. The Secretary shall also have authority to
appoint and employ investigators who shall have, in any case that
there is a 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.
(e) The Secretary 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.
1528
GENERAL ACTS AND RESOLUTIONS, VOL. I
44-3-140. (a) The Secretary of State, at his discretion:
(1) May make such public or private investigations or exam-
inations within or outside of 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
hereunder or to aid in the enforcement of this article or in the
prescribing of rules and regulations hereunder; and
(2) May require or permit any person to file a statement in
writing, under oath or otherwise as the Secretary determines, as to
all the facts and circumstances concerning the matter to be
investigated.
(b) For the purpose of conducting any investigation as provided
in this Code section, the Secretary shall have the power to administer
oaths, to call any party to testify under oath at such investigations, to
require the attendance of witnesses and the production of books,
records, and papers, and to take the depositions of witnesses; and, for
such purposes, the Secretary is authorized to issue a subpoena for any
witness or a subpoena for the production of documentary 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 Secretary 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 Secretary in the same
manner that other expenses of the Secretary 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 Secretary, 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) The Secretary is authorized to hold investigative hearings
with respect to any matter under this article. A hearing as provided
for herein may be conducted by any person designated by the
Secretary for that purpose. A transcript of the testimony and evi-
GEORGIA LAWS 1983 SESSION
1529
dence resulting from such hearing may, but need not, be transcribed
by the Secretary. A report of the investigative hearing shall be
included in the investigative report prepared for the Secretary. Any
recommendations of the designated representative of the Secretary
shall be advisory only and shall not have the effect of an order of the
Secretary.
(e) The Secretary of State shall have the authority to audit or
cause to be audited the books of each registrant that has established
and maintained a perpetual care trust fund or a preneed escrow
account pursuant to this article. Said audit may be conducted by the
Secretary as frequently as the Secretary may deem appropriate,
provided that, in lieu of an audit, the Secretary may accept a certified
report of examination from a certified public accountant as to the
accuracy of the condition of each trust fund or escrow account.
Furthermore, in the event that the Secretary of State may find reason
to believe in any case that the amounts of funds on deposit are less
than that required by this article, the Secretary of State may require
such increase of deposit as he reasonably believes necessary to
accomplish the provisions of this article.
(f) Pursuant to the auditing powers given to the Secretary by
this article, the Secretary of State may assess against the registrant
audited reasonable and necessary expenses incurred by an audit for
cause if such audit results in an adverse finding pursuant to an
administrative action or legal action, such assessment not to exceed
$50.00 in expenses per auditor per day.
44-3-141. (a) The owner of every cemetery may make, adopt,
and enforce rules and regulations for the use, care, control, manage-
ment, restriction, and protection of such cemetery and of all parts and
subdivisions thereof; for restricting, limiting, and regulating the use
of all property within such cemetery; for regulating and preventing
the introduction and care of plants or shrubs within such grounds; for
regulating the conduct of persons and preventing improper assem-
blages therein; and for all other purposes deemed necessary by the
owner of the cemetery for the proper conduct of the business of the
cemetery and the protection of safeguarding the premises and the
principles, plans, and ideas on which the cemetery was organized.
From time to time, the owner may amend, add to, revise, change,
modify, or abolish such rules and regulations. Such rules and
regulations shall be plainly printed or typewritten, posted conspicu-
ously, and maintained, subject to inspection and copy, at the usual
1530
GENERAL ACTS AND RESOLUTIONS, VOL. I
place for transacting the regular business of the cemetery; provided,
however, that no cemetery to which the provisions of Article 4 of
Chapter 3 of Title 44 are applicable shall have the power to adopt any
rule or regulation in conflict with any of the provisions of said article,
chapter, and title or in derogation of the contract rights of lot owners.
(b) The owner of every cemetery shall have the further right to
establish reasonable rules and regulations regarding the type mate-
rial, design, composition, finish, and specifications of any and all
merchandise to be used or installed in the cemetery. Reasonable rules
may further be adopted regarding the installing by the cemetery or
others of all merchandise to be installed in the cemetery. Such rules
and regulations shall be posted conspicuously and maintained, sub-
ject to inspection and copy, at the usual place for transacting the
regular business of the cemetery. No cemetery owner shall have the
right to prevent the use of any merchandise purchased by a lot owner,
his representative, his agent, or his heirs or assigns from any source,
provided the merchandise meets all rules and regulations.
(c) All cemetery owners shall have a full and complete schedule
of all charges for services provided by the cemetery plainly printed or
typewritten, posted conspicuously, and maintained, subject to
inspection and copy, at the usual place for transacting the regular
business of the cemetery.
44-3-142. (a) It shall be unlawful for any person:
(1) To sell any cemetery property, burial rights, burial
services, or burial merchandise without obtaining and maintain-
ing a valid registration with the Secretary of State;
(2) To sell or offer to sell any cemetery property, burial
rights, burial services, or burial merchandise 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 buyer 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 sell or offer to sell any cemetery property, burial
rights, burial services, or burial merchandise in violation of any
provision of this article or rule, regulation, or order promulgated
GEORGIA LAWS 1983 SESSION
1531
or issued by the Secretary of State under any provision of this
article.
(b) It shall be unlawful for any person to misappropriate, con-
vert, illegally withhold, or fail to account for any cemetery trust
funds, escrow funds, or other funds established or maintained pursu-
ant to this article.
(c) It shall be unlawful for any person knowingly to cause to be
made, in any document filed with the Secretary of State or in any
proceeding under this article, any statement which is, at the time it is
made and in the 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 cemetery property, burial rights, burial
services, or burial merchandise, 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.
44-3-143. (a) Whenever it may appear to the Secretary, either
upon complaint or otherwise, that any person has engaged in, or is
engaging in, or is about to engage in any act or practice or transaction
which is prohibited by this article or by any rule, regulation, or order
of the Secretary promulgated or issued pursuant to any Code section
of this article or which is declared to be unlawful under this article,
the Secretary may, at 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 consumers, prohibiting
such person from continuing such act, practice, or transaction,
subject to the right of such person to a hearing as provided in Code
Section 44-3-147;
(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 engaging therein or doing any acts
1532
GENERAL ACTS AND RESOLUTIONS, VOL. I
in furtherance thereof, and for appointment of a receiver or an
auditor and such other and further relief as the facts may warrant;
or
(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 their individual discretion, insti-
tute the necessary criminal proceedings.
(b) In any proceedings for an injunction, the Secretary may
apply for and be entitled to have issued the courts subpoena requir-
ing the appearance forthwith of any defendant and his agents,
employees, partners, officers, or directors, and 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 the public 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 the appearance forthwith of
any defendant or his agents, employees, partners, officers, or direc-
tors and the production of such documents, books, and records as may
appear necessary for the prosecution of such criminal proceedings.
(d) In any civil proceeding brought under this Code section, if
the Secretary of State shall establish that a perpetual care trust fund
or preneed escrow account has not been established and maintained
as required, the assets of the cemetery, cemetery company, or preneed
dealer may be seized and sold by the state under orders of the court to
the extent necessary to provide said perpetual care trust fund or
preneed escrow account and set up the same. In addition, where the
certificate of registration has been revoked, the whole company
property may be ordered sold after the perpetual care trust fund and
preneed escrow account has been established so that the purchaser of
the cemetery may continue to operate the same and maintain it under
the terms of this article.
(e) The Secretary of State shall have the authority to petition a
court of competent jurisdiction to remove a trustee or escrow agent
for violation of the provisions of this article, the rules and regulations
promulgated in accordance therewith, or for other unlawful acts and
practices.
GEORGIA LAWS 1983 SESSION
1533
(f) In addition to any other penalties that may be imposed, any
person willfully violating any provisions of Code Section 44-3-142 or
of Code Section 44-3-136 or any rule, regulation, or order of the
Secretary of State made pursuant to Code Section 44-3-142 or 44-3-
136 shall be subject to a civil penalty not to exceed $100.00 for each
day that such violation or violations persist but not exceeding the
total sum of $5,000.00. However, such penalty shall only be imposed
if the person shall fail to correct any failure, refusal, or violation after
written notice of the Secretary of State to correct same. The Secretary
of State shall be authorized in his discretion to decline to impose a
penalty or to impose any lesser penalty that he may deem to be
sufficient and appropriate in any particular case. The amount of such
penalty may be collected by the Secretary of State in the same
manner that money judgments are now enforced in the superior
courts of this state, except that the order or finding of the Secretary of
State as to such penalty may be appealed according to the provisions
of Code Section 44-3-146 of this article.
44-3-144. (a) Any person who shall willfully violate any provi-
sion 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 willfully violate subsection (b) of Code
Section 44-3-142 or any provision of this article regarding the estab-
lishment, maintenance, or reporting of any trust, reserve, or escrow
funds mandated by this article 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.
(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.
44-3-145. (a) Any person who violates any provision of subsec-
tion (a), (b), or (d) of Code Section 44-3-142 of this article shall be
liable to the person buying such cemetery property, burial lot, burial
right, burial merchandise, or burial service; and such buyer may bring
action in any court of competent jurisdiction to recover the consider-
ation paid in cash for the cemetery property, burial lot, burial right,
burial merchandise, or burial service.
1534
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In addition to the remedy set forth in subsection (a) of this
Code section, a purchaser may apply to a court of competent jurisdic-
tion in this state for an order authorizing the recovery of the preneed
escrow deposit if a registrant fails to deliver burial merchandise or
perform preneed burial services in accordance with the terms of the
preneed sales contract.
(c) No person may bring action under this Code section more
than two years from the date of the scheduled completion of the
contract for sale or from the date of the 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
cemetery property, burial lot, burial right, burial merchandise, or
burial services.
44-3-146. (a) An appeal may be taken from any order of the
Secretary resulting from a hearing held in accordance with the
provisions of Code Section 44-3-147 of this article by any person
adversely affected thereby to the Superior Court of Fulton County,
Georgia, by serving on the Secretary, within 20 days after the date of
entry of such order, a written notice of appeal, signed by the appel-
lant, 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 Secretary 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
GEORGIA LAWS 1983 SESSION
1535
record shall constitute appellants complaint. Said complaint shall
thereupon be entered on the trial calendar of the court in accordance
with the courts normal procedures.
(c) If the order of the Secretary shall be reversed, the court shall
by its mandate specifically direct the Secretary as to his further
action in the matter, including the making and entering of any order
or orders in connection therewith and the conditions, limitations, or
restrictions to be contained therein.
44-3-147. (a) Where the Secretary has issued any order forbid-
ding the sale of cemetery property, burial lots, burial rights, burial
merchandise, or burial services under any provision of this article, he
shall promptly send to the cemetery owner, cemetery company, or
preneed dealer and to the persons who have filed such registration a
notice of opportunity for hearing. Before entering an order refusing
to register any person and after the entering of any order for revoca-
tion or suspension, the Secretary shall promptly send to such person a
notice of opportunity for hearing. Hearings shall be conducted by the
Secretary pursuant to Code Section 44-3-147.
(b) Notices of opportunity for hearing shall be served by invest-
igators appointed by the Secretary 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 or which is proposed to be
issued;
(2) The ground for issuing such order or proposed order;
and
(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. Except as provided in
subsection (b) of Code Section 44-3-133, 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.
1536
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) For the purpose of conducting any hearing as provided in
this Code section, the Secretary of State shall have the power to
administer oaths, to call any party to testify under oath at such
hearings, to require the attendance of witnesses and the production of
books, records, and papers, and to take the depositions of witnesses;
and for such purposes the Secretary is authorized, at the request of
the person requesting such hearing or upon his own initiative, to issue
a subpoena for any witnesses or a subpoena for the production of
documentary 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 investigators appointed by the Secretary 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 Secretary in the same manner that other expenses of the
Secretary 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 repre-
sented by an attorney. A stenographic record of the testimony and
other evidence submitted shall be taken unless the Secretary and the
person requesting such hearing shall agree that such a stenographic
record of the testimony shall not be taken. A transcript of the
proceeding shall be made available to a party upon the payment of
reasonable costs. The Secretary shall pass upon the admissibility of
such evidence, but a party may at any time make objections to such
rulings thereon; and, if the Secretary 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.
(f) If the Secretary 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,
the Secretary shall issue a written order which shall set forth his
findings with respect to the matters involved and enter an order in
accordance with his findings.
44-3-148. When consent to service of process is required under
this article, such consent to service of process shall be in the form
prescribed by the Secretary, shall be irrevocable, and shall provide
GEORGIA LAWS 1983 SESSION
1537
that actions brought by the State of Georgia arising out of or founded
upon the sale of cemetery property, burial lots, burial rights, burial
services, or burial merchandise in violation of this article may be
commenced in any court of competent jurisdiction with proper venue
within this state by the service of process or pleadings upon the
Secretary of State against the person executing such consent. Not-
withstanding any provision in any other law to the contrary, service of
any such process or pleadings in any such action against a person who
has filed a consent to service with the Secretary shall, if made on the
Secretary, be by duplicate copies, one of which shall be filed in the
office of the Secretary of State and the other shall immediately be
forwarded by the Secretary 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 Secretary of State.
44-3-149. Any condition, stipulation, or provision binding any
person acquiring any cemetery property, burial lot, burial right,
burial merchandise, or burial services to waive:
(1) Compliance with any provision of this article or of the
rules and regulations promulgated hereunder;
(2) Any rights provided by this article or by the rules and
regulations promulgated hereunder; or
(3) Any defenses arising under this article or under the rules
and regulations promulgated hereunder;
shall be void.
44-3-150. For any action taken or any proceeding had under the
provisions of this article or under color of the law, the Secretary of
State shall be immune from liability and action to the same extent
that any judge of any court of general jurisdiction in this state would
be immune.
44-3-151. (a) In any action, civil or criminal, a certificate
signed and sealed by the Secretary of State, 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.
1538
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In any action, civil or criminal, copies, photostatic or other-
wise, certified by the Secretary of State 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.
44-3-152. (a) Prior law exclusively governs all actions, prose-
cutions, or proceedings which are pending or may be initiated on the
basis of facts or circumstances occurring before July 1, 1983, except
that no civil action may be maintained to enforce any liability under
prior law unless brought within any period of limitation which
applied when the cause of action accrued and, in any event, no later
than July 1,1983.
(b) All effective registrations under prior law, all administrative
orders relating to such registrations, and all conditions imposed upon
such registrations remain in effect. They shall be deemed to have
been filed, entered, or imposed under this article but are governed by
prior law.
(c) Judicial review of all administrative orders as to which review
proceedings have not been instituted by July 1,1983, are governed by
Code Section 44-3-146 of this article, except that no review proceed-
ing 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, no later than August 1,1983.
Section 2. This Act shall become effective on July 1,1983.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 1,1983.
GEORGIA LAWS 1983 SESSION
1539
GOVERNOR, LIEUTENANT GOVERNOR OATH OF
OFFICE.
OFFICE OF ENERGY RESOURCES ESTABLISHED.
Code Title 45, Chapter 12 Amended.
No. 549 (House Bill No. 24).
AN ACT
To amend Chapter 12 of Title 45 of the Official Code of Georgia
Annotated, relating to the Governor, so as to change the provisions
relating to the oath of office of the Governor; to provide for an oath of
office for the Lieutenant Governor; to abolish the Georgia Council for
Energy Resources; to establish the Office of Energy Resources; to
provide for a director and other personnel; to attach such office to the
Office of Planning and Budget for administrative purposes; 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. It is the intent of Section 2 of this Act to implement
the provisions of Article V, Section I, Paragraph VI of the Constitu-
tion of the State of Georgia.
Section 2. Chapter 12 of Title 45 of the Official Code of Georgia
Annotated, relating to the Governor, is amended by striking Code
Section 45-12-4, relating to the oath of office of the Governor, in its
entirety and inserting in lieu thereof a new Code Section 45-12-4 to
read as follows:
45-12-4. The Governor-elect shall, before he enters on the
duties of his office, take the following oath in the presence of the
General Assembly in joint session of the Senate and House of Repre-
sentatives:
I do solemnly swear or affirm that I will faithfully execute the
office of Governor of the State of Georgia and will, to the best of
my ability, preserve, protect, and defend the Constitution thereof
and the Constitution of the United States.
1540
GENERAL ACTS AND RESOLUTIONS, VOL. I
Upon so taking the oath, the Governor-elect shall become Gover-
nor. The Lieutenant Governor-elect shall take the same oath
with the substitution of Lieutenant Governor for Governor
and upon so taking such oath shall become Lieutenant Gover-
nor.
Section 3. Chapter 12 of Title 45 of the Official Code of Georgia
Annotated, relating to the Governor, is amended by striking in its
entirety Part 3 of Article 4 thereof, which reads as follows:
Part 3
45-12-150. Planning, developing, and managing Georgias
energy resources while protecting the economic, social, and environ-
mental values of its citizens requires expanded authority and capabil-
ity and a unified, coordinated response within state government. It is
the public policy of this state to ensure energy conservation and
efficiency; to ensure the wise management and development of tradi-
tional energy resources; and to ensure the development and place-
ment into the market place of viable alternate energy resources for
the purposes of providing an adequate energy supply, economic
prosperity, and a safe environment for Georgians.
45-12-151. There is created an energy resources advisory council
to be known as the Georgia Council for Energy Resources.
45-12-152. The council shall consist of 11 members as follows:
the vice-president for research, University of Georgia; the vice-
president for research, Georgia Institute of Technology; two members
of the House of Representatives, to be appointed by the Speaker
thereof; two members of the Senate, to be appointed by the Lieuten-
ant Governor; and five individuals from and representative of the
public at large, to be appointed by the Governor. The council shall
meet upon the call of the Governor. Appointments to the council shall
be made within 30 days of the Governors announcement of the
council session. Unless extended by the General Assembly, the coun-
cil shall be abolished on July 1,1984.
45-12-153. (a) The council shall:
(1) Evaluate and assess state energy policies and their
impact upon the economy and the environment and make recom-
mendations thereon to the Governor and the General Assembly;
GEORGIA LAWS 1983 SESSION
1541
(2) Encourage the cooperation of federal, state, and local
governmental officers, units, activities, and agencies in the promo-
tion and attainment of the purposes of this part;
(3) Enlist the cooperation of public utilities, civic and com-
munity organizations, industrial and commercial organizations,
labor organizations, and other identifiable groups in order to
develop and implement programs which further the purposes of
this part;
(4) Recommend actions which would assist in eliminating
duplication of effort among governmental departments and agen-
cies involved in energy activities; and
(5) Recommend to the Governor actions needed to accom-
plish the purposes of this part.
(b) The council may recommend the adoption of rules and
regulations to the director of the Office of Planning and Budget to
carry out the purposes of this part.
45-12-154. There is established within the Office of Planning
and Budget a division to be designated as the Office of Energy
Resources. The director of the Office of Planning and Budget shall
select and appoint the director of said office and select other such
personnel as he shall determine to be necessary to fulfill the purposes
of this part.
45-12-155. (a) The Office of Energy Resources shall have sole
authority and responsibility for the administration of this part.
(b) The Office of Energy Resources shall have the authority and
responsibility to do the following:
(1) Consult with other departments, agencies, or officials of
this state, or political subdivisions thereof, and appropriate pri-
vate and professional organizations in matters related to energy.
Any other department, educational institution, agency, or official
of this state or political subdivision thereof which in any way
would affect the administration or enforcement of this part is
required to coordinate all such activities with the Office of Energy
Resources to assure orderly and efficient administration and
enforcement of this part;
1542
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) To do all things necessary to cooperate with the United
States government and to qualify for, accept, and disburse any
private grant intended for the administration of this part;
(3) To apply for, receive, accept, and administer federal
funds and programs made available to the state for the purposes of
this part;
(4) Contract for services if such services cannot be satisfac-
torily performed by employees of the office or by any other state
agency;
(5) Enter into agreements to carry out energy-related
research and planning jointly with other states or the federal
government where appropriate;
(6) Inform, educate, and provide materials to other agencies
of the state or political subdivisions thereof and to the public on
all energy-related matters, with particular emphasis on energy
consumption trends and their social, environmental, and eco-
nomic impacts; conservation and energy efficiency; and alterna-
tive energy technologies;
(7) Monitor and assess the relationship and impact of inter-
national, federal, and regional energy policies on the states energy
policies and programs;
(8) Collect and analyze data relating to past, present, and
future consumption levels for all sources of energy and report such
findings to the Governor annually. Such reports shall make recom-
mendations on actions which would further the purposes stated in
Code Section 45-12-150;
(9) Prepare, and present to the government for approval, a
standby emergency plan setting forth actions to be taken in the
event of an impending serious shortage of energy or a threat to
public health, safety, or welfare;
(10) Design and implement a program to encourage energy
conservation and efficiency, to include, but not be limited to,
public, commercial, industrial, governmental, and residential
areas;
GEORGIA LAWS 1983 SESSION
1543
(11) Maintain awareness of all energy-related research, with
particular emphasis on alternative energy resources creating mini-
mal environmental impact, which research could be of importance
to the states welfare for the purposes of providing constructive
and supportive action; and
(12) Solicit funds made available for the purposes of infor-
mation, research studies, demonstrations, and projects of profes-
sional and civic orientation which are related to energy conserva-
tion and efficiency, the development and utilization of alternative
energy technologies, and other appropriate energy-related areas.
45-12-156. The Office of Energy Resources shall develop and
administer an energy extension service utilizing existing organiza-
tions and their networks at the state and substate levels to the
maximum extent possible for program implementation.
45-12-157. The energy extension service program shall provide,
but not be limited to, the following:
(1) Technical assistance to industrial, commercial, and
institutional establishments for the purpose of facilitating the use
of energy conservation techniques, energy efficient technologies,
and available alternate energy technologies;
(2) An advisory service to residential, commercial, indus-
trial, and institutional energy consumers on energy conservation
measures, energy efficient technologies, and available alternate
energy systems;
(3) Public education and training workshops on energy
conservation and available alternate energy systems; and
(4) A feedback mechanism to maintain awareness of energy
research and development needs at the local level.
45-12-158. The director of the Office of Planning and Budget
shall have the authority to promulgate and adopt rules and regula-
tions to carry out the purposes of this part.,
and inserting in lieu thereof a new Part 3 to read as follows:
1544
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
45-12-150. Planning, developing, and managing Georgias
energy resources while protecting the economic, social, and environ-
mental values of its citizens requires expanded authority and capabil-
ity and a unified, coordinated response within state government. It is
the public policy of this state to ensure energy conservation and
efficiency; to ensure the wise management and development of tradi-
tional energy resources; and to ensure the development and place-
ment into the market place of viable alternate energy resources for
the purposes of providing an adequate energy supply, economic
prosperity, and a safe environment for Georgians.
45-12-151. There is established the Office of Energy Resources
which shall be attached for administrative purposes only, as that term
is defined in Code Section 50-4-3, to the Office of Planning and
Budget. The director of the Office of Energy Resources shall be
selected and appointed by the Governor and shall serve at his
pleasure. The director of the Office of Energy Resources shall have
the authority to select, with the concurrence of the Governor, other
personnel to fulfill the purposes of this part.
45-12-152. (a) The Office of Energy Resources shall have sole
authority and responsibility for the administration of this part.
(b) The Office of Energy Resources shall have the authority and
responsibility to do the following:
(1) Consult with other departments, agencies, or officials of
this state, or political subdivisions thereof, and appropriate pri-
vate and professional organizations in matters related to energy.
Any other department, educational institution, agency, or official
of this state or political subdivision thereof which in any way
would affect the administration or enforcement of this part is
required to coordinate all such activities with the Office of Energy
Resources to assure orderly and efficient administration and
enforcement of this part;
(2) To do all things necessary to cooperate with the United
States government and to qualify for, accept, and disburse any
private grant intended for the administration of this part;
GEORGIA LAWS 1983 SESSION
1545
(3) To apply for, receive, accept, and administer federal
funds and programs made available to the state for the purposes of
this part;
(4) Contract for services if such services cannot be satisfac-
torily performed by employees of the office or by any other state
agency;
(5) Enter into agreements to carry out energy related
research and planning jointly with other states or the federal
government where appropriate;
(6) Inform, educate, and provide materials to other agencies
of the state or political subdivisions thereof and to the public on
all energy related matters, with particular emphasis on energy
consumption trends and their social, environmental, and eco-
nomic impacts; conservation and energy efficiency; and alterna-
tive energy technologies;
(7) Monitor and assess the relationship and impact of inter-
national, federal, and regional energy policies on the states energy
policies and programs;
(8) Collect and analyze data relating to past, present, and
future consumption levels for all sources of energy and report such
findings to the Governor annually. Such reports shall make recom-
mendations on actions which would further the purposes stated in
Code Section 45-12-150;
(9) Prepare, and present to the government for approval, a
standby emergency plan setting forth actions to be taken in the
event of an impending serious shortage of energy or a threat to
public health, safety, or welfare;
(10) Design and implement a program to encourage energy
conservation and efficiency, to include, but not be limited to,
public, commercial, industrial, governmental, and residential
areas;
(11) Maintain awareness of all energy related research, with
particular emphasis on alternative energy resources creating mini-
mal environmental impact, which research could be of importance
to the states welfare for the purposes of providing constructive
and supportive action; and
1546
GENERAL ACTS AND RESOLUTIONS, VOL. I
(12) Solicit funds made available for the purposes of infor-
mation, research studies, demonstrations, and projects of profes-
sional and civic orientation which are related to energy conserva-
tion and efficiency, the development and utilization of alternative
energy technologies, and other appropriate energy related areas.
45-12-153. The Office of Energy Resources shall develop and
administer an energy extension service utilizing existing organiza-
tions and their networks at the state and substate levels to the
maximum extent possible for program implementation.
45-12-154. The energy extension service program shall provide,
but not be limited to, the following:
(1) Technical assistance to industrial, commercial, and
institutional establishments for the purpose of facilitating the use
of energy conservation techniques, energy efficient technologies,
and available alternate energy technologies;
(2) An advisory service to residential, commercial, indus-
trial, and institutional energy consumers on energy conservation
measures, energy efficient technologies, and available alternate
energy systems;
(3) Public education and training workshops on energy
conservation and available alternate energy systems; and
(4) A feedback mechanism to maintain awareness of energy
research and development needs at the local level.
45-12-155. The director of the Office of Energy Resources shall
have the authority to promulgate and adopt rules and regulations to
carry out the purposes of this part.
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 April 1,1983.
GEORGIA LAWS 1983 SESSION
1547
PUBLIC SCHOOL CHILDREN SCREENING FOR
SCOLIOSIS.
Code Section 20-2-772 Enacted.
No. 550 (House Bill No. 129).
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the
Official Code of Georgia Annotated, relating to health of public school
children, so as to provide for screening of public school children for
scoliosis; to provide for other matters relative thereto; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 3 of Article 16 of Chapter 2 of Title 20 of the
Official Code of Georgia, relating to health of public school children,
is amended by adding at the end of said Part 3 a new Code Section 20-
2-772 to read as follows:
20-2-772. In addition to any other requirements of this part,
the Department of Human Resources is authorized and directed, in
cooperation with the State Board of Education, to promulgate rules
and regulations to provide for the screening of public school children
for scoliosis.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
1548
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES
ACT.
Code Title 10, Chapter 1, Article 22
Enacted.
No. 551 (Senate Bill No. 199).
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to selling and other trade practices, so as to
provide for the Georgia Motor Vehicle Franchise Practices Act; to
provide for general provisions; to provide for legislative findings; to
provide definitions; to provide for civil actions for violations; to
provide for application of the article; to provide for a statute of
limitations; to provide that the remedies contained in the article are
not exclusive remedies; to provide for the Georgia Motor Vehicle
Dealers Day in Court Act; to provide that franchisors must act in
good faith in their dealings with dealers; to provide for the Motor
Vehicle Warranty Practices Act; to provide for warranty and prede-
livery obligations; to provide for liability for transportation damages;
to provide for payment of certain attorneys fees; to provide for the
Motor Vehicle Franchise Continuation and Succession Act; to
provide for termination, cancellation, and nonrenewal rights in a
motor vehicle franchise; to provide for survivorship and succession
rights in a motor vehicle franchise; to provide for ownership and
management protections for motor vehicle dealers; to provide for the
Motor Vehicle Fair Practices Act; to provide for restrictions against
unfair trade practices; to provide for burdens of proof; to provide for
severability; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, relating to selling and other trade practices, is amended
by adding at the end thereof a new Article 22 to read as follows:
GEORGIA LAWS 1983 SESSION
1549
ARTICLE 22
Part 1
10-1-620. This article shall be known and may be cited as the
| Georgia Motor Vehicle Franchise Practices Act.
10-1-621. The General Assembly finds and declares that:
(1) The distribution and sale of motor vehicles within this
state are vital to the general economy of this state and to the
public interest and public welfare;
(2) The provision for warranty service and the repair of
predelivery transportation damages to motor vehicles is of sub-
stantial concern to the people of this state;
(3) The maintenance of full and fair competition among
dealers and others is in the public interest; and
(4) The maintenance of strong and sound dealerships is
essential to provide continuing and necessary reliable services to
the consuming public in this state and to provide stable employ-
ment to the citizens of this state.
10-1-622. As used in this article, the term:
(1) Dealer means any person engaged in the business of
selling, offering to sell, soliciting, or advertising the sale of new
motor vehicles and who is licensed or otherwise authorized to
utilize trademarks or service marks associated with one or more
makes of motor vehicles in connection with such sales. The term
dealer shall not mean any person engaged solely in the business
of selling used motor vehicles.
(2) Dealership means:
(A) The dealer, if the dealer is a corporation, partner-
ship, or other business organization; or
(B) All business assets used in connection with the
dealers business pursuant to the franchise including, but not
limited to, the dealership facilities, the franchise, inventory,
accounts receivable, and good will if the dealer is an individ-
ual.
1550
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Dealership facilities means the location at which a
dealer, pursuant to a franchise, maintains a permanent showroom
for new motor vehicles.
(4) Designated successor means any person or child who, in
the case of the owners death, is entitled to inherit the ownership
interest in the dealership under the owners will or who, in the case
of an incapacitated owner, has been appointed by a court as the
legal representative of the owners property or has been otherwise
lawfully nominated or constituted to manage the dealership on
behalf of the owner. A designated successor may also mean a
person specifically named in the franchise agreement or any
addendum to the franchise agreement.
(5) Distributor means any person, resident or nonresident,
who directly or indirectly in the ordinary course of business and on
a recurring basis sells such new motor vehicles to a dealer for
resale if such person is the principal supplier of any make of motor
vehicle for two or more dealers.
(6) Franchise means the written agreement or contract
between any franchisor and any dealer which purports to fix the
legal rights and liabilities of the parties to such agreement or
contract and pursuant to which the dealer purchases and resells
motor vehicles or leases or rents the dealership facilities.
(7) Franchisor means:
(A) Any person, resident or nonresident, who directly
or indirectly licenses or otherwise authorizes one or more
dealers to use a trademark or service mark associated with a
make of motor vehicle in connection with the retail sale of
new motor vehicles bearing such trademark or service mark;
and
(B) Any person who in the ordinary course of business
and on a recurring basis sells such new motor vehicles to a
dealer for resale.
(8) Good faith means honesty in fact and the observation
of reasonable commercial standards of fair dealing in the trade as
defined and interpreted in Code Section 11-1-203.
GEORGIA LAWS 1983 SESSION
1551
(9) Manufacturer means any person who performs the
major portion of the assembly of a new motor vehicle.
(10) Motor vehicle means every self-propelled vehicle
intended primarily for use and operation on the public highways,
except farm tractors and other machines and tools used in the
production, harvesting, and care of farm products and except
construction equipment.
(11) New motor vehicle means a motor vehicle which has
been sold to a dealer and on which the original motor vehicle title
has not been issued.
(12) Owner means any person holding an ownership interest
in a dealership.
(13) Person means every natural person, partnership, cor-
poration, association, trust, estate, or any other legal entity.
(14) Warrantor means any person who gives a warranty in
connection with a new motor vehicle.
(15) Warranty means a written document signed or autho-
rized by the party on whose behalf it is given which is made or
given incident to the sale or lease of a new motor vehicle which
contains either statements or promises that said new motor
vehicle meets or will meet certain standards or promises to
perform certain repairs or other services in connection with said
new motor vehicle if necessary. Such term does not include service
contracts, mechanical or other insurance, or extended warranties
sold for separate consideration by a dealer or other person not
controlled by a manufacturer or distributor.
10-1-623. (a) Notwithstanding the terms, provisions, or condi-
tions of any agreement or franchise or other terms or provisions of any
novation, waiver, or other written instrument, any person who is or
may be injured by a violation of a provision of this article or any party
to a franchise who is so injured in his business or property by a
violation of a provision of this article relating to that franchise or any
person so injured because he refuses to accede to a proposal for an
arrangement which, if consummated, would be in violation of this
article may bring an action for damages and equitable relief including
injunctive relief.
1552
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) If the franchisor engages in aggravated or continued multiple
intentional violations of a provision or provisions of this article, the
court may award punitive damages in addition to any other damages
authorized under this part.
(c) A dealer, owner, or other party, if he has not suffered any loss
of money, property, employment rights, or business opportunity, may
obtain final equitable relief if it can be shown that the violation of a
provision of this article by a franchisor may have the effect of causing
such loss of money, property, employment rights, or business oppor-
tunity.
(d) This Code section shall not prevent a dealer from voluntarily
entering into a valid release agreement.
10-1-624. (a) Any person who engages directly or indirectly in
purposeful contacts within this state in connection with the offering
of advertising for sale or has business dealings with respect to a new
motor vehicle sale within this state shall be subject to the provisions
of this article and shall be subject to the jurisdiction of the courts of
this state.
(b) The applicability of this article shall not be affected by a
choice of law clause in any franchise, agreement, waiver, novation, or
any other written instrument.
(c) Any provision of any franchise, agreement, waiver, novation,
or any other written instrument executed, modified, extended, or
renewed after July 1,1983, which is in violation of any Code section of
this article shall be deemed null and void and without force and
effect.
(d) No franchisor shall use any subsidiary corporation, affiliated
corporation, or any other controlled corporation, partnership, associ-
ation, or person to accomplish what would otherwise be illegal con-
duct under this article on the part of the franchisor.
10-1-625. Actions arising out of any provision of this article shall
be commenced within a four-year period of the accrual of the cause of
action; however, if a person liable under this article conceals the cause
of action from the knowledge of the person entitled to bring the
action, the period prior to the discovery of his cause of action by the
person entitled to bring such action shall be excluded in determining
the time limited for the commencement of the action.
GEORGIA LAWS 1983 SESSION
1553
10-1-626. The rights, remedies, and duties contained in this
article are not exclusive but are cumulative with the rights, remedies,
and duties otherwise provided by law. The rights and duties con-
tained in the various parts of this article are not exclusive but are
cumulative with the rights and duties provided in other parts of this
article.
10-1-627. No franchisor, nor any agent nor employee of a fran-
chisor, shall use a written instrument, agreement, or waiver to
attempt to nullify any of the provisions of this article and any such
agreement, written instrument, or waiver shall be null and void. This
Code section shall not prevent a dealer from voluntarily entering into
a valid release agreement.
Part 2
10-1-630. This part shall be known and may be cited as the
Georgia Motor Vehicle Dealers Day in Court Act.
10-1-631. (a) It is declared to be violative of the existing law of
the State of Georgia for any franchisor:
(1) To fail to act in good faith with any dealer in connection
with the sale, transfer, termination, or succession of a franchise or
in connection with the operation of a dealers business pursuant to
a franchise or to fail to act in good faith in any of its business
transactions with a dealer; or
(2) To utilize a boycott, refusal to deal, threat of refusal to
deal, coercion, threat of punitive action, withholding of benefits,
or other unconscionable business practices in any of its business
transactions with a dealer.
(b) Without limitation as to other actions which may violate this
Code section, it shall be evidence of a violation of this Code section if a
franchisor commits any action which would be a violation of any part
of the Georgia Motor Vehicle Franchise Practices Act.
Part 3
10-1-640. This part shall be known and may be cited as the
Motor Vehicle Warranty Practices Act.
1554
GENERAL ACTS AND RESOLUTIONS, VOL. I
10-1-641. (a) (1) Each distributor, manufacturer, or warran-
tor:
(A) Shall specify in writing to each of its dealers in this
state the dealers obligations for predelivery preparation
including the repair of damages incurred in the trans-
portation of vehicles as set forth in Code Section 10-1-642,
recall work, and warranty service on its products;
(B) Shall compensate the dealer for such work and
service required of the dealer by the distributor, manufac-
turer, or warrantor;
(C) Shall provide the dealer with a schedule of compen-
sation to be paid such dealer for parts, work, and service in
connection therewith; and
(D) Shall provide the dealer with a schedule of the time
allowance for the performance of such work and service. Any
such schedule of compensation shall include reasonable com-
pensation for diagnostic work, repair service, and labor. Time
allowances for the diagnosis and performance of such work
and service shall be reasonable and adequate for the work to
be performed.
(2) In the determination of what constitutes reasonable
compensation under this Code section, the principal factors to be
considered shall be the prevailing wage rates being paid by dealers
in the community in which the dealer is doing business. In no
event shall the hourly labor rate paid to a dealer for such work and
service be less than the rate charged by such dealer for like work
and service to nonwarranty customers for nonwarranty service
and repairs provided such rate is reasonable.
(b) Manufacturers and distributors shall include in written
notices of factory recalls to new motor vehicle owners and dealers the
expected date by which necessary parts and equipment will be
available to dealers for the correction of such defects. Manufacturers
and distributors shall compensate any dealers in this state for repairs
effected by all recalls.
(c) All such claims shall be either approved or disapproved
within 30 days after their receipt on forms and in the manner
GEORGIA LAWS 1983 SESSION
1555
specified by the manufacturer, distributor, or warrantor, and any
claim not specifically disapproved in writing within 30 days after the
receipt shall be construed to be approved and payment must follow
within 30 days; however, the manufacturer, distributor, or warrantor
may retain the right to audit such claims and to charge the dealer for
false, incorrect, or unsubstantiated, or fraudulent claims for a period
of not more than two years following payment.
10-1-642. Notwithstanding the terms, provisions, or conditions of
any agreement of franchise, a manufacturer or distributor selling
motor vehicles to dealers is liable for all damages to such motor
vehicles before delivery to a carrier or transporter. If a dealer selects
the carrier, the risk of loss passes to the dealer upon delivery of the
vehicle to the carrier. In every other instance, the risk of loss remains
with the franchisor until such time as the dealer or his designee
accepts the vehicle from the carrier.
10-1-643. All manufacturers, distributors, and warrantors shall
reimburse their dealers for reasonable attorneys fees incurred by the
dealer in defending any action in which the dealer is named as a
defendant and in which the allegations set forth in the action are
based solely upon claims of alleged defective or negligent manufac-
ture, assembly, design of new motor vehicles, parts, or accessories, or
other functions by the distributor, manufacturer, or warrantor which
are beyond the control of the dealer. For this Code section to be
applicable, the dealer must give notice to the manufacturer, distribu-
tor, and warrantor within 30 days of the receipt of the action if the
manufacturer, distributor, or warrantor is not a named defendant in
the action. In addition, this Code section only applies to actions in
which a judgment or finding of fault is returned only against the
manufacturer, distributor, or warrantor or in which the manufac-
turer, distributor, or warrantor enters into an agreement which settles
or makes final disposition of the action.
10-1-644. This part shall not be applicable with respect to
vehicles shipped or contracted to be shipped prior to July 1, 1983,
pursuant to contracts which contain provisions which are contrary to
matters contained in this part.
Part 4
10-1-650. This part shall be known and may be cited as the
Motor Vehicle Franchise Continuation and Succession Act.
1556
GENERAL ACTS AND RESOLUTIONS, VOL. I
10-1-651. (a) Notwithstanding the terms, provisions, or condi-
tions of any franchise and notwithstanding the terms or provisions of
any waiver, no franchisor shall cancel, terminate, or fail to renew any
franchise with a dealer unless the franchisor:
(1) Has satisfied the notice requirement of subsection (e) of
this Code section; and
(2) Has good cause for cancellation, termination, or nonre-
newal.
(b) Notwithstanding the terms, provisions, or conditions of any
franchise or the terms or provisions of any waiver, good cause shall
exist for the purposes of a termination, cancellation, or nonrenewal
when there is a failure by the dealer to comply with a provision of the
franchise which is both reasonable and of material significance to the
franchise relationship, provided the dealer has been notified in
writing of the failure within 180 days after the franchisor first
acquired knowledge of such failure or after the dealer is given a
reasonable opportunity to correct such failure for a period of not less
than 180 days.
(c) If the failure by the dealer, as defined in subsection (b) of this
Code section, relates to the performance of the dealer in sales or
service, then good cause shall be defined as the failure of the dealer to
comply with reasonable performance criteria established by the fran-
chisor if:
(1) The dealer was notified by the franchisor in writing of
such failure;
(2) Said notification stated that notice was provided of
failure of performance pursuant to this Code section; and
(3) The dealer was afforded a reasonable opportunity, for a
period of not less than six months, to comply with such criteria.
(d) The franchisor shall have the burden of proof under this
Code section.
(e) (1) Notwithstanding franchise terms to the contrary, prior
to the termination, cancellation, or nonrenewal of any franchise,
the franchisor shall furnish notification, as provided in paragraph
GEORGIA LAWS 1983 SESSION
1557
(2) of this subsection, of such termination, cancellation, or nonre-
newal to the dealer as follows:
(A) Not less than 90 days prior to the effective date of
such termination, cancellation, or nonrenewal;
(B) Not less than 15 days prior to the effective date of
such termination, cancellation, or nonrenewal with respect to
any of the following:
(i) Insolvency of the dealer, or filing of any peti-
tion by or against the dealer under any bankruptcy or
receivership law;
(ii) Failure of the dealer to conduct its customary
sales and service operations during its customary busi-
ness hours for seven consecutive business days, except for
acts of God or circumstances beyond the direct control of
the dealer;
(iii) Conviction of the dealer, general manager, or
managing executive or any owner with a substantial
interest therein of any crime which materially relates to
the operation of the dealership or any felony which is
punishable by imprisonment;
(iv) Suspension for a period of more than 14 days
or revocation of any license which the dealer is required
to have to operate a dealership; or
(v) Fraud or intentional misrepresentation by the
dealer which materially affects the franchise, provided
the franchisor gives notice within one year of the time
when the fraud or misrepresentation occurred or was
discovered, whichever is later; or
(C) Not less than 180 days prior to the effective date of
such termination or cancellation where the franchisor is
discontinuing the sale of the product line.
(2) Notification under this Code section shall be in writing
and shall be by certified mail or personally delivered to the dealer
and shall contain:
1558
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) A statement of intention to terminate, cancel, or
not to renew the franchise;
(B) A statement of the reasons for the termination,
cancellation, or nonrenewal; and
(C) The date on which such termination, cancellation,
or nonrenewal is to take effect.
(f) (1) Upon the termination, cancellation, or nonrenewal of
any franchise by the franchisor pursuant to this Code section, the
dealer shall be paid fair and reasonable compensation by the
franchisor for the following:
(A) Any new and unused current model year motor
vehicle inventory which has been acquired from the fran-
chisor so long as the motor vehicle has not been altered,
damaged, or materially changed while in the dealers posses-
sion;
(B) Any unused, undamaged, and unsold supplies and
parts which have been acquired from the franchisor, provided
such supplies and parts are currently offered for sale by the
franchisor in its current parts catalog and are in salable
condition;
(C) Any equipment and furnishings purchased from
the franchisor or its approved sources within three years of
the date of termination, cancellation, or nonrenewal; and
(D) Any special tools purchased from the franchisor
within three years of the date of termination, cancellation, or
nonrenewal or any special tools which the franchisor required
the dealer to purchase.
(2) Fair and reasonable compensation for the above shall in no
instance be less than the net acquisition price if the items were
acquired in the 12 months preceding the effective date of termina-
tion, cancellation, or nonrenewal, or the fair market value if the
items were acquired more than 12 months preceding the effective
date of termination, cancellation, or nonrenewal and shall be paid
by the franchisor within 90 days of the effective date of termina-
tion, cancellation, or nonrenewal, provided the dealer has clear
GEORGIA LAWS 1983 SESSION
1559
title to the inventory and other items or is able to convey such title
to the franchisor and does convey or transfer title and possession
of the inventory and other items to the franchisor.
(g) In the event of a termination, cancellation, or nonrenewal by
the franchisor pursuant to subsection (c) of this Code section, relating
to the performance of the dealer in sales or service, then the fran-
chisor shall pay the dealer a sum equivalent to the rent for the
unexpired term of the lease or for one year, whichever is less. If the
dealer owns the dealership facilities, the franchisor shall pay the
dealer a sum equivalent to the reasonable rental value of the dealer-
ship facilities for one year. Each time limit set forth in this subsection
may be for a longer term if so provided in the franchise agreement.
(h) If, in an action for damages under this section, the franchisor
fails to prove that there was good cause for the franchise termination,
cancellation, or nonrenewal, then the franchisor may pay the dealer
an amount equal to the value of the dealership as an ongoing business,
at which time the franchisor shall receive any title to the dealership
facilities which the dealer may have and the franchisee shall surren-
der his franchise agreement to the franchisor. If the dealer receives
an amount equal to the value as an ongoing business, the dealer shall
have no other recovery from the franchisor absent a showing such as
would warrant punitive damages under Code Section 10-1-623.
(i) Without limitation as to factors which may constitute or
indicate a lack of good cause, no termination shall be considered to be
for good cause:
(1) If such termination relates to the death or disability of
an owner and the franchisor has not complied with Code Section
10-1-652; or
(2) If such termination relates to a change in ownership or
management and the franchisor has not complied with Code
Section 10-1-653.
10-1-652. (a) Unless there exists good cause for refusal to
honor succession on the part of the franchisor, any designated succes-
sor of a deceased or incapacitated owner may succeed to the owner-
ship interest of the owner under the existing franchise if:
1560
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The designated successor gives the franchisor written
notice of his or her intention to succeed to the ownership interest
within 60 days of the owners death or incapacity or within a
longer period if so provided in the franchise agreement; and
(2) The designated successor agrees to be bound by all the
terms and conditions of the franchise.
(b) The franchisor may request, and the designated successor
shall provide promptly upon said request, personal and financial data
that is customarily required by the franchisor to determine whether
the succession should be honored.
(c) If a franchisor believes that good cause exists for refusing to
honor the succession to the ownership interest of an owner by a
designated successor of a deceased or incapacitated owner, the fran-
chisor may, within 60 days following receipt of notice of the desig-
nated successors intent to succeed to the ownership interest of the
owner or any personal or financial data which the franchisor has
requested, serve upon the designated successor notice of its refusal to
honor the succession and of its intent to discontinue the existing
franchise with the dealer; however, if the franchisor shall enter into
one or more interim or trial agreements with the designated successor,
which interim or trial agreements may not extend more than three
years from the owners death or disability, then and in such event
such notice shall be deemed timely if sent within 60 days of the
termination of such interim or trial agreement. The notice must state
the specific grounds for the refusal to honor the succession and of its
intent to discontinue the existing franchise with the dealer.
(d) If a franchisor refuses to honor the succession to the owner-
ship interest of a deceased or incapacitated owner, then and in such
event:
(1) The franchisor shall allow the designated successor a
reasonable period of time which shall not be less than six months
in which to negotiate a sale of the dealership. Any such sale shall
be subject to Code Section 10-1-653; and
(2) Upon termination of the franchise pursuant to such
refusal, the provisions of Code Section 10-1-651 shall apply.
GEORGIA LAWS 1983 SESSION
1561
(e) If notice of refusal and discontinuance is not timely served
upon the designated successor, the franchise shall continue in effect
subject to termination only as otherwise permitted by this part.
(f) In determining whether good cause for the refusal to honor
the succession exists, the franchisor has the burden of proving that
the designated successor is a person who is not of good moral
character or does not meet the franchisors existing and reasonable
standards.
(g) No franchisor shall terminate, cancel, or fail to renew any
franchise solely because of the death or incapacity of an owner who is
not listed in the franchise as one on whose expertise and abilities the
franchisor relied in the granting of the franchise.
(h) This Code section does not preclude a new motor vehicle
dealer from time to time designating any person as his or her
successor by written instrument filed with the manufacturer or
distributor and, if such instrument is currently on file with such
manufacturer or distributor, it alone shall determine the succession
rights to the management and operation of the dealership.
10-1-653. (a) If a new motor vehicle dealer desires to make a
change in its executive management or ownership or to sell its
principal assets, the new motor vehicle dealer will give the franchisor
prior written notice of the proposed change or sale. The franchisor
shall not arbitrarily refuse to agree to such proposed change or sale.
Where the franchisor rejects a proposed change or sale, the franchisor
shall give written notice of his reasons to the new motor vehicle dealer
within 60 days. If no such notice is given to the new motor vehicle
dealer, the change or sale shall be deemed approved. The franchisor
shall have the burden of proof to show that its disapproval is not
arbitrary.
(b) In the alternative, the franchisor may offer to purchase an
ownership interest in a new motor vehicle dealership on such terms
and conditions, including entering into any ancillary or auxiliary
contracts, as were disclosed by the owner to the franchisor.
10-1-654. This part shall be applicable only to franchise agree-
ments made, entered into, renewed, continued, or extended after
June 30,1983.
1562
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 5
10-1-660. This part shall be known and may be cited as the
Motor Vehicle Fair Practices Act.
10-1-661. (a) No franchisor shall require, attempt to require,
coerce, or attempt to coerce any dealer in this state:
(1) To order or accept delivery of any new motor vehicle,
part, or accessory thereof, equipment, or any other commodity not
required by law which shall not have been voluntarily ordered by
the dealer; except that this paragraph does not affect any terms or
provisions of a franchise requiring dealers to market a representa-
tive line of those motor vehicles which the franchisor is publicly
advertising;
(2) To order or accept delivery of any new motor vehicle
with special features, accessories, or equipment not included in
the list price of such new motor vehicle as publicly advertised by
the franchisor;
(3) To refrain from participation in the management of,
investment in, or the acquisition of any other line of new motor
vehicle or related products. However, this paragraph does not
apply unless the dealer maintains a reasonable line of credit for
each make or line of new motor vehicle, the dealer remains in
compliance with any reasonable facilities requirements of the
franchisor, the dealer provides acceptable sales performance, and
no change is made in the principal management of the dealer;
(4) To expand, construct, or significantly modify facilities
without assurances that the franchisor will provide a reasonable
supply of new motor vehicles within a reasonable time so as to
justify such an expansion in light of the market and economic
conditions;
(5) To sell, assign, or transfer any retail installment sales
contract obtained by such dealer in connection with the sale by
him in this state of new motor vehicles to a specified finance
company or class of such companies or to any other specified
persons; or
GEORGIA LAWS 1983 SESSION
1563
(6) To provide warranty or other services for the account of
franchisor, except as provided in the Georgia Motor Vehicle
Warranty Practices Act.
(b) No action shall in any way be based on this Code section with
respect to acts occurring prior to July 1,1983.
10-1-662. (a) It shall be unlawful for any franchisor:
(1) To delay, refuse, or fail to deliver new motor vehicles or
new motor vehicle parts or accessories in a reasonable time and in
reasonable quantity if such vehicles, parts, or accessories are
publicly advertised as being available for immediate delivery.
This paragraph is not violated, however, if such failure is caused
by acts or causes beyond the control of the franchisor;
(2) To obtain money, goods, services, or any other benefit
from any other person with whom the dealer does business, on
account of, or in relation to, the transaction between the dealer
and such other person, other than as compensation for services
rendered, unless such benefit is promptly accounted for and
transmitted to the dealer;
(3) To release to any outside party, except under subpoena
or as otherwise required by law or in an administrative, judicial, or
arbitration proceeding involving the franchisor or dealer, any
business, financial, or personal information which may be from
time to time provided by the dealer to the franchisor, without the
express written consent of the dealer;
(4) To resort to or to use any false or intentionally deceptive
advertisement in the conduct of his business as a franchisor in this
state;
(5) To make any false or intentionally deceptive statement,
either directly or through any agent or employee, in order to
induce any dealer to enter into any agreement or franchise or to
take any action which is prejudicial to that dealer or his business;
(6) To require any dealer to assent prospectively to a
release, assignment, novation, waiver, or estoppel which would
relieve any person from liability to be imposed by law or to require
any controversy between a dealer and a franchisor to be referred to
1564
GENERAL ACTS AND RESOLUTIONS, VOL. I
any person other than the duly constituted courts of the state or
the United States if such referral would be binding upon the
dealer, provided that this Code section shall not prevent any
dealer from entering into a valid release agreement with the
franchisor;
(7) To fail to observe good faith in any aspect of dealings
between the franchisor and the dealer;
(8) To deny any dealer the right of free association with any
other dealer for any lawful purposes; or
(9) To engage in any predatory practice or discrimination
against any dealer.
(b) No action shall in any way be based on this Code section with
respect to acts occurring prior to July 1,1983.
10-1-663. (a) No franchisor shall require, attempt to require,
coerce, or attempt to coerce any dealer in this state:
(1) To participate monetarily in an advertising campaign or
contest or to purchase any promotional materials, training materi-
als, showroom or other display decorations, or materials at the
expense of the dealer; or
(2) To change or refrain from changing the capital structure
or ownership of the dealer or the means by or through which the
dealer finances the operation of the dealership, provided the
dealer at all times meets any reasonable capital standards deter-
mined by the franchisor in accordance with uniformly applied
criteria and provided no change in the capital structure shall cause
a change in the principal management or have the effect of a sale
of the franchise without the consent of the franchisor, which
consent shall not unreasonably be withheld.
(b) No franchisor shall:
(1) Refuse to disclose to any dealer the manner and mode of
distribution of the same line make as handled by the dealer within
the dealers market area;
GEORGIA LAWS 1983 SESSION
1565
(2) Increase prices of new motor vehicles which the dealer
had ordered for consumers prior to the dealers receipt of the
written official price increase notification. A sales contract signed
by a consumer shall constitute evidence of each such order,
provided the vehicle is in fact delivered to that customer. Price
differences applicable to new models or series shall not be consid-
ered a price increase. Price changes caused by the addition to a
motor vehicle of required or optional equipment, revaluation of
the United States dollar in the case of foreign-make vehicles or
components, or an increase in transportation charges due to
increased rates imposed by carriers shall not be subject to the
provisions of this paragraph;
(3) Discriminate unfairly among its dealers with respect to
any aspect of operating a motor vehicle dealership;
(4) Impose unreasonable restrictions on the dealer relative
to noncompetition covenants, site-control, whether by sublease,
collateral pledge of lease, or otherwise, right of first refusal to
purchase, option to purchase, compliance with subjective stan-
dards, or other matters incident to the operation of the dealership;
or
(5) Unreasonably change the market area of a dealer as set
forth in the dealers franchise agreement.
(c) This Code section shall not be effective with respect to
franchise agreements entered into before July 1, 1983, unless such
franchise agreements are modified, extended, or renewed on or after
that date.
Section 2. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
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.
1566
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. This Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
STATE HEALTH PLANNING AND DEVELOPMENT.
Code Title 31, Chapters 6 and 7 Amended.
No. 552 (Senate Bill No. 121).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated,
relating to health, so as to provide for policy and purpose; to provide
for definitions; to provide for a Health Policy Council and its func-
tions and for the compensation and allowances of its members; to
provide for a Health Planning Agency and its functions, duties, and
executive director; to provide for construction and intent; to provide
for certificates of need prior to the offering of certain new institu-
tional health services or health care facilities; to provide for consider-
ations and exceptions thereto; to provide for applications, actions
thereon, and reviews; to provide for hearings and reports; to provide
for a Health Planning Review Board and the expenses and counsel
thereof; to provide for notice, appeals, and judicial review; to provide
for issuance, denial, and revocation of certificates of need; to provide
for penalties and injunctions; to provide for exceptions; to provide for
emergency situations; to provide for rules; to provide for applicabil-
ity; to abolish a certain commission, agency, council, and board which
performed health planning functions and provide for certain succes-
sors thereto; to provide for transition; to provide for the applicability
of certain provisions of this Act to certain other programs; to provide
for an effective date; to repeal conflicting laws; and for other pur-
poses.
GEORGIA LAWS 1983 SESSION
1567
Be it enacted by the General Assembly of Georgia:
Section 1. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended by striking Chapter 6, relating to state
health planning and development, and inserting in its place a new
Chapter 6 to read as follows:
CHAPTER 6
ARTICLE 1
31-6-1. The policy of this state and the purposes of this chapter
are to ensure that adequate health care services and facilities are
developed in an orderly and economical manner and are made
available to all citizens and that only those health care services found
to be in the public interest shall be provided in this state. To achieve
this public policy and purpose, it is essential that appropriate health
planning activities be undertaken and implemented and that a
system of mandatory review of new institutional health services be
provided. Health care services and facilities should be provided in a
manner that avoids unnecessary duplication of services, that is cost
effective, and that is compatible with the health care needs of the
various areas and populations of the state.
31-6-2. As used in this chapter, the term:
(1) Ambulatory surgical or obstetrical facility means a
public or private facility, not a part of a hospital, which provides
surgical or obstetrical treatment to patients not requiring hospi-
talization. Such term does not include the offices of private
physicians or dentists, whether for individual or group practice.
(2) Application means a written request for a certificate of
need made to the planning agency, containing such documenta-
tion and information as the planning agency may require.
(3) Bed capacity means space used exclusively for inpa-
tient care, including space designed or remodeled for inpatient
beds even though temporarily not used for such purposes. The
number of beds to be counted in any patient room shall be the
maximum number for which adequate square footage is provided
as established by rules of the Department of Human Resources,
except that single beds in single rooms shall be counted even if the
room contains inadequate square footage.
1568
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Certificate of need means an official determination by
the planning agency, evidenced by certification issued pursuant to
an application, that the action proposed in the application satis-
fies and complies with the criteria contained in this chapter and
rules promulgated pursuant hereto.
(5) Clinical health services means diagnostic, treatment, or
rehabilitative services provided in a health care facility, or parts of
the physical plant where such services are located in a health care
facility, and includes, but is not limited to, radiology, radiation
therapy, surgery, intensive care, coronary care, pediatrics,
gynecology, obstetrics, dialysis, general medical care, medical/
surgical care, inpatient nursing care, whether intermediate,
skilled, or extended care, cardiac catheterization, open-heart sur-
gery, inpatient rehabilitation, and alcohol, drug abuse, and mental
health services.
(6) Consumer means a person who is not employed by any
health care facility or provider and who has no financial or
fiduciary interest in any health care facility or provider.
(7) Develop, with reference to a project, means:
(A) Constructing, remodeling, installing, or proceeding
with a project, or any part of a project, or a capital expendi-
ture project, the cost estimate for which exceeds $600,000.00;
or
(B) The expenditure or commitment of funds exceed-
ing $400,000.00 for orders, purchases, leases, or acquisitions
through other comparable arrangements of major medical
equipment.
Notwithstanding subparagraphs (A) and (B) of this paragraph,
the expenditure or commitment or incurring an obligation for the
expenditure of funds to develop certificate of need applications,
studies, reports, schematics, preliminary plans and specifications,
or working drawings, or to acquire, develop, or prepare sites shall
not be considered to be the developing of a project.
(8) Health care facility means hospitals; other special care
units, including podiatric facilities, skilled nursing facilities, and
kidney disease treatment centers, including freestanding
GEORGIA LAWS 1983 SESSION
1569
hemodialysis units; intermediate care facilities; personal care
homes not in existence on the effective date of this chapter;
ambulatory surgical or obstetrical facilities; health maintenance
organizations; and home health agencies.
(9) Health maintenance organization means a public or
private organization organized under the laws of this state which:
(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the follow-
ing basic health care services: usual physicians services,
hospitalization, laboratory, X-ray, emergency and preventive
services, and out-of-area coverage;
(B) Is compensated, except for copayments, for the
provision of the basic health care services listed in subpara-
graph (A) of this paragraph to enrolled participants on a
predetermined periodic rate basis; and
(C) Provides physicians services primarily:
(i) Directly through physicians who are either
employees or partners of such organization; or
(ii) Through arrangements with individual physi-
cians organized on a group practice or individual practice
basis.
(10) Health Policy Council or council means the body
created by this chapter to advise the Health Planning Agency and
adopt the state health plan.
(11) Home health agency means a public agency or private
organization, or a subdivision of such an agency or organization,
which is primarily engaged in providing to individuals who are
under a written plan of care of a physician, on a visiting basis in
the places of residence used as such individuals homes, part-time
or intermittent nursing care provided by or under the supervision
of a registered professional nurse, and one or more of the following
services:
(A) Physical therapy;
1570
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Occupational therapy;
(C) Speech therapy;
(D) Medical social services under the direction of a
physician; or
(E) Part-time or intermittent services of a home health
aide.
(12) Hospital means an institution which is primarily
engaged in providing to inpatients, by or under the supervision of
physicians, diagnostic services and therapeutic services for medi-
cal diagnosis, treatment, and care of injured, disabled, or sick
persons or rehabilitation services for the rehabilitation of injured,
disabled, or sick persons. Such term includes public, private,
psychiatric, rehabilitative, geriatric, osteopathic, and other spe-
cialty hospitals.
(13) Intermediate care facility means an institution which
provides, on a regular basis, health related care and services to
individuals who do not require the degree of care and treatment
which a hospital or skilled nursing facility is designed to provide
but who, because of their mental or physical condition, require
health related care and services beyond the provision of room and
board.
(14) New institutional health service means:
(A) The construction, development, or other establish-
ment of a new health care facility;
(B) Any expenditure by or on behalf of a health care
facility in excess of $600,000.00 which, under generally
accepted accounting principles consistently applied, is a cap-
ital expenditure, except expenditures for acquisition of an
existing health care facility not owned or operated by or on
behalf of a political subdivision of this state, or any combina-
tion of such political subdivisions, or by or on behalf of a
hospital authority, as defined in Article 4 of Chapter 7 of Title
31 or certificate of need owned by such facility in connection
with its acquisition;
GEORGIA LAWS 1983 SESSION
1571
(C) Any increase in the bed capacity of a health care
facility except as provided in Code Section 31-6-47;
(D) Clinical health services which are offered in or
through a health care facility, which were not offered on a
regular basis in or through such health care facility within the
24 month period prior to the time such services would be
offered;
(E) Any conversion or upgrading of a facility such that
it is converted from a type of facility not covered by this
chapter to any of the types of health care facilities which are
covered by this chapter; or
(F) The purchase or lease by or on behalf of a health
care facility of diagnostic or therapeutic equipment with a
value in excess of $400,000.00. The acquisition of one or more
items of functionally related diagnostic or therapeutic equip-
ment shall be considered as one project.
The dollar amounts specified in subparagraphs (B) and (F) of this
paragraph and of paragraph (7) of this Code section shall be
adjusted annually by an amount calculated by multiplying such
dollar amounts (as adjusted for the preceding year) by the annual
rate of change in the composite construction index, published by
the Bureau of the Census of the Department of Commerce of the
United States government for the preceding calendar year, com-
mencing on July 5, 1983, and on each anniversary thereafter of
publication of tbe index. The planning agency shall immediately
institute rule-making procedures to adopt such adjusted dollar
amounts. In calculating the dollar amounts of a proposed project
for purposes of subparagraphs (B) and (F) of this paragraph and
of paragraph (7) of this Code section, the costs of all items subject
to review by this chapter and items not subject to review by this
chapter associated with and simultaneously developed or pro-
posed with the project shall be counted, except for the expendi-
ture or commitment of or incurring an obligation for the expendi-
ture of funds to develop certificate of need applications, studies,
reports, schematics, preliminary plans and specifications or work-
ing drawings, or to acquire sites. In the event that the minimum
dollar thresholds of $600,000.00 and $400,000.00 for review of
capital expenditures or major medical equipment, respectively,
are changed by federal enactment above or below the levels
1572
GENERAL ACTS AND RESOLUTIONS, VOL. I
contained in subparagraphs (B) and (F) of this paragraph and of
paragraph (7) of this Code section, then the planning agency shall
immediately institute rule-making procedures to adopt such
thresholds. The planning agency rules will provide that the new
thresholds will at least be applicable to all applications submitted
after the effective date of the new planning agency rule. It is the
intention of the General Assembly that the minimum thresholds
for certificate of need review of capital expenditures and major
medical equipment in subparagraphs (B) and (F) of this para-
graph and of paragraph (7) of this Code section shall be at least as
high as those similar thresholds contained in such federal legisla-
tion.
(15) Nonclinical health services means services or func-
tions provided or performed by a health care facility, and the parts
of the physical plant where they are located in a health care
facility that are not diagnostic, therapeutic, or rehabilitative
services to patients and are not clinical health services defined in
this chapter.
(16) Offer means that the health care facility is open for the
acceptance of patients or performance of services and has quali-
fied personnel, equipment, and supplies necessary to provide
specified clinical health services.
(17) Person means any individual, trust or estate, partner-
ship, corporation (including associations, joint-stock companies,
and insurance companies), state, political subdivision, hospital
authority, or instrumentality (including a municipal corporation)
of a state as defined in the laws of this state.
(18) Personal care home means a residential facility having
at least 25 beds and providing, for compensation, protective care
and oversight of ambulatory, nonrelated persons who need a
monitored environment but who do not have injuries or disabili-
ties which require chronic or convalescent care, including medical,
nursing, or intermediate care. Personal care homes include those
facilities which monitor daily residents functioning and location,
have the capability for crisis intervention, and provide supervision
in areas of nutrition, medication, and provision of transient medi-
cal care. Such term does not include:
GEORGIA LAWS 1983 SESSION
1573
(A) Old age residences which are devoted to indepen-
dent living units with kitchen facilities in which residents
have the option of preparing and serving some or all of their
own meals; or
(B) Boarding facilities which do not provide personal
care.
(19) Planning agency means the Health Planning Agency
created by this chapter to carry out the states health planning and
certificate of need programs.
(20) Project means a proposal to take an action for which a
certificate of need is required under this chapter. A project or
proposed project may refer to the proposal from its earliest
planning stages up through the point at which the new institu-
tional health service is offered.
(21) Review board means the Health Planning Review
Board created by this chapter.
(22) Skilled nursing facility means a public or private insti-
tution or a distinct part of an institution which is primarily
engaged in providing inpatient skilled nursing care and related
services for patients who require medical or nursing care or
rehabilitation services for the rehabilitation of injured, disabled,
or sick persons.
(23) State health plan means a comprehensive program
adopted by the Health Policy Council, approved by the Governor,
and implemented by the State of Georgia for the purpose of
providing adequate health care services and facilities throughout
the state.
ARTICLE 2
31-6-20. (a) There is created a Health Policy Council to be
appointed by the Governor, subject to confirmation by the Senate.
The council shall be composed of 25 members. There shall be at least
two members from each of the congressional districts in the state, and
the remaining five members of the council shall be appointed at large,
at least three of whom shall be consumers. The Governor shall
appoint the chairman of the council. From each congressional district
1574
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Governor shall appoint a consumer of health care and a represen-
tative of providers of health care. The members shall serve for a term
of two years.
(b) The members of the council attending meetings of such
council, or attending a subcommittee meeting thereof authorized by
such council, shall receive no salary but shall be reimbursed for their
expenses in attending meetings and for transportation costs as autho-
rized by Code Section 45-7-21, which provides for the compensation
and allowances of certain state officials.
(c) The functions of the council shall be to:
(1) Adopt the state health plan and submit it to the Gover-
nor for his approval;
(2) Review, comment on, and make recommendations to the
planning agency on proposed rules for the administration of this
chapter, except emergency rules prior to their adoption by the
planning agency; and
(3) Perform such other functions as may be specified for the
council by the planning agency.
31-6-21. (a) There is created the Health Planning Agency
which is authorized to administer the certificate of need program
established under this chapter, and within the appropriations made
available to the planning agency by the General Assembly of Georgia
and consistently with the laws of the State of Georgia, a state health
plan adopted by the policy council and approved by the Governor.
The planning agency shall provide, by rule, for its own organization
and procedures to administer its functions and shall be attached to
the Department of Human Resources for administrative purposes
only, as set forth in Code Section 50-4-3.
(b) The functions of the planning agency shall be:
(1) To conduct the health planning activities of the state
and to implement those parts of the state health plan which relate
to the government of the state;
(2) To prepare and revise a draft state health plan for
submission to the policy council for adoption and submission to
the Governor;
GEORGIA LAWS 1983 SESSION
1575
(3) To assist the policy council in the performance of its
functions;
(4) With the prior advice, comment, and recommendations
of the policy council, to adopt, promulgate, and implement rules
and procedures sufficient to administer the provisions of this
chapter, except emergency rules, including the certificate of need
program. Such rules and procedures shall be adopted, promul-
gated, and implemented in accordance with Chapter 13 of Title
50, the Georgia Administrative Procedure Act. The rules and
procedures of the planning agency shall be submitted to the
Human Resources Committee of the Senate and the Health and
Ecology Committee of the House of Representatives not later than
30 days prior to the intended action by the planning agency. Each
rule or part thereof shall be subject to the making of an objection
by either such committee. Any rule or part thereof to which no
objection is made shall become adopted at the end of such 30 day
approval period. Any rule or part thereof to which an objection is
made by both such committees shall not be adopted by the
planning agency, and the rule or part thereof shall be considered
by the General Assembly at its next regular session, unless such
rule or part thereof is withdrawn by the planning agency. A
resolution objecting to the rule or part thereof not withdrawn may
be introduced in either house of the General Assembly within 30
days of the commencement of such next regular session, and upon
such resolution receiving an affirmative majority vote of both
houses of the General Assembly, the rule shall be disapproved. If
such resolution does not receive approval by both houses of the
General Assembly, the rule shall become adopted at the end of
such next regular session of the General Assembly.
(5) To define, by rule, the form, content, schedules, and
procedures for submission of applications for certificates of need
and periodic reports;
(6) To establish time periods and procedures consistent
with this chapter to hold hearings and to obtain the viewpoints of
interested persons prior to issuance or denial of a certificate of
need;
(7) To provide, by rule, for such fees as may be necessary to
cover the costs of preparing the record for appeals before the
review board of the decisions of the planning agency, which costs
1576
GENERAL ACTS AND RESOLUTIONS, VOL. I
may include reasonable sharing between the planning agency and
the parties to appeal hearings;
(8) To provide, by rule, for a reasonable and equitable fee
schedule for certificate of need applications;
(9) To grant, deny, or revoke a certificate of need as applied
for or as amended; and
(10) To perform powers and functions delegated by the
Governor, which delegation may include the powers to carry out
the duties and powers which have been delegated to the planning
agency under Section 1122 of the Social Security Act of 1935, as
amended.
31-6-22. The planning agency shall be directed by an executive
director appointed by the Governor.
ARTICLE 3
31-6-40. (a) From and after July 1,1979, only such new institu-
tional health services or health care facilities as are found by the
planning agency to be needed shall be offered in the state. Prior to
that date, only such new institutional health services or health care
facilities which had been found to be needed by the planning agency
under the immediately prior provisions of this chapter and the
regulations issued thereunder shall have been offered in the state,
unless otherwise exempt from the requirements of the law or unless
that law was not applicable. It is the intent of this provision to assure
that no new institutional health services or health care facilities, as
defined prior to July 1,1983, are allowed to avoid the requirements of
the immediately prior provisions of this chapter, and applicable
regulations, if those laws and regulations were applicable to them.
(b) Any person proposing to develop or offer a new institutional
health service or health care facility shall, before commencing such
activity, submit an application to the planning agency and obtain a
certificate of need in the manner provided in this chapter unless such
activity is excluded from the scope of this chapter.
31-6-41. (a) A certificate of need shall be valid only for the
defined scope, location, cost, service area, and person named in an
GEORGIA LAWS 1983 SESSION
1577
application, as it may be amended, and as such scope, location, area,
cost, and person are approved by the planning agency, unless such
certificate of need owned by an existing health care facility is trans-
ferred to a person who acquires such existing facility. In such case,
the certificate of need shall be valid for the person who acquires such
a facility and for the scope, location, cost, and service area approved
by the planning agency.
(b) A certificate of need shall be valid and effective for a period
of 12 months after it is issued, or such greater period of time as may be
specified by the planning agency at the time the certificate of need is
issued. Within the effective period after the grant of a certificate of
need, the applicant of a proposed project shall fulfill reasonable
performance and scheduling requirements specified by the planning
agency, by rule, to assure reasonable progress toward timely comple-
tion of a project.
(c) By rule, the planning agency may provide for extension of the
effective period of a certificate of need when an applicant, by petition,
makes a good faith showing that the conditions to be specified
according to subsection (b) of this Code section will be performed
within the extended period and that the reasons for the extension are
beyond the control of the applicant.
31-6-42. (a) The written findings of fact and decision, with
respect to the planning agencys grant or denial of a certificate of
need, shall be based on the applicable considerations specified in this
Code section and reasonable rules promulgated by the planning
agency interpretive thereof. The planning agency shall issue a
certificate of need to each applicant whose application is consistent
with the following considerations and such rules deemed applicable to
a project, except as specified in subsection (d) of Code Section 31-6-
43:
(1) The proposed new institutional health services are
reasonably consistent with the relevant general goals and objec-
tives of the state health plan;
(2) The population residing in the area served, or to be
served, by the new institutional health service has a need for such
services;
1578
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Existing alternatives for providing services in the ser-
vice area the same as the new institutional health service proposed
are neither currently available, implemented, similarly utilized,
nor capable of providing a less costly alternative, or no certificate
of need to provide such alternative services has been issued by the
planning agency and is currently valid;
(4) The project can be adequately financed and is, in the
immediate and long term, financially feasible;
(5) The effects of new institutional health service on
payors for health services, including governmental payors, are not
unreasonable;
(6) The costs and methods of a proposed construction
project, including the costs and methods of energy provision and
conservation, are reasonable and adequate for quality health care;
(7) The new institutional health service proposed is rea-
sonably, financially and physically accessible to the residents of
the proposed service area;
(8) The proposed new institutional health service has a
positive relationship to the existing health care delivery system in
the service area;
(9) The proposed new institutional health service encour-
ages more efficient utilization of the health care facility proposing
such service;
(10) The proposed new institutional health service pro-
vides, or would provide, a substantial portion of its services to
individuals not residing in its defined service area or the adjacent
service area;
(11) The proposed new institutional health service conducts
biomedical or behavioral research projects or new service develop-
ment which is designed to meet a national, regional, or state-wide
need;
(12) The proposed new institutional health service meets
the clinical needs of health professional training programs which
request assistance;
GEORGIA LAWS 1983 SESSION
1579
(13) The proposed new institutional health service fosters
improvements or innovations in the financing or delivery of health
services; promotes health care quality assurance or cost effective-
ness; or fosters competition that is shown to result in lower patient
costs without a loss of the quality of care; and
(14) The proposed new institutional health service fosters
the special needs and circumstances of health maintenance orga-
nizations.
(b) In the case of applications for the development or offering of
a new institutional health service or health care facility for osteo-
pathic medicine, the need for such service or facility shall be deter-
mined on the basis of the need and availability in the community for
osteopathic services and facilities in addition to the considerations in
subsection (a) of this Code section. Nothing in this chapter shall,
however, be construed as otherwise recognizing any distinction
between allopathic and osteopathic medicine.
(c) If the denial of an application for a certificate of need for a
new institutional health service proposed to be offered or developed
by a:
(1) Minority administered hospital facility serving a socially
and economically disadvantaged minority population in an urban
setting; or
(2) Minority administered hospital facility utilized for the
training of minority medical practitioners
would adversely impact upon the facility and population served by
said facility, the special needs of such hospital facility and the
population served by said facility for the new institutional health
service shall be given extraordinary consideration by the planning
agency in making its determination of need as required by this Code
section. The planning agency shall have the authority to vary or
modify strict adherence to the provisions of this chapter and the rules
enacted pursuant hereto in considering the special needs of such
facility and its population served and to avoid an adverse impact on
the facility and the population served thereby. For purposes of this
subsection, the term minority administered hospital facility means a
hospital controlled or operated by a governing body or administrative
staff composed predominantly of members of a minority race.
1580
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) For the purposes of the considerations contained in this
Code section and in the planning agencys applicable rules, relevant
data which were unavailable or omitted when the state health plan or
rules were prepared or revised may be considered in the evaluation of
a project.
(e) The planning agency shall specify in its written findings of
fact and decision which of the considerations contained in this Code
section and the planning agencys applicable rules are applicable to
an application and its reasoning as to and evidentiary support for its
evaluation of each such applicable consideration and rule.
31-6-43. (a) Each application for a certificate of need shall be
reviewed by the planning agency and within ten working days after
the date of its receipt a determination shall be made as to whether the
application complies with the rules governing the preparation and
submission of applications. If the application complies with the rules
governing the preparation and submission of applications, the plan-
ning agency shall declare the application complete for review, shall
accept and date the application, and shall notify the applicant of the
timetable for its review. The planning agency shall also notify a
newspaper of general circulation in the county in which the project
shall be developed that the application has been deemed complete.
The planning agency shall also notify the appropriate area planning
and development commission and the chief elected official of the
county and municipal governments, if any, in whose boundaries the
proposed project will be located that the application is complete for
review. If the application does not comply with the rules governing
the preparation and submission of applications, the planning agency
shall notify the applicant in writing and provide a list of all deficien-
cies. The applicant shall be afforded an opportunity to correct such
deficiencies, and upon such correction, the application shall then be
declared complete for review within ten days of the correction of such
deficiencies, and notice given to a newspaper of general circulation in
the county in which the project shall be developed that the applica-
tion has been so declared. The planning agency shall also notify the
appropriate area planning and development commission and the
chief elected official of the county and municipal governments, if any,
in whose boundaries the proposed project will be located that the
application is complete for review or when in the determination of the
planning agency a significant amendment is filed.
GEORGIA LAWS 1983 SESSION
1581
(b) An applicant may amend its application at any time no later
than ten days prior to the end of the review period, and the planning
agency may request an applicant to make amendments. The planning
agency decision shall be made on an application as amended, if at all,
by the applicant.
(c) Except as provided in subsection (d) of this Code section,
there shall be a time limit of 90 days for review of a project, beginning
on the day the planning agency declares the application complete for
review. The planning agency may adopt rules for determining when it
is not practicable to complete a review in 90 days and may extend the
review period upon written notice to the applicant but only for an
extended period of not longer than an additional 30 days.
(d) The planning agency may order the joinder of an application
which is complete for review with one or more subsequently filed
applications declared complete for review when:
(1) The first and subsequent applications involve similar
projects in the same service area or overlapping medical service
areas; and
(2) The subsequent applications are filed and are declared
complete for review within 30 days of the date the first application
was declared complete for review.
Following joinder of the first application with subsequent applica-
tions, none of the subsequent applications so joined may be consid-
ered as a first application for the purposes of future joinder. The
planning agency shall notify the applicant to whose application a
joinder is ordered and all other applicants previously joined to such
application of the fact of each joinder pursuant to this subsection. In
the event one or more applications have been joined pursuant to this
subsection, the time limits for planning agency action for all of the
applicants shall run from the latest date that any one of the joined
applications was declared complete for review. In the event of the
consideration of one or more applications joined pursuant to this
subsection, the planning agency may award no certificate of need, or
one or more certificates of need to the application or applications, if
any, which are consistent with the considerations contained in Code
Section 31-6-42, the planning agencys applicable rules, and the
award of which will best satisfy the purposes of this chapter.
1582
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) The planning agency shall review the application and all
written information submitted by the applicant in support of the
application to determine the extent to which the proposed project is
consistent with the applicable considerations stated in Code Section
31-6-42 and in the planning agencys applicable rules. During the
course of the review, the planning agency staff may request additional
information from the applicant as deemed appropriate. Pursuant to
rules adopted by the planning agency, a public hearing on applica-
tions covered by those regulations may be held prior to the date of the
agencys decision thereon. Such rules shall provide that when good
cause has been shown, a public hearing shall be held by the planning
agency. Any interested person may submit information to the plan-
ning agency concerning an application, and an applicant shall be
entitled to notice of and to respond to any such submission.
(f) In the event that the planning agencys initial review of an
application indicates that an application is not consistent with the
applicable considerations contained in Code Section 31-6-42 and in
the planning agencys applicable rules, on or before the sixtieth day
after an application, or the last application joined pursuant to subsec-
tion (d) of this Code section, is declared complete for review, the
planning agency shall provide the applicant an opportunity to meet
with the planning agency to discuss the application and an opportu-
nity to submit additional information. Such additional information
shall be submitted prior to the seventy-fifth day after the application,
or the last application joined pursuant to subsection (d) of this Code
section, is declared complete for review.
(g) The planning agency shall, no later than 90 days after an
application is declared complete for review, or in the event joinder is
ordered pursuant to subsection (d) of this Code section, then 90 days
after the last joined application is declared complete for review,
provide written notification to an applicant of the planning agencys
decision to issue or to deny issuance of a certificate of need for the
proposed project. In the event the planning agency has extended the
review period pursuant to subsection (c) of this Code section, then the
planning agency shall provide such written notification within 120
days after the application, or the last application joined pursuant to
subsection (d) of this Code section, was declared complete for review.
Such notice shall contain the planning agencys written findings of
fact and decision as to each applicable consideration or rule and a
detailed statement of the reasons and evidentiary support for issuing
or denying a certificate of need for the action proposed by each
GEORGIA LAWS 1983 SESSION
1583
applicant. The planning agency shall also mail such notification to
the appropriate area planning and development commission and the
chief elected official of the county and municipal governments, if any,
in whose boundaries the proposed project will be located. In the event
such decision is to issue a certificate of need, the certificate of need
shall be effective on the day of the decision unless the decision is
appealed to the review board in accordance with this chapter.
(h) Should the planning agency fail to provide written notifica-
tion of the decision within the time limitations set forth in this Code
section, an application shall be deemed to have been approved as of
the ninety-first day, or the one hundred twenty-first day if the review
period was extended pursuant to subsection (c) of this Code section,
following notice from the planning agency that an application, or the
last of any applications joined pursuant to subsection (d) of this Code
section, is declared complete for review.
31-6-44. (a) There is created the Health Planning Review
Board, which shall be an agency separate and apart from the planning
agency. The review board shall be composed of ten members
appointed by the Governor, one from each congressional district, and
shall include two attorneys. The Governor shall appoint persons to
the board who are familiar with the health care industry but who do
not have a financial interest in any health care facility. The Governor
shall also name the chairman of the review board who shall be an
attorney. The purpose of the review board shall be to conduct appeal
hearings on decisions of the planning agency, as set forth in this Code
section. The review board shall promulgate reasonable rules for its
operation and rules of procedure for the conduct of its hearings. The
members of the review board shall receive no salary, but shall be
reimbursed for their expenses in attending meetings and for trans-
portation costs as authorized by Code Section 45-7-21, which provides
for compensation and allowances of certain state officials, and shall
also be compensated for services rendered to the review board outside
of attendance at an appeal hearing. Such compensation to the mem-
bers of the review board shall be made by the Department of
Administrative Services.
(b) Any applicant for a project, or any competing applicant, or
any competing health care facility that has notified the planning
agency prior to its decision that such facility is opposed to the
application before the planning agency, or any county or municipal
government in whose boundary the proposed project will be located,
1584
GENERAL ACTS AND RESOLUTIONS, VOL. I
who is aggrieved by a decision of the planning agency shall have the
right to an appeal hearing before a three-member panel of the review
board or to intervene in such hearing. Such hearing shall be the
administrative remedy for decisions of the planning agency. Such
hearing shall be requested within 30 days of the effective date of a
decision made pursuant to Code Section 31-6-43. The chairman of the
review board shall name the panel for each such hearing, and the
panel shall include one lawyer, who shall be the chairman of the
panel, and two nonlawyer members of the review board. The member
of the review board from the congressional district in which the
proposed project is located shall be one of such three members of the
panel. The chairman of the panel shall make such rulings as may be
required for the conduct of the hearing. The chairman of the panel
shall also make all arrangements for scheduling of the hearing.
(c) In fulfilling the functions and duties of this chapter, the
panel shall act, and the hearing shall be conducted as a full eviden-
tiary hearing, in accordance with Chapter 13 of Title 50, the Georgia
Administrative Procedure Act, relating to contested cases, except as
otherwise specified in this Code section. All files, working papers,
studies, notes, and other writings or information used by the planning
agency in making its decisions shall be public records and available to
the parties, and the chairman of the panel may permit each party to
exercise such reasonable rights of prehearing discovery of such infor-
mation used by the parties as will expedite the hearing.
(d) The issue for decision by the panel shall be whether, and the
panel shall order the issuance of a certificate of need if, in the panels
judgment the application is consistent with the considerations as set
forth in Code Section 31-6-42 and the planning agencys rules, as the
panel deems such considerations and rules applicable to review of the
project. The panel shall also consider whether the planning agency
committed prejudicial procedural error in its consideration of the
application. The panel shall make written findings of facts and
conclusions of law as to each such consideration or rule, including a
detailed statement of the reasons for the decision of the panel.
Appellant or applicants shall proceed first with their cases before the
panel in the order determined by the chairman of the panel, and the
planning agency, if a party, shall proceed last. In the event of a
consolidated hearing on applications which were joined pursuant to
subsection (d) of Code Section 31-6-42, the review board shall have
the same powers specified for the planning agency in subsection (d) of
Code Section 31-6-42 to issue no certificate of need or one or more
certificates of need.
GEORGIA LAWS 1983 SESSION
1585
(e) Unless otherwise agreed by the parties, all evidence shall be
presented at the hearing. A party or intervenor may present any
relevant evidence on all issues raised by the panel or any party to the
hearing or revealed during discovery, except that, unless in response
to an issue raised by an opponent or the panel or revealed during
discovery, a party or intervenor may not present a new need study or
analysis that is substantially different from any such study or analysis
submitted to the planning agency prior to its decision and that could
reasonably have been available for submission to the planning agency
prior to its decision. Except for such limitation on new studies or
analyses, the panel may consider the latest data available, including
updates of studies previously submitted, in deciding whether an
application is consistent with the applicable considerations and rules.
(f) After the issuance of a decision by the planning agency, no
party to an appeal hearing, nor any person on behalf of any such
party, shall make any ex parte contact with any member of the review
board in regard to a project under appeal.
(g) The decision of the panel shall be the final administrative
decision for purposes of judicial appeal of any certificate of need
decision under Chapter 13 of Title 50, the Georgia Administrative
Procedure Act.
(h) In the event that the review board, its chairman, or a panel of
the review board requires legal counsel, the chairman shall make a
request for such advice to the Attorney General.
(i) Any party to the appeal hearing, including the planning
agency, may seek judicial review of the panels decision in accordance
with the method set forth in Chapter 13 of Title 50, the Georgia
Administrative Procedure Act; provided, however, that in conduct-
ing such review, the court may reverse or modify the decision only if
substantial rights of the appellant have been prejudiced because the
procedures followed by the planning agency, or the review board, or
the administrative findings, inferences, conclusions, and decision of
the review board are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
1586
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Not supported by substantial evidence, which shall
mean that the record does not contain such relevant evidence as a
reasonable mind might accept as adequate to support such find-
ings, inferences, conclusions, or decisions, which such evidentiary
standard shall be in excess of the any evidence standard con-
tained in other statutory provisions; or
(6) Arbitrary or capricious or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.
31-6-45. (a) The planning agency may revoke a certificate of
need after notice to the holder of the certificate and a fair hearing
pursuant to Chapter 13 of Title 50, the Georgia Administrative
Procedure Act, for the following reasons:
(1) Failure to comply with the provisions of Code Section
31-6-41; or
(2) The intentional provision of false information to the
planning agency by an applicant in that applicants application.
The planning agency may not, however, revoke a certificate of
need if the applicant changes the defined location of the project
within the same county less than three miles from the location
specified in the certificate of need for financial reasons or other
reasons beyond its control, including but not limited to, failure to
obtain any required approval from zoning or other governmental
agencies or entities, provided such change in location is otherwise
consistent with the considerations and rules applied in the evaluation
of the project.
(b) Any health care facility offering a new institutional health
service without having obtained a certificate of need and which has
not been previously licensed as a health care facility shall be denied a
license to operate.
(c) In the event that a new institutional health service is know-
ingly offered or developed without having obtained a certificate of
need as required by this chapter, or the certificate of need for such
GEORGIA LAWS 1983 SESSION
1587
service is revoked according to the provisions of this Code section, a
facility or applicant shall be fined the sum of $500.00 per day for every
day that the violation of this chapter has existed and knowingly and
willingly continues; provided, however, that the expenditure or com-
mitment of or incurring an obligation for the expenditure of funds to
take or perform actions not subject to this chapter or to acquire,
develop, or prepare a health care facility site for which a certificate of
need application is denied, shall not be a violation of this chapter and
shall not be subject to such a fine. The director of the planning agency
shall determine, after notice and a hearing, whether the fines pro-
vided in this Code section shall be levied.
(d) In addition, for purposes of this Code section, the State of
Georgia, acting by and through the planning agency, or any other
interested person, shall have standing in any court of competent
jurisdiction to maintain an action for injunctive relief to enforce the
provisions of this chapter.
31-6-46. The planning agency shall prepare and submit an
annual report to the Human Resources Committee of the Senate and
the Health and Ecology Committee of the House of Representatives
about its operations and decisions for the preceding 12 month period,
not later than 30 days prior to each convening of the General
Assembly in regular session. Either committee may request any
additional reports or information, including decisions, from the plan-
ning agency at any time, including a period in which the General
Assembly is not in regular session.
31-6-47. (a) Notwithstanding the other provisions of this chap-
ter, this chapter shall not apply to:
(1) Infirmaries operated by educational institutions for the
sole and exclusive benefit of students, faculty members, officers,
or employees thereof;
(2) Infirmaries or facilities operated by businesses for the
sole and exclusive benefit of officers or employees thereof, pro-
vided that such infirmaries or facilities make no provision for
overnight stay by persons receiving their services;
(3) Institutions operated exclusively by the federal govern-
ment or by any of its agencies;
1588 GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Offices of private physicians or dentists whether for
individual or group practice;
(5) Christian Science sanatoriums operated or listed and
certified by the First Church of Christ Scientist, Boston, Mass-
achusetts;
(6) Site acquisitions for health care facilities or preparation
or development costs for such sites prior to the decision to file a
certificate of need application;
(7) Expenditures related to adequate preparation and
development of an application for a certificate of need;
(8) The commitment of funds conditioned upon the obtain-
ing of a certificate of need;
(9) Expenditures for acquisition of existing health care
facilities not owned or operated by or on behalf of a political
subdivision of this state, or any combination of such political
subdivisions, or by or on behalf of a hospital authority, as defined
in Article 4 of Chapter 7 of Title 31, by stock or asset purchase,
merger, consolidation, or other lawful means, or acquisitions of
certificates of need owned by such facilities to be acquired, except
as otherwise provided pursuant to paragraph (10) of subsection
(b) of Code Section 31-6-21;
(10) Expenditures for the minor repair of a health care
facility, or parts thereof or services provided or equipment used
therein, or replacement of equipment, including, but not limited
to, CT scanners;
(11) Capital expenditures otherwise covered by this chapter
required solely to eliminate or prevent safety hazards as defined
by federal, state, or local fire, building, environmental, occupa-
tional health, or life safety codes or regulations, to comply with
licensing requirements of the Department of Human Resources,
or to comply with accreditation standards of the Joint Commis-
sion on Accreditation of Hospitals;
(12) Cost overruns whose percentage of the cost of a project is
equal to or less than the cumulative annual rate of increase in the
composite construction index, published by the Bureau of the
GEORGIA LAWS 1983 SESSION
1589
Census of the Department of Commerce, of the United States
government, calculated from the date of approval of the project;
(13) Transfers from one health care facility to another such
facility of major medical equipment previously approved under or
exempted from certificate of need review, except where such
transfer results in the institution of a new clinical health service
for which a certificate of need is required in the facilitys acquiring
said equipment, provided that such transfers are recorded at net
book value of the medical equipment as recorded on the books of
the transferring facility;
(14) New institutional health services provided by or on
behalf of health maintenance organizations or related health care
facilities in circumstances defined by the planning agency pursu-
ant to federal law; and
(15) Increases in the bed capacity of a hospital up to ten
beds or 10 percent of capacity, whichever is less, in any consecu-
tive two-year period, in a hospital that has maintained an overall
occupancy rate greater than 85 percent for the previous 12 month
period.
(b) The planning agency shall establish, by rule, procedures
whereby requirements for the process of review and issuance of a
certificate of need may be modified and expedited as a result of
emergency situations.
(c) By rule, the planning agency shall establish a procedure for
expediting or waiving reviews of certain projects the nonreview of
which it deems compatible with the purposes of this chapter, in
addition to expenditures exempted from review by this Code section.
31-6-48. The State Health Planning and Development Agency,
the State-wide Health Coordinating Council, and the State Health
Planning Review Board existing immediately prior to the effective
date of this chapter are abolished, and their respective successors on
and after the effective date of this chapter shall be the Health
Planning Agency, the Health Policy Council, and the Health Plan-
ning Review Board, as established in this chapter. For purposes of any
existing contract with the federal government, or federal law referring
to such abolished agency, council, or board, the successor agency,
council, or board established in this chapter shall be deemed to be the
1590
GENERAL ACTS AND RESOLUTIONS, VOL. I
abolished agency, council, or board and shall succeed to the abolished
agencys, councils, or boards functions. The State Health Planning
and Development Commission is abolished.
31-6-49. In order to assure an orderly transition between the
state entities responsible for health planning and the operation of the
certificate of need program prior to the effective date of this chapter
and those entities so responsible after the effective date of this
chapter, the following provisions shall apply:
(1) All matters pending before the State Health Planning
and Development Agency, the State Health Planning Review
Board, and the State-wide Health Coordinating Council prior to
the effective date of this chapter shall automatically be trans-
ferred to the respective successor agencies created by this chapter;
(2) No later than July 5, 1983, the health planning agency
will propose rules in accordance with the procedures set forth in
Code Section 31-6-21;
(3) Prior to and until the effective date of any portion of the
rules provided for in paragraph (2) of this Code section, the rules
of the State Health Planning and Development Agency in effect
on June 30,1983, will remain in effect as the rules for the Health
Planning Agency and for the Health Planning Review Board,
except for procedural rules promulgated by the review board. The
rules in effect on June 30, 1983, if not inconsistent with this
chapter, shall govern the procedures of the planning agency
created by this chapter, and certificate of need decisions made by
the Health Planning Agency and the Health Planning Review
Board before the effective date of any portion of the new rules
referenced in paragraph (2) of this Code section; and
(4) If all or any part of the rules of the planning agency
proposed in accordance with paragraph (2) of this Code section are
objected to as provided in Code Section 31-6-21 of this chapter,
and the planning agency determines that it cannot render a
decision on an application or class of applications without such
rule or rules or parts thereof, it may impose a temporary morato-
rium on the receipt of or action on any certificate of need applica-
tions, which are affected by the rule or part to which objection has
been made. This moratorium shall include applications pending
on the date of such objections and shall serve as an automatic
GEORGIA LAWS 1983 SESSION
1591
extension of the time limits for decision on such applications set
out in Code Section 31-6-43. Such moratorium shall last no longer
than the time at which the rule or rules or parts thereof become
effective as provided in Code Section 31-5-21 of this chapter, or
April 1,1984, whichever is earlier.
31-6-50. From and after the effective date of this chapter, the
review and appeal considerations and procedures set forth in Code
Sections 31-6-42, 31-6-43, and 31-6-44, respectively, shall apply to
and govern the review of capital expenditures under the Section 1122
program of the Social Security Act of 1935, as amended, including,
but not limited to, any application for approval under Section 1122
which is under consideration by the planning agency or on appeal
before the review board as of the effective date of this chapter.
Section 2. Title 31 of the Official Code of Georgia Annotated,
relating to health, is further amended by inserting in subparagraph
(6) of Code Section 31-7-75 a new sentence immediately following the
first sentence of said subparagraph (6) to read as follows:
In the event a hospital authority undertakes to sell a hospital
facility, such authority shall, prior to the execution of a contract of
sale, provide reasonable public notice of such sale and provide for a
public hearing to receive comments from the public concerning such
sale.
Section 3. This Act shall become effective on July 1,1983.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
1592
GENERAL ACTS AND RESOLUTIONS, VOL. I
EMPLOYMENT SECURITY LAW MAXIMUM
WEEKLY BENEFIT INCREASED.
Code Section 34-8-153 Amended.
No. 553 (House Bill No. 250).
AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, the Employment Security Law, so as to increase the
maximum weekly benefit amount from $115.00 to $125.00; to provide
that if the Unemployment Trust Fund recedes below $175 million the
maximum benefit reverts to $115.00; to provide for disregarding any
fraction of a dollar in computing the weekly benefit amount; 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 34 of the Official Code of Georgia
Annotated, the Employment Security Law, is amended by striking
in its entirety subsection (b) of Code Section 34-8-153, relating to
determination of weekly benefit amount, and inserting in lieu thereof
a new subsection (b) to read as follows:
(b) An individuals weekly benefit amount shall be that whole
dollar amount, disregarding any fraction of a dollar, computed by
dividing the total insured wages paid such individual in that quarter
of his base period in which such total wages were highest by 25,
provided insured wages were paid such individual during two or more
quarters of his base period and the total of such wages equals or
exceeds 1.5 times the total insured wages paid such individual in that
quarter of his base period in which such total wages were highest;
provided, however, that (1) when the weekly benefit amount, as
computed, would be more than $11.00 and less than $27.00, the
individuals weekly benefit amount will be $27.00, and (2) for benefit
years beginning on and after July 1,1981, no weekly benefit amount
shall be established for less than $27.00 nor more than $115.00;
provided, further, that for benefit years beginning on or after July 1,
1983, no weekly benefit amount shall be established for less than
GEORGIA LAWS 1983 SESSION
1593
$27.00 nor more than $125.00, except that the maximum weekly
benefit amount shall be $115.00 for all benefit years beginning on or
after the first Monday of the third week following the week in which
the amount in the Unemployment Trust Fund becomes less than $175
million.
Section 2. This Act shall become effective upon its approval by
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 5,1983.
PROBATIONERS COMMUNITY SERVICE.
Code Title 42, Chapter 8 Amended.
No. 554 (Senate Bill No. 206).
AN ACT
To amend Article 4 of Chapter 8 of Title 42 of the Official Code of
Georgia Annotated, relating to participation of probationers in com-
munity service programs, so as to provide that services as a live-in
attendant for a disabled person shall constitute community service
under certain conditions; to change the definition of the term com-
munity service; to authorize the courts to order offenders to provide
live-in services for disabled persons under certain conditions; to
provide for necessities for such offenders; to provide for the termina-
tion of live-in services; to provide for earned-time allowances 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:
1594
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Article 4 of Chapter 8 of Title 42 of the Official Code
of Georgia Annotated, relating to participation of probationers in
community service programs, is amended by striking in its entirety
paragraph (2) of Code Section 42-8-70, relating to definitions, and
inserting in lieu thereof a new paragraph (2) to read as follows:
(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. Such term also means
uncompensated service by an offender who lives in the household of a
disabled person and provides aid and services to such disabled
individual, including, but not limited to, cooking, housecleaning,
shopping, driving, bathing, and dressing.
Section 2. Said article is further amended by adding at the end
of Code Section 42-8-72, relating to community service as condition of
probation, a new subsection, to be designated subsection (c), to read
as follows:
(c) (1) Any agency may recommend to the court that certain
disabled persons are in need of a live-in attendant. The judge
shall confer with the prosecutor, defense attorney, probation
supervisor, community service officer, or other interested persons
to determine if a community service program involving a disabled
person is appropriate for an offender. If community service as a
live-in attendant for a disabled person is deemed appropriate and
if both the offender and the disabled person consent to such
service, the court may order such live-in community service as a
condition of probation but for no longer than two years.
(2) The agency shall be responsible for coordinating the
provisions of the cost of food or other necessities for the offender
which the disabled person is not able to provide. The agency, with
the approval of the court, shall determine a schedule which will
provide the offender with certain free hours each week.
(3) Such live-in arrangement shall be terminated by the
court upon the request of the offender or the disabled person.
Upon termination of such an arrangement, the court shall deter-
mine if the offender has met the conditions of probation.
(4) The appropriate agency shall make personal contact
with the disabled person on a frequent basis to ensure the safety
and welfare of the disabled person.
GEORGIA LAWS 1983 SESSION
1595
Section 3. Said article is further amended by striking in its
entirety Code Section 42-8-74, relating to applicability, and inserting
in lieu thereof a new Code Section 42-8-74 to read as follows:
42-8-74. (a) The provisions of Article 2 of this chapter, relat-
ing to probation, termination of probation, and revocation of proba-
tion, shall be applicable to offenders sentenced to community service
as a condition of probation pursuant to this article. The provisions of
Article 3 of this chapter, relating to probation of first offenders, shall
be applicable to first offenders sentenced pursuant to this article.
(b) Any offender who provides live-in community service but
who is later incarcerated for breaking the conditions of probation or
for any other cause may be awarded good time for each day of live-in
community service the same as if such offender was in prison for such
number of days.
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 April 5,1983.
LIFE INSURANCE COMPANIES LICENSE
FEES AND TAXES.
Code Title 33, Chapter 8 Amended.
No. 555 (House Bill No. 420).
AN ACT
To amend Chapter 8 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance fees and taxes, so as to provide for
1596
GENERAL ACTS AND RESOLUTIONS, VOL. I
the imposition of license fees upon life insurance companies and their
agents or brokers; to provide for the deduction from state tax of
license fees paid to municipal corporations; to provide for the imposi-
tion of taxes upon insurance companies by counties and municipal
corporations based upon gross direct premiums; to provide for
exemptions from such taxation; to provide for credits and deductions
from state tax of taxes paid counties and municipal corporations; to
provide procedures for the collection and distribution of such taxes;
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. Chapter 8 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance fees and taxes, is amended by
striking Code Section 33-8-8, relating to imposition of local license
fees upon insurance companies, in its entirety and inserting in its
place a new Code Section 33-8-8 to read as follows:
33-8-8. (a) Except as otherwise provided in this chapter, the
State of Georgia preempts the field of imposing taxes, except taxes on
real property and tangible personal property taxed ad valorem, upon
insurance companies and their agents and other representatives,
including, but not limited to, excise, privilege, franchise, income,
license, permit, registration, and similar taxes and fees measured by
premiums, income, or volume of transactions; and no county or
unincorporated area of such county, city, municipality, district,
school district, or other political subdivision or agency of this state
shall impose, levy, charge, or require the same, except as provided in
this chapter.
(b) Municipal corporations are authorized, in conformity with
the requirements of their charters, to impose and collect the following
license fees upon life insurance companies for the privilege of
engaging in the business of insurance within said municipal corpora-
tion:
(1) An annual license fee on each life insurance company
doing business within the municipal corporate limits not to exceed
the following schedule:
Population of Municipal Corporation Amount
Under 1,000...............................$ 15.00
1,000 - 1,999................................ 25.00
GEORGIA LAWS 1983 SESSION
1597
2.000 - 4,999......................................... 40.00
5.000 - 9,999......................................... 50.00
10.000 - 24,999......................................... 75.00
25.000 - 49,999........................................ 100.00
50.000 and over........................................ 150.00
and an additional annual license fee in the same amount for each
separate business location in excess of one operated and
maintained by such company within the same municipal-
ity; and
(2) An additional annual license fee of $10.00 or 35 percent
of the schedule set forth in paragraph (1) of this subsection,
whichever amount is greater, on each life insurance company for
each separate business location not otherwise subject to a license
fee under this Code section, which company is operated and
maintained by a business organization which is engaged in the
business of lending money or transacting sales involving term
financing and which, in connection with the loans or sales involv-
ing term financing, offers, solicits, or takes applications for insur-
ance through a licensed agent of the insurance company for life
insurance.
(c) Within 45 days after the date of their enactment, each
municipal corporation shall file with the Commissioner a certified
copy of the pertinent parts of all ordinances and amendments thereto
which impose any such license fee, and such filing shall be a condition
to the validity and enforceability of such an ordinance.
(d) Life insurance agencies which are maintained and operated
by a company may not be separately licensed by municipal corpora-
tions except under the provisions of this Code section; but nothing
contained in this Code section shall prevent municipal corporations
from separately imposing and collecting business licenses from inde-
pendent insurance agencies or brokers doing a life insurance business
not otherwise taxed under this Code section. No such license may be
imposed on such independent agents or brokers, which license is
measured by the premiums of life insurance companies.
(e) Life insurance companies may deduct from premium taxes
otherwise payable to this state under Code Section 33-8-4, in addition
to all credits and abatements allowed by law, the license fees imposed
pursuant to this Code section and paid to any municipal corporation
during the preceding calendar year.
1598
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) As used in this Code section, the term life insurance com-
pany means a company which is authorized to transact only the class
of insurance designated in Code Section 33-3-5 as class (1).
Section 2. Said chapter is further amended by striking in its
entirety Code Section 33-8-8.1, relating to county tax on life insur-
ance companies, and inserting in its place a new Code Section 33-8-8.1
to read as follows:
33-8-8.1. (a) As used in this Code section, the term life
insurance company means a company which is authorized to transact
only the class of insurance designated in Code Section 33-3-5 as class
(1).
(b) Life insurance companies are subject to county and munici-
pal corporation taxes levied as follows:
(1) There is imposed a county tax for county purposes on
each life insurance company doing business within the state,
which tax shall be based solely upon gross direct premiums, as
defined in Code Section 33-8-4, which are received from policies
insuring persons residing within the unincorporated area of the
counties pursuant to the provisions of this Code section. The rate
of such tax shall be 1 percent of such premiums, except that such
tax shall not apply to the gross direct premiums of an insurance
company which qualifies, pursuant to Code Section 33-8-5, for the
reduction to one-half of 1 percent of the state tax imposed by Code
Section 33-8-4. The tax imposed by this Code section shall not
apply to annuity considerations; and
(2) Municipal corporations whose ordinances have been
filed with the commissioner are authorized, in conformity with the
requirements of their charters, to impose a tax on each life
insurance company doing business within the state, which tax
shall be based solely upon the gross direct premiums, as defined in
Code Section 33-8-4, which are received from policies insuring
persons residing within the corporate limits of the municipal
corporation pursuant to the provisions of this Code section; pro-
vided, however, that the rate of the tax may not exceed 1 percent
of the premiums. The tax imposed shall not apply to annuity
considerations.
GEORGIA LAWS 1983 SESSION
1599
(c) Taxes imposed by subsection (b) of this Code section shall be
collected by the Commissioner on behalf of counties and municipal
corporations whose ordinances have been filed with the Commis-
sioner in the same manner and on the same dates and subject to the
same penalties as prescribed in Code Section 33-8-6.
(d) Taxes imposed by subsection (b) of this Code section and
penalties shall be allocated and distributed to counties and municipal
corporations as follows:
(1) A portion of the total amount of life insurance premiums
taxable by the state, exclusive of premiums collected by compa-
nies which qualify for the reduction to one-half of 1 percent of the
state tax, shall be allocated to counties based upon the ratio that
the total population of all unincorporated areas in the state bears
to the total population in the state. The amount of the tax base so
allocated to counties shall be taxed at the rate levied for county
purposes. The tax shall be distributed to each county governing
authority by the Commissioner based upon a fraction, the numer-
ator of which is the population of the unincorporated area of that
county and the denominator of which is the population of all
unincorporated areas of the state; and
(2) A portion of the total amount of life insurance premiums
taxable by the state shall be allocated to all municipal corpora-
tions based upon the ratio that the total population of all munici-
pal corporations bears to the total state population. The amount
of the tax base so allocated to municipalities shall be distributed
to each municipal corporation based upon the fraction, the numer-
ator of which is the population of that municipal corporation and
the denominator of which is the population of all municipal
corporations in the state. The amount of the tax base so distri-
buted to each municipality shall be taxed at the rate levied by that
municipality; and taxes levied by each municipal corporation shall
be distributed based upon the tax rate levied by each such
municipal corporation.
(e) On or before January 1 of the first year that the tax is levied,
each municipal corporation levying the tax shall file with the Com-
missioner a certified copy of the pertinent parts of all ordinances and
amendments thereto which impose the tax, and such filing shall be a
condition to the validity and enforceability of such an ordinance. On
or before February 1 of each year the Commissioner shall furnish a list
1600
GENERAL ACTS AND RESOLUTIONS, VOL. I
of all municipal corporations levying the tax for that year to each life
insurance company in the state.
(f) Life insurance companies may deduct from premium taxes
otherwise payable to this state under Code Section 33-8-4, in addition
to all credits and abatements allowed by law, the taxes imposed
pursuant to subsection (b) of this Code section and paid to the
Commissioner on behalf of any county and municipal corporation
during the preceding calendar year.
(g) The Commissioner shall make semi-annual distributions of
the taxes and penalties imposed by counties and municipal corpora-
tions under this Code section which are actually remitted to and
collected by the Commissioner, Beginning on June 1,1984, and on the
same date thereafter, distribution shall be made and it shall include
the total amount of tax collected for the preceding year after deduc-
tion for distribution of any estimated taxes already made for pre-
miums written during the preceding year. Beginning on December 1,
1984, and on the same date thereafter, distribution shall be made and
it shall include the amount of estimated taxes paid for the first two
calendar quarters of the current year.
(h) Amounts collected by the Commissioner under or due under
former Code Section 33-8-8.1 shall be collected and disbursed as
provided in former Code Section 33-8-8.1.
(i) For purposes of this Code section, population shall be mea-
sured by the decennial census of 1980 or any future such census and
any additional official census data received by the Commissioner
from the United States Census Bureau or its successor agency per-
taining to any newly incorporated municipality.
Section 3. Said chapter is further amended by adding a new
Code section after Code Section 33-8-8.1, to be designated as Code
Section 33-8-8.2, which shall read as follows:
33-8-8.2 (a) Counties and municipal corporations are autho-
rized to levy tax at a rate not to exceed 2.5 percent upon the gross
direct premiums of all foreign, alien, and domestic insurance compa-
nies doing business in this state other than life insurance companies.
The tax shall be in addition to the taxes levied by Code Section 33-8-
4, and it may be levied upon the gross direct premiums received by
such companies on or after January 1, 1984. The tax shall be levied
GEORGIA LAWS 1983 SESSION
1601
upon premiums derived from policies insuring persons, property, or
risks in Georgia from January 1 to December 31, both inclusive, of
each year without regard to business ceded to or assumed from other
companies. The tax shall be imposed upon gross premiums received
from direct writing without any deductions allowed from premium
abatement of any kind or character or for reinsurance or for losses or
expenses of any kind; provided, however, deductions shall be allowed
for premiums returned or change of rate or canceled policies; pro-
vided, further, that deductions shall be permitted for returned pre-
miums or assessments, including all policy dividends, refunds, or
other similar returns paid or credited to policyholders.
(b) The taxes provided in this Code section are county and
municipal taxes and shall be levied for county and municipal pur-
poses and shall be collected and distributed as follows:
(1) On or before January 1 of the first year that the tax is
levied, each county and municipal corporation levying the tax
shall file with the Commissioner a certified copy of the pertinent
parts of sill ordinances and resolutions and amendments thereto
which impose the tax, and such filing shall be a condition to the
validity and enforceability of such an ordinance or resolution;
(2) On or before February 1 of each year, the Commissioner
shall furnish to each insurance company a list of all counties and
municipal corporations where the tax as authorized by this Code
section has been imposed for the then current year together with
the applicable tax rate levied by each such county and municipal
corporation and the population percentages by which the taxes are
to be allocated to each such county and municipal corporation as
provided in this Code section;
(3) The tax imposed by this Code section shall be collected
by the Commissioner on behalf of counties and municipal corpora-
tions whose ordinances and resolutions have been filed with the
Commissioner in the same manner and on the same dates and
subject to the same penalties as prescribed in Code Section 33-8-6;
(4) The total amount of premiums taxable by the state on
insurance companies as defined in this Code section shall be
allocated to each county unincorporated area and each municipal
corporation based upon a fraction, the numerator of which is the
population of the unincorporated area or municipal corporation
1602
GENERAL ACTS AND RESOLUTIONS, VOL. I
and the denominator of which is the total population of the state.
Tax rates levied by each county shall be applied to the premiums
allocated to its unincorporated area, and tax rates levied by each
municipal corporation shall be applied to the premiums allocated
to it; and
(5) The Commissioner shall make semi-annual distribu-
tions of the taxes and penalties imposed by counties and munici-
pal corporations under this Code section which are actually remit-
ted to and collected by the Commissioner. Beginning on June 1,
1984, and on the same date thereafter, distribution shall be made
and it shall include the total amount of tax collected for the
preceding year after deduction for distribution of any estimated
taxes already made for premiums written during the preceding
year. Beginning on December 1, 1984, and on the same date
thereafter, distribution shall be made and it shall include the
amount of estimated taxes paid for the first two calendar quarters
of the current year.
(c) For purposes of this Code section, population shall be mea-
sured by the decennial census of 1980 or any future such census and
any additional official census data received by the Commissioner
from the United States Census Bureau or its successor agency per-
taining to any newly incorporated municipality.
(d) Any county or municipal corporation which, on January 1,
1983, levied a tax on all premiums of insurance companies, other than
life insurance companies, at a rate in excess of 2.5 percent may
continue to levy the tax at a rate in excess of 2.5 percent; provided
that the rate of such tax shall not exceed the rate which was in effect
in such county or municipal corporation on January 1,1983, reduced
annually beginning January 1, 1984, by one-third of the difference
between such January 1,1983, rate and 2.5 percent, so that the rate
levied on January 1,1986, shall not exceed 2.5 percent.
Section 4. Said chapter is further amended by adding a new
Code section after Code Section 33-8-8.2, to be designated as Code
Section 33-8-8.3, to read as follows:
33-8-8.3. The proceeds from the county taxes levied for county
purposes, as provided by this chapter, shall be separated from other
county funds and shall be used by county governing authorities solely
for the purpose of reducing ad valorem taxes of the inhabitants of the
GEORGIA LAWS 1983 SESSION
1603
unincorporated areas of such counties. In fixing the ad valorem tax
millage rate for the year 1984 and any year thereafter, the governing
authorities of counties shall be authorized and directed to reduce
such ad valorem tax millage rate on taxable property within the
unincorporated areas of such counties to offset all of the proceeds
derived from any tax provided for in this chapter. Those counties
operating under a tax cap; the proceeds from this tax shall be
included for the purposes of computing the tax cap.
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval and shall
apply to all tax years beginning on or after January 1,1984.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
GENERAL APPROPRIATIONS ACT.
No. 556 (House Bill No. 163).
AN ACT
To make and provide appropriations for the
State fiscal year beginning July 1,1983, and ending
June 30,1984; 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
1604
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
That the sums of money hereinafter provided
are appropriated for the State fiscal year beginning
July 1, 1983, and ending June 30, 1984, as pre-
scribed hereinafter for such fiscal year, from funds
from the Federal Government, and the General
Funds of the State including unappropriated sur-
plus and a revenue estimate of $4,018,000,000 for
State fiscal year 1984.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch...................$ 15,916,570
Operations....................................$ 15,916,570
Total Funds Budgeted..........................$ 15,916,570
State Funds Budgeted..........................$ 15,916,570
Budget Unit Object Classes:
Operations............................. ...$ 15,916,570
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-
GEORGIA LAWS 1983 SESSION
1605
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 Legislative Educa-
tional Research 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..............$ 6,038,597
1. Operations............ ....................$ 6,222,927
Total Funds Budgeted....................$ 6,222,927
State Funds Budgeted....................$ 5,688,597
1606
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Tax Ratio Study........................ ....$ 350,000
Total Funds Budgeted..................... .$ 350,000
State Funds Budgeted........................$ 350,000
Budget Unit Object Classes:
Operations.............................. $ 6,222,927
Tax Ratio Study........................... $ 350,000
Authorized Motor Vehicles 28
Total Positions Budgeted 165
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court..................$ 2,780,434
For the cost of operating the Supreme Court of
the State of Georgia, including salaries of Justices
and the employees of the Court, and their retire-
ment contributions. Provided, however, that the
sum of $7,500 shall be allocated for the payment of
attorneys fees and legal expenses for indigent
defendants in criminal cases on appeal as provided
in Georgia Laws 1953, Nov.-Dee. Session, pp. 478-
481 (Code Sections 17-12-60 through 17-12-62).
Provided, however, that the sum of $10,500
shall be allocated for the cost of Georgias pro rata
share for the operation of the National Center for
State Courts.
Total Positions Budgeted 59
Section 4. Superior Courts.
Budget Unit: Superior Courts...................$ 22,531,919
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.
GEORGIA LAWS 1983 SESSION
1607
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 Regular Session of the General Assembly
immediately preceding this State Fiscal Year.
Provided, however, that the listed appropri-
ation shall be increased by the amount of $5,000
per annum for the cost of the habeas corpus clerk.
Provided, that of the above appropriation
relating to Superior Courts, $485,674 is designated
and committed for the Prosecuting Attorneys
Council for operations and $101,046 is designated
and committed for the Sentence Review Panel.
Provided, however, of the above appropriation
$10,000 is designated and committed to permit
Judges with less than five years of experience to
attend the Judicial College.
Total Positions Budgeted 544
Section 5. Court of Appeals.
Budget Unit: Court of Appeals..................$ 3,068,416
1608
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 $12,000 per annum for
each additional Emeritus position established
during the fiscal year.
Total Positions Budgeted 59
Section 6. Administrative Office of
the Courts.
Budget Unit: Administrative Office
of the Courts.....................$ 713,282
Administrative Office of the
Courts...................................$ 414,357
Case Counting..............................$ 68,925
Institute for Continuing
Judicial Education.......................$ 230,000
Total Funds Budgeted................... $ 713,282
State Funds Budgeted..................... $ 713,282
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....................$ 193,100
For the cost of purchasing and distributing the
reports (decisions) of the appellate courts to
Judges, District Attorneys, Clerks and others as
required by Art. 2, Chap. 18 of Title 50.
Total Positions Budgeted 0
Section 8. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission.......................$ 50,471
GEORGIA LAWS 1983 SESSION
1609
For the cost of operating the Judicial Qualifica-
tions Commission.
Total Positions Budgeted 0
Section 9. Board of Court Reporting.
Budget Unit:..................................$ 16,675
For the cost of operating the Board of Court
Reporting.
Total Positions Budgeted 1
Section 10. Council of Juvenile
Court Judges.
Budget Unit:.............................. $ 109,761
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:................................ $ 15,060
For the cost of operating the Georgia Justice
Courts Training Council.
Total Positions Budgeted 0
Section 12. Georgia Judicial Administrative
Districts.
Budget Unit:..................................$ 518,249
For the cost of operating the Georgia Judicial
Administrative Districts.
Provided, however, that the sum of $50,000
shall be allocated to each district.
Total Positions Budgeted
20
1610
GENERAL ACTS AND RESOLUTIONS, VOL. I
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services............$
it 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 Building Operations..........$
29,842,205
234,003
6,645
2,500
-0-
500
-0-
-0-
15,750
3,827
17,000
280,225
280,225
6
1,163,677
132,031
14,545
-0-
12,470
1,283
30,000
231,927
21,354
-0-
-0-
397,369
-0-
GEORGIA LAWS 1983 SESSION
1611
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.................. $ 850,000
Total Funds Budgeted.........................$ 2,854,656
State Funds Budgeted.........................$ 2,634,656
Total Positions Budgeted 42
Provided, the Department is authorized to
utilize $220,000 of previously appropriated funds
for the purpose of the above expenditures.
3. Treasury and Fiscal
Administration Budget:
Personal Services..........................$ 903,425
Regular Operating Expenses.................$ 99,718
Travel.....................................$ 6,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 9,500
Equipment Purchases........................$ 1,576
Computer Charges...........................$ 5,667,756
Real Estate Rentals........................$ 83,576
Telecommunications.........................$ 17,774
Per Diem, Fees and Contracts...............$ -0-
Public Safety Officers
Indemnification Fund....................$ 608,800
Total Funds Budgeted.......................$ 7,398,125
State Funds Budgeted.......................$ 4,940,463
Total Positions Budgeted 29
4. Central Supply Administration
Budget:
Personal Services..........................$ 258,782
Regular Operating Expenses.................$ 333,156
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 1,450
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 79,654
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 800
Materials for Resale.......................$ 6,517,830
Utilities..................................$ -0-
1612
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.................... $ 7,191,672
Total Expenditures Authorized.............$ 7,191,672
State Funds Budgeted...............,.....$ -0-
Total Positions Budgeted 15
5. Procurement Administration Budget:
Personal Services.........................$ 1,252,913
Regular Operating Expenses................$ 116,592
Travel....................................$ 9,650
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 35,500
Equipment Purchases.......................$ 1,325
Computer Charges...................I.....$ 220,000
Real Estate Rentals......................$ 195,362
Telecommunications........................$ 38,735
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,870,077
State Funds Budgeted......................$ 1,870,077
Total Positions Budgeted 50
6. General Services Administration
Budget:
Personal Services.........................$ 332,594
Regular Operating Expenses................$ 8,192
Travel.................................. $ 6,550
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 10,300
Equipment Purchases................... $ 200
Computer Charges........................ $ 19,747
Real Estate Rentals.......................$ 39,153
Telecommunications........................$ 23,366
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 440,102
Total Expenditures Authorized.............$ 440,102
State Funds Budgeted......................$ -0-
Total Positions Budgeted 13
7. Space Management
Administration Budget:
Personal Services.........................$ 267,908
Regular Operating Expenses.............. $ 8,066
Travel....................................$ 4,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 400
GEORGIA LAWS 1983 SESSION
1613
Equipment Purchases........................$ 1,000
Computer Charges...........................$ 5,000
Real Estate Rentals........................$ 25,650
Telecommunications.........................$ 5,018
Per Diem, Fees and Contracts...............$ -0-
Materials for Resale.......................$ -0-
Total Funds Budgeted.......................$ 317,042
State Funds Budgeted.......................$ 317,042
Total Positions Budgeted 10
8. Data Processing Services Budget:
Personal Services..........................$ 17,558,572
Regular Operating Expenses.................$ 1,457,448
Travel.....................................$ 60,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 361,000
Equipment Purchases........................$ 160,745
Computer Charges...........................$ 305,000
Rents and Maintenance Expense..............$ 17,598,727
Real Estate Rentals........................$ 1,768,080
Telecommunications.........................$ 311,779
Payments to DOAS Fiscal
Administration...........................$ 2,457,662
Per Diem, Fees and Contracts...............$ 433,800
Total Funds Budgeted.......................$ 42,472,813
Total Expenditures Authorized..............$ 42,472,813
State Funds Budgeted.......................$ 13,799,742
Total Positions Budgeted 661
9. Motor Pool Services Budget:
Personal Services..........................$ 398,502
Regular Operating Expenses.................$ 1,485,418
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ 279,500
Publications and Printing..................$ -0-
Equipment Purchases........................$ 27,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 720
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 2,191,140
Total Expenditures Authorized..........1..$ 2,191,140
1614
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ -0-
Total Positions Budgeted 22
10. Communication Services Budget:
Personal Services.........................$ 2,600,956
Regular Operating Expenses................$ 378,661
Travel...................................$ 11,000
Motor Vehicle Equipment
Purchases...............................$ 68,770
Publications and Printing.................$ 58,770
Equipment Purchases.......................$ 56,000
Computer Charges..........................$ 164,606
Real Estate Rentals.......................$ 186,528
Telecommunications........................$ 385
Per Diem, Fees and Contracts..............$ 5,000
Telephone Billings........................$ 29,101,171
Total Funds Budgeted......................$ 32,631,847
Total Expenditures Authorized.............$ 32,631,847
State Funds Budgeted......................$ 6,000,000
Total Positions Budgeted 108
11. Printing Services Budget:
Personal Services..............i.........$ 1,470,236
Regular Operating Expenses................$ 1,555,797
Travel................I..................$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ -0-
Equipment Purchases................... $ 115,000
Computer Charges....................... $ -0-
Real Estate Rentals.......................$ 158,209
Telecommunications...................... $ -0-
Materials for Resale......................$ 400,000
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 3,699,242
Total Expenditures Authorized.............$ 3,699,242
State Funds Budgeted......................$ -0-
Total Positions Budgeted 69
12. Surplus Property Services Budget:
Personal Services.........................$ 765,497
Regular Operating Expenses................$ 275,487
Travel.........................I.........$ 24,349
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 17,500
GEORGIA LAWS 1983 SESSION 1615
Equipment Purchases........................$ 3,600
Computer Charges......................... $ 1,500
Real Estate Rentals........................$ 6,000
Telecommunications.........................$ 13,758
Materials for Resale......................$ 25,000
Per Diem, Fees and Contracts...............$ 12,000
Utilities............................ $ 27,512
Total Funds Budgeted..................... $ 1,172,203
State Funds Budgeted......................$ -0-
Total Positions Budgeted 39
13. Mail and Courier Services Budget:
Personal Services..........................$ 170,557
Regular Operating Expenses.................$ 118,845
Travel................................. $ -0-
Motor Vehicle Equipment Purchases..........$ 10,000
Publications and Printing................ $ -0-
Equipment Purchases...................... $ 1,660
Computer Charges......................... $ -0-
Real Estate Rentals...................... $ 11,997
Telecommunications........................$ -0-
Materials for Resale.......................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 313,059
Total Expenditures Authorized..............$ 313,059
State Funds Budgeted......................$ -0-
Total Positions Budgeted 10
14. Self-Insurance Services Budget:
Personal Services..........................$ 610,149
Regular Operating Expenses.................$ 33,506
Travel................................. $ 29,500
Motor Vehicle Equipment Purchases..........$ 14,000
Publications and Printing..................$ 3,000
Equipment Purchases........................$ 5,900
Computer Charges....................... $ 73,000
Real Estate Rentals.......................$ 63,829
Telecommunications.........................$ 15,052
Materials for Resale.......................$ -0-
Per Diem, Fees and Contracts...............$ 20,000
Total Funds Budgeted.......................$ 867,936
Total Expenditures Authorized..............$ 867,936
1616
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ -0-
Total Positions Budgeted 24
Budget Unit Object Classes:
Personal Services....................... $ 27,987,771
Regular Operating Expenses................$ 6,009,562
Travel..............................-.....$ 168,094
Motor Vehicle Equipment
Purchases...............................$ 372,270
Publications and Printing.................$ 508,940
Equipment Purchases.......................$ 376,739
Computer Charges..........................$ 6,486,609
Real Estate Rentals.......................$ 2,866,435
Telecommunications........................$ 451,048
Per Diem, Fees and Contracts..............$ 488,600
Rents and Maintenance Expense.............$ 17,598,727
Utilities.................................$ 27,512
Payments to DOAS Fiscal
Administration..........................$ 2,457,662
Direct Payments to Georgia
Building Authority for
Operations.......................... $ -0-
Direct Payments to Georgia
Building Authority for
Capital Outlay..........................$ -0-
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.................$ 850,000
Direct Payments to Georgia
Building Authority for
Operations............................ $ 397,369
Telephone Billings........................$ 29,101,171
Materials for Resale................... $ 6,942,830
Public Safety Officers
Indemnity Fund......................... $ 608,800
Total Positions Budgeted 1,098
Authorized Motor Vehicles 285
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
GEORGIA LAWS 1983 SESSION
1617
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................................$ 440,102
Data Processing Service.........................$ 40,303,071
Motor Pool Service..............................$ 2,191,140
Communication Services...................32,631,847
Printing Services............................. $ 3,699,242
Total....................................... $ 79,265,402
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.
B. Budget Unit: Georgia Building
Authority...............................$ -0-
Georgia Building Authority
Budget:
Personal Services................................$ 11,644,652
Regular Operating Expenses.......................$ 3,003,425
Travel...................................... $ 4,000
1618
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ 18,140
Publications and Printing..................$ 22,000
Equipment Purchases........................$ 86,053
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 44,052
Telecommunications.........................$ 59,000
Per Diem, Fees and Contracts...............$ 87,500
Capital Outlay.............................$ -0-
Authority Lease Rentals....................$ 653,234
Utilities..................................$ 6,290,000
Facilities Renovations
and Repairs..............................$ -0-
Total Funds Budgeted.......................$ 21,912,056
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 518
Budget Unit Object Classes:
Personal Services..........................$ 11,644,652
Regular Operating Expenses.................$ 3,003,425
Travel.....................................$ 4,000
Motor Vehicle Equipment
Purchases................................$ 18,140
Publications and Printing..................$ 22,000
Equipment Purchases........................$ 86,053
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 44,052
Telecommunications.........................$ 59,000
Per Diem, Fees and Contracts...............$ 87,500
Capital Outlay.............................$ -0-
Authority Lease Rentals....................$ 653,234
Utilities..................................$ 6,290,000
Facilities Renovations
and Repairs..............................$ -0-
Total Positions Budgeted 518
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.
GEORGIA LAWS 1983 SESSION
1619
Provided, the Georgia Building Authority is
authorized to utilize available funds to construct a
walkway between the Judiciary Building and the
adjacent State office building.
Section 14. Department of Agriculture.
A. Budget Unit: Department of
Agriculture.........................$ 22,817,705
1. Plant Industry Budget:
Personal Services........................ $ 3,554,724
Regular Operating Expenses.................$ 312,910
Travel................................... $ 110,000
Motor Vehicle Equipment Purchases..........$ 58,448
Publications and Printing.......I.........$ 26,000
Equipment Purchases........................$ 43,000
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 2,553
Telecommunications....................... $ 43,234
Per Diem, Fees and Contracts...............$ 800
Total Funds Budgeted.......................$ 4,151,669
State Funds Budgeted.......................$ 3,674,402
Total Positions Budgeted 168
2. Animal Industry Budget:
Personal Services..........................$ 1,300,432
Regular Operating Expenses.................$ 128,170
Travel.....................................$ 40,000
Motor Vehicle Equipment Purchases..........$ 44,072
Publications and Printing..................$ 9,000
Equipment Purchases........................$ 400
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 51,227
Per Diem, Fees and Contracts...............$ 75,000
Athens Veterinary Laboratory
Contract.................................$ 463,456
Tifton Veterinary Laboratory
Contract.................................$ 856,380
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston,
Statesboro and Tifton....................$ 1,022,175
Veterinary Fees............................$ 525,000
1620
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indemnities................................$ 75,000
Total Funds Budgeted.......................$ 4,590,312
State Funds Budgeted.......................$ 4,235,456
Total Positions Budgeted 56
3. Marketing Budget:
Personal Services........................ $ 1,000,658
Regular Operating Expenses.................$ 163,660
Travel.................................... $ 46,000
Motor Vehicle Equipment Purchases..........$ 7,365
Publications and Printing..................$ 12,000
Equipment Purchases........................$ 4,083
Computer Charges.......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 39,180
Per Diem, Fees and Contracts...............$ 27,000
Advertising.............................. $ 60,000
Total Funds Budgeted.......................$ 1,359,946
State Funds Budgeted.......................$ 1,354,946
Total Positions Budgeted 40
4. Major Markets Budget:
Personal Services........................ $ 1,893,994
Regular Operating Expenses.................$ 788,797
Travel................................... $ 11,000
Motor Vehicle Equipment Purchases..........$ 14,640
Publications and Printing..................$ 6,000
Equipment Purchases........................$ 9,900
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications....................... $ 41,463
Advertising.............................. $ 35,000
Per Diem, Fees and Contracts...............$ 20,200
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets...................... $ 75,000
Total Funds Budgeted.......................$ 2,895,994
State Funds Budgeted.......................$ 95,994
Total Positions Budgeted 103
GEORGIA LAWS 1983 SESSION
1621
5. General Agricultural Field
Forces Budget:
Personal Services..........................$ 2,136,373
Regular Operating Expenses.................$ 111,010
Travel.....................................$ 171,200
Motor Vehicle Equipment Purchases..........$ 70,532
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 2,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 3,600
Telecommunications.........................$ 17,022
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 2,515,737
State Funds Budgeted.......................$ 2,515,737
Total Positions Budgeted 108
6. Internal Administration Budget:
Personal Services..........................$ 1,371,143
Regular Operating Expenses.................$ 276,027
Travel.....................................$ 25,000
Motor Vehicle Equipment Purchases..........$ 29,224
Publications and Printing.............'...$ 13,000
Equipment Purchases........................$ 6,000
Computer Charges.......................... $ 166,099
Real Estate Rentals...................... $ 579,593
Telecommunications....................... $ 33,588
Per Diem, Fees and Contracts...............$ 1,000
Contract - Federation of
Southern Cooperatives...................$ 20,000
Payments to Georgia Agrirama
Development Authority...................$ 277,700
Total Funds Budgeted................. .;..$ 2,798,374
State Funds Budgeted...................... $ 2,718,156
Total Positions Budgeted 54
7. Information and Education Budget:
Personal Services..........................$ 158,058
Regular Operating Expenses.................$ 14,300
Travel...............................8....$ 550
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing................ $ 421,960
Equipment Purchases...................... $ 1,550
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
1622
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications.......................$ 6,781
Per Diem, Fees and Contracts.............$ -0-
Market Bulletin Postage..................$ 676,000
Total Funds Budgeted.....................$ 1,279,199
State Funds Budgeted.....................$ 1,279,199
Total Positions Budgeted 9
8. Fuel and Measures Standards
Budget:
Personal Services........................$ 1,361,787
Regular Operating Expenses...............$ 253,465
Travel...................................$ 85,100
Motor Vehicle Equipment Purchases........$ 32,194
Publications and Printing................$ 6,000
Equipment Purchases......................$ 12,800
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 16,077
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted.....................$ 1,767,423
State Funds Budgeted.....................$ 1,763,423
Total Positions Budgeted 71
9. Consumer Services Budget:
Personal Services........................$ 766,936
Regular Operating Expenses...............$ 65,790
Travel.......,.............,.............$ 13,000
Motor Vehicle Equipment Purchases........$ 51,555
Publications and Printing................$ 3,800
Equipment Purchases......................$ 900
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications..................... $ 19,679
Per Diem, Fees and Contracts.............$ 1,500
Total Funds Budgeted.....................$ 923,160
State Funds Budgeted.....................$ 923,160
Total Positions Budgeted 29
10. Consumer Protection Field
Forces Budget:
Personal Services........................$ 3,299,093
Regular Operating Expenses...............$ 129,790
Travel................................. $ 150,000
Motor Vehicle Equipment Purchases........$ 51,555
GEORGIA LAWS 1983 SESSION 1623
Publications and Printing..................$ 7,000
Equipment Purchases........................$ 12,520
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 6,800
Telecommunications.........................$ 35,717
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted.......................$ 3,692,475
State Funds Budgeted.......................$ 2,978,630
Total Positions Budgeted 126
11. Meat Inspection Budget:
Personal Services..........................$ 2,771,525
Regular Operating Expenses.................$ 78,936
Travel.....................................$ 145,000
Motor Vehicle Equipment Purchases..........$ 58,920
Publications and Printing..................$ 2,000
Equipment Purchases........................$ 942
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 20,212
Per Diem, Fees and Contracts................$ 118,970
Total Funds Budgeted.......................$ 3,196,505
State Funds Budgeted.......................$ 1,278,602
Total Positions Budgeted 122
12. Seed Technology and Development
Personal Services...........................$ 192,970
Regular Operating Expenses.................$ 3,700
Travel......................................$ 4,000
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.......................$ 200,670
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services..........................$ 19,807,693
Regular Operating Expenses.................$ 2,326,555
Travel.....................................$ 800,850
1624
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases...............................$ 418,505
Publications and Printing.................$ 510,760
Equipment Purchases.......................$ 94,095
Computer Charges..........................$ 166,099
Real Estate Rentals.......................$ 592,546
Telecommunications...................... $ 324,180
Per Diem, Fees and Contracts..............$ 244,470
Market Bulletin Postage...................$ 676,000
Athens Veterinary Laboratory
Contract................................$ 463,456
Tifton Veterinary Laboratory
Contract................................$ 856,380
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston
Statesboro and Tifton................. $ 1,022,175
Veterinary Fees...........................$ 525,000
Indemnities...............................$ 75,000
Advertising Contract......................$ 95,000
Payments to Georgia Agrirama
Development Authority for
Operations..............................$ 277,700
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets.......................$ 75,000
Contract - Federation of
Southern Cooperatives...................$ 20,000
Total Positions Budgeted 894
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.
GEORGIA LAWS 1983 SESSION
1625
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, $25,000 is designated and committed for
on-farm testing for brucellosis in cattle to be
transported out of Georgia.
Provided, that the Athens and Tifton Veteri-
nary Laboratories are authorized to charge reason-
able testing fees only for export swine and cattle.
B. Budget Unit: Georgia Agrirama
Development Authority.............$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services.........................$ 433,156
Regular Operating Expenses................$ 100,039
Travel....................................$ 6,850
Motor Vehicle Equipment Purchases.........$ 9,265
Publications and Printing.................$ 5,775
Equipment Purchases..................... $ 1,600
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications...................... $ 5,800
Per Diem, Fees and Contracts..............$ 47,822
Capital Outlay............................$ -0-
Goods for Resale..........................$ 82,000
Total Funds Budgeted......................$ 692,307
State Funds Budgeted......................$ -0-
Total Positions Budgeted 27
Budget Unit Object Classes:
Personal Services....................... $ 433,156
Regular Operating Expenses................$ 100,039
Travel.................................. $ 6,850
1626
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases.........$ 9,265
Publications and Printing.................$ 5,775
Equipment Purchases.......................$ 1,600
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 5,800
Per Diem, Fees and Contracts..............$ 47,822
Capital Outlay............................$ -0-
Goods for Resale..........................$ 82,000
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.......................$ 3,481,935
Administration and Examination Budget:
Personal Services.........................$ 2,890,173
Regular Operating Expenses................$ 154,147
Travel....................................$ 252,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 19,550
Equipment Purchases.......................$ 5,700
Computer Charges........................ $ 300
Real Estate Rentals.......................$ 127,800
Telecommunications........................$ 30,265
Per Diem, Fees and Contracts..............$ 2,000
Total Funds Budgeted......................$ 3,481,935
State Funds Budgeted......................$ 3,481,935
Total Positions Budgeted 102
Budget Unit Object Classes:
Personal Services.........................$ 2,890,173
Regular Operating Expenses................$ 154,147
Travel....................................$ 252,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 19,550
Equipment Purchases.......................$ 5,700
Computer Charges..........................$ 300
GEORGIA LAWS 1983 SESSION
1627
Real Estate Rentals.......................$ 127,800
Telecommunications........................$ 30,265
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..................$ 4,763,212
1. Executive and Administrative Budget:
Personal Services...................... $ 562,074
Regular Operating Expenses...............$ 38,100
Travel...................................$ 10,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 6,750
Equipment Purchases..............8.......$ -0-
Computer Charges.................. .....$ -0-
Real Estate Rentals......................$ 39,297
Telecommunications.......................$ 11,220
Per Diem, Fees and Contracts.............$ 12,500
Capital Felony Expenses..................$ 50,000
Multi-State Transportation Board.........$ -0-
Contracts with Area Planning
and Development Commissions............$ 1,282,500
Grants for Revitalization
Projects...............................$ 50,000
Special Grants...........................$ 10,000
Local Assistance Grants..................$ 335,000
Total Funds Budgeted.....................$ 2,407,441
State Funds Budgeted.....................$ 2,356,390
Total Positions Budgeted 18
2. Technical Assistance Budget:
Personal Services........................$ 713,411
Regular Operating Expenses...............$ 24,775
Travel...................................$ 39,250
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 8,900
Equipment Purchases......................$ 400
Computer Charges.........................$ 1,000
Real Estate Rentals......................$ 52,396
Telecommunications...................... $ 20,650
1628
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts..............$ 23,925
Juvenile Justice
Grants (Federal)...................... $ 1,000,000
Total Funds Budgeted......................$ 1,884,707
State Funds Budgeted......................$ 820,940
Total Positions Budgeted 24
3. Community and Economic
Development Budget:
Personal Services.........................$ 929,391
Regular Operating Expenses................$ 23,545
Travel.................................. $ 52,500
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 10,000
Equipment Purchases..................... $ 350
Computer Charges...................... $ -0-
Real Estate Rentals.......................$ 65,495
Telecommunications........................$ 24,900
Per Diem, Fees and Contracts,.............$ 5,000
Appalachian Regional
Commission Assessment...................$ 89,777
Appalachian Regional Commission
Matching Grants.........................$ 25,000
Economic Development Grants...............$ 200,000
Appalachian Regional Commission
Grants (Federal)................. .....$ 8,500,000
Community Development Block
Grants (Federal)...................... $ 42,000,000
Total Funds Budgeted.................... $ 51,925,958
State Funds Budgeted......................$ 1,144,010
Total Positions Budgeted 29
4. Intergovernmental Assistance Budget:
Personal Services.........................$ 480,109
Regular Operating Expenses................$ 11,868
Travel........................................ 16,710
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 18,450
Equipment Purchases..................... $ -0-
Computer Charges..........................$ 5,600
Real Estate Rentals.......................$ 30,565
Telecommunications...................... $ 13,100
Per Diem, Fees and Contracts..............$ 3,180
GEORGIA LAWS 1983 SESSION
1629
Total Funds Budgeted......................$ 579,582
State Funds Budgeted......................$ 441,872
Total Positions Budgeted 14
Budget Unit Object Classes:
Personal Services.........................$ 2,684,985
Regular Operating Expenses................$ 98,288
Travel....................................$ 118,460
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 44,100
Equipment Purchases.......................$ 750
Computer Charges..........................$ 6,600
Real Estate Rentals.......................$ 187,753
Telecommunications.................... $ 69,870
Per Diem, Fees and Contracts..............$ 44,605
Capital Felony Expenses...................$ 50,000
Contracts with Area Planning
and Development Commissions.............$ 1,282,500
Local Assistance Grants...................$ 335,000
Grants to Revitalization
Projects......................... $ 50,000
Special Grants........................ $ 10,000
Appalachian Regional Commission
Matching Grants.........................$ 25,000
Economic Development Grants...............$ 200,000
Appalachian Regional Commission
Assessment............................ $ 89,777
Multi-State Transportation Board..........$ -0-
Appalachian Regional Commission
Grants (Federal)........................$ 8,500,000
Community Development Block
Grants (Federal)........................$ 42,000,000
Juvenile Justice
Grants (Federal)........................$ 1,000,000
Total Positions Budgeted 85
Authorized Motor Vehicles 4
B. Budget Unit: Georgia Residential
Finance Authority................ $ -0-
Georgia Residential Finance
Authority Budget:
Personal Services...........j...............$ 1,900,951
Regular Operating Expenses................$ 219,738
1630
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel......................................$ 76,836
Motor Vehicle Equipment
Purchases.................................$ 47,000
Publications and Printing...................$ 46,441
Equipment Purchases.........................$ 108,610
Computer Charges............................$ 14,600
Real Estate Rentals.........................$ 138,486
Telecommunications..........................$ 280,078
Per Diem, Fees and Contracts................$ 66,599
Rental Assistance Payments..................$ 11,000,000
Grants to Housing Sponsors..................$ 500,000
Total Funds Budgeted........................$ 14,399,339
State Funds Budgeted........................$ -0-
Total Positions Budgeted 78
Authorized Motor Vehicles 29
Budget Unit Object Classes:
Personal Services...........................$ 1,900,951
Regular Operating Expenses..................$ 219,738
Travel.................................... $ 76,836
Motor Vehicle Equipment
Purchases............................. $ 47,000
Publications and Printing...................$ 46,441
Equipment Purchases.........................$ 108,610
Computer Charges............................$ 14,600
Real Estate Rentals....%................... $ 138,486
Telecommunications..........................$ 280,078
Per Diem, Fees and Contracts.............. $ 66,599
Rental Assistance Payments..................$ 11,000,000
Grants to Housing Sponsors..................$ 500,000
Total Positions Budgeted 78
Authorized Motor Vehicles 29
Section 17. Office of Comptroller
General.
Budget Unit: Office of Comptroller
General...........................$ 6,158,123
1. Internal Administration Budget:
Personal Services.........................$ 549,221
Regular Operating Expenses................$ 98,537
Travel....................................$ 6,109
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 7,000
GEORGIA LAWS 1983 SESSION
1631
Equipment Purchases.............;........$ -0-
Computer Charges...................I.....$ 108,304
Real Estate Rentals................... $ 114,189
Telecommunications........................$ 21,893
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted..................... $ 905,253
State Funds Budgeted......................$ 893,253
Total Positions Budgeted 20
2. Insurance Regulation Budget:
Personal Services.................. ...$ 1,061,964
Regular Operating Expenses................$ 67,891
Travel................................ $ 5,683
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 95,000
Equipment Purchases........V.............$ 1,000
Computer Charges........................ $ 44,768
Real Estate Rentals..................... $ 144,925
Telecommunications...................... $ 24,909
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,446,140
State Funds Budgeted............ ......$ 1,360,146
Total Positions Budgeted 46
3. Industrial Loans Regulation
Budget:
Personal Services....................... $ 383,983
Regular Operating Expenses................$ 20,572
Travel...................................... 14,810
Motor Vehicle Equipment Purchases.........$ 24,000
Publications and Printing............... $ 5,000
Equipment Purchases..................... $ 1,000
Computer Charges........................ $ -0-
Real Estate Rentals.............................19,871
Telecommunications.................... $ 7,000
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted..................... $ 476,236
State Funds Budgeted......................$ 476,236
Total Positions Budgeted 13
4. Information and Enforcement
Budget:
Personal Services.........................$ 1,034,717
Regular Operating Expenses................$ 40,000
1632
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.....................................$ 19,778
Motor Vehicle Equipment Purchases..........$ 16,000
Publications and Printing.................$ 4,366
Equipment Purchases........................$ 1,200
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 119,288
Telecommunications.........................$ 32,826
Per Diem, Fees and Contracts...............$ 500
Total Funds Budgeted.......................$ 1,268,675
State Funds Budgeted.......................$ 1,268,675
Total Positions Budgeted 43
5. Fire Safety and Mobile Home
Regulation Budget:
Personal Services........................ $ 2,142,140
Regular Operating Expenses.................$ 113,000
Travel.....................................$ 126,150
Motor Vehicle Equipment Purchases..........$ 32,000
Publications and Printing..................$ 14,000
Equipment Purchases...................... $ 2,172
Computer Charges.................... .....$ -0-
Real Estate Rentals........................$ 71,052
Telecommunications.........................$ 20,299
Per Diem, Fees and Contracts...............$ 14,000
Total Funds Budgeted..................... $ 2,534,813
State Funds Budgeted.......................$ 2,159,813
Total Positions Budgeted 101
Budget Unit Object Classes:
Personal Services..........................$ 5,172,025
Regular Operating Expenses.................$ 340,000
Travel................................... $ 172,530
Motor Vehicle Equipment Purchases..........$ 72,000
Publications and Printing..................$ 125,366
Equipment Purchases........................$ 5,372
Computer Charges.....................I....$ 153,072
Real Estate Rentals........................$ 469,325
Telecommunications.........................$ 106,927
Per Diem, Fees and Contracts...............$ 14,500
Total Positions Budgeted 223
Authorized Motor Vehicles 57
GEORGIA LAWS 1983 SESSION
1633
Section 18. Department of Defense.
Budget Unit: Department of Defense............$ 3,015,656
1. Office of the Adjutant General
Budget:
Personal Services........................$ 657,005
Regular Operating Expenses................$ 45,986
Travel ................................. $ 2,580
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing............... $ 3,500
Equipment Purchases..................... $ 400
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 2,065
Per Diem, Fees and Contracts..............$ 10,000
Military Assistance to
Safety and Traffic Grant.............. $ -0-
Total Funds Budgeted......................$ 721,536
State Funds Budgeted......................$ 642,918
Total Positions Budgeted 21
2. Georgia Emergency Management
Agency Budget:
Personal Services.........................$ 939,863
Regular Operating Expenses.............. $ 113,949
Travel....................................$ 30,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 20,900
Equipment Purchases..................... $ 1,095
Computer Charges..........................$ -0-
Real Estate Rentals......................$ 5,960
Telecommunications.................... $ 40,150
Per Diem, Fees and Contracts..............$ 62,040
Utilities............................. $ 22,900
Civil Air Patrol Contract............... $ 40,000
Local Civil Defense Grants -
Project Application................... $ 40,000
Local Civil Defense
Grants - Training..................... $ -0-
Total Funds Budgeted......................$ 1,316,857
State Funds Budgeted......................$ 501,913
Total Positions Budgeted 36
1634
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Georgia Air National Guard
Budget:
Personal Services.........................$ 1,207,866
Regular Operating Expenses................$ 299,130
Travel.................................j..$ 300
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,350
Equipment Purchases.......................$ -0-
Computer Charges........................ $ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Utilities............................... $ 678,669
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 2,187,315
State Funds Budgeted......................$ 298,220
Total Positions Budgeted 56
4. Georgia Army National Guard
Budget:
Personal Services.........................$ 1,653,211
Regular Operating Expenses................$ 609,315
Travel....................................$ 3,250
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 16,300
Equipment Purchases.......................$ 17,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 26,000
Per Diem, Fees and Contracts..............$ 11,500
Utilities.................................$ 567,700
Capital Outlay.......................... $ 991,716
Georgia Military Institute Grant..........$ 18,000
Grants to National Guard Units............$ 411,000
Repairs and Renovations................. $ 85,000
Total Funds Budgeted......................$ 4,409,992
State Funds Budgeted......................$ 1,572,605
Total Positions Budgeted 84
Budget Unit Object Classes:
Personal Services....................... $ 4,457,945
Regular Operating Expenses................$ 1,068,380
Travel....................................$ 36,130
Motor Vehicle Equipment Purchases.........$ -0-
GEORGIA LAWS 1983 SESSION 1635
Publications and Printing.................$ 42,050
Equipment Purchases.......................$ 18,495
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 5,960
Telecommunications........................$ 68,215
Per Diem, Fees and Contracts..............$ 83,540
Utilities.................................$ 1,269,269
Military Assistance to
Safety and Traffic Grant.................$ -0-
National Guard Units Grants................$ 411,000
Georgia Military Institute Grant...........$ 18,000
Civil Air Patrol Contract..................$ 40,000
Capital Outlay............................ $ 991,716
Local Civil Defense Grants -
Project Application......................$ 40,000
Local Civil Defense
Grants - Training........................$ -0-
Repairs and Renovations....................$ 85,000
Total Positions Budgeted 196
Authorized Motor Vehicles 20
Section 19. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education..........................$1,407,529,426
1. Instructional Services Budget:
Personal Services..........................$ 4,401,689
Regular Operating Expenses.................$ 789,125
Travel................................. ..$ 252,670
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 193,885
Equipment Purchases........................$ 10,000
Real Estate Rentals........................$ 354,680
Telecommunications.........................$ 114,140
Per Diem, Fees and Contracts...............$ 51,000
Utilities..................................$ 3,575
Total Funds Budgeted.......................$ 6,170,764
Indirect DO AS Services Funding............$ 51,000
State Funds Budgeted.......................$ 3,705,394
Total Positions Budgeted 163
1636
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Governors Honors Program Budget:
Personal Services..........................$ 286,799
Regular Operating Expenses.................$ 24,350
Travel................................... $ 3,395
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,600
Equipment Purchases........................$ 3,625
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 5,570
Per Diem, Fees and Contracts...............$ 454,020
Total Funds Budgeted.............................779,359
State Funds Budgeted.................. jj$K 779,359
Total Positions Budgeted 2
3. Vocational Education Budget:
Personal Services.......................gpD$ 2,964,657
Regular Operating Expenses.................$ 264,465
Travel..............................|......$ 204,775
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 63,240
Equipment Purchases........................$ 12,640
Real Estate Rentals........................$ 302,845
Telecommunications.........................$ 92,980
Per Diem, Fees and Contracts...............$ 1,514,775
Utilities................................ $ 14,275
Total Funds Budgeted.......................$ 5,434,652
State Funds Budgeted.......................$ 2,187,002
Total Positions Budgeted 101
4. Public Library Services Budget:
Personal Services........................ $ 849,941
Regular Operating Expenses.................$ 179,655
Travel................................... $ 13,800
Publications and Printing..................$ 10,180
Equipment Purchases........................$ -0-
Real Estate Rentals....................... $ 124,000
Telecommunications.........................$ 37,320
Per Diem, Fees and Contracts...............$ 90,500
Utilities..................................$ 14,510
Total Funds Budgeted.......................$ 1,319,906
State Funds Budgeted.......................$ 746,123
Total Positions Budgeted 41
GEORGIA LAWS 1983 SESSION
1637
5. State Administration Budget:
Personal Services.........................$ 1,009,675
Regular Operating Expenses................$ 296,895
Travel.................................. $ 37,500
Motor Vehicle Equipment Purchases.........$ 9,000
Publications and Printing.................$ 11,620
Equipment Purchases.......................$ 7,800
Real Estate Rentals.......................$ 206,120
Telecommunications........................$ 26,720
Per Diem, Fees and Contracts..............$ 178,950
Total Funds Budgeted......................$ 1,784,280
State Funds Budgeted......................$ 1,409,787
Total Positions Budgeted 31
6. Administrative Services Budget:
Personal Services.........................$ 4,811,132
Regular Operating Expenses................$ 214,300
Travel....................................$ 217,965
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 186,985
Equipment Purchases.......................$ 2,700
Computer Charges..........................$ 685,965
Real Estate Rentals.......................$ 636,825
Telecommunications........................$ 102,600
Per Diem, Fees and Contracts..............$ 643,950
Utilities.................................$ 6,895
Total Funds Budgeted......................$ 7,509,317
Indirect DO AS Services Funding...........$ 289,000
State Funds Budgeted......................$ 4,787,405
Total Positions Budgeted 186
7. Certification of Public
School Personnel Budget:
Personal Services.........................$ 604,500
Regular Operating Expenses................$ 31,350
Travel....................................$ 1,390
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,650
Equipment Purchases.......................$ 1,825
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 17,525
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 661,240
1638
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 638,094
Total Positions Budgeted 31
8. Planning and Development Budget:
Personal Services.........................$ 2,085,780
Regular Operating Expenses................$ 82,160
Travel....................................$ 80,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 74,550
Equipment Purchases.......................$ 6,050
Real Estate Rentals.......................$ 333,345
Telecommunications........................$ 52,975
Per Diem, Fees and Contracts..............$ 1,315,010
Total Funds Budgeted......................$ 4,029,870
State Funds Budgeted.............I........$ 3,401,089
Total Positions Budgeted 65
9. Professional Standards
Commission Budget:
Personal Services....................... $ 63,087
Regular Operating Expenses...........j....$ 7,560
Travel .................................. $ 2,000
Publications and Printing.................$ 6,000
Equipment Purchases................. ..$ -0-
Real Estate Rentals.......................$ 5,900
Telecommunications.....;................. $ 3,500
Per Diem, Fees and Contracts..............$ 40,000
Total Funds Budgeted..................... $ 128,047
State Funds Budgeted..................... $ 128,047
Total Positions Budgeted 2
10. Vocational Advisory
Council Budget:
Personal Services........................ $ 69,176
Regular Operating Expenses................$ 11,710
Travel................................... $ 4,825
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 8,500
Equipment Purchases.......................$ 3,400
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 8,000
GEORGIA LAWS 1983 SESSION
1639
Telecommunications.........................$ 3,585
Per Diem, Fees and Contracts...............$ 20,000
Total Funds Budgeted.......................$ 129,196
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 2
11. Professional Practices
Commission Budget:
Personal Services..........................$ 250,075
Regular Operating Expenses.................$ 9,810
Travel.....................................$ 12,640
Motor Vehicle Equipment Purchases..........$ 9,200
Publications and Printing..................$ 700
Equipment Purchases........................$ 10,000
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 25,140
Telecommunications.........................$ 5,930
Per Diem, Fees and Contracts...............$ 55,000
Total Funds Budgeted................... $ 378,495
State Funds Budgeted..................... $ 378,495
Total Positions Budgeted 7
12. Local Programs Budget:
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)............................$ 576,330,451
Salaries of Instructional
Personnel Code
Section 20-2-152.......................$ 100,665,067
Salaries of Instructional
Personnel Code
Section 20-2-153.......................$ 24,938,840
Salaries of Student
Supportive Personnel...................$ 24,628,256
Salaries of Administrative
and Supervisory
Personnel..............................$ 67,042,919
Special Education
Leadership Personnel...................$ 3,185,984
Instructional Media......................$ 19,781,153
Instructional Equipment..................$ 686,289
Maintenance and Operation................$ 92,311,377
Sick and Personal Leave..................$ 5,494,319
1640
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel...................................$ 1,006,891
Pupil Transportation.....................$ 85,292,194
Isolated Schools.........................$ 517,973
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 75,364,111
Teacher Retirement.......................$ 108,529,134
Instructional Services for
the Handicapped........................$ 22,688,126
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 43,775
Tuition for the Multi-
handicapped .............................$ 1,172,000
Severely Emotionally
Disturbed..............................$ 16,024,487
Compensatory Education...................$ 16,526,420
School Lunch (Federal)...................$ 78,851,316
School Lunch (State).....................$ 16,769,483
Staff Development........................$ 739,750
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,559,235
Special Project Grants...................$ -0-
Cooperative Educational
Service Agencies...................,...$ 3,869,339
Superintendents Salaries................$ 4,949,007
High School Program......................$ 28,431,976
Area Vocational-Technical
Schools................................$ 54,964,546
Junior College Vocational
Program................................$ 1,729,709
Quick Start Program......................$ 2,800,000
Comprehensive Employment
and Training..............|..........$ 2,290,000
Vocational Research and
Curriculum.............................$ 491,539
Adult Education..........................$ 3,170,411
Salaries and Travel of
Public Librarians......................$ 4,381,670
Public Library Materials...............3,575,228
Talking Book Centers.....................$ 684,527
GEORGIA LAWS 1983 SESSION
1641
Public Library Maintenance
and Operation............................$ 2,714,607
Public Library Construction................$ 441,995
Instructional Aides........................$ 9,758,903
Teacher Health Insurance...................$ 34,155,435
Capital Outlay.............................$ 270,000
Grants to Local School
Systems for Educational
Purposes.................................$ 78,000,000
Salaries of Extended
Pre-School Personnel.....................$ 10,478,648
Chapter II - Block Grant
Flow Through.............................$ 8,702,655
Child Care Lunch
Program..................................$ 1,000,000
Total Funds Budgeted...........,....s.......$l,599,009,745
State Funds Budgeted........................$1,389,368,631
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services............................$ 17,396,511
Regular Operating Expenses...................$ 1,911,380
Travel.......................................$ 830,960
Motor Vehicle Equipment
Purchases..................................$ 18,200
Publications and Printing.................. $ 561,910
Equipment Purchases.................. ....$ 58,040
Computer Charges........................... $ 685,965
Real Estate Rentals......................... $ 1,996,855
Telecommunications...........................$ 462,845
Per Diem, Fees and Contracts.................$ 4,363,205
Utilities............................. .....$ 39,255
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)............................ $ 576,330,451
Salaries of Instructional
Personnel Code Section
20-2-152............................... $ 100,665,067
Salaries of Instructional
Personnel Code Section
20-2-153
.$ 24,938,840
1642
GENERAL ACTS AND RESOLUTIONS, VOL. I
Salaries of Student
Supportive Personnel...................$ 24,628,256
Salaries of Administrative
and Supervisory
Personnel..............................$ 67,042,919
Special Education
Leadership Personnel...................$ 3,185,984
Instructional Media.......................$ 19,781,153
Instructional Equipment....,..............$ 686,289
Maintenance and Operation.................$ 92,311,377
Sick and Personal Leave..................$ 5,494,319
Travel.................................. $ 1,006,891
Pupil Transportation -
Regular................................$ 85,292,194
Isolated Schools..........................$ 517,973
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 75,364,111
Teacher Retirement........................$ 108,529,134
Instructional Services for
the Handicapped........................$ 22,688,126
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 43,775
Tuition for the Multi-
handicapped .............................$ 1,172,000
Severely Emotionally
Disturbed..............................$ 16,024,487
Compensatory Education.................. $ 16,526,420
School Lunch (Fed.).......................$ 78,851,316
School Lunch (State)......................$ 16,769,483
Staff Development.........................$ 739,750
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,559,235
Cooperative Educational
Service Areas........las..............$ 3,869,339
Superintendents Salaries..................$ 4,949,007
High School Program.......................$ 28,431,976
Area School Program.......................$ 54,964,546
Junior College Program....................$ 1,729,709
Quick Start...............................$ 2,800,000
Special Projects..........................$ -0-
GEORGIA LAWS 1983 SESSION
1643
Comprehensive Employment
and Training...........................$ 2,290,000
Vocational Research and
Curriculum.............................$ 491,539
Adult Education..........................$ 3,170,411
Salaries and Travel of
Public Librarians......................$ 4,381,670
Public Library Materials.................$ 3,575,228
Talking Book Centers.....................$ 684,527
Public Library M & O.....................$ 2,714,607
Public Library Construction..............$ 441,995
Instructional Aides......................$ 9,758,903
Teacher Health Insurance.................$ 34,155,435
Capital Outlay......................... $ 270,000
Grants to Local School
Systems for Educational
Purposes...............................$ 78,000,000
Indo-Chinese Refugee.....................$ -0-
Salaries of Extended
Pre-School Personnel................. $ 10,478,648
Child Care Lunch
Program (Federal)......................$ 1,000,000
Chapter II - Block Grant
Flow Through.............................$ 8,702,655
Total Positions Budgeted 631
Authorized Motor Vehicles 6
B. Budget Unit: Institutions....................$ 15,812,979
L Georgia Academy for the Blind
Budget:
Personal Services...........................$ 2,646,553
Regular Operating Expenses..................$ 227,085
Travel......................................$ 2,800
Motor Vehicle Equipment Purchases...........$ 8,000
Publications and Printing...................$ 2,845
Equipment Purchases.........................$ 16,860
Telecommunications..........................$ 15,595
Per Diem, Fees and Contracts................$ 7,700
Utilities...................................$ 186,150
Capital Outlay..............................$ 10,000
Total Funds Budgeted........................$ 3,123,588
State Funds Budgeted........................$ 2,838,678
Total Positions Budgeted 149
1644
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Georgia School for the Deaf
Budget:
Personal Services...................... $ 4,679,900
Regular Operating Expenses.................$ 561,400
Travel.....................................$ 9,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 400
Equipment Purchases........................$ 12,220
Telecommunications.........................$ 17,650
Per Diem, Fees and Contracts...............$ 12,650
Utilities..................................$ 408,460
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 5,701,680
State Funds Budgeted.......................$ 5,354,222
Total Positions Budgeted 249
3. Atlanta Area School for the Deaf
Budget:
Personal Services.........................$ 1,995,391
Regular Operating Expenses.............*..$ 206,275
Travel.....................................$ 7,500
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing..................$ 1,500
Equipment Purchases........................$ 15,800
Telecommunications.........................$ 27,365
Per Diem, Fees and Contracts...............$ 81,865
Utilities..................................$ 126,410
Capital Outlay............................$ -0-
Total Funds Budgeted.......................$ 2,462,106
State Funds Budgeted.......................$ 2,238,974
Total Positions Budgeted 93
4. North Georgia Vocational-Technical
School Budget:
Personal Services..........................$ 2,571,659
Regular Operating Expenses.................$ 679,030
Travel.............................*......$ 10,000
Motor Vehicle Equipment Purchases............$ 30,600
Publications and Printing..................$ 4,000
Equipment Purchases........................$ 95,440
Telecommunications.........................$ 17,375
Per Diem, Fees and Contracts...............$ *0-
Utilities...........................:.....$ 340,080
Capital Outlay.............................$ 105,000
GEORGIA LAWS 1983 SESSION
1645
Total Funds Budgeted........................$ 3,853,184
State Funds Budgeted........................$ 2,884,172
Total Positions Budgeted 104
5. South Georgia Vocational-Technical
School Budget:
Personal Services...........................$ 2,050,062
Regular Operating Expenses..................$ 516,850
Travel......................................$ 14,475
Motor Vehicle Equipment Purchases...........$ 20,000
Publications and Printing...................$ 2,500
Equipment Purchases.........................$ 108,395
Telecommunications..........................$ 26,950
Per Diem, Fees and Contracts................$ 11,750
Utilities...................................$ 322,140
Capital Outlay..............................$ 15,000
Total Funds Budgeted........................$ 3,088,122
State Funds Budgeted........................$ 2,496,933
Total Positions Budgeted 90
Budget Unit Object Classes:
Personal Services...........................$ 13,943,565
Regular Operating Expenses..................$ 2,190,640
Travel......................................$ 43,775
Motor Vehicle Equipment
Purchases................................$ 58,600
Publications and Printing...................$ 11,245
Equipment Purchases.........................$ 248,715
Telecommunications..........................$ 104,935
Per Diem, Fees and Contracts................$ 113,965
Utilities...................................$ 1,383,240
Capital Outlay..............................$ 130,000
Total Positions Budgeted 685
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.
1646
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 bear the pro rata part of the cost
of employer contributions to the Teachers Retire-
ment System and Teachers Health Insurance
applicable to such salary.
Provided, further, that for kindergarten pro-
grams, each system shall be allotted instructional
units on the basis of one teacher and one aide for
each 40 students or major fraction thereof in aver-
age daily attendance, except in the case of men-
tally, physically or emotionally handicapped child-
ren, the ratio shall be one teacher and one aide for
24 students or major fraction thereof in average
daily membership.
Provided, that of the above appropriation rela-
tive to Kindergarten Transportation, funds shall
initially be allotted to local school systems on the
basis of 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 permit exten-
sion of the half-day kindergarten program to a full-
day program, local systems may elect to use mid-
day transportation allotments to employ aides or
certificated instructional personnel on a reimburs-
able basis to the extent that the $12,202 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.
GEORGIA LAWS 1983 SESSION
1647
Provided further that for the purpose of mid-
term adjustment in grades 1 through 7 additional
units shall be the difference between the total
earned and total allotted in those grades.
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.
Furthermore, the Code Section 20-2-152 teach-
ing 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 allo-
cated.
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 Code Section 20-2-157(b)(2)
and Code Section 20-2-160.
1648
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that of the above appropriation for
$739,750 for Staff Development, $73,975 is desig-
nated and committed to fund a State level staff
development program specifically for Special Edu-
cation Teachers 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 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, $16,526,420 is
designated and committed for a compensatory
education program for students in grades three
through eleven and shall be used for remedial
purposes only. The local systems Compensatory
Education Plan shall provide for a program of
remediating those students who have failed, or are
at risk of failing, the fourth and eighth grade
Georgia Criterion Referenced Tests and the tenth
grade Georgia Basic Skills Test. Provided, how-
ever, where a local systems Compensatory Educa-
tion Plan justifies the need, the State Board of
Education may approve the usage of these funds
for remedial purposes in grades one and two.
Funds shall be distributed on the basis of the
number of students in grades four, eight, and ten
failing to achieve the minimum standard score on
the statewide reading and mathematics test
administered to all students enrolled at these
grade levels.
GEORGIA LAWS 1983 SESSION
1649
Provided, that the funds appropriated herein
for local school construction shall be used to com-
plete the funding of those projects for which S.F.Y.
1984 entitlements were sufficient to cover eligible
projects Code Section 20-2-250, based on a total
state entitlement of $60 million for S.F.Y. 1984.
Provided, that of the funds appropriated for
the High School Program, Comprehensive High
Schools or Vocational Schools may use funds for
the purpose of repairing existing equipment in lieu
of purchasing new equipment without prior
approval of the Department of Education.
Section 20. Employees Retirement System.
Budget Unit: Employees Retirement
System............................$ 8,342,714
Employees Retirement System Budget:
Personal Services............I............$ 610,551
Regular Operating Expenses................$ 14,139
Travel.............................. $ 8,400
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 20,000
Equipment Purchases.......................$ 2,000
Computer Charges..........................$ 126,082
Real Estate Rentals..................... $ 74,046
Telecommunications.................... $ 11,633
Per Diem, Fees and Contracts..............$ 432,400
Postage...................................$ 48,000
Employer Contribution.....................$ 8,342,714
Total Funds Budgeted......................$ 9,689,965
State Funds Budgeted......................$ 8,342,714
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services....................... $ 610,551
Regular Operating Expenses.............. $ 14,139
Travel....................................$ 8,400
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 20,000
Equipment Purchases..................... $ 2,000
Computer Charges..........................$ 126,082
Real Estate Rentals.......................$ 74,046
1650
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications........................$ 11,633
Per Diem, Fees and Contracts..............$ 432,400
Postage...................................$ 48,000
Employer Contribution.....................$ 8,342,714
Total Positions Budgeted 28
Authorized Motor Vehicles 1
Section 21. Forestry Commission.
Budget Unit: Forestry Commission..............$ 23,413,712
1. Reforestation Budget:
Personal Services.........................$ 969,498
Regular Operating Expenses................$ 901,155
Travel....................................$ 5,030
Motor Vehicle Equipment Purchases.........$ 22,445
Publications and Printing.................$ 2,325
Equipment Purchases.......................$ 16,845
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 8,870
Per Diem, Fees and Contracts..............$ 12,810
Total Funds Budgeted......................$ 1,938,978
State Funds Budgeted......................$ 554,138
Total Positions Budgeted 34
2. Field Services Budget:
Personal Services.........................$ 16,392,146
Regular Operating Expenses................$ 3,772,305
Travel.................:.................$ 87,400
Motor Vehicle Equipment
Purchases............................. $ 924,435
Publications and Printing.................$ 23,300
Equipment Purchases.......................$ 1,449,795
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 18,212
Telecommunications........................$ 495,000
Per Diem, Fees and Contracts..............$ 28,070
Ware County Grant.........................$ 60,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 23,250,663
State Funds Budgeted......................$ 21,185,663
Total Positions Budgeted 794
GEORGIA LAWS 1983 SESSION
1651
3. General Administration and
Support Budget:
Personal Services.........................$ 710,710
Regular Operating Expenses................$ 96,520
Travel....................................$ 14,500
Motor Vehicle Equipment Purchases.........$ 6,530
Publications and Printing.................$ 43,500
Equipment Purchases.......................$ 2,350
Computer Charges..........................$ 131,875
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 20,000
Per Diem, Fees and Contracts..............$ 3,800
Contractual Research......................$ 200,000
Payments to the University of
Georgia, School of Forestry
for Forest Research.....................$ 300,000
Total Funds Budgeted......................$ 1,529,785
State Funds Budgeted......................$ 1,529,385
Total Positions Budgeted 25
4. Wood Energy Budget:
Wood Energy Program.................,.....$ 144,526
Total Funds Budgeted......................$ 144,526
State Funds Budgeted.................... $ 144,526
Total Positions Budgeted 4
Budget Unit Object Classes:
Personal Services.........................$ 18,072,354
Regular Operating Expenses................$ 4,769,980
Travel....................................$ 106,930
Motor Vehicle Equipment
Purchases...............................$ 953,410
Publications and Printing.................$ 69,125
Equipment Purchases.......................$ 1,468,990
Computer Charges........................ $ 131,875
Real Estate Rentals.......................$ 18,212
Telecommunications........................$ 523,870
Per Diem, Fees and Contracts..............$ 44,680
Contractual Research......................$ 200,000
Payments to the University of
Georgia, School of Forestry
for Forest Research..................... $ 300,000
Ware County Grant.........................$ 60,000
Wood Energy Program.......................$ 144,526
1652
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay.............................$ -0-
Total Positions Budgeted 857
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................ $ 18,490,836
1. General Administration Budget:
Personal Services............. ...........$ 572,366
Regular Operating Expenses................$ 97,450
Travel....................................$ 6,500
Motor Vehicle Equipment Purchases.........$ 8,600
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ 1,650
Computer Charges..........................$ 6,630
Real Estate Rentals.......................$ 31,000
Telecommunications........................$ 22,440
Per Diem, Fees and Contracts..............$ 3,200
Postage................................. $ 5,500
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 759,336
State Funds Budgeted......................$ 759,336
Total Positions Budgeted 21
2. Investigative Division Budget:
Personal Services.........................$ 6,516,645
Regular Operating Expenses................$ 860,124
Travel...........8.................91,300
Motor Vehicle Equipment Purchases.........$ 457,400
Publications and Printing.................$ 21,500
Equipment Purchases.......................$ 236,540
Computer Charges....;.....................$ -0-
Real Estate Rentals................... $ 120,310
Telecommunications....................... $ 174,472
Per Diem, Fees and Contracts..............$ 2,600
Evidence Purchased........................$ 112,000
Postage................................. $ 5,400
Capital Outlay.......................... $ -0-
GEORGIA LAWS 1983 SESSION
1653
Total Funds Budgeted.......................$ 8,598,291
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted..................... $ 8,598,291
Total Positions Budgeted 203
3. Drug Enforcement Unit Budget:
Personal Services........................ $ 1,346,105
Regular Operating Expenses.................$ 228,200
Travel................................... $ 332,700
Motor Vehicle Equipment
Purchases................................. $ 192,550
Publications and Printing..................$ 1,500
Equipment Purchases.............. ........$ 302,935
Computer Charges....................... $ -0-
Real Estate Rentals........................$ 14,500
Telecommunications.........................$ 67,428
Per Diem, Fees and Contracts...............$ 400
Postage.......................................... 1,320
Evidence Purchased.........................$ 188,000
Total Funds Budgeted..................... $ 2,675,638
State Funds Budgeted.......................$ 2,675,638
Total Positions Budgeted 59
4. Forensic Sciences Division Budget:
Personal Services..........iv.............$ 2,602,526
Regular Operating Expenses.................$ 415,206
Travel................................... $ 25,000
Motor Vehicle Equipment Purchases..........$ 42,500
Publications and Printing.........;.......$ 5,600
Equipment Purchases..................... $ 41,350
Computer Charges......................... $ 56,311
Real Estate Rentals.................... $ 14,840
Telecommunications........................ $ 81,200
Per Diem, Fees and Contracts...............$ 500
Postage.................................. $ 19,000
Capital Outlay........................... $ -0-
Total Funds Budgeted.......................$ 3,304,033
State Funds Budgeted.......................$ 3,304,033
Total Positions Budgeted 89
5. Georgia Crime Information
Center Budget:
Personal Services..........................$ 1,969,471
Regular Operating Expenses.................$ 107,598
1654
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel................................. $ 11,000
Motor Vehicle Equipment Purchases..........$ 16,000
Publications and Printing................ $ 50,000
Equipment Purchases........................$ 7,325
Computer Charges...........................$ 1,896,944
Real Estate Rentals...................... $ 4,000
Telecommunications.........................$ 471,200
Per Diem, Fees and Contracts...............$ -0-
Postage.......,...........................$ 20,000
Total Funds Budgeted.......................$ 4,553,538
Indirect DO AS Services Funding............$ 1,400,000
State Funds Budgeted.......................$ 3,153,538
Total Positions Budgeted 97
Provided, that the Department is authorized to
use funds appropriated for Personal Services in the
Georgia Crime Information Center to upgrade
eight Fingerprint Specialist and eight Fingerprint
Technician positions in accordance with recom-
mendations of the Merit System of Personnel
Administration.
Budget Unit Object Classes:
Personal Services.........................$ 13,007,113
Regular Operating Expenses................$ 1,708,578
Travel....................................$ 466,500
Motor Vehicle Equipment
Purchases...............................$ 717,050
Publications and Printing.................$ 82,600
Equipment Purchases.......................$ 589,800
Computer Charges......................... $ 1,959,885
Real Estate Rentals.......................$ 184,650
Telecommunications.................. ....$ 816,740
Per Diem, Fees and Contracts..............$ 6,700
Evidence Purchased........................$ 300,000
GEORGIA LAWS 1983 SESSION
1655
Postage...................................$ 51,220
Capital Outlay............................$ -0-
Total Positions Budgeted 469
Authorized Motor Vehicles 289
Provided, the Department is authorized to use
$3,700,000 in existing bond proceeds for perma-
nent and moveable furnishings, landscaping, sig-
ning, scientific equipment and laboratory equip-
ment.
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission............$ -0-
Departmental Operations Budget:
Personal Services........................$ 862,655
Regular Operating Expenses...............$ 40,200
Travel............................... $ 8,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 1,000
Equipment Purchases......................$ 4,000
Computer Charges.........................$ 17,431
Real Estate Rentals......................$ 80,617
Telecommunications.......................$ 13,248
Per Diem, Fees and Contracts.............$ 122,000
Total Funds Budgeted.....................$ 1,149,151
Total Expenditures Authorized............$ 1,149,151
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 25
Budget Unit Object Classes:
Personal Services........................$ 862,655
Regular Operating Expenses...............$ 40,200
Travel...................................$ 8,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 1,000
Equipment Purchases......................$ 4,000
Computer Charges.........................$ 17,431
Real Estate Rentals.................... $ 80,617
Telecommunications..................... $ 13,248
1656
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ 122,000
Total Positions Budgeted 25
Authorized Motor Vehicles 0
Section 24. Office of the Governor.
A. Budget Unit: Governors Office..............$ 4,470,824
1. Governors Office Budget:
Cost of Operations.........................$ 1,899,449
Mansion Allowance..........................$ 40,000
Governors Emergency Fund..................$ 2,000,000
Intern Stipends and Travel.................$ 118,500
Total Funds Budgeted.......................$ 4,057,949
State Funds Budgeted.......................$ 4,057,949
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...................... $ 373,987
Regular Operating Expenses..............$ 9,000
Travel................................ $ 10,500
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing...............$ 1,075
Equipment Purchases.................t...$ -0-
Computer Charges........................$ -0-
Real Estate Rentals.....................$ 69,913
GEORGIA LAWS 1983 SESSION
1657
Telecommunications...................... $ 8,400
Per Diem, Fees and Contracts..............$ 10,000
Total Funds Budgeted......................$ 482,875
State Funds Budgeted......................$ 412,875
Total Positions Budgeted 15
Budget Unit Object Classes:
Cost of Operations........................$ 1,899,449
Mansion Allowance.........................$ 40,000
Governors Emergency Fund.................$ 2,000,000
Intern Stipends and Travel................$ 118,500
Personal Services.........................$ 373,987
Regular Operating Expenses................$ 9,000
Travel....................................$ 10,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,075
Equipment Purchases..................... $ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 69,913
Telecommunications....................... $ 8,400
Per Diem, Fees and Contracts..............$ 10,000
Total Positions Budgeted 15
Authorized Motor Vehicles 1
B. Budget Unit: Office of Planning
and Budget........................$ 3,468,228
Office of Planning and
Budget Budget:
Personal Services.........................$ 2,823,733
Regular Operating Expenses................$ 100,200
Travel....................................$ 65,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 36,200
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 104,780
Real Estate Rentals..................... $ 190,840
Telecommunications........................$ 50,875
Per Diem, Fees and Contracts..............$ 111,000
Total Funds Budgeted......................$ 3,483,228
1658
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 3,468,228
Total Positions Budgeted 83
Budget Unit Object Classes:
Personal Services..........................$ 2,823,733
Regular Operating Expenses.................$ 100,200
Travel.....................................$ 65,600
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing...............$ 36,200
Equipment Purchases........................$ -0-
Computer Charges...........................$ 104,780
Real Estate Rentals........................$ 190,840
Telecommunications.........................$ 50,875
Per Diem, Fees and
Contracts...............................$ 111,000
Total Positions Budgeted 83
Authorized Motor Vehicles 0
C. Budget Unit: Units Attached for
Administrative
Purposes Only.......................$ 3,576,559
1. Council of the Arts Budget:
Personal Services..........................$ 164,015
Regular Operating Expenses.................$ 8,545
Travel.....................................$ 3,060
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 4,500
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 39,600
Telecommunications....................... $ 8,270
Per Diem, Fees and Contracts...............$ 9,000
Art Grants - State Funds...................$ 1,368,806
Art Grants - Federal Funds............ ...$ 285,000
Art Grants - Donations.....................$ 26,000
Total Funds Budgeted.......................$ 1,916,796
State Funds Budgeted.......................$ 1,605,796
Total Positions Budgeted 8
2. Office of Consumer Affairs:
Personal Services..........................$ 1,022,926
Regular Operating Expenses.................$ 34,125
Travel................................... $ 11,000
GEORGIA LAWS 1983 SESSION
1659
icle Equipment Purchases.......$
s and Printing.................$
Purchases......................$
harges........................$
fe Rentals......................$
inications.....................$
Fees and Contracts.............$
Is Budgeted....................$
Is Budgeted....................$
;ions Budgeted
-0-
6,000
-0-
14,400
155,822
100,000
4,000
1,348,273
1,022,933
42
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1660
GENERAL ACTS AND RESOLUTIONS, VOL. I
5. Consumers Utility Counsel Budget:
Personal Services........................$ 293,188
Regular Operating Expenses...............$ 11,000
Travel...................................$ 3,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 700
Equipment Purchases.................... $ -0-
Computer Charges....................... $ -0-
Real Estate Rentals................... $ 15,863
Telecommunications.......................$ 5,200
Per Diem, Fees and Contracts.............$ 30,000
Total Funds Budgeted................... $ 358,951
State Funds Budgeted...........................358,951
Total Positions Budgeted 10
6. Criminal Justice Coordinating
Council Budget:
Personal Services........................$ 177,906
Regular Operating Expenses............. $ 11,015
Travel................................ $ 8,575
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 4,500
Equipment Purchases......................$ -0-
Computer Charges....................... $ -0-
Real Estate Rentals......................$ 28,768
Telecommunications.......................$ 3,800
Per Diem, Fees and Contracts.............$ 14,950
Total Funds Budgeted.....................$ 249,514
State Funds Budgeted.....................$ 249,514
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services.......................$ 2,026,350
Regular Operating Expenses...............$ 90,385
Travel............................... $ 45,285
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 47,900
Equipment Purchases......................$ -0-
Computer Charges....................... $ 19,400
Real Estate Rentals......................$ 254,855
Telecommunications.......................$ 132,170
Per Diem, Fees and Contracts.............$ 4,597,208
Art Grants - State Funds.................$ 1,368,806
GEORGIA LAWS 1983 SESSION
1661
Art Grants - Federal Funds................$ 285,000
Art Grants - Donations....................$ 26,000
Total Positions Budgeted 78
Authorized Motor Vehicles 0
Provided, however, that of the above appropri-
ation relative to Art Grants - State Funds, not less
than 95% of the State-Funded Art Grants is desig-
nated and committed for Grants to Counties,
Cities and Non-Profit Organizations in the State of
Georgia.
Section 25. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities.......................$ 6,800,000
1. Grants to Counties.................... .....$ 2,600,000
Total Funds Budgeted.........................$ 2,600,000
State Funds Budgeted.........................$ 2,600,000
2. Grants to Municipalities.....................$ 4,200,000
Total Funds Budgeted....................... $ 4,200,000
State Funds Budgeted.........................$ 4,200,000
Budget Unit Object Classes:
Grants to Counties......................... $ 2,600,000
Grants to Municipalities.....................$ 4,200,000
Provided, that the above sums shall be 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..........................$ 258,670,804
1. General Administration and
Support Budget:
Personal Services...........................$ 14,547,215
Regular Operating Expenses..................$ 3,297,570
1662
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel......................................$ 487,775
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 150,600
Equipment Purchases.........................$ 3,165
Computer Charges............................$ 1,273,108
Real Estate Rentals.........................$ 3,625,490
Telecommunications..........................$ 611,475
Per Diem, Fees and Contracts................$ 943,300
Utilities...................................$ 170,900
Postage.....................................$ 552,050
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 25,662,648
Indirect DO AS Services Funding.............$ 638,212
Indirect GBA Funding........................$ -0-
Agency Funds.............................. $ 11,518,962
Social Services
Block Grant Funds....................... $ 934,000
State Funds Budgeted.................... $ 12,571,474
Total Positions Budgeted 680
Authorized Motor Vehicles 7
General Administration and Support Functional
Budgets
Total Funds State Funds
Commissioners Office $
Child Care Licensing $
Laboratory Improvement $
Child Support Recovery $
Contract Management $
Public Affairs $
Office of Administrative
Appeals $
Pos.
565,729 13
1,342,397 50
415,638 17
698,649 306
188,982 6
373,993 12
818,088 $ 818,088 25
565,729 $
1,342,397 $
515,638 $
6,918,912 $
188,982 $
373,993 $
GEORGIA LAWS 1983 SESSION
1663
Health Care Facilities
Regulations $ 1,703,292 $ 594,792 52
Radiological Health $ 495,349 $ 495,349 15
Administrative Policy,
Coordination
and Direction $ 2,421,115 $ 2,421,115 4
Personnel $ 1,064,425 $ 992,425 42
Administrative Support
Services $ 2,063,033 $ 1,834,678 51
Office of Review
and Investigation $ 1,430,602 $ 339,359 41
Systems Planning,
Development and
Training $ 291,546 $ 291,546 7
Compliance Monitoring $ 233,987' $ 233,987 7
Electronic Data
Processing, Planning
and Coordination $ 305,346 $ 105,346 0
Facilities Management $ 3,926,615 $ 2,987,982 8
Regulatory Services -
Program Direction
and Support $ 319,881 $ 319,881 7
MH/MR Advisory Council $ 45,725 $ 45,725 1
Council on Family
Planning $ 8,800 $ 880 0
Developmental
Disabilities $ 224,900 $ -0- 5
Council on Maternal and
Infant Health $ 99,456 $ 99,456 3
Community and
Intergovernmental
Affairs $ 304,837 $ 304,837 8
1664
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect Cost $ -0- $ (2,899,360) 0
Undistributed $ -0- $ -0- 0
Total $ 25,662,648 $ 12,571,474 680
2. Financial Management Budget:
Personal Services.........................$ 5,807,376
Regular Operating Expenses................$ 138,700
Travel....................................$ 184,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 25,000
Equipment Purchases.......................$ 4,196
Computer Charges..........................$ 105,000
Real Estate Rentals.......................$ 4,100
Telecommunications........................$ 1,000
Per Diem, Fees and Contracts..............$ 15,000
Utilities.................................$ -0-
Postage................................. $ 75
Institutional Repairs
and Maintenance.........................$ -0-
Total Funds Budgeted......................$ 6,285,047
Social Services Block Grant Funds.........$ 721,800
Agency Funds.................;............$ 1,649,200
State Funds Budgeted......................$ 3,914,047
Total Positions Budgeted 240
Authorized Motor Vehicles 0
Financial Management Functional Budgets
Total Funds State Funds Pos.
Budget Administration $ 1,283,304 $ 1,283,304 40
Accounting Services $ 3,252,752 $ 3,252,752 149
Auditing Services- $ 1,748,991 $ 1,748,991 51
GEORGIA LAWS 1983 SESSION
1665
Indirect Cost $ -0- $ (2,371,000) 0
Undistributed $ -0- $ -0- 0
Total $ 6,285,047 $ 3,914,047 240
3. Special Programs Budget:
Personal Services..........................$ 3,749,123
Regular Operating Expenses.................$ 12,803,054
Travel.....................................$ 162,660
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 80,210
Equipment Purchases........................$ 2,293
Computer Charges......................... $ 278,980
Real Estate Rentals........................$ 27,456
Telecommunications.........................$ 108,725
Per Diem, Fees and Contracts......,.......$ 34,493,347
Menninger Group Homes......................$ 366,000
Contract - Georgia
Advocacy Office, Inc.....................$ 215,000
Utilities..................................$ -0-
Postage.................................. $ 42,900
Benefits for Child Care....................$ 691,200
Total Funds Budgeted.......................$ 53,020,948
Social Services
Block Grant Funds...........................15,570,723
Indirect DOAS Services Funding.............$ 44,143
Agency Funds...............................$ 30,188,833
State Funds Budgeted.......................$ 7,217,249
Total Positions Budgeted 154
Authorized Motor Vehicles 111
Special Programs Functional Budgets
Total Funds State Funds Pos.
Alternative Health
Services $ 1,007,600 $ 324,910 40
Human Development,
Directors Office $ 757,248 $ 757,248 23
1666
GENERAL ACTS AND RESOLUTIONS, VOL. I
Child Development
Administration $
Child Development
Contracts - Foster Care $
Special Projects
Child Development
Contracts - Day Care
Child Development
Contracts - Home
Management
Child Development
Contracts - Outreach
Information and Referral $
Troubled Children
Benefits $
Council on Aging $
Energy Assistance $
Social Services
Grant Administration $
Community Services $
Undistributed $
Total $
995,056 $
302,365 $
652,900 $
293,132 34
161,447 $
773,680 $
325,340 $
1,057,200 $
45,865 $
16,270,891 $
1,045,644 $
9,664,652 $
-0- $
53,020,948 $
4. Public Health - Program
Direction and Support Budget:
Personal Services..................
Regular Operating Expenses.........
Travel.............................
Motor Vehicle Equipment Purchases.
Publications and Printing..........
Equipment Purchases................
25,965
652,900
$ 19,961,060 $ 3,139,030
447,032
-0-
-0-
7,217,249
0
0
23,899 0
124,728 0
325,340 0
1,057,200 0
45,865 1
-0- 6
35
15
0
154
$
$
.$
2,520,064
130,020
59.800
-0-
52.800
13,000
GEORGIA LAWS 1983 SESSION
1667
Computer Charges............................$ 321,816
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 212,680
Per Diem, Fees and Contracts................$ 12,400
Utilities......;...........................$ -0-
Postage.................................. $ 1,200
Total Funds Budgeted........................$ 3,323,780
Indirect DOAS Services Funding..............$ 504,016
Agency Funds............................. $ 135,000
State Funds Budgeted........................$ 2,684,764
Total Positions Budgeted 112
Authorized Motor Vehicles 0
Public Health - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Directors Office $
Employees Health $
Primary Health Care $
Health Program
Management $
Vital Records $
Health Services Research $
Undistributed $
Total $
536,908 $ 357,908
266,821 $ 231,821
225,486 $ 222,286
648,326 $ 563,326
1,023,805 $ 1,008,805
622,434 $ 300,618
-0- $ -0-
3,323,780 $ 2,684,764
7
9
7
25
52
12
0
112
5. Public Health - Family
Health Budget:
Personal Services..........................$ 5,890,698
Regular Operating Expenses.................$ 2,058,895
Travel................................... $ 254,350
1668
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing...................$ 145,500
Equipment Purchases.........................$ 22,110
Computer Charges............................$ 117,090
Real Estate Rentals.........................$ 1,740
Telecommunications...................... $ 46,200
Per Diem, Fees and Contracts................$ 6,630,524
Crippled Children Clinics...................$ 316,000
Utilities.....................>............$ -0-
Postage................................. $ 16,800
Regional Grants for Prenatal and
Postnatal Care Programs...................$ 3,879,000
Crippled Children Benefits..................$ 2,860,000
Kidney Disease Benefits.....................$ 594,000
Cancer Control Benefits.....................$ 2,015,000
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.......................$ 113,000
Contract with Auditory
Educational Clinic..........;............$ 60,000
Contract with Emory University
for Arthritis Research.................. $ 205,000
Contract for Scoliosis Screening............$ 115,000
Family Planning Benefits....................$ 226,530
Total Funds Budgeted................i......$ 25,732,437
Indirect DOAS Services Funding..............$ 11,350
Agency Funds.............................. $ 10,770,258
State Funds Budgeted........................$ 14,950,829
Total Positions Budgeted 215
Authorized Motor Vehicles 4
Public Health - Family Health Functional Budgets
Total Funds State Funds Pos.
Family Health
Management $ 6,245,574 $ 575,439 21
GEORGIA LAWS 1983 SESSION
1669
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
Undistributed
$ 2,741,123 $
$ 4,788,802 $
$ 359,040 $
$ 252,475 $
$ 220,524 $
$ 4,592,856 $
$ 279,035 $
$ 1,711,940 $
$ 635,120 $
$ 549,700 $
$ 157,998 $
$ 955,210 $
$ 992,427 $
$ 129,857 $
$ 1,120,756 $
$ -0- $
$ 25,732,437 $
2,741,123 6
2,699,850 54
-0- 10
-0- 6
220,524 6
4,478,925 13
223,735 3
1,711,940 21
-0- 7
-0- 13
157,998 5
57,902 14
832,780 10
129,857 3
1,120,756 23
-0- 0
14,950,829 215
Total
1670
GENERAL ACTS AND RESOLUTIONS, VOL. I
6. Public Health - Community
Health Budget:
Personal Services.........................$ 3,225,682
Regular Operating Expenses.............. $ 478,520
Travel.......;.............................$ 48,900
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 63,350
Equipment Purchases..................... $ 61,701
Computer Charges..........................$ 20,000
Real Estate Rentals..................... $ -0-
Telecommunications................... .$ 5,750
Per Diem, Fees and Contracts..............$ 834,547
Utilities............................... $ -0-
Postage..........;..........;.............$ 13,300
Total Funds Budgeted......................$ 4,751,750
Indirect DOAS Services Funding............$ 4,000
Agency Funds..............................$ 774,272
State Funds Budgeted......................$ 3,973,478
Total Positions Budgeted 137
Authorized Motor Vehicles 1
Public Health - Community Health Functional Budgets
Total Funds State Funds Pos.
Occupational and
Radiological Health $ 805,573 $ 262,801 6
Laboratory Services $ 3,285,707 $ 3,110,707 119
Emergency Health $ 660,470 $ 599,970 12
Undistributed $ -0- $ -0- 0
Total $ 4,751,750 $ 3,973,478 137
7. Public Health - Local
Services Budget:
Personal Services..........................$
Regular Operating Expenses.................$
Travel.................................j...$
13,736,946
22,478,699
481,050
GEORGIA LAWS 1983 SESSION 1671
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 31,400
Equipment Purchases.......................$ 56,193
Computer Charges..........................$ -0-
Real Estate Rentals...;............... $ 173,370
Telecommunications...................... $ 184,650
Per Diem, Fees and Contracts..............$ 11,893,589
Utilities.................................$ 2,000
Postage...................................$ 32,150
Crippled Children Clinics.................$ 238,572
Contract - Macon-Bibb County
Hospital Authority.................... $ 4,500,000
Grant to Counties for
Metabolic Disorders
Screening and Treatment................$ 45,000
Family Planning Benefits..................$ 75,000
Midwifery Program Benefits................$ 175,000
Crippled Children Benefits................$ 1,407,200
Grants to Counties for Teenage
Pregnancy Prevention....................$ 250,000
Benefits for Medically Indigent
High Risk Pregnant Women
and Their Infants.......................$ 3,780,000
Grant-In-Aid to Counties..................$ 33,771,910
Total Funds Budgeted......................$ 93,312,729
Indirect DOAS Services Funding............$ 129,350
Agency Funds..............................$ 41,934,909
State Funds Budgeted....................'.$ 51,248,470
Total Positions Budgeted 540
Authorized Motor Vehicles 2
Public Health - Local Services Functional Budgets
Total Funds State Funds Pos.
Minimum Foundation $ 6,935,724 $ 6,774,518 191
Grant-In-Aid to Counties $ 33,869,581 $ 32,009,793 0
Stroke and Heart
Attack Prevention $ 1,312,734 $ 782,734 18
1672
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 $
Emergency Health $
Primary Health Care $
Malnutrition $
Undistributed $
Total $
6,057,050 $ 2,903,783 177
473,780 $ 473,780 15
1,079,850 $
4,318,455 $
301,507 $
1,163,333 $
250,000 $
2,542,896 $
1,327,973 $
7,487,717 $
26,192,129 $
-0- $
85,000 27
4,318,455
301,507
953,158
250,000
1,778,513
277,598
339,631
-0-
-0-
93,312,729 $ 51,248,470
19
11
17
0
36
9
10
10
0
540
8. Mental Health - Program
Direction and Support Budget:
Personal Services..........................$ 3,613,535
Regular Operating Expenses.................$ 120,880
Travel.....................................$ 111,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 47,036
Equipment Purchases........................$ 1,055
Computer Charges...........................$ 1,074,219
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 289,500
Per Diem, Fees and Contracts...............$ 173,300
Utilities..................................$ -0-
GEORGIA LAWS 1983 SESSION
1673
Postage..............................,........$ 950
Total Funds Budgeted..........................$ 5,431,975
Social Services Block Grant Funds...........$ 15,000
Indirect DOAS Services Funding................$ 1,000,197
Agency Funds..................................$ 510,540
State Funds Budgeted..........................$ 3,906,238
Total Positions Budgeted 115
Mental Health - Program Direction
and Support Functional Budgets
Administration
Special Projects
and Contracts
Program Coordination
Undistributed
Total
Total Funds State Funds Pos.
$ 3,127,115 $ 2,126,918 55
$
$
$
$
60,000 $
2,244,860 $
-0- $
5,431,975 $
-0-
1,779,320
-0-
3,906,328
2
58
0
115
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..............$ 490,000
Utilities.................................$ -0-
Postage................................. $ -0-
W.I.N. Benefits...........................$ 479,964
Grants to Fulton County for 24-
hour Emergency Social Services.........$ 182,400
Benefits for Child Care...................$ 14,835,003
1674
GENERAL ACTS AND RESOLUTIONS, VOL. I
Homemaker Meals.........................$ 117,837
Chatham County Homemaker Project........$ 539,795
Douglas County Homemaker Project........$ 140,362
Fulton County Homemaker Project.........$ 361,832
Total Funds Budgeted....................$ 17,147,193
Agency Funds............................$ 5,542,338
Social Services
Block Grant Funds......................$ 1,230,600
State Funds Budgeted....................$ 10,374,255
Total Positions Budgeted 0
Purchase of Social Services Functional Budgets
Work Incentive Benefits
Grants to Fulton County
for 24-hour Emergency
Social Services
Legal Services
AFDC - Family Foster
Care
AFDC - Institutional
Foster Care
Specialized Foster Care
Child Welfare -
Family Foster Care
Adoption Supplement
Non-AFDC Institutional
Foster Care
Liability Insurance
Emergency Shelter Care
Total Funds
$ 479,964
$ 182,400
$ 440,000
$ 3,819,197
$ 1,322,255
$ 54,638
$ 7,627,011
$ 544,663
$ 567,082
$ 16,000
$ 99,428
State Funds
$ 47,996
$ 182,400
$ 215,000
$ 1,279,947
$ 443,135
$ 54,638
$ 6,141,011
$ 544,663
$ 567,082
$ 16,000
$ 99,428
Pos.
0
0
0
0
0
0
0
0
0
0
0
GEORGIA LAWS 1983 SESSION
1675
Day Care $
Maternity Care $
Psychiatric, Psychological
and Speech Therapy $
Return of Runaways -
County
Homemaker Projects
Undistributed
Total
$
$
647,729 $
50,000 $
130,000 $
7,000 $
1,159,826 $
-0- $
17,147,193 $
223,529
50,000
130,000
7,000
372,426
-0-
10,374,255
0
0
0
0
0
0
10. Youth Services - Program
Direction and Support:
Personal Services...........................$ 822,963
Regular Operating Expenses................$ 19,600
Travel....................................$ 17,100
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,550
Equipment Purchases.......................$ 795
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 25,400
Per Diem, Fees and Contracts..............$ 3,500
Utilities.................................$ -0-
Postage...................................$ -0-
Benefits for Child Care...................$ -0-
Total Funds Budgeted......................$ 893,908
Indirect DOAS Services Funding............$ -0-
Agency Funds..............................$ -0-
State Funds Budgeted.................... $ 893,908
Total Positions Budgeted 27
Authorized Motor Vehicles 0
11. Services to the Aged Budget:
Personal Services...........................$ 1,027,387
Regular Operating Expenses................$ 28,850
Travel................................ $ 37,000
1676
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 14,000
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 3,100
Telecommunications.........................$ 29,900
Per Diem, Fees and Contracts...............$ 20,883,101
Utilities................................ $ -0-
Postage....................................$ 200
Total Funds Budgeted..........,............$ 22,023,538
Social Services
Block Grant Funds.......................$ 3,368,035
Agency Funds...............................$ 16,802,080
State Funds Budgeted.......................$ 1,853,423
Total Positions Budgeted 35
Authorized Motor Vehicles 224
Services to the Aged Functional Budgets
Total Funds State Funds Pos.
Title XX Adult Services $ 4,110,617 $
Administration and
Planning
"* "v
Title III Aging Services
Undistributed
Total
$ 2,496,517 $
$ 15,416,404 $
$ -0- $
$ 22,023,538 $
566,015
400,547
886,861
-0-
1,853,423
0
35
0
0
35
12. Rehabilitation Services -
Program Direction and
Support Budget:
Personal Services.........................$ 1,453,876
Regular Operating Expenses.............:..$ 82,678
Travel....................................$ 56,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 31,000
Equipment Purchases.......................$ 8,130
Computer Charges........................ $ 669,533
GEORGIA LAWS 1983 SESSION 1677
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 104,610
Per Diem, Fees and Contracts................$ 225,095
Utilities...................................$ -0-
Postage.....................................$ 2,400
E.S.R.P. Case Services......................$ 75,000
Grants for Nephrology Centers...............$ 220,500
Total Funds Budgeted........................$ 2,929,322
Indirect DO AS Services Funding.............$ -0-
Agency Funds................................$ 1,605,806
State Funds Budgeted........................$ 1,323,516
Total Positions Budgeted 46
Rehabilitation Services - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Program Direction and
Support $ 2,408,078 $ 914,078 43
Grants Management $ 521,244 $ 409,438 3
Undistributed $ -0- $ -0- 0
Total $ 2,929,322 $ 1,323,516 46
13. Rehabilitation Services -
Facilities Budget:
Personal Services...........................$ 3,614,329
Regular Operating Expenses..................$ 510,258
Travel......|..............................$ 21,700
Motor Vehicle Equipment Purchases...........$ 49,359
Publications and Printing...................$ 2,660
Equipment Purchases.........................$ 11,441
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 171,402
Telecommunications..........................$ 48,520
Per Diem, Fees and Contracts................$ 120,500
Utilities................................. $ 95,850
Postage................................... $ 6,000
Capital Outlay............................ $ -0-
Case Services...............................$ -0-
1678
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.........................$ 4,652,019
Indirect DOAS Services Funding...............$ -0-
Agency Funds.................................$ 3,701,662
State Funds Budgeted.........................$ 950,357
Total Positions Budgeted 156
Authorized Motor Vehicles 19
Rehabilitation Services - Facilities Functional Budgets
Total Funds State Funds Pos.
Youth Development
Center - V. R. Unit
Atlanta Rehabilitation
Center
Alto Rehabilitation
Center
Cave Spring
Rehabilitation Center
Central Rehabilitation
Center
Georgia Vocational
Adjustment Center -
Gracewood
J. F. Kennedy Center
M. S. McDonald
Evaluation Center
Undistributed
Total
$ 360,096 $ 77,136 13
1,962,614 $ 395,620 60
$ 271,878 $ 62,219 10
$ 414,454 $ 89,184 16
$ 656,527 $ 118,281 18
$ 338,218 $
$ 459,892 $
188,340 $
-0- $
$ 4,652,019 $
77,366
90,511
40,040
-0-
950,357
16
17
6
0
156
14. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services..........................$ 7,784,740
Regular Operating Expenses.................$ 1,740,220
Travel..............................I......$ 43,000
GEORGIA LAWS 1983 SESSION 1679
Motor Vehicle Equipment
Purchases................................$ 45,991
Publications and Printing..................$ 15,000
Equipment Purchases........................$ 131,943
Computer Charges...........................$ 45,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 152,000
Per Diem, Fees and Contracts...............$ 1,136,570
Utilities................................ $ 445,600
Postage....................................$ 13,000
Case Services.................................. 75,000
Capital Outlay............. ..............$ -0-
Operations.................................$ -0-
Total Funds Budgeted......................$ 11,628,064
Indirect DO AS Services Funding............$ 50,000
Agency Funds...............................$ 8,630,075
State Funds Budgeted..................-....$ 2,947,989
Total Positions Budgeted 397
Authorized Motor Vehicles 24
Roosevelt Warm Springs Rehabilitation Institute -
Functional Budgets
Administration
Rehabilitation Services
Instruction
Independent Living
Research/Training
Undistributed
Total
Total Funds State Funds Pos.
$ 4,196,177 $ 1,622,613 117
$ 6,243,070 $
$ 463,163 $
$ 608,407 $
$ 117,247 $
$ -0- $
$ 11,628,064 $
609,559 239
40,163 16
558,407
117,247
-0-
22
3
0
2,947,989 397
1680
GENERAL ACTS AND RESOLUTIONS, VOL. I
15. Georgia Factory for the
Blind Budget:
Personal Services...........................$ 3,413,202
Regular Operating Expenses.................$ 5,129,678
Travel................................. $ 16,500
Motor Vehicle Equipment Purchases..........$ 72,000
Publications and Printing..................$ 6,300
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 24,500
Per Diem, Fees and Contracts...............$ 44,500
Utilities................................ $ 100,000
Postage....................................$ 5,000
Capital Outlay...........................$ -0-
Total Funds Budgeted.......................$ 8,811,680
Agency Funds...................... .......$ 8,388,245
State Funds Budgeted..................... $ 423,435
Total Positions Budgeted 27
Authorized Motor Vehicles 14
Georgia Factory for the Blind Functional Budgets
Total Funds State Funds Pos.
Operations
Supervision
Undistributed
Total
$ 8,388,245
$ 423,435
$ -0-
$ 8,811,680
$ -0-
$ 423,435
$ -0-
$ 423,435
9
18
0
27
16. Rehabilitation Services Budget:
Personal Services.........................$ 15,635,996
Regular Operating Expenses................$ 360,443
Travel....................................$ 438,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 14,750
Equipment Purchases.......................$ 15,400
Computer Charges..........................$ 18,100
GEORGIA LAWS 1983 SESSION 1681
Real Estate Rentals..........................$ 638,766
Telecommunications...........................$ 401,000
Per Diem, Fees and Contracts.................$ 343,400
Utilities.................................. $ 60,000
Postage......................................$ 80,680
Contract with Vocational
Rehabilitation Community
Facilities..................;.............$ 3,830,000
Contract for Epilepsy........................$ 65,000
Case Services................................$ 9,075,000
Contract with the Affirmative
Industries............................... $ 108,000
Cerebral Palsy Contract......................$ 140,000
Total Funds Budgeted.........................$ 31,224,535
Indirect DOAS Services Funding...............$ 50,000
Agency Funds.................................$ 19,029,796
State Funds Budgeted....................... $ 12,144,739
Total Positions Budgeted 603
Authorized Motor Vehicles 5
Rehabilitation Services Functional Budgets
Field Services
Comprehensive Services $
Business Enterprise
Vending Stand Program $
Total Funds State Funds Pos.
$ 26,220,890 $ 7,625,838 583
Special Programs
Undistributed
Total
$
$
237,645 $
623,000 $
4,143,000 $
-0- $
237,645
138,256
4,143,000
-0-
$ 31,224,535 $ 12,144,739
15
0
0
603
17. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services...........................$
Regular Operating Expenses..................$
Travel......................................$
8,671,328
311,655
29,608
1682
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 49,817
Equipment Purchases........................$ 7,606
Computer Charges...........................$ 289,724
Real Estate Rentals........................$ 539,369
Telecommunications.........................$ 413,865
Per Diem, Fees and Contracts...............$ 570,680
Utilities.................................$ -0-
Postage....................................$ 203,000
Case Services..............................$ 9,028,500
Total Funds Budgeted.......................$ 20,115,152
Agency Funds...............................$ 20,115,152
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 408
18. Public Assistance Budget:
Personal Services........................ $ -0-
Regular Operating Expenses.................$ 2,093,700
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....................$ 36,200
AFDC Benefits..............................$ 200,474,779
Total Funds Budgeted.......................$ 202,604,679
Agency Funds...............................$ 136,697,479
State Funds Budgeted.......................$ 65,907,200
Total Positions Budgeted 0
Public Assistance Functional Budgets
Total Funds State Funds Pos.
$ 2,903,700 $ -0- 0
Refugee Benefits
AFDC Payments
$ 200,474,779 $ 65,871,000
0
GEORGIA LAWS 1983 SESSION
1683
SSI - Supplement
Benefits $ 36,200 $ 36,200 0
Undistributed $ -0- $ -0- 0
Total $ 202,604,679 $ 65,907,200 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..........................$ 60,731,686
Grants to Counties for
Social Services..........................$ 47,197,617
Total Funds Budgeted.......................$ 107,929,303
Agency Funds...............................$ 39,986,892
Social Services
Block Grant Funds........................$ 15,111,387
State Funds Budgeted.......................$ 52,831,024
Total Positions Budgeted 0
Local Services - Community Services
and Benefits Payments Functional Budgets
Total Funds State Funds Pos.
Local Services -
Benefits Payments
Grants $ 60,731,686 $ 30,295,843 0
Grants to Counties
for Social Services $ 47,197,617 $ 22,535,181 0
1684
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed $ -0- $ -0- 0
Total $ 107,929,303 $ 52,831,024 0
20. Family and Children Services -
Program Direction and Support
Budget:
Personal Services..........................$ 8,685,378
Regular Operating Expenses.................$ 328,560
Travel.....................................$ 327,904
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 929,300
Equipment Purchases........................$ 8,615
Computer Charges.......................... $ 7,150,128
Real Estate Rentals....................... $ 190,518
Telecommunications.........................$ 1,169,836
Per Diem, Fees and Contracts...............$ 3,185,050
Utilities.................................$ 5,500
Postage....................................$ 620,500
Total Funds Budgeted.......................$ 22,601,289
Agency Funds............................. $ 11,899,031
Indirect DOAS Services Funding.............$ 575,732
Social Services Block
Grant Funds............................. $ 1,572,117
State Funds Budgeted.......................$ 8,554,409
Total Positions Budgeted 313
Family and Children Services - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Directors Office $ 488,157 $ 488,157 7
Research and
Demonstration $ 22,400 $ 22,400 1
Program Planning
and Development $ 1,141,010 $ 1,141,010 16
GEORGIA LAWS 1983 SESSION
1685
Program Management
and Training $
Administration
and Management $
Management Information
Systems $
District Program
Operations $
District Administration $
Indirect Cost $
Undistributed $
Total $
1,669,134 $ 1,552,578 57
14,292,006 $ 5,669,522 81
1,228,909 $ 1,228,909 45
2,891,254 $ 2,891,254
868,419 $ 868,419
-0- $ (5,307,840)
-0- $
22,601,289 $
-0-
8,554,409
89
17
0
0
313
Budget Unit Object Classes:
Personal Services...........................$ 104,199,838
Regular Operating Expenses..................$ 52,111,980
Travel......................................$ 2,777,947
Motor Vehicle Equipment
Purchases.................................$ 167,350
Publications and Printing.................$ 1,663,273
Equipment Purchases.........................$ 347,643
Computer Charges............................$ 11,362,698
Real Estate Rentals.........................$ 5,375,311
Telecommunications..........................$ 3,829,611
Per Diem, Fees and Contracts................$ 81,998,403
Utilities................................. $ 879,850
Postage.....................................$ 1,590,205
Capital Outlay.......................... $ -0-
Grants for Regional Prenatal
and Postnatal Care Programs...............$ 3,879,000
Crippled Children Benefits................ $ 4,267,200
Crippled Children Clinics...................$ 554,572
Kidney Disease Benefits.....................$ 594,000
Cancer Control Benefits.....................$ 2,015,000
1686
GENERAL ACTS AND RESOLUTIONS, VOL. I
Benefits for Medically Indigent
High Risk Pregnant Women and
Their Infants............................$ 3,805,000
Family Planning Benefits...................$ 301,530
Benefits for Midwifery Program.............$ 175,000
Grant-In-Aid to Counties...................$ 33,771,910
Work Incentive Benefits....................$ 479,964
Grants to Fulton County
for 24-hour Emergency
Social Services..........................$ 182,400
Benefits for Child Care....................$ 15,526,203
Homemaker Meals............................$ 117,837
Chatham County
Homemaker Project........................$ 539,795
Douglas County
Homemaker Project........................$ 140,362
Fulton County Homemaker Project............$ 361,832
Grants for Nephrology Centers..............$ 220,500
Case Services.......|.......I.............$ 18,178,500
E.S.R.P. Case Services.....................$ 75,000
SSI-Supplement Benefits....................$ 36,200
AFDC Benefits..............................$ 200,474,779
Local Services Benefits
Payments Grants................,,.......$ 60,731,686
Grants to Counties for Social
Services.................................$ 47,197,617
Contract with Vocational
Rehabilitation Community
Facilities...............................$ 3,830,000
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program.......................$ 100,000
Contract with the
Affirmative Industries...................$ 108,000
Institutional Repairs
and Maintenance..........................$ -0-
Contract with Emory University
for Arthritis Research...................$ 205,000
Grant for Epilepsy Program.................$ 65,000
Grant to Grady Hospital for
Cystic Fibrosis Program..................$ 40,000
Contract for Scoliosis
Screening................................$ 115,000
Menninger Group Homes......................$ 366,000
GEORGIA LAWS 1983 SESSION
1687
Contract - Georgia
Advocacy Office, Inc.....................$ 215,000
Grant for Teenage Pregnancy
Prevention Program.......................$ 250,000
Contract - Cancer Research
at Emory.................................$ 113,000
Contract - Macon-Bibb County
Hospital Authority.......................$ 4,500,000
Cerebral Palsy Contract....................$ 140,000
Grants to Counties for
Metabolic Disorders
Screening and Testing....................$ 45,000
Contract with Auditory
Educational Clinic.......................$ 60,000
Total Positions Budgeted 4,205
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 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 $65,871,000 in
State funds for the purpose of making AFDC
benefit payments.
Provided that for Fiscal 1984, the following
maximum benefits and maximum standards of
need shall apply:
1688
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
$ 111
169
202
238
272
295
320
340
357
383
409
Provided further, that the Department of
Human Resources is authorized to calculate all
monthly benefit payments utilizing a factor of
55.12 % of the above standard of needs.
Provided, that of the above appropriation,
$140,000 is designated and committed to operate
the Rome Cerebral Palsy Center.
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.
GEORGIA LAWS 1983 SESSION
1689
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.
Provided that of the above appropriation relat-
ing to the Public Health - Family Health Activity,
$50,000 is designated and committed to purchase,
lease or otherwise acquire or reimburse for the
purchase or lease of equipment, or purchase or
reimburse for the purchase of drugs and medical
treatment of persons with Cystic Fibrosis over the
age of 21. Funds shall be expended for those
persons qualifying who are not otherwise covered
by any other private or publicly funded program
and are determined to need support from the
State.
Provided further, the Roosevelt Warm Springs
Institute for Rehabilitation is authorized to use
excess agency income for a repair and maintenance
program.
Provided, that of the above appropriation, the
Department of Human Resources is authorized to
1690
GENERAL ACTS AND RESOLUTIONS, VOL. I
allocate one additional nursing position to
Lumpkin County.
B. Budget Unit: State Health Planning
and Development....................$ 466,219
State Health Planning
and Development Budget:
Personal Services.........................$ 593,499
Regular Operating Expenses................$ 47,202
Travel.................................. $ 4,599
Publications and Printing.................$ 2,100
Equipment Purchases................... $ -0-
Computer Charges..........................$ 15,000
Real Estate Rentals.......................$ 80,200
Telecommunications........................$ 24,800
Per Diem, Fees and Contracts..............$ 69,939
Postage...................................$ 6,600
Total Funds Budgeted......................$ 843,939
Indirect DOAS Services Funding............$ -0-
Agency Funds..............................$ 377,720
State Funds Budgeted......................$ 466,219
Total Positions Budgeted 21
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services.........................$ 593,499
Regular Operating Expenses................$ 47,202
Travel....................................$ 4,599
Publications and Printing.................$ 2,100
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 15,000
Real Estate Rentals.......................$ 80,200
Telecommunications........................$ 24,800
Per Diem, Fees and Contracts..............$ 69,939
Postage...................................$ 6,600
Total Positions Budgeted 21
Authorized Motor Vehicles 0
C. Budget Unit: Community Mental Health/
Mental Retardation Youth
Services and
Institutions.................I.........$ 297,542,799
GEORGIA LAWS 1983 SESSION
1691
1. Georgia Regional Hospital at
Augusta Budget:
Personal Services.........................$ 9,419,517
Regular Operating Expenses................$ 1,111,510
Travel.....................................$ 9,000
Motor Vehicle
Equipment Purchases......................$ 25,159
Publications and Printing..................$ 4,200
Equipment Purchases........................$ 38,072
Computer Charges...........................$ 197,209
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 108,070
Per Diem, Fees and Contracts...............$ 253,065
Utilities..................................$ 365,682
Postage....................................$ 9,150
Authority Lease Rentals....................$ -0-
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 11,540,634
Agency Funds...............................$ 1,494,365
Indirect DOAS Services Funding.............$ 65,900
State Funds Budgeted.......................$ 9,980,369
Total Positions Budgeted 497
Authorized Motor Vehicles 25
2. Georgia Regional Hospital at
Atlanta Budget:
Personal Services..........................$ 12,001,807
Regular Operating Expenses.................$ 1,422,687
Travel.....................................$ 16,700
Motor Vehicle Equipment
Purchases.............................. $ 7,800
Publications and Printing..................$ 7,000
Equipment Purchases........................$ 31,700
Computer Charges...........................$ 143,544
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 141,026
Per Diem, Fees and Contracts...............$ 310,130
Utilities..................................$ 587,994
Postage....................................$ 13,000
Capital Outlay.............................$ -0-
Authority Lease Rentals....................$ -0-
Total Funds Budgeted.......................$ 14,683,388
Agency Funds...............................$ 2,382,236
Indirect DOAS Services Funding.............$ 102,100
1692
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted........................$ 12,199,052
Total Positions Budgeted 622
Authorized Motor Vehicles 25
3. Georgia Regional Hospital at
Savannah Budget:
Personal Services...........................$ 9,809,564
Regular Operating Expenses..................$ 899,030
Travel.............:.......................$ 12,000
Motor Vehicle
Equipment Purchases......................$ 20,055
Publications and Printing...................$ 2,300
Equipment Purchases...................|....$ 42,347
Computer Charges.......................... $ 138,617
Real Estate Rentals.........................$ -0-
Telecommunications......................... $ 117,433
Per Diem, Fees and Contracts................$ 143,720
Utilities...........v......................$ 444,860
Postage...............................I....$ 7,500
Authority Lease Rentals................... $ 500,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 12,137,426
Agency Funds................................$ 1,264,761
Indirect DOAS Services Funding..............$ 93,300
State Funds Budgeted........................$ 10,779,365
Total Positions Budgeted 510
Authorized Motor Vehicles 22
4. West Central Georgia Regional
Hospital Budget:
Personal Services...........................$ 8,067,438
Regular Operating Expenses..................$ 877,739
Travel..................................... $ 12,400
Motor Vehicle
Equipment Purchases............;........$ 47,740
Publications and Printing................. $ 5,120
Equipment Purchases.........I..............$ 38,776
Computer Charges.......................... $ 112,192
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 113,420
Per Diem, Fees and Contracts................$ 38,250
Utilities...................................$ 480,231
Postage.....................................$ 12,500
Authority Lease Rentals.....................$ 666,500
GEORGIA LAWS 1983 SESSION
1693
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 10,472,306
Agency Funds...............................$ 1,362,807
Indirect DOAS Services Funding.............$ 82,300
State Funds Budgeted.......................$ 9,027,199
Total Positions Budgeted 424
Authorized Motor Vehicles 27
5. Northwest Georgia Regional Hospital
at Rome Budget:
Personal Services..........................$ 12,237,506
Regular Operating Expenses.................$ 1,189,633
Travel.....................................$ 10,400
Motor Vehicle Equipment
Purchases............................ $ 16,920
Publications and Printing..................$ 800
Equipment Purchases........................$ 66,755
Computer Charges...........................$ 149,677
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 106,469
Per Diem, Fees and Contracts...............$ 41,600
Utilities.....................I............$ 1,266,388
Postage.................................. $ 9,125
Capital Outlay.............................$ -0-
Authority Lease Rentals....................$ 921,000
Total Funds Budgeted.......................$ 16,016,273
Agency Funds...............................$ 3,559,981
Indirect DOAS Services Funding.............$ 93,300
State Funds Budgeted.......................$ 12,362,992
Total Positions Budgeted 680
Authorized Motor Vehicles 45
6. Gracewood State School
and Hospital Budget:
Personal Services..........................$ 27,897,858
Regular Operating Expenses.................$ 2,726,659
Travel................................... $ 11,525
Motor Vehicle Equipment
Purchases.............................. $ 39,630
Publications and Printing................ $ 4,620
Equipment Purchases...................... $ 229,724
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 299,316
1694
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts................$ 149,000
Utilities................................. $ 1,859,698
Postage.....................................$ 10,000
Capital Outlay..............................$ 343,000
Total Funds Budgeted........................$ 33,571,030
Agency Funds................................$ 12,081,302
Indirect DOAS Services Funding..............$ 100,000
State Funds Budgeted........................$ 21,389,728
Total Positions Budgeted -
July 1, 1983 1,588
Total Positions Budgeted -
June 30, 1984 1,546
Authorized Motor Vehicles 112
7. Southwestern State Hospital Budget:
Personal Services...........................$ 19,597,304
Regular Operating Expenses..................$ 1,880,752
Travel.................................... $ 20,000
Motor Vehicle Equipment
Purchases.................................$ 30,855
Publications and Printing................. $ 4,000
Equipment Purchases.........................$ 283,819
Computer Charges............................$ 158,123
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 161,570
Per Diem, Fees and Contracts................$ 217,920
Utilities............................... $ 918,040
Postage.................................... $ 16,000
Capital Outlay............................ $ -0-
Total Funds Budgeted....................,...$ 23,288,383
Agency Funds................................$ 6,892,928
Indirect DOAS Services Funding..............$ 98,800
State Funds Budgeted........................$ 16,296,655
Total Positions Budgeted -
July 1, 1983 1,104
Total Positions Budgeted -
June 30, 1984 1,074
Authorized Motor Vehicles 53
8. Georgia Retardation Center Budget:
Personal Services...........................$ 16,370,205
Regular Operating Expenses..................$ 2,443,810
Travel......................................$ 11,700
GEORGIA LAWS 1983 SESSION
1695
Motor Vehicle Equipment
Purchases........................... $ 68,936
Publications and Printing..................$ 5,100
Equipment Purchases...................... $ 77,068
Computer Charges........................^..$ 166,943
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 220,744
Per Diem, Fees and Contracts...............$ 135,770
Utilities............................ ...$ 1,360,380
Postage................................ $ 12,750
Authority Lease Rentals....................$ 794,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 21,667,406
Agency Funds............................. $ 8,280,805
Indirect DOAS Services Funding.............$ 109,800
State Funds Budgeted.......................$ 13,276,801
Total Positions Budgeted -
July 1, 1983 890
Total Positions Budgeted -
June 30, 1984 871
Authorized Motor Vehicles 39
9. Georgia Mental Health
Institute Budget:
Personal Services................... .....$ 10,256,330
Regular Operating Expenses............... $ 1,115,829
Travel.....................................$ 12,400
Motor Vehicle Equipment
Purchases.......................... $ -0-
Publications and Printing..................$ 3,950
Equipment Purchases...................... $ 53,477
Computer Charges...........................$ 176,751
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 184,040
Per Diem, Fees and Contracts...............$ 619,715
Utilities.............................. $ 1,476,180
Postage....................................$ 12,000
Authority Lease Rentals....................$ -0-
Capital Outlay.............................$ -0-
Total Funds Budgeted..................... $ 13,910,672
Agency Funds...............................$ 1,494,184
Indirect DOAS Services Funding.............$ 202,100
1696
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted........................$ 12,214,388
Total Positions Budgeted 503
Authorized Motor Vehicles 20
10. Central State Hospital Budget:
Personal Services......................... $ 72,452,151
Regular Operating Expenses..................$ 9,520,161
Travel......................................$ 25,800
Motor Vehicle Equipment
Purchases................................$ 159,895
Publications and Printing...................$ 17,500
Equipment Purchases.........................$ 255,098
Computer Charges.......................... $ 664,798
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 494,233
Per Diem, Fees and Contracts................$ 226,800
Utilities...................................$ 5,527,147
Postage.....................................$ 42,500
Authority Lease Rentals.....................$ 794,125
Capital Outlay..............................$ 275,000
Total Funds Budgeted...................;...$ 90,455,208
Agency Funds................................$ 23,364,403
Indirect DOAS Services Funding..............$ 677,400
State Funds Budgeted........................$ 66,413,405
Total Positions Budgeted -
July 1, 1983 3,953
Total Positions Budgeted -
June 30, 1984 3,922
Authorized Motor Vehicles 215
Central State Hospital Functional Budgets
Total Funds State Funds Pos.
Mental Health/Mental
Retardation Services $ 78,211,228 $ 66,413,405 3686/
3655
GEORGIA LAWS 1983 SESSION
1697
Veterans Services $ 7,948,115 $ -0- 267
Department of Offender
Rehabilitation
Services $ 4,295,865 -0- 0
Total $ 90,455,208 $ 66,413,405 3953/
3922
11. State Youth Development
Centers Budget:
Personal Services...........................$ 13,138,576
Regular Operating Expenses..................$ 1,442,330
Travel......................................$ 7,500
Motor Vehicle Equipment
Purchases...................................$ 78,023
Publications and Printing...................$ 3,200
Equipment Purchases....................... $ 406,635
Computer Charges............................$ -0-
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 117,165
Per Diem, Fees and Contracts................$ 133,800
Utilities............................ .....$ 985,300
Postage...........................;............$ 19,500
Capital Outlay............................ $ 56,400
Total Funds Budgeted........................$ 16,388,429
Agency Funds............................ $ 334,500
State Funds Budgeted...................... $ 16,053,929
Total Positions Budgeted 723
Authorized Motor Vehicles 103
12. Regional Youth Development
Centers Budget:
Personal Services...........................$ 7,113,566
Regular Operating Expenses..................$ 891,025
Travel.....................v:L....:.,.i;...,...$ 11,000
Motor Vehicle
Equipment Purchases......................$ 26,295
Publications and Printing...................$ 3,000
Equipment Purchases.........................$ 40,047
Computer Charges.......................... $ -0-
Real Estate Rentals................ .....$ -0-
Telecommunications.....................'.ds....$ 65,000
Per Diem, Fees and Contracts................$ 78,900
1698
GENERAL ACTS AND RESOLUTIONS, VOL. I
Utilities.................................$ 575,000
Postage..........................................10,500
Capital Outlay.......................... $ 45,000
Grants to County-Owned
Detention Centers.......................$ 2,318,125
Total Funds Budgeted......................$ 11,177,458
Agency Funds..............................$ 249,305
State Funds Budgeted......................$ 10,928,153
Total Positions Budgeted 414
Authorized Motor Vehicles 41
13. Community Mental Health/
Mental Retardation
Services Budget:
Personal Services........................$ 9,085,665
Regular Operating Expenses................$ 533,612
Travel................................... $ 40,300
Motor Vehicle Equipment
Purchases...............................$ 11,500
Publications and Printing.................$ 3,200
Equipment Purchases.......................$ 1,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 73,075
Telecommunications........................$ 34,500
Per Diem, Fees and Contracts..............$ 388,332
Utilities.................................$ 22,600
Postage...................................$ 2,800
Capital Outlay............................$ -0-
Drug Abuse Contracts......................$ 929,794
Day Care Centers for the
Mentally Retarded.................;.....$ 50,785,749
MR Day Care Center Motor
Vehicle Purchases...................... $ 579,000
Supportive Living Staff...................$ 1,324,024
Supportive Living Benefits................$ 5,068,585
Georgia State Foster
Grandparent/Senior
Companion Program....................<..$ 514,212
Community Mental Health
Center Services.........................$ 61,773,696
Project Rescue............................$ 287,700
Project ARC...............................$ 177,299
Project Friendship........................$ 240,500
GEORGIA LAWS 1983 SESSION
1699
Group Homes for
Autistic Children........................$ 265,637
Uniform Alcoholism Projects................$ 2,548,539
Community Mental
Retardation Staff........................$ 2,914,398
Community Mental Retardation
Residential Services.....................$ 10,458,863
Total Funds Budgeted.......................$ 148,064,580
Social Services
Block Grant Funds........................$ 22,807,664
Agency Funds...............................$ 49,655,082
State Funds Budgeted.......................$ 75,601,834
Total Positions Budgeted 376
Authorized Motor Vehicles 803
Community Mental Health/Mental Retardation
Services Functional Budgets
Total Funds State Funds Pos.
Mental Health
Community Assistance $ 5,865,439 $ 5,808,539 218
Outdoor Therapeutic
Program
$ 1,028,363 $ 1,028,363 40
Mental Retardation
Community Assistance $ 1,619,126 $ 1,619,126 64
Central Pharmacy
Metro Drug Abuse
Centers
$ 127,093 $
127,093
$ 1,212,689 $ 569,599 45
Day Care Centers for the
Mentally Retarded $ 51,364,749
Supportive Living
23,832,641 0
$ 6,392,609 $ 3,211,609 0
Georgia State Foster
Grandparent/Senior
Companion Program $
514,212 $ 514,212 0
1700
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
$ 3,045,930 $ 2,115,143
$ 10,458,863 $ 7,112,415
$
$
$
265,637 $
287,700 $
929,794 $
177,299 $
240,500 $
$ 2,548,539 $
$ 212,342 $
$ -0- $
$ 148,064,580 $
265,637
124,700
203,444
177,299
240,500
$ 61,773,696 $ 26,400,175
2,251,339
-0-
-0-
75,601,834
0
0
0
0
0
0
0
6
0
376
14. Community Youth Services Budget:
Personal Services..........................$ 8,808,229
Regular Operating Expenses.................$ 1,192,187
Travel................................... $ 376,800
Motor Vehicle
Equipment Purchases......................$ 34,360
Publications and Printing..................$ 3,300
Equipment Purchases........................$ 20,198
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 270,300
Telecommunications.........................$ 237,005
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 38,350
Postage....................................$ 22,200
GEORGIA LAWS 1983 SESSION
1701
Child Care Benefits..........................$ 16,000
Total Funds Budgeted.........................$ 11,018,929
State Funds Budgeted.........................$ 11,018,929
Total Positions Budgeted 412
Authorized Motor Vehicles 19
Community Youth Services Functional Budgets
Group Homes
Community Detention
Day Centers
Community Treatment
Centers
Court Services
Runaway Investigations
Interstate Compact
Purchased Services
Undistributed
Total
Total Funds State Funds Pos.
$ 483,398 $ 483,398 19
$ - 1,111,029 $
$ 597,452 $
1,833,321 $
6,215,423 $
390,673 $
77,633 $
310,000 $
-0- $
11,018,929 $
1,111,029 17
597,452 24
1,833,321
6,215,423
390,673
77,633
310,000
-0-
11,018,929
77
257
15
3
0
0
412
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense.
Total Funds................
State Funds................
-0-
-0-
-0-
Budget Unit Object Classes:
Personal Services............................$ 236,255,716
Regular Operating Expenses...................$ 27,246,964
Travel.......................................$ 577,525
1702
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases............................. $ 567,168
Publications and Printing.................$ 67,290
Equipment Purchases.....1.................$ 1,584,716
Computer Charges..........................$ 1,907,854
Real Estate Rentals.......................$ 343,375
Telecommunications........................$ 2,399,991
Per Diem, Fees and Contracts..............$ 2,737,002
Utilities.................................$ 15,907,850
Postage...................................$ 199,525
Capital Outlay............................$ 719,400
Authority Lease Rentals...................$ 3,675,625
Grants to County-Owned '
Detention Centers.......................$ 2,318,125
Drug Abuse Contracts......................$ 929,794
Day Care Centers for the
Mentally Retarded.......................$ 50,785,749
MR Day Care Center Motor
Vehicle Purchases.......................$ 579,000
Supportive Living Staff...................$ 1,324,024
Supportive Living Benefits................$ 5,068,585
Georgia State Foster
Grandparent/Senior
Companion Program.......................$ 514,212
Community Mental Health
Center Services....................... $ 61,773,696
Project Rescue............................$ 287,700
Project ARC...............................$ 177,299
Project Friendship.........r..............$ 240,500
Group Homes for
Autistic Children.......................$ 265,637
Uniform Alcoholism Projects...............$ 2,548,539
Child Care Benefits.......................$ 16,000
Community Mental
Retardation Staff.......................$ 2,914,398
Community Mental Retardation
Residential Services....................$ 10,458,863
Total Positions Budgeted -
July 1, 1983 12,696
Total Positions Budgeted -
June 30, 1984 12,574
Authorized Motor Vehicles 1,549
GEORGIA LAWS 1983 SESSION
1703
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.
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.
1704
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Provided, that of the above appropriation
relating to Georgia Mental Health Institute,
$20,000 is designated and committed for the pur-
pose of a short-term training program in alcohol-
ism and drug abuse.
Provided, however, the Department is autho-
rized and directed to utilize $2,500,000bof available
surplus and reserves of the Georgia Building
Authority (Hospital) for major renovations and
construction at the Northwest Georgia Regional
Hospital, and the Georgia Building Authority
(Hospital) is authorized to make $2,500,000 of
surplus and reserves available for the aforemen-
tioned purposes. ,,
Provided, however, the Department is autho-
rized and directed to utilize $250,000 of available
surplus and reserves of the Georgia Building
Authority (Hospital) for planning and preliminary
work on the Boone Building renovations at Central
State Hospital, and the Georgia Building Author-
GEORGIA LAWS 1983 SESSION
1705
ity (Hospital) is authorized to make $250,000 of
surplus and reserves available for the aforemen-
tioned purposes.
Provided that of the above appropriation relat-
ing to Community Youth Services, $33,750 is des-
ignated and committed for the purpose of continu-
ing the work experience component of the
Ft. Yargo Group Home Program.
Section 27. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade.......................... $ 9,345,589
1. Industry Budget:
Personal Services.......................... $ 545,206
Regular Operating Expenses................. $ 11,000
Travel........................................$ 35,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing................. $ 5,400
Equipment Purchases.........................$ 150
Computer Charges.................i............$ 10,622
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ -0-
Per Diem, Fees and Contracts................$ 250
Total Funds Budgeted........................$ 607,628
State Funds Budgeted...................... $ 607,628
Total Positions Budgeted 17
2. Research Budget:
Personal Services...........................$ 353,982
Regular Operating Expenses..................$ 4,800
Travel......................................$ 2,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 47,556
Equipment Purchases.........................$ -0-
Computer Charges............................$ 4,170
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ -0-
Per Diem, Fees and Contracts................$ 20,900
Total Funds Budgeted.................... $ 433,408
1706
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 433,408
Total Positions Budgeted 14
3. Tourism - Promotional Budget:
Personal Services........................$ 665,361
Regular Operating Expenses................$ 73,900
Travel....................................$ 65,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 189,500
Equipment Purchases.......................$ 2,450
Computer Charges..........................$ 18,154
Real Estate Rentals.......................$ -0-
Telecommunications.......a...............$ -0-
Per Diem, Fees and Contracts..............$ 90,870
Historic Chattahoochee
Commission Contract.....................$ 40,000
Total Funds Budgeted......................$ 1,145,235
State Funds Budgeted.....................$ 1,145,235
Total Positions Budgeted 26
4. Tourist - Welcome Centers Budget:
Personal Services.........................$ 1,493,354
Regular Operating Expenses................$ 357,988
Travel....................................$ 31,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases......................$ 11,775
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 14,190
Per Diem, Fees and Contracts..............$ 4,000
Local Welcome Centers.....................$ 110,000
Total Funds Budgeted......................$ 2,024,307
State Funds Budgeted......................$ 1,934,307
Total Positions Budgeted 94
5. Internal Administration Budget:
Personal Services.........................$ 648,038
Regular Operating Expenses.............. $ 214,670
Travel.................................. $ 13,000
Motor Vehicle Equipment Purchases.........$ 12,000
Publications and Printing............... $ 35,000
Equipment Purchases..............^.......$ 500
Computer Charges..........................$ 3,000
GEORGIA LAWS 1983 SESSION
1707
Real Estate Rentals........................$ 246,469
Telecommunications.........................$ 119,070
Per Diem, Fees and Contracts...............$ 17,000
Postage................a..................$ 147,000
Georgia Ports Authority -
Authority Lease Rentals..................$ 2,735,000
Georgia Ports Authority -
General Obligation Bond
Payments.................................$ 3,137,946
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.......................$ 500,000
International Council of
Georgia, Inc.............................$ -0-
Total Funds Budgeted.......................$ 7,888,693
State Funds Budgeted.......................$ 3,661,563
Total Positions Budgeted 24
6. International Budget:
Personal Services........................ $ 515,798
Regular Operating Expenses.................$ 42,500
Travel.....................................$ 72,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 10,000
Equipment Purchases........................$ 1,400
Computer Charges....&......................$ 20,500
Real Estate Rentals........................$ 49,000
Telecommunications.........................$ 20,500
Per Diem, Fees and Contracts...............$ 88,250
Total Funds Budgeted.......................$ 820,448
State Funds Budgeted.......................$ 820,448
Total Positions Budgeted 15
7. Advertising Budget:
Advertising................................$ 743,000
Total Funds Budgeted.......................$ 743,000
State Funds Budgeted.......................$ 743,000
Total Positions Budgeted 0
1708
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.........................$ 4,221,739
Regular Operating Expenses................$ 704,858
Travel..................#.................$ 218,500
Motor Vehicle Equipment Purchases.........$ 12,000
Publications and Printing.................$ 289,456
Equipment Purchases.......................$ 16,275
Computer Charges..........................$ 56,446
Real Estate Rentals.......................$ 295,469
Telecommunications........................$ 153,760
Per Diem, Fees and Contracts..............$ 221,270
Postage...................................$ 147,000
Local Welcome Center Contracts............$ 110,000
Advertising...............................$ 743,000
Georgia Ports Authority -
Authority Lease Rentals.................$ 2,735,000
Georgia Ports Authority -
General Obligation Bond
Payments................................$ 3,137,946
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......................$ 500,000
International Council of
Georgia, Inc..............v.............$ -0-
Total Positions Budgeted 190
Authorized Motor Vehicles 21
B. Budget Unit: Authorities...................$ -0-
1. Georgia World Congress Budget:
Personal Services.........................$ 3,569,440
Regular Operating Expenses................$ 1,382,178
Travel................................... $ 36,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing................ $ 24,000
Equipment Purchases................... $ 40,000
Computer Charges..........................$ 600
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 68,160
Per Diem, Fees and Contracts..............$ 156,852
GEORGIA LAWS 1983 SESSION
1709
Atlanta Convention and
Visitors Bureau........................$ 819,588
Total Funds Budgeted.....................$ 6,096,818
State Funds Budgeted...a.................$ -0-
Total Positions Budgeted 147
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
Equipment Purchases......................$ 3,119,000
Real Estate Rentals......................$ 99,403
Telecommunications.......................$ 302,960
Repayments for Previous
Capital Improvement Funding............$ 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.............................$ 4,742,770
Capital Reinvestment.....................$ -0-
Total Funds Budgeted.....................$ 45,556,870
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 780
Budget Unit Object Classes:
Personal Services........................$ 27,522,496
Regular Operating Expenses...............$ 9,252,406
Travel...................................$ 471,207
Motor Vehicle Equipment
Purchases..............................$ 472,080
Publications and Printing................$ 132,108
Equipment Purchases......................$ 3,159,000
Computer Charges.........................$ 457,742
Real Estate Rentals......................$ 99,403
Telecommunications.......................$ 371,120
Per Diem, Fees and Contracts.............$ 1,368,434
Repayments for Previous
Capital Improvement Funding............$ 2,089,184
Other Debt-Service Payments............ $ 696,150
1710
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Internal
Operations...............................$ 4,742,770
Atlanta Convention and
Visitors Bureau..........................$ 819,588
Total Positions Budgeted 927
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 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..........$ 805,680
Inspection Division Budget:
Personal Services........................$ 683,019
Regular Operating Expenses^..............$ 13,259
Travel...................................$ 87,751
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 5,000
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 8,351
Telecommunications.........w.............$ 8,100
Per Diem, Fees and Contracts.............$ 200
Total Funds Budgeted.....................$ 805,680
State Funds Budgeted.....................$ 805,680
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services........................$ 683,019
Regular Operating Expenses...............$ 13,259
GEORGIA LAWS 1983 SESSION
1711
Travel....................................$ 87,751
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 5,000
Equipment Purchases____..................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 8,351
Telecommunications...................... ,$ 8,100
Per Diem, Fees and Contracts..............$ 200
Total Positions Budgeted 28
B. Budget Unit: Basic Employment, Work
Incentive, Correctional
Services and Comprehensive
Employment and Training......................$ 3,368,155
1. Basic Employment Security
and W.I.N. Budget:
Personal Services.........................$ 40,365,040
Regular Operating Expenses................$ 3,648,918
Travel...................a................$ 1,025,000
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing.................$ 10,200
Equipment Purchases.......................$ 990,000
Computer Charges........................ $ 15,000
Real Estate Rentals.......................$ 1,465,096
Telecommunications........................$ 1,010,000
Per Diem, Fees and Contracts..............$ 975,000
W.I.N. Grants.............................$ 226,782
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 49,731,036
State Funds Budgeted......................$ 1,360,202
Total Positions Budgeted 1,601
2. Comprehensive Employment
and Training Act (CETA) Budget:
Personal Services.........................$ 10,611,379
Regular Operating Expenses................$ 1,294,973
Travel.................................. .$ 203,000
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing.................$ 6,000
Equipment Purchases.......................$ 19,000
Computer Charges..........................$ 5,000
1712
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals........................$ 362,000
Telecommunications.........................$ 364,000
Per Diem, Fees and
Contracts (CETA).......v.................$ 12,000
CETA Direct Benefits.......................$ 37,469,000
Total Funds Budgeted.......................$ 50,346,352
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 422
3. Correctional Services Budget:
Personal Services.........................$ 1,830,307
Regular Operating Expenses.................$ 47,851
Travel..................&.................$ 20,245
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 250
Equipment Purchases........................$ 300
Computer Charges...........................$ 1,000
Real Estate Rentals.................... $ 63,000
Telecommunications.........................$ 35,000
Per Diem, Fees and Contracts...............$ 10,000
Total Funds Budgeted......................$ 2,007,953
State Funds Budgeted..................... $ 2,007,953
Total Positions Budgeted 74
Budget Unit Object Classes:
Personal Services...................... $ 52,806,726
Regular Operating Expenses.................$ 4,991,742
Travel.....................................$ 1,248,245
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing................ $ 16,450
Equipment Purchases...................... $ 1,009,300
Computer Charges...........................$ 21,000
Real Estate Rentals........................$ 1,890,096
Telecommunications....................... $ 1,409,000
Per Diem, Fees and
Contracts (CETA).........................$ 12,000
Per Diem, Fees and Contracts...............$ 985,000
W.I.N. Grants..............................$ 226,782
CETA Direct Benefits.......................$ 37,469,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 2,097
Authorized Motor Vehicles 6
GEORGIA LAWS 1983 SESSION
1713
Section 29. Department of Law.
Budget Unit: Department of Law.................$ 4,702,091
Attorney Generals Office Budget:
Personal Services..........................$ 4,085,595
Regular Operating Expenses.................$ 235,664
Travel.....................................$ 110,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 30,150
Equipment Purchases........................$ 2,590
Computer Charges...........................$ 32,050
Books for State Library....................$ 55,000
Real Estate Rentals........................$ 311,807
Telecommunications....................... $ 102,735
Per Diem, Fees and Contracts............. $ 36,500
Capital Outlay........................... $ -0-
Total Funds Budgeted..................... $ 5,002,091
State Funds Budgeted..................... $ 4,702,091
Total Positions Budgeted 116
Budget Unit Object Classes:
Personal Services...................... $ 4,085,595
Regular Operating Expenses.................$ 235,664
Travel....,................................$ 110,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 30,150
Equipment Purchases........................$ 2,590
Computer Charges...........................$ 32,050
Real Estate Rentals........................$ 311,807
Telecommunications.^.......................$ 102,735
Per Diem, Fees and Contracts...............$ 36,500
Books for State Library....................$ 55,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 116
Authorized Motor Vehicles 1
Provided, however, that of the above appropri-
ation relative to regular operating expenses,
$38,000 is designated and committed for Court
Reporter Fees.
1714
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 30. Department of
Medical Assistance.
Budget Unit: Medicaid Services................$ 218,946,663
1. Commissioners Office Budget:
Personal Services.........................$ 1,703,752
Regular Operating Expenses................$ 43,745
Travel....................................$ 51,360
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,200
Equipment Purchases.......................$ -0-
Real Estate Rentals.......................$ 224,505
Telecommunications........................$ 58,425
Per Diem, Fees and Contracts..............$ 43,900
Total Funds Budgeted......................$ 2,129,887
State Funds Budgeted......................$ 1,011,236
Total Positions Budgeted 68
2. Administration Budget:
Personal Services....................... $ 1,098,793
Regular Operating Expenses................$ 51,635
Travel................................ $ 13,285
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 13,385
Equipment Purchases.......................$ 8,000
Computer Charges..........................$ 118,200
Real Estate Rentals.......................$ 249,555
Telecommunications........................$ 24,670
Per Diem, Fees and Contracts..............$ 30,000
Postage...................................$ 163,765
Audits Contracts..........................$ 568,000
Total Funds Budgeted......................$ 2,339,288
State Funds Budgeted......................$ 924,662
Total Positions Budgeted 43
3. Program Management Budget:
Personal Services.........................$ 1,521,046
Regular Operating Expenses................$ 51,830
Travel....................................$ 21,250
Publications and Printing.................$ 33,775
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 256,292
Telecommunications........................$ 58,385
GEORGIA LAWS 1983 SESSION 1715
Per Diem, Fees and Contracts................$ 9,287,320
Total Funds Budgeted........................$ 11,229,898
State Funds Budgeted........................$ 1,373,314
Total Positions Budgeted 61
4. Operations Budget:
Personal Services...........................$ 2,129,740
Regular Operating Expenses..................$ 165,080
Travel......................................$ 2,200
Publications and Printing...................$ 144,000
Equipment Purchases.........................$ -0-
Computer Charges............................$ 7,356,400
Real Estate Rentals.........................$ 256,290
Telecommunications..........................$ 94,115
Per Diem, Fees and Contracts................$ 76,000
Postage................................ $ 712,355
Total Funds Budgeted........................$ 10,936,180
Indirect DO AS Services Funding.............$ 1,400,000
Agency Funds................................$ 8,084,343
State Funds Budgeted..;.....................$ 1,451,837
Total Positions Budgeted 109
5. Benefits Payments Budget:
Medicaid Benefits...........................$ 662,619,712
Payments to Counties
for Mental Health............................10,845,445
Total Funds Budgeted........................$ 673,465,157
State Funds Budgeted........................$ 214,185,614
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services...........................$ 6,453,331
Regular Operating Expenses................ $ 312,290
Travel......................................$ 88,095
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 195,360
Equipment Purchases.........................$ 8,000
Computer Charges............................$ 7,474,600
Real Estate Rentals.........................$ 986,642
Telecommunications......................... $ 235,595
Per Diem, Fees and Contracts................$ 9,437,220
Postage................................... $ 876,120
Medicaid Benefits...........................$ 662,619,712
1716
GENERAL ACTS AND RESOLUTIONS, VOL. I
Payments to Counties for
Mental Health...........................$ 10,845,445
Audits Contracts...........................$ 568,000
Total Positions Budgeted 281
Authorized Motor Vehicles 3
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................$ 5,123,731
1. Applicant Services Budget:
Personal Services....................... $ 924,368
Regular Operating Expenses................$ 17,525
Travel....................................$ 12,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 54,300
Equipment Purchases.......................$ 2,405
Computer Charges..................346,893
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 18,900
Per Diem, Fees and Contracts..............$ 5,600
Postage...................................$ 90,300
Total Funds Budgeted........................$ 1,472,291
Agency Assessments........................$ 1,472,291
Total Positions Budgeted 39
2. Classification and Compensation
Budget:
Personal Services.........................$ 508,278
Regular Operating Expenses.:..............$ 6,870
Travel....................................$ 1,265
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 5,900
Equipment Purchases..................... $ 320
Computer Charges..........................$ 137,178
Real Estate Rentals................... $ -0-
GEORGIA LAWS 1983 SESSION
1717
Telecommunications........................$ 5,862
Per Diem, Fees and Contracts..............$ 1,000
Postage...................................$ 3,000
Total Funds Budgeted......................$ 669,673
Agency Assessments........................$ 669,673
Total Positions Budgeted 19
3. Program Evaluation and Audit Budget:
Personal Services.........................$ 320,528
Regular Operating Expenses................$ 9,070
Travel................................ $ 1,025
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 950
Equipment Purchases.......................$ 1,000
Computer Charges........................,.$ 178,332
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 5,199
Per Diem, Fees and Contracts..............$ -0-
Postage...................................$ 1,100
Total Funds Budgeted......................$ 517,204
Agency Assessments........................$ 517,204
Total Positions Budgeted 13
4. Employee Training and
Development Budget:
Personal Services....................... $ 567,770
Regular Operating Expenses.............. $ 28,800
Travel....................................$ 20,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 20,000
Equipment Purchases..................... $ 2,350
Computer Charges..........................$ 13,718
Real Estate Rentals.......................$ -0-
Telecommunications.................. ....$ 9,150
Per Diem, Fees and Contracts..............$ 177,000
Postage...................................$ 4,400
Total Funds Budgeted......................$ 843,788
Agency Assessments........................$ 843,788
Total Positions Budgeted 23
5. Health Insurance
Administration Budget:
Personal Services................... $ 560,228
Regular Operating Expenses................$ 10,700
1718
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel....................................$ 7,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 43,000
Equipment Purchases................... $ 7,440
Computer Charges..........................$ 321,029
Real Estate Rentals.................... $ 57,985
Telecommunications........................$ 48,040
Per Diem, Fees and Contracts..............$ 4,166,270
Postage...................................$ 27,460
Total Funds Budgeted......................$ 5,249,652
Other Health Insurance
Agency Funds.......................... $ -0-
Employer and Employee
Contributions...........................$ 5,249,652
Total Positions Budgeted 26
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..............$ 8,207,788
Postage................................. $ -0-
Health Insurance Claims................. $ 166,471,000
Total Funds Budgeted......................$ 174,678,788
Other Health Insurance
Agency Funds.......................... $ -0-
Employer and Employee
Contributions....................$.....$ 174,678,788
Total Positions Budgeted 0
7. Internal Administration Budget:
Personal Services.................... ...$ 724,859
Regular Operating Expenses................$ 19,440
Travel.................................. $ 3,300
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 8,000
Equipment Purchases..................... $ 14,090
GEORGIA LAWS 1983 SESSION
1719
Computer Charges..........................$ 66,726
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 14,440
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 6,100
Federal Sub-grants to
State and Local Agencies................$ -0-
Total Funds Budgeted.......................$ 856,955
Agency Assessments.........................$ 667,945
Employer and Employee Contributions.......$ 157,100
Deferred Compensation......................$ 31,910
Total Positions Budgeted 33
8. Commissioners Office Budget:
Personal Services..........................$ 316,441
Regular Operating Expenses.................$ 16,882
Travel.....................................$ 9,200
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 15,000
Equipment Purchases........................$ 3,760
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 515,160
Telecommunications.........................$ 4,887
Per Diem, Fees and Contracts...............$ 68,000
Postage....................................$ 3,500
Total Funds Budgeted.......................$ 952,830
Agency Assessments.........................$ 952,830
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services..........................$ 3,922,472
Regular Operating Expenses.................$ 109,287
Travel....................................$ 54,890
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 147,150
Equipment Purchases........................$ 31,365
Computer Charges...........................$ 1,063,876
Real Estate Rentals........................$ 573,145
Telecommunications.........................$ 106,478
Per Diem, Fees and Contracts...............$ 12,625,658
Postage ...................................$ 135,860
1720
GENERAL ACTS AND RESOLUTIONS, VOL. I
Federal Sub-grants to
State and Local Agencies.............,.....$ -0-
Health Insurance Claim Payments.............$ 166,471,000
Total Positions Budgeted 161
Authorized Motor Vehicles 0
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...................... $ 49,327,427
1. Internal Administration Budget:
Personal Services.........................$ 2,167,077
Regular Operating Expenses................$ 187,936
Travel....................................$ 18,000
Motor Vehicle Equipment Purchases.........$ 8,000
Publications and Printing.................$ 192,290
Equipment Purchases.......................$ 500
Computer Charges..........................$ 162,164
Real Estate Rentals.......................$ 167,212
Telecommunications........................$ 69,529
Per Diem, Fees and Contracts..............$ 84,200
Postage...................................$ 89,586
Payments to Lake Lanier Islands
Development Authority...................$ 510,000
Payments to Jekyll Island St.
Park Authority..........................$ -0-
Capital Outlay - Heritage Trust...........$ 75,000
Total Funds Budgeted.................... $ 3,731,494
Receipts from Jekyll Island
State Park Authority....................$ 50,000
State Funds Budgeted......................$ 3,656,494
Total Positions Budgeted g 81
GEORGIA LAWS 1983 SESSION
1721
2. Game and Fish Budget:
Personal Services.........................$ 12,664,974
Regular Operating Expenses................$ 3,250,259
Travel....................................$ 67,000
Motor Vehicle Equipment
Purchases...............................$ 830,750
Publications and Printing.................$ 74,000
Equipment Purchases.......................$ 483,186
Computer Charges..........................$ 44,219
Real Estate Rentals.......................$ 45,438
Telecommunications........................$ 221,506
Per Diem, Fees and Contracts..............$ 77,500
Postage...................................$ 62,466
Capital Outlay -
Consolidated Maintenance................$ 344,375
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition...................$ 350,000
Total Funds Budgeted......................$ 18,515,673
Indirect DOAS Services Funding............$ 100,000
State Funds Budgeted......................$ 15,004,184
Total Positions Budgeted 477
3. Parks, Recreation and
Historic Sites Budget:
Personal Services.........................$ 8,917,690
Regular Operating Expenses................$ 3,705,137
Travel....................................$ 75,000
Motor Vehicle Equipment
Purchases............................. $ 224,000
Publications and Printing.................$ 95,000
Equipment Purchases.......................$ 235,000
Computer Charges..........................$ 15,000
Real Estate Rentals.......................$ 132,601
Telecommunications...................... $ 236,456
Per Diem, Fees and Contracts..............$ 68,400
Postage...................................$ 57,600
Capital Outlay.................1..........$ -0-
Capital Outlay - Repairs
and Maintenance....................... $ 1,494,800
Capital Outlay - Shop Stock...............$ 300,000
Cost of Material for Resale...............$ 1,025,000
Authority Lease Rentals................. $ 2,033,000
1722
GENERAL ACTS AND RESOLUTIONS, VOL. I
Land and Water Conservation
Grants..................................$ 1,400,000
Recreation Grants..........................$ 215,000
Contract - Special Olympics, Inc...........$ 186,000
Georgia Sports Hall of Fame................$ 50,000
Capital Outlay User Fee
Enhancements............................$ 1,314,000
Technical Assistance Contract..............$ 100,000
Total Funds Budgeted.......................$ 21,879,684
Indirect DO AS Services Funding............$ 100,000
State Funds Budgeted.......................$ 12,792,751
Total Positions Budgeted 373
4. Environmental Protection Budget:
Personal Services..........................$ 9,471,542
Regular Operating Expenses.................$ 679,361
Travel.....................................$ 235,400
Motor Vehicle Equipment
Purchases...............................$ 25,200
Publications and Printing..................$ 84,300
Equipment Purchases........................$ 46,046
Computer Charges...........................$ 133,080
Real Estate Rentals.........../............$ 512,513
Telecommunications.........................$ 175,592
Per Diem, Fees and Contracts...............$ 747,500
Postage....................................$ 96,112
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
Contract - Georgia Rural
Water Association.......................$ 10,000
Total Funds Budgeted.......................$ 20,092,083
State Funds Budgeted.......................$ 16,893,783
Total Positions Budgeted 311
5. Coastal Resources Budget:
Personal Services..........................$ 714,670
Regular Operating Expenses.................$ 187,069
Travel.....................................$ 11,000
Motor Vehicle Equipment Purchases..........$ 16,100
GEORGIA LAWS 1983 SESSION
1723
Publications and Printing..................$ 18,690
Equipment Purchases........................$ 21,947
Computer Charges...........................$ 15,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 18,600
Per Diem, Fees and Contracts...............$ 7,500
Postage....................................$ 9,639
Capital Outlay.............................$ -0-
Capital Outlay Repairs
and Maintenance..........................$ -0-
Capital Outlay - Buoy Maintenance..........$ 20,000
Total Funds Budgeted.......................$ 1,040,215
State Funds Budgeted.......................$ 980,215
Total Positions Budgeted 25
. -
Budget Unit Object Classes:
Personal Services..........................$ 33,935,953
Regular Operating Expenses.................$ 8,009,762
Travel.....................................$ 406,400
Motor Vehicle Equipment
Purchases................................$ 1,104,050
Publications and Printing..................$ 464,280
Equipment Purchases........................$ 786,679
Computer Charges......................... $ 369,463
Real Estate Rentals........................$ 857,764
Telecommunications.........................$ 721,683
Per Diem, Fees and Contracts...............$ 985,100
Postage....................................$ 315,403
Land and Water Conservation
Grants..................................$ 1,400,000
Recreation Grants..........................$ 215,000
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............................. $ -0-
Capital Outlay............................ $ -0-
Capital Outlay - Repairs
and Maintenance..................:......$ 1,494,800
Capital Outlay - Shop Stock.............. $ 300,000
1724
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Heritage Trust...........$ 75,000
Authority Lease Rentals...................$ 2,033,000
Cost of Material for Resale...............$ 1,025,000
Payments to Lake Lanier Islands
Development Authority...................$ 510,000
Payments to Jekyll Island
State Park Authority....................$ -0-
Contract - Special Olympics,
Inc.......................|.............$ 186,000
Georgia Sports Hall of Fame...............$ 50,000
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition................. $ 350,000
Capital Outlay - User Fee
Enhancements............................$ 1,314,000
Capital Outlay - Buoy
Maintenance.............................$ 20,000
Capital Outlay -
Consolidated Maintenance................$ 344,375
Technical Assistance Contract.............$ 100,000
Contract - Georgia Rural
Water Association.......................$ 10,000
Total Positions Budgeted 1,267
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
$5,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
GEORGIA LAWS 1983 SESSION
1725
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
B. Budget Unit: Authorities...................$ -0-
1. Lake Lanier Islands Development
Authority Budget:
Personal Services.........................$ 1,580,458
Regular Operating Expenses................$ 653,875
Travel....................................$ 5,500
Motor Vehicle Equipment Purchases.........$ 30,250
Publications and Printing.................$ 39,000
Equipment Purchases.......................$ 76,900
Computer Charges........................ $ -0-
Real Estate Rentals..................... $ -0-
Telecommunications.................... $ 42,100
Per Diem, Fees and Contracts..............$ 25,500
Capital Outlay.......................... $ -0-
Campground Sinking Fund...................$ -0-
Promotion Expenses........................$ -0-
Total Funds Budgeted......................$ 2,453,583
State Funds Budgeted......................$ -0-
Total Positions Budgeted 64
2. Jekyll Island State Park
Authority Budget:
Personal Services....................... $ 2,583,489
Regular Operating Expenses................$ 1,699,322
Travel.................................. $ 24,000
Motor Vehicle Equipment Purchases.........$ 58,500
Publications and Printing.................$ 16,500
Equipment Purchases.......................$ 75,450
Computer Charges..........................$ 19,000
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 39,500
Per Diem, Fees and Contracts..............$ 98,480
Mortgage Payments.........................$ -0-
Capital Outlay.......................... $ -0-
1726
GENERAL ACTS AND RESOLUTIONS, VOL. I
Promotion Expenses.......................$ -0-
Payments to the Department
of Natural Resources...................$ 50,000
Total Funds Budgeted.....................$ 4,664,241
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 165
Budget Unit Object Classes:
Personal Services........................$ 4,163,947
Regular Operating Expenses...............$ 2,353,197
Travel...................................$ 29,500
Motor Vehicle Equipment Purchases........$ 88,750
Publications and Printing................$ 55,500
Equipment...............................$ 152,350
Computer Charges....................... $ 19,000
Real Estate Rentals.................. $ -0-
Telecommunications.......................$ 81,600
Per Diem, Fees and Contracts.............$ 123,980
Capital Outlay......................... $ -0-
Promotion Expense...................... $ -0-
Campground Sinking Fund..................$ -0-
Payments to the Department
of Natural Resources...................$ 50,000
Mortgage Payments..................... $ -0-
Total Positions Budgeted 229
Authorized Motor Vehicles 100
Section 33. Department of Offender
Rehabilitation.
A. Budget Unit: Departmental Operations.......$ 22,624,010
1. General Administration and
Support Budget:
Personal Services........................ $ 3,778,639
Regular Operating Expenses.................$ 287,471
Travel..........:.........................$ 57,030
Motor Vehicle Equipment Purchases........<.$ -0-
Publications and Printing..................$ 50,000
Equipment Purchases........................$ 3,800
Computer Charges...........................$ 619,598
Real Estate Rentals........................$ 904,193
Telecommunications.........................$ 200,000
Per Diem, Fees and Contracts...............$ 458,260
Utilities................................. $ -0-
GEORGIA LAWS 1983 SESSION
1727
Total Funds Budgeted.......................$ 6,358,991
Indirect DOAS Services Funding.............$ 450,000
State Funds Budgeted.......................$ 5,908,991
Total Positions Budgeted 151
2. Adult Facilities and Programs
Budget:
Personal Services..........................$ 3,677,384
Regular Operating Expenses.................$ 125,455
Travel................................ $ 149,800
Motor Vehicle Equipment
Purchases.............................. $ 66,400
Publications and Printing................ $ -0-
Equipment Purchases.................... $ 30,900
Computer Charges......................... $ -0-
Real Estate Rentals...................... $ 3,000
Per Diem, Fees and Contracts......:........$ 418,200
Telecommunications.........................$ 41,600
County Subsidy.............................$ 7,593,825
County Subsidy for Jails............... $ 912,500
Court Costs...............................$ 264,000
Central Repair Fund............... .....$ 984,000
Grants for County
Workcamp Construction....................$ 840,000
Grants for Local Jails.....................$ 400,000
Total Funds Budgeted.......................$ 15,507,064
State Funds Budgeted.......................$ 15,507,064
Total Positions Budgeted 150
3. Training and Staff Development
Center Budget:
Personal Services..........................$ 747,585
Regular Operating Expenses.................$ 191,370
Travel.....................................$ 137,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,000
Equipment Purchases........................$ 15,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 70,000
Telecommunications.........................$ 17,000
Per Diem, Fees and Contracts...............$ -0-
Utilities..........................;........$ 29,000
Total Funds Budgeted.......................$ 1,207,955
1728
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 1,207,955
Total Positions Budgeted 33
Budget Unit Object Classes:
Personal Services.........................$ 8,203,608
Regular Operating Expenses................$ 604,296
Travel....................................$ 343,830
Motor Vehicle Equipment Purchases.........$ 66,400
Publications and Printing.................$ 51,000
Equipment Purchases.......................$ 49,700
Computer Charges..........................$ 619,598
Real Estate Rentals.......................$ 977,193
Telecommunications........................$ 258,600
Per Diem, Fees and Contracts..............$ 876,460
Utilities.................................$ 29,000
County Subsidy............................$ 7,593,825
County Subsidy for Jails..................$ 912,500
Court Costs...............................$ 264,000
Central Repair Fund.......................$ 984,000
Grants for County
Workcamp Construction...................$ 840,000
Grants for Local Jails....................$ 400,000
Total Positions Budgeted 334
Authorized Motor Vehicles 70
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 grants for county workcamp construc-
tion, the State shall provide no more than fifty
percent of the total construction cost.
B. Budget Unit: Correctional Institutions,
Transitional Centers, and
Support........................... $ 119,006,936
1. Georgia Training and Development
Center Budget:
Personal Services...........................$ 1,386,798
Regular Operating Expenses..................$ 73,950
Travel......................................$ 800
GEORGIA LAWS 1983 SESSION
1729
Motor Vehicle Equipment Purchases.....................$ -0-
Publications and Printing......gftH|.................$ -0-
Equipment Purchases...................................$ 12,200
Computer Charges.................................... $ -0-
Real Estate Rentals................-0-
Telecommunications.................................. $ 23,000
Per Diem, Fees and Contracts.......-0-
Utilities......................................... $ 127,000
Total Funds Budgeted..................................$ 1,623,748
State Funds Budgeted................................ $ 1,623,748
Total Positions Budgeted 66
2. Georgia Industrial Institute
Budget:
Personal Services................................. $ 5,679,903
Regular Operating Expenses............................$ 273,100
Travel.............................................. $ 3,000
Motor Vehicle Equipment Purchases.............$ -0-
Publications and Printing .5is....v.:........i.......$ -0-
Equipment Purchases...................................$ 25,000
Computer Charges......................................$ -0-
Real Estate Rentals.......................................... 30
Telecommunications.................................. $ 48,600
Per Diem, Fees and Contracts..........................$ 2,400
Utilities.............................................$ 550,500
Total Funds Budgeted..................................$ 6,582,533
State Funds Budgeted..................................$ 6,582,533
Total Positions Budgeted 299
3. Alto Education and Evaluation
Center Budget:
Personal Services................................... $ 1,353,764
Regular Operating Expenses............................$ 54,175
Travel.............................................. $ 3,400
Motor Vehicle Equipment Purchases.....................$ -0-
Publications and Printing................;..$ -0-
Equipment Purchases............f............$ 17,340
Computer Charges......................................$ -0-
Real Estate Rentals...................................$ -0-
Telecommunications.................................. $ 4,490
Per Diem, Fees and Contracts..........................$ -0-
Utilities.............................................$ -0-
Total Funds Budgeted..................................$ 1,433,169
1730
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted..................... $ 1,190,596
Total Positions Budgeted 50
4. Georgia Diagnostic and
Classification Center Budget:
Personal Services.................... .....$ 5,928,002
Regular Operating Expenses.................$ 283,560
Travel.....................................$ 1,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 29,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 47,600
Per Diem, Fees and Contracts...............$ 3,300
Utilities..................................$ 634,000
Total Funds Budgeted.......................$ 6,926,962
State Funds Budgeted.......................$ 6,926,962
Total Positions Budgeted 321
5. Georgia State Prison Budget:
Personal Services..........................$ 13,189,943
Regular Operating Expenses.................$ 606,444
Travel................................. $ 12,250
Motor Vehicle Equipment
Purchases ...............................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 100,000
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications....................... $ 120,900
Per Diem, Fees and Contracts...............$ 7,800
Utilities..................................$ 1,444,000
Total Funds Budgeted.......................$ 15,481,337
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 15,456,337
Total Positions Budgeted 739
6. Consolidated Branches Budget:
Personal Services..........................$ 9,691,856
Regular Operating Expenses.................$ 455,235
Travel.....................................$ 10,415
GEORGIA LAWS 1983 SESSION
1731
Motor Vehicle
Equipment Purchases......................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 64,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 120,000
Per Diem, Fees and Contracts...............$ 15,360
Utilities................................. $ 1,090,000
Total Funds Budgeted.......................$ 11,446,866
State Funds Budgeted.......................$ 11,323,866
Total Positions Budgeted 515
7. Middle Georgia Correctional
Institution Budget:
Personal Services..........................$ 12,352,921
Regular Operating Expenses.................$ 503,710
Travel.................................. $ 4,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing................ $ -0-
Equipment Purchases........................$ 85,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 5,440
Telecommunications.........................$ 133,000
Per Diem, Fees and Contracts...............$ 4,800
Utilities..................................$ 334,000
Payments to Central State
Hospital for Utilities...................$ 726,500
Total Funds Budgeted.......................$ 14,149,371
State Funds Budgeted.......................$ 14,149,371
Total Positions Budgeted 680
8. Jack T. Rutledge Correctional
Institution Budget:
Personal Services..........................$ 2,946,489
Regular Operating Expenses.................$ 115,450
Travel.....................................$ 1,200
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases...............................3,200
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 14,100
1732
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts................$ -0-
Utilities.................................. $ 272,500
Total Funds Budgeted........................$ 3,352,939
State Funds Budgeted........................$ 3,352,939
Total Positions Budgeted 156
9. Central Correctional
Institution Budget:
Personal Services......................... $ 2,495,255
Regular Operating Expenses..................$ 94,600
Travel..................................... $ 1,575
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 4,500
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 19,900
Per Diem, Fees and Contracts................$ -0-
Utilities...................................$ 251,835
Total Funds Budgeted........................$ 2,867,665
State Funds Budgeted........................$ 2,867,665
Total Positions Budgeted 135
10. Metro Correctional
Institution Budget:
Personal Services......................... $ 3,293,039
Regular Operating Expenses..................$ 122,900
Travel......................................$ 2,300
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing................. $ -0-
Equipment Purchases....................... $ 3,075
Computer Charges..................1.........$ -0-
Real Estate Rentals.........................$ 9,100
Telecommunications..........................$ 41,000
Per Diem, Fees and Contracts................$ 10,000
Utilities................................ $ 324,100
Total Funds Budgeted........................$ 3,805,514
State Funds Budgeted...................... $ 3,805,514
Total Positions Budgeted 184
11. Coastal Correctional
Institution Budget:
Personal Services...........................$ 3,115,493
Regular Operating Expenses..................$ 125,160
GEORGIA LAWS 1983 SESSION
1733
Travel....................................$ 2,100
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 4,000
Computer Charges..........................$ -0-
Real Estate Rentals................... $ 6,000
Telecommunications........................$ 52,000
Per Diem, Fees and Contracts..............$ -0-
Utilities............................... $ 307,000
Total Funds Budgeted......................$ 3,611,753
State Funds Budgeted......................$ 3,556,753
Total Positions Budgeted 173
12. Central Funds Budget:
Personal Services....................... $ 2,153,304
Regular Operating Expenses................$ 3,967,683
Travel..........................^.........$ -0-
Motor Vehicle Equipment Purchases.........$ 365,000
Publications and Printing.................$ 69,100
Equipment Purchases.......................$ 296,375
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications...................... $ -0-
Per Diem, Fees and Contracts......*....,..$ -0-
Utilities.................................$ -0-
Authority Lease Rentals...................$ 440,000
Capital Outlay............................$ 350,000
Inmate Release Funds......................$ 595,000
Total Funds Budgeted......................$ 8,236,462
State Funds Budgeted......................$ 8,046,462
Total Positions Budgeted 0
13. D.O.T. Work Details Budget:
Personal Services.........................$ 471,479
Regular Operating Expenses................$ 14,200
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-
1734
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.......................$ 485,679
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 27
14. Food Processing and
Distribution Budget:
Personal Services..........................$ 3,142,640
Regular Operating Expenses.................$ 4,862,600
Travel................................... .$ 7,500
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 165,000
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 10,000
Per Diem, Fees and Contracts...............$ -0-
Utilities.......................... $ -0-
Capital Outlay.............................$ -0-
Payments to Central State
Hospital for Meals..................... $ 2,205,880
Payments to Central State
Hospital for Utilities................. $ 53,000
Total Funds Budgeted.......................$ 10,446,620
State Funds Budgeted.......................$ 9,820,510
Total Positions Budgeted 192
15. Farm Operations Budget:
Personal Services..........................$ 688,780
Regular Operating Expenses.................$ 3,568,300
Travel...............................................-0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 63,800
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 49,900
Utilities..................................$ -0-
Capital Outlay......................... $ -0-
Total Funds Budgeted.......................$ 4,370,780
State Funds Budgeted.......................$ 4,330,780
Total Positions Budgeted 33
GEORGIA LAWS 1983 SESSION
1735
16. Dodge Correctional
Institution Budget:
Personal Services..........................$ 2,155,160
Regular Operating Expenses.................$ 87,900
Travel.....................................$ 1,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 6,900
Telecommunications.........................$ 27,000
Per Diem, Fees and Contracts...............$ 35,520
Utilities..................................$ 215,000
Total Funds Budgeted.......................$ 2,528,980
State Funds Budgeted.......................$ 2,528,980
Total Positions Budgeted 136
17. Transitional Centers Budget:
Personal Services......................... $ 2,313,740
Regular Operating Expenses.................$ 171,000
Travel................................... $ 4,800
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 13,460
Computer Charges......................... $ -0-
Real Estate Rentals...................... $ 194,000
Telecommunications.........................$ 36,900
Per Diem, Fees and Contracts..........i....$ 5,800
Utilities.............................. $ 275,000
Capital Outlay......................... $ -0-
Total Funds Budgeted.......................$ 3,014,700
State Funds Budgeted.......................$ 3,014,700
Total Positions Budgeted 119
18. Augusta Correctional and
Medical Institution Budget:
Personal Services..........................$ 3,986,581
Regular Operating Expenses.................$ 205,100
Travel.................................... $ 3,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing.............. $ -0-
Equipment Purchases........................$ -0-
Computer Charges.......................... $ -0-
Real Estate Rentals........................$ 9,300
1736
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications.........................$ 32,000
Per Diem, Fees and Contracts...............$ 4,800
Utilities..................................$ 329,000
Total Funds Budgeted.......................$ 4,569,781
State Funds Budgeted.......................$ 4,569,781
Total Positions Budgeted 245
19. Health Care Budget:
Personal Services..........................$ 4,910,749
Regular Operating Expenses.................$ 952,510
Travel.....................................$ -0-
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 49,700
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts............$..$ -0-
Utilities................................ $ -0-
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification......................$ 40,480
Payments to Jails for State
Prisoner Medical Costs..................$ 200,000
Health Service Purchases...................$ 9,706,000
Total Funds Budgeted.......................$ 15,859,439
State Funds Budgeted.......................$ 15,859,439
Total Positions Budgeted 237
Budget Unit Object Classes:
Personal Services..........................$ 81,255,896
Regular Operating Expenses.................$ 16,537,577
Travel.....................................$ 59,340
Motor Vehicle Equipment
Purchases...............................$ 365,000
Publications and Printing................ $ 69,100
Equipment Purchases........................$ 935,650
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 230,770
Telecommunications.........................$ 730,490
Per Diem, Fees and Contracts...............$ 139,680
Utilities..................................$ 6,153,935
GEORGIA LAWS 1983 SESSION
1737
Payments to Central State
Hospital for Meals.......................$ 2,205,880
Payments to Central State
Hospital for Utilities................. $ 779,500
Payments to Jails for State
Prisoner Medical Costs...................$ 200,000
Inmate Release Funds.......................$ 595,000
Health Service Purchases................. $ 9,706,000
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification............V,........$ 40,480
Authority Lease Rentals....................$ 440,000
Capital Outlay........................ >..$ 350,000
Total Positions Budgeted 4,307
Authorized Motor Vehicles 375
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.
Provided, however, the Department is autho-
rized to cause funds previously appropriated for
the design of a prison in Ware County, to be
redirected to the design of a prison in Atkinson
County.
C. Budget Unit: Board of Pardons and
Paroles............................$ 9,045,764
Board of Pardons and Paroles Budget:
Personal Services........................$ 7,332,900
Regular Operating Expenses................$ 252,248
Travel................................. $ 371,650
Motor Vehicle Equipment Purchases.........$ 53,265
Publications and Printing.................$ 25,724
Equipment Purchases.................... $ 249,542
Computer Charges..........................$ 20,000
Real Estate Rentals.......................$ 468,155
1738
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications...........................$ 197,730
Per Diem, Fees and Contracts ..........ii....$ 19,800
County Jail Subsidy..........................$ 54,750
Total Funds Budgeted.........................$ 9,045,764
State Funds Budgeted.........................$ 9,045,764
Total Positions Budgeted 385
Budget Unit Object Classes:
Personal Services.......................... $ 7,332,900
Regular Operating Expenses...................$ 252,248
Travel.......................................$ 371,650
Motor Vehicle Equipment Purchases............$ 53,265
Publications and Printing....................$ 25,724
Equipment Purchases..........................$ 249,542
Computer Charges...........................$ 20,000
Real Estate Rentals........................ $ 468,155
Telecommunications...........................$ 197,730
Per Diem, Fees and Contracts.................$ 19,800
County Jail Subsidy........................ $ 54,750
Total Positions Budgeted 385
Authorized Motor Vehicles 22
D. Budget Unit: Georgia Correctional
Industries......................... $ -0-
Georgia Correctional Industries Budget:
Personal Services.......................... $ 1,649,836
Regular Operating Expenses...................$ 570,700
Travel.......................................$ 48,000
Motor Vehicle Equipment Purchases............$ 102,500
Publications and Printing....................$ 8,000
Equipment Purchases..........................$ 60,000
Computer Charges.............................$ 1,955
Real Estate Rentals..........................$ 30,500
Telecommunications...........................$ 58,000
Per Diem, Fees and Contracts.................$ 234,700
Cost of Sales................................$ 4,573,000
Repayment of Prior Years
Appropriations.............................$ 84,000
Capital Outlay...............................$ -0-
Total Funds Budgeted.........................$ 7,421,191
State Funds Budgeted.........................$ -0-
Total Positions Budgeted 66
GEORGIA LAWS 1983 SESSION
1739
Budget Unit Object Classes:
Personal Services..........................$ 1,649,836
Regular Operating Expenses.................$ 570,700
Travel.....................................$ 48,000
Motor Vehicle Equipment Purchases..........$ 102,500
Publications and Printing..................$ 8,000
Equipment Purchases........................$ 60,000
Computer Charges...........................$ 1,955
Real Estate Rentals........................$ 30,500
Telecommunications.........................$ 58,000
Per Diem, Fees and Contracts...............$ 234,700
Cost of Sales..............................$ 4,573,000
Repayment of Prior Years
Appropriations...........................$ 84,000
Capital Outlay.............................$ -0-
Total Positions Budgeted 66
Authorized Motor Vehicles 16
E. Budget Unit: Probation Field
Operations..........................$ 19,827,578
1. Probation Operations Budget:
Personal Services..........................$ 13,957,692
Regular Operating Expenses.................$ 407,891
Travel.....................................$ 237,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 20,000
Equipment Purchases........................$ 70,386
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 297,800
Telecommunications.........................$ 196,250
Utilities..................................$ 5,650
Per Diem, Fees and Contracts...............$ 3,000
Grants for Independent
Probation Systems........................$ 427,000
Total Funds Budgeted.......................$ 15,622,669
State Funds Budgeted.......................$ 15,622,669
Total Positions Budgeted 664
2. Diversion Centers Budget:
Personal Services..........................$ 3,674,066
Regular Operating Expenses.................$ 299,155
Travel.....................................$ 20,350
Motor Vehicle Equipment Purchases..........$ 19,000
1740
GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing................. $ -0-
Equipment Purchases........................ $ 146,153
Computer Charges.......................... $ -0-
Real Estate Rentals.........................$ 246,895
Telecommunications..........................$ 57,000
Utilities.................................. $ 234,000
Per Diem, Fees and Contracts................$ -0-
Capital Outlay............................ $ 240,000
Total Funds Budgeted...................... $ 4,936,619
State Funds Budgeted........................$ 4,204,909
Total Positions Budgeted 187
Budget Unit Object Classes:
Personal Services...........................$ 17,631,758
Regular Operating Expenses................ $ 707,046
Travel.....................J.7.......,....^.$ 257,350
Motor Vehicle Equipment
Purchases............................ $ 19,000
Publications and Printing...................$ 20,000
Equipment Purchases.........................$ 216,539
Computer Charges.......................... $ -0-
Real Estate Rentals.........................$ 544,695
Telecommunications..........................$ 253,250
Utilities...................................$ 239,650
Per Diem, Fees and Contracts................$ 3,000
Capital Outlay..............................$ 240,000
Grants for Independent
Probation Systems........................$ 427,000
Total Positions Budgeted 851
Authorized Motor Vehicles 93
Provided, that of the above appropriation
relating to Grants to Independent Probation Sys-
tems, the Department shall, for disbursement pur-
poses, compute the State cost per probationer on a
state-wide basis pursuant to the formula used by
the Office of Planning and Budget and make pay-
ments to the independent county probation sys-
tems utilizing this State cost per probationer.
GEORGIA LAWS 1983 SESSION
1741
Section 34. Department of Public Safety.
Budget Unit: Department of Public
Safety...............:...........$ 56,152,209
1. Office of Highway Safety Budget:
Personal Services.........................$ 305,436
Regular Operating Expenses................$ 23,319
Travel....................................$ 15,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 3,500
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 13,506
Real Estate Rentals.......................$ 35,203
Telecommunications........................$ 18,000
Per Diem, Fees and Contracts..............$ -0-
Postage...................................$ 4,000
Total Funds Budgeted.................... $ 417,964
State Funds Budgeted......................$ 208,982
Total Positions Budgeted 12
2. Administration Budget:
Personal Services.........................$ 3,542,043
Regular Operating Expenses................$ 1,545,920
Travel....................................$ 96,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 72,000
Equipment Purchases.......................$ 42,128
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 115,000
Per Diem, Fees and Contracts..............$ 77,000
Postage...................................$ 40,000
Total Funds Budgeted......................$ 5,530,091
Indirect DO AS Services Funding...........$ -0-
State Funds Budgeted......................$ 5,497,273
Total Positions Budgeted 156
3. Driver Services Budget:
Personal Services.........................$ 5,977,782
Regular Operating Expenses................$ 265,469
Travel....................................$ 3,500
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 237,000
1742
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases........................$ 57,923
Computer Charges.......................... $ 2,748,707
Real Estate Rentals...................... $ 3,960
Telecommunications.........................$ 66,000
Per Diem, Fees and Contracts...............$ 500
Postage....................................$ 565,000
Conviction Reports.........................$ 180,000
Capital Outlay.............................$ 75,000
Driver License Processing..................$ 714,000
Total Funds Budgeted..................... $ 10,894,841
Indirect DO AS Services Funding............$ 1,500,000
State Funds Budgeted.......................$ 9,394,841
Total Positions Budgeted 318
4. Field Operations Budget:
Personal Services..........................$ 26,800,466
Regular Operating Expenses.................$ 4,776,927
Travel................................... $ 19,000
Motor Vehicle Equipment
Purchases.............................. $ 4,465,609
Publications and Printing..................$ 134,000
Equipment Purchases........................$ 236,051
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 2,729
Telecommunications.........................$ 356,200
Per Diem, Fees and Contracts...............$ 5,000
Postage....................................$ 36,000
Capital Outlay........................... $ -0-
Total Funds Budgeted.......................$ 36,831,982
Indirect DOAS Services Funding.............$ 150,000
State Funds Budgeted.......................$ 36,681,982
Total Positions Budgeted 996
5. Georgia Peace Officer Standards
and Training Budget:
Personal Services..........................$ 710,900
Regular Operating Expenses.................$ 81,103
Travel................................... $ 28,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 16,000
Equipment Purchases........................$ -0-
Computer Charges......................... $ 55,000
Real Estate Rentals........................$ 47,500
Telecommunications..................... $ 19,000
GEORGIA LAWS 1983 SESSION
1743
Per Diem, Fees and Contracts..............$ 12,250
Postage................................ $ 5,300
Peace Officers Training Grants............$ 1,591,659
Total Funds Budgeted......................$ 2,566,712
State Funds Budgeted......................$ 2,566,712
Total Positions Budgeted 25
6. Police Academy:
Personal Services.........................$ 484,694
Regular Operating Expenses........,.......$ 130,200
Travel....................................$ 6,300
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,000
Equipment Purchases.......................$ 3,500
Computer Charges..........................$ 7,000
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 16,723
Per Diem, Fees and Contracts..............$ 138,541
Postage.......................,...........$ 2,400
Total Funds Budgeted......................$ 798,358
State Funds Budgeted......................$ 773,058
Total Positions Budgeted 16
7. Fire Academy:
Personal Services.........................$ 309,603
Regular Operating Expenses................$ 53,200
Travel.................................. $ 12,000
Motor Vehicle Equipment Purchases.........$ 11,940
Publications and Printing.................$ 2,800
Equipment Purchases.......................$ 14,000
Computer Charges..........................$ 48,000
Real Estate Rentals.......................$ 15,182
Telecommunications........................$ 10,000
Per Diem, Fees and Contracts..............$ 85,000
Postage...................................$ 5,500
Total Funds Budgeted......................$ 567,225
State Funds Budgeted......................$ 527,225
Total Positions Budgeted 13
8. Georgia Firefighter Standards and
Training Council Budget:
Personal Services....................... $ 125,329
Regular Operating Expenses................$ 7,940
Travel................................ $ 8,700
1744
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 2,000
Equipment Purchases.................... $ 2,000
Computer Charges.........................$ 33,500
Real Estate Rentals......................$ 3,500
Telecommunications.......................$ 3,700
Per Diem, Fees and Contracts.............$ 2,000
Postage..................................$ 1,100
Total Funds Budgeted.....................$ 189,769
State Funds Budgeted.....................$ 189,769
Total Positions Budgeted 4
9. Organized Crime Prevention
Council Budget:
Personal Services...................... $ 121,854
Regular Operating Expenses...............$ 15,520
Travel................................ $ 9,500
Motor Vehicle Equipment Purchases........$ 9,000
Publications and Printing................$ 1,500
Equipment Purchases......................$ 17,900
Computer Charges....................... $ -0-
Real Estate Rentals......................$ -0-
Telecommunications.......................$ 3,000
Per Diem, Fees and Contracts.............$ 18,840
Postage............................... $ 700
Total Funds Budgeted.....................$ 197,814
State Funds Budgeted......;..............$ 197,814
Total Positions Budgeted 3
10. Georgia Public Safety
Training Facility Budget:
Personal Services........................$ 97,053
Regular Operating Expenses...............$ 3,400
Travel........................................ 3,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 200
Equipment Purchases......................$ 600
Computer Charges.........................$ 800
Real Estate Rentals......................$ 3,500
Telecommunications.......................$ 3,000
Per Diem, Fees and Contracts.............$ 2,500
Postage..................................$ 500
Capital Outlay...........................$ -0-
Total Funds Budgeted.....................$ 114,553
GEORGIA LAWS 1983 SESSION
1745
State Funds Budgeted.................... $ 114,553
Total Positions Budgeted 3
Budget Unit Object Classes:
Personal Services.........................$ 38,475,160
Regular Operating Expenses................$ 6,902,998
Travel...............................201,000
Motor Vehicle Equipment
Purchases...............................$ 4,486,549
Publications and Printing.................$ 478,000
Equipment Purchases.......................$ 374,102
Computer Charges..........................$ 2,906,513
Real Estate Rentals.......................$ 111,574
Telecommunications........................$ 610,623
Per Diem, Fees and Contracts..............$ 341,631
Postage.......................I...........$ 660,500
Conviction Reports........I...............$ 180,000
Peace Officers Training Grant.............$ 1,591,659
Driver License Processing............... $ 714,000
Capital Outlay............................$ 75,000
Total Positions Budgeted 1,546
Authorized Motor Vehicles 1,099
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 $.25 per conviction
report.
Provided that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Georgia Peace Officers Stan-
dards and Training Activity of this Act, the Office
of Planning and Budget is authorized and directed
to supplant State Funds appropriated herein. Pro-
vided further that such supplantation shall not be
1746
GENERAL ACTS AND RESOLUTIONS, VOL. I
implemented if so doing would cause any portion
of the anticipated Federal Funds not to be realized.
This provision shall not apply to project grants.
It is the intent of this General Assembly that
for the purpose of purchasing Police Pursuit Motor
Vehicles, the Department of Public Safety is here-
inafter authorized to develop and establish speci-
fications for said purchases of Police Pursuit
Vehicles when such purchases are made by the
State of Georgia, or otherwise placed a part of a
State of Georgia Contract. Provided, further, that
the development of said specifications shall be
submitted to the Purchasing Division of the
Department of Administrative Services by
November 1 of each year. Provided, further, the
Department of Administrative Services is hereby
instructed to complete said specifications and
place to bid for the letting of contracts by
December 1 of such fiscal year.
Section 35. Public School Employees
Retirement System.
Budget Unit: Public School Employees
Retirement System................$ 11,991,350
Departmental Operations Budget:
Payments to Employees
Retirement System.......................$ 173,250
Employer Contributions....................$ 11,818,100
Total Funds Budgeted......................$ 11,991,350
State Funds Budgeted......................$ 11,991,350
Budget Unit Object Classes:
Payments to Employees
Retirement System.......................$ 173,250
Employer Contributions....................$ 11,818,100
Section 36. Public Service Commission.
Budget Unit: Public Service
Commission.......................$ 4,241,916
GEORGIA LAWS 1983 SESSION 1747
1. Administration Budget:
Personal Services.........................$ 780,083
Regular Operating Expenses................$ 39,200
Travel....................................$ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,200
Equipment Purchases.......................$ 1,600
Computer Charges..........................$ 2,500
Real Estate Rentals.......................$ 74,733
Telecommunications........................$ 33,000
Per Diem, Fees and Contracts..............$ 5,500
Total Funds Budgeted......................$ 945,816
State Funds Budgeted......................$ 944,816
Total Positions Budgeted 22
2. Transportation Budget:
Personal Services.........................$ 1,093,256
Regular Operating Expenses................$ 181,539
Travel..............,..........g....,.....$ 38,079
Motor Vehicle Equipment Purchases.........$ 62,424
Publications and Printing............... $ 9,500
Equipment Purchases.......................$ 4,020
Computer Charges....0.....................$ 72,750
Real Estate Rentals..............................60,623
Telecommunications........................$ 28,980
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,551,171
State Funds Budgeted......................$ 1,551,171
Total Positions Budgeted 47
3. Utilities Budget:
Personal Services..........-..............$ 1,469,930
Regular Operating Expenses................$ 48,914
Travel....................................$ 57,794
Motor Vehicle Equipment Purchases.........$ 7,776
Publications and Printing.................$ 2,300
Equipment Purchases..................... $ 5,640
Computer Charges..........................$ 20,251
Real Estate Rentals.......................$ 76,849
Telecommunications...................... $ 33,000
Per Diem, Fees and Contracts..............$ 100,045
Total Funds Budgeted......................$ 1,822,499
1748
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 1,745,929
Total Positions Budgeted 50
Budget Unit Object Classes:
Personal Services..........................$ 3,343,269
Regular Operating Expenses.................$ 269,653
Travel.....................................$ 103,873
Motor Vehicle Equipment Purchases..........$ 70,200
Publications and Printing................ $ 13,000
Equipment Purchases........................$ 11,260
Computer Charges......................... $ 95,501
Real Estate Rentals........................$ 212,205
Telecommunications....................... $ 94,980
Per Diem, Fees and Contracts...............$ 105,545
Total Positions Budgeted 119
Authorized Motor Vehicles 26
Section 37. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions................$ 540,252,940
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 424,387,796
Sponsored Operations.....................$ 56,737,000
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 121,483,900
Sponsored Operations.....................$ 59,327,000
Office of Minority
Business Enterprise......................$ 277,773
Special Desegregation Programs.............$ 268,646
Satellite Medical Facility
Program..................................$ -0-
Teachers Retirement.......................$ 54,415,184
Authority Lease Rentals....................$ 16,370,000
Capital Outlay......................... $ 600,000
Total Funds Budgeted.......................$ 733,867,299
Less Agency Funds:
Departmental Income........................$ 14,600,000
Sponsored Income...........................$ 116,064,000
Other Funds................................$ 138,573,000
Auxiliary Income...........................$ -0-
GEORGIA LAWS 1983 SESSION
1749
Indirect Communication Charges............$ 3,027,300
State Funds Budgeted.....................$ 461,602,999
Total Positions Budgeted 17,002
Provided, that from appropriated funds in this
budget unit, the amount of $16,370,000 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.

1750
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 $2,000,000 shall not be available for opera-
tions unless prior approval is granted by the Fiscal
Affairs Subcommittees of the House and Senate,
except that student fee revenue derived from
increased rates authorized by the State Board of
Regents shall not be subject to this limitation.
Provided, further, that revenue from sales and
services shall be classified as restricted funds and
shall be available for use by the unit of the Univer-
sity System generating such income.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
Provided, the Board of Regents is authorized to
transfer other object class surpluses to Capital
Outlay and Equipment Purchases without
approval of the Office of Planning and Budget or
the Fiscal Affairs Sub-Committees.
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 618,350
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 242,010
Sponsored Operations....................$ -0-
Total Funds Budgeted................ ....$ 860,360
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income........................ $ -0-
Other Funds...............................$ 135,000
Indirect DO AS Services Funding...........$ 9,800
GEORGIA LAWS 1983 SESSION
1751
State Funds Budgeted...........................$ 715,560
Total Positions Budgeted 27
3. Skidaway Institute of
Oceanography Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 785,180
Sponsored Operations.....................$ 800,000
Operating Expenses:
Educ., Gen., and Dept. Svcs............ $ 551,070
Sponsored Operations ................ $ 943,750
Total Funds Budgeted...................... $ 3,080,000
Less Agency Funds:
Departmental Income............................$ -0-
Sponsored Income.......I.......................$ 1,743,750
Other Funds............................... $ 400,000
Indirect DO AS Services Funding.............$ -0-
State Funds Budgeted........................$ 936,250
Total Positions Budgeted 35
4. Marine Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 359,840
Sponsored Operations.....................$ 162,487
Operating Expenses:
Educ., Gen., and Dept. Svcs............ $ 185,290
Sponsored Operations................. $ 126,263
Total Funds Budgeted...................... $ 833,880
Less Agency Funds:
Departmental Income............................$ -0-
Sponsored Income........................ $ 288,750
Other Funds.................................$ -0-
Indirect DO AS Services Funding.............$ -0-
State Funds Budgeted........................$ 545,130
Total Positions Budgeted 19
5. Engineering Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 9,302,473
Sponsored Operations.....................$ 23,700,742
1752
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 6,963,345
Sponsored Operations......................$ 19,739,840
Agricultural Research.......................$ 425,270
Total Funds Budgeted........................$ 60,131,670
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 43,440,582
Other Funds.................................$ 11,414,375
Indirect DOAS Services Funding..............$ 117,600
State Funds Budgeted........................$ 5,159,113
Total Positions Budgeted 313
6. Engineering Extension
Division Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 1,104,796
Sponsored Operations......................$ 35,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 691,585
Sponsored Operations.................... $ 15,000
Advanced Technology
Development Center........................$ 515,041
Total Funds Budgeted........................$ 2,361,422
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 50,000
Other Funds.........,......................$ 1,257,767
Indirect DOAS Services Funding..............$ 12,200
State Funds Budgeted........................$ 1,041,455
Total Positions Budgeted 38
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 18,844,595
Sponsored Operations......................$ 3,700,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 7,777,649
Sponsored Operations......................$ 2,000,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 32,322,244
GEORGIA LAWS 1983 SESSION
1753
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 5,700,000
Other Funds............................... $ 6,839,745
Indirect DOAS Services Funding..............$ 95,900
State Funds Budgeted........................$ 19,686,599
Total Positions Budgeted 855
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 21,474,800
Sponsored Operations.................... $ 4,590,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 3,278,889
Sponsored Operations.................. $ 2,010,000
Total Funds Budgeted........................$ 31,353,689
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income........................ $ 6,600,000
Other Funds.........................V.:.....$ 5,460,000
Indirect DOAS Services Funding..............$ 126,700
State Funds Budgeted...................... $ 19,166,989
Total Positions Budgeted 960
9. Eugene Talmadge Memorial
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 47,328,326
Sponsored Operations......................$ 2,660,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 21,396,914
Sponsored Operations......................$ 670,000
Capital Outlay - ETMH
Renovations.......................... $ 2,100,000
Total Funds Budgeted........................$ 74,155,240
Less Agency Funds:
Departmental Income.........................$ 1,150,000
Sponsored Income............................$ 3,330,000
Other Funds.................................$ 43,201,453
Board of Corrections........................$ 1,548,498
Indirect DOAS Services Funding..............$ 193,500
1754
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 24,731,789
Total Positions Budgeted 3,022
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 907,540
Sponsored Operations......................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 425,498
Sponsored Operations......................$ -0-
Agricultural Research........ ..............$ 312,350
Disease Research.......................... $ -0-
Fire Ant Research...........................$ 150,000
Total Funds Budgeted........................$ 1,795,388
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income...........................$ -0-
Other Funds.................................$ -0-
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 1,795,388
Total Positions Budgeted 45
11. Veterinary Medicine Teaching
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 668,147
Sponsored Operations......................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 972,000
Sponsored Operations.................... $ -0-
Total Funds Budgeted......... ..............$ 1,640,147
Less Agency Funds:
Departmental Income.......... ..............$ -0-
Sponsored Income............................$ -0-
Other Funds.................................$ 1,324,178
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 315,969
Total Positions Budgeted 53
GEORGIA LAWS 1983 SESSION
1755
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 114,843
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 94,634
Capitation Contracts for
Family Practice Residency................$ 2,000,000
Residency Capitation Grants................$ 1,785,000
New Program Development Contracts
for Family Practice Residency............$ 150,000
Student Preceptorships................... $ 185,000
Total Funds Budgeted.......................$ 4,329,477
State Funds Budgeted.......................$ 4,329,477
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 $500.
Provided, that of the funds appropriated for
Capitation Grants for Family Practice, it is per-
missible that any funds not committed to existing
programs may be used to begin a Family Practice
Program at Emory University School of Medicine.
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 585,680
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 307,041
Sponsored Operations.................. $ -0-
Total Funds Budgeted.......................$ 892,721
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ 666,499
Indirect DOAS Services Funding.............$ -0-
1756
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted....................... $ 226,222
Total Positions Budgeted 34
Budget Unit Object Classes:
Personal Services:
Educ., Gen., and Dept. Svcs................$ 526,482,366
Sponsored Operations.......................$ 92,385,229
Operating Expenses:
Educ., Gen., and Dept. Svcs...........,....$ 164,369,825
Sponsored Operations................... $ 84,831,853
Office of Minority
Business Enterprise.................;....$ 277,773
Special Desegregation Programs...............$ 268,646
Satellite Medical Facility
Program.................................. $ -0-
Fire Ant Research............................$ 150,000
Agricultural Research........................$ 737,620
Disease Research........................... $ -0-
Advanced Technology
Development Center.........................$ 515,041
Capitation Contracts for
Family Practice Residency..................$ 2,000,000
New Program Development
Contracts for Family
Practice Residency.........................$ 150,000
Residency Capitation Grants..................$ 1,785,000
Student Preceptorships.......................$ 185,000
Teachers Retirement.........................$ 54,415,184
Authority Lease Rentals......................$ 16,370,000
Capital Outlay - ETMH
Renovations................................$ 2,100,000
Capital Outlay...............................$ 600,000
Total Positions Budgeted 22,407
B. Budget Unit: Regents Central Office...........$ 18,092,922
Regents Central Office Budget:
Personal Services..............,...,.......$ 2,802,331
Operating Expenses.............,...........$ 609,139
SREB Payments..................;...........$ 6,667,400
Medical Scholarships..................... $ 547,500
Regents Opportunity Grants...................$ 500,000
Regents Scholarships.........................$ 200,000
Grants to Junior Colleges.............I....$ 6,576,552
GEORGIA LAWS 1983 SESSION
1757
Rental Payments to Georgia
Military College.........................$ 190,000
Central Savannah River Area
Business League..........................$ -0-
Total Funds Budgeted........................$ 18,092,922
State Funds Budgeted........................$ 18,092,922
Total Positions Budgeted 100
Budget Unit Object Classes:
Personal Services...........................$ 2,802,331
Operating Expenses..........................$ 609,139
SREB Payments...............................$ 6,667,400
Medical Scholarships........................$ 547,500
Regents Opportunity Grants..................$ 500,000
Regents Scholarships........................$ 200,000
Grants to Junior Colleges...................$ 6,576,552
Rental Payments to Georgia
Military College....................... $ 190,000
Central Savannah River Area
Business League........................ $ -0-
Total Positions Budgeted 100
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
T elecommunications
Commission...................... $ 3,906,409
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 3,009,630
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 2,854,558
Sponsored Operations.................. $ -0-
Total Funds Budgeted.......................$ 5,864,188
1758
GENERAL ACTS AND RESOLUTIONS, VOL. I
Less Agency Funds:
Departmental Income.................... $ -0-
Sponsored Income..........................$ -0-
Other Funds...............................$ 1,957,779
Indirect DOAS Services Funding................$ -0-
State Funds Budgeted.......................$ 3,906,409
Total Positions Budgeted 137
Budget Unit Object Classes:
Personal Services..........................$ 3,009,630
Operating Expenses........................$ 2,854,558
Total Positions Budgeted 137
Authorized Motor Vehicles 14
Section 38. Department of Revenue.
Budget Unit: Department of Revenue.............$ 36,765,075
1. Departmental Administration
Budget:
Personal Services......................... $ 1,057,256
County Tax Officials/Retirement
and FICA...........................854,618
Regular Operating Expenses.................$ 168,563
Travel...................................$ -0-
Motor Vehicle Equipment Purchases..........$ 21,900
Publications and Printing..................$ 12,600
Equipment Purchases........................$ 11,796
Computer Charges.......................... $ 9,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 23,777
Per Diem, Fees and Contracts...............$ 3,000
Postage................................... $ 150
Total Funds Budgeted...................... $ 2,162,660
Indirect Georgia Building
Authority Rents......................... $
State Funds Budgeted..................... 4 2,162,660
Total Positions Budgeted 32
2. Motor Vehicle Administration
Budget:
Personal Services......................... $ 4,914,450
Regular Operating Expenses.................$ 483,950
Travel.............VV......................$ 'O'
Motor Vehicle Equipment Purchases..........$ 10,000
GEORGIA LAWS 1983 SESSION
1759
Publications and Printing....................................$ 315,000
Equipment Purchases..........................................$ 37,947
Computer Charges........................................... $ 2,438,162
Real Estate Rentals...........H...................$ -0-
Telecommunications......................................... $ 95,459
Per Diem, Fees and Contracts.................................$ 157,258
Motor Vehicle Tag Purchases....;^'./;........................$ 750,000
Motor Vehicle Decal Purchases................................$ 311,400
Postage................i..................;I.^;;;............$ -0-
Total Funds Budgeted....................................... $ 9,513,626
Indirect DO AS Services Funding..............................$ 1,689,168
State Funds Budgeted.........................................$ 7,824,458
Total Positions Budgeted 242
Provided, that of the above appropriated
amount relating to motor vehicle tag purchases,
$750,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
750,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production.
3. Property Tax Budget:
Personal Services............................$ 1,282,859
Regular Operating Expenses................. $ 64,770
Travel................................. $ 68,000
Motor Vehicle Equipment Purchases............$ 21,900
Publications and Printing.................. $ 151,000
Equipment Purchases.........1.......... ....$ 3,775
Computer Charges..........I....................$ 244,847
Real Estate Rentals................ ,.......$ -0-
Telecommunications..................21,063
Per Diem, Fees and Contracts.................$ 145,000
Grants to Counties/Appraisal
Staff......................................$ 1,430,000
Postage.............................. .:....$ 12,300
Total Funds Budgeted.........................$ 3,445,514
1760
GENERAL ACTS AND RESOLUTIONS, VOL. I
Repayment of Loans to
Counties/Property Revaluation............$ -0-
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted......................$ 3,445,514
Total Positions Budgeted 55
4. Sales Taxation Budget:
Personal Services.........................$ 1,569,787
Regular Operating Expenses.................$ 20,550
Travel.....,............................. $ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 75,470
Equipment Purchases....................... $ 6,012
Computer Charges...........................$ 506,000
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 29,113
Per Diem, Fees and Contracts...............$ -0-
Postage................................... 100,500
Total Funds Budgeted..........j..........$ 2,307,432
Indirect DOAS Services Funding.............$ 350,600
State Funds Budgeted.......................$ 1,956,832
Total Positions Budgeted 83
5. Motor Fuel Taxation Budget:
Personal Services..........................$ 741,230
Regular Operating Expenses.................$ 5,450
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 49,524
Equipment Purchases........................$ 1,514
Computer Charges...........................$ 263,000
Real Estate Rentals.....v.................$ -0-
Telecommunications.........................$ 14,793
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ -0-
Total Funds Budgeted.......................$ 1,075,511
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 1,075,511
Total Positions Budgeted 36
6. Income Taxation Budget:
Personal Services..........................$ 2,717,419
Regular Operating Expenses.................$ 50,700
Travel.....................................$ -0-
GEORGIA LAWS 1983 SESSION
1761
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..........*.......$ 397,000
Equipment Purchases........................$ 10,170
Computer Charges....................... $ 2,475,469
Real Estate Rentals...................... $ -0-
Telecommunications.................... $ 44,249
Per Diem, Fees and Contracts...............$ -0-
Postage..........................................388,354
Total Funds Budgeted..................... $ 6,083,361
Indirect DOAS Services Funding.............$ 1,715,232
State Funds Budgeted.......................$ 4,368,129
Total Positions Budgeted 128
7. Central Audit Budget:
Personal Services..........................$ 2,536,610
Regular Operating Expenses.................$ 16,040
Travel................................... $ 518,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 3,200
Equipment Purchases........................$ 3,200
Computer Charges...........................$ 4,000
Real Estate Rentals................. .....$ -0-
Telecommunications..................19,754
Per Diem, Fees and Contracts...............$ 1,500
Postage....................................$ 75
Total Funds Budgeted.......................$ 3,102,379
State Funds Budgeted.......................$ 3,102,379
Total Positions Budgeted 82
8. Field Audit Services Budget:
Personal Services......................... $ 7,023,128
Regular Operating Expenses.................$ 203,240
Travel.....................................$ 297,000
Motor Vehicle Equipment Purchases..........$ 58,400
Publications and Printing..................$ 47,200
Equipment Purchases.................... $ 21,000
Computer Charges...........................$ 119,825
Real Estate Rentals...................... $ 326,098
Telecommunications.........................$ 217,096
Per Diem, Fees and Contracts...............$ -0-
Postage.............................. $ 68,034
Total Funds Budgeted.......................$ 8,381,021
Indirect DOAS Services Funding.............$ 90,000
1762
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 8,291,021
Total Positions Budgeted 306
9. Internal Administration Budget:
Personal Services..........................$ 1,464,336
Regular Operating Expenses.................$ 182,270
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 360,000
Equipment Purchases...................C....$ 14,438
Computer Charges...................... ..;$ 71,000
Real Estate Rentals........................$ 997,603
Telecommunications.........................$ 14,700
Per Diem, Fees and Contracts...............$ -0-
Postage....................................$ 1,434,224
Total Funds Budgeted.......................$ 4,538,571
Indirect Georgia Building
Authority Rents........................ $ -0-
State Funds Budgeted.......................$ 4,538,571
Total Positions Budgeted 69
Budget Unit Object Classes:
Personal Services..........................$ 23,307,075
County Tax Officials/Retirement
and FICA.................................$ 854,618
Regular Operating Expenses.................$ 1,195,533
Travel.....................................$ 883,000
Motor Vehicle Equipment
Purchases................................$ 112,200
Publications and Printing..................$ 1,410,994
Equipment Purchases........................$ 109,852
Computer Charges...........................$ 6,131,303
Real Estate Rentals........................$ 1,323,701
Telecommunications.........................$ 480,004
Per Diem, Fees and Contracts...............$ 306,758
Loans to Counties/Property
Reevaluation........................... $ -0-
Grants to Counties/Appraisal
Staff....................................$ 1,430,000
Motor Vehicle Tag Purchases................$ 750,000
Motor Vehicle Decal Purchases..............$ 311,400
GEORGIA LAWS 1983 SESSION
1763
Postage.................................. $ 2,003,637
Total Positions Budgeted 1,033
Authorized Motor Vehicles 60
Section 39. Secretary of State.
A. Budget Unit: Secretary of State..............$ 13,264,902
1. Internal Administration Budget:
Personal Services........................ $ 864,019
Regular Operating Expenses.................$ 77,866
Travel.....................................$ 4,624
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 47,663
Equipment Purchases........................$ 4,000
Computer Charges...........................$ 6,640
Real Estate Rentals...................... $ 106,944
Telecommunications.........................$ 28,788
Per Diem, Fees and Contracts...............$ 25
Postage....................................$ 24,000
Total Funds Budgeted.......................$ 1,164,569
State Funds Budgeted.......................$ 1,164,569
Total Positions Budgeted 35
2. Archives and Records Budget:
Personal Services........................ $ 1,949,275
Regular Operating Expenses.................$ 243,595
Travel.....................................$ 22,782
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 14,600
Equipment Purchases........................$ 56,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 32,103
Telecommunications.........................$ 56,204
Per Diem, Fees and Contracts...............$ 2,000
Postage................................ $ 20,000
Authority Lease Rentals....................$ 1,276,000
Total Funds Budgeted.......................$ 3,672,559
State Funds Budgeted.......................$ 3,632,559
Total Positions Budgeted 82
3. Corporations Regulation Budget:
Personal Services..........................$ 583,105
Regular Operating Expenses.................$ 22,467
Travel.....................................$ 263
1764
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing.............. $ 15,539
Equipment Purchases.................... $ 6,579
Computer Charges.........................$ 67,417
Real Estate Rentals......................$ 120,854
Telecommunications.......................$ 47,832
Per Diem, Fees and Contracts.............$ -0-
Postage..................................$ 36,000
Total Funds Budgeted................... $ 900,056
State Funds Budgeted.....................$ 900,056
Total Positions Budgeted 31
4. Elections and Campaign
Disclosure Budget:
Personal Services........................$ 188,900
Regular Operating Expenses...............$ 18,005
Travel................................. $ 315
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 3,000
Equipment Purchases.................... $ -0-
Computer Charges................ .....$ -0-
Real Estate Rentals.................... $ -0-
Telecommunications.......................$ 5,700
Per Diem, Fees and Contracts.......;.....$ 75,350
Postage................................ $ 3,000
Election Expenses........................$ 300,000
Total Funds Budgeted.................... $ 594,270
State Funds Budgeted................... $ 594,270
Total Positions Budgeted 8
5. General Services Budget:
Personal Services.....................*..$ 648,264
Regular Operating Expenses...............$ 36,530
Travel................................ $ 2,257
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 110,860
Equipment Purchases.................... $ 8,775
Computer Charges........................ $ 2,351
Real Estate Rentals......................$ 47,818
Telecommunications.......................$ 16,320
Per Diem, Fees and Contracts.............$ 200
Postage..................................$ 20,000
Total Funds Budgeted...................;.$ 893,375
GEORGIA LAWS 1983 SESSION
1765
State Funds Budgeted......................$ 893,375
Total Positions Budgeted 29
6. Securities Regulation Budget:
Personal Services.........................$ 523,278
Regular Operating Expenses................$ 37,354
Travel....................................$ 7,110
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ 2,300
Computer Charges..........................$ 10,000
Real Estate Rentals.......................$ 101,122
Telecommunications........................$ 13,835
Per Diem, Fees and Contracts..............$ 2,100
Postage................................. $ 400
Total Funds Budgeted......................$ 701,499
State Funds Budgeted......................$ 701,499
Total Positions Budgeted 18
7. Drugs and Narcotics Budget:
Personal Services....................... $ 468,859
Regular Operating Expenses................$ 42,303
Travel.................................. $ 24,550
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 700
Equipment Purchases.......................$ 800
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 10,764
Telecommunications........................$ 8,800
Per Diem, Fees and Contracts..............$ 1,745
Postage................................. $ 2,500
Total Funds Budgeted......................$ 561,021
State Funds Budgeted......................$ 561,021
Total Positions Budgeted 16
8. State Campaign and Financial
Disclosure Commission Budget:
Personal Services.........................$ 86,177
Regular Operating Expenses................$ 5,050
Travel.................................. $ 1,730
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,357
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
1766
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals....................... $ 11,025
Telecommunications.........................$ 2,699
Per Diem, Fees and Contracts...............$ 3,860
Postage...................................$ 2,000
Total Funds Budgeted.......................$ 116,898
State Funds Budgeted.......................$ 116,898
Total Positions Budgeted 3
9. Occupational Certification Budget:
Personal Services..........................$ 2,950,097
Regular Operating Expenses.................$ 731,659
Travel................................... $ 85,172
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 75,000
Equipment Purchases........................$ 16,023
Computer Charges......................... $ 92,294
Real Estate Rentals...................... $ 241,010
Telecommunications....................... $ 98,022
Per Diem, Fees and Contracts...............$ 271,378
Postage............................... ...$ 140,000
Total Funds Budgeted.......................$ 4,700,655
State Funds Budgeted.......................$ 4,700,655
Total Positions Budgeted 133
Occupational Certification Functional Budgets
Accounting
Architect
Athletic Trainers
Auctioneers
Barbers
Chiropractic
Board
Costs
$ 126,327
$ 61,584
174
3,209
6,055
7,869
Cost of
Operations
$
$
$
$
$
$
250,674
128,472
1,335
42,210
177,894
52,253
GEORGIA LAWS 1983 SESSION
Construction Industry
Cosmetology
Dentistry
Engineers
Forestry
Funeral Service
Geology
Hearing Aid
Landscape Architect
Librarians
Medical Examiners
Nursing Home
Administrators
Board of Nursing
Dispensing Opticians
Optometry
Occupational Therapy
Pest Control
Pharmacy
Physical Therapy
Podiatry
Polygraph Examiners
$ 42,299
$ 15,648
$ 38,418
$ 48,130
2,700
$
$
$
$
8,549
2,700
2,922
$ 5,390
$ 2,122
$ 184,382
$ 8,678
$ 88,398
$ 5,852
4,501
1,654
7,455
$ 58,769
$ 5,219
$ 1,649
$ 1,235
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1767
243,248
523,555
190,496
254,757
25,401
102,741
14,154
13,338
14,525
14,482
758,997
21,445
655,361
24,551
22,750
7,599
67,139
320,993
14,741
16,790
12,715
1768
GENERAL ACTS AND RESOLUTIONS, VOL. I
Practical Nursing
Private Detective
Psychologists
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
Veterinary
Wastewater
Well Water
Total
$ 80,535
$ 20,322
9,585
$
$
1,789
4,264
1,839
8,083
3,263
$ 17,966
5,044
3,770
$
$
$
$
$
$
$
$
$
$
$
$ 898,348
411,896
209,274
37,542
18,726
18,490
15,071
168,069
20,537
66,442
46,914
23,098
5,008,675
Budget Unit Object Classes:
Personal Services.........................$ 8,261,974
Regular Operating Expenses................$ 1,214,829
Travel.................................. $ 148,803
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 275,719
Equipment Purchases...................... $ 94,477
Computer Charges..........................$ 178,702
Real Estate Rentals.......................$ 671,640
Telecommunications........................$ 278,200
Per Diem, Fees and Contracts..............$ 356,658
Election Expenses.........................$ 300,000
Postage...................................$ 247,900
Authority Lease Rentals...................$ 1,276,000
Total Positions Budgeted 355
Authorized Motor Vehicles 71
GEORGIA LAWS 1983 SESSION
1769
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.......... $ 891,913
Real Estate Commission Budget:
Personal Services.......................... $ 550,322
Regular Operating Expenses................. $ 118,291
Travel..................................... $ 12,000
Motor Vehicle Equipment Purchases.......... $ -0
Publications and Printing.................. $ 25,000
Equipment Purchases........................ $ 5,000
Computer Charges........................... $ 54,000
Real Estate Rentals........................ $ 33,600
Telecommunications ........................ $ 17,400
Per Diem, Fees and Contracts............... $ 76,300
Total Funds Budgeted....................... $ 891,913
State Funds Budgeted....................... $ 891,913
Total Positions Budgeted 27
Real Estate Commission Functional Budget
Cost of
State Funds Operations Pos.
Real Estate
Commission $ 891,913 $ 932,863 27
Budget Unit Object Classes:
Personal Services......................$ 528,962
Regular Operating Expenses.............$ 118,291
Travel............................... $ 12,000
Motor Vehicle Equipment Purchases......$ -0-
Publications and Printing..............$ 25,000
Equipment Purchases....................$ 5,000
Computer Charges.......................$ 54,000
Real Estate Rentals....................$ 33,600
Telecommunications.....................$ 17,400
1770
GENERAL ACTS AND RESOLUTIONS, VOL. I
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................$ 16,566,130
1. Internal Administration
Activity Budget:
Personal Services...........*.............$ 2,126,410
Regular Operating Expenses................$ 276,780
Travel.................................. $ 48,400
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 55,000
Equipment Purchases.......................$ 17,310
Telecommunications........................$ 66,220
Per Diem, Fees and Contracts..............$ 87,690
Total Funds Budgeted......................$ 2,677,810
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 94
2. Higher Education Assistance
Corporation Budget:
Payment of Interest and Fees..............$ 320,000
Total Funds Budgeted......................$ 320,000
State Funds Budgeted............................253,000
Total Positions Budgeted 0
3. Georgia Student Finance
Authority Budget:
Guaranteed Educational Loans..............$ 3,410,000
Tuition Equalization Grants...............$ 11,120,000
Student Incentive Grants..................$ 3,740,505
North Georgia College
ROTC Grants........................... $ 135,000
Law Enforcement Personnel
Dependents Grants......................$ 28,000
Georgia Military Scholarship
Grants..................................$ 70,910
Total Funds Budgeted......................$ 18,504,415
State Funds Budgeted.................... $ 16,313,130
Total Positions Budgeted 0
GEORGIA LAWS 1983 SESSION
1771
Budget Unit Object Classes:
Personal Services..........................$ 2,126,410
Regular Operating Expenses.................$ 276,780
Travel.....................................$ 48,400
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 55,000
Equipment Purchases........................$ 17,310
Telecommunications.........................$ 66,220
Per Diem, Fees and Contracts...............$ 87,690
Payment of Interest and Fees...............$ 320,000
Guaranteed Educational Loans...............$ 3,410,000
Tuition Equalization Grants................$ 11,120,000
Student Incentive Grants...................$ 3,740,505
Law Enforcement Personnel
Dependents Grants.......................$ 28,000
North Georgia College
ROTC Grants..............................$ 135,000
Georgia Military Scholarship
Grants................................. $ 70,910
Total Positions Budgeted 94
Authorized Motor Vehicles 1
Provided, that of the above appropriated
amount relative to Educational Loans an amount
not to exceed $14,000 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
Code Sections 20-3-370 through 20-3-375. Pro-
vided 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 20-3-374, to wit:
(a) an amount not less than $1,435,000 is desig-
nated and committed for the purpose of providing
cancellable loans to students in paramedical and
1772
GENERAL ACTS AND RESOLUTIONS, VOL. I
other professional and educational fields of study;
(b) an amount not to exceed $100,000 is designated
and committed for the purpose of providing can-
cellable loans to students who are eligible members
of the Georgia National Guard; (c) an amount not
to exceed $225,000 is designated and committed
for the purpose of providing cancellable loans to
classroom teachers seeking special education train-
ing; (d) an amount not to exceed $30,000 is desig-
nated and committed for the purpose of providing
cancellable loans to students who are to become
agricultural teachers; and (e) an amount not to
exceed $135,000 is designated and committed for
the purpose of providing cancellable loans to stu-
dents who are to become mathematics or science
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 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 $700 per academic year,
and for payment of grants for the summer school
quarter or semester, to undergraduate students
attending private colleges as provided for in Code
Sections 20-3-410 through 20-3-416.
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Code Sections 20-3-430 through
20-3-436.
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Code Sections
20-3-450 through 20-3-455.
GEORGIA LAWS 1983 SESSION
1773
Provided, that the above appropriated amount
relative to North Georgia College Military Scholar-
ships provides for payment of scholarships to
select recipients as provided for in Code Sections
20-3-420 through 20-3-437.
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 20-3-273,
and loan discount fee payments to lenders as pro-
vided for in Code Section 20-3-274.
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 20-3-272 and Code
Section 20-3-319.
Provided, however, the Department is autho-
rized and directed to provide 29 more Tuition
Equalization Grants than were authorized in
S.F.Y. 1984 Budget Report.
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 880,559
1. Soil and Water Conservation
Central Office Budget:
Personal Services........................$ 434,877
Regular Operating Expenses...............$ 41,444
Travel...................................$ 43,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 12,369
Equipment Purchases......................$ 4,150
Computer Charges.........................$ -0-
Real Estate Rentals.................... $ 21,765
Telecommunications..................... $ 11,000
1774
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts..............$ 132,785
Total Funds Budgeted......................$ 701,390
State Funds Budgeted......................$ 701,390
Total Positions Budgeted 12
2. Soil and Water Conservation
Dam Safety Budget:
Personal Services....................... $ 141,033
Regular Operating Expenses................$ 13,395
Travel......................................... 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 400
Equipment Purchases.................;.....$ 500
Computer Charges.................. ....,.$ 6,500
Real Estate Rentals.................. .,.$ 4,141
Telecommunications...................... $ 3,200
Per Diem, Fees and Contracts..............$ 2,000
Total Funds Budgeted......................$ 179,169
State Funds Budgeted.................... $ 179,169
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services.........................$ 575,910
Regular Operating Expenses................$ 54,839
Travel........................................ 51,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 12,769
Equipment Purchases..................... $ 4,650
Computer Charges...................... $ 6,500
Real Estate Rentals.......................$ 25,906
Telecommunications........................$ 14,200
Per Diem, Fees and Contracts............ $ 134,785
Total Positions Budgeted 17
Authorized Motor Vehicles 3
Section 42. Teachers Retirement System.
Budget Unit: Teachers Retirement
System............................$ 2,319,000
Departmental Operations Budget:
Personal Services....................... $ 1,551,407
Regular Operating Expenses................$ 74,800
Travel....................................$ 21,600
Motor Vehicle Equipment Purchases.........$ -0-
GEORGIA LAWS 1983 SESSION
1775
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................... $
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.............$
Postage........................ ......$
Cost of Living Increases for
Local Retirement System Members........$
Floor Fund for Local
Retirement Systems.....................$
Total Positions Budgeted
Authorized Motor Vehicles
Section 43. Department of Transportation.
Budget Unit: Department of
Transportation....................$
1. Planning and Construction
Budget:
Personal Services...................... $
Regular Operating Expenses................$
Travel....................................$
48,825
12,600
231,315
111,000
53,485
189,000
80,000
1.015.000
1.304.000
4,693,032
2.319.000
63
1,551,407
74,800
21,600
-0-
48,825
12,600
231,315
111,000
53,485
189,000
80,000
1.015.000
1.304.000
63
1
411,439,745
74,799,806
4,904,656
1,128,888
1776
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 258,201
Equipment Purchases........................$ 58,233
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 28,295
Telecommunications.........................$ 1,011,196
Per Diem, Fees and Contracts...............$ 6,862,995
Capital Outlay......................... $ 389,519,894
Geodetic Control........................ $ 310,884
Capital Outlay - Paving
State and Local Schools
and State Institutions................. $ 750,000
Capital Outlay - Paving State
Parks and Historic Sites.................$ 500,000
Total Funds Budgeted.......................$ 480,133,048
State Funds Budgeted.......................$ 184,404,768
Total Positions Budgeted 3,023
2. Maintenance and Betterments
Budget:
Personal Services..........................$ 57,668,922
Regular Operating Expenses.................$ 39,779,079
Travel.....................................$ 366,773
Motor Vehicle Equipment
Purchases................<.......-0-
Publications and Printing ............... $ 17,509
Equipment Purchases........................$ -0-
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 5,400
Telecommunications........................ $ 158,747
Per Diem, Fees and Contracts...............$ 1,029,175
Capital Outlay.........................I..$ 63,123,001
Total Funds Budgeted.......................$ 162,148,606
State Funds Budgeted.......................$ 159,348,606
Total Positions Budgeted 3,564
3. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases..........$ 1,000,000
Equipment Purchases........................$ 2,163,420
Capital Outlay.............................$ 131,200
Total Funds Budgeted..................... $ 3,294,620
State Funds Budgeted.......................$ 3,194,620
GEORGIA LAWS 1983 SESSION
1777
4. Assistance to Counties Budget:
Grants to Counties..........................$ 9,317,013
Total Funds Budgeted........................$ 9,317,013
State Funds Budgeted........................$ 9,317,013
5. Administration Budget:
Personal Services...........................$ 8,908,788
Regular Operating Expenses..................$ 960,097
Travel.....................................$ 95,000
Motor Vehicle Equipment
Purchases............................... $ -0-
Publications and Printing...................$ 510,149
Equipment Purchases.........................$ -0-
Computer Charges............................$ 599,500
Real Estate Rentals.........................$ 1,058,245
Telecommunications..........................$ 275,766
Per Diem, Fees and Contracts................$ 245,974
Authority Lease Rentals....................$ 24,710,358
State of Georgia General
Obligation Debt Sinking Fund..............$ 3,712,000
Total Funds Budgeted........................$ 41,075,877
State Funds Budgeted........................$ 40,795,877
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 IX, Paragraph VI, 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.
1778
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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, the Office of Plan-
ning and Budget is hereby authorized and directed
to give advanced budgetary authorization for the
letting and execution of highway contracts essen-
tial to and included in such Interstate Program not
to exceed the amount of State Motor Fuel Tax
Revenues actually paid into the Fiscal Division of
the Department of Administrative Services and
constitutionally appropriated to the Department
of Transportation.
GEORGIA LAWS 1983 SESSION
1779
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.
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 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.
Provided that State Funds appropriated for
on-system Resurfacing, Four-Laning and Passing
Lanes in the foregoing activities may be used to
match additional Federal Aid resulting from the
increase in the Federal Motor Fuel Tax.
1780
GENERAL ACTS AND RESOLUTIONS, VOL. I
Appropriations for the foregoing activities
include an appropriation that shall be utilized for
the specific purpose and amounts as shown below:
Planning and Construction
Geodetic Control.........................
Capital Outlay - Paving State
and Local Schools and State
Institutions...........................
Paving State Parks and
Historic Sites...........................
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
IX, Paragraph VI, subsection (b) of the State
Constitution.
6. Assistance to Municipalities
Budget:
Grants to Municipalities.................
Total Funds Budgeted.....................
State Funds Budgeted.....................
For grants to municipalities for Capital Outlay
in accordance with an Act approved March 31,
1965 (Ga. Laws 1965, p. 458), as amended (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
310,884
750.000
500.000
9,317,000
9,317,000
9,317,000
GEORGIA LAWS 1983 SESSION
1781
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.
7. Air Transportation Budget:
Personal Services.........................$ 519,133
Regular Operating Expenses................$ 512,900
Travel................................,...$ 11,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 200
Equipment Purchases.......................$ 363,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 1
Telecommunications........................$ 6,222
Per Diem, Fees and Contracts..............$ 500
Capital Outlay............................$ -0-
Total Funds Budgeted.................. $ 1,412,956
State Funds Budgeted......................$ 1,028,583
Total Positions Budgeted 16
8. Inter-Modal Transfer Facilities
Budget:
Personal Services....................... $ 680,935
Regular Operating Expenses............ $ 49,500
Travel.................................. $ 16,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 22,000
Equipment Purchases.......................$ 400
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications.................... $ 20,718
Per Diem, Fees and Contracts..............$ 700,000
Capital Outlay - Airport
Development............;................$ 700,000
Capital Outlay - Airport
Operational Improvements................$ 1,000,000
Capital Outlay - Airport
Approach Aid............................$ 100,000
Mass Transit Grants.......................$ 2,016,475
Total Funds Budgeted......................$ 5,306,028
1782
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 3,469,278
Total Positions Budgeted 22
9. Harbor Maintenance Budget:
Harbor Maintenance Payments................$ 564,000
Capital Outlay - Land Acquisition..........$ -0-
Total Funds Budgeted.......................$ 564,000
State Funds Budgeted.......................$ 564,000
Budget Unit Object Classes:
Personal Services..........................$ 142,577,584
Regular Operating Expenses.................$ 46,206,232
Travel a..............................v...$ 1,617,661
Motor Vehicle Equipment
Purchases............................. $ 1,000,000
Publications and Printing..................$ 808,059
Equipment Purchases........................$ 2,585,053
Computer Charges....................... ..$ 599,500
Real Estate Rentals................ ..,....$ 1,091,941
Telecommunications..........,...............$ 1,472,649
Per Diem, Fees and Contracts...............$ 8,838,644
Capital Outlay........................... $ 452,774,095
Mass Transit Grants........................$ 2,016,475
Grants to Municipalities...................$ 9,317,000
Harbor Maintenance Payments................$ 564,000
Grants to Counties.........................$ 9,317,013
Authority Lease Rentals....................$ 24,710,358
Capital Outlay - Airport
Development..............................$ 700,000
State of Georgia General
Obligation Debt Sinking
Fund.................................. $ 3,712,000
Capital Outlay - Airport
Operational Improvements.................$ 1,000,000
Capital Outlay - Airport
Approach Aid.............................$ 100,000
Geodetic Control......................... $ 310,884
Capital Outlay - Paving
State and Local Schools
and State Institutions...................$ 750,000
GEORGIA LAWS 1983 SESSION
1783
Capital Outlay - Paving State
Parks and Historic Sites..................$ 500,000
Total Positions Budgeted 6,946
Authorized Motor Vehicles 4,800
For the general administrative expenses of air-
port development, mass transit planning and
development, the promotion of aviation safety, the
provision of air transportation services, and for
contractual expense for harbor maintenance.
Provided, that the Department of Trans-
portation is authorized to retain such portion of its
Air Transportation service income as is required to
maintain and upgrade the quality of its equipment.
Provided, that the Department of Trans-
portation is authorized to utilize State Airport
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 $564,000 of the above allocation
for harbor maintenance payments is designated
and committed for payment for harbor mainte-
nance and improvements at Savannah.
Provided, further, that the Department of
Transportation is authorized and directed to
transfer to Personal Services from other object
classes such funds as are required to fund the
increased Personal Services costs contemplated in
this Act, subject only to approval by the Office of
Planning and Budget.
1784
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided that the Department of Trans-
portation is authorized to retain its Bus Rental
Income to operate, maintain, and upgrade the
department-owned buses.
Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans
Service...........................$ 12,767,928
1. Veterans Assistance Budget:
Personal Services..........................$ 3,212,792
Regular Operating Expenses.................$ 68,486
Travel................................... $ 84,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 17,000
Equipment Purchases........................$ 4,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 188,768
Telecommunications.........................$ 55,500
Per Diem, Fees and Contracts............. $ 5,000
Postage....................................$ 32,200
Total Funds Budgeted.......................$ 3,668,246
State Funds Budgeted.......................$ 3,421,717
Total Positions Budgeted 142
Authorized Motor Vehicles 1
2. Veterans Home and Nursing Facility -
Milledgeville Budget:
Capital Outlay.............................$ -0-
Equipment Purchases........................$ 27,865
Regular Operating Expenses
for Projects.............................$ 18,185
Operating Expenses/Payments to
Central State Hospital...................$ 7,948,115
Total Funds Budgeted.......................$ 7,994,165
State Funds Budgeted.......................$ 6,600,960
3. Veterans Nursing Home -
Augusta Budget:
Capital Outlay......................... $ -0-
Equipment Purchases........................$ 11,960
Regular Operating Expenses
for Projects...............................$ -0-
GEORGIA LAWS 1983 SESSION
1785
Operating Expense/Payments to
Medical College of Georgia..............$ 3,515,011
Total Funds Budgeted......................$ 3,526,971
State Funds Budgeted......................$ 2,745,251
Budget Unit Object Classes:
Personal Services.........................$ 3,212,792
Regular Operating Expenses................$ 68,486
Travel....................................$ 84,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing......;..|.......$ 17,000
Equipment Purchases.......................$ 43,825
Computer Charges..........................$ -0-
Real Estate Rentals................... $ 188,768
Telecommunications....................... $ 55,500
Per Diem, Fees and Contracts..............$ 5,000
Capital Outlay.................. ........$ -0-
Postage........................... ......$ 32,200
Operating Expense/Payments to
Central State Hospital................ $ 7,948,115
Operating Expense/Payments to
Medical College of Georgia..............$ 3,515,011
Regular Operating Expenses
for Projects............................$ 18,185
Total Positions Budgeted 142
Authorized Motor Vehicles 1
Section 45. Workers Compensation Board.
Budget Unit: Workers Compensation
Board.............................$ 4,577,244
1. Workers Compensation
Administration Budget:
Personal Services....................... $ 3,228,395
Regular Operating Expenses................$ 85,784
Travel.................................. $ 40,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 34,000
Equipment Purchases.......................$ 12,000
Computer Charges........................ $ 225,420
Real Estate Rentals..................... $ 376,596
Telecommunications...................... $ 75,000
Per Diem, Fees and Contracts..............$ 40,716
Postage...................................$ 51,800
1786
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted................s....$ 4,169,711
State Funds Budgeted......................$ 4,154,711
Total Positions Budgeted 127
2. Vocational Rehabilitation Budget:
Personal Services...................... $ 344,257
Regular Operating Expenses.................$ 8,830
Travel............................i.......$ 10,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 2,000
Equipment Purchases.........i.............$ 350
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 29,896
Telecommunications...................... $ 8,200
Per Diem, Fees and Contracts...............$ 12,500
Postage.............................i.....$ 6,500
Total Funds Budgeted..................... $ 422,533
State Funds Budgeted...................... $ 422,533
Total Positions Budgeted 15
Budget Unit Object Classes:
Personal Services........................ $ 3,572,652
Regular Operating Expenses.................$ 94,614
Travel....................................$ 50,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 36,000
Equipment Purchases........................$ 12,350
Computer Charges...........................$ 225,420
Real Estate Rentals....*...................$ 406,492
Telecommunications.........................$ 83,200
Per Diem, Fees and Contracts...............$ 53,216
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)...............$ 114,051,180
GEORGIA LAWS 1983 SESSION
1787
B. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (New).........................
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $910,000 is specifically
appropriated for the purpose of financing the con-
struction and equipping of buildings and facilities
under the control of the State Board of Regents at
the University System through the issuance of not
more than $3,500,000 in principal amount of Gen-
eral Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $15,739,360 is specifically
appropriated for the purpose of financing a school
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
$60,540,000 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, $8,975,200 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 $34,520,000 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, $2,600,000 is specifically
appropriated for the purpose of financing the
equipping of the Georgia World Congress Center
through the issuance of not more than $10,000,000
in principal amount of General Obligation Debt.
$ 33,050,420
1788
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $390,000 is specifically
appropriated for the purpose of constructing and
equipping a Regional Youth Development Center
through the issuance of not more than $1,500,000
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, $3,499,860 is specifically
appropriated for the purpose of financing the con-
struction and equipping the Georgia Public Safety
Training Academy in Monroe County, Georgia
through the issuance of not more than $13,465,000
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, $936,000 is specifically
appropriated for the purpose of financing the
acquisition and clearing land for the deposit of
spoilage in connection with harbor maintenance by
the Department of Transportation through the
issuance of not more than $3,600,000 in principal
amount of General Obligation Debt.
Section 47. In addition to all other appropri-
ations for the State fiscal year ending June 30,
1984, there is hereby appropriated $2,000,000 to be
allocated to various state agencies for the purpose
of paying unemployment compensation payments
to former employees. Funds are to be distributed
to the various agencies according to the method
developed by the Office of Planning and Budget,
the Department of Administrative Services and
the Legislative Budget Office.
Section 48. There is hereby appropriated
$17,000,000 for the payment of the State cost of
1.2% increase in the employer contribution rate in
the State Employees Health Insurance Plan and a
.75% increase for the Teachers Plan to be effective
GEORGIA LAWS 1983 SESSION
1789
July 1,1983. 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.
Section 49. Cost-of-Living Increases. In
addition to all other appropriations for the State
fiscal year ending June 30, 1984, there is hereby
appropriated $80,800,000 for the purposes
described herein: 1) For a 5 %: increase on the
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, 1983; 2) For certificated personnel
having 16 or more years creditable service the
addition of a 16th year on the teacher salary sched-
ule as a longevity increment based on the existing
indexing factors being extended one step for each
certificate on the present teacher salary schedule,
effective September 1, 1983; 3) For school bus
drivers, a 5% salary increase, effective July 1,1983;
4) For university system employees, a 5% salary
increase, to be effective September 1, 1983 for
academic contracted personnel; 5) A 5% salary
increase, effective July 1, 1983, for non-academic
personnel, and fiscal year contracted personnel of
the university system and employees of the Athens
and Tifton Veterinary Laboratories, the Poultry
Veterinary Diagnostic Laboratories, the Cooper-
ative Extension Service and the Agricultural
Experiment Stations. This General Assembly has
distributed to and included in the agency appro-
priations listed hereinbefore State funds in the
amount of $34,200,000 for the purpose of providing
an increase of 4% with a minimum of $400 per
annum for full-time employees of the executive,
judicial and legislative branches of government,
effective July 1, 1983, and an increase of 4% for
State officials whose salary is set by Act 755 (H.B.
1790
GENERAL ACTS AND RESOLUTIONS, VOL. I
262) of the 1978 Regular Session of the Georgia
General Assembly, as authorized in said Act as
amended, 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 1,1983.
Section 50. In addition to all other appropri-
ations for the State fiscal year ending June 30,1984
there is hereby appropriated $2,800,000 for the
purpose of providing funds for the operation of
regional farmers markets in the Department of
Agriculture, and there is hereby appropriated
$6,571,795 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
($6,396,795 - 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
appropriate departmental budgets on a quarterly
basis in amounts equal to those of departmental
remittances to the Fiscal Division of the Depart-
ment of Administrative Services from agency fund
collections.
Section 51. It is the intent of this General
Assembly that appropriations to the object class
Authority Lease Rentals shall be used entirely
for payment to debt-sinking funds, and that no
funds be withdrawn from debt-sinking funds
except for the purpose of paying principal, interest
and trustees fees, or for transfer to another sinking
fund.
Section 52. 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
GEORGIA LAWS 1983 SESSION
1791
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
to be appropriate to control 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 53. It is the intent of this General
Assembly that to the extent to which Federal
funds become available in amounts in excess of
those contemplated in this Appropriations Act,
such excess Federal funds shall be applied as 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-
1792
GENERAL ACTS AND RESOLUTIONS, VOL. I
tives of the instances of noncompliance with the
stated intent of this Section.
Section 54. It is the intent of this General
Assembly that each agency for which an appropri-
ation is authorized herein shall maintain financial t
records in such a fashion as to enable the State
Auditor to readily determine by Object Class the
expenditures of each activity contained in this
Appropriations Act.
Section 55. In addition to all other 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 56. No State appropriations autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
''action 57. Erovided further that n^xate
funds mthis^appropriation shall bejiarcTto or on
behalf of Geo^ia^IpdigentJ>egSrServices or its
affiliates, nor shall^^Slate facilities be made
available fortjieir'tise, includmg'butnot limited to
the Ggefgialnteractive Statewide Tel&eojjimuni-
tons Network ftit.W Hirprt.ly rr inHirprtly
Section 58. 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-
GEORGIA LAWS 1983 SESSION
1793
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 59. 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 1983 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 the
fiscal year to which this appropriations Act
applies, and provided, further, that no funds what-
soever shall be transferred between objects with-
out the prior approval of at least eleven (11) mem-
bers of the Fiscal Affairs Subcommittees in a meet-
ing called to consider said transfers. This Section
shall apply to all funds of each budget unit from
1794
GENERAL ACTS AND RESOLUTIONS, VOL. I
whatever source derived. The State Auditor shall
make an annual report to the Appropriations Com-
mittees of the Senate and House of Representa-
tives of all instances revealed in his audit in which
the expenditures by object class of any depart-
ment, bureau, board, commission, institution or
other agency of this State are in violation of this
Section or in violation of any amendments prop-
erly 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 allo-
cate as to object such funds as he deems proper,
but he shall not approve any operating budget
containing any such allocation until such shall be
submitted and approved in the same manner and
under the same conditions provided hereinbefore
for transfers.
Section 60. Wherever in this Act the term
Budget Unit Object Classes is used, it shall mean
that the object classification following such term
shall apply to the total expenditures within the
Budget Unit, and shall supersede the object classi-
fication shown in the Governors Budget Report.
Section 61. It is the intent of the General
Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as
sedans, pick-up trucks, vans, station wagons and
any other such vehicles for street and highway use,
and
(2) The number of authorized motor vehicles
indicated for each budget unit shall include leased
vehicles and State-owned vehicles, and
(3) The Departments are not authorized to
accept vehicles from surplus property to increase
the number authorized in this Act unless specifi-
cally approved by this General Assembly.
GEORGIA LAWS 1983 SESSION
1795
Section 62. 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 63. TOTAL STATE FUND
APPROPRIATIONS
State F.Y. 1984..............................$4,018,000,000.
Section 64. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
Section 65. All laws and parts of laws in
conflict with this Act are hereby repealed.
Approved April 5,1983.
CORRECTIONAL INDUSTRIES ^ COMPENSATING
INMATES PROHIBITED.
Code Section 42-10-4 Amended.
No. 557 (Senate Bill No. 41).
AN ACT
To amend Chapter 10 of Title 42 of the Official Code of Georgia
Annotated, relating to correctional industries, so as to prohibit the
administration from compensating inmates employed in correctional
industries; to change the provisions relating to the use of funds and
1796
GENERAL ACTS AND RESOLUTIONS, VOL. I
earnings derived from correctional industries; 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 10 of Title 42 of the Official Code of Georgia
Annotated, relating to correctional industries, is amended by striking
in its entirety Code Section 42-10-4, relating to the powers of the
Georgia Correctional Industries Administration, and inserting in lieu
thereof a new Code Section 42-10-4 to read as follows:
42-10-4. The administration shall have, in addition to any
other powers conferred by this chapter, the following powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold,
lease, and dispose of, in any manner, real and personal property of
every kind and character for its corporate purposes;
(3) To appoint, upon the recommendations of its chief
executive officer, such additional officers, agents, and employees
as may, in its judgment, be necessary to carry on the business of
the administration; to fix the compensation for such officers and
employees; and to promote and discharge the same. However, all
legal services for the administration shall be rendered by the
Attorney General and his staff and no fee shall be paid to any
attorney or law firm for legal services. The administration shall be
authorized to pay such fees, stamps, and licenses and any court
costs that may be incurred by virtue of the powers granted in this
Code section;
(4) To have the same powers and authority possessed by the
Department of Offender Rehabilitation in connection with the
manufacture and sale of products;
(5) To utilize any and all inmates who may be made
available for its corporate purposes by the Department of
Offender Rehabilitation. The administration shall not be
required to make any payment to the Department of Offender
Rehabilitation for the use of such labor and shall not compensate
inmates employed in any industry or performing services at any
correctional institution;
GEORGIA LAWS 1983 SESSION
1797
(6) To retain any earnings to be used for capital expansion
for operating capital in performing the duties and powers pro-
vided under this chapter:
(A) In the repair, alteration, erection, and maintenance
of industrial buildings and equipment, provided that prior
legislative approval for new construction and major capital
expenditures is secured; and
(B) For vocational training of inmates without regard
to their industrial or other assignments;
(7) To turn any surplus over to the state treasury in the
event that the administration shall accumulate a surplus in excess
of the amount necessary for the efficient operation of the pro-
grams authorized by this chapter, except that an amount not to
exceed 20 percent of that part of such surplus earnings as may be
attributable to the production or services effort of any given
production or other facility operated by or under the jurisdiction
or supervision of the administration shall be creditable to the
operating budget of the state operated penal institution upon
which the production facility or services activity was based;
(8) To borrow money and to pledge any or all property
owned by the administration as security therefor;
(9) To receive from any source, including, but not limited
to, the state, municipalities and political subdivisions of the state,
and the federal government, gifts and grants for its corporate
purposes;
(10) To hold, use, administer, and expend such sum or
sums as may be appropriated by authority of the General Assem-
bly or the Office of Planning and Budget for any of the purposes of
the administration;
(11) To provide training facilities for the prerelease reha-
bilitation and education of inmates confined in the state penal
system; and
(12) To contract with any department, agency, or instru-
mentality of the state and any political subdivision thereof for the
furnishing of any service which the Department of Offender
Rehabilitation may provide.
1798
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
MOTOR TRUCKS MAXIMUM WIDTH, LENGTH
AND WEIGHT CHANGED.
Code Title 32, Chapter 6 Amended.
No. 558 (Senate Bill No. 260).
AN ACT
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to size and weight and width of vehicles
and loads, so as to authorize vehicles whose width does not exceed 102
inches upon certain highways; to authorize the operation of tractor-
semitrailer-trailer combinations and semitrailers up to 48 feet in
length upon certain highways; to change the weight provisions so as to
provide for the enforcement of the bridge formula for vehicle weights
up to 80,000 pounds; to authorize tandem axles up to 40,680 pounds
when the total gross weight of the vehicle and load is under 73,280
pounds; to authorize the Department of Transportation to enter into
agreements with the United States Secretary of Transportation and
to promulgate reasonable rules and regulations to ensure the depart-
ments compliance with federal vehicular weight and length laws; to
exempt from application of the bridge formula for three years those
vehicles registered with the Department of Revenue prior to April 1,
1983; to delete the table in Code Section 32-6-26; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1983 SESSION
1799
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code
of Georgia Annotated, relating to size and weight and width of
vehicles and loads, is amended by striking Code Section 32-6-23,
relating to the weight of vehicles and loads, in its entirety and
substituting in lieu thereof a new Code Section 32-6-23 to read as
follows:
32-6-23. Unless otherwise provided in this Code section or
exempted in Code Section 32-6-25 or so authorized by a permit issued
pursuant to Code Section 32-6-28, no vehicle shall exceed a total
outside width, including any load thereon, of 96 inches, not including
mirrors and accessories attached thereto, provided that buses which
do not exceed a width of 102 inches, exclusive of mirrors and accesso-
ries attached thereto, may be operated on any street, road, or high-
way; and provided, further, that vehicles, excluding buses, with a total
outside width, including any load thereon, that do not exceed 102
inches, exclusive of mirrors and accessories attached thereto, shall be
allowed to operate upon all fully limited access highways designed to
National System of Interstate and Defense Highways standards and
upon any additional road, street or highway on the State Highway
System which the department determines is appropriate to provide
reasonable access requirements in compliance with Public Law 97-
987 and on which the department has posted appropriate signs
specifying that use by such vehicles is authorized.
Section 2. Said article is further amended by striking Code
Section 32-6-24, relating to length of vehicles and loads, in its entirety
and substituting in lieu thereof a new Code Section 32-6-24 to read as
follows:
32-6-24. (a) (1) As used in this article, the terms:
(A) Combination of vehicles means a semitrailer
pulled by a truck tractor or a semitrailer and trailer pulled by
a truck tractor operating in a truck tractor-semitrailer-trailer
combination.
(B) Semitrailer shall be defined as a detachable load-
carrying unit designed to be attached to a coupling on the rear
of a truck tractor by which it is partly supported.
1800
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) Trailer shall be defined as a detachable load-
carrying unit designed to be attached to a coupling at the rear
of a semitrailer and capable of support in operation without
the truck tractor.
(D) Truck tractor shall be defined as the noncargo
carrying power unit that operates in combination with a
semitrailer or trailer, except that a truck tractor and sem-
itrailer engaged in the transportation of automobiles may
transport motor vehicles on part of the power unit.
(2) Unless exempted in Code Section 32-6-25 or subsection
(b) of this Code section or so authorized by a permit issued
pursuant to Code Section 32-6-28, no vehicle or combination of
vehicles and load shall exceed a total length of 60 feet and no
semitrailer shall exceed 48 feet in length in a truck tractor-
semitrailer-combination and no truck tractor-semitrailer-trailer
combination shall be allowed except the department shall allow a
semitrailer length of no more than 48 feet when operated as a
truck tractor-semitrailer combination and a semitrailer or trailer
length of no more than 28 feet when operated as a truck tractorr
semitrailer-trailer combination provided that such vehicles may
exceed 60 feet in length and shall only operate upon all fully
limited access highways designed to National System of Interstate
and Defense Highways standards and upon any road, street, or
highway on the State Highway System which the department
determines is appropriate to provide reasonable access require-
ments in compliance with Public Law 97-987 and on which the
department has posted appropriate signs specifying that use by
such vehicles is authorized. The department may permit the
operation of a semitrailer which exceeds 45 feet in length without
highway designation:
(A) If the semitrailer was manufactured prior to July 1,
1980, and the total length of the combination of vehicles is 55
feet or less; or
(B) If the length of the semitrailer is more than 45 feet
but not more than 48 feet and the total length of the combina-
tion of vehicles does not exceed 55 feet, and the gross weight
of the vehicle and its load does not exceed 50,000 pounds.
GEORGIA LAWS 1983 SESSION
1801
(3) The length limitations described in this Code section
shall be exclusive of safety and energy conservation devices, such
as rear view mirrors, turn signal lamps, marker lamps, steps and
handholds for entry and egress, flexible fender extensions,
mudflaps and splash and spray suppressant devices, load-induced
tire bulge, refrigeration units or air compressors, air deflection and
other devices, which the department may interpret as necessary
for safe and efficient operation of commercial motor vehicles,
except that no device excluded under this paragraph from the
limitations of this Code section shall have by its design or use the
capability to carry cargo.
(4) Unless exempted in Code Section 32-6-25 or subsection
(b) of this Code section or so authorized by a trip permit issued
pursuant to Code Section 32-6-28, or for vehicles transporting
motor vehicles; when the vehicle and load or combination of
vehicles and load exceeds 60 feet, no load shall be so situated as to
extend beyond the front or rear of the vehicle or semitrailer or
trailer on which it is carried.
(b) (1) As used in this subsection, the term processing plant
means a business engaged in manufacturing poles and pilings for
commercial purposes.
(2) Loads of poles, logs, pilings, lumber, structural steel,
timber structural members, piping, and prestressed and precast
concrete may exceed the length of 60 feet without requiring a
permit when they are single length pieces and no pieces are loaded
end to end, but a single trip permit shall be required if the total
length of such vehicle and load exceeds 75 feet. In addition to the
single trip permits so required in this paragraph for vehicles
exceeding 75 feet in length, an annual permit for these vehicles
may be secured if the motor vehicles are transporting poles and
pilings from the woods to the processing plant or transporting
poles for utility companies when such poles cannot be readily
dismantled or separated.
(3) Vehicles transporting motor vehicles (commonly known
as automobile carriers) shall not carry a load exceeding 65 feet in
length. However, subsection (a) of this Code section, which pro-
vides that no trailer shall exceed 45 feet in length, shall not apply
to automobile carriers.
1802
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Vehicles transporting live poultry shall not carry a load
exceeding 65 feet in length. However, subsection (a) of this Code
section, which provides that no trailer shall exceed 45 feet in
length, shall not apply to vehicles hauling live poultry.
Section 3. Said article is further amended by striking para-
graphs (1) and (2) of subsection (a) of Code Section 32-6-26, relating
to weight of vehicle and load, in their entirety and substituting in lieu
thereof new paragraphs (1) and (2) to read as follows:
(1) Except when so authorized by a permit issued pursuant to
Code Section 32-6-28, no wheel on any vehicle operated upon any
public road of this state equipped with high pressure pneumatic, solid
rubber, or cushion tires shall carry a load which exceeds 8,000 pounds
by more than 13 percent or an axle load which exceeds 16,000 pounds
by more than 13 percent; no wheel equipped with low pressure
pneumatic tires shall carry a load which exceeds 9,000 pounds by
more than 13 percent or any axle load which exceeds 18,000 pounds
by more than 13 percent. An axle load shall be defined as the total
load on all wheels whose centers may be included between two
parallel transverse vertical planes 40 inches apart. Without regard to
any other limitation in this Code section for tandem axle loads, any
vehicle or combination of vehicles that is over 55 feet in length shall
be limited to a maximum of 34,000 pounds for each set of tandem
axles, except that the 34,000 pound tandem axle limitation shall not
apply to the exceptions contained in paragraph (2) of subsection (b)
of Code Section 32-6-24. If the driver of any vehicle can comply with
the requirements of this Code section by shifting the load and does so
when requested by the proper authority, the driver shall not be held
to be operating in violation of this Code section.
(2) (A) Notwithstanding paragraph (1) of this subsection, the
maximum total gross weight of any vehicle and load shall not
exceed 80,000 pounds and a tandem axle weight of 34,000 pounds,
provided the overall gross weight in pounds on a group of two or
more consecutive axles shall be as determined by the following
formula; however, any axle which can be raised or lowered, with
respect to the horizontal plane of the vehicle, either mechanically,
hydraulically, by air pressure, or by any other means, shall not be
counted, except that axles utilized by vehicles which were manu-
factured prior to July 1, 1978, as an individual or additional axle
when determining gross weights authorized by the formula:
GEORGIA LAWS 1983 SESSION
1803
W = 500 (LN/N-1) + 12N + 36
Where W = overall gross weight on any group of two or more con-
secutive axles to the nearest 500 pounds, L =*= distance in
feet between the extreme of any group of two or more con-
secutive axles, and N = number of axles in group under con-
sideration; except that two consecutive sets of tandem axles
may carry a gross load of 34,000 pounds each provided the
overall distance betwen the first and last axles of such con-
secutive sets of tandem axles is 36 feet or more; provided,
further, that the maximum gross weight to be allowed on a
tandem axle for a vehicle or combination of vehicles carrying
a gross weight of less than 73,280 pounds shall be 40,680
pounds, except that for vehicles and combinations of vehi-
cles exceeding 55 feet in length the tandem weight shall be
limited to 34,000 pounds; provided, further, that the maxi-
mum gross weight to be allowed on a tandem axle shall be
34,000 pounds for a vehicle or combination of vehicles carry-
ing a gross weight of more than 73,280 pounds. For deter-
mining gross weights on a tandem axle, a tandem axle shall
be defined as two or more consecutive axles whose centers
may be included between parallel vertical planes spaced
more than 40 inches and not more than 96 inches apart, ex-
tending across the full width of the vehicle.
(B) Subject to the provisions of this article, the department
is authorized, on behalf of the state, to enter into agreements with
the United States Secretary of Transportation as provided in
Section 127 of Title 23 of the United States Code relating to the
control of vehicle weight and width limitations. The department
is authorized to take action in the name of the state to comply with
the terms of such agreement and to promulgate such rules and
regulations necessary to ensure the departments compliance with
federal laws and for the issuing of the special permit under this
subsection. The department is authorized to reach an agreement
with the United States Secretary of Transportation, pursuant to
the above and may include in such agreement that any vehicles
which were registered with the Department of Revenue prior to
April 1,1983, may be exempt from application of the formula for
purposes of determining maximum allowable gross weight or
combination of axle weights by axle grouping under the formula,
1804
GENERAL ACTS AND RESOLUTIONS, VOL. I
and shall be allowed the use as an individual or additional axle,
when determining total gross weights, any axle which can be
raised or lowered, with respect to the horizontal plane of the
vehicle, either mechanically, hydraulically, by air pressure, or by
any other means, provided the total gross weight of such vehicle or
combination of vehicles does not exceed 73,280 pounds and such
vehicle or combination of vehicles complies with the provisions of
paragraph (1) of this subsection; provided, further, that such
vehicle or combination of vehicles shall be required to obtain a
special permit from the department, which shall be nontransfer-
able, for identification purposes and that such exemption shall
terminate on April 1,1986.
Section 4. Said article is further amended by deleting the table
in subsection (a) of Code Section 32-6-26, relating to weight of vehicle
and load, in its entirety.
Section 5. Said article is further amended by striking subpara-
graphs (C) and (D) of paragraph (1) of subsection (b) of Code Section
32-6-28, relating to permits for excess weight and dimensions, in their
entirety and substituting in lieu thereof new subparagraphs (C) and
(D) to read as follows:
(C) Whose total load length exceeds 75 feet;
(D) Whose total width exceeds 102 inches or whose load width
exceeds 144 inches; or.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
GEORGIA LAWS 1983 SESSION
1805
DISTRICT ATTORNEYS EMERITUS DUTIES, ETC.
Code Title 47, Chapter 12 Amended.
No. 559 (Senate Bill No. 96).
AN ACT
To amend Chapter 12 of Title 47 of the Official Code of Georgia
Annotated, relating to district attorneys emeritus, so as to change the
provisions relating to practicing law while serving as district attorney
emeritus; to change the provisions relating to the duties of district
attorneys emeritus; to provide for the exemption of rights and bene-
fits from taxation, levy, and sale; 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. Chapter 12 of Title 47 of the Official Code of Georgia
Annotated, relating to district attorneys emeritus, is amended by
striking Code Section 47-12-81, relating to practicing law while
serving as district attorney emeritus, in its entirety and substituting
in lieu thereof a new Code Section 47-12-81 to read as follows:
47-12-81. District attorneys emeritus are prohibited from prac-
ticing law in any cases against the State of Georgia in any of the courts
of this state or of the United States.
Section 2. Said chapter is further amended by striking Code
Section 47-12-83, relating to the duties of district attorneys emeritus,
in its entirety and substituting in lieu thereof a new Code Section 47-
12-83 to read as follows:
47-12-83. It shall be the duty of each district attorney emeritus
to consult with and advise the district attorney of his former circuit.
Section 3. Said chapter is further amended by adding at the end
thereof a new Code Section 47-12-101 to read as follows:
47-12-101. The right to a retirement benefit, district attorney
emeritus salary, return of contributions, any optional benefit, or any
1806
GENERAL ACTS AND RESOLUTIONS, VOL. I
other right accrued or accruing to any person under this chapter and
the moneys in the fund are exempt from any state, county, or
municipal tax; exempt from levy and sale, garnishment, attachment,
or any other process whatsoever; and shall not be assignable, except as
otherwise specifically provided for in this chapter.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
CORRECTIONAL INSTITUTIONS PUNISHMENT OF
INMATES LEAVE PRIVILEGES OF INMATES.
Code Title 42, Chapter 5 Amended.
No. 560 (House Bill No. 458).
AN ACT
To amend Code Section 42-5-58 of the Official Code of Georgia
Annotated, relating to the punishment of inmates generally in correc-
tional institutions and to transfers of inmates, so as to change the
provisions relating to the use of certain restraints; to amend Article 4
of Chapter 5 of Title 42 of the Official Code of Georgia Annotated,
relating to granting of special leaves, emergency leaves, and limited
leave privileges to inmates of penal institutions, so as to provide that
such leaves and leave privileges shall be granted to inmates serving
murder sentences only under certain limited circumstances; to pro-
vide 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 42-5-58 of the Official Code of Georgia
Annotated, relating to the punishment of inmates generally in correc-
GEORGIA LAWS 1983 SESSION
1807
tional institutions and to transfers of inmates, is amended by striking
said Code section in its entirety and inserting in lieu thereof a new
Code Section 42-5-58 to read as follows:
42-5-58. (a) Whipping of inmates and all forms of corporal
punishment shall be prohibited. All shackles, manacles, picks, leg
irons, and chains shall be barred from use as punishment by any penal
institution operated under authority of the board. In transferring
violent or potentially dangerous inmates within an institution or
between facilities, handcuffs, leg chains, waist chains, and waist belts
may be utilized. Handcuffs, leg chains, waist chains, and waist belts
may also be used in securing violent or potentially dangerous inmates
within an institution and in public and private areas such as hospitals,
clinics; but in no event may handcuffs, leg chains, waist chains, and
waist belts be used as punishment. Provided, however, if the accused
becomes violent in the courtroom, restraints may be used.
(b) The department shall restrict punishment for an infraction
of correctional rules and regulations to isolation and restricted diet or
to uniform standard humane punishment which the department may
deem necessary for the control of inmates.
Section 2. Article 4 of Chapter 5 of Title 42 of the Official Code
of Georgia Annotated, relating to granting of special leaves, emer-
gency leaves, and limited leave privileges to inmates of penal institu-
tions, is amended by adding a new Code Section 42-5-85 to read as
follows:
42-5-85. (a) No special leave, emergency leave, or limited
leave privileges shall be granted to any inmate who is serving a
murder sentence unless the commissioner has approved in writing a
written finding by the department that the murder did not involve
any aggravating circumstance.
(b) As used in this Code section only, the term aggravating
circumstance means that:
(1) The murder was committed by a person with a prior
record of conviction for a capital felony;
(2) The murder was committed while the offender was
engaged in the commission of another capital felony, aggravated
battery, burglary, or arson in the first degree;
1808
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) The offender, by his act of murder, knowingly created a
great risk of death to more than one person in a public place by
means of a weapon or device which would normally be hazardous
to the lives of more than one person;
(4) The offender committed the murder for himself or
another, for the purpose of receiving money or any other thing of
monetary value;
(5) The murder of a judicial officer, former judicial officer,
district attorney or solicitor, or former district attorney or solicitor
was committed during or because of the exercise of his official
duties;
(6) The offender caused or directed another to commit
murder or committed murder as an agent or employee of another
person;
(7) The murder was outrageously or wantonly vile, horrible,
or inhuman in that it involved torture, depravity of mind, or an
aggravated battery to the victim;
(8) The murder was committed against any peace officer,
corrections employee, or fireman while engaged in the perfor-
mance of his official duties;
(9) The murder was committed by a person in, or who has
escaped from, the lawful custody of a peace officer or place of
lawful confinement; or
(10) The murder was committed for the purpose of avoiding,
interfering with, or preventing a lawful arrest or custody in a place
of lawful confinement of himself or another.
(c) The department shall make a finding that a murder did not
involve an aggravating circumstance only after an independent
review of the record of the trial resulting in the conviction or of the
facts upon which the conviction was based.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1983 SESSION
1809
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
CLASSIFICATION OF MEMBERS.
Code Section 47-2-296 Enacted.
No. 561 (Senate Bill No. 81).
AN ACT
To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official
Code of Georgia Annotated, relating to certain classifications of mem-
bers of the Employees Retirement System of Georgia, so as to pro-
vide that persons who become employees of the state as a result of a
county probation system becoming a part of the state-wide probation
system shall have the right to remain members of local retirement
systems under certain conditions; to define the term local retirement
system; to provide that such employees may become members of the
Employees Retirement System of Georgia and may transfer certain
service as an employee of a county probation system to the Employ-
ees Retirement System of Georgia under certain conditions; to pro-
vide that the employees of certain county probation systems which
become a part of the state-wide system shall have the additional op-
tion of retiring under a local retirement system if qualified to retire
under such system; to provide that certain employees of certain
county probation systems shall remain members of a local retirement
system and shall not have the option to become members of the Em-
ployees Retirement System of Georgia; to authorize certain counties
to supplement the state salaries paid to certain employees who be-
come employees of the Department of Offender Rehabilitation; to
provide for control over conflicting laws or ordinances; to provide pro-
cedures, requirements, and other matters relative to the foregoing; to
repeal conflicting laws; and for other purposes.
1810
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Part 9 of Article 8 of Chapter 2 of Title 47 of the
Official Code of Georgia Annotated, relating to certain classifications
of members of the Employees Retirement System of Georgia, is
amended by adding at the end of said Part 9 a new Code Section 47-2-
296 to read as follows:
47-2-296. (a) As used in this Code section, the term local
retirement system means a retirement or pension system maintained
by a county which includes as members thereof employees of the
county probation system which becomes a part of the state-wide
probation system, and the term includes any such retirement or
pension created by law or created by ordinance or resolution of the
county under the home rule provisions of the Constitution of Georgia.
(b) Any person becoming an employee of the state at any time on
or after July 1, 1984, as a result of being employed by a county
probation system which became a part of the state-wide probation
system administered by the Department of Offender Rehabilitation
shall have the options and rights provided for by this Code section,
subject to the limitations of subsection (f) of this Code section. The
options available to any such employee under this Code section must
be exercised within six months after the date the applicable county
probation system became a part of the state-wide probation system.
The option provided by subsection (e) of this Code section must be
exercised on or before the date the county probation system becomes
a part of the state-wide probation system. Any such option shall be
exercised by such employee notifying, in writing, the Board of Trust-
ees of the Employees Retirement System of Georgia, the commis-
sioner of offender rehabilitation, the governing authority of the
applicable county, and, when applicable, the board of trustees or
other managing body of any local retirement system of which the
employee is a member. If the employee is a member of a local
retirement system, such membership shall continue pending the
exercise of an option provided by this Code section. The choice made
by an employee in selecting an option provided by this Code section
shall be irrevocable and may not at any time thereafter be rescinded
or modified.
(c) If an employee subject to this Code section was a member of a
local retirement system at the time the applicable county probation
system became a part of the state-wide probation system, such
GEORGIA LAWS 1983 SESSION
1811
employee, subject to the limitations of subsection (f) of this Code
section, may either continue active membership in the local retire-
ment system as provided in this subsection or become a member of
the Employees Retirement System of Georgia and transfer creditable
service as an employee of the local retirement system to the Employ-
ees Retirement System of Georgia as provided in subsection (d) of
this Code section. Such employees who are subject to the provisions
of subsection (e) of this Code section shall have the additional option
to retire under the local retirement system, if qualified therefor, as
provided in said subsection (e). An employee electing to continue
membership in a local retirement system shall have the right to
continue such membership and the salary received by such employee
as an employee of the Department of Offender Rehabilitation or
other state department shall be the salary of such employee for all
purposes under the local retirement system. If applicable to any such
employee, any county supplement to the state salary of such
employee shall be included as salary for the purposes of a local
retirement system in which such employee continues membership.
Such employee shall continue to pay the employee contributions
required under the local retirement system; and, for such purposes,
the Department of Offender Rehabilitation or other state department
if the employee subsequently becomes employed by another depart-
ment of the state government may enter into an agreement with the
board of trustees or other managing body of the local retirement
system whereby the department may deduct such employee contribu-
tions from the compensation of the employee and pay the amount
deducted to the local retirement system. Employer contributions for
continued membership in the local retirement system shall be com-
puted at the same percentage rate applicable to all other state
employees and shall be paid by the Department of Offender Rehabili-
tation or by another state department when applicable to the local
retirement system. An employee continuing membership under a
local retirement system under this subsection shall retain all rights,
benefits, and privileges under the local retirement system in the same
manner and to the same extent as if the employee remained an
employee of the county. An employee electing to continue member-
ship in a local retirement system shall not be and may not become a
member of the Employees Retirement System of Georgia.
(d) An employee who was a member of a local retirement system
as provided in subsection (c) of this Code section may elect to become
a member of the Employees Retirement System of Georgia, except as
otherwise provided by subsection (f) of this Code section. Any such
1812
GENERAL ACTS AND RESOLUTIONS, VOL. I
employee so electing may obtain creditable service under the
Employees Retirement System of Georgia for all accredited service
previously rendered as an employee of the applicable local retirement
system. For each employee so electing, the governing authority of the
applicable county or the board of trustees or other managing body of
tbe applicable local retirement system, within 30 days after receiving
the notice provided for in subsection (b) of this Code section, shall
pay to the Board of Trustees of the Employees Retirement System of
Georgia a portion of the total employee contributions plus interest
made by the employee to the local retirement system. This payment
shall be equal to the employee contribution plus interest which would
have been accumulated had the employee always been covered by the
Employees Retirement System of Georgia. Any additional amount,
as determined by the Board of Trustees of the Employees Retire-
ment System of Georgia, shall be paid by the local retirement system
to a maximum prior county contributions plus interest. Any
further additional sum required will be paid by the local governing
authority. These two sums together with the contributions of trans-
ferring employees plus interest shall be sufficient to grant the credit-
able service under the Employees Retirement System of Georgia
authorized by this subsection without creating any accrued liability,
as a result of granting such creditable service, against the Employees
Retirement System of Georgia. The employee contributions paid to
the board of trustees under this subsection shall be deposited by the
board into the annuity savings fund as a credit to the member. Other
funds paid to the board of trustees under this subsection shall be
deposited by the board into the pension accumulation fund. Upon
receiving the payments provided for by this subsection, the board of
trustees shall enter the creditable service provided for by this subsec-
tion upon the records of the member. The employee contributions in
an amount exceeding those necessary to cover the period of creditable
service as a state employee under the Employees Retirement System
of Georgia shall be refunded to the employee upon application to the
board of trustees of the local retirement system.
(e) This subsection shall not apply to the employees of a county
probation system of 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. The employees of other county
probation systems subject to the provisions of this Code section who
were members of a local retirement system shall have the additional
option of retiring under the local retirement system if such employees
have sufficient creditable service under the local retirement system to
GEORGIA LAWS 1983 SESSION
1813
qualify for retirement benefits. Such option may be exercised by any
such employee making application for retirement to the board of
trustees or other managing body of the local retirement system. Any
such employee electing to retire under a local retirement system shall
not be eligible to transfer any creditable service under the local
retirement system to the Employees Retirement System of Georgia
and, if the employee accepts employment as an employee of the
Department of Offender Rehabilitation, shall become a member of
the Employees Retirement System of Georgia at the time the county
probation system becomes a part of the state-wide probation system.
(f) This subsection shall apply only to employees of a county
probation system of a county having a population of 550,000 or more
according to the United States decennial census of 1980 or any future
such census. The employees of any such county probation system
who were members of a local retirement system and who have ten or
more years of creditable service under the local retirement system at
the time the county probation system becomes a part of the state-
wide probation system shall not have the option to become members
of the Employees Retirement System of Georgia, and such employees
shall continue active membership in the local retirement system. The
provisions of subsection (c) of this Code section shall apply to such
employees, except for the provisions of said Code section relative to
the option to become members of the Employees Retirement System
of Georgia.
(g) If an employee subject to this Code section was not a member
of a local retirement system at the time the applicable county
probation system became a part of the state-wide probation system,
such employee shall become a member of the Employees Retirement
System of Georgia effective on the date the county probation system
became a part of the state-wide probation system. Any such member
may purchase as creditable service under the Employees Retirement
System of Georgia all or any portion of previous actual service
rendered by the member as an employee of the applicable county
probation system, except in those instances in which such member
has retired or is receiving benefits from a local retirement system.
Such creditable service may be purchased by the members paying to
the board of trustees all employee and employer contributions, plus
regular interest thereon, under the Employees Retirement System of
Georgia for the amount of creditable service claimed in an amount
sufficient to grant creditable service under the Employees Retire-
ment System of Georgia authorized by this subsection without creat-
1814
GENERAL ACTS AND RESOLUTIONS, VOL. I
ing any accrued liability, as a result of granting such creditable
service, against the Employees Retirement System of Georgia. The
basis for such employee and employer contributions shall be the
compensation the member received upon first becoming an employee
of the Department of Offender Rehabilitation. The time limitation
for exercising options provided for in subsection (b) of this Code
section shall not apply to the purchase of creditable service under this
subsection. Any eligible member may purchase such creditable
service at any time during the first five years of membership in the
Employees Retirement System of Georgia and parts of such credit-
able service may be purchased from time to time during such five-
year period. The board of trustees may establish payment schedules
for eligible members to purchase creditable service under this subsec-
tion.
(h) The provisions of this subsection shall apply only to counties
having a population of 550,000 or more according to the United States
decennial census of 1980 or any future such census which had a
county probation system whose employees are subject to the provi-
sions of this Code section.
The governing authority of a county subject to this subsection is
authorized to supplement the state salaries paid to employees of the
Department of Offender Rehabilitation who were employees of the
countys probation system prior to its becoming a part of the state-
wide probation system. Such salary supplement, if any, shall be
included in the salary of any such employee for all purposes under any
local retirement system in which the employee remains a member
pursuant to the authority or requirements of this Code section. Such
salary supplement, if any, shall not be considered state salary for the
purposes of any payments made from state funds to a local retirement
system to reimburse such local retirement system for employer
contributions that would be made under the Employees Retirement
System of Georgia if such employees had become members of the
Employees Retirement System of Georgia pursuant to the provisions
of this Code section.
(i) To the extent this Code section conflicts with or is inconsis-
tent with the provisions of a local retirement or pension system
affected by this Code section, whether such local retirement or
pension system was created by law or by local ordinance, the provi-
sions of this Code section shall control.
GEORGIA LAWS 1983 SESSION
1815
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
REVENUE SHORTFALL RESERVE APPROPRIATION
FOR FISCAL 1983 AUTHORIZED.
Code Section 45-12-93 Amended.
No. 562 (House Bill No. 474).
AN ACT
To amend Code Section 45-12-93 of the Official Code of Georgia
Annotated, relating to the revenue shortfall reserve and midyear
adjustment reserve, so as to authorize the General Assembly of
Georgia to appropriate $5 million for State Fiscal Year 1983 from the
revenue shortfall reserve; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-12-93 of the Official Code of Georgia
Annotated, relating to the revenue shortfall reserve and midyear
adjustment reserve, is amended by adding a new subsection (c) at the
end thereof to read as follows:
(c) Any other provision of law notwithstanding, the General
Assembly of Georgia is authorized to appropriate $5 million for State
Fiscal Year 1983 from the revenue shortfall reserve.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1816
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
CHILD SUPPORT RECOVERY ACT AMENDED.
Code Title 19, Chapter 11 Amended.
No. 563 (House Bill No. 325).
AN ACT
To amend Article 1 of Chapter 11 of Title 19 of the Official Code of
Georgia Annotated, the Child Support Recovery Act, so as to
clarify the procedure for acknowledging paternity; to correct punctu-
ation; to provide definitions; to provide that garnishment based upon
a court order for child support of a civil nature shall not be subject to
requirements of departmental hearings; to provide for contracts; to
provide for fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 11 of Title 19 of the Official
Code of Georgia Annotated, the Child Support Recovery Act, is
amended by striking Code Section 19-11-14, relating to the liability of
the father for support of a child born out of wedlock, in its entirety
and inserting in lieu thereof a new Code Section 19-11-14 to read as
follows:
19-11-14. Whenever a man has been adjudicated by a court of
competent jurisdiction as the father of a child born out of wedlock or
whenever he has acknowledged paternity under oath in an adminis-
trative hearing, in court, or by verified writing, he shall be legally
liable for the support of the child in the same manner as he would owe
the duty of support if the child were his child born in wedlock. The
GEORGIA LAWS 1983 SESSION
1817
right of the child born out of wedlock to receive such support is
enforceable in a civil action, notwithstanding any other provision of
law.
Section 2. Said article is further amended by striking Code
Section 19-11-19, relating to garnishment and orders to withhold and
deliver in child support cases, and inserting in its place a new Code
section to read as follows:
19-11-19. (a) For purposes of this Code section, the term:
(1) 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 plus any premium for group accident and health
insurance offered by the employer, if any.
(2) Earnings shall be construed to mean compensation
paid or payable for personal services, 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 com-
pensation.
(b) If, after a court has issued a civil order directing child
support be paid, or having received notice of the final determination
of his support obligation, or having entered into a written agreement
with the department to provide child support as provided in Code
Section 19-11-15, the responsible parent fails to make the support
payments within 30 days of the due date specified by the court order
for child support of a civil nature, by the final determination or by a
court order in affirmance of the final determination, or by the written
support agreement, then the department shall be entitled to the
process of garnishment of disposable earnings as in cases where
judgment has been obtained or shall be authorized to issue an order to
withhold and deliver.
(c) Except in cases of a court order for child support of a civil
nature, prior to the institution of garnishment proceedings or the
issuance of an order to withhold and deliver, the department shall
conduct a hearing to determine finally:
1818
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Whether the responsible parent has a defense or other
legal excuse for his failure to make support payments; and
(2) The amount of support payments which are due and
owing.
(d) The responsible parent shall be given at least 15 days notice
of the hearing required by subsection (c) of this Code section, which
notice shall specify the amount of support payments claimed to be
overdue.
(e) After a final determination required by subsection (c) of this
Code section that the responsible parent had no legal excuse for
failing to make support payments when due, the department shall be
authorized to initiate garnishment proceedings of disposable earnings
under subsection (f) of this Code section or issue an order to withhold
and deliver disposable earnings under subsection (g) of this Code
section.
(f) Pursuant to subsection (e) of this Code section, the depart-
ment may initiate garnishment proceedings by causing to be made an
affidavit stating the amount claimed to be due and attaching thereto
a certified copy of the final determination. Bond shall not be
required. All subsequent proceedings shall be the same as provided by
law in relation to garnishments in other cases where judgment has
been obtained.
(g) (1) Pursuant to subsection (e) of this Code section, the
department may issue to any employer of the responsible parent
an order to withhold and deliver to the department the disposable
earnings which are due, owing, or belonging to the responsible
parent; provided, however, that the maximum part of the aggre-
gate disposable earnings of the responsible parent which may be
subject to such an order shall not exceed that amount which is
allowed by law to be subject to garnishment. The order to with-
hold and deliver shall be served at the same time on the employer
and on the responsible parent either personally or by certified
mail, return receipt requested, and shall include a statement as to
the legal authority of the department to make such an order, the
amount of the debt owing to the department, the amount of
disposable earnings to be withheld and delivered to the depart-
ment, and a summary of subsection (a) of this Code section and
paragraph (2) of this subsection. Any employer of the responsible
GEORGIA LAWS 1983 SESSION
1819
parent upon whom service is made is required to answer the order
to withhold and deliver within 20 days, exclusive of the day of
service, under oath and in writing, and shall file true answers to
the matters inquired of therein. Based upon the answer filed by
the employer, the department shall determine whether to rescind
or continue the order to withhold and deliver. In the event there is
in the possession of the employer any portion of the disposable
earnings of the responsible parent which may be subject to the
claim of the department under this article, the amount shall be
withheld immediately upon receipt of the order to withhold and
deliver and shall, after the 20 day period, be delivered forthwith to
the department. The order to withhold and deliver shall continue
to operate and require each employer to withhold and deliver to
the department such amount of disposable earnings at each
succeeding earnings disbursement interval until the entire over-
due amount of the child support debt has been paid or until the
department, after a redetermination based on change of circum-
stances, shall release the employer from the order to withhold and
deliver. Delivery by the employer to the department of disposable
earnings ordered to be withheld shall serve as full compliance with
this article.
(2) Any employer which fails to answer an order to withhold
and deliver within the time prescribed in this subsection or fails or
refuses to deliver money pursuant to the order shall be liable to
the department in an amount equal to 100 percent of the value of
the debt which is the basis of the order, together with costs,
interest, and reasonable attorney fees.
Section 3. Said article is further amended by striking Code
Section 19-11-23, relating to authority of district attorneys, and
inserting in its place a new Code section to read as follows:
19-11-23. The district attorneys of this state shall be autho-
rized to render such assistance to the department as the department
may request and to file and prosecute, in any of the several courts of
this state or of the United States, such civil or criminal actions on
behalf of the department as may be necessary to ensure the proper
enforcement of this article. In those cases in which the department
contracts with the district attorneys of this state for services pursuant
to this title, the department shall not require non-AFDC services in
the collection of child support as a condition for contracting with the
district attorneys.
1820
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said article is further amended by adding at the end
of Code Section 19-11-8, relating to support enforcement services, a
new subsection (c) to read as follows:
(c) The department shall develop a sliding scale application fee
based on the applicants income. The fee schedule will be reflected in
standards established by the board but may be altered by the board in
order to provide flexibility; and it is intended that the fee schedule be
equitable and designed to recoup costs as nearly as possible. No fee
for services shall be required if such requirement would result in the
loss of federal funds to the department or any other entity. The fee
will be required for the provision of non-AFDC services and will be in
favor of the contracted district attorney in any circuit where that
district attorney elects to include the non-AFDC collection in any
contract with the department. In those cases where the district
attorney does not contract for the non-AFDC function and it is
performed under contract on behalf of the department, such fees shall
be handled in accordance with Code Section 45-12-92. It is expressly
provided that this subsection is supplementary to and not in dero-
gation of any other provisions of the law.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1983.
PRIVATE COLLEGES AND UNIVERSITIES
FACILITIES AUTHORITY ACT AMENDED.
Code Title 20, Chapter 3 Amended.
No. 564 (House Bill No. 432).
AN ACT
To amend Article 6 of Chapter 3 of Title 20, known as the Private
Colleges and Universities Facilities Authority Act, so as to change
GEORGIA LAWS 1983 SESSION
1821
the short title; to redefine certain terms and define new terms; to
change the name of the authority; to provide for loan assistance to
students or parents or both to finance the attendance of students at
institutions for higher education; to authorize the authority to issue
revenue bonds for such purposes; 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 6 of Chapter 3 of Title 20, known as the
Private Colleges and Universities Facilities Authority Act, is
amended by striking Code Section 20-3-200, relating to the short title,
in its entirety and substituting in lieu thereof a new Code Section 20-
3-200 to read as follows:
20-3-200. This article may be cited as the Private Colleges and
Universities Authority Act.
Section 2. Said article is further amended by striking Code
Section 20-3-201, relating to definitions, in its entirety and substitut-
ing in lieu thereof a new Code Section 20-3-201 to read as follows:
20-3-201. As used in this article, the term:
(1) Authority means the Private Colleges and Universities
Authority created by this article and any successor or successors
thereto. Any change in name or composition of the authority shall
in no way affect the vested rights of any person under this article.
(2) Bond, bonds, or revenue bonds means revenue bonds
of the authority issued under this article, including revenue
refunding bonds, notwithstanding that such bonds may be
secured by a mortgage or the full faith and credit of a participating
institution for higher education or any other lawfully pledged
security of a participating institution for higher education.
(3) Borrower means any student who has received an
education loan or any parent who has received or agreed to repay
an education loan.
1822
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Construction project means a structure or structures
available for use as a dormitory or other student housing facility; a
dining hall; student union; administration building; academic
building; library; laboratory; research facility; classroom; athletic
facility; health care facility; maintenance, storage, or utility facil-
ity; and other structures or facilities related thereto or required or
useful for the instruction of students or the conducting of research
or the operation of an institution of higher education, whether
proposed, under construction, or completed, including parking
and other facilities or structures essential or convenient for the
orderly conduct of such institution for higher education; shall also
include landscaping, site preparation, furniture, equipment and
machinery and other similar items necessary or convenient for the
operation of a particular facility or structure in the manner for
which it is intended but shall not include any items the costs of
which are customarily deemed to result in a current operating
charge and shall not include any facility used or to be used for
sectarian instruction or as a place of religious worship nor any
facility which is used or to be used primarily in connection with
any part of the program of a school or department of divinity for
any religious denomination. Construction project also means any
one or more buildings or structures owned, leased, or operated by
an institution for higher education, including, without limitation,
hospitals; clinics; extended-care facilities; emergency-care facili-
ties; out-patient facilities; alcohol and drug detoxification facili-
ties; training facilities for nurses, interns, physicians, dentists, or
other staff members; housing for nurses, residents, and interns;
medical and dental office facilities; and other structures or facili-
ties related thereto or required or useful for such purposes,
whether proposed, under construction, or completed, including
parking and other facilities or structures essential or convenient
for such purposes; and shall also include landscaping, site prepara-
tion, furniture, equipment and machinery, and other similar items
necessary or convenient for the operation of a particular facility or
structure in the manner for which it is intended but shall not
include any items the costs of which are customarily deemed to
result in a current operation charge. The term construction
project also means and includes the acquisition, construction,
improvement, or modification of any property, whether real or
personal, which shall be suitable for or used as or in connection
with an exhibition hall, museum, or other structure or structures
for the display by an institution of higher education of the works
of its students or faculty or of professional or other artists.
GEORGIA LAWS 1983 SESSION
1823
(5) Cost, as applied to a project or any portion thereof
financed under this article, means, if such project is a construction
project, all or any part of the cost of construction, acquisition,
alteration, enlargement, reconstruction, and remodeling of a con-
struction project, including all lands, structures, real or personal
property, rights, rights of way, franchises, easements, permits,
approvals, licenses, and certificates and the securing of such
permits, approvals, licenses, and certificates, and interests
acquired or used for or in connection with a construction project;
the cost of demolishing or removing any buildings or structures on
land so acquired, including the cost of acquiring any lands to
which such buildings or structures may be moved; the cost of all
machinery and equipment; financing charges; underwriters com-
missions or discounts; interest prior to, during, and for a period of
six months following estimated completion of such construction
and acquisition; provisions for reserves for principal and interest
and for extensions, enlargements, additions, and improvements;
the cost of architectural, engineering, financial, and legal services,
plans, specifications, studies, surveys, estimates of cost and reve-
nues; administrative expenses; expenses necessary or incident to
determining the feasibility or practicability of constructing the
construction project; and such other expenses as may be necessary
or incident to the construction and acquisition of the construction
project, the financing of such construction and acquisition, and
the placing of the construction project in operation. If such
project is an education loan program, the term cost, as applied to
a project or portion thereof financed under the provisions of this
article, means all or any part of the moneys needed to fund the
loan program and the expenses of administration and operation of
such education loan program, including the fees and expenses of
persons engaged by the authority or by a participating institution
for higher education to originate or service education loans or to
conduct financial feasibility studies. All funds paid or advanced
for any of the purposes aforesaid by any institution for higher
education prior to the issuance of any of the authoritys revenue
bonds may be refunded to such institution out of the proceeds of
any revenue bonds so issued. 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 article for
such project.
1824
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Cost of attendance means the amount defined by the
participating institution for higher education for the purpose of
the guaranteed student loan program as defined in Title IV, Part
B, of the Higher Education Act of 1965, 20 U.S.C.A. Section 1071
et seq., as said statute existed on January 1,1983.
(7) Education loan means a loan which is made by a
participating institution for higher education pursuant to this
article to a student or parents, or both, in amounts not in excess of
the maximum amounts specified in this paragraph to finance the
students attendance at such institution. The maximum loan
amount shall not exceed:
(A) In the case of a borrower who is a student, the
students cost of attendance for the period of time for which
the loan is made minus the following amounts applicable to
such period of time:
(i) The amount of grant which the student
receives under the federal Pell Grant program authorized
under Title IV, Part A, of the Higher Education Act of
1965,20 U.S.C.A. Section 1070 et seq., whether or not the
student has made application for such grant;
(ii) The maximum net guaranteed student loan
proceeds which the student receives pursuant to Title IV,
Part B, of the Higher Education Act of 1965, 20 U.S.C.A.
Section 1071 et seq., whether or not the student has made
application for such loan;
(iii) The amount of scholarships, grants, or other
nonrepayable assistance received by the student from
government agencies, educational institutions, or private
institutions or organizations; and
(iv) The amount of loan proceeds which the stu-
dent receives pursuant to Title IV, Part E, of the Higher
Education Act of 1965, 20 U.S.C.A. Section 1087aa et
seq.; and
(B) In the case of a borrower who is a parent, the
students cost of attendance minus:
GEORGIA LAWS 1983 SESSION
1825
(i) The amounts determined pursuant to sub-
paragraph (A) of this paragraph; and
(ii) The amount of loan, if any, which the student
receives pursuant to this article.
(8) Education loan program means a program for making
education loans from moneys provided by the authority instituted
by any one or more participating institution or institutions for
higher education.
(9) Institution for higher education means a nonprofit
educational institution which is not owned or controlled by the
state or any political subdivision, agency, instrumentality, dis-
trict, or municipality thereof, which provides a program of educa-
tion beyond the high school level and which:
(A) Admits as regular students only individuals having
a certificate of graduation from a high school, or the recog-
nized equivalent of such a certificate;
(B) Provides an educational program for which it
awards a bachelors degree or provides an educational pro-
gram, admission into which is conditioned upon the prior
attainment of a bachelors degree or its equivalent, for which
it awards a postgraduate degree, or provides not less than a
two-year program which is acceptable for full credit toward
such a degree; and
(C) Is accredited by a nationally recognized accrediting
agency or association or, if not so accredited, is an institution
whose credits are accepted, on transfer, by the university
system and its educational units for credit on the same basis
as if transferred from an institution so accredited,
or any nonprofit corporation organized, controlled, and adminis-
tered by such an institution for the purpose of making education
loans to students of such institution; provided, however, that a
nonprofit educational institution which is otherwise an institution
for higher education as defined in this paragraph shall be deemed
to be an institution for higher education notwithstanding such
institutions maintenance of a special early-admission policy for
gifted high school students.
1826
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Parent or parents means any parent or guardian or the
parents or guardians of a student at a participating institution for
higher education.
(11) Project means a construction project or an education
loan program, or both, as the case may be.
(12) Property means any real, personal, or mixed property
or any interest therein, including, without limitation, any real
estate, appurtenances, buildings, easements, equipment, furnish-
ings, furniture, improvements, machinery, rights of way, and
structures, or any interest therein.
(13) Revenues means, with respect to any project, the rents,
purchase installments, loan repayment proceeds, fees, charges,
and other moneys derived by the authority therefrom in connec-
tion with the lease, sale, or financing thereof.
(14) Student means any individual who possesses a certifi-
cate of admission or enrollment at a participating institution for
higher education and who satisfies any requirements established
by such institution with respect to participation in the education
loan program maintained by such institution.
Section 3. Said article is further amended by striking Code
Section 20-3-202, relating to the creation of the Private Colleges and
Universities Facilities Authority, in its entirety and substituting in
lieu thereof a new Code Section 20-3-202 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 Authority, 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 IV, Paragraph
VII 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
GEORGIA LAWS 1983 SESSION
1827
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. 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 quali-
fied 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 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 author-
ity 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.
Section 4. Said article is further amended by striking code
Section 20-3-203, relating to the purpose, powers, and duties of the
authority, in its entirety and substituting in lieu thereof a new Code
Section 20-3-203 to read as follows:
20-3-203. The purpose of the authority shall be to assist institu-
tions for higher education. The exercise by the authority of the
powers conferred by this article shall be deemed and held to be the
performance of an essential public function. For the purpose of this
article, the authority shall have the powers and duties set forth in this
Code section:
(1) To adopt an official seal and alter the same at its
pleasure;
(2) To bring or defend any action;
(3) To maintain an office at such place or places as it may
designate;
1828
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) To determine the location and character of any con-
struction project financed under this article; to acquire, construct,
reconstruct, remodel, maintain, manage, enlarge, alter, add to,
repair, operate, lease as lessee or lessor, sell, or otherwise dispose
of any construction project in any manner it deems to the best
advantage of the authority and the purposes thereof and to insure
such construction project against any and all risks as such insur-
ance may, from time to time, be available; to enter into contracts
for any or all of such purposes; and to permit participating
institutions for higher education to perform all of the foregoing as
the authoritys agent. Contracts entered into by the authority may
be negotiated and shall not be subject to any laws governing public
contracts or requiring competitive bidding;
(5) To finance projects for participating institutions for
higher education through the issuance of authority revenue bonds
and the lending of such revenue bond proceeds to the partici-
pating institution for higher education under such loan agree-
ments or repayment contracts as the authority deems necessary or
appropriate;
(6) To issue revenue bonds of the authority for any of its
corporate purposes and to fund or refund them, all as provided in
this article;
(7) To fix and revise from time to time and charge and
collect rates, rents, purchase payments, fees, and charges for the
use and for the services furnished or to be furnished by a project or
any portion thereof or in connection with the financing thereof;
and to contract with this state and its agencies, instrumentalities,
departments, and political subdivisions and any person, partner-
ship, association, or corporation or other body, public or private,
in respect thereto;
(8) To establish rules and regulations for use of or eligibility
for any project or any portion thereof; to designate a participating
institution for higher education as its agent to establish rules and
regulations for the use of or eligibility for a project undertaken for
that participating institution for higher education; and to estab-
lish rules, regulations, and policies necessary, appropriate, or
convenient for the administration of its affairs, the execution of its
powers, duties, and functions, and the accomplishment of its
corporate purposes;
GEORGIA LAWS 1983 SESSION
1829
(9) To employ consulting engineers, architects, attorneys,
bond counsel, accountants, construction and financial experts,
fiscal agents, superintendents, managers, such entities as the
authority shall deem necessary to provide education loan originat-
ion and administration assistance to the authority or to a partici-
pating institution for higher education with respect to any educa-
tion loan program, and such other employees and agents as may be
necessary in its judgment and to fix their compensation; provided,
however, that all costs, fees, and expenses incurred in connection
with the employment of any persons as permitted by this para-
graph shall not be an obligation of the state or any political
subdivision thereof but must be payable solely from the proceeds
of obligations issued by the authority or from revenues received by
the authority from participating institutions for higher education
as reimbursement for its administrative costs and expenses;
(10) To receive and accept from any source, other than state
or local public funds, loans, contributions, gifts, or grants for or in
aid of the construction of a project or any portion thereof in either
money, property, labor, or other things of that value; and, when
required, to use such funds, property, or labor only for the
purposes for which it was loaned, contributed, given, or granted;
(11) To make loans to any participating institution for higher
education for the cost of a project in accordance with a financing
agreement between the authority and the participating institution
for higher education, provided that no such loans shall exceed the
total cost of the project as determined by the participating institu-
tion for higher education and approved by the authority;
(12) To make loans to a participating institution for higher
education to refund outstanding obligations or advances issued,
made, or given by such participating institution for higher educa-
tion for the cost of the project;
(13) To charge to and apportion among participating institu-
tions for higher education the administrative costs and expenses
incurred by the authority in the exercise of the powers and duties
conferred upon it by this article;
(14) To borrow money for any of its corporate purposes and
to issue negotiable revenue bonds in the manner more fully set
forth in Code Section 20-3-204, which revenue bonds shall be
1830
GENERAL ACTS AND RESOLUTIONS, VOL. I
payable solely from funds pledged for that purpose; and to provide
for the payment of such bonds and for the rights of the holders
thereof;
(15) To pledge, mortgage, or convey by deed to secure debt,
chattel mortgage, or bill of sale to secure debt all or any portion of
any construction project and any other educational facilities
conveyed to the authority for such purpose and the site or sites
thereof, whether presently owned or subsequently acquired, for
the benefit of the holders of the bonds of the authority issued to
finance such construction project or any portion thereof or issued
to refund or refinance outstanding indebtedness of a participating
institution for higher education as permitted by this article;
(16) To issue bonds for the purpose of refunding or refinanc-
ing the outstanding indebtedness of a participating institution for
higher education, whether or not outstanding prior to or after
April 4, 1978, provided that such indebtedness was originally
incurred for the purpose of paying the cost of a project as defined
in this article;
(17) To exercise any power usually possessed by private
corporations performing similar functions, provided the exercise
of such power is not in conflict with the Constitution and laws of
this state;
(18) To invest any accumulation of its funds and any sinking
fund or reserves in any manner that public funds of this state or its
political subdivisions may be invested; and
(19) To do all things necessary or convenient to carry out the
powers expressly given in this article and any amendment hereto.
Section 5. Said article is further amended by striking subsection
(a) of Code Section 20-3-204, relating to the issuance of revenue
bonds by the authority, in its entirety and substituting in lieu thereof
a new subsection (a) to read as follows:
(a) The authority is authorized 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 Code
Section 20-3-202 of any of its projects. Such bonds may also be issued
to pay off, refund, or refinance any outstanding bonds or other
GEORGIA LAWS 1983 SESSION
1831
obligations of any nature owed by the authority, whether or not such
revenue bonds or other obligations shall then be subject to redemp-
tion, and the authority may provide for such arrangements as it may
determine for the payment and security of the revenue bonds being
issued or for the payment and security of the revenue bonds or other
obligations to be paid off, refunded, or refinanced. The principal,
premium, if any, and interest of such revenue bonds shall be payable
solely from the revenues, receipts, and earnings to be received by the
authority in connection with the lease, sale, financing arrangement, or
other disposition of the project for which the revenue bonds were
issued. All revenue bonds issued by the authority are declared to be
negotiable for all purposes, notwithstanding their payment from a
limited source and without regard to any other law or laws. The
authority may limit the negotiability of its obligations by issuing
them in nonnegotiable or registered form or by providing for future
registration under such terms and conditions as it may choose.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1983.
ANNUAL SALARIES OF CERTAIN STATE
OFFICIALS CHANGED.
Code Section 45-7-4 Amended.
No. 565 (House Bill No. 189).
AN ACT
To amend Code Section 45-7-4 of the Official Code of Georgia
Annotated, relating to annual salaries and allowances of certain state
1832
GENERAL ACTS AND RESOLUTIONS, VOL. I
officials, so as to change certain of such salaries and allowances; to
provide for matters relative thereto; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-7-4 of the Official Code of Georgia
Annotated, relating to annual salaries of certain state officials, is
amended by striking paragraphs (2), (4), (7), (11), (12), and (14) of
subsection (a) in their entirety and inserting in lieu thereof the
following:
(2) Lieutenant Governor...... 39,900.00
(4) Commissioner of Agriculture. 49,900.00
(7) Commissioner of Insurance ... 49,900.00
(11) Each member of the Public Service
Commission.......... 49,900.00
(12) State Revenue Commissioner.........
49,900.00
(14) Secretary of State......... 49,900.00
Section 2. Said Code section is further amended by striking the
first undesignated paragraph of paragraph (22) of subsection (a) in its
entirety and inserting in lieu thereof the following:
Each member of the General Assembly shall also
receive the allowances provided by law,
except that each member shall receive an
expense allowance in the sum of $59.00
per day and shall receive the same mile-
age allowance for the use of a personal
car when devoted to official business as
that received by other state officials and
employees.
GEORGIA LAWS 1983 SESSION
1833
Section 3. Said Code section is further amended by striking the
second undesignated paragraph of paragraph (22) of subsection (a) in
its entirety and inserting in lieu thereof the following:
In addition to any other compensation and allow-
ances authorized 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 Assem-
bly in an amount not to exceed $4,800.00
per year. For the purposes of the preced-
ing sentence, a year shall be construed to
begin on the convening date of the Gen-
eral 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, utili-
ties, postage (which shall not be used for
a political newsletter), communications,
stationery, lodging, meals, travel, and
per diem differential. Per diem differen-
tial 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 4. This Act shall become effective July 1,1983.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1983.
1834
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA PUBLIC REVENUE CODE AMENDED.
Code Title 48 Amended.
No. 566 (House Bill No. 421).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, the
Georgia Public Revenue Code, so as to change the name of a
committee; to provide procedures for appeals of assessments to the
State Board of Equalization; to provide for perfection of service of
notice of assessment by refused or unclaimed mail; to provide for
execution and levy to collect fees, licenses, penalties, interest, and
collection costs due the state; to provide for the time of attachment of
and priority of tax liens; to provide procedures for preventing tax
executions from becoming dormant; to provide for jurisdiction over
garnishments on tax executions; to provide for entry of satisfaction of
tax executions; to provide for liability of successors to businesses with
unpaid withholding tax or sales and use tax; to provide criminal
penalties for failure to comply with a notice of delinquency of income
tax withholding, for failure to comply with special accounting proce-
dures for income tax withholding, and for willfully failing to file
required motor fuel tax reports; to fix the rates of excise taxation on
cigars and cigarettes; 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. Title 48 of the Official Code of Georgia Annotated,
the Georgia Public Revenue Code, is amended by striking subsec-
tions (a), (c) and (d) of Code Section 48-2-18, relating to the State
Board of Equalization, and inserting in their place new subsections to
read as follows:
(a) There is established a board composed of the Attorney
General, the commissioner, the state auditor, the chairman of the
Ways and Means Committee of the House of Representatives, and
the chairman of the Banking and Finance Committee of the Senate
which is authorized to settle and compromise any proposed tax
assessment, any final tax assessment, or any tax fi. fa., the collection
of which, because of the insolvency of the taxpayer or the question-
GEORGIA LAWS 1983 SESSION
1835
able legal position of the state, is doubtful and the settlement or
compromise of which is in the best interests of the state. A majority of
the board shall be empowered to settle and compromise. The
commissioner shall keep a record of all settlements and compromises
made and the reasons for each settlement and compromise.
(c) As chairman and chief administrative officer of the board,
the commissioner shall furnish to the board all necessary records and
files and in this capacity may compel the attendance of witnesses and
the production of books and records or other documents as he is
empowered to do in the administration of the tax laws. After final
approval by the State Board of Equalization of the digest of proposed
assessments made by the commissioner and after any adjustments by
the board as authorized by this Code section are made, the commis-
sioner shall notify within ten days each taxpayer in writing of the
proposed assessment of its property and shall state in the notice that
the taxpayer shall have 20 days after the date on which the notice was
mailed in which to submit to the commissioner a written appeal of the
proposed assessed valuation and request a hearing on the appeal.
(d) (1) If a timely appeal and request for a hearing is not made,
the proposed assessment shall become final and conclusive at the
close of the twentieth day after the notice was mailed. Except as
otherwise specifically provided by law for one or more of the
classes of persons who return their properties to the commis-
sioner, the due date for the payment of taxes and the accrual of
interest and penalty shall be as provided by laws applicable to
property taxpayers generally.
(2) If a timely appeal and request for a hearing is made, the
taxpayer shall pay as they would become due in the absence of an
appeal all taxes which are not disputed, based upon the values
stated in the taxpayers return and any other basis for relief
authorized by state or federal law, together with any applicable
interest and penalty. During the pendency of the appeal before
the State Board of Equalization and any subsequent judicial
review interest shall accrue at the rate provided by Code Section
48-2-40 on all unpaid amounts that are finally determined to be
payable.
(3) The State Board of Equalization shall have jurisdiction
to hear and determine all issues raised by the taxpayer in the
appeal. The board shall make findings of fact and conclusions of
law and issue an order embodying its decision.
1836
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The State Board of Equalization may conduct hearings
itself or it may appoint one or more hearing officers on a full or
part-time basis to conduct hearings and prepare recommended
dispositions for consideration by the board. The board acting
through the commissioner and its hearing officers shall have
authority to:
(A) Administer oaths and affirmations;
(B) Sign and issue subpoenas for trial and for discovery
and otherwise authorize and regulate discovery in proceed-
ings before the board by the same methods prescribed by law
for discovery in civil actions in the superior courts of this
state;
(C) Rule upon offers of proof;
(D) Regulate the course of hearings, including their
time, place, and any continuances thereof;
(E) Take official notice of judicially recognizable facts;
(F) Receive and consider nonprivileged matters not
strictly admissible under the rules of evidence, giving them
such weight as appears proper in the circumstances; and
(G) Reprimand and exclude from a hearing any person
for indecorous or improper conduct committed at or during a
hearing.
(5) If any person willfully fails or refuses to obey a subpoena
issued pursuant to paragraph (4) of this subsection, it shall be the
duty of the judge of the superior court of any county, upon
application of the board or the hearing officer, to issue an attach-
ment for such witness and compel him to attend and give his
testimony upon such matters as shall be lawfully required; and
said court shall have power to punish for contempt as in other
cases of refusal to obey the process and order of such court and in
case of a failure to make discovery by a party may impose
sanctions under Code Section 9-11-37.
(6) (A) In every case, the taxpayer shall be given not less
than 20 days notice of a hearing before a hearing officer, a
GEORGIA LAWS 1983 SESSION
1837
hearing before the board, or a hearing by the board on the
findings and recommendations of the hearing officer. Unless
waived, a complete record of proceedings shall be made at
each such hearing.
(B) In the case of a hearing before a hearing officer, the
taxpayer shall be given a copy of the findings and recommen-
dations of the hearing officer.
(C) In the case of a hearing by the board on the findings
and recommendations of a hearing officer, the taxpayer may
file with the board written objections and may appear before
the board to argue such objections.
(D) In every case, a copy of the final decision of the
board shall be delivered to the taxpayer by personal service or
by registered or certified mail, return receipt requested.
(7) The notice and appeal procedures provided for in this
Code section shall not apply to any decision of the board relating
to the assessed value of motor vehicle property.
(e) The taxpayer may appeal the final decision of the board to
the superior court given jurisdiction by subsection (a) of Code Section
48-2-59. Such an appeal may be initiated by an appeal filed by the
taxpayer with the board within 30 days of service or receipt of the
decision of the board. The board should certify the appeal and the
record before the board within 30 days of receipt of the taxpayers
appeal. The review in superior court shall be on the record certified by
the board and shall be limited to the issues specified in the taxpayers
appeal to the board. The decision of the board shall be taken as prima
facie correct and the superior court shall affirm if the decision is
supported by substantial evidence on the record as a whole. As used
in this subsection, the term substantial evidence means such rele-
vant evidence as a reasonable mind might accept as adequate to
support a conclusion.
Section 2. Said title is further amended by striking paragraph
(3) of subsection (b) of Code Section 48-2-45, relating to service of
notices of tax assessment, and inserting in its place a new paragraph
to read as follows:
1838
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) If no return receipt is on file or if notice is returned through
the mail, the notice shall be by personal service; except that, if the
notice mailed by registered, certified, or first-class mail, as provided
in this subsection, is returned through the mail as refused or
unclaimed, the notice shall be sufficiently served.
Section 3. Said title is further amended by striking subsection
(c) of Code Section 48-2-55, relating to attachment and garnishment
for delinquent taxes, and inserting in its place a new subsection to
read as follows:
(c) In case of neglect or refusal by a taxpayer to pay any taxes,
fees, licenses, penalties, interest, or collection costs due the state, the
commissioner or his authorized representative may levy upon all
property and rights to property belonging to the taxpayer, except
such as are exempt by law, for the payment of the amount due,
together with interest on the amount, any penalty for nonpayment,
and such further amount as shall be sufficient for the fees, costs, and
expenses of the levy. As used in this subsection, the term property
and rights to property includes, but is not limited to, any account in
or with a financial institution.
Section 4. Said title is further amended by striking Code Section
48-2-56 which reads as follows:
48-2-56. (a) Except as otherwise provided in this Code sec-
tion, liens for all taxes due the state or any county or municipality in
the state shall cover the property of taxpayers liable to tax from the
time fixed by law for valuation of the property in each year until such
taxes are paid and shall cover the property of tax collectors or tax
commissioners and their sureties from the time of giving bond until
all the taxes for which they are responsible are paid. Liens for taxes
are superior to all other liens and shall rank among themselves as
follows:
(1) Taxes due the state;
(2) Taxes due counties of the state;
(3) Taxes due school or other special tax districts of the
state; and
GEORGIA LAWS 1983 SESSION
1839
(4) Taxes due municipal corporations of the state.
(b) The lien for taxes imposed by Article 1 of Chapter 9 of this
title shall not have priority as against:
(1) Any bona fide mortgagee, holder, or transferee of a deed
to secure debt; or
(2) Any pledgee, judgment creditor, or purchaser of or from
persons liable for the tax imposed by Article 1 of Chapter 9 of this
title;
where the rights of such mortgagee, holder, or transferee of a deed
to secure debt, pledgee, judgment creditor, or purchaser have
attached prior to the time notice of the lien has been filed by the
commissioner in the office of the superior court of the county in which
the principal place of business is located or in the county where
property of the person liable for payment of the motor fuel tax is
located.
(c) Liens for taxes shall not be changed by this chapter and shall
be the same as existed prior to January 1,1980.
(d) The lien for any ad valorem tax shall not be superior to the
title and operation of a security deed when the tax represents an
assessment upon property of the taxpayer other than that property
specifically covered by the title and operation of a security deed.
(e) The lien of a specific or occupation tax shall not be superior
to the title and operation of a security deed recorded prior to the time
the execution for the tax has been entered on the general execution
docket in the office of the clerk of the superior court of the county in
which the affected property is located.
(f) When real property located within this state is transferred
between the date on which the tax lien on the property vests and the
date on which the tax evidenced by the tax lien becomes due and
payable, the tax lien on the transferred property shall not extend to
cover any other real property of the transferor.
(g) A person who is a dealer under Chapter 8 of this title, relating
to sales and use taxation, shall be considered to be a taxpayer for the
purposes of this Code section with respect to any liability of the dealer
for sales and use tax collections.,
1840
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in its place a new Code Section 48-2-56 to read as
follows:
48-2-56. (a) Except as otherwise provided in this Code sec-
tion, liens for all taxes due the state or any county or municipality in
the state shall arise as of the time the taxes become due and unpaid
and all tax liens shall cover all property in which the taxpayer has any
interest from the date the lien arises until such taxes are paid.
(b) Except as otherwise provided in this Code section, liens for
taxes are superior to all other liens and shall be paid before any other
debt, lien, or claim of any kind. Liens for taxes shall rank among
themselves as follows:
(1) Taxes due the state;
(2) Taxes due counties of the state;
(3) Taxes due school and other special tax districts of the
state; and
(4) Taxes due municipal corporations of the state.
(c) The lien for taxes imposed by Article 1 of Chapter 9 of this
title, relating to motor fuel taxes, shall not have priority as against:
(1) Any bona fide mortgagee, holder, or transferee of a deed
to secure debt; or
(2) Any pledgee, judgment creditor, or purchaser of or from
persons liable for the tax imposed by Article 1 of Chapter 9 of this
title;
where the rights of such mortgagee, holder, or transferee of a deed
to secure debt, pledgee, judgment creditor, or purchaser have
attached prior to the time notice of the lien has been filed by the
commissioner in the office of the superior court of the county in which
the principal place of business is located or in the county where
property of the person liable for payment of the motor fuel tax is
located.
(d) (1) Liens for any ad valorem taxes shall cover the property
of taxpayers liable to tax from the time fixed by law for valuation
GEORGIA LAWS 1983 SESSION
1841
of the property in each year until such taxes are paid and shall
cover the property of tax collectors or tax commissioners and their
sureties from the time of giving bond until all the taxes for which
they are responsible are paid.
(2) The lien for any ad valorem tax shall not be superior to
the title and operation of a security deed when the tax represents
an assessment upon property of the taxpayer other than property
specifically covered by tbe title and operation of the security deed.
(3) When real property located within this state is trans-
ferred between the date on which any ad valorem tax lien on the
property vests and the date on which the tax evidenced by the tax
lien becomes due and payable, the ad valorem tax lien on the
transferred property shall not extend to cover any other real
property of the transferor.
(e) The lien for taxes imposed by the provisions of Article 2 of
Chapter 7 of this title, relating to certain income taxes, shall:
(1) Arise and cover all property of the taxpayer as of the
time a tax execution for these taxes is entered upon the general
execution docket; and
(2) Not be superior to the lien of a prior recorded instru-
ment securing a bona fide debt.
Before the lien provided for in this subsection shall attach to real
property it shall be recorded in the county where the real property is
located.
(f) The lien for taxes imposed by the provisions of Article 5 of
Chapter 7 of this title, relating to withholding taxes, shall:
(1) Arise and attach to all property of the defaulting
employer on the date of the assessment of tbe taxes by operation
of law or by action of the commissioner;
(2) Not be superior to the lien of a prior recorded instru-
ment securing a bona fide debt; and
(3) Not be superior to the lien of a subsequent bona fide
purchaser or lender for value recorded prior to the time the
1842
GENERAL ACTS AND RESOLUTIONS, VOL. I
execution for the tax has been entered on the general execution
docket in the office of the superior court of the county in which the
property affected is located.
Before the lien provided for in this subsection shall attach to real
property it shall be recorded in the county where the real property is
located.
(g) (1) The lien of a specific or occupation tax shall not be
superior to the title and operation of a security deed recorded
prior to the time the execution for the tax has been entered on the
general execution docket in the office of the clerk of the superior
court of the county in which the affected property is located.
(2) As used in this subsection the term specific or occupa-
tion tax means all state, county, and municipal taxes and all state
licenses and fees except:
(A) The taxes imposed by Article 1 of Chapter 9 of this
title;
(B) Ad valorem taxes;
(C) The taxes imposed by Article 2 of Chapter 7 of this
title; and
(D) The taxes imposed by Article 5 of Chapter 7 of this
title.
The term includes, but is not limited to, sales and use taxes,
corporate net worth taxes, estate taxes, real-estate transfer taxes,
taxes on financial institutions, alcohol and tobacco taxes, road
taxes on motor carriers, excise taxes, license fees, tax liabilities of
corporate officers and business successors, and tax collections of a
person who is a dealer under Chapter 8 of this title relating to sales
and use taxation.
(h) Liens for taxes existing prior to the effective date of this
Code section shall not be changed by this Code section. On and after
the effective date of this Code section this Code section shall govern
the time of creation of all tax liens and the priority of all tax liens.
GEORGIA LAWS 1983 SESSION
1843
Section 5. Said title is further amended by striking Code Section
48-3-1, relating to levy of tax executions, and inserting in its place a
new Code section to read as follows:
48-3-1. The commissioner may issue an execution for the col-
lection of any tax, fee, license, penalty, interest, or collection costs due
the state. The execution shall be directed to all and singular sheriffs
of this state or to the commissioner or his authorized representatives
and shall command them to levy upon the goods, chattels, lands, and
tenements of the taxpayer. Each sheriff shall execute the execution as
in cases of writs of execution from the superior courts. Whenever any
writ of execution has been issued by the commissioner, the taxpayer,
in order to obtain a determination of whether the tax is legally due,
may tender to the levying officer his affidavit of illegality to the
execution and, upon his payment of the tax if required as a condition
precedent by the law levying the tax or upon his giving a good and
solvent bond in such an amount to cover the total of any adverse
judgment plus costs where the law does not require the payment of
the tax as a condition precedent, the levying officer shall return the
affidavit of illegality, except as otherwise provided by law, to the
superior court of the county of the taxpayers residence. The affidavit
of illegality shall be summarily heard and determined by the court.
Section 6. Said title is further amended by striking subsection
(a) of Code Section 48-3-12, relating to garnishments on tax execu-
tions, and inserting in its place a new subsection to read as follows:
(a) When any tax collector or tax commissioner can find no
property belonging to a defendant on which to levy any tax execution
in his hands, he shall make an entry to that effect on the execution.
The tax collector or tax commissioner then may issue summons of
garnishment against any person whom he believes to be indebted to
the defendant or who has property, money, or effects in his hands
belonging to the defendant. The summons of garnishment shall be
served by the tax collector, tax commissioner, the sheriff, the sheriff s
deputy, or any constable of the county in which the garnishee resides.
The summons shall be served at least 15 days before the sitting of the
court to which the summons is made returnable and shall be returned
to either the superior court or the state court of the county in which
the tax collector or tax commissioner holds office.
Section 7. Said title is further amended by striking paragraph
(2) of Code Section 48-3-21, relating to period of limitation for tax
executions, which reads as follows:
1844
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) In cases of executions and entries on executions issued on
judgments, the time of the last entry upon the tax execution by the
officer authorized to execute and return the execution if the execution
and entry are properly entered or reentered upon the execution
docket and books in which executions and entries are required to be
entered or reentered, or both.,
and inserting in its place a new paragraph to read as follows:
(2) The time of the last entry upon the tax execution by the
officer authorized to execute and return the execution if the execution
and entry are properly entered or reentered upon the execution
docket or books in which executions issued on judgments and entries
on executions issued on judgments are required to be entered or
reentered.
Section 8. Said title is further amended by adding a new Code
Section 48-3-28 to read as follows:
48-3-28. An entry of satisfaction shall be made on the execution
docket as soon as reasonably possible after a tax execution has been
fully satisfied.
Section 9. Said title is further amended by striking Code Section
48-7-106, relating to withholding tax statements, and inserting in its
place a new Code section to read as follows:
48-7-106. (a) On or before February 28 of each year for the
preceding calendar year or on or before the thirtieth day after the
date on which the final payment of wages is made by an employer who
has ceased to pay wages, an employer shall file with the commissioner
an annual or a final return, as the case may be, on a form prescribed
by the commissioner. The employer shall attach to the return copies
of the receipts required to be furnished under Code Section 48-7-105
for the period covered by the return.
(b) The commissioner may grant a reasonable extension of time,
not exceeding 30 days, for filing the annual or final return required by
this Code section.
(c) If an employer liable for any withholding tax, interest, or
penalty levied pursuant to this chapter sells out his business or stock
of goods or equipment or quits the business, he shall file the final
GEORGIA LAWS 1983 SESSION
1845
return as required in subsection (a) of this Code section. The
employers successor or assigns, if any, shall withhold a sufficient
amount of the purchase money to cover the amount of the withhold-
ing taxes, interest, and penalties due and unpaid until the former
owner provides a receipt from the commissioner showing that the
taxes, interest, and penalties have been paid or a certificate from the
commissioner stating that no withholding taxes, interest, or penalties
are due.
(d) If the purchaser of a business or stock of goods or equipment
fails to withhold the purchase money as required by this Code section,
he shall be personally liable for the payment of the withholding tax,
interest, and penalties accruing and unpaid by any former owner or
assignor. The personal liability of the purchaser in such a case shall
not exceed the amount of the total purchase money, but the property
being transferred shall in all cases be subject to the full amount of the
tax lien arising from the delinquencies of the former owner.
Section 10. Said title is further amended by adding at the end of
Code Section 48-7-127, relating to income tax withholding penalties
and interest, two new subsections to read as follows:
(h) (1) It shall be unlawful for any person to violate the
provisions of subsection (c) of Code Section 48-7-108 with respect
to notice of delinquency.
(2) Any person who violates paragraph (1) of this subsection
with respect to notice of delinquency shall be guilty of a misde-
meanor.
(i) (1) It shall be unlawful for any person to fail to comply with
a notice of the commissioner requiring compliance with subsection
(b) of Code Section 48-7-109.1, providing for special accounting
under the current income tax payment law.
(2) In addition to other penalties provided by law, any
person who violates paragraph (1) of this subsection shall be guilty
of a misdemeanor unless there was a reasonable doubt as to
whether the law required collection of the tax or as to who was
required by law to collect the tax or the failure to comply was due
to circumstances beyond his control.
1846
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) For the purposes of this subsection, a lack of funds
existing immediately after the payment of wages, whether or not
created by the payment of such wages, shall not be considered to
be circumstances beyond the control of a person.
Section 11. Said title is further amended by striking Code
Section 48-8-46, relating to final return and payment of sales and use
tax, and inserting in its place a new Code section to read as follows:
48-8-46. If any dealer liable for any tax, interest, or penalty
imposed by this article sells out his business or stock of goods or
equipment or quits the business, he shall make a final return and
payment within 15 days after the date of selling or quitting the
business. The dealers successor or assigns, if any, shall withhold a
sufficient amount of the purchase money to cover the amount of the
taxes, interest, and penalties due and unpaid until the former owner
produces either a receipt from the commissioner showing that the
taxes, interest, and penalties have been paid or a certificate from the
commissioner stating that no sales and use taxes, interest, or penalties
are due. If the purchaser of a business or stock of goods or equipment
fails to withhold the purchase money as required by this Code section,
he shall be personally liable for the payment of any sales and use
taxes, interest, and penalties accruing and unpaid by any former
owner or assignor. The personal liability of the purchaser in such a
case shall not exceed the amount of the total purchase money, but the
property being transferred shall in all cases be subject to the full
amount of the tax lien arising from the delinquencies of the former
owner.
Section 12. Said title is further amended by striking Code
Section 48-9-46, relating to criminal offenses involving motor fuel
taxes, and inserting in its place a new Code section to read as follows:
48-9-46. (a) It shall be unlawful for any person willfully and
knowingly to make a false statement orally or in writing or in the form
of a receipt for the sale of motor fuel for the purpose of obtaining or
attempting to obtain or assisting any other person to obtain or
attempt to obtain a credit, refund, or reduction of liability for taxes
under this article.
(b) It shall be unlawful for any person required by this article to
make a report willfully to fail to make such report at the time required
by law.
GEORGIA LAWS 1983 SESSION
1847
(c) Any person who violates subsection (a) or subsection (b) of
this Code section shall be guilty of a misdemeanor.
Section 13. Said title is further amended by striking subsection
(a) of Code Section 48-11-2, relating to excise taxation of cigars and
cigarettes, which reads as follows:
(a) An excise tax, in addition to all other taxes of every kind
imposed by law, is imposed upon the sale, receipt, purchase, posses-
sion, consumption, handling, distribution, or use of cigars and ciga-
rettes in this state at the following rates:
(1) Two mills each on little cigars weighing not more than
three pounds per thousand;
(2) Cigars retailing for:
(A) 3 1/3$ each or less. 1.5 mills
each
(B) More than 3 1/3$ each and not
exceeding 5$
each....3.0 mills
each
(C) More than 5$ each and not
exceeding 8$
each....4.0 mills
each
(D) More than 8$ each and not
exceeding 10$
each....7.5 mills
each
(E) More than 10$ each and not
exceeding 20$
each....15.0 mills
each
(F) More than 20$ each.. 20.0 mills each
1848
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Cigarettes 12c per pack of 20 cigarettes and a like
rate, pro rata, for other size packages.,
and inserting in its place a new subsection (a) to read as follows:
(a) An excise tax, in addition to all other taxes of every kind
imposed by law, is imposed upon the sale, receipt, purchase, posses-
sion, consumption, handling, distribution, or use of cigars and ciga-
rettes in this state at the following rates:
(1) Little cigars weighing not more than three pounds per
thousand: two mills each;
(2) All other cigars: 15 percent of the wholesale cost price,
exclusive of any trade, cash, or other discounts or any promotion,
advertising, display, or similar allowances;
(3) Cigarettes: 12c per pack of 20 cigarettes and a like rate,
pro rata, for other size packages.
Section 14. This Act shall become effective July 1,1983, except
that the provisions of subsection (a) of Code Section 48-2-18 con-
tained in Section 1 shall become effective upon its approval by the
Governor.
Section 15. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 6,1983.
GEORGIA LAWS 1983 SESSION
1849
AD VALOREM TAXATION DATE OF MAKING
RETURNS, ETC., CHANGED.
Code Title 48, Chapter 5 Amended.
No. 567 (House Bill No. 530).
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 date for making tax returns; to change the date for filing
application for homestead exemption; to provide that it shall be
unlawful for any person, firm, or corporation to solicit, either directly
or by mail or advertisement, any other person for the purpose of filing
on behalf of such other person the application and schedule for
homestead exemption if a fee is charged therefor; to provide for 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 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, relating to the time
for making tax returns, in its entirety and substituting 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 April 1 of each year.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 48-5-45, relating to application for homestead
exemptions, in its entirety and inserting in lieu thereof a new subsec-
tion (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 April 1 and, in the case of
an exemption from taxes levied by a consolidated city-county govern-
ment, on or before April 1 of the year in which exemption from
1850
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. Said Code Section is further amended by adding at
the end thereof a new subsection (e) to read as follows:
(e) It is unlawful for any person, firm, or corporation to solicit,
either directly or by mail or advertisement, any other person for the
purpose of filing on behalf of such other person the application and
schedule for homestead exemption required by this Code section if a
fee is charged for filing such application and schedule on behalf of
such other person. A violation of this subsection shall be a misde-
meanor.
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 April 8,1983.
AD VALOREM TAXATION OF REAL PROPERTY
DEVOTED TO BONA FIDE AGRICULTURAL PURPOSES.
Code Title 48, Chapter 5 Amended.
No. 568 (House Bill No. 230).
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
GEORGIA LAWS 1983 SESSION
1851
provide for preferential assessment of tangible real property which is
devoted to bona fide agricultural purposes; to provide conditions of
such assessment and penalties for breach of such conditions; to state
legislative intent; 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. It is the intent of this Act to implement certain
changes imposed by Article VII, Section I, Paragraph III, subpara-
graph (c) of the Constitution of the State of Georgia.
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 striking Code Section 48-5-7 and inserting in its place a
new Code section to read as follows:
48-5-7. (a) Except as otherwise provided in this Code section,
taxable tangible property shall be assessed at 40 percent of its fair
market value and shall be taxed on a levy made by each respective tax
jurisdiction according to 40 percent of the propertys fair market
value.
(b) Tangible real property which is devoted to bona fide agricul-
tural purposes as defined in this chapter and which otherwise con-
forms to the conditions and limitations imposed in this chapter shall
be assessed for ad valorem property tax purposes at 75 percent of the
value which other tangible real property is assessed and shall be taxed
on a levy made by each respective tax jurisdiction according to said
assessment.
(c) The requirement contained in this Code section that all tax
jurisdictions assess taxable tangible property at 40 percent of fair
market value shall not apply to any tax jurisdiction whose ratio of
assessed value to fair market value exceeded 40 percent for the tax
year 1971. No tax jurisdiction so exempted shall assess at a ratio of
less than 40 percent except as necessary to effect the preferential
assessment provided in subsection (b) of this Code section.
(d) Each notice of ad valorem taxes due sent to taxpayers of
counties and municipalities shall include both the fair market value
1852
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the property of the taxpayer which is subject to taxation and the
assessed value of the property after being reduced as provided by this
Code section.
Section 3. Said article is further amended by adding a new Code
Section 48-5-7.1 to read as follows:
48-5-7.1. (a) For purposes of this article, tangible real prop-
erty which is devoted to bona fide agricultural purposes
(1) Is tangible real property, the primary use of which is
good faith commercial production from or on the land of agricul-
tural products, including horticultural, floricultural, forestry,
dairy, livestock, poultry, and apiarian products and all other
forms of farm products; but
(2) Includes only the value which is $100,000.00 or less of
the fair market value of tangible real property which is devoted to
the storage or processing of agricultural products from or on the
property; and
(3) Excludes the entire value of any residence located on the
property.
(b) No property shall qualify for the preferential ad valorem
property tax assessment provided for in subsection (b) of Code
Section 48-5-7 unless:
(1) It is owned by one or more natural or naturalized
citizens; or
(2) It is owned by a family-farm corporation, the controlling
interest of which is owned by individuals related to each other
within the fourth degree by civil reckoning, and such corporation
derived 80 percent or more of its gross income for the year
immediately preceding the year in which application for preferen-
tial assessment is made from bona fide agricultural pursuits
carried out on tangible real property located in this state, which
property is devoted to bona fide agricultural purposes.
(c) No property shall qualify for said preferential assessment if
such assessment would result in any person who has a beneficial
interest in such property, including any interest in the nature of stock
GEORGIA LAWS 1983 SESSION
1853
ownership, receiving in any tax year any benefit of preferential
assessment as to more than 2,000 acres. If any taxpayer has any
beneficial interest in more than 2,000 acres of tangible real property
which is devoted to bona fide agricultural purposes, such taxpayer
shall apply for preferential assessment only as to 2,000 acres of such
land.
(d) No property shall qualify for preferential assessment unless
and until the owner of such property agrees by covenant with the
appropriate taxing authority to maintain the eligible property in bona
fide agricultural purposes for a period of at least ten years beginning
on the first day of January falling after the date of his application for
preferential assessment and ending on the last day of December of the
tenth year of the covenant period. After the expiration of any ten-
year covenant period, the property shall not qualify for further
preferential assessment until and unless the owner of the property
enters into a renewal covenant for an additional period of ten years.
(e) No property shall maintain its eligibility for preferential
assessment unless a valid covenant remains in effect and unless the
property is continuously devoted to bona fide agricultural purposes
during the entire period of the covenant.
(f) If any change in ownership of such qualified property occurs
during the covenant period, all qualification requirements must be
met again before the property shall be eligible to be continued for
preferential assessment. If ownership of the property is acquired
during a covenant period by a person qualified to enter into an
original covenant, by a newly formed corporation the stock in which is
owned by the original covenantor or others related to the original
covenantor within the fourth degree by civil reckoning, or by the
personal representative of an owner who was a party to the covenant
then the original covenant may be continued by such acquiring party
for the remainder of the term in which event no breach of the
covenant shall be deemed to have occurred.
(g) A penalty shall be imposed under this subsection if, during
the first nine years of the period of the original covenant, excluding
renewals, entered into by a taxpayer, the covenant is breached. The
amount of the penalty shall be computed as follows:
(1) If the property has received preferential assessment for
fewer than five tax years, multiply the total amount by which such
1854
GENERAL ACTS AND RESOLUTIONS, VOL. I
preferential assessment has reduced taxes otherwise due for those
years times:
(A) A factor of five if the property has received prefer-
ential assessment for one year;
(B) A factor of 2.5 if the property has received preferen-
tial assessment for two years;
(C) A factor of 1.66 if the property has received prefer-
ential assessment for three years; or
(D) A factor of 1.25 if the property has received prefer-
ential assessment for four years; or
(2) If the property has received preferential assessment for
five or more tax years, total the amount by which such preferential
assessment has reduced taxes which would have otherwise been
due for:
(A) The five tax years for which preferential assess-
ment was granted if the property has received preferential
assessment for five years;
(B) The four most recent tax years for which preferen-
tial assessment was granted if the property has received
preferential assessment for six years;
(C) The three most recent tax years for which preferen-
tial assessment was granted if the property has received
preferential assessment for seven years;
(D) The two most recent tax years for which preferen-
tial assessment was granted if the property has received
preferential assessment for eight years; or
(E) The one most recent tax year for which preferential
assessment was granted if the property has received preferen-
tial assessment for nine years; and
(3) Multiply the amount determined under paragraph (1) or
(2) of this subsection times a factor of three.
GEORGIA LAWS 1983 SESSION
1855
(h) A penalty imposed under subsection (g) of this Code section
shall bear interest at the rate specified in Code Section 48-2-40 from
the date the covenant is breached.
(i) Penalties and interest imposed under this Code section shall
constitute a lien against the property and shall be collected as other
unpaid ad valorem taxes are collected. Such penalties and interest
shall be distributed pro rata to each taxing jurisdiction wherein the
preferential assessment has been granted based upon the total
amount by which such preferential assessment has reduced taxes for
each such taxing jurisdiction on the property in question as provided
in this Code section.
(j) The penalty imposed by subsection (g) of this Code section
shall not apply in any case where a covenant is breached solely as a
result of:
(1) The acquisition of part or all of the property under the
power of eminent domain;
(2) The sale of part or all of the property to a public or
private entity which would have had the authority to acquire the
property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(k) All applications for preferential assessment, including the
covenant agreement required under this Code section, shall be filed
before January 1 of the tax year for which such preferential assess-
ment shall be first applicable. Applications for preferential assess-
ment shall be filed with the county board of tax assessors who shall
approve or deny the application. If the application is denied, the
board of tax assessors shall notify the applicant in the same manner
that notices of assessment are given pursuant to Code Section 48-5-
306. Appeals from the denial of an application by the board of tax
assessors shall be made in the same manner that other property tax
appeals are made pursuant to Code Section 48-5-311.
(l) The Commissioner shall by regulation provide uniform appli-
cation and covenant forms to be used in making application for
preferential assessment. Such application shall include an oath or
affirmation by the taxpayer that he has not at any time received, or
made a pending application for, preferential assessment in the same
1856
GENERAL ACTS AND RESOLUTIONS, VOL. I
or another county with respect to any property which taken together
with property for which application is then being made exceeds 2,000
acres.
(m) The Commissioner shall annually submit a report to the
Governor and members of the General Assembly which shall show the
fiscal impact of the preferential assessment provided for in this Code
section. The report shall include the amount of assessed value
eliminated from each countys digest as a result of the preferential
assessment; approximate tax dollar losses, by county, to all local
governments affected by such preferential assessment; and any rec-
ommendations regarding state and local administration of this Code
section, with emphasis upon enforcement problems, if any, attendant
with this Code section. The report shall also include any other data or
facts which the commissioner deems relevant.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval and shall
apply to all tax years beginning on or after January 1,1984.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 8,1983.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
CREDITS FOR PRIOR SERVICE.
Code Title 47, Chapters 2 and 6 Amended.
No. 570 (House Bill No. 107).
AN ACT
To amend Code Section 47-2-96 of the Official Code of Georgia
Annotated, relating to credit for the Employees Retirement System
GEORGIA LAWS 1983 SESSION
1857
of Georgia for prior service, so as to provide credit for certain military
service; to provide for contributions; to provide that credit for such
military service shall not be used to qualify for retirement because of
involuntary separation; to amend Chapter 6 of Title 47 of the Official
Code of Georgia Annotated, relating to the Georgia Legislative
Retirement System, so as to add a new definition of prior service; to
allow prior service credit for military service during any period when a
military draft was in effect for members who were honorably dis-
charged from military service; to provide for other matters relative
thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-2-96 of the Official Code of Georgia
Annotated, relating to credit for the Employees Retirement System
of Georgia for prior service, is amended by adding at the end thereof a
new subsection (g) to read as follows:
(g) Anything in this chapter to the contrary notwithstanding,
any member who was on active duty in the armed forces of the United
States at any time from January 1,1954, until December 31,1956, as
determined by the persons official military records, may purchase
such active duty military service credit, exclusive of reserve service,
by paying the required employee contributions on the compensation
last paid to the member as an employee prior to entering military
service or the compensation first paid to the member as an employee
after returning from military service plus 15 percent interest on said
employee contributions, compounded annually to date of payment;
provided, however, that no service in the armed forces shall be
deemed as creditable under any provisions of this subsection if such
service has or will be used in the determination of any members
eligibility for retirement benefits or allowances from any other state
or federal retirement program, excluding social security and those
retirement programs covered under the provisions of Title 10 of the
United States Code, Public Law 810,80th Congress, as amended. To
be eligible to receive credit for military service under this subsection,
the individual shall purchase such credit prior to January 1, 1984.
Under no circumstances shall credit for military service obtained
pursuant to the authority of this subsection be used to qualify for
retirement as a result of involuntary separation.
Section 2. Chapter 6 of Title 47 of the Official Code of the
Official Code of Georgia Annotated, relating to the Georgia Legisla-
1858
GENERAL ACTS AND RESOLUTIONS, VOL. I
tive Retirement System, is amended by adding between paragraphs
(8) and (9) of Code Section 47-6-1, relating to definitions, a new
paragraph (8.1) to read as follows:
(8.1) Prior service shall also include military service which is
creditable under Code Section 47-6-70.1 of this chapter.
Section 3. Said Chapter 6 of Title 47 is further amended by
adding immediately following Code Section 47-6-70 a new Code
Section 47-6-70.1 to read as follows:
47-6-70.1. Any member who served on active duty in the armed
forces of the United States during any period when a military draft
was in effect and who was honorably discharged from military service
may receive prior service credit under this chapter for such active
duty military service subject to the following conditions and require-
ments:
(1) This Code section shall apply only to those members
who have eight or more years of creditable service under this
chapter;
(2) Prior service credit for military service under this Code
section may be obtained under a ratio of one year of credit for
military service for each five years of creditable service, not
considering creditable service under this Code section, or, for
military service of less than a full year, under a ratio of credit for
one month of military service for each five months of creditable
service;
(3) No prior service credit for military service may be
obtained under this Code section if credit for such military service
has been or may be obtained under any other provison of this
chapter;
(4) No prior service credit for military service may be
obtained under this Code section if such military service has or
may be used in the determination of the members eligibility for
retirement benefits or allowances under any other state retire-
ment or pension system, any retirement or pension system of a
political subdivision, or any federal retirement or pension pro-
gram, except social security and those retirement programs cov-
ered under Public Law 810,80th Congress, as amended;
GEORGIA LAWS 1983 SESSION
1859
(5) The total amount of prior service credit for military
service may not exceed five years for all military service which is
creditable as prior service under this chapter; and
(6) The member must pay to the board of trustees the
regular employee contribution of 7 1/2 percent of compensation
based on the compensation received by members of the General
Assembly during legislative sessions at the time the military
service was rendered plus interest on such employee contributions
at the rate of 7 percent per annum compounded annually from the
time the military service was rendered until the date of payment.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 8,1983.
STATE EMPLOYEES; TEACHERS AND PUBLIC
SCHOOL EMPLOYEES RETIREMENT LAW
AMENDED.
Code Title 47 Amended.
No. 571 (House Bill No. 273).
AN ACT
To amend Code Section 47-2-1 of the Official Code of Georgia
Annotated, relating to definitions under the Employees Retirement
System of Georgia, so as to change the provisions relative to the
definition of employee; to amend Chapter 3 of Title 47 of the Official
Code of Georgia Annotated, relating to the Teachers Retirement
System of Georgia, so as to provide for a new definition; to change the
provisions relative to the definition of a teacher; to provide that
certain personnel may elect membership in the Employees Retire-
ment System of Georgia; to amend Code Section 47-4-101 of the
1860
GENERAL ACTS AND RESOLUTIONS, VOL. I
Official Code of Georgia Annotated, relating to retirement benefits
under the Public School Employees Retirement System, so as to
change the provisions relating to the amount of the retirement
benefit; 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 47-2-1 of the Official Code of Georgia
Annotated, relating to definitions under the Employees Retirement
System of Georgia, is amended by adding between paragraphs (16)
and (17) a new paragraph (16.1) to read as follows:
(16.1) The word employee may include new certified profes-
sional personnel employed on and after July 1,1983, for the first time
by the State Board of Education or by the State Department of
Education only if such personnel elect membership in the retirement
system pursuant to subsection (h) of Code Section 47-3-60. As used in
this paragraph, the term certified professional personnel shall have
the meaning provided for in paragraph (8.1) of Code Section 47-3-1.
Section 2. Chapter 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System of Georgia, is
amended by adding between paragraphs (8) and (9) of Code Section
47-3-1, relating to definitions, a new paragraph (8.1) to read as
follows:
(8.1) Certified professional personnel means employees of the
State Board of Education or the State Department of Education who,
by policy of the State Board of Education, are required to possess a
valid professional certificate issued by the State Department of
Education.
Section 3. Said chapter is further amended by striking subpara-
graph (F) of paragraph (28) of Code Section 47-3-1, relating to
definitions, in its entirety and substituting in lieu thereof a new
subparagraph (F) to read as follows:
(F) Any new certified professional personnel employed for the
first time by the State Board of Education or by the State Depart-
ment of Education on and after July 1, 1983, unless such personnel
elect membership in the Employees Retirement System of Georgia
pursuant to subsection (h) of Code Section 47-3-60, and any employee
GEORGIA LAWS 1983 SESSION
1861
of the State Board of Education or the State Board of Vocational
Education employed in a teaching, supervisory, or clerical capacity;.
Section 4. Said chapter is further amended by adding at the end
of Code Section 47-3-60, relating to membership in the retirement
system, a new subsection (h) to read as follows:
(h) New certified professional personnel employed for the first
time by the State Board of Education or by the State Department of
Education on and after July 1, 1983, shall become members of the
retirement system as a condition of employment, unless such person-
nel elect membership in the Employees Retirement System of
Georgia at the time of their employment. Such election shall be made
in writing to the board of trustees of this retirement system and to the
board of trustees of the Employees Retirement System of Georgia.
Once such election is made by such personnel, the election is irrevoca-
ble during the tenure of employment with the State Board of Educa-
tion or the State Department of Education. The State Board of
Education shall provide by regulation for informing prospective
employees who are to be employed as certified professional personnel
of the option provided for by this subsection so that such personnel
may choose membership in this retirement system or the Employees
Retirement System of Georgia at the time of their employment.
Section 5. Code Section 47-4-101 of the Official Code of Georgia
Annotated, relating to retirement benefits under the Public School
Employees 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) Upon retirement on his normal retirement date, a member
shall receive a monthly retirement benefit, payment of which shall
commence on his normal retirement date and which shall be payable
on the first day of each month thereafter during his lifetime. The
amount of each monthly retirement payment shall be $8.00 multi-
plied by the number of the members years of creditable service. The
retirement benefit provided under this subsection shall be payable to
those members who have already retired under this chapter as well as
those members who retire in the future. If the General Assembly at
any time appropriates some but not all of the funds necessary to fund
the retirement benefits provided for in this subsection, then the
retirement benefit otherwise payable under this subsection shall be
reduced pro rata by the board in accordance with the funds actually
1862
GENERAL ACTS AND RESOLUTIONS, VOL. I
appropriated by the General Assembly for such purpose, but in no
event shall the retirement benefit be less than $7.00 multiplied by the
members years of creditable service.
Section 6. Sections 1 through 4 of this Act shall become effective
on July 1,1983. Section 5 of this Act shall become effective when the
General Assembly appropriates the necessary funds to carry out the
provisions of Section 5.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 8,1983.
1863
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 7, 1983
Joe Frank Harris
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 91, 147 and 225 which were passed
by the General Assembly of Georgia at the 1983 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.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
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 Max Cleland, Secretary of State
1864
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 7, 1983
Joe Frank Harris
Governor
Honorable Thomas B. Murphy
Speaker, House of Representatives
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 92, 332, 479, and 707 which were
passed by the General Assembly of Georgia at the 1983 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.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
Enclosures
cc: Honorable Zell Miller, Leiutenant 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 Max Cleland, Secretary of State
1865
Veto No. 1H. B. 479 by Representatives Lawson, Wood and
Jackson of the 9th
House Bill 479 is a charter for the City of Lula, Georgia. This
is a local bill and due to technical defects in the legislation, the
local delegation has requested that I veto the bill. For this rea-
son, I am vetoing House Bill 479.
Veto No. 2H. B. 707 by Representative Groover of the 99th
House Bill 707 is an attempt to address a problem legislatively
which simply cannot be addressed by action of the General As-
sembly, absent ratification by the people of this state. The Su-
preme Court of Georgia has ruled that the assertion of interests
adverse to the state by state lawyer-legislators is violative of the
fiduciary duty imposed by the people of this state. This fiduci-
ary duty arises out of our state constitution which mandates
that public officers are the trustees and servants of the people.
No statutory enactment can modify the terms of this constitu-
tional provision. This requires a constitutional amendment. For
this reason, House Bill 707 is patently unconstitutional and I
must veto it.
Veto No. 3H. B. 332 by Representatives Hasty of the 8th;
Representative Darden of the 20th; and Repre-
sentative Snow of the 1st
House Bill 332 amends the law establishing, by population
bracketed categories, the minimum salary for clerks of the Supe-
rior Court in each county. It would raise the minimum salary for
such clerks in counties which fell within one particular popula-
tion bracket. Subsequent to the passage of H. B. 332, Senate Bill
182 passed which raised the minimum salary for clerks of the
Superior Court in all population brackets. After speaking with
the authors of H. B. 332, I have concluded that S. B. 182 is the
preferable vehicle to address the problem which H. B. 332 was
intended to address. For this reason, I am vetoing H. B. 332.
1866
Veto No. 4S. B. 225 by Senator Engram of the 34th
Senate Bill 225 provides for the release of patients records by
health service providers at the request of the patient. This bill
was passed in the House by floor substitute with a floor amend-
ment. The author of this bill objected to the House floor amend-
ment. The House receded from its position with respect to the
entire bill, thus leaving the bill in the form it passed the Senate.
As a result, critical provisions which were part of the House
Committee amendment were left out of the bill. For this reason,
the author has requested that I veto this bill.
Veto No. 5S. B. 91 by Senator Littlefield of the 6th
Senate Bill 91, in addition to containing certain procedural
and technical defects, represents a concept which I cannot coun-
tenance and the public will not tolerate in this day in time.
Procedurally, this bill is constitutionally defective by virtue of
being in violation of Article III, Section VII, Paragraph IV of the
Georgia Constitution which provides that, No law shall pass
which refers to more than one subject matter, or contains matter
different from what is expressed in the title thereof. Nowhere
in the title to this bill is there language which states that a re-
tiree may return to work full-time for compensation with the
University System without having his or her retirement benefits
reduced or affected. The title, as did the original bill, refers to
public officers and employees being authorized to teach evening
sports and recreation courses within the University System
under certain conditions. From no phrase or word in the title
could the General Assembly glean that, by passage of this bill,
they would be authorizing double dipping by state retirees.
Technically, this bill is in conflict with House Bill 606 which I
recently signed into law. House Bill 606 totally revamps the code
with respect to conflict of interests laws. The author of Senate
Bill 91 had the foresight to have his original bill incorporated
into House Bill 606 at the proper place. If signed into law, Sen-
ate Bill 91 would amend the definitional section of our new con-
flict of interests law and would make absolutely no sense due to
cross-references to a subsection which no longer exists.
1867
Conceptually, I have serious problems with the floor amend-
ment that was attached to Senate Bill 91 in the wanning days of
the session. The floor amendment authorizes any retiree of the
state to return to work as a teacher or instructor with the Uni-
versity System, full-time for full compensation, without affecting
such persons retirement benefits. The floor amendment is, pure
and simple, a retirement bill. It was not introduced during the
first ten days of the session. It was not reviewed by either the
Senate or House Retirement Committees. It had no fiscal note
attached. In short, it did not traverse the ordinary legislative
process retirement bills are required to go through.
Retired former employees of the state can presently return to
the service of the state. As a general rule, however, retirement
benefits are either suspended during such service or compensa-
tion for such service is reduced so that the retirement benefits
plus the compensation received do not exceed the earnable com-
pensation the retiree was receiving at his or her retirement. This
is fair.
I recently sponsored and signed into law a bill which amended
the Teachers Retirement System to authorize retired teachers
to return to the schools as part-time teachers aides or as substi-
tute teachers. This bill was reviewed by the House and Senate
Retirement Committees, had a fiscal note attached and passed
both houses. This will allow our school systems to draw on the
wisdom and experience of retired teachers for minimal compen-
sation while allowing the retired teacher to continue receiving
retirement benefits. This is fair.
To permit the type of broad scale double dipping that
would be authorized by Senate Bill 91, in my opinion, is not fair.
Furthermore, the public will not stand for it. It is this type of
sweetheart legislation that erodes public confidence in govern-
ment and makes the jobs of dedicated public servants harder.
For these reasons, I must veto Senate Bill 91.
Veto No. 6H. B. 92 by Representative Colbert of the 23rd
House Bill 92 is an attempt to expand the scope of the crime
of interference with government property to include the use of
government property for an indecent purpose. The bill also pro-
1868
vides that government property includes state property, county
property, municipal property, local school district property or
the property of any other political subdivision of this state. In-
advertently, property belonging to the various authorities of the
state and local governments was not included. Much of the
states property is deeded in the name of the Georgia Building
Authority and other authorities of the state. Due to this error, I
must veto House Bill 92.
Veto No. 7S. B. 147 by Senator Walker of the 19th; Senator
Cobb of the 28th; Senator English of the 21st
and others
Senate Bill 147 requires state and local governmental agencies
to give purchase and contract preference to domestic steel prod-
ucts in public works projects of more than $50,000.00, if the
purchase price of the domestic steel is not more than 10 percent
above the purchase price of nondomestic steel products. This
bill would also allow the Governor to suspend the operation of
the law if the preference proved to have a detrimental effect on
the economy of this state.
I am not unmindful of the problems facing our ailing domestic
steel industry and am not unsympathetic with their plight. This
nation is currently facing some hard economic times. These hard
economic times have probably exacerbated the problems of the
domestic steel industry. Many states have established the type
of product preferences represented by S. B. 147. In the long run,
I believe that these types of policies which create artificial mar-
kets will prove detrimental, not only to the economies of the
states that have enacted them, but to the domestic steel indus-
try itself.
As Governor, I have committed myself to creating jobs for
Georgians. This task involves attracting foreign industries and
encouraging foreign trade and investment in Georgia. If S. B.
147 were signed into law, it would create a protectionist image
for Georgia internationally and invite retaliatory policies by the
nations we disfavor. This would seriously impede our efforts to
bring new industry to this state and would mean fewer new jobs
for Georgians.
1869
I think that wisdom dictates that I veto S. B. 147. Our na-
tional economy can ill afford to have the individual states,
marching to the tunes of their own drummers, establishing inter-
national trade and importing policies. We would be well advised
to allow our national government to establish these policies,
based on what is best for the nation as a whole.
1870
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 8, 1983
Joe Frank Harris
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 110, 165, 212 and 277 which were
passed by the General Assembly of Georgia at the 1983 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.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
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 Max Cleland, Secretary of State
1871
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 8, 1983
Joe Frank Harris
Governor
Honorable Speaker Murphy
Speaker, House of Representatives
President of the Senate
State Capitol
Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bill 103 which were passed by the Gen-
eral Assembly of Georgia at the 1983 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.
With kindest regards, I remain
Sincerely,
/s/ Joe Frank Harris
Joe Frank Harris
JFH/rsb
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 Max Cleland, Secretary of State
1872
Veto No. 8S. B. 165 by Senator Kidd of the 25th
Senate Bill 165 contains many provisions finetuning and up-
dating our elections code with respect to voter registration and
absentee voting. In addition to these provisions, Section 22 of
the bill authorizes public utility corporations to establish and
administer a political action committee in order to receive and
solicit contributions to be used for the purpose of influencing the
outcome of elections for public office. In this same section, there
is a prohibition against a public utility corporation making any
contribution to a political campaign. Thus, this bill would allow
a public utility corporation to do indirectly, by political action
committee, that which it cannot do directly. For the following
reasons, I must veto Senate Bill 165.
Unlike private corporations, public utility corporations enjoy a
protected status in Georgia. In return for the State granting
public utility corporations monopolistic powers, the public util-
ity corporations agree to be regulated by the State. It is the re-
sponsibility of the State to insure that the power granted to reg-
ulated public monopolies not be abused.
The relationship between the regulator and the regulated is a
complex one. The legislative process is the arena in which this
relationship is defined. By its very nature, the legislative process
is a political one. By influencing the political process, the legisla-
tive process is necessarily influenced. I have a fundamental
problem with allowing a public utility corporation to inject itself
into the political process, directly or indirectly. I can think of no
greater potential for abuse than to allow the regulated to hold
sway over those who shape the regulatory environment. Even
the appearance of impropriety should not be allowed to taint
those upon whom quasi-public authority has been conferred.
I have no problem with any individual employee, officer or di-
rector employed by any public utility corporation making any
type of contribution on his or her own behalf to any political
campaign. This is their individual right to express their opinion
on matters of concern.
1873
Veto No. 9S. B. 110 by Senator Brown of the 47th; Senator
Kidd of the 25th and Senator Hill of the 29th
Senate Bill 110 amends the Legislative Retirement System so
as to increase the retirement benefits, upon retirement, of mem-
bers of that System. Presently, benefits upon retirement are cal-
culated by multiplying the number of years of creditable service
by sixteen dollars. Senate Bill 110 would increase that multiplier
to twenty dollars.
I do not oppose reasonable increases in the Legislative Retire-
ment System, or any other retirement system, when funds are
available and when all systems are treated with relative samel
ness. I can think of no issue which has captured as much media
and public attention during the first two months of my adminis-
tration as the retirement benefits of public officials. I do not in-
tend to foster or promote the growing public perception that
public officials are using the State Retirement System to feather
their own nests. This perception is not conducive to public confi-
dence in their public officials and their government, and it sim-
ply cannot be perpetuated.
Under the present economic conditions, where increases are
unable to be granted for other state retirement systems, I be-
lieve it would be improper to single out this sytem for an in-
crease at this time. For this reason I must veto Senate Bill 110.
Veto No. 10S. B. 277 by Senator Gillis of the 20th; Senator
Kennedy of the 4th and Senator Walker of the
19th
Senate Bill 277 requires state and local governmental agencies
to give purchase and contract preference to Georgia manufac-
tured lumber products in public works projects of more than
$50,000.00. Unlike Senate Bill 147, such preference is not re-
quired if the purchase price of Georgia manufactured lumber
products is higher than the purchase price of other domestic or
foreign made lumber products. Like Senate Bill 147, however,
Senate Bill 277 is in response to these difficult economic times in
attempting to create an artificial market for Georgia manufac-
tured lumber products.
1874
Presently, Georgia law expresses a preference, as far as may be
reasonable and practical, for the purchase of materials, supplies
and equipment which have been manufactured or produced in
this state. This preference has been in existence since 1933. To
legislatively reiterate this preference and, in addition, impose
substantial administrative burdens regarding the determination
of product origin on our state and local governmental agencies,
at this time is not appropriate. For this reason, I must veto Sen-
ate Bill 277.
Veto No. 11S. B. 212 by Senator Garner of the 30th and
Senator Barnes of the 33rd
Senate Bill 212 repeals that Code Section in the law which
defines naturopathy. This Code Section was left over from a
1950 Act of the General Assembly which created the Board of
Naturopathic Examiners. The provisions of the 1950 Act creat-
ing the Board were repealed in 1956; however, the aforestated
Code Section was left in the law in order to define naturopathy
for those persons who had been licensed by the Board prior to
1956.
In 1981, the Attorney General ruled that this Code Section
did not allow persons to practice naturopathic medicine in the
State of Georgia unless they had been previously licensed by the
original Board. This ruling is presently the subject of litigation.
It was obviously the intent of the 1983 General Assembly to
abolish the last vestige of the 1950 Act. Although I do not en-
dorse or condemn naturopathy, I feel that it is premature to
abolish this Code Section which is now in litigation. I think it
only fair, to leave the legal issues, now in litigation, exactly as
they were when the appeal was perfected from the district court
ruling. For this reason, I must veto Senate Bill 212.
In taking this action, I am not in any way trying to take the
side or justify the position that this Code Section allows unli-
censed individuals to practice medicine or naturopathy in this
state. I simply feel that in all fairness, we should allow the judi-
cial process to run its course.
1875
Veto No. 12H. B. 103 by Representative Padgett of the 86th
and Representative Groover of the 99th
Houe Bill 103 amends the law relative to the reporting of child
abuse so as to make it a misdemeanor for the news media to
make public the name of any child who is reported to have been
abused. Under present law, when it is discovered that a child
under the age of 18 has been abused, it is the responsibility of
the person who discovers such fact to report it to a child welfare
agency, or in the absence of such agency, to an appropriate po-
lice authority or district attorney.
The United States Supreme Court has ruled that the state
cannot restrict access to public records by the press. Reports
made to child welfare agencies reporting child abuse are made
confidential by law, thus such reports containing the names of
children reported to be abused are not in the public domain and
are properly excludable from public consumption. However,
once the child abuse case has been turned over to the District
Attorney for prosecution and the name of the child is contained
in the indictment or other public record, the name of that child
is in the public domain and the press cannot constitutionally be
threatened with criminal sanctions for publishing it.
I am in complete agreement with the intent of the author of
this bill. It is important that we protect the youthful victims of
crime and abuse to the greatest extent legally possible and that
we not further traumatize these child-victims. I tun aware, how-
ever, that there are certain constitutional limitations imposed on
the state when attempting to limit access to public records by
the press.
Thus while the intent of this bill is admirable, the effect, I
fear, is constitutionally impermissible. For this reason, I must
veto House Bill 103.
1876
COUNTIES AND SUPERIOR COURT CIRCUITS
1877
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of January 17, 1983
HAROLD N. HILL, JR........................................................Chief Justice
THOMAS O. MARSHALL............................................Presiding Justice
HAROLD G. CLARKE..............................................Associate Justice
GEORGE T. SMITH ..............................................Associate Justice
HARDY GREGORY, JR.............................................Associate Justice
CHARLES L. WELTNER............................................Associate Justice
RICHARD BELL..................................................Associate Justice
JOLINE BATEMAN WILLIAMS.......................................... Clerk
HAZEL E. HALFORD........................................ Deputy Clerk
GUY M. MASSEY.................................................Reporter
W. SCOTT HENWOOD....................................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of January 17, 1983
ARNOLD SHULMAN...............................................Chief Judge
BRASWELL D. DEEN, JR.....................................Presiding Judge
WILLIAM LeROY McMURRAY, JR.........................Presiding Judge
J. KELLEY QUILLIAN.................................Presiding Judge
HAROLD R. BANKE..............................................Judge
ANDREW W. BIRDSONG, JR.......................................Judge
GEORGE H. CARLEY.............................................Judge
JOHN W. SOGNIER .............................................Judge
MARION T. POPE, JR.......................................... Judge
ALTON HAWK...........................................Clerk
DONALD L. SHIVER..........................Special Deputy Clerk
GUY M. MASSEY........................................Reporter
W. SCOTT HENWOOD............................Assistant Reporter
1878
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS AND CALENDAR
As of January 17, 1983
ALAPAHA CIRCUIT.
HONS. W.D. KNIGHT, Chief Judge, Berrien County Courthouse
BROOKS E. BLITCH, Judge, Clinch County Courthouse
LEW S. BARROW, D.A., Berrien 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
LanierSecond 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 and November
ATLANTA CIRCUIT.
HONS. LUTHER ALVERSON, Chief Judge, Fulton County Courthouse
SAM PHILLIPS McKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD,
JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W.
DANIEL, ISAAC JENRETTE, CLARENCE COOPER, PHILIP F. ETHER-
IDGE, 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 EMORY FINDLEY, Judge, Tattnall County Courthouse
DAVID L. CAVENDER, Judge, Liberty County Courthouse
DUPONT KIRK 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 October
LongFirst Monday in March; third Monday in August
McIntoshFourth Monday in February and May; second Monday in September;
first Monday in December
TattnallThird Monday in April and October
1879
AUGUSTA CIRCUIT.
HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse
FRANKLIN H. PIERCE, ALBERT McELVEEN PICKETT, BERNARD J. MUL-
HERIN, 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 NEVILLE, 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. BLENN TAYLOR, JR., Judges, Glynn County
Courthouse
GLENN THOMAS, JR., D.A., Wayne County Courthouse
ApplingSecond and third Monday in February, third and fourth Monday in
October
CamdenFirst Monday in April and November
GlynnSecond Monday in January, May and September
Jeff DavisFirst and second Monday in March; fourth Monday in September; first
Monday in October
WayneThird and fourth Monday in April and November
CHATTAHOOCHEE CIRCUIT.
HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse
E. MULLINS WHISNANT, KENNETH B. FOLLOWILL, RUFE E. McCOMBS,
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
TaylorSecond Monday in February, June and October
1880
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. JOE C. CRUMBLEY, Chief Judge, Clayton County Courthouse
WILLIAM H. BILL ISON, STEPHEN E. BOSWELL, 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 L. WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, HAR-
RIS HINES, Judges, Cobb County Courthouse
TOM CHARRON, D.A., Cobb County Courthouse
CobbSecond Monday in January, March, May, July, September and November
CONASAUGA CIRCUIT.
HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse
CHARLES A. PANNELL, JR., Judge, Murray County Courthouse
WILLIAM T. BOYETT, Judge, Whitfield 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; third and fourth Monday in September and
Monday following.
CrispThird and fourth Monday in February and Monday following; second, third,
and fourth Monday in May; second and third Monday in August; second, third
and fourth Monday in November.
DoolyFourth Monday in January and Monday following; third and fourth Mon-
day 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 Mon-
day following; first and second Monday in December.
1881
COWETA CIRCUIT.
HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse
DEWEY SMITH, Judge, Carroll County Courthouse
WILLIAM LEE, Judge, Coweta 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
DOUGLAS CIRCUIT.
HONS. ROBERT J. NOLAND, Chief Judge, Post 1, Douglas County Courthouse
ROBERT J. BOB JAMES, Judge, Post 2, Douglas County Courthouse
FRANK C. WINN, D.A., Douglas County Courthouse
DouglasThird Monday in January and April, third Monday in July and October
DUBLIN CIRCUIT.
HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse
DUBIGNION (DUB) 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
1882
FLINT CIRCUIT.
HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse
WILLIAM H. (HAL) CRAIG, Judge, Henry County Courthouse
E. BYRON SMITH, D.A., Lamar County Courthouse
ButtsFirst and second Monday in February and November; first Monday in May;
third and fourth Monday in August
HenrySecond, third and fourth Monday in January, April, July and October
LamarFirst and second Monday in March, June and December; second and third
Monday in September
MonroeThird and fourth Monday in February, May and November; first and sec-
ond Monday in August
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, K. DAWSON JACKSON, Judges, Gwin-
nett 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
THERON 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
ChattoogaFirst Monday in February and August
DadeFirst Monday in April, second Monday in October
WalkerFirst Monday in May and November
1883
MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse
WALKER P. JOHNSON, JR., THOMAS DAY WILCOX, JR., Judges, Bibb
County Courthouse
BRYANT CULPEPPER, Judge, Peach County Courthouse
WILLIS B. SPARKS, III, 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
MIDDLE CIRCUIT.
HONS. WALTER C. McMILLAN, JR., Chief Judge, Washington County Courthouse
MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse
RICHARD A. MALONE, D.A., Emanuel County Courthouse
CandlerFirst and second Monday in February and August
EmanuelSecond Monday in January, April, July and October
JeffersonSecond Monday in May and November
ToombsFourth Monday in February, May, August and November
WashingtonFirst Monday in March, June, September and December
MOUNTAIN CIRCUIT.
HONS. JACK N. GUNTER, Presiding Judge, Habersham County Courthouse
ROBERT B. STRUBLE, Judge, Stephens County Courthouse
V. D. STOCKTON, D.A., Rabun County Courthouse
HabershamFirst Monday in January; fourth Monday in April; first Monday in
August
RabunThird Monday in February; fourth Monday in May; fourth Monday in
October
StephensSecond Monday in January; third Monday in May; first Monday in
September
TownsFirst Monday in April and November
UnionFourth Monday in February; second Monday in September
NORTHEASTERN CIRCUIT.
HONS. A. R. (DICK) KENYON, Chief Judge, Hall County Courthouse
JAMES E. PALMOUR, III, Judge, Hall County Courthouse
BRUCE UDOLF, D.A., Hall County Courthouse
DAWSONFirst Monday in February and August
HallFirst Monday in May and November; second Monday in January, March,
July and September
LumpkinFourth Monday in February and August
WhiteFirst Monday in April and October
1884
NORTHERN CIRCUIT.
HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse
GEORGE H. BRYANT, Judge, Hart County Courthouse
LINDSAY A. TISE, JR., D.A., Hart County Courthouse
ElbertThird Monday in January and fourth Monday in July
HartThird Monday in February and August
FranklinThird Monday in March and September
MadisonThird Monday in April and October
OglethorpeThird Monday in May and November
OCMULGEE CIRCUIT.
HONS. JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse
HUGH P. THOMPSON, Judge, Putnam County Courthouse
WILLIAM A. PRIOR, JR., Judge, 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, 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. WM. 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
1885
PATAULA CIRCUIT.
HONS. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse
LOWREY S. STONE, Judge, Early County Courthouse
CHARLES M. FERGUSON, D.A., Randolph County Courthouse
ClayThird Monday in March and November
EarlyThird Monday in January and July
MillerFourth Monday in February and October
QuitmanFourth Monday in March and September
RandolphFirst Monday in May and November
SeminoleSecond Monday in April and October
TerrellFirst Monday in June and December
PIEDMONT CIRCUIT.
HONS. JAMES L. JIM BROOKS, Judge, Jackson County Courthouse
TIMOTHY GRANT, D.A., Madison, Barrow 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
ROCKDALE CIRCUIT.
HONS. CLARENCE VAUGHN, Judge, Rockdale County Courthouse
ROBERT F. MUNFORD, D.A., Rockdale County Courthouse
RockdaleFirst Monday in January, April, July and October
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
FloydSecond Monday in January, March, July and September; first Monday in
May and November
SOUTH GEORGIA CIRCUIT.
HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse
WILLARD H. CHASON, Judge, Grady County Courthouse
J. BROWN MOSELEY, 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
1886
SOUTHERN CIRCUIT.
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse
W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse
ROY MILLER LILLY, Judge, Thomas County Courthouse
H. LAMAR COLE, D.A., Lowndes County Courthouse
BrooksFirst Monday in April and November
ColquittFirst Monday in February and August
EcholsFirst Monday in February and August
LowndesFirst Monday in March and the Tuesday immediately following the first
Monday in September
ThomasFirst Monday in April and October
SOUTHWESTERN CIRCUIT.
HONS. WILLIAM F. BLANKS, Presiding Judge, Sumter County Courthouse
THAD 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; Monday following the
fourth Thursday in November
WebsterFourth Monday in January and July
STONE MOUNTAIN CIRCUIT.
HONS. CLARENCE LEE PEELER, JR., Chief Judge, DeKalb County Courthouse
CURTIS V. TILLMAN, CLYDE HENLEY, KEEGAN FEDERAL, HILTON
FULLER, JAMES H. WEEKS, DAN COURSEY, Judges, DeKalb County
Courthouse
BOB WILSON, D.A., DeKalb County Courthouse
DeKalbFirst Monday in January, March, May, July, September and November
TALLAPOOSA CIRCUIT.
HONS. DAN P. WINN, Chief Judge, Polk County Courthouse
ARTHUR W. FUDGER, Judge, Paulding County Courthouse
W. A. (BILL) FOSTER, III, D.A., Paulding County Courthouse
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
1887
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
Worth-Fourth Monday in January, April, July and October
TOOMBS CIRCUIT.
HONS. ROBERT L. STEVENS, Chief Judge, McDuffie County Courthouse
E. PURNELL DAVIS, 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. ELIE L. HOLTON, Chief Judge, Coffee County Courthouse
CLARENCE D. BLOUNT, JOSEPH B. NEWTON, Judges, Ware County
Courthouse
DONNIE DIXON, D.A., Ware County Courthouse
BaconFourth Monday in May and November
BrantleyFirst Monday in February; first Tuesday in September
CharltonFourth Monday in February and September
CoffeeThird Monday in March and October
PierceFirst Monday in May; second Monday in December
WareSecond Monday in April and November
WESTERN CIRCUIT.
HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse
JOSEPH J. GAINES, Judge, Clarke County Courthouse
HARRY N. GORDON, D.A., Clarke County Courthouse
ClarkeSecond Monday in January, April, July and October
OconeeSecond Monday in March and September
1888
INDEX
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Vacancy Declared in Office When Elected Official Qualifies for Different Office ... 972
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Amendment Generally............................................. 3
Code Section 1-3-11; enacted................................................. 685
Code Title 2, Chapter 9; amended............................................. 831
Code Title 3, Chapters 3 and 4; amended...................................... 806
Code Title 3, Chapter 5; amended............................................ 1214
Code Title 3, Chapter 6; amended............................................ 1116
Code Section 3-8-1; amended ............................................... 759
Code Title 4, Chapter 6; amended............................................ 1161
Code Section 5-5-42; amended ................................................ 702
Code Section 6-3-21; amended ................................................ 647
Code Title 7, Chapter 1; amended........................................ 602, 661
Code Section 7-1-4; amended.................................................. 493
Code Section 7-1-37; amended .............................................. 532
Code Section 7-3-9; amended ............................................... 479
Code Title 7, Chapter 4; amended............................................ 1146
Code Section 7-4-21; enacted................................................ 1316
Code Section 8-2-135; amended ............................................... 456
Code Title 8, Chapter 3; amended............................................ 1228
Code Section 9-10-91; amended .............................................. 1304
Code Title 10, Chapter 1; amended........................................... 1470
Code Section 10-1-7; amended ............................................... 1430
Code Section 10-1-310; amended.............................................. 1468
Code Section 10-1-393; amended ............................................. 1298
Code Section 10-1-395; amended .............................................. 743
Code Title 10, Chapter 1, Article 22; enacted............................... 1548
Code Title 10, Chapter 4; amended............................................ 946
Code Section 10-5-3; amended ................................................ 781
Code Section 11-3-603; amended .............................................. 509
Code Title 12, Chapter 3; amended............................................ 623
Code Section 12-3-73; amended ............................................... 460
Code Section 12-3-235; amended ......................................... 643, 1213
Code Section 12-4-20; amended ............................................... 514
Code Title 12, Chapter 5; amended........................................... 1059
Code Section 12-5-134; amended .............................................. 478
Code Section 13-10-20; amended ............................................ 475
Code Title 14, Chapters 2 and 3; amended.................................... 1479
Code Section 14-2-141; amended ............................................ 1299
Code Section 14-4-21; amended ............................................... 506
Code Title 15, Chapter 1; amended............................................ 961
Code Title 15, Chapter 2; amended............................................ 956
Code Section 15-5-40; enacted................................................ 531
Code Title 15, Chapter 6; amended............................................ 761
Code Section 15-6-3; amended ................................... 405, 415, 418
Code Section 15-6-50; amended ............................................. 1306
INDEX
1889
Code Section 15-6-77; amended .......................
Code Section 15-6-86; amended .......................
Code Section 15-6-88; amended .......................
Code Section 15-6-88.1; enacted......................
Code Title 15, Chapter 7; amended....................
Code Title 15, Chapter 9; amended....................
Code Section 15-9-60; amended .......................
Code Section 15-11-16; amended ......................
Code Section 15-11-35; amended ......................
Code Section 15-11-49; amended ......................
Code Section 15-18-14; amended ......................
Code Sections 15-21-70 through 15-21-77; enacted
Code Section 16-6-5.1; enacted.......................
Code Section 16-8-14; amended .......................
Code Title 16, Chapter 9; amended....................
Code Section 16-9-20; amended........................
Code Section 16-9-58; enacted........................
Code Section 16-10-6; amended .......................
Code Section 16-10-52; amended.......................
Code Section 16-11-105; amended .....................
Code Section 16-11-107; enacted......................
Code Section 16-11-129; amended......................
Code Section 16-11-131; amended .....................
Code Title 16, Chapter 12; amended...................
Code Title 16, Chapter 13; amended...................
Code Section 16-13-31; amended.......................
Code Section 16-13-49; amended.......................
Code Title 17, Chapter 6; amended....................
Code Section 17-6-1; amended.........................
Code Title 17, Chapter 7; amended....................
Code Section 17-7-110; amended ......................
Code Section 17-8-26; amended .......................
Code Title 17, Chapter 10; amended...................
Code Title 17, Chapter 11; amended...................
Code Title 17, Chapter 13; amended...................
Code Section 18-4-22; amended .......................
Code Section 18-4-62; amended .......................
Code Section 19-3-8; amended ........................
Code Section 19-9-1; amended ........................
Code Title 19, Chapter 11; amended...................
Code Title 19, Chapter 13; amended...................
Code Title 20, Chapter 2; amended....................
Code Section 20-2-3; amended ........................
Code Section 20-2-151.1; enacted.....................
Code Section 20-2-187; amended ......................
Code Section 20-2-250; amended ......................
Code Section 20-2-285.1; enacted.....................
Code Section 20-2-772; enacted.......................
Code Title 20, Chapter 3; amended....................
Code Title 20, Chapter 3, Part 5; amended............
Code Section 20-3-23; amended .......................
..................... 1210
...................... 653
...................... 578
...................... 581
.................... 1419
................. 482,544
.................. 404,867
..................... 829
.................... 539
.................. 1000
................... 622
................... 1094
.................. 721
.................. 457
.................. 485
............ 484, 1189
................. 485
................ 1326
................. 645
................ 448
................ 528
............... 1431
............... 945
.............. 1437
.............. 349
.............. 620
.............. 469
........ 452, 1203
............. 358
.............. 452
.............. 503
............ 675
............ 665
............ 395
............ 649
........... 683
........... 454
.......... 1309
........... 632
......... 1816
.......... 521
.......... 823
.......... 495
........ 1429
........ 1218
......... 804
........ 745
....... 1547
778, 951, 1820
....... 496
....... 495
INDEX
1890
Code Section 20-3-31.1; enacted.................................................. 496
Code Section 20-3-81; repealed.................................................. 1468
Code Section 21-1-1; amended..................................................... 471
Code Title 21, Chapter 2; amended.......................................... 786, 1190
Code Section 21-2-501; amended ................................................. 827
Code Title 21, Chapters 2 and 3; amended................................535, 930, 964
Code Title 21, Chapter 3; amended............................................... 786
Code Section 21-3-10; amended.................................................... 402
Code Section 21-3-406; amended .................................................. 686
Code Title 24, Chapter 1; amended............................................... 852
Code Section 24-7-9; amended ................................................... 525
Code Title 24, Chapter 9; amended............................................... 852
Code Section 25-2-16; amended .................................................. 476
Code Title 26, Chapter 2; amended............................................... 737
Code Title 26, Chapter 4; amended............................................... 1441
Code Section 26-4-72; amended .................................................. 790
Code Sections 26-4-130 through 26-4-138; enacted................................ 790
Code Title 27, Chapter 2; amended............................................... 837
Code Section 27-2-4; amended .................................................... 664
Code Section 27-2-23; amended.................................................... 467
Code Section 27-4-138; amended .................................................. 490
Code Section 28-1-4; amended .................................................... 936
Code Section 28-1-6; amended .................................................... 689
Code Section 28-1-6.1; enacted................................................... 681
Code Section 28-1-11; amended ................................................... 688
Code Section 28-1-14; enacted.............................................. 646, 1205
Code Section 28-2-1; amended ................................................... 1123
Code Section 28-3-1; amended .................................................... 385
Code Section 28-3-20; amended.................................................... 494
Code Section 28-4-1; amended .................................................... 722
Code Section 29-4-2; amended .................................................... 669
Code Section 29-4-4.1; enacted................................................... 692
Code Title 31, Chapters 6 and 7; amended........................................ 1566
Code Title 31, Chapter 7; amended..........................................1317, 1323
Code Title 31, Chapter 7, Article 8; enacted...............................1317, 1426
Code Section 31-7-3; amended .................................................... 783
Code Section 31-7-8; amended .................................................... 882
Code Section 31-7-11; enacted................................................... 1307
Code Title 31, Chapter 10; amended.............................................. 732
Code Section 31-11-59; amended................................................... 694
Code Title 31, Chapter 31; enacted.............................................. 941
Code Section 32-2-40; amended .................................................. 400
Code Title 32, Chapter 6; amended............................................... 1798
Code Section 32-10-67; amended................................................... 635
Code Section 33-3-25; amended ................................................... 473
Code Section 33-3-27; amended ................................................... 882
Code Section 33-6-5; amended .................................................... 699
Code Section 33-7-6; amended..................................................... 864
Code Section 33-7-11; amended ................................................... 938
Code Title 33, Chapter 8; amended.......................................... 729, 1595
Code Title 33, Chapter 9; amended............................................... 629
INDEX
1891
Code Section 33-24-50; amended ................................................... 695
Code Section 33-25-3.1; enacted............................................... 616
Code Section 33-27-1; amended .................................................... 464
Code Section 33-34-14; enacted.................................................... 726
Code Title 33, Chapter 35; amended................................................ 748
Code Section 34-7-4; amended ..................................................... 659
Code Title 34, Chapter 8; amended................................................. 1153
Code Section 34-8-153; amended ................................................... 1592
Code Section 34-9-2; amended ..................................................... 700
Code Section 34-9-81.1; enacted.................................................... 700
Code Section 34-9-265; amended..................................................... 700
Code Sections 35-3-60 through 35-3-65; enacted.................................... 393
Code Title 35, Chapter 6A; amended................................................ 518
Code Section 36-6-1; amended ..................................................... 1212
Code Section 36-9-5; amended....................................................... 653
Code Section 36-32-6; enacted...................................................... 825
Code Section 36-35-2; amended ..................................................... 545
Code Section 36-35-6; amended ..................................................... 468
Code Title 36, Chapter 42; amended................................................ 1346
Code Section 36-62-5; amended .................................................... 1346
Code Section 36-62A-1; amended.................................................... 1346
Code Title 36, Chapter 63; amended................................................. 515
Code Title 36, Chapter 82; amended................................................. 839
Code Section 36-83-3; amended...................................................... 455
Code Section 37-8-53; amended...................................................... 684
Code Title 38, Chapter 4; amended................................................. 1401
Code Section 40-1-1; amended ...................................................... 633
Code Section 40-2-29.1; enacted................................................... 1466
Code Section 40-2-42; enacted...................................................... 676
Code Section 40-2-90; amended ..................................................... 638
Code Title 40, Chapter 5; amended.................................. 487, 745, 819, 1000
Code Section 40-5-21.1; enacted.................................................... 638
Code Section 40-5-103; amended .................................................... 461
Code Title 40, Chapter 6; amended................................................. 1000
Code Section 40-6-395; amended .................................................... 836
Code Section 40-8-73.1; enacted................................................... 1300
Code Section 40-8-76; amended .................................................... 1464
Code Section 40-8-92; amended ..................................................... 447
Code Section 40-8-114; amended .................................................... 633
Code Sections 40-8-280 through 40-8-291; repealed................................. 691
Code Title 40, Chapter 9; amended............................................. 487, 938
Code Section 40-12-2; amended .................................................... 1474
Code Title 40, Chapter 13; amended................................................ 1000
Code Title 42, Chapter 2; amended.................................................. 507
Code Title 42, Chapters 4 and 5; amended.......................................... 1340
Code Title 42, Chapter 5; amended................................................. 1806
Code Section 42-5-35; amended .................................................... 672
Code Section 42-5-36; amended .................................................... 680
Code Title 42, Chapter 8; amended................................................. 1593
Code Section 42-8-29.1; enacted.................................................... 697
Code Section 42-8-43.1; amended.................................................... 421
INDEX
1892
Code Title 42, Chapter 9; amended................................................ 500
Code Section 42-9-39; amended ................................................... 523
Code Section 42-10-4; amended .................................................. 1795
Code Section 43-1-15; amended .................................................. 1474
Code Title 43, Chapter 3; amended................................................ 559
Code Section 43-4-11; amended ................................................... 734
Code Title 43, Chapter 5; amended................................................ 444
Code Title 43, Chapter 10; amended.............................................. 1219
Code Title 43, Chapter 11; amended.............................................. 1389
Code Title 43, Chapter 12; amended.............................................. 1401
Code Section 43-12-2; amended ................................................... 667
Code Section 43-13-6.1; enacted................................................ 745
Code Title 43, Chapter 14; re-enacted ........................................... 424
Code Title 43, Chapter 26; amended............................................. 465
Code Section 43-34-27; amended................................................... 881
Code Section 43-34-33; amended .................................................. 720
Code Section 43-34-37; amended................................................... 670
Code Section 43-35-7; amended ................................................... 796
Code Section 43-38-11.1; enacted................................................. 489
Code Title 43, Chapter 40; amended.............................................. 1411
Code Section 43-41-20; amended................................................... 679
Code Title 43, Chapter 45; amended............................................... 739
Code Title 43, Chapter 47; amended............................................... 550
Code Title 43, Chapter 48; amended............................................... 710
Code Title 43, Chapter 50; amended............................................... 705
Code Section 44-1-6; amended .................................................... 471
Code Title 44, Chapter 3; amended............................................... 1508
Code Title 44, Chapter 3, Article 5; enacted.................................... 1255
Code Section 44-6-166.1; enacted................................................ 1182
Code Section 44-6-167; amended.................................................. 1182
Code Section 44-7-54; amended ................................................... 513
Code Title 44, Chapter 13; amended.............................................. 1170
Code Title 44, Chapter 14; amended............................................. 1450
Code Section 44-14-3; amended ................................................... 677
Code Section 44-14-230; amended ................................................. 724
Code Section 44-14-470; amended ................................................. 548
Code Title 45, Chapter 5A; enacted.............................................. 1207
Code Section 45-7-4; amended ........................................719, 1401, 1831
Code Title 45, Chapter 9; amended.............................................. 651
Code Section 45-9-81; amended ............................................ 1303, 1469
Code Title 45, Chapter 10; amended............................................. 1326
Code Section 45-10-42; enacted................................................. 719
Code Title 45, Chapter 12; amended............................................. 1539
Code Section 45-12-93; amended ................................................ 1815
Code Section 45-13-26; amended ................................................ 1474
Code Section 45-16-25.1; enacted . ............................................ 728
Code Title 45, Chapter 19; amended............................................. 1097
Code Section 45-20-2; amended ................................................. 459
Code Section 46-1-1; amended .................................................. 735
Code Section 46-3-502; amended .............................................. 1474
Code Title 46, Chapter 5; amended.............................................. 859
INDEX 1893
Code Title 46, Chapter 7; amended........................................... 529, 735
Code Section 46-7-13; amended ................................................... 462
Code Section 46-7-17; amended ................................................ 1474
Code Section 46-7-62; amended .................................................. 1474
Code Title 46, Chapter 8; amended...... ......................................... 445
Code Title 46, Chapter 10; amended............................................... 834
Code Title 47, Chapter 2; amended............................................... 1856
Code Section 47-2-1; amended.................................................... 1859
Code Section 47-2-26; amended.................................................... 637
Code Section 47-2-292; amended................................................... 655
Code Section 47-2-296; enacted................................................ 1809
Code Section 47-2-310; amended................................................... 784
Code Section 47-3-1; amended ................................................... 1859
Code Section 47-3-60; amended .................................................. 1859
Code Section 47-3-127; amended................................................... 949
Code Section 47-4-101; amended.................................................. 1859
Code Title 47, Chapter 6; amended............................................... 1856
Code Section 47-6-70.1; enacted................................................. 1856
Code Title 47, Chapter 7; amended.............................................. 1310
Code Title 47, Chapter 12; amended.............................................. 1805
Code Title 47, Chapter 14; amended............................................... 555
Code Title 47, Chapter 16; amended.............................................. 1185
Code Title 47, Chapter 20; enacted.............................................. 1368
Code Title 48; amended.......................................................... 1834
Code Title 48, Chapter 2; amended................................................ 526
Code Section 48-4-42; amended...............................................;.. 822
Code Title 48, Chapter 5; amended............................... 576, 716, 1849, 1850
Code Section 48-5-7.1; enacted.................................................. 1850
Code Section 48-5-149; amended .................................................. 752
Code Section 48-5-161; amended .................................................. 575
Code Section 48-5-311; amended ................................................. 1158
Code Section 48-5-405; amended .................................................. 414
Code Title 48, Chapter 6; amended............................................... 1350
Code Section 48-6-4; amended .................................................... 725
Code Title 48, Chapter 7; amended............................................... 1350
Code Sections 48-8-89.1 and 48-8-89.2; enacted.................................. 1461
Code Section 48-13-51; amended.................................................. 639
Code Section 49-5-10; amended .............................................. 538, 539
Code Section 50-5-15; enacted.................................................... 673
Code Section 50-5-69; amended ................................................... 520
Code Section 50-5-78; amended
Code Title 50, Chapter 7; amended............................................... 504
Code Section 50-7-15; enacted.................................................... 499
Code Title 50, Chapter 10; amended.............................................. 1026
Code Title 50, Chapter 17; amended.......................................... 839, 1024
Code Section 50-20-3; amended ................................................... 641
Code Section 53-3-14; amended.................................................... 511
Code Section 53-13-121; amended................................................. 1474
Code Section 53-16-5; amended .................................................. 1474
1894
INDEX
COURTS
SUPREME COURT
Terms Divisions, Procedure, Records, Minutes, etc.... .................... 956
SUPERIOR COURTS
Alapaha Judicial Circuit; Terms of Court.................................. 418
Appalachian Judicial Circuit; created..................................... 761
Barrow County; supplementary compensation for judge....................... 3945
Bulloch Court; compensation of deputy clerks and other personnel.......... 3822
Carroll County; clerks compensation ..................................... 4170
Chattahoochee County; clerk-method of compensating changed................ 4031
Clay County; clerk-method of compensating arranged ....................... 4167
Clerks; minimum annual salary, determination of population in
certain counties..................................................... 581
Clerks; minimum annual salary, fixed by county population................. 578
Clerks Retirement Fund; charges for filing civil cases - benefits, etc... 555
Clerks; training required................................................. 1306
Cobb County; salary supplement of judges ................................. 4125
Cobb County; clerk and deputy clerk-compensation changed.................. 4622
Cobb County; compensation of certain officials and employees ............. 4698
Douglas Judicial Circuit; judges supplement by douglas county............ 412
Filing Fees............................................................... 1210
Flint Judicial Circuit; district attorney-investigator provided........... 407
Floyd County; clerks compensation........................................ 3896
Griffin Judicial Circuit; district attorneys, county supplements.......... 386
Gwinnett County; clerks compensation..................................... 4034
Heard County; compensation of clerk....................................... 3978
Henry County; clerks compensation changed................................ 4518
Judges; salary supplements, certain counties (38,000-39,000).............. 403
Ocmulgee Judicial Circuit; terms of court................................. 415
Ocmulgee Judicial Circuit; grand juries .................................. 419
Rabun County; clerks compensation........................................ 4155
Richmond County; compensation of clerk.................................... 4173
Richmond County; compensation of district attorney........................ 4173
Richmond County; compensation of judge.................................... 4173
Southern Judicial Circuit; supplement to compensation of judge............ 753
Stone Mountain Judicial Circuit; judges salary supplements............... 775
Sumter County; clerk-minimum compensation................................. 4079
Tallapoosa Circuit-terms.................................................. 405
Toombs Circuit; Lincoln County grand jury, terms.......................... 774
Walker County; clerk-maximum compensation of personnel.................... 3724
Wayne County; clerks compensation ....................................... 3933
JUVENILE COURTS
Cobb County; compensation of judge........................................ 3887
PROBATE COURTS
Baldwin County; compensation of judge
4085
INDEX
1895
Brooks County; judge-method of compensating changed......................... 4266
Bulloch County; compensation of clerk....................................... 3820
Burke County; judge-manner of compensating changed.......................... 3904
Carroll County; compensation of judge............................... ....... 3892
Chattahoochee County; jurisdiction........................................... 3649
Clay County; judge-method of compensating changed-disposition of
fees, costs, etc........................................................ 4231
Clayton County; compensation of judge changed............................... 3626
Cobb County; clerks compensation........................................... 4122
Cobb County; judges compensation .......................................... 4127
Costs in Certain Counties (38,000-38,200) .................................. 404
Early County; manner of compensating judge, disposition of fees, etc........ 3927
Fulton County; judge-non partisan election.................................. 4063
Glynn County; personnel of office of judge, deputies-annual salaries........ 3825
Gwinnett County; judges compensation........................................ 4034
Haralson County; compensation of judge....................................... 3734
Hart County; compensation of judge........................................... 3755
Heard County; judges compensation........................................... 3971
Henry County; judge-compensation changed..................................... 4518
Jefferson County; method of compensation of judge changed................... 3809
Jones County; method of compensating judge.................................. 4051
Judges; minimum salary schedule changed, code title 15, chapter 9; amended.. 482
Judges; proceedings when disqualified to act................................ 544
Judges; succession by chief deputy clerk in certain counties (550,000 or more) .... 544
Lawrence County; compensation of judge ..................................... 3781
Liberty County; method of compensating judge changed-employment of
clerk authorized-compensation........................................... 4157
Newton County; county ordinances-procedure in prosecution for violations.... 4350
Richmond County; judges compensation........................................ 4173
Schedule of Costs Changed..................................................... 867
Sumter County; judge-minimum compensation.................................... 4079
Tattnall County; judge-method of compensating changed....................... 4270
Towns County; judge-mode of compensating changed, etc....................... 4620
Walker County; maximum compensation of personnel............................ 3721
STATE COURTS
Bibb County; warrant officer provided....................................... 4220
Candler County; governing authority authorized to fix salaries of
judge and solicitor..................................................... 4178
Carroll County; judge and solicitor-compensation ........................... 4346
Chattooga County; created-practice and procedure, etc.-referendum............ 4570
Cherokee County; judge and solicitor-salaries and supplements............... 4278
Clayton County; solicitor-compensation....................................... 3873
Clayton County; judge-compensation........................................... 4217
Cobb County; clerk and deputy clerk-compensation............................. 3889
Cobb County; jurisdictions, dead docket, compensation of judges and solicitor ... 4223
Decatur County; judge and solicitor-compensation-terms of court............. 4145
DeKalb County; assistant solicitors residency requirements deleted......... 3709
DeKalb County; clerks duties re docketing documents........................ 3726
DeKalb County; terms of court................................................ 4322
1896
INDEX
Dougherty County; costs, fees, procedures, court officials,
compensation of judge, etc............................................. 4238
Early County; compensation of judge and solicitor........................... 4205
Forsyth County; judge and solicitor-salaries and supplements................ 4278
Fulton County; subsidy to be paid for publishing court calendar ............ 4053
Fulton County; terms of court, etc.......................................... 4501
Gwinnett County; additional judge-election, powers, duties, etc............. 4213
Jurisdiction; qualifications and compensation of judges; uniformity......... 1419
Liberty County; compensation of judge and solicitor ........................ 3899
Richmond County; judges and solicitors compensation....................... 4173
Screven County; compensation of judge and solicitor......................... 3923
Wayne County; judge and solicitor-compensation ...................... ...... 3931
SMALL CLAIMS COURTS
Dougherty County; court to continue as magistrates court act creating
amended ............................................................... 4234
Early County; manner of compensating judge.................................. 3925
Newton County; fee.......................................................... 3750
Pickens County; established....................................... ...... 3524
Tenell County; costs........................................................ 3711
Thomas County; election of judge............................................ 3902
Wilcox County; established......................... ........................ 3984
Worth County; jurisdictional amount-tenure of judge-fees and costs ......... 3960
MAGISTRATES COURTS
Baldwin County; constitutional requirements implemented..................... 4027
Cobb County; election of magistrates-compensation........................... 4376
Dougherty County; court created............................................. 4234
Douglas County; vacancies-how filled........................................ 4367
Fayette County; created................................................. 4707
Fulton County; magistrates-how appointed................................... 4373
Hancock County; constitutional requirements implemented..................... 4006
Jones County; appointment and compensation of judge......................... 4081
Rockdale County; practice, procedure, jurisdiction, etc..................... 3651
State-wide System Created-justice courts abolished, etc..................... 884
MUNICIPAL-RECORDERS AND POLICE COURTS
Aragon, City of; city court-punishment authority............................ 3802
Authorized to try and dispose of certain criminal cases..................... 825
Cedartown, City of; authority to impose punishment.......................... 3771
Flowery Branch; mayors court-maximum fines ................................ 3693
Fort Valley; powers......................................................... 3686
Gainesville, City of; jurisdiction.......................................... 3688
Oakwood, City of; recorders court-maximum fines............................. 3691
Oconee, Town of; authority of recorders court to punish.................... 3783
Winterville, City of; police court-punishment authority..................... 3707
INDEX
1897
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Atkinson County; board of commissioners, compensation, election of
chairman, etc., referendum.............................................. 4115
Bacon County; board of commissioners, act creating amended,
commissioner districts, etc............................................. 4538
Baldwin County; board of education, members compensation................... 3878
Baldwin County; magistrates court, constitutional requirements implemented ... 4027
Baldwin County; probate judge, compensation.................................. 4085
Barrow County; board of commissioners, authority to assess and collect
license fees and taxes.................................................. 3943
Barrow County; superior court, supplementary compensation for judge......... 3945
Ben Hill County; tax commissioner, compensation ............................ 3768
Bibb County; authorized to dispose of certain property...................... 3621
Bibb County; bibb county, city of macon intergovem, mental relations
study commission authorized............................................. 4263
Bibb County; board of public education and orphanage, composition of
education districts changed, referendum................................. 4251
Bibb County; Macon-Bibb county water and sewerage authority act, amended ... 3509
Bibb County; employees pension plan, amended................................ 3967
Bibb County; state court, warrant officer provided.......................... 4220
Brooks County; probate court-method of compensating judge changed............ 4266
Brooks County; special fire protection districts authorized.................. 3695
Bulloch County; board of commissioners, clerical assistants, compensation... 3731
Bulloch County; board of commissioners, compensation of chairman
and members changed.................................................... 3728
Bulloch County; clerk of superior court, compensation of deputies
and other personnel..................................................... 3822
Bulloch County; coroner, compensation........................................ 3818
Bulloch County; probate court, compensation of clerk........................ 3820
Bulloch County; sales tax revenues, allocation............................... 3906
Bulloch County; sheriff, salaries of deputies and clerk changed.............. 4662
Bulloch County; tax commissioner, compensation of assistants ................ 3909
Burke County; commissioners, district election............................... 3804
Burke County; probate judge, manner of compensating changed................. 3904
Butts County; board of education, procedure for selecting members........... 3940
Candler County; state court, governing authority of said county
authorized to fix salaries of judge and solicitor...................... 4178
Carroll County; office of commissioner created.............................. 4656
Carroll County; probate judge, compensation................................. 3892
Carroll County; superior court clerk, compensation.......................... 4170
Carroll County; state court, judge and solicitor, compensation.............. 4346
Catoosa County; clerk of superior court, salary, clerical help allowance.... 3790
Catoosa County; commissioner, compensation and allowances .................. 4065
Catoosa County; sheriff, fiscal year of office changed...................... 4068
Catoosa County; tax commissioner, allowances for clerical assistants........ 3794
Chatham County; board of commissioners, commissioner districts changed ..... 4529
Chatham County; board of public education for the city of savannah and
the county of Chatham, members compensation changed ................... 4153
1898
INDEX
Chatham County; city of savannah and Chatham county school
system, districts....................................................... 3759
Chatham County; city of savannah and Chatham county school system,
terms of president and board members, referendum ....................... 4039
Chattahoochee County; probate court, jurisdiction ........................... 3649
Chattahoochee County; superior court clerk, method of compensating changed... 4031
Chattooga County; state court created, practice, procedure, etc., referendum. 4570
Cherokee County; state court of cherokee and forsyth counties, judge
and solicitor, salaries and supplements ................................ 4278
Clay County; clerk of superior court, method of compensation changed ........ 4167
Clay County; commissioner districts .. ......... ............................ 3785
Clay County; probate court judge, method of compensating changed, etc........ 4231
Clay County; sheriff, maximum salary ........................................ 3894
Clay County; tax commissioner, method of compensating changed................ 4511
Clayton County; board of commissioners, meetings, etc........................ 4503
Clayton County; chairman of commissioners, compensation ..................... 3628
Clayton County, commissioner districts, reapportioned ....................... 3617
Clayton County; educational funds collected by tax commissioner, disposition ... 4113
Clayton County; probate judge compensation................................... 3626
Clayton County; sheriff, clerk superior court and deputies, compensation..... 3737
Clayton County; state court judges compensation............................. 4217
Clayton County; state court solicitors compensation ........................ 3873
Clayton County; tax commissioner and deputy tax commissioner,
compensation........................................................... 3631
Cobb County; board of education, compensation of members..................... 3636
Cobb County; cobb judicial circuit, compensation of certain officials
and employees.......................................................... 4698
Cobb County; county manager, office created................................. 4283
Cobb County; education district boundaries changed.......................... 4010
Cobb County; juvenile court judge, compensation............................. 3887
Cobb County; magistrates courts, election of magistrates, compensation...... 4376
Cobb County; probate court, clerks compensation ........................... 4122
Cobb County; probate court, judges compensation............................ 4127
Cobb County; state court, clerk and deputy clerk, compensation.............. 3889
Cobb County; state court, jurisdiction...................................... 4223
Cobb County; state court, compensation of judges and solicitor.............. 4223
Cobb County; superior court, clerk and deputy clerk, compensation........... 4622
Cobb County; superior court, salary supplement of judges.................... 4125
Cobb County; sheriff and deputies, compensation............................. 4353
Cobb County; south cobb development authority, area enlarged................ 4324
Cobb County; salary increases authorized to be delayed ..................... 4245
Cobb County; tax commissioner and clerk, compensation....................... 3634
Colquitt County; school system, use of local sales tax revenue............... 3753
Columbia County; commissioner districts, composition changed................. 4607
Columbia County; education districts changed, referendum ................... 4411
Cook County; board of commissioners, compensation of members................. 4176
Dawson County; etowah water and sewer authority, members qualifications
and manner of electing ................................................ 3718
Decatur County; state court, judge and solicitor, compensation,
terms of court, etc.................................................... 4145
INDEX
1899
DeKalb County; board of commissioners, powers, duties, etc.
changed, referendum..................................................... 4547
DeKalb County; state court, clerks duties re docketing documents............ 3726
DeKalb County, state court, terms ........................................... 4322
DeKalb County; state court, assistant solicitors residing requirements deleted ... 3709
DeKalb County; state-wide probation system, approval of county
becoming a part.......................................................... 3982
Dooly County; tax commissioner, compensation changed......................... 3646
Dougherty County; commission districts changed............................... 4194
Dougherty County; county supplements to certain officials.................... 3757
Dougherty County; small claims court continued as magistrates court,
jurisdiction, procedures, etc........................................... 4234
Dougherty County; state court, act creating amended.......................... 4238
Douglas County; airport authority created, membership, terms of
office, powers, duties, etc............................................ 4578
Douglas County; magistrates court, vacancies, how filled..................... 4367
Early County; board of commissioners, terms, commissioner districts,
compensation, etc........................................................ 4256
Early County; small claims court, manner of compensating judge............... 3925
Early County; state court, compensation of judge and solicitor............... 4205
Early County; probate court, manner of compensating judge,
disposition of fees...................................................... 3927
Fannin County; board of commissioners, compensation of chairman
and members ............................................................. 3938
Fannin County; coroner, compensation........................................ 3936
Fayette County; magistrate court created...................................... 4707
Floyd County; board of commissioners, powers ................................ 3811
Floyd County; county manager, office created................................. 4525
Floyd County; merit system, additional exemption from coverage............... 4339
Floyd County; superior court clerk, compensation.............................. 3896
Forsyth County; board of commissioners, composition changed,
districts changed....................................................... 4419
Forsyth County; board of education, election districts changed................ 4481
Forsyth County; school superintendent, appointment, referendum .............. 3521
Forsyth County; state court of cherokee and forsyth counties, salaries
and supplements of judge and solicitor................................... 4278
Fulton County; authority to adopt ordinances, regulations, penalties, etc.... 4055
Fulton County; constitutional amendment creating industrial
district continued....................................................... 4077
Fulton County; county-wide library system act amended........................... 4228
Fulton County; justices of the peace, etc., offices abolished................ 4037
Fulton County; magistrates, how appointed..................................... 4373
Fulton County; probate judge, nonpartisan election............................ 4063
Fulton County; state court, subsidy for publishing calendar.................. 4053
Fulton County; state court, terms............................................. 4501
Glynn County; board of commissioners, election districts..................... 3880
Glynn County; brunswick, glynn county charter commission act
amended, referendum...................................................... 3739
Glynn County; probate court personnel, deputies, annual salaries............. 3825
Gordon County; board of commissioners, powers, duties, etc. changed.......... 4316
Gordon County; minimum compensation for certain county officers.............. 4043
1900
INDEX
Gwinnett County; board of education, compensation and expense allowances ... 4322
Gwinnett County; board of education, election districts....................... 3573
Gwinnett County; clerk superior court, compensation........................... 4034
Gwinnett County; commissioner election districts, composition changed......... 3566
Gwinnett County; probate judge, compensation.................................. 4034
Gwinnett County; sheriff, compensation........................................ 4034
Gwinnett County; state court, additional judge, election, powers, duties, etc. 4213
Gwinnett County; tax commissioner, compensation............................... 4034
Hall County; expense allowances for commissioners............................. 3570
Hall County; school district boundaries described............................. 4553
Hancock County; magistrates court, constitutional requirements implemented .. 4006
Haralson County; county commissioner, compensation............................ 3947
Haralson County; probate judge, compensation changed.......................... 3734
Hart County; probate judge, compensation...................................... 3755
Heard County; clerk superior court compensation............................. 3978
Heard County; county commissioners compensation............................. 3980
Heard County; probate judge compensation.................................... 3971
Heard County; sheriff compensation.......................................... 3975
Heard County; tax commissioner compensation................................. 3973
Henry County; board of commissioners compensation .......................... 3958
Henry County; clerk superior court compensation............................. 4518
Henry County; probate judge compensation.................................... 4518
Henry County; sheriff compensation.......................................... 4518
Henry County; tax commissioner compensation................................. 4518
Jasper County; treasurer, office abolished ................................. 4605
Jeff Davis County; board of commissioners, election districts changed......... 4334
Jeff Davis County; education districts, composition.:......................... 4130
Jefferson County; office of treasurer abolished............................... 3964
Jefferson County; probate judge, method of compensating changed............... 3809
Jefferson County; tax commissioner, salary.................................... 3503
Jones County; board of education, compensation of chairman and members........ 3714
Jones County; magistrates court, appointment and compensation of judge........ 4081
Jones County; probate judge, method of compensating .......................... 4051
Jones County; tax commissioner, office created ............................... 3830
Laurens County; probate judge, compensation................................... 3781
Laurens County; tax commissioner, compensation.............................. 3778
Liberty County; industrial authority, powers, etc............................. 4087
Liberty County; probate court, method of compensating judge,
employment of clerk authorized......................................... 4157
Liberty County; state court, compensation of judge and solicitor ............. 3899
Macon County; board of commissioners, compensation of chairman
and other members...................................................... 4048
Miller County; board of commissioners created................................. 4594
Montgomery County; board of commissioners, compensation and
expenses of members.................................................... 4149
Murray County; new board of education created, referendum..................... 3611
Newton County; homestead exemption, referendum.............................. 3814
Newton County; probate court, procedure..................................... 4350
Newton County; small claims court, fees....................................... 3750
Oconee County; board of commissioners, compensation of
chairman and members................................................... 3800
INDEX
1901
Pickens County; small claims court established................................ 3524
Rabun County; board of commissioners, compensation of
chairman and members........................ ............................ 3716
Rabun County; clerk superior court, compensation 1............................ 4155
Richmond County; board of health continued.................................... 4702
Richmond County; compensation of certain officials changed.............. .... 4173
Richmond County; constitutional amendment authorizing consolidation
county and city of augusta tax assessors continued in force.............. 4094
Richmond County; exemption of certain property from ad valorem
taxes continued............................. ............ ............... 4143
Richmond County; limitation on local taxing jurisdiction continued............ 3870
Richmond County; sheriffs merit system board created.......................... 4495
Richmond County; treasurer, office abolished.................................. 3863
Rockdale County; magistrate court, practice, procedure, jurisdiction, etc..... 3651
Screven County; state court, compensation of judge and solicitor.............. 3923
Seminole County; board of education, election of members, manager of
filling vacancies, procedures, compensation............................. 3994
Spalding County; griffin-spalding county development authority,
powers and duties defined................................................. 3834
Sumter County; clerk superior court, minimum compensation, supplement...... 4079
Sumter County; probate judge, minimum compensation, supplement.............. 4079
Sumter County, sheriff, compensation.......................... ... 4002
Sumter County; sheriff, minimum compensation, supplement................... 4079
Sumter County; tax commissioner, compensation............................ 4000
Sumter County; tax commissioner, minimum compensation, supplements.......... 4079
Talbot County; board of commissioners, election of members, terms
of office, etc............................................................ 4105
Tattnall County; probate court, method of compensating judge changed.......... 4270
Terrell County; small claims court, costs..................................... 3711
Thomas County; commissioners election districts.............................. 3605
Thomas County; small claims court, election of judge........................... 3902
Tift County; board of commissioners, authority to fix salary of chairman....... 3954
Tift County; board of commissioners, authority to fix salary of
tax commissioner....................... ................. ............... 3956
Tift County; tifton-tift county charter commission act, enacted............... 3590
Towns County; georgia mountain fair authority, qualifications of
members, etc............................................................ 3776
Towns County; project defined.............................................. 3776
Towns County; sheriff, compensation, deputies authorized compensation,
county furnished and maintained automobiles............................... 4074
Towns County; probate judge, mode of compensating changed, etc................ 4620
Union County; board of education, election of members,
vacancies, etc., referendum............................................... 4514
Upson County; thomaston, upson county office building authority,
powers defined........................................................... 3951
Walker County; probate judge, maximum compensation of personnel ............... 3721
Walker County; superior court clerk, maximum compensation of personnel........ 3724
Walker County; tax commissioner, compensation of office personnel............. 3884
Walton County; sheriffs office, benefits to personnel, etc.................... 4357
Wayne County; state court, compensation of judge and solicitor................ 3931
Wayne County; superior court, compensation of clerk........................... 3933
1902
INDEX
Wheeler County; commissioner, compensation changed............................ 4151
Wilcox County; small claims court established................................. 3984
Wilkinson County; board of commissioners, members compensation............... 3697
Wilkinson County; board of commissioners, election meetings, etc.............. 3699
Wilkinson County; board of education, election of successor board,
election districts, terms of office, etc................................. 3911
Worth County; small claims court, jurisdictional amount, tenure of
judge, fees and costs.................................................... 3960
COUNTIES AND COUNTY MATTERS BY POPULATION
9,365-9,385; boards of commissioners, ga. laws 1982, p. 4606 repealed......... 3733
25,400-25,900; airport authorities created.................................... 1118
38.000- 38,200; probate judges, court costs ................................. 404
38.000- 39,000; superior court judges, salary supplements.................... 403
150,300-155,000; county tax collectors, authority to deduct from
school tax repealed....................................................... 414
175.000- 185,000; municipal elections, costs.................................. 402
175.000- 190,000; rate of interest and penalty on delinquent taxes............ 752
550,000 or more; county commissioners, amount of compensation................ 416
550,000 or more; probate courts, vacancies in office, succession by
chief deputy clerk in certain counties................................... 544
550,000 or more; transfer of employees from county probation departments
to department of offender rehabilitation, effect on pension benefits..... 421
COUNTY MATTERSHOME RULE AMENDMENTS
Bleckley County; small claims court, judges compensation..................... 4745
Butts County; audit of county books........................................... 4749
Butts County; judges, courts of limited jurisdiction, compensation............ 4753
Chattooga County; county purchases............................................ 4757
Clarke County; purchases...................................................... 4762
Clayton County; employees retirement......................................... 4766
DeKalb County; budget submission and approval dates........................... 4774
DeKalb County; courts of limited jurisdiction, judges compensation........... 4792
DeKalb County; license review board created................................... 4797
DeKalb County; merit system act amended....................................... 4804
DeKalb County; merit system personnel code.................................... 4780
DeKalb County; pension board, investments..................................... 4787
Floyd County, courts of limited jurisdiction, compensation of judges.......... 4809
Rockdale County; courts of limited jurisdiction, compensation of judges....... 0000
MUNICIPAL CORPORATIONS
NAMED CITIES
Adairsville; new charter enacted.............................................. 3654
Adel; election districts, election of mayor and council, terms of office, etc. 4294
Aragon; city court, punishment authority...................................... 3802
Atlanta; urban enterprise zones............................................... 4097
Augusta; ad valorem tax exemptions continued in effect........................ 4108
INDEX
1903
Augusta; constitutional amendment authorizing consolidation of city
and richmond county tax assessors continued in force..................... 4094
Austell; corporate limits changed.............................................. 3919
Brooklet; city court, jurisdiction............................................. 3797
Brooklet; city ordinances, punishment for violation........................... 3797
Brunswick; brunswick-glynn county charter commission act
amended, referendum....................................................... 3739
Cairo; corporate limits extended............................................... 4191
Calhoun; new charter enacted................................................... 4710
Canton; corporate limits changed............................................... 3561
Cedartown; recorder, authority to impose punishment........................... 3771
Colbert; charter amendments, police court, punishment authority,
homestead exemptions, referendum ......................................... 4181
Columbus, Georgia; municipal court, judges salary .......................... 4443
Columbus, Georgia; ordinances, penalties for violations....................... 3773
Columbus, Georgia; tort liability redefined .................................. 4493
Commerce; administrative departments........................................... 3513
Crawford; mayor and council, terms changed..................................... 3639
Decatur; corporate limits extended ............................................ 4186
Decatur; corporate limits changed.............................................. 4544
Doerun; charter amendments..................................................... 4341
Doraville; mayor and council, terms of office, referendum..................... 3581
Dublin; city court, maximum fining and punishment authority................... 4072
East Point; east point building authority created, powers, duties, etc........ 4302
Flowery Branch; mayors court, maximum fines.................................. 3693
Forest Park; mayor and council, terms of office............................... 3623
Fort Valley; municipal court, powers.......................................... 3686
Gainesville; municipal court, jurisdiction..................................... 3688
Garden City; corporate limits extended......................................... 3868
Griffin; griffin-spalding county development authority, powers
and duties defined........................................................ 3834
Hoboken; recorders court fines................................................ 4140
Jackson; mayor and council, vacancies in office, maximum fine, etc............ 4344
Jasper; new charter enacted.................................................... 3534
LaFayette; charter amendments.................................................. 4274
Kennesaw; corporate limits changed............................................ 4565
Leary; corporate limits changed................................................ 3949
Locust Grove; provisions regarding offices dealing with city changed.......... 4208
Macon; bibb county, city of macon intergovernmental relations
study commission authorized............................................... 4263
Macon; macon-bibb county water and sewerage authority act amended............. 3509
Macon; macon-bibb county water and sewerage authority
employees pension plan amended........................................... 3967
Macon; president pro tempore of city council, manner of selecting............. 4327
Marietta; downtown development authority act amended.......................... 3563
Marietta; mayor, veto power................................................... 4119
Milledgeville; mayor and aldermen, compensation............................... 4330
Norwood; mayor and councilmen, terms changed.................................. 4210
Oakwood; recorders court, maximum fines....................................... 3691
Oconee; recorders court, authority to punish.................................. 3783
Palmetto; corporate limits extended............................................ 4110
1904
INDEX
Palmetto; corporate limits extended .............. ......................... 4134
Perry; new charter.......................................................... 4386
Pinehurst; mayor and council, election provisions changed................... 3684
Pineview; ad valorem tax, authority to impose, violations of
ordinances, authority to punish........................................ 4004
Pooler; aldermanic board, composition....................................... 3865
Powder Springs; downtown development authority, vacancies
in membership, etc.................................................... 4299
Reynolds; charter amendments, competitive bids.............................. 3875
Reynolds; judge municipal court, qualifications............................. 3875
Rockmart; authority of recorder to punish for violations of law and contempt ... 4046
Rome; board of education, additional member, election of members, etc....... 3641
Rome; commission members, election, compensation............................ 4188
Rome; corporate limits changed and extended................................. 4432
Sale City; mayor and councilmen, terms and election procedures.............. 3748
Savannah; board of aldermen, manner of filling vacancies.................... 3827
Savannah; board of public education for the city of savannah and the
county of Chatham, members compensation changed....................... 4153
Savannah; city of savannah and Chatham county school system, districts...... 3759
Savannah; city of savannah and Chatham county school system, terms
of president and board members, referendum............................. 4039
Statesboro; recorders court, maximum amount of fines authorized............ 4247
Summerville; city manager, position created................................. 4614
Taylorsville; charter amendments, referendum................................ 4161
Thomaston; board of education, method of selecting members changed ......... 3506
Thomaston; thomaston, upson county office building authority,
powers defined......................................................... 3951
Tifton; tifton-tift county charter commission act enacted................... 3590
Tybee Island; charter amendments, referendum................................ 3586
Tyrone; councilmen, terms, election......................................... 4704
Union Point; authority to assess fines and punishment....................... 4061
Vidalia; charter amendments................................................. 4362
Watkinsville; new charter enacted........................................... 4625
White Plains; new charter enacted........................................... 4665
Winterville; police court, punishment authority............................. 3707
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; civic center operation............................................. 4817
Atlanta; comprehensive development plans.................................... 4819
Atlanta; executive branch, reorganization................................... 4833
Atlanta; ombudsman, charter provisions relating to, deleted................. 4856
Atlanta; president of council, powers....................................... 4829
Atlanta; quadrennial relegation of pending legislation ..................... 4825
Bainbridge; clerk and treasurer............................................ 4860
Boston; punishments for ordinance violations................................ 4867
Braselton; wine production, sale of alcoholic beverages .................... 4865
Chamblee; powers of mayor................................................... 4873
Chamblee; recorders court.................................................. 4876
Chamblee; sanitary tax...................................................... 4870
College Park; pension system .............................................. 4879
Cordele; ordinance adoption procedure, etc.................................. 4883
INDEX
1905
Decatur; powers of recorders court, etc.................................... 4891
Doraville; fines and punishment............................................ 4901
Doraville; mayor, compensation and duties.................................. 4896
East Point; city court, powers............................................. 4928
East Point; election ward boundaries....................................... 4905
East Point; fines and imprisonment............................ ............ 4932
East Point; license inspector.............................................. 4913
East Point; retirement system.............................................. 4924
East Point; salaries of mayor and council ................................. 4919
Elberton; recorder, fining authority...................... ...... ......... 4937
Griffin; commissioners compensation .............. ....................... 4941
Macon; employee disability pensions......................................... 4943
Macon; municipal court, fines and punishment authority .................... 4947
Perry; recorders court, fining authority.................................. 4950
Riverdale; mayor and councilmen, qualifications.................. ......... 4954
Rockmart; recorder, qualifications.......................................... 4958
Rockmart; wards and ward residency requirements............................. 4962
Rossville; elected councilmen, compensation.... 4974
Savannah; pension plan amendments.......................................... 4976
RESOLUTIONS AUTHORIZING COMPENSATION
Carney, Richard B........................................................... 4384
Gates, John J............................................................... 4090
Refiner, Mary D............................................................ 4381
Walton, Richard............................................................. 4380
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND
EASEMENTS
Adairsville ................................................................ 966
Atlanta..................................................................... 989
Augusta City Council........................................................ 983
Baia, Mr. and Mrs. Frank J., Jr............................................. 594
Baldwin County.............................................................. 584
Bibb County Board of Commissioners ......................................... 992
Brooks County............................................................... 967
Brunswick................................................................... 987
Certain Tract Located in Spalding County, Sale Authorized ................. 995
Certain Tracts Located in Fulton County, Lease Authorized................... 978
Clayton County Board of Education........................................... 596
David, Edgar George, Jr..................................................... 969
Hendrix, Harold M........................................................... 969
Ivey, James R., Jr.......................................................... 584
Jackson..................................................................... 588
Macon, Bibb County Water and Sewerage Authority............................. 440
P.D. Oil and Chemical Storage, Inc.......................................... 975
Resource Recovery Development Authority for the City of Savannah............ 586
Tucker, Mamie O., Estate.................................................... 969
Tucker, W.R., Heirs and Others.............................................. 969
Turner, Myrtie Vera......................................................... 969
Turner, Myrtie Vera, and Clinton W., as Executors of Estate of
1906
INDEX
Mamie O. Tucker ................................................... 969
White, Mrs. Margaret Burke.............................................. 592
MISCELLANEOUS RESOLUTIONS
Chatham County Hospital Authority Study Commission Created.............. 4378
Dent, Honorable Richard A., portrait authorized......................... 442
Department of Administrative Services Plan of Operation Ratified ....... 598
Governors Education Review Commission Created.......................... 599
Lawson, Roger H., Memorial Bridge designated............................ 974
McCutchen, Pleasant Theodore, Sr., Bridge designated.................... 4092
Mentally Retarded, Handicapped and Elderly, study committee for
tax credit for family support created.............................. 997
Safe Dams Study Commission created.................................... 582
State Board of Medical Examiners Directed to Adopt Rules Relating to
Abuse of Certain Drugs.............................................. 590
State-Wide Fire Protection Study Committee, resolution creating amended. 999
Thompson, George W., Bridge designated.................................. 4091
Urging Resolution of Controversy Between City of Marietta and
Cobb County........................................................ 4382
INDEX
1907
INDEX
A
ACCOUNTANTS
Law regulating profession changed................................ 559
ADAIRSVILLE, CITY OF
Land conveyance.................................................. 9$6
New charter enacted............................................. 3654
ADEL, CITY OF
Election districtselection of mayor and councilterms of office, etc. 4294
AD VALOREM TAXATION
Date of making returns changed........................................ 1849
Foreign merchandise in transit redefined ...................... 716
Real property devoted to bona fide agricultural purposes.............. 1850
AIRPORT AUTHORITIES
Created for certain counties (25,400-25,900).................... 1118
ALAPAHA JUDICIAL CIRCUIT-H
Terms of court.................................................. 418
ALBANY, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
ALCOHOLIC BEVERAGES
Jekyll Island State Park Authority authorized to sell same............ 1213
Sale or storage on county or municipally owned or operated
airportslicenses.......................................... 759
Special elections to authorize sales, etc........................ 806
ALCOHOLICS, TREATMENT
Effective date of certain articles of title 37, chapter 8 delayed..... 684
ANIMALS
Bonding of livestock dealers, brokers, packers, market operators, etc. 1161
ANNUAL SALARIES OF CERTAIN STATE OFFICIALS
Changed......................................................... 1831
ANTITERRORISM TASK FORCE
Created within Georgia Bureau of Investigation.... ................... 393
1908
INDEX
APPALACHIAN JUDICIAL CIRCUIT
Created........................................................ 761
APPROPRIATIONS
General appropriations act enacted............................ 1603
Supplementary.................................................. 159
Supplementary.................................................. 359
Supplementary, Department of Labor............................. 449
ARAGON, CITY OF
City courtpunishment authority............................... 3802
ARCHITECTS
Examinations for license....................................... 734
ASSISTANT DISTRICT ATTORNEYS
Credit for prior state service................................. 622
ATKINSON COUNTY
Board of commissionerscompensationelection of chairman,
etc.referendum............................................ 4115
ATHLETIC TRAINERS
Licensing...................................................... 444
ATLANTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Easement....................................................... 989
Urban enterprise zones......................................... 4097
AUGUSTA, CITY OF
Ad valorem tax exemptions continued in effect.................. 4108
Consolidation of City and Richmond County tax assessors
continued in force......................................... 4094
Land conveyance................................................ 983
AUSTELL, CITY OF
Corporate limits changed....................................... 3919
B
BACON COUNTY
Board of commissionerscommissioner districts, qualification of
members, etc.............................................. 4538
INDEX
1909
BAD CHECKS
Criminal issuancesupport of minorspresent consideration
further defined ............................................. 484
Penalties for issuance........................................... 485
Restitution of amount of check, costs of bringing complaint, etc....... 1189
BAIA, MR. AND MRS. FRANK J., JR.
Land conveyance............................................ 594
BAILABLE OFFENSES
Determination, procedure ...................................... 452
BAINBRIDGE, CITY OFI
See Tabular IndexMunicipalitiesHome Rule Amendments
BALD MOUNTAIN WATER AND SEWER AUTHORITY ACT
Enacted..............................lisa.. .. . ..... . ... . ...... ..v. 4466
BALDWIN COUNTY
Board of education, compensation of members.................... ....... 3878
Land conveyance.................................................. 584
Magistrates courtconstitutional requirements implemented ............. 4027
Probate courtcompensation of judge............................. 4085
BANKS AND BANKING
Dealing with regulated banksrestrictions removed as to employees, etc.532
Definition of bank changed................................... 493
Taxation revised ............................................. 1350
BARROW COUNTY
Board of commissionersauthority to assess and collect
license fees and taxes.................................... 3943
Superior courtsupplementary compensation for judge............. 3945
BEN HILL COUNTY
Tax commissionercompensation.................................. 3768
BIBB COUNTY-^B
Authorized to dispose of certain property.............................. 3621
Bibb CountyCity of Macon intergovernmental relations study
commission authorized....................................... 4263
Board of public education and orphanageeducation districts
changedreferendum .................................... 4251
Land conveyance................................................ 992
Macon-Bibb County water and sewerage authority employees
pension plan amended.................................... 3967
State court warrant officer provided...................................:. 4220
1910
INDEX
BLECKLEY COUNTY
See Tabular IndexCounty MattersHome Rule Amendments
BOARDS OF COUNTY COMMISSIONERS
Act providing for in certain counties (9365-9385) repealed. 3733
BOARD OF INDUSTRY AND TRADE
Created, composition, duties, powers, etc.................. 504
BOARD OF REGENTS
Manner of filling vacancies................................ 495
BOSTON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
BRASELTON, TOWN OF
See Tabular IndexMunicipalitiesHome Rule Amendments
BROOKLET, CITY OF
City courtjurisdiction........................................ 3797
City ordinancespunishment for violation....................... 3797
BROOKS COUNTY
Land conveyance................................................ 967
Probate courtmethod of compensating judge changed................... 4266
Special fire protection districts authorized................... 3695
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION ACT
Amendedreferendum............................................ 3739
BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY
Power to contract with Jekyll Islandstate park authority............ 4057
BRUNSWICK, CITY OF
Brunswick-Glynn County charter commission act amendedreferendum .... 3739
Easement................................................... 987
BUILDING AND LOAN ASSOCIATIONS
Taxation revised ............................................. 1350
BULLOCK COUNTY
Board of commissionersclerical assistantscompensation........ 3731
Board of commissionerscompensation of chairman & members changed ... 3728
Clerk of superior courtcompensation of deputies and other personnel. 3822
Coronercompensation.......................................'... 3818
Probate courtcompensation of clerk............................ 3820
INDEX
1911
Sales tax revenuesallocation................................. 3906
Sheriffsalaries of deputies and clerk changed................... 4662
Tax commissionercompensation of assistants....................... 3909
BURKE COUNTY
Commissionersdistrict election................................ 3804
Probate judgemanner of compensating changed................... 3904
BUTTS COUNTY-^B
See also Tabular IndexCounty MattersHome Rule Amendments
Board of educationprocedure for selecting members............. 3940
C
CAIRO, CITY OF
Corporate limits extended...................................... 4191
CALHOUN, CITY OF
New charter enacted............................................ 4710
CANCELLATION OF INDEBTEDNESS BY GRANTEE
Definition of terms............................................. 677
CANDLER COUNTY
State courtgoverning authority of said county authorized to
fix salaries of judge and solicitor ....................... 4178
CANINE HANDLERS OF DEPARTMENT OF OFFENDER REHABILITATION-^ '
Granted powers of police officers............................... 672
CANTON, CITY OF
Corporate limits changed........................................ 3561
CAPITAL FELONY EXPENSES
Reimbursement of counties....................................... 395
CARNEY, RICHARD B.
Compensation.................................................... 4384
CARROLL COUNTY
Office of commissioner created.................................. 4656
Probate judgecompensation...................................... 3892
State courtjudge and solicitorcompensation.................... 4346
Superior court clerkcompensation............................... 4170
CATOOSA COUNTY
Clerk superior courtsalaryallowance for clerical help......... 3790
1912
INDEX
Commissionercompensation and allowances ...................... 4065
Sherifffiscal year of office changed ......................... 4068
Tax commissionerallowances for clerical assistants............ 3794
CEDARTOWN, CITY OF
Recorderauthority to impose punishment.. ......... ... 3771
CEMETERIES
Georgia cemetery act of 1983 enacted......................... 1508
CERTAIN TRACTS LOCATED IN FULTON COUNTY
Lease authorized................................................ 978
CHAMBLEE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
CHATHAM COUNTY
Board of commissionersdistricts changed........................ 4529
Board of public education, city-countymembers compensation ... 4153
City of Savannah and Chatham County school systemdistricts.... 3759
City of Savannah and Chatham County school systemterms of
president and board membersreferendum......... ............: 4039
CHATHAM COUNTY HOSPITAL AUTHORITY-H
Study commission created........................................ 4378
CHATTAHOOCHEE COUNTYM
Superior court clerkmethod of compensating changed............ 4031
CHATTOOGA COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
State court createdpractice, procedure, etc.referendum....... 4570
CHECKS OR DRAFTS, DISHONORED
Fees authorized to be charged for same when issued on retail
installment contracts...................................... 1430
CHEROKEE COUNTY
State court of Cherokee and Forsyth Countiesjudge and
solicitorsalaries and supplements......................... 4278
CHILDREN
Restraint devices required while transporting children
penalties for violation.................................... 1464
INDEX
1913
CHILD SUPPORT RECOVERY ACT
Amended.......................................................... 1816
CLARKE COUNTY
See Tabular IndexCounty MattersHome Rule Amendments
CLASS ACTIONS
Limited in interest and usury cases g......... .......... ....... 1316
CLAY COUNTY
Clerk superior courtmethod of compensating changed.............. 4167
Commissioner districts.................. .... .. .... 3785
Sheriffmaximum salary........................................... 3894
Tax commissionermethod of compensating changed.................. 4511
CLAYTON COUNTY--?*"*
See also Tabular IndexCounty MattersHome Rule Amendments
Board of commissionersmeetings, etc............................. 4503
Chairman of boardcompensation................................... 3628
Clerk superior court and deputiescompensation................... 3737
Commissioner districts reapportioned............................. 3617
Educational funds collected by tax commissionerdisposition...... 4113
Land conveyance.................................................. 596
Probate judgecompensation....................................... 3626
Sheriff and deputiescompensation............................... 3737
State court judgecompensation................................. 4217
State court solicitorcompensation. ............. 3873
Tax commissionercompensation.................................. 3631
CLERK OF THE HOUSE OF REPRESENTATIVES
Manner of election and term...................................... 494
COBB COUNTY
Board of educationmembers compensation ........................ 3636
County manageroffice created.................................... 4283
Education district boundaries.................................... 4010
Juvenile court judgecompensation................................ 3887
Magistrate courtselection of magistratescompensation . ........ 4376
Probate court, clerks compensation.............................. 4122
Judges.......................................................... 4127
Salary increases authorized to be delayed.................... ... 4245
Sheriff and deputiescompensation................................ 4353
South Cobb development authorityarea enlarged .................. 4324
State court, clerk and deputy clerkcompensation................. 3889
Jurisdictiondead docketcompensation of personnel............... 4223
Superior courtclerk and deputy clerkcompensation............... 4622
Superior courtsalary supplement of judges....................... 4125
Tax commissioner and clerkcompensation......................... 3634
1914
INDEX
COBB COUNTY AND CITY OF MARIETTA
Urged to resolve controversy ................................ 4382
COBB JUDICIAL CIRCUIT
Compensation of certain officials and employees.............. 4698
CODE REVISION, GENERAL
Official code of Georgia annotated amended........... .......... 3
COLBERT, CITY OF
Charter amendments; police courtpunishment authority; homestead
exemptionsreferendum.................................... 4181
COLLEGE PARK, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
COLQUITT COUNTY
School systemuse of local sales tax revenues................ 3753
COLUMBIA COUNTY
Commissioner districts....................................... 4607
Education districtsreferendum............................... 4411
COLUMBUS, GEORGIA
Municipal courtjudges salary............................... 4443
Penalties for violations of ordinances....................... 3773
Tort liability defined ...................................... 4493
COMMERCE, CITY OF
Administrative departments................................... 3513
COMMERCIAL FISHING
Penalties for fishing with power-drawn nets................... 490
COMMERCIAL FISHING LICENSES
Seasonalfees................................................. 467
COMMERCIAL PAPER
Liability of maker or drawer to assignee...................... 509
COMMERCIAL PRODUCING OIL WELL
Definition of commercial production............................ 514
COMMISSIONER OF AGRICULTURE
Annual salary................................................ 1831
INDEX
1915
Authority to make rules regarding milk and milk products.... 737
COMMISSIONER OF INSURANCE
Annual salary............................................... 1831
COMMISSIONER OF TRANSPORTATIOnMH
Term of office............................................... 400
COMMISSIONER OF VETERANS SERVICE
Office created.............................................. 1401
COMMUNITY SERVICE PROGRAMS
Participation in by probationers............................ 1593
COMPOSITE STATE BOARD OF MEDICAL EXAMINERS
Grounds to refuse or suspend licenses enlarged.............. 670
CONDITIONED AIR CONTRACTORS
Defined; regulated............................... ............ 424
CONFLICT OF INTEREST
Public officials and employeescertain conduct prohibited... 1326
CONGRESSIONAL REDISTRICTING PLAN, 1981
Diet. 4
DeKalb........................................................ 2E
Fulton....................................................... 2F
Dist. 5
DeKalb........................................................ 2F
Fulton....................................................... 2F
CONSOLIDATED ELECTION RETURNS
Filing with secretary of state............................... 686
CONSTITUTIONAL AMENDMENT PROPOSED
Effect of elected official qualifying for different office... 972
CONSTITUTIONAL AMENDMENTS CONTINUED IN EFFECT
Augustaad valorem tax exemptions........................... 4108
Fulton Countycreating industrial district................. 4077
Richmond CountyAugustaconsolidation of tax assessors...... 4094
Richmond Countyexemption of certain property from ad valorem taxes . 4143
Richmond Countylimitation on local taxing jurisdictions. 3870
CONSUMER ADVISORY BOARD
Terms of members ............................................ 743
1916
INDEX
CONSUMERS UTILITY COUNSEL
Practices and procedures, etc......................................... 834
CONTROLLED SUBSTANCES
Schedules of certain nonnarcotic substances authorized to be
excluded, etc..................................................... 349
CONVICTED FELONS
Unlawful possession of firearmsrestrictions removed in certain cases. 945
COOK COUNTY^
Board of commissionerscompensation of members........................ 4176
CORDELE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
CORONERS
Bullock Countycompensation.................................... 3818
Fannin County-compensation..................................... 3936
Richmond Countycompensation................................... 4173
CORPORATIONS
Directors, number required..................................... 1299
Law relating to registration of foreign and domestic corporations
extensively amended ....................................... 1479
Registered names; filing fees, etc............................. 1479
CORRECTIONAL INDUSTRIES
Compensating inmates prohibited...............................q 1795
CORRECTIONAL INSTITUTIONS
Leave privileges of inmates, limitations....................... 1806
Punishment of inmates ......................................... 1806
COSMETOLOGISTS AND ESTHETICIANS
Qualifications for licensing and registration ................. 1219
COUNTY BOARDS OF EQUALIZATION
Alternate method of selecting members.......................... 1158
COUNTY BOARDS OF TAX ASSESSORS AND TAX EQUALIZATION-^'11
Qualifications changed.......................................... 576
COUNTY COMMISSIONERS
See Tabular IndexNamed Countiesalso Counties and County Matters by
Population
INDEX
1917
COUNTY DOCUMENTS
Storage; county document defined............................. 653
COUNTY PROBATION DEPARTMENTS
Transfer of employees to department of offender rehabilitationeffect
on pension benefitscertain counties (550,000 or more) .... 421
COUNTY SCHOOL SUPERINTENDENTS
Forsyth Countyappointment referendum....................... 3521
COUNTY TAX COLLECTORS
Authority to deduct from school tax repealed (150,300-155,000). 414
COUNTY TAX OFFICIALS AND EMPLOYEES
Members of employees retirement system of Georgia, election in
certain cases............................................ 655
COUNTY TREASURERS
Manner of election, terms of office......................... 1212
COURTS, GENERALLY
Exercise of judicial powers by judges outside their own
courtscircumstances, procedures......................... 961
COURTS OF MUNICIPALITIES
Authorized to try and dispose of certain criminal cases ....... 825
COURTS OF RECORD
Use of letter-size paper in pleadings........................ 531
COURTS, SMALL CLAIMS
See Tabular IndexSmall Claims Courts
STATE COURTS
See Tabular IndexState Courts
CRAWFORD, CITY OF
Mayor and councilterms changed ............................ 3639
CRIME OF FLEEING A POLICE OFFICER
Punishment................................................... 836
CRIMES
Bailable offenses ............................................ 358
1918
INDEX
CRIMES AND PUNISHMENT;
Operating motor vehicle while intoxicatedpunishment........ 1000
Sexual assault defined..................................... 721
CRIMES OF THEFT
Shoplifting defined.......................................... 457
CRIMINAL BONDS AND RECOGNIZANCES
Forfeiture proceedings...................................... 1203
CRIMINAL EXTRADITIONS
Requirements of formality of executive, etc.................. 649
CRIMINAL JUSTICE COORDINATING COUNCIL
Additional members, etc...................................... 518
CRIMINAL LAW
Escape further defined..................................... 645
CRIMINAL PROCEDURE
Bailable offenses ............................................ 452
Continuances where party or attorney in attendance on general assembly . ... 675
Copy of indictment to be furnished accused............... 503
CUSTODY OF CHILDREN
Orders for temporary custody in certain divorce proceedings.. 632
D
DAVID, EDGAR GEORGE, JR.
Land conveyance.............................................. 969
DANGEROUS DRUGS
Listed....................................................... 349
State board of pharmacy authorized to delete drugs from list. 349
DAWSON COUNTY
Etowah water and sewer authoritymembers qualifications and
manner of electing...................................... 3718
DEATH PENALTY
Persons to be notified as to date of execution............... 665
DECATUR, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Corporate limits............................................ 4186
INDEX
1919
Corporate limits.................................................. 4544
DECATUR COUNTY
State courtjudge and solicitorcompensationterms of court, etc.. 4X45
DECEASED DEPOSITORS
Disposition of funds by financial institutions........ ........... 661
DECEASED EMPLOYEES
Payment of outstanding wages to survivors......................... 659
DEKALB COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
Board of commissionerspowers, duties, etc.referendum............ 4547
State courtassistant solicitors residency requirements deleted . 3709
State courtclerks duties re docketing........................... 3726
State courtterms.............................................. . . 4322
State-wide probation systemapproval of county becoming a part.... 3982
DELINQUENT CHILDREN
Orders for restitution in juvenile proceedings, etc............... 539
DENT, HONORABLE RICHARD A.-H
Portrait authorized............................................. 442
DENTISTS AND DENTAL HYGIENISTS
Practice regulated............................................... 1389
DEPARTMENT OF ADMINISTRATIVE SERVICES
Authorized to provide services to local political subdivisions.... 673
Plan of operation ratified ...................................... 598
Restrictions on attendance at seminars, lectures, etc. by
commissioners removed....................................... 546
DEPARTMENT OF HUMAN RESOURCES
Apprehension of delinquent children upon order of department, etc. 538
DEPARTMENT OF INDUSTRY AND TRADE
Incurring of expenses to secure new business, industry and
tourism authorized.......................................... 499
DEPARTMENT OF OFFENDER REHABILITATION
Confidentiality of inmatesupplied information.................. 680
Composition of board, terms of office, etc...................... 507
1920
INDEX
DEPARTMENT OF PUBLIC SAFETY
Free identification cards to certain persons ..................... 461
DEPARTMENT OF TRANSPORTATION .
Maintenance and operational assistance to state tollway authority. 635
DISABLED VETERANS
Relieved from payment of business or professional license fees.... 667
DISPOSSESSORY PROCEEDINGS
Payment of rent into registry of court............................ 513
DISTRICT ATTORNEYS
Griffin judicial circuit, county supplements...................... 386
DISTRICT ATTORNEYS EMERITUS
Duties; retirement benefits.................................... 1805
DOERUN, CITY OF
Charter amendments............................................ 4341
DOMESTIC RELATIONS CASES
Personal jurisdiction over nonresidents........................ 1304
DOORKEEPERS
Provided for house of representatives.......................... 385
DORAVILLE, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Mayor and councilterms of officereferendum.................. 3581
DOUGHERTY COUNTY
Commission districts changed.................................. 4194
County supplements to certain officials....................... 3757
Small claims court continued as magistrate courtjurisdiction,
procedures, etc........................................... 4234
State courtact creating amended.............................. 4238
DOUGLAS COUNTY
Airport authority createdmembership, terms of office,
powers, duties, etc....................................... 4578
Magistrates courtvacancies, how filled....................... 4367
DOUGLAS JUDICIAL CIRCUIT
Judges salary supplement...................................... 412
INDEX
1921
DOWNTOWN DEVELOPMENT AUTHORITIES
Copies of resolutions activating samefiling with secretary of state. 1346
DRIVERS LICENSES
Authority of department of public safety to issue duplicate licenses
and permits eliminated, etc...................................... 819
Fees for restoration of suspended licenses........................... 487
DUBLIN, CITY OFv
City courtmaximum fining and punishment authority................... 4072
giE
EARLY COUNTY
Board of commissionersterms, commissioner districts, compensation... 4256
Probate courtmanner of compensating judgedisposition of fees....... 3927
Small claims courtmanner of compensating judge...................... 3925
State courtcompensation of judge and solicitor................ 4205
EAST POINT, CITY OF^|
See also Tabular IndexMunicipalitiesHome Rule Amendments
East Point building authority created, powers, duties, etc........... 4302
EDUCATION-Pf
Alcohol and drug course ............................................. 745
EDUCATIONAL FACILITIES, CAPITAL OUTLAY FUNDS
Content of projections of average daily attendance................... 804
EDUCATIONAL FUNDS
Clayton Countyto be retained and remitted to county by
tax commissioner ......................................... 4113
ELBERTON, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
ELECTED CONSTITUTIONAL OFFICERS
Procedures when temporarily disabled.......................... 1207
ELECTIONS
Non-partisan election of judges, etc.......................... 1190
Reimbursement of expenses to counties in certain cases, etc.......... 964
Time for qualifying with party or as independent candidate........... 535
Voter registration and eligibility to vote........................... 786
1922
INDEX
ELECTIONS, RUN-OFF
Continuation of election, etc................................. 827
ELECTION CODE
Amended.........., .......... ............................ 1190
ELECTIVE OFFICES
Referendum required to abolish office or shorten term........ 685
ELECTRICAL CONTRACTORS
Defined; regulated............................................ 424
EMERGENCY MEDICAL TECHNICIANS
Services by, under certain conditions......................... 694
EMERGENCY VEHICLES
Permits....................................................... 447
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
Actuarial studies............................................. 637
Classification of members; transfer of county probation department
to state................................................. 1809
Creditable service for certain employees...................... 784
Credits for prior servicemilitary service................... 1856
Definition of employee...................................... 1859
EMPLOYMENT SECURITY LAW
Amended....................................................... 1153
EMPLOYMENT SECURITY LAW
Maximum weekly benefit increased.............................. 1592
ESTHETICIANS AND COSMETOLOGISTS
Qualifications for licensing and registration................. 1219
ETOWAH WATER AND SEWER AUTHORITY-#^
Members qualifications and manner of electing................. 3718
EVIDENCE
Use of interpreters for hearing impaired persons ............. 852
EXCISE TAXATION
Rates on cigars and cigarettes................................ 1834
INDEX
1923
EXPLOITATION OF MINORS IN SEXUALLY EXPLICIT CONDUCT
Prohibitedminor defined............................................ 1437
EXTRAORDINARY SESSION OF GENERAL ASSEMBLY
Governors proclamation convening.....................................2A
F
FAIR BUSINESS PRACTICES ACT OF 1975
Amended...................................................... 1298
FAIR EMPLOYMENT PRACTICES ACT OF 1978
Amended...................................................... 1097
FAMILY VIOLENCE SHELTERS
Licensing, etc............................................ 521
FANNIN COUNTY
Board of commissionerscompensation of chairman and members.. 3938
Coronercompensation....................................... 3936
FARM PRODUCED WINES
Sales authorized and regulated............................... 1116
FAYETTE COUNTY
Magistrate court created.................................... 4707
FINANCIAL INSTITUTIONS
Deceased depositors, disposition of funds................... 661
FINANCIAL INSTITUTIONS CODE
Amended..................................................... 602
FIREARMS
Discharge on Sunday......................................... 448
Licenses to carry; period of validity........................ 1431
FIREMEN
Definition changed with respect to indemnification of law
enforcement officers..................................... 1303
Georgia firemens pension fund fireman, volunteer fireman defined. 1310
FIRE PROTECTION DISTRICTS, SPECIAL
Brooks Countyauthorized .................................... 3695
1924
INDEX
FLINT JUDICIAL CIRCUIT
Investigator for district attorney .... ............................ 407
FLOWERY BRANCH, CITY OF
Mayors courtmaximum fines.................................... 3693
FLOYD COUNTY_
See also Tabular IndexCounty MattersHome Rule Amendments
Board of commissionerspowers.................................. 3811
County manageroffice created.................................. 4525
Merit systemadditional exemption from coverage....................... 4339
Superior court clerkcompensation..................................... 3896
FLOYD COUNTY MERIT SYSTEM ACT
Amended........................................................ 4339
FOREIGN CORPORATIONS ACTING IN A FIDUCIARY CAPACITY
Secretary of state as agent for service............................... 1474
FOREIGN TRUSTEES
Designation of agent for service of processeffect of failure, etc. .. 1474
FOREST PARK, CITY OF
Mayor and councilterms of office.............................. 3623
FORFEITURES OF MONEY OR OTHER PROPERTY
Disposition .................................................... 469
FORFEITURE PROCEEDINGS
Criminal bonds and recognizances.. ............................ 1203
FORT VALLEY, CITY OF
Municipal courtpowers......................................... 3686
FORSYTH COUNTY
Board of commissionerscommissioner districts.................. 4419
Board of educationelection districts for members . . ................ 4481
School superintendentappointmentreferendum;.................. 3521
State court of Cherokee and Forsyth countiessalaries and supplements
of judge and solicitor..................................... 4278
FREE EDUCATION FOR ELDERLY IN STATE UNIVERSITIES
Providedexceptions, etc........................................ 496
FULTON COUNTY^H
Authority to adopt ordinances and regulationspenalties, etc.......... 4055
INDEX
1925
FULTON COUNTYcontinued
Constitutional amendment creating industrial district continued.... 4077
County-wide library system act amended............................. 4228
Justice of peace and related offices abolished. ......... ......... 4037
Lease of certain tracts located in Fulton County authorized........ 978
Magistrates, how appointed ....................................... 4373
Probate judgenonpartisan election................................. 4063
State court, court calendar, subsidy for publishing................ 4053
State court, terms................................................. 4501
G
GAINESVILLE, CITY OF
Municipal courtjurisdiction....................................... 3688
GARDEN CITY, CITY OF
Corporate limits extended.......................................... 3868
GARNISHMENT
When pension or retirement funds subject............................ 683
GARNISHMENT, SUMMONS
Answer.............................................................. 454
GATES, JOHN J.
Compensation....................................................... 4090
GENERAL ASSEMBLY
Composition of certain state representative districts changed...... 1123
Disability of speaker of the house of representatives, procedure for
determining................................................... 681
Doorkeepers for house of representatives provided................... 385
Engrossed and enrolled copies of bills and joint resolutions, preservation
and filing ..................................................... 688
Expense allowances of members ..................................... 1831
Extraordinary sessiongovernors proclamation convening...............2A
Legislative services committee created.............................. 722
Limitation on passage of population bills.......................... 1205
Notices of intention to introduce bills, publication................ 646
Oath of office of members........................................... 963
President pro tempore of senate; speaker pro tempore of house
powers and duties............................................... 689
Sergeant-at-arms provided for senate.............................. 385
GEORGIA BUREAU OF INVESTIGATION |
Antiterrorism task force............................................ 393
GEORGIA CEMETERY ACT OF 1983
Enacted
1508
1926
INDEX
GEORGIA DEVELOPMENT AUTHORITY LAW
Amended.................................................. 1026
GEORGIA FIREMENS PENSION FUND
Certain terms redefined.................................. 1310
GEORGIA HOSPICE LAW
Enacted.................................................. 1317
GEORGIA INDUSTRIAL LOAN ACT
Application for licenseshearings......................... 479
GEORGIA LEGISLATIVE RETIREMENT SYSTEM
Credit for prior military service........................ 1856
GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT
Enacted.................................................. 1548
GEORGIA MOUNTAIN FAIR AUTHORITY
Qualifications of members, etc.project defined.......... 3776
GEORGIA PUBLIC REVENUE CODES
Amended.................................................. 1834
GEORGIA RESIDENTIAL AUTHORITY ACT
Amended.................................................. 1228
GEORGIA SECONDARY MARKET CORPORATION ACT
Repealed................................................ 1228
GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT
Amended.................................................. 1024
GEORGIA TIME-SHARE ACT
Enacted.................................................. 1255
GLYNN COUNTYJJ
Board of commissionerselection districts................ 3880
Brunswick-Glynn County charter commission act amendedreferendum .... 3739
Probate court personneldeputies annual salaries..... 3825
GOOD-TIME ALLOWANCES
Persons confined for misdemeanor offenses................ 1340
INDEX
1927
GORDON COUNTY-^*
Board of commissionerspowers, duties, etc., changed......... 4316
GORDON COUNTY
Minimum compensation for certain county officers.......... 4043
GOVERNOR
Oath of office............................................... 1539
GOVERNORS EDUCATION REVIEW COMMISSION
Created....................................................... 599
GOVERNORS PROCLAMATION
Convening general assembly in extraordinary session.............2A
GRAIN DEALERS
Financial statements to be submitted with license applications,
exceptions, etc........................................... 831
GRAND JURIES
Ocumulgee judicial circuitterms, etc......................... 419
GRIFFIN, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Griffin-Spalding County development authoritypowers and
duties defined............................................ 3834
GRIFFIN JUDICIAL CIRCUIT
District attorneys county supplements........................ 386
GROUP LIFE INSURANCE!
Maximum coverage for debtors.................................. 464
GWINNETT COUNTY-!^
Board of educationcompensation and expense allowances of members .... 4322
Board of educationmember election districts.................. 3573
Commissioner election districts............................... 3566
Sheriff, superior court clerk, probate judge, tax commissioner
compensation.............................................. 4034
State court, additional judge................................. 4213
H
HANDICAPPED PERSONS
Use of crossbows in hunting wildlife permitted, etc.
664
1928
INDEX
HALL COUNTY
Expense allowances for commissioners. ........................ 3570
School district boundaries described.......................... 4553
HANCOCK COUNTY
Magistrate courtconstitutional requirements implemented...... 4006
HARALSON COUNTY
County commissionercompensation.............................. 3947
Probate judgecompensation changed ........................... 3734
HART COUNTY
Probate judgecompensation.................................... 3755
HAZARDOUS SUBSTANCES
Nozzles and valves used in dispensing......................... 476
HEALTH
Health planning agency created, composition, functions........ 1566
Health planning review board created, composition, functions.. 1566
Health policy council created, composition, functions......... 1566
Public school childrenscreening for scoliosis................ 1547
HEARD COUNTY
Probate judgecompensation.................................... 3971
Tax commissionercompensation................................. 3973
Sheriffcompensation.......................................... 3975
HENDRIX, HAROLD M.
Land conveyance................................................ 969
HENRY COUNTY
Board of commissioners, compensation.......................... 3958
Clerk superior court, probate judge, sheriff, tax commissioner
compensation............................................... 4518
HERITAGE TRUST COMMISSION
Life extended.................................................. 460
HOBOKEN, CITY OF
Recorders court fines........................................ 4140
HOMESTEAD EXEMPTION
Application, filing; effect of failure to file.............. 1849
Misdemeanor to solicit to file for a fee application on behalf of another .... 1849
INDEX
1929
HOSPITAL AUTHORITIES
Conflict of interest policy established for members ............. 1317
HOSPITAL LIENS
Definitionsliens for nursing home care, etc. ................. 548
HOSPITALS AND RELATED INSTITUTIONS
Authorized to grant staff membership to psychologists.......... 1426
Emergency relocation of patients or residents.................. 1323
Required to provide information regarding charges, etc. ..!.... 1307
HOUSE OF REPRESENTATIVES
Clerkmanner of election and term.............................. 494
Composition of certain election districts changed.............. 1123
Doorkeepers provided........................................... 385
HUNTING LICENSES
Reciprocity agreements with certain states..................... 837
HUSBAND AND WIFE
Provision regarding husband as head of household abolished .... 1309
I
ILLEGAL DRUGS
Punishment for trafficking in................................... 620
INCOME TAX WITHHOLDING
Criminal penaltiesnoncompliance with notice of delinquency.... 1834
Samefailure to comply with special accounting procedures.... 1834
Successors to businesses, liability for unpaid amounts......... 1834
INDEMNIFICATION OF LAW ENFORCEMENT OFFICERS
Firemen defined................................................ 1303
Permanent disability defined.................................. 651
Prison guard redefined....................................... 1469
INMATES OF CORRECTIONAL INSTITUTIONS
Punishment, methods permitted and prohibited. Leave privileges,
limitations................................................ 1806
INSTITUTIONAL LICENSES TO PRACTICE MEDICINE
Renewal in certain cases........................................ 720
INSURANCE
Property insurance redefined, etc............................. 864
1930
INDEX
INSURANCE COMMISSIONER
Fees and other charges................................................... 729
INSURANCE FEES AND TAXES
Life insurance companiesimposition of license fees, etc................. 1595
INSURANCE COMPANIES
Arrest bonds, sureties on certificates of trucking clubs or associations. 695
INSURANCE COMPANIES, LIFE
License fees, taxes, etc...................................... 1595
INSURANCE, LIFE AND ACCIDENT
Use of simplified language in policies and certificates required......... 473
INSURANCE RATES AND RATING ORGANIZATIONS
Filing of rates with commissioner, etc................................... 629
INTEREST AND USURY
Class actions for violations limited.......................... 1316
Permissible rates, etc........................................ 1146
INTEREST RATES
Life insurance loans........................................... 616
ITINERANT ENTERTAINERS
Designation of attorney in fact for service.............................. 1474
IVEY, JAMES R., JR.
Land conveyance.............................................. 584
J
JACKSON, CITY OF ^
Conveyance of estate for years................................. 588
Mayor and councilvacancies in officemaximum fines, etc................. 4344
JASPER, CITY OF
New charter enacted........................................... 3534
JASPER COUNTY
Treasureroffice abolished.................................... 4605
JEFF DAVIS COUNTY
Board of commissioners, election districts................... 4334
Education districtscomposition............................... 4130
INDEX
1931
JEFFERSON COUNTY
Office of treasurer abolished . . . .................. ........ 3964
Probate judgemethod of compensating changed................... 3809
Tax commissionersalary..................................... 3503
JEKYLL ISLAND STATE PARK AUTHORITY
Authorized to sell alcoholic beverages ...................... 1213
Power to contract with Brunswick and Glynn County
development authority................................... 4057
Powers regarding fire safety codes, etc. ...................... 643
JOINT COUNTY AND MUNICIPAL SALES TAX
Distribution.................................................. 1461
JONES COUNTY
Board of educationcompensation............................... 3714
Magistrate courtappointment and compensation of judge........ 4081
Office of tax commissioner created............................ 3830
Probate judgemethod of compensating.......................... 4051
JURISDICTION, PERSONAL
Nonresidentspersonal jurisdiction over in certain domestic
relations cases........................................... 1304
JUSTICE OF THE PEACE
Fulton Countyoffice abolished ............................... 4037
JUVENILE COURTS
Cobb Countycompensation of judge.............................. 3887
JUVENILES
Disposition of delinquent or unruly juveniles.................. 829
11'?K
KENNESAW-jg|*;
Corporate limits changed....................................... 4565
L
LABOR, DEPARTMENT OF
Supplementary appropriation.................................... 449
LAFAYETTE, CITY OF-^H
Charter amendments............................................. 4274
1932
INDEX
LANDS LEASED FOR PUBLIC PURPOSES
Leases to private parties excluded from definition............. 647
LAURENS COUNTY
Probate judgecompensation...................................... 3781
Tax commissionercompensation................................... 3778
LAW ENFORCEMENT OFFICERS
Indemnification, firemen........................................ 1303
Prison guard redefined with respect to indemnification of
law enforcement officers.................................... 1469
LAWSON, ROGER H.
Memorial bridge designated..................................... 000
LEARY, CITY OFg^jj
Corporate limits changed........................................ 3949
LEVY AND SALE
Property exemptrequirements for eligibility, etc............... 1170
LIBERTY COUNTY
Liberty County industrial authoritypowers, etc................. 4087
Probate courtmethod of compensating judge; employment
of clerk authorizedcompensation............................ 4157
State courtcompensation of judge and solicitor................ 3899
LICENSED HOSPITALS AND OTHER HEALTH CARE FACILITIES
Approved disaster preparedness plan required................... 783
LICENSED PRACTICAL NURSES
Training required; renewal of licenses......................... 465
LICENSE FEES, BUSINESS AND PROFESSIONAL
Disabled veterans relieved from payment of same ............... 667
LICENSES TO CARRY FIREARMS
Period of validity............................................ 1431
LIENS
Hospital and nursing home for treatment and care............... 548
LIENS, MECHANICS AND MATERIALMENS
Provisions relating to preliminary notices of lien rights and claims
of liens, etc. changed...................................... 1450
INDEX
1933
LIEUTENANT GOVERNOR
Annual salary............................................... 1831
Oath of office............................................... 1539
LIFE INSURANCE
Policy loan interest rates, etc............................. 616
LIVESTOCK DEALERS, BROKERS, PACKERS, MARKET OPERATORS, ETC.-;-.
Bonding...................................................... 1161
LOCAL EXCISE TAXES
Exemption from levy.......................................... 639
LOCAL GOVERNMENT INVESTMENT POOL
Definition of agencies authorized to utilize same............ 455
LOCAL TAXING JURISDICTIONS
Limitations on continued (Richmond County)................... 3870
LOCUST GROVE, CITY OF
Provisions regarding offices dealing with city changed....... 4208
M
MACON-BIBB COUNTY WATER & SEWERAGE AUTHORITY ACT
Amended..................................................... 3509
Easement..................................................... 440
MACON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Bibb County-City of Maconintergovernmental relations study
commission authorized.................................... 4263
Macon-Bibb County water and sewerage authorityemployees
pension plan amended..................................... 3967
President pro tempore of city councilmanner of selecting... 4327
MACON COUNTY
Board of commissionerscompensation of chairman and other members.... 4048
MAGISTRATES COURTS
See also Tabular IndexMagistrate Courts and Counties and
County MattersNamed Counties
State-wide system createdjustice courts abolished........... 884
MALT BEVERAGES
License requirements for manufacture, distribution and sale.. 1214
1934
INDEX
MANUFACTURED HOMES
Inspection and manufacturing fees.......................... 456
MARIETTA, CITY OF
Downtown development authority act amended ......................... 3563
Mayorveto power........................................... 4119
MARIETTA, CITY OF, AND COBB COUNTY-^
Urged to resolve controversy .............................. 4382
MARRIAGE
Provision regarding husband as head of household abolished ......... 1309
MAXIMUM WIDTH, LENGTH AND WEIGHT OF MOTOR TRUCKS
Changed................................................... 1798
McCUTCHEN, PLEASANT THEODORE, SR.
Bridge designated.......................................... 4092
MENTALLY RETARDED, HANDICAPPED AND ELDERLY
Study committee .for tax credit for family support created.......... 997
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY,
Construction, etc., priorities changed.................... 1087
Levy of retail sales tax for authority extended..................... 1079
METROPOLITAN RIVERS LAND USE
Law amended............................................... 1059
MIDYEAR ADJUSTMENT RESERVED
Appropriation for fiscal 1983 authorized.................. 1815
MILITARY RECRUITERS
Access to student directory information in public secondary schools. 1429
MILK AND MILK PRODUCTS
Authority of commissioner of agriculture to make rules..... 737
MILLEDGEVILLE, CITY OF15
Mayor and aldermencompensation............................ 4330
MILLER COUNTY
Board of commissioners created............................. 4594
INDEX
1935
MINORS
Exploitation in sexually explicit conduct prohibited; minor defined...... 1437
MISDEMEANOR OFFENSES
Good-time allowances for persons confined for such.......... 1340
MISDEMEANORPUNISHMENT
Exploitation of minors in sexually explicit conduct......... 1437
MONTGOMERY COUNTY
Board of commissionerscompensation and expenses of members. 4149
MOTIONS FOR NEW TRIAL
Forms in civil and criminal cases .......................... 702
MOTOR COMMON CARRIERS
Suspension or cancellation of operating authority........... 529
Temporary emergency authority to provide service ........... 462
MOTORCYCLES
Liability insurance required................................ 726
MOTOR FUEL TAX REPORTS
Criminal penalties for failure to file..................... 1834
MOTOR TRUCKS
Maximum width, length and weight changed................... 1798
MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW
Amended..................................................... 938
MOTOR VEHICLES, LICENSING AND REGISTERING
University of Georgia bicentennial special license plates,
issuance authorized ................................... 1466
MOTOR VEHICLE SAFETY
Child restraint devices required while transporting certain children
penalties for violation................................. 1464
Common, contract and private carriersinspection of vehicles on request.... 735
MOTOR VEHICLE TAG REGISTRATION
Fees for restoration of suspended registrations
487
1936
INDEX
MOTOR VEHICLES
Unlawful to affix material to windshield or front door windows so as
to obstruct vision into vehicle.......................... 1300
MOTOR VEHICLES, REGISTRATION AND LICENSING
Duty of owner to report theft of license plates................. 676
MUNICIPAL CORPORATIONS
See also Tabular IndexMunicipal CorporationsNamed Cities;
MunicipalitiesHome Rule Amendments
Copies of resolutions activating development authoritiesfiling with
secretary of state ...................................... 1346
Home rule powers.............................................. 468
Powers of annexation restricted............................... 545
MUNICIPAL ELECTIONS
Costs where conducted by certain counties (175,000-185,000) .... 402
MUNICIPAL RECORDERS AND POLICE COURTS
See Tabular IndexSame Title
MURRAY COUNTY
New board of education createdreferendum....................... 3611
N
NATURAL GUARDIANS OF MINORS
Conditions requiring bond changed............................. 669
NEWTON COUNTY
Homestead exemptionreferendum............................... 3814
Probate courtprocedure, prosecutions for violation of county
ordinances............................................... 4350
Small claims courtfees...................................... 3750
NONNARCOTIC SUBSTANCES
Certain such excluded from schedule of controlled substances ... 349
NONPROFIT CONTRACTORS
Annual audit reports.......................................... 641
NONRESIDENTS
Personal jurisdiction over in certain domestic relations cases . 1304
NONRESIDENT MOTOR COMMON CARRIERS
Designation of agent for service of process.................. 1474
INDEX
1937
NONRESIDENT MOTOR CONTRACT CARRIERS
Designation of agent for service of process................ 1474
NONRESIDENT STUDENTS
Exemption from motor vehicle registration and drivers licensing
in certain cases......................................... 638
NORTH GEORGIA COLLEGE
Military scholarships........................................ 778
NORWOOD, TOWN OF .
Mayor and councilmenterms changed.......................... 4210
NUCLEAR PHARMACY LAW^B
Enacted...................................................... 790
O
OAKWOOD, CITY OF
Recorders courtmaximum fines.............................. 3691
OCMULGEE JUDICIAL CIRCUIT
Grand juries................................................. 419
Terms of court............................................... 415
OCONEE COUNTY
Board of commissionerscompensation of chairman and members. 3800
OCONEE, TOWN OF
Recorders courtauthority to punish........................ 3783
OFFENSES AGAINST PUBLIC ORDER AND SAFETY
Injury to a police dog....................................... 528
OFFICE OF ENERGY RESOURCES
Establish, powers, duties, etc.............................. 1539
OFFICIAL CODE OF GEORGIA ANNOTATED
See also Tabular IndexOfficial Code of Georgia Annotated
Amended........................................................ 3
OPERATING MOTOR VEHICLE WHILE INTOXICATED
Punishment.................................................. 1000
OUTDOOR ADVERTISING
Placement restrictednotice required......................... 471
1938
INDEX
P
PALMETTO, CITY OF
Corporate limits extended.................................... 4110
Corporate limits extended.................................... 4134
PARDONS AND PAROLES
Limitation on grant in certain cases............................... 523
PARENT AND CHILD
Liability of father to support child born out of wedlock........... 1816
PARTITIONING OF PROPERTY HELD IN COMMON^-
Sale of interests of petitioners................................... 1182
P.D. OIL AND CHEMICAL STORAGE, INC.
Easement...................................................... 975
PEACE OFFICER AND PROSECUTOR TRAINING FUND ACT OF 1983-^B
Enacted..... ................................................ 1094
PENAL INSTITUTIONS
Good-time allowances for persons confined for misdemeanor offenses. 1340
PENSIONS
Effect on benefits upon transfer of employees from county probation
departments (550,000 or more) to department of offender
rehabilitation................................................ 421
PERRY, CITY OFst*tf i
See also Tabular IndexMunicipalitiesHome Rule Amendments
New charter ............................................... 4386
PHARMACISTS
Qualifications for license.................................. 790
PHARMACISTS AND PHARMACIES
Third-party prescription program act enacted............... 1441
PICKENS COUNTY
Small claims court established............................... 3524
PINEHURST, CITY OF
Mayor and councilelection provisions changed............... 3684
INDEX
1939
PINEVIEW, TOWN OF
Ad valorem taxauthority to imposeviolations of ordinances
authority to punish ...................................... 4004
PLUMBING CONTRACTORS
Defined, regulated............................................. 424
PODIATRISTS
Grounds for refusal or revocation of license................... 796
POOLER, TOWN OF
Aldermanic boardcomposition................................... 3865
POPULATION BILLS
Limitation on passage by general assembly...................... 1205
POST MORTEM EXAMINATIONS
Time limit for release of body after same...................... 728
POWDER SPRINGS
Downtown development authorityvacancies in membership, etc.... 4279
PRACTICE OF MEDICINE
Reports relating to denials, revocations or restrictions of staff
privileges, etc....................................... 882
Requisites for taking licensing examination changed............ 881
PREPAID LEGAL SERVICES
Insurance companies authorized to write plans, etc............. 748
PRESCRIPTIONS FOR SCHEDULE III, IV AND V CONTROLLED
SUBSTANCES
Form and content............................................. 349
PRESENTENCE OR POSTSENTENCE INVESTIGATIONS
Confidentiality................................................ 697
PRISON GUARD REDEFINED
Respecting indemnification of law enforcement officers......... 1469
PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY
Created; composition of authority; terms; powers; duties, etc.. 1820
PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT
Short title changed........................................... 1820
1940
INDEX
PRIVATE DETECTIVE AND SECURITY AGENCIES
Suspension of licenses .................................. ... 489
PROBATE COURTS
See also Tabular Indexsame heading
Costs in certain counties (38,000-38,200)................... 404
Judges minimum salary....................................... 482
Judgesproceeding when disqualifiedcertain counties (550,000 or more) . 544
Schedule of costs changed................................... 867
PROBATE IN SOLEMN FORM
Petition for noticeservice by mail................................ 511
PROBATION SYSTEM, STATEWIDE
DeKalb Countyapproval of county becoming a part................... 3982
PROBATIONERS
Community service programslive-in attendants for disabled persons. 1593
PROCESS, SERVICE
Fees charged by secretary of state for accepting service on nonresidents .... 1474
PROCESS, SERVICE ON NONRESIDENTS
Mannerhow perfected......................................... 1474
PROPERTY EXEMPT FROM LEVY AND SALE
Requirements for eligibility, etc............................ 1170
PUBLIC OFFICERS AND EMPLOYEES
Salaries of certain public officials ....................... 719
PUBLIC OFFICE-HOLDERS
Eligibility requirements.................................... 930
PUBLIC OFFICIALS AND EMPLOYEES
Conflict of interestcertain conduct prohibited.............. 1326
PUBLIC RETIREMENT SYSTEMS LAW
Enacted...................................................... 1368
PUBLIC SAFETY, DEPARTMENT OF
Issuance of free identification cards to certain persons........... 461
PUBLIC SCHOOL CHILDREN
Screening for scoliosis authorized........................... 1547
INDEX
1941
PUBLIC SERVICE COMMISSION
Annual salary of members......................................... 1831
PUBLIC WORKS CONTRACTS
Periodic paymentsretention limited ................................. 475
PURCHASE WITHOUT COMPETITIVE BIDDING
Dollar limits changed as to certain state agencies................... 520
R
RABUN COUNTY v
Board of commissionerscompensation of chairman and members.......... 3716
Clerk superior courtcompensation................................ 4155
RAILROAD COMPANIES
Shareholders annual meetings................................... 445
REAL ESTATE BROKERS AND SALES PERSONS
License feesrenewal of licenses, etc................................ 1411
REAL ESTATE TRANSFER TAX
Effect of filing instrument as to notice ............................ 725
REAL PROPERTY TAXATION
Preference where property devoted to bona fide agricultural purposes. 1850
REDISTRICTING OF 4TH AND 5TH CONGRESSIONAL DISTRICTS
1981 plan......................................................... 2C
REFFNER, MARY D.
Compensation..................................................... 4381
RESIDENTIAL HOUSING
Secondary market program......................................... 1228
RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW
Definitions, applicability........................................ 515
RESTITUTION OF AMOUNT OF BAD CHECK, ETC.
Made while offender serves a probated or suspended sentence, etc. 1189
RETAIL INSTALLMENT CONTRACTORS
Fees charged for dishonored checks or drafts
1430
1942
INDEX
RETAIL SALES TAX
Levy for metropolitan Atlanta rapid transit authority extended... 1079
REVENUE SHORTFALL RESERVE
Appropriation for fiscal 1983 authorized......................... 1815
REYNOLDS, CITY OF
Charter amendmentscompetitive bids............................. 3875
Judge municipal courtqualifications............................ 3875
RICHMOND COUNTY
Civil courtcompensation of judges............................... 4173
Constitutional amendmentconsolidation of county and City of Augusta
tax assessors continued in force............................. 4094
Compensation of certain officials changed....................... 4173
Treasureroffice abolished...................................... 3863
Exemption of certain property from ad valorem taxation continued. 4143
Limitations on local taxing jurisdictions continued.............. 3870
Richmond County board of health continued........................ 4702
Sheriffs merit system board created ............................ 4495
RIVERDALE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
ROCKDALE COUNTY
See also Tabular IndexCounty MattersHome Rule Amendments
Magistrate courtpractice, procedure, jurisdiction, etc..... 3651
ROCKMART, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Recorderauthority to punish for law violations and contempt..... 4046
ROME, CITY OF
Board of educationadditional memberelection of members, etc.... 3641
Commission memberselectioncompensation........................ 4188
ROSSVILLE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
S
SAFE DAMS STUDY COMMISSION
Created.......................................................... 582
SALE CITY, CITY OF
Mayor and councilmanterms and election procedures .............. 3748
INDEX
1943
SALES TAX, JOINT COUNTY AND MUNICIPAL
Distribution............................. ...................... 1461
SALVAGE MOTOR VEHICLES OR PARTS
Sale to an unlicensed dealer prohibited......................... 699
SAPELO HERITAGE AUTHORITY
Created........................................................ 623
SAVANNAH, CITY OF-H
See also Tabular IndexMunicipalitiesHome Rule Amendments
Board of aldermenmanner of filling vacancies................... 3827
Board of public education for the City of Savannah and the County
of Chathammembers compensation.......................... 4153
City of Savannah and Chatham County school systemdistricts .. . 3759
City of Savannah and Chatham County school systemterms of
president and board membersreferendum.................... 4039
Easement to resource recovery development authority............ 586
SCHOOL BUSES
Certain laws relating to school buses inapplicable to publicly
owned transit system..................................... 633
SCHOOL BUS DRIVERS
Minimum salaries prescribed..................................... 1218
SCHOOLS, STATE AID TO LOCAL SYSTEMS
Program of grants authorized................................... 823
SCOLIOSIS
Screening of public school children for same.................... 1547
SCREVEN COUNTY
State courtcompensation of judge and solicitor ................ 3923
SECRETARY OF STATE
Annual salary.............................................. 1831
Copies of resolutions activating downtown development authorities
to be filed with secretary of state......................... 1346
Fees for accepting service of process on nonresidents ........ 1474
SECRETARY OF STATE CORPORATIONS
Minimum number of directors.................................... 506
SECRETARY OF THE SENATE
Manner of election and term
494
1944
INDEX
SECURITIES DEALERS AND SALESMEN
Exemption from requirement to provide surety bonds............ 781
SEMINOLE COUNTY
Board of educationelection of members, manner of filling vacancies
procedurescompensation................................... 3994
SENATE
Secretarymanner of election and term......................... 494
Sergeant-at-arms provided.................................... 385
SERVICE MARKS
Registration fees ............................................ 1470
SHERIFFS RETIREMENT FUND OF GEORGIA
Additional member of board of commissioners, etc. ........... 1185
SMALL CLAIMS COURTS
Wilcox Countyestablished..................................... 3984
SMALL CLAIMS COURTS
See Tabular Indexsame heading
SOUTH COBB DEVELOPMENT AUTHORITY
Area enlarged................................................. 4324
SOUTHERN JUDICIAL CIRCUIT
Supplement to compensation of judge........................... 753
SPALDING COUNTY
Griffin-Spalding County development authoritypowers and
duties defined .......................................... 3834
Sale of certain tract located in Spalding County authorized .. 993
SPECIALIZED LAND TRANSACTIONS
Georgia time-share act enacted.............................. 1255
STATE AND LOCAL BONDED OBLIGATIONS
Purposes, etc................................................. 839
STATE BOARD OF EDUCATION
Manner of filling vacancies................................... 495
STATE BOARD OF EQUALIZATION
Appeals of tax assessments to same............................ 1834
INDEX
1945
STATE BOARD OF MEDICAL EXAMINERS
Directed to adopt certain rules ........... .............. 590
STATE BOARD OF PARDONS AND PAROLES-iOn
Members, meetings, duties, etc............................ 500
STATE BOARD OF PHARMACY
Authorize to delete drugs from list of dangerous drugs.... 349
STATE BOARD OF RECREATION EXAMINERS
Termination date changed.................................. 679
STATE BOXING COMMISSION^!
Created................................................. 941
STATE CONSTRUCTION INDUSTRY LICENSING BOARD
Createdpowers, etc... ..... ............................. , 424
STATE COURTS
See also Tabular Indexsame heading
Jurisdiction, qualifications and compensation of judgesuniformity. 1419
STATE LICENSED AND BONDED WAREHOUSES
Financial statements of licensees and applicants ......... 946
STATE MEDICAL EDUCATION BOARD
Createdorganization, powers, etc. ...................... 951
STATE MERIT SYSTEM-gg,
Covered employees defined................................. 459
STATE REPRESENTATIVE DISTRICTS
Composition of certain districts changed.................. 1123
STATE REVENUE COMMISSIONERS
Annual salary............................................ 1831
Qualifications for office................................. 526
STATESBORO, CITY OF-
Recorders courtmaximum amount of fines authorized................ 4247
STATE TOLLWAY AUTHORITY
Maintenance and operational assistance by department of transportation .... 635
1946
INDEX
STATE WATER WELL STANDARDS ADVISORY COUNCIL
Termination date changed....................................... 478
STATE WIDE FIRE PROTECTION STUDY COMMITTEE
Resolution creating amended.................................... 999
STONE MOUNTAIN JUDICIAL CIRCUIT
Judges salary supplements..................................... 775
STRUCTURAL PEST CONTROL LAW
Amended..................................................... 739
SUMMERVILLE
City managerposition created................................. 4614
SUMTER COUNTY^B
Clerk of superior court; probate court judge, sheriff, tax commissioner
minimum compensationsupplements.......................... 4079
Sheriffcompensation.......................................... 4002
Tax commissionercompensation................................. 4000
SUPERIOR COURTS
See also Tabular Indexsame heading
Clerks minimum annual salarydetermination of population in
certain counties........................................... 581
Clerks minimum annual salary fixed by county population......... 578
Clerks retirement fundcharges for filing civil cases........... 555
Clerkstraining required ................................... 1306
Filing fees................................................... 1210
Judges salary supplements, certain counties (38,000-39,000). 403
SUPREME COURT
Terms, divisions, procedure, records, minutes, etc............. 956
SUPPLEMENTARY APPROPRIATIONS ACT
Enacted..... .................................................. 159
T
TALBOT COUNTY
Board of commissionerselection of members, terms of office, etc. 4105
TATTNALL COUNTYA
Probate courtmethod of compensating judge changed............ 4270
INDEX
1947
TAX ASSESSORS AND TAX EQUALIZATION BOARDS, COUNTY
Qualifications changed......................................... 576
TAXATION
Banks and building and loan associations revised................... 1350
Execution and levy to collect fees, etc. due state................. 1834
TAXATION, AD VALOREM
Date of making returns changed................................. 1849
TAXATION, ASSESSMENTS
Appeals to state board of equalization; procedures................. 1834
Service of notice of same...................................... 1834
TAXATIOnBdELINQUENT TAXES
Rate of interest and penalty in certain counties (175,000-190,000). 752
TAX EXECUTION FEES
Law relating to assessment of same changed.......................... 575
TAX EXECUTIONS
Entry of satisfaction......................................... 1834
Garnishmentsjurisdiction over................................ 1834
Proceeding for prevention of dormancy......................... 1834
TAX SALES
Amounts to be paid upon redemption............................. 822
TAYLORSVILLE, TOWN OF
Charter amendmentsreferendum................................. 4161
TEACHERS RETIREMENT SYSTEM OF GEORGIA
Beneficiaries authorized to act as teachers aides or substitutes.. 949
Certified professional personnel defined.................... 1859
Election of membership in employees retirement system of Georgia... 1859
TECHNICIANS ASSISTING VETERINARIANS
Laws regulating revised........................................ 705
TELEGRAPH COMPANIES
Procedure for incorporation.................................... 859
TEMPORARY DISABILITY OF ELECTED CONSTITUTIONAL OFFICERS
Procedures......................................................... 1207
1948
INDEX
TEMPORARY GUARDIANS FOR MINORS
Appointment in certain cases....................................... 692
TENANTS IN COMMON-^JPB
Sale of interests of petitioners for partition..................... 1182
TERRELL COUNTY
Small claims court costs .......................................... 3711
THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF
1965-H|
Amended................................................... ... 764
THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS AND
SALVAGE DEALERS REGISTRATION ACT
Amended.................................................... 710
THIRD-PARTY PRESCRIPTION PROGRAM ACT
Enacted..................................................... 1441
THOMAS COUNTY
Board of commissioners created, election, etc.. ..... ............. 3605
Small claims court.election of judge.......... ..... ............. 3902
THOMASTON, CITY OF
Board of educationmethod of selecting members changed ............ 3506
Thomaston-Upson county office building authoritypowers defined. 3951
THOMPSON, GEORGE W. ;
Bridge designated ............................................. 4091
TICKET SCALPING
Prohibitedservice charges authorized........................... 1468
TIFT COUNTY-^B
Board of commissioners-authority to fix salary of chairman ....... 3954
Board of commissionersauthority to fix salary of tax commissioner. 3956
TIFTON-TIFT COUNTY-igj
Charter commission act enacted ................................. 3590
TIME-SHARE ESTATES
Georgia time-share act enacted................................ 1255
INDEX
1949
TOOMBS CIRCUIT
Lincoln County grand jury terms .............................. 774
TOWNS COUNTY
Georgia mountain fair authorityqualifications of members
project defined......................................... 3776
Probate judgemanner of compensating......................... 4620
Sheriffcompensationdeputies authorizedcompensation
county automobiles........................................ 4074
TRADEMARKS
Registration fees ........................................... 1470
TRAINERS, ATHLETIC
Licensing..................................................... 444
TREASURERS, COUNTY
Jasper Countyoffice abolished............................... 4605
Manner of electionterms of office............................ 1212
Richmond Countyoffice abolished............................. 3863
TUCKER, MAMIE O. ESTATE
Land conveyance............................................... 969
TUCKER, W.R., HEIRS AND OTHERS
Land conveyance............................................... 969
TURNER, MYRTIE VERA
Land conveyance............................................... 969
TURNER, MYRTIE VERA, AND CLINTON W., AS EXECUTORS OF ESTATE
OF MAMIE O. TUCKER
Land conveyance............................................... 969
TYBEE ISLAND, CITY OF
Charter amendmentsreferendum................................ 3586
TYRONE, TOWN OF
Councilmen, termselection................................... 4704
U
UNEMPLOYMENT COMPENSATION
Maximum weekly benefit increased.............................. 1592
1950
INDEX
UNION POINT, CITY OF-jgjri
Authority to assess fines and punishment............................... 4061
UNION COUNTY
Board of educationelection of members, vacancies, etc.referendum .... 4514
UNIVERSITY OF GEORGIA BICENTENNIAL SPECIAL LICENSE PLATES
Issuance authorized ................................................... 1466
UPSON COUNTY
Thomaston-Upson County office building authoritypowers defined........ 3951
USED CAR DEALERS
Law regulating business changed........................................ 550
V
VEHICLE EQUIPMENT SAFETY COMPACT-H
Georgia withdrawn ........................................... 691
VETERANS
Office of commissioner of veterans service created..................... 1401
VETERINARIANS, TECHNICIANS ASSISTING
Laws regulating revised..................................... 705
VIDALIA, CITY OF
Charter amendments......................................... 4362
VITAL RECORDS
Delayed certificates of birth, etc.......................... 732
VOLUNTEER FIREMAN
Georgia firemens pension fund, firemen, volunteer fireman defined. 1310
VOTER REGISTRATION
Certain qualifications revised and up-dated................. 930
W
WALKER COUNTY
Probate judgemaximum compensation of personnel.............. 3721
Superior court clerkmaximum compensation of personnel ................ 3724
Tax commissionercompensation of office personnel...................... 3884
INDEX
1951
WALTON COUNTY
Sheriffs officebenefits to personnel, etc.................... 4357
WALTON, RICHARD
Compensation................................................. 4380
WATER AND SEWER AUTHORITY, ETOWAH
Members qualifications and manner of electing................. 3718
WATER AND SEWERAGE AUTHORITIES
Macon-Bibb County act amended............................... 3509
WATKINSVILLE, CITY OfJm
New charter enacted.......................................... 4625
WAYNE COUNTYJ
State courtcompensation of judge and solicitor.............. 3931
Superior courtcompensation of clerk......................... 3933
WHEELER COUNTY
Commissioncompensation changed............................... 4151
WHITE, MRS. MARGARET BURKE
Land conveyance............................................... 592
WHITE PLAINS, CITY OF
New charter enacted........................................... 4665
WILCOX COUNTY
Small claims court established................................ 3984
WILDLIFE, HUNTING
Use of crossbows by handicapped persons permitted, etc........ 664
WILKINSON COUNTY^^
Board of commissionerselection, meetings, etc................ 3699
Board of commissionersmembers compensation.................. 3697
Board of educationelection of successor board; districts, terms
of office, etc............................................ 3911
WINES, FARM PRODUCED
Sales authorized and regulated............................... 1116
WINTERVILLE, CITY OF
Police courtpunishment authority............................. 3707
1952
INDEX
WORKERS COMPENSATION
Duty of board to inform injured worker of rights............. 700
Expenses of deceased employees last illness and burial expenses changed.... 700
WORTH COUNTY
Small claims courtjurisdictional amounttenure of judge
fees and costs .......................................... 3960
WRITINGS AS EVIDENCE, AUTHENTICATION
Writings which may be received, etc........................... 525
WRITS OF POSSESSION
Issuance to owners of rented or leased personal property..... 724
INDEX
1953
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
1950
14,003
7,362
8,940
5,952
29,706
6,935
13,115
27,370
14,879
13,966
114,079
9,218
6,387
18,169
5,965
24,740
23,458
9,079
8,578
7,322
8,063
34,112
15,146
4,821
151,481
12,149
21,197
20,750
36,550
5,844
22,872
6,007
61,830
23,961
33,999
9,525
12,201
27,786
6,080
17,663
7,364
3,712
23,620
136,395
17,865
14,159
43,617
12,173
17,413
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
I
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655
6,437
38,272
21,541
33,012
9,433
11,919
26,972
7,128
17,540
5,894
4,479
22,234
86,942
21,022
16,886
28,565
10,053
18,679
1930
13,314
6.894
7,055
7,818
22,878
9,703
12,401
25,364
13,047
14,646
77,042
9,133
6.895
21,330
6,952
26,509
29,224
9,345
10,676
6,338
9,903
8,991
34.272
9,421
4,381
105,431
8,894
16.407
20,003
26,613
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
18,025
22,306
9,461
18.273
1954
INDEX
County
Echols
Effingham
Elbert
Emanuel
Evans
Fannin
Fayette
Floyd
Forsyth
Franklin
Fulton
Gilmer
GlascoCk
Glynn
Gordon
Grady
Greene
Gwinnett
Habersham
Hall
Hancock
Haralson
Harris
Hart
Heard
Henry
Houston
Irwin
Jackson
Jasper
Jeff Davis
Jefferson
Jenkins
Johnson
Jones
Lamar
Lanier
Laurens
Lee
Liberty
Lincoln
Long
Lowndes
Lumpkin
McDuffie
McIntosh
Macon
Madison
Marion
Meriwether
| 1980
I 2,297
i|j 18,327
I 18,758
, 20,795
I 8,428
| 14,748
| 29,043
| ; 79,800
I 27,958
I 15,185
I 589,904
I 11,110
I 2,382
I 54,981
| 30,070
! 19,845
I 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
| 18,403
I 8,841
8,660
I 16,579
I 12,215
I 5,654
1 36,990
I 11,684
I l 37,583
I
| 6,949
| 4,524
| 67,972
jU 10,762
18,546
8,046
| 14,003
j 17,747
5,297
I 21,229
| 1970
I 1.924
| 13,632
17,262
I 18,357
| 7,290
1 13,357
| 11,364
| 73,742
I 16,928
| 12,784
11605,210
! 8,956
I 2,280
| i 50,528
23,570
I j 17,826
19 10,212
I 72,349
I 20,691
I 59,405
I 9,019
I 15,927
I 11,520
I 15,814
I 5,354
I 23,724
I 62,924
1 8,036
I 21,093
I 5,760
I 9,425
I 17,174
I 8,332
I 7,727
I 12,270
I 10,688
9 5,031
I 32,738
l-i 7,044
I 17,569
I 5,895
I 3,746
I i 55,112
I 8,728
j j 15,276
I 7,371
| 12,933
13,517
[ 5,099
I 19,461
1960
1,876
10,144
17,835
17,815
6,952
13,620
8,199
69,130
12.170
13,274
556,326
8,922
2,672
41,954
19.228
18,015
11,193
43,541
18,116
49,739
9,979
14,543
11,167
15.229
5,333
17,619
39,154
9,211
18,499
6,135
8,914
17,468
9,148
8,048
8,468
10,240
5,097
32,313
6,204
14,487
5,906
3,874
49,270
7,241
12,627
6,364
13.170
11,246
5,477
19,766
1950
2,494
9,133
18,585
19,789
6,653
15,192
7,978
62,899
11,005
14,446
473,572
9,963
3,579
29,046
18,922
18,928
12,843
32,320
16,553
40,113
11,052
14,663
11,265
14,495
6,975
15,857
20,964
11,973
18,997
7,473
9,299
18,855
10,264
9,893
7,538
10,242
5,151
33,123
6,674
8,444
6,462
3,598
35,211
6,574
11,443
6,008
14,213
12,238
6,521
21,055
19i0
2,964
9,646
19,618
23,517
7,401
14,752
8,170
56,141
11,322
15,612
392,886
9,001
4,547
21,920
18,445
19,654
13,709
29,087
14,771
34,822
12,764
14,377
11,428
15,512
8,610
15,119
11,303
12,936
20,089
8,772
8,841
20,040
11,843
12,953
8,331
10,091
5,632
33,606
7,837
8,595
7,042
4,086
31,860
6,223
10,878
5,292
15,947
13,431
6,954
22,055
19 SO
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
County
Miller
Milton
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
Oglethorpe
Paulding
Peach
Pickens
Pierce
Pike
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
Screven
Seminole
Spalding
Stephens
Stewart
Sumter
Talbot
Taliaferro
Tattnall
Taylor
Telfair
Terrell
Thomas
Tift
Toombs
Towns
Treutlen
Troup
Turner
Twiggs
Union
Upson
Walker
Walton
Ware
INDEX
1955
| 1980
7,038
I
I 21,114
I 14,610
7,011
I 11,672
i 19,685
I 170,108
i 34,439
12,427
8,929
26,042
19,151
11,652
11,897
8,937
. 32,386
I 8,950
I 10,295
I 2,357
10,466
9,599
181,629
36,747
3,433
j 14,043
I 9,057
47,899
I 21,763
I 5,896
29,360
6,534
2,032
I 18,134
I 7,902
I
! 11,445
1 12,017
38,098
I 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
| 6,424
| 18,956
| 10,991
| 6,099
| 9,904
| 12,986
| 167,377
I 26,282
7,915
1 7,598
| 17,520
i- 15,990
I 9,620
I 9,281
i 7,316
I 29,656
I 8.066
I 8,394
I 2,180
I 8,327
I 8,734
I 162,437
I 18,152
I 3,097
i 12,591
I 7.059
I 39,514
I 20,331
I. 6.511
I 26,931
I 6,625
I 2,423
I 16.557
I 7.865
I 11.394
I ' 11,416
I 34,562
i 27,288
i 19,151
I 4,565
| 5,647
;|1 44,466
H 8,790
| 8,222
6,811
23,505
50,691
| 23,404
| 33,525
| 1960
| 6,908
I
| 19,652
| 10,495
[ 6,284
1
| 10,280
j 10,447
| 158,623
| 20,999
6,304
| 7,926
| 13,101
| 13,846
8,903
9,678
j 7,138
| 28,016
ip, 8,204
N 7,798
| 2,432
7,456
| 11,078
| 135,601
| 10,572
1 3,266
| 14,919
I 6,802
| 35,404
I 18,391
| 7,371
| 24,652
\Y 7,127
3,370
| 15,837
H 8,311
| 11,715
12,742
| 34,319
| 23,487
| 16,837
| 4,538
H 5,874
M 47,189
| 8,439
I 7,935
| 6,510
23,800
| 45.264
! 20,481
I 34,219
I 1950
| 9,023
I
| 22,528
| 10,523
| 7,901
i
| 11,899
| 10,676
T 118,028
I 20,185
j 7,009
9,958
11,752
| 11,705
8,855
11,112
| 8,459
J 30,976
| 8,808
| 7,731
I . 3,015
I 7,424
13,804
| 108,876
8,464
| 4,036
| 18,000
| 7,904
| 31,045
| 16,647
I 9,194
r
j . 24,208
I 7,687
I 4,515
I 15,939
f 9,113
I
| 13,221
I 14,314
j 33,932
| 22,645
17,382
I 4,803
I 6,522
I 49,841
| 10,479
| 8,308
H 7,318
i 25,078
| 38,198
20,230
30,289
I 19U0
| 9,998
H 23,261
| 10,749
| 9,668
| 12,713
| 1-.137
99 75,494
| 18,676
| 7,576
| , 12,430
12,832
| 10,378
| 9,136
| 11,800
I.
I 10,376
I 28,467
9,829
8,514
3,435
| 20,353
| 8,492
I 28,427
| 12,972
| 10,603
| 24,502
j 8,141
| 6,278
16,243
| 10,768
j 15,145
| 16,675
| 31,289
I 18,599
| 16,952
I 4,925
II 7,632
| 43,879
| 10,846
I 9,117
| 7,680
| 25,064
31.024
| 20,777
| 27,929
I960
9,076
6,730
23,620
11,606
10,020
12,488
9,215
57.558
17.290
8,082
12,927
12,327
10,268
9,687
12,522
10,853
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
6,347
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
15,411
10,617
14,997
18.290
32,612
16,068
17,165
4,346
7,488
36,762
11,196
8,372
6,340
19,509
26,206
21,118
26.558
7,821
16,609
81,863
7,724
5,033
1956
INDEX
County
Warren
Washington
Wayne
Webster
Wheeler
White
Whitfield
Wilcox
Wilkes
Wilkinson
Worth
Total
1980
6,583
18,842
20,750
2,341
5,155
10,120
65,780
7,682
10,951
10,368
18,064
1970 U
6,669
17,480 I;
17,858 I'
2,362 I
4,596 i
I I
7,742 |
55,108 |
6,998 I
10,184 j
9,393 I
14,770 I
1960
7,360
18,903
17,921
3,247
5,342
6,935 |
42,109 |
7,905 |
10,961 |
9,250 |
16,682 i
1950 |
8,779
21,012 |
14,248 |
4,081 |
6,712 |
I
5,951 |
34,432
10,167 |
12,388 |
9,781 |
19,357 |
1950 |
10,236 I
24,230
13,122 |
4,726 |
8,536 |
6,417 r
26,105 I
12,755 |
15,084 i
11,025 |
21,374 |
19 SO
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
Taliaferro. .
Echols.....
Webster
Quitman . .
Glascock . . .
Schley .
Clay.......
Raker......
Long.......
Dawson....
Wheeler . . .
Marion ....
Towns......
Lanier.....
Calhoun
Stewart....
Treutlen
Atkinson
Heard......
Talbot.....
Warren.....
Clinch.....
Lincoln....
Montgomery
Miller.....
Charlton
Candler....
Jasper ....
Wilcox.,. . .
Crawford . . .
Taylor.....
McIntosh .. .
Evans .....
Johnson
Brantley
Banks......
Jenkins....
Oglethorpe . .
Pike.......
Pulaski....
Irwin......
Seminole. . . .
Population
.... 2,032
.... 2,297
.... 2,341
...... 2,357
.... 2,382
.... 3,433
.... 3,553
.... 3,808
.. .. 4,524
.. .. 4,774
.... 5,155
.... 5,297
.... 5,638
.... 5,654
.. . . 5,717
.... 5,896
.... 6,087
. ... 6,141
.... 6,520
... 6,534
......6,583
.. .. 6,660
... 6,949
. ... 7,011
... . 7,038
... 7,343
... 7,518
... 7,553
... 7,682
... 7,684
... 7,902
... 8,046
... 8,428
. . . 8,660
... 8,701
.. 8,702
. . . 8,841
.. . 8,929
... 8,937
.. . 8,950
.. 8,988
. .. 9,057
County
Twiggs
Bacon ...
Union . . .
Hancock .
Turner . .
Randolph
White ...
Bryan . .
Putnam. ,
Wilkinson
Rabun ...
Lumpkin
Bleckley .
Dooly ...
Wilkes...
Gilmer. . .
Greene . .
Telfair.
Jeff Davis
Morgan . .
Pickens . .
Lee .....
Pierce . . .
Terrell
Lamar . . .
Dade ....
Oconee . .
Early ...
Camden .
Cook
Berrien .
Butts....
Macon. . .
Screven..
Monroe . .
Fannin .
Franklin .
Brooks .
Harris . . .
Appling
Ben Hill
Jones.....
Population
.... 9,354
.... 9,379
.... 9,390
.. . 9,466
.... 9,510
9,599
., 10,120
. . .. 10,175
. 10,295
10,368
. .. 10,466
.. .. 10,762
.. 10,767
.. , 10,826
.. . . 10,951
.. 11,110
... 11,391
. .. 11,445
... 11,473
. . . 11,572
11,652
... 11,684
.. . 1-1,897
... 12,017
. 12,215
.. . 12,318
. . . 12,427
.. . 13,158
. . . 13,371
. . 13,490
. . . 13,525
... 13,665
.. 14,003
. . 14,043
. .. 14,610
14,748
.. 15,185
. . 15,255
. . . 15,464
. . 15,565
... 16,000
... 16,579
INDEX
1957
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
... 20,796
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 ..
TVoup
Cherokee .
Douglas...
Glynn
Carroll....
Walker ..
Whitfield .
Lowndes ..
Clarke
Hall......
Houston ..
Floyd.....
Dougherty
Clayton...
Bibb......
Gwinnett .
Muscogee .
Richmond.
Chatham..
Cobb......
Dekalb .
Fulton....
Total...
Population
.... 34,439
.... 34,686
. 35,376
.... 35,785
.... 36,309
.... 36,747
.... 36,990
.. 36,991
.... 37,180
.... 37,583
... 38,098
... 39,268
.... 40,118
... 40,760
.... 47,899
.. 50,003
.... 51,699
. 54,573
. .. 54,981
... 56,346
.... 56,470
.... 65,780
.... 67,972
... 74,498
... 75,649
.... 77,605
.... 79,800
.... 100,978
... 150,357
. 151,085
. . .166,903
170,108
... 181,629
... 202,226
297,694
. .483,024
... .589,904
5,464,265
1958
MEMBERS OF THE GENERAL ASSEMBLY
COUNTY
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahee
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
GEORGIA STATE SENATE
Senatorial
District
6, 20
7
6
11
25
47
48
31, 52
13
7
18, 26, 27
19
6
8
3, 4
4
21
17
11
6
4
29, 30
53, 54
6
I 2, 3
11, 15
53
37, 51
46
11
17, 44
7
32, 33, 37, 56
19
10, 13
23, 24
8
28
27
13
53
50
10
5, 41/43, 55
19
13
12
30, 34
11
8
4
47
21
4
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
51
34
52
49, 56
47
34/36, 38/40
56
51
21
3, 6
51
10
24
9, 48
50
49
25
31
29
47
29
17
18
13
46, 47
25
19
21
21
20
25
27
7
20
14
3
"24
4
8
50
14
47
16
24
3
29
11
11
27
20
25
54
15, 16
45
Senatorial
COUNTY________________________District
MEMBERS OF THE GENERAL ASSEMBLY
1959
COUNTY
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
COUNTY
Senatorial
District
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
1960
MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1981-1982
District Name
Address
22 Thomas F. Allgood.....
18Ed Barker ............
33 Roy E. Barnes.........
39 Julian Bond...........
13 Rooney L. Bowen.......
51 Max Brannon...........
56Haskew H. Brantley, Jr..
46 Paul C. Broun.........
47 M. Parks Brown........
3 Glenn E. Bryant.......
5 Joe Burton............
28 Kyle Cobb.............
35Frank E. Coggin........
1J. Tom Coleman.........
40 Paul D. Coverdell......
45Harrill L. Dawkins.....
49 J. Nathan Deal.........
31Nathan Dean............
21Bill English...........
34 Bev Engram.............
54W. W. (Bill) Fincher, Jr. .
50 John C. Foster........
30Wayne Garner...........
20Hugh M. Gillis.........
26 Richard L. Greene......
27 W. F. (Billy) Harris..
37Carl Harrison ..........
29 J. Render Hill.........
52 Edward Hine, Jr........
12A1 Holloway............
17Janice S. Horton ......
42Pierre Howard...........
15 Floyd Hudgins ........
53 Waymond C. Huggins
4 Joseph E. Kennedy......
25Culver Kidd.............
16 Ted J. Land ..........
23 Jimmy Lester..........
6 Bill Littlefield.......
24 Sam P. McGill.........
14 Lewis H. (Bud) McKenzie
48 Donn M. Peevy.........
................P.O. Box 1523, Augusta 30903
.......... P.O. Box KK, Warner Robins 31099
.... Suite 225, 166 Anderson St., Marietta 30060
.......... 361 West View Dr. SW, Atlanta 30310
........................Box 417, Vienna 31092
................P.O. Box 1027, Calhoun 30701
................P.O. Box 605, Alpharetta 30201
................ 165 Pulaski St., Athens 30610
....................P.O. Box 37, Hartwell 30643
................ P.O. Box 585, Hinesville 31313
..... 2598 Woodwardia Rd, NE, Atlanta 30345
................ P.O. Box 1010, Griffin 30224
.............201 Victoria Lane, Hapeville 30354
...............P.O. Box 22398, Savannah 31403
..........2015 Peachtree St. NE, Atlanta 30309
..........2319 Rolling Acres Ct., Conyers 30207
...............P.O. Box 2522, Gainesville 30503
............. 340 Wingfoot St., Rockmart 30153
................214 Golf Dr., Swainsboro 30401
749 Pinehurst Dr., P.O. Box 367, Fairburn 30213
..........P.O. Drawer 400, Chatsworth 30705
................P.O. Box 100, Cornelia 30531
.............25 Azalea Trail, Carrollton 30117
................P.O. Box 148, Soperton 30457
.. Suite 517, Trust Co. Bank Bldg., Macon 31201
. 1261 Willingham Springs Rd., Thomaston 30286
................ P.O. Box 1374, Marietta 30061
................P.O. Box 246, Greenville 30222
....................P.O. Box 5511, Rome 30161
....................P.O. Box 588, Albany 31702
.......... 430 Burke Circle, McDonough 30253
.. 1000 First National Bank Bldg., Decatur 30030
............. P.O. Box 12127, Columbus 31907
................P.O. Box 284, LaFayette 30728
................ P.O. Box 246, Claxton 30417
.............P.O. Box 370, MilledgeviUe 31061
..... 1069 Standing Boy Court, Columbus 31904
.....First Federal Savings Bldg., Augusta 30901
.................................... Resigned
.............P.O. Box 520, Washington 30673
.............P.O. Box 565, Montezuma 31063
..........508 Spring Lake Rd., P.O. Box 862,
Lawrenceville 30246
MEMBERS OF THE GENERAL ASSEMBLY
1961
7 Ed Perry...............
9R. T. (Tom) Phillips....
2Albert (Al) Scott ......
36David Scott.............
43 Thomas R. Scott .......
44 Terrell Starr..........
55Lawrence (Bud) Stumbaugh
38Horace Tate.............
32Joe Thompson............
11Jimmy Hodge Timmons
10Paul Trulock............
8 Loyce W. Turner........
41James W. (Jim) Tysinger . ..
19Ronnie Walker...........
....................Route 2, Nashville
........ 1703 Pounds Rd., Stone Mountain
738 E. Victory Dr., P.O. Box 1704, Savannah
............ 190 Wendell Dr. SE, Atlanta
............ 2887 Alameda Trail, Decatur
........4766 Tanglewood Lane, Forest Park
.........................1071 Yemassee
Stone Mountain
.................621 Lilia Dr. SW, Atlanta
................. P.O. Box 1045, Smyrna
................. 132 Woodlawn, Blakely
....................P.O. Box 68, Climax
............608 Howellbrook Dr., Valdosta
........ 3781 Watkins Place NE, Atlanta
....................P.O. Box 461, McRae
31639
30087
31402
30315
30034
30050
Trail,
30083
30310
30081
31723
31734
31601
30319
31055
1962
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1981-82
District Name
Address
1 J. Tom Coleman, Jr. . ....
2 Albert (Al) Scott ..
3 Glenn E. Bryant.........
4 Joseph E. Kennedy.......
5 Joe Burton..........
6 Bill Littlefield........
7 Ed Perry. ..............
8 Loyce W. Turner.........
9 R. T. (Tom) Phillips....
10 Paul Trulock............
11 Jimmy Hodge Timmons ..
12 Al Holloway.............
13 Rooney L. Bowen.........
14 Lewis H. (Bud) McKenzie
15 Floyd Hudgins ..........
16 Ted J. Land ............
17 Janice S. Horton ......
18 Ed Barker...............
19 Ronnie Walker...........
20 Hugh M. Gillis..........
21 Bill English............
22 Thomas F. Allgood.......
23 Jimmy Lester............
24 Sam P. McGill...........
25 Culver Kidd.............
26 Richard L. Greene.......
27 W. F. (Billy) Harris....
28 Kyle Cobb........x......
29 J. Render Hill..........
30 Wayne Garner............
31 Nathan Dean.............
32 Joe Thompson............
33 Roy E. Barnes...........
34 Bev Engram..............
35 Frank E. Coggin.........
36 David Scott.............
37 Carl Harrison ..........
38 Horace E. Tate..........
39 Julian Bond.............
40 Paul D. Coverdell.......
41 James W. (Jim) Tysinger .
42 Pierre Howard...........
.............P.O. Box 22398, Savannah 31403
............. 738 E. Victory Dr., P.O. Box 1704
............. P.O. Box 585, Hinesville 31313
................. P.O. Box 246, Claxton 30417
..... 2598 Woodwardia Rd. NE, Atlanta 30345
................................... Resigned
......................Route 2, Nashville 31639
.........608 Howellbrook Dr., Valdosta 31601
..... 1703 Pounds Rd., Stone Mountain 30087
.................P.O. Box 68, Climax 31734
................. 132 Woodlawn, Blakely 31723
.................P.O. Box 588, Albany 31702
......................Box 417, Vienna 31092
.............P.O. Box 565, Montezuma 31063
............. P.O. Box 12127, Columbus 31907
..... 1069 Standing Boy Court, Columbus 31904
......... 430 Burke Circle, McDonough 30253
......... P.O. Box KK, Warner Robins 31099
.................P.O. Box 461, McRae 31055
.................P.O. Box 148, Soperton 30457
.............214 Golf Dr., Swainsboro 30401
.................P.O. Box 1523, Augusta 30903
.....First Federal Savings Bldg., Augusta 30901
.............P.O. Box 520, Washington 30673
............. P.O. Box 370, Milledgevile 31061
............... .Suite 517, Trust Co. Bank Bldg.,
. Macon 31201
. 1261 Willingham Springs Rd., Thomaston 30286
................. P.O. Box 1010, Griffin 30224
.............P.O. Box 246, Greenville 30222
.............25 Azalea Trail, Carrollton 30117
............. 340 Wingfoot St., Rockmart 30153
................. P.O. Box 1045, Smyrna 30081
.... Suite 225, 166 Anderson St., Marietta 30060
749 Pinehurst Dr., P.O. Box 367, Fairburn 30213
.............201 Victoria Lane, Hapeville 30354
......... 190 Wendell Dr. SE, Atlanta 30315
............. P.O. Box 1374, Marietta 30061
.............621 Lilia Dr. SW, Atlanta 30310
......... 361 West View Dr. SW, Atlanta 30310
.........2015 Peachtree St. NE, Atlanta 30309
......... 3781 Watkins Place NE, Atlanta 30319
............. 1000 First National Bank Bldg.
MEMBERS OF THE GENERAL ASSEMBLY
1963
43 Thomas R. Scott ........
44 Terrell Starr ..........
45 Harrill L. Dawkins......
46 Paul C. Broun............
47 M. Parks Brown...........
48 Donn M. Peevy..........
49 J. Nathan Deal...........
50 John C. Foster..........
51 Max Brannon..............
52 Edward Hine, Jr..........
53 Waymond C. Huggins.......
54 W. W. (Bill) Fincher, Jr.
55 Lawrence (Bud) Stumbaugh
56 Haskew H. Brantley, Jr...
Decatur 30030
..... 2887 Alameda Trail, Decatur 30034
4766 Tanglewood Lane, Forest Park 30050
.... 2319 Rolling Acres Ct., Conyers 30207
........... 165 Pulaski St., Athens 30610
...........P.O. Box 37, Hartwell 30643
..... 508 Spring Lake Rd., P.O. Box 862
Lawrenceville 30246
........P.O. Box 2522, Gainesville 30503
...........P.O. Box 100, Cornelia 30531
...........P.O. Box 1027, Calhoun 30701
...........P.O. Box 5511, Rome 30161
........P.O. Box 284, LaFayette 30728
.....P.O. Drawer 400, Chatsworth 30705
.............. .... 1071 Yemassee Trail
Stone Mountain 30083
........P.O. Box 605, Alpharetta 30201
1964
MEMBERS OF THE GENERAL ASSEMBLY
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Daugherty
Douglas
Early
Echols
Effingham
Elbert
GEORGIA HOUSE OF REPRESENTATIVES
House
District
153
139, 150
152
140
105, 107
11, 12
64
15, 19
137
146
99/103
117
152, 153
147
126, 129
110, 111
108, 110
78
131
151, 152
109
69, 70, 71
9
150[ 151
. 122/128
112, 130
5
8, 10
13, 67, 68
131
72
150
20, 21
139
144, 145
83, 84
146
71, 75, 77, 91
80, 98
135
1, 5
9
141, 142
43, 58
118
135
132/134, 140
41, 42, 70
140
147
129
14
County ____
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
House
District
109
121
4
43
15, 16
10
13
22/40
4
QO
155, 156
7
142
106
9, 59/64
11
9
106
18
93
13
77
73, 78
113/115
137
12
80
153
82, 108
110
107, 19
80, 104
78
149
118, 119
131, 136
- 129, 154
82
121
147, 148, 149
4
98, 115
13, 14
112
84
156
91
140
144
80
120
66
MEMBERS OF THE GENERAL ASSEMBLY
1965
COUNTY
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
Tatnall
House
District
3
92/97
66, 74
66
14
18, 41
98
8
152
75, 79
17, 18
117
106
130
4
130
85/90
57
112
110, 111
141
75, 76
11
130
116
91
82
121
COUNTY
House
District
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
112
118, 137
131
142, 143, 144
138, 146
120, 153
4
120
77, 81
117, 136
104
4
79
U 5
65
150, 151
82
107
153
130
120
11
3, 6
117
82
104
136
1966
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1981-82
District Representative
Address
56...........Betty Aaron.............
36...........G. D. Adams.............
16...........John Adams..............
79...........Marvin Adams ...........
21-Post 1....Fred Aiken..............
57-Post 3....Dean Alford.............
127..........Roy L. Allen............
8-Post 1.....Wendell T. Anderson, Sr.
68...........Bob Argo................
57-Post 1....Troy A. Athon ..........
21-Post 3....Bill Atkins.............
156..........Dean G. Auten...........
72-Post 5....Frank I. Bailey, Jr.....
140..........Ralph J. Balkcom........
108..........Emory E. Bargeron.......
90...........Travis Stanley Barnes
10...........Bill H. Barnett.........
59...........0. M. (Mike) Barnett
148..........James M. Beck...........
72-Post 2....Jimmy W. Benefield......
. 3920 Johns Hopkins Ct.
Decatur 30034
.3417 Northside Dr.
Hapeville 30354
.7 E. Creekview Dr.
Rome 30161
.709 Greenwood Rd.
Thomaston 30286
.4020 Pineview Dr. SE
Smyrna 30080
.20 Willowick Dr.
Decatur 30033
. 1406 Law Dr.
Savannah 31401
RFD 4
Canton 30114
.P.O. Box 509
Athens 30603
. 1161 Valley Dr. NE
Conyers 30207
.4719 Windsor Dr.
Smyrna 30080
.628 King Cotton Row
Brunswick 31520
P.O. Box 777
Riverdale 30274
Route 1
Blakely 31723
P.O. Box 447
202 E. Fifth St.
Louisville 30434
407 Aumond Rd.
Augusta 30904
P.O. Box 755
Cumming 30130
1472 Ridgewood Dr.
Lilburn 30247
2427 Westwood Dr.
Valdosta 31601
6656 Morning Dove Place
Jonesboro 30236
MEMBERS OF THE GENERAL ASSEMBLY
1967
38..........Lorenzo Benn................
104...........Kenneth W. (Ken) Birdsong
94 ........Sanford D. Bishop, Jr....
30..........Paul Bolster................
138...........Henry Bostick...............
137...........Paul S. Branch, Jr..........
91..........Claude A. Bray, Jr..........
34..........Tyrone Brooks...............
88 ........George M. Brown.............
154...........Joe E. Brown ...............
95 ........Thomas B. Buck III..........
20-Post 2...A. L. (Al) Burruss..........
153-Post 2....Roger C. Byrd...............
146...........Hanson Carter ..............
133...........Tommy Chambless.............
129...........George A. Chance, Jr.....
89 ........Donald E. (Don) Cheeks
15-Post 1...E. M. (Buddy) Childers......
53..........Mrs. Mobley (Peggy) Childs
55..........Betty J. Clark..............
13-Post 1...Louie Max Clark.............
23..........Luther S. Colbert...........
118...........Terry L. Coleman............
144...........Marcus E. Collins, Sr.......
4-Post 1......Carlton H. Colwell.......
579 Fielding Lane
Atlanta 30311
Route 1
Gordon 31031
P.O. Box 709
Columbus 31902
1043 Ormewood Ave. SE
Atlanta 30316
P.O. Box 94
Tifton 31794
Route 4, Box 499-A
Fitzgerald 31750
P.O. Box 549
Manchester 31816
Station A, P.O. Box 11185
Atlanta 30310
P.O. Box 1114
Augusta 30903
114 N. Commerce St.
Hinesville 31313
P.O. Box 196
Columbus 31902
P.O. Box 6338
Marietta 30065
302 N. Rogers St.
Hazlehurst 31539
808 River Rd.
Nashville 31639
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
Carlton H. Colwell
141
5
150
17
20-
33
45
29
151
74
11-
73
112
84
22
6-
97
122
110
63
130
MEMBERS OF THE GENERAL ASSEMBLY
.Jack Connell.....................P.O. Box 308
Augusta 30903
. Jesse Copelan, Jr...............P.O. Box 109
Eatonton 31024
. Barbara H. Couch................2864 W. Roxboro Rd. NE
Atlanta 30324
. Walter E. Cox...................202 West St.
Bainbridge 31717
.John G. Crawford.................Route 1, Box 518
Lyerly 30730
Tom Crosby, Jr....................705 Wacona Dr.
Waycross 31501
. Bill Cummings...................Route 1
508 Morgan Valley Rd.
Rockmart 30153
. George W. (Buddy) Darden........P.O. Box 997
Marietta 30061
. J. C. Daugherty ................202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
.J. Max Davis.....................1177 W. Nancy Creek Dr. NE
Atlanta 30319
. Douglas C. Dean.................356 Arthur St. SW
Atlanta 30310
. Harry D. Dixon..................1303 Coral Rd.
Waycross 31501
. Denny M. Dobbs..................125 Hardwick Dr.
Covington 30209
. William J. Dover................... Timbrook, Route 2
Clarkesville 30523
. Wesley Dunn.....................P.O. Box 1014
McDonough 30253
Ward Edwards......................P.O. Box 146
Butler 31006
Warren D. Evans...................P.O. Box 539
Thomson 30824
Dorothy Felton....................465 Tanacrest Dr. NW
Atlanta 30328
Philip A. (Phil) Foster...........411 College Dr. Apt. E 16
Dalton 30720
Mary Jane Galer ..................7236 Lullwater Rd.
Columbus 31904
Ron Ginsberg......................P.O. Box 10105
Savannah 31412
John F. God bee...................401 Lane St.
Brooklet 30415
Bill Goodwin......................6427 Apple Tree Way
Norcross 30092
Gerald E. Greene..................Route 3, Box 119
Cuthbert 31740
MEMBERS OF THE GENERAL ASSEMBLY
1969
39............John W. Greer.........
99............Denmark Groover, Jr. ...
124...........DeWayne Hamilton......
31............Mrs. Grace T. Hamilton.
131...........Bob Hanner............
8- Post 2.W. G. (Bill) Hasty, Sr. ..
1-Post 2....Forest Hays, Jr........
43............Paul W. Heard, Jr......
96............Milton Hirsch.........
72-Post 3.....C. E. (Ed) Holcomb....
28............Bob Holmes............
116 .........George Hooks..........
103...........Frank Horne, Jr.......
117 .........Newt Hudson...........
11............Jack Irvin, Sr........
21-Post 2.....Johnny Isakson........
9- Post 3.Jerry D. Jackson ......
65............Neal Jackson..........
83............William S. (Bill) Jackson
123...........Diane Harvey Johnson ..
21-Post 4.....Frank B. Johnson.......
70............Gerald Johnson........
72-Post 4.....Rudolph Johnson.......
76............Suzi Johnson..........
78............Bill Jones.............
.925 Healey Bldg.
Atlanta 30303
P.O. Box 755
Macon 31202
P.O. Box 14562
Savannah 31406
. 582 University Place NW
Atlanta 30314
.Route 1
Parrott 31777
Route 8, Hilton Dr.
Canton 30114
Route 2
Flintstone 30725
. 102 Camp Creek Court
Peachtree City 30269
. 2718 Cora Dr.
Columbus 31906
P.O. Box 122
Jonesboro 30237
. 2929 Landrum Dr. SW #D-25
Atlanta 30311
P.O. Box 928
Americus 31709
.850 Walnut St.
Macon 31201
Route 1, Box 298
Rochelle 31079
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
1201 E. Duffy St.
P.O. Box 5544
Savannah 31404
436 Concord Rd.
Smyrna 30080
P.O. Box 815
Carrollton 30117
5604 Reynolds Rd.
Morrow 30260
P.O. Box 124
Orchard Hill 30266
P.O. Box 3933
Jackson 30233
1970
MEMBERS OF THE GENERAL ASSEMBLY
109..........Randolph C. (Randy) Karrh ..
42...........Thomas M. Kilgore..........
66 .........E. Roy Lambert.............
Ill ........Bob Lane...................
27...........Dick Lane .................
20-Post 5. . . . . Terry Lawler . ......
49...........Tom Lawrence ..............
9-Post 2...Bobby Lawson ..............
72-Post 1....Bill Lee.. ..............
44...........John Linder................
67 ...:.....Hugh Logan.................
142..........Bobby Long.................
107..........Jimmy Lord.................
102..........David E. Lucas.............
25 .........John M. Lupton.............
7..........J. C. Maddox ..............
57-Post 2....William C. (Bill) Mangum, Jr.
26 .........Sidney J. Marcus...........
60...........Charles C. Martin .........
145..........Hugh D. Matthews ..........
12...........Lauren (Bubba) McDonald, Jr.
15-Post 2....Forrest L. McKelvey........
35...........J. E. (Billy) McKinney.....
155..........N. Shaw McVeigh..........
13-Post 2....Billy Milford..............
.P.O. Drawer K
Swainsboro 30401
. 1992 Tara Circle
Douglasville 30135
P.O. Box 169
Madison 30650
. 105 Wilton Dr.
Statesboro 30458
. 2704 Humphries St.
East Point 30344
.4887 Mosley Rd.
Clarkdale 30020
. 2283 Stratmor Dr.
Stone Mountain 30087
. 1237 Dixon Circle
Gainesville 30501
.5325 Hillside Dr.
Forest Park 30050
. 5039 Winding Branch Dr.
Dunwoody 30338
. 1328 Prince Ave.
Athens 30601
. 1466 6th St., NW
Cairo 31728
P.O. Box 254
Sandersville 31082
.448 Woolf oik St.
Macon 31201
. 2220 Peachtree NW
Atlanta 30309
Route 1
Calhoun 30701
.4320 Pleasant Forest Dr.
Decatur 30034
. 845 Canterbury Rd. NE
Atlanta 30324
.470 Hill St.
Buford 30518
Route 1, Box 913
Moultrie 31768
Route 5
Dogwood Trail
Commerce 30529
104 Hooper St., RFD 1
Lindale 30147
765 Shorter Terrace NW
Atlanta 30318
P.O. Box 1542
Brunswick 31521
Route 3
Hartwell 30643
MEMBERS OF THE GENERAL ASSEMBLY
1971
61 Rex A. Millsaps ............... ... 737 Nottingham Dr.
Lawrenceville 30245
153-Post 1.....Lundsford Moody....................P.O. Box 32
Baxley 31513
139............James C. Moore.....................Route 2
West Green 31567
47...........Chesley V. Morton..................3069-B Colonial Way
Chamblee 30341
75...........John L. Mostiler...................150 Meadovista Dr.
Griffin 30223
126............Anne Mueller ................. . .13013 Hermitage Rd.
Savannah 31406
81 Ed Mullinax .......................P.O. Drawer 1649
LaGrange 30241
18 ...:.. .. Thomas B. Murphy.................P.O. Drawer 1076
Bremen 30110
121............Clinton Oliver.....................:P.O. Box 237
Glennville 30427
86...........Mike Padgett ......................Route 1, Box 5
Augusta 30906
105............Bobby Eugene Parham................ P.O. Box 606
Milledgeville 31061
149 .. . . Robert L. Patten ................... Route 1, Box 180
Lakeland 31635
2 ........Robert G. (Bob) Peters.............P.O. Box 550
Ringgold 30736
19 ........Boyd Pettit........................P.O. Box 1256
Cartersville 30120
125............Bobby Phillips ....................9219 Melody Dr.
Savannah 31406
120............L. L. (Pete) Phillips..............P.O. Box 166
Soperton 30457
93...........W. Randolph Phillips...............Route 1
Shiloh 31826
100 ..........Frank C. Pinkston..................850 Walnut St.
Macon 31201
119............Dubose Porter......................125 N. Franklin St.
Dublin 31021
135............Howard H. Rainey...................913 Third Ave., E
Cordele 31015
3 ........Tom Ramsey.........................P.O. Box 1130
Chatsworth 30705
101 ..........William C. (Billy) Randall.........2770 Hillcrest Ave.
Macon 31204
98...........Robert Ray.........................Route 1, Box 189
Fort Valley 31030
147............Henry L. Reaves....................Route 2, Box 80
Quitman 31643
50...........Frank L. Redding, Jr...............P.O. Box 117
Decatur 30030
1972
MEMBERS OF THE GENERAL ASSEMBLY
52...........Eleanor L. Richardson......
58...........Cas Robinson ..............
82...........Ben Barron Ross ...........
64 ..........John D. Russell ...........
32...........Mrs. Helen Seim an.........
71...........J. Neal Shepard, Jr........
143...........Allen Sherrod..............
37...........Georganna Sinkfield ...
136...........Earleen Sizemore...........
152...........Tommy Smith................
92...........Calvin Smyre...............
46...........Cathey W. Steinberg.....
69...........Charles Thomas.............
20-Post 4....Steve Thompson.............
24...........Kiliaen V. R. (Kil) Townsend
128...........Tom Triplett............
4-Post 2....Ralph Twiggs............
113 .........Ted W. Waddle..............
80...........Kenneth Waldrep.........
85...........Charles W. Walker.......
115...........Larry Walker...............
77...........J. Crawford Ware........
114 .........Roy H. (Sonny) Watson, Jr. .
41...........Charlie Watts..............
132...........John White..............
755 Park Lane
Decatur 30033
4720 Fellswood Dr.
Stone Mountain 30083
P.O. Box 245
Lincolnton 30817
P.O. Box 588
Winder 30680
Jones Ferry Rd., Box 315
Palmetto 30268
21 Fifth St.
Newnan 30263
Route 1
Coolidge 31738
179 Tonawanda Dr., S.E.
Atlanta 30315
Route 3
Sylvester 31791
Route 1
Alma 31510
P.O. Box 181
Columbus 31902
1732 Dunwoody Place NE
Atlanta 30324
P.O. Box 686
Temple 30179
4265 Bradley Dr.
Austell 30001
3390 Peachtree Rd. NE
Atlanta 30326
P.O. Box 9586
Savannah 31402
P.O. Box 432
Hiawassee 30546
113 Tanglewood Dr.
Warner Robins 31093
87 N. Lee St.
Forsyth 31029
1402 Twelfth St.
Augusta 30901
P.O. Box 1234
Perry 31069
P.O. Box 305
Hogansville 30230
P.O. Box 1905
Warner Robins 31099
505 Hardee St.
Dallas 30132
P.O. Box 3506
Albany 31706
MEMBERS OF THE GENERAL ASSEMBLY
1973
62...........Thomas Hulet (Tom) White........404 James St.
Lilburn 30247
21-Post 5....Tom Wilder..........................2920 Rockbridge Rd.
Marietta 30066
48...........Betty Jo Williams...................2024 Castleway Dr. NE
Atlanta 30345
54...........Hosea L. Williams, Sr...............8 E. Lake Dr. NE
Atlanta 30317
6-Post 1 Roger Williams......................132 Huntington Rd.
Dalton 30720
20-Post 1....Joe Mack Wilson.....................217 Church St.
Marietta 30060
9-Post 1...Joe T. Wood.........................P.O. Drawer 1417
Gainesville 30503
51...........Ken Workman ........................3383 Hyland Dr.
Decatur 30032
14...........Charles W. Yeargin..................P.O. Box 584
Elberton 30635
134..........Mary Young .........................423 Holloway Ave.
Albany 31705
1974
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1982-83
BY DISTRICTS AND ADDRESSES
District Representative
Address
1-Post 2
2.......
3.......
4-Post 1
4-Post 2
5.......
6-Post 1
6-Post 2
7.......
8-Post 1
8- Post 2
9- Post 1
9-Post 2
9-Post 3
10.......
11-Post 1
11-Post 2
12.......
13-Post 1
13-Post 2
Forest Hays, Jr.....................Route 2
Flints tone 30725
, Robert G. (Bob) Peters............P.O. Box 550
Ringgold 30736
Tom Ramsey..........................P.O. Box 1130
Chatsworth 30705
Carlton H. Colwell..................P.O. Box 850
Blairsville 30512
Ralph Twiggs .......................P.O. Box 432
Hiawassee 30546
John G. Crawford....................Route 1, Box 518
Lyerly 30730
Roger Williams......................132 Huntington Rd.
Dalton 30720
Philip A. (Phil) Foster.............411 College Dr.
Apt. E 16
Dalton 30720
J. C. Maddox .......................Route 1
Calhoun 30701
Wendell T. Anderson, Sr.............RFD 4
Canton 30114
W. G. (Bill) Hasty, Sr..............Route 8, Hilton Dr.
Canton 30114
Joe T. Wood.........................P.O. Drawer 1417
Gainesville 30503
Bobby Lawson .......................1237 Dixon Circle
Gainesville 30501
Jerry D. Jackson ...................P.O. Box 7275
Chestnut Mountain 30502
Bill H. Barnett.....................P.O. Box 755
Cumming 30130
William J. Dover....................Timbrook, Route 2
Clarkesville 30523
Jack Irvin, Sr......................Route 1, Box 217
Baldwin 30511
Lauren (Bubba) McDonald, Jr.........Route 5
Dogwood Trail
Commerce 30529
Louie Max Clark.....................RFD 2
Danielsville 30633
Billy Milford.......................Route 3
Hartwell 30643
MEMBERS OF THE GENERAL ASSEMBLY
1975
14...........Charles W. Yeargin........
15-Post 1....E. M. (Buddy) Childers....
15-Post 2....Forrest L. McKelvey.......
16 .........John Adams................
17 .........Bill Cummings.............
18 .........Thomas B. Murphy..........
19 .........Boyd Pettit...............
20-Post 1....Joe Mack Wilson...........
20-Post 2....A. L. (Al) Burruss........
20-Post 3....George W. (Buddy) Darden. .
20-Post 4....Steve Thompson............
20- Post 5..Terry Lawler..............
21- Post 1..Fred Aiken................
21-Post 2....Johnny Isakson............
21-Post 3....Bill Atkins...............
21-Post 4....Frank B. Johnson..........
21-Post 5....Tom Wilder................
22 .........Dorothy Felton............
23 .........Luther S. Colbert.........
24 .........Kiliaen V. R. (Kil) Townsend
25 .........John M. Lupton............
26 .........Sidney J. Marcus..........
27 .........Dick Lane ................
28 .........Bob Holmes................
29 .........Douglas C. Dean...........
P.O. Box 584
Elberton 30635
. 15 Kirkwood St.
Rome 30161
. 104 Hooper St., RFD 1
Lindale 30147
. 7 E. Creekview Dr.
Rome 30161
Route 1
508 Morgan Valley Rd.
Rockmart 30153
P.O. Drawer 1076
Bremen 30110
P.O. Box 1256
Cartersville 30120
.217 Church St.
Marietta 30060
P.O. Box 6338
Marietta 30065
P.O. Box 997
Marietta 30061
4265 Bradley Dr.
Austell 30001
. 4887 Mosley Rd.
Clarkdale 30020
.4020 Pineview Dr. SE
Smyrna 30080
.5074 Hampton Farms Dr.
Marietta 30067
.4719 Windsor Dr.
Smyrna 30080
.436 Concord Rd.
Smyrna 30080
.2920 Rockbridge Rd.
Marietta 30066
.465 Tanacrest Dr. NW
Atlanta 30328
.495 Houze Way
Roswell 30076
.3390 Peachtree Rd. NE
Atlanta 30326
.2220 Peachtree NW
Atlanta 30309
.845 Canterbury Rd. NE
Atlanta 30324
.2704 Humphries St.
East Point 30344
. 2929 Landrum Dr. SW #D-25
Atlanta 30311
.356 Arthur St. SW
Atlanta 30310
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
MEMBERS OF THE GENERAL ASSEMBLY
Paul Bolster.......................1043 Ormewood Ave. SE
Atlanta 30316
Mrs. Grace T. Hamilton.............582 University Place NW
Atlanta 30314
Mrs. Helen Selman..................Jones Ferry Rd., Box 315
Palmetto 30268
J. C. Daugherty ...................202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
Tyrone Brooks .....................Station A, P.O. Box 11185
Atlanta 30310
J. E. (Billy) McKinney.............765 Shorter Terrace NW
Atlanta 30318
G. D. Adams........................3417 Northside Dr.
Hapeville 30354
Georganna T. Sinkfield.............179 Tonawanda Dr., S.E.
Atlanta 30315
Lorenzo Benn.......................579 Fielding Lane
Atlanta 30311
John W. Greer......................925 Healey Bldg
Atlanta 30303
Barbara H. Couch...................2864 W. Roxboro Rd. NE
Atlanta 30324
Charlie Watts......................505 Hardee St.
Dallas 30132
Thomas M. Kilgore..................1992 Tara Circle
Douglasville 30135
Paul W. Heard, Jr..................102 Camp Creek Court
Peachtree City 30269
John Linder........................5039 Winding Branch Dr.
Dunwoody 30338
J. Max Davis.......................1177 W. Nancy Creek Dr. NE
Atlanta 30319
Cathey W. Steinberg................1732 Dunwoody Place NE
Atlanta 30324
Chesley V. Morton..................3069-B Colonial Way
Chamblee 30341
Betty Jo Williams .................2024 Castleway Dr. NE
Atlanta 30345
Tom Lawrence.......................2283 Stratmor Dr.
Stone Mountain 30087
Frank L. Redding, Jr...............P.O. Box 117
Decatur 30030
Ken Workman .......................3383 Hyland Dr.
Decatur 30032
Eleanor L. Richardson .............755 Park Lane
Decatur 30033
Mrs. Mobley (Peggy) Childs.........520 Westchester Dr.
Decatur 30030
Hosea L. Williams, Sr..............8 E. Lake Dr. NE
Atlanta 30317
MEMBERS OF THE GENERAL ASSEMBLY
1977
55 ........Betty J. Clark...............
56 ........Betty Aaron..................
57-Post 1....Troy A. Athon ...............
57-Post 2....William C. (Bill) Mangum, Jr.
57-Post 3....Dean Alford..................
58 ........Cas Robinson ................
59 ........0. M. (Mike) Barnett.........
60 ........Charles C. Martin............
61 ........Rex A. Millsaps..............
62 ........Thomas Hulet (Tom) White ..
63 ........Bill Goodwin.................
64 ........John D. Russell .............
65 ........Neal Jackson.................
66 ........E. Roy Lambert...............
67 ........Hugh Logan...................
68 ........Bob Argo.....................
69 ........Charles Thomas...............
70 ........Gerald Johnson...............
71 ........J. Neal Shepard, Jr..........
72-Post 1....Bill Lee.....................
72-Post 2....Jimmy W. Benefield...........
72-Post 3....C. E. (Ed) Holcomb...........
72-Post 4....Rudolph Johnson..............
72-Post 5....Frank I. Bailey Jr...........
73...........Wesley Dunn..................
.P.O. Box 17852
Atlanta 30316
.3920 Johns Hopkins Ct.
Decatur 30034
.1161 Valley Dr. NE
Conyers 30207
.4320 Pleasant Forest Dr.
Decatur 30034
.20 Willowick Dr.
Decatur 30033
4720 Fellswood Dr.
Stone Mountain 30083
. 1472 Ridgewood Dr.
Lilburn 30247
.470 Hill St.
Buford 30518
.737 Nottingham Dr.
Lawrenceville 30245
.404 James St.
Lilburn 30247
.6427 Apple Tree Way
Norcross 30092
P.O. Box 588
Winder 30680
.316 N. Broad St.
Monroe 30655
P.O. Box 169
Madison 30650
. 1328 Prince Ave.
Athens 30601
P.O. Box 509
Athens 30603
P.O. Box 686
Temple 30179
P.O. Box 815
Carrollton 30117
. 21 Fifth St.
Newnan 30263
.5325 Hillside Dr.
Forest Park 30050
.6656 Morning Dove Place
Jonesboro 30236
P.O. Box 122
Jonesboro 30237
.5604 Reynolds Rd.
Morrow 30260
P.O. Box 777
Riverdale 30274
P.O. Box 1014
McDonough 30253
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75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
MEMBERS OF THE GENERAL ASSEMBLY
. Denny M. Dobbs ..................125 Hardwick Dr.
Covington 30209
John L. Mostiler...................150 Meadovista Dr.
Griffin 30223
Suzi Johnson......................P.O. Box 124
Orchard Hill 30266
J. Crawford Ware...................P.O. Box 305
Hogansville 30230
. Bill Jones.......................P.O. Box 3933
Jackson 30233
. Marvin Adams ....................709 Greenwood Rd.
Thomaston 30286
. Kenneth Waldrep..................87 N. Lee St.
Forsyth 31029
Ed Mullinax ......................P.O. Drawer 1649
LaGrange 30241
Ben Barron Ross....................P.O. Box 245
Lincolnton 30817
. William S. (Bill) Jackson........3907 Washington Rd.
Martinez 30907
Warren D. Evans....................P.O. Box 539
Thomson 30824
Charles W. Walker.................1402 Twelfth St.
Augusta 30901
. Mike Padgett ....................Route 1, Box 5
Augusta 30906
Jack Connell......................P.O. Box 308
Augusta 30903
George M. Brown...................P.O. Box 1114
Augusta 30903
Donald E. (Don) Cheeks ............714 Westminster Court
Augusta 30909
. Travis Stanley Barnes............407 Aumond Rd.
Augusta 30904
Claude A. Bray, Jr.................P.O. Box 549
Manchester 31816
Calvin Smyre.......................P.O. Box 181
Columbus 31902
. W. Randolph Phillips.............Route 1
Shiloh 31826
Sanford D. Bishop, Jr..............P.O. Box 709
Columbus 31902
Thomas B. Buck III ................P.O. Box 196
Columbus 31902
. Milton Hirsch....................2718 Cora Dr.
Columbus 31906
. Mary Jane Galer .................7236 Lullwater Rd.
Columbus 31904
Route 1, Box 189
Fort Valley 31030
Robert Ray
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
MEMBERS OF THE GENERAL ASSEMBLY
1979
Denmark Groover, Jr......
Frank C. Pinkston........
. William C. (Billy) Randall. .
. David E. Lucas.........
Frank Horne, Jr..........
Kenneth W. (Ken) Birdsong
Bobby Eugene Parham......
Jesse Copelan, Jr........
. Jimmy Lord.............
Emory E. Bargeron........
Randolph C. (Randy) Karrh
John F. Godbee...........
Bob Lane ................
Ward Edwards.............
Ted W. Waddle............
Roy H. (Sonny) Watson, Jr.
Larry Walker.............
George Hooks.............
Newt Hudson..............
Terry L. Coleman.........
DuBose Porter............
L.L. (Pete) Phillips.....
Clinton Oliver...........
Ron Ginsberg ............
.P.O. Box 755
Macon 31202
. 850 Walnut St.
Macon 31201
.2770 Hillcrest Ave.
Macon 31204
.448 Woolfolk St.
Macon 31201
.850 Walnut St.
Macon 31201
Route 1
Gordon 31031
P.O. Box 606
Milledgeville 31061
P.O. Box 109
Eatonton 31024
P.O. Box 254
Sandersville 31082
P.O. Box 447
202 E. Fifth St.
Louisville 30434
P.O. Drawer K
Swainsboro 30401
.401 Lane St.
Brooklet 30415
. 105 Wilton Dr.
Statesboro 30458
P.O. Box 146
Butler 31006
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
Route 1, Box 298
Rochelle 31079
P.O. Box 157
Eastman 31023
125 N. Franklin St.
Dublin 31021
P.O. Box 166
Soperton 30457
P.O. Box 237
Glennville 30427
P.O. Box 10105
Savannah 31412
1980 MEMBERS OF THE GENERAL ASSEMBLY
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
Diane Harvey Johnson
DeWayne Hamilton ...
Bobby Phillips ......
Anne Mueller ........
Roy L. Allen.........
Tom Triplett.........
George A. Chance, Jr.
Gerald E. Greene.....
Bob Hanner...........
John White..........
Tommy Chambless. . .
Mary Young .........
Howard H. Rainey . ..
Earleen Sizemore ....
. Paul S. Branch, Jr. ..
. Henry Bostick......
James C. Moore......
. Ralph J. Balkcom....
Walter E. Cox.......
. Bobby Long.........
Allen Sherrod.......
Marcus E. Collins, Sr.
Hugh D. Matthews . .
Hanson Carter ......
Henry L. Reaves.....
. 1201 E. Duffy St.
P.O. Box 5544
Savannah 31404
P.O. Box 14562
Savannsh 31406
.9219 Melody Dr.
Savannah 31406
. 13013 Hermitage Rd.
Savannah 31406
. 1406 Law Dr.
Savannah 31401
P.O. Box 9586
Savannah 31402
P.O. Box 373
Springfield 31329
Route 3, Box 119
Cuthbert 31740
Route 1
Parrott 31777
P.O. Box 3506
Albany 31706
P.O. Box 2008
Albany 31702
.423 Holloway Ave.
Albany 31705
.913 Third Ave., E
Cordele 31015
Route 3
Sylvester 31791
Route 4, Box 499-A
Fitzgerald 31740
P.O. Box 94
Tifton 31794
Route 2
West Green 31567
Route 1
Blakely 31723
. 202 West St.
Bainbridge 31717
. 1466 6th St., NW
Cairo 31728
Route 1
Coolidge 31738
Route 1
Pelham 31779
Route 1, Box 913
Moultrie 31768
.808 River Rd.
Nashville 31639
Route 2, Box 80
Quitman 31643
MEMBERS OF THE GENERAL ASSEMBLY
1981
148 ........James M. Beck......................2427 Westwood Dr.
Valdosta 31601
149 ........Robert L. Patten...................Route 1, Box 180
Lakeland 31635
150 ........Tom Crosby, Jr.....................705 Wacona Dr.
Waycross 31501
151 ......... Harry D. Dixon...................1303 Coral Rd.
Waycross 31501
152 ........Tommy Smith........................Route 1
Alma 31510
153-Post 1...Lundsford Moody....................P.O. Box 32
Baxley 31513
153-Post 2...Roger C. Byrd......................302 N. Rogers St.
Hazlehurst 31539
154 ........Joe E. Brown ......................114 N. Commerce St.
Hinesville 31313
155 ........Norman Shaw McVeigh..............P.O. Box 1542
Brunswick 31521
156 ........Dean G. Auten......................628 King Cotton Row
Brunswick 31520
1982
RESULTS OF REFERENDUM ELECTIONS
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1982
Election
Referendumi Results Not Final
Georgia Laws Proposed
1963 (Jan./Feb.) 14
1963 (Nov./Dec.) 21
1965 17
1966 39
1967 .................... 24
1958 ........ ........ 45
1969 ............. 34
1960 47
1961 .................... 27
1962 38
1963 39
1964 35
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
1976 33
1975 Ex. Sess. 1
1976 26
1977 13
1978 25
1979 5
1980 22
1981 ..................... 10
1982 ..................... 36
TOTALS................ 943
Not Known Held Result
1 2 11
5 16
1 1 16
4 1 34
1 23
2 2 41
1 33
7 1 39
1 26
1 2 35
1 6 33
2 3 30
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3 20
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6 38
3
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1 2 18
1 1 23
1 1 31
1
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13
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5
4 18
2 8
36
42 49 852
RESULTS OF REFERENDUM ELECTIONS
1983
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Whitfield.. 2128 City Court of Dalton................ 3-26-53 For 210
___________________ __________________________________ I Agn2613
1984
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Agn1807
Habersham. 2746 City of Clarkesville............. 2-16-64 For154
Agn 164
Georgia Laws 1953, NoTember-December session:
RESULTS OF REFERENDUM ELECTIONS
1985
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RESULTS OF REFERENDUM ELECTIONS
1987

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1989
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RESULTS OF REFERENDUM ELECTIONS

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1991
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__ Agn 934
1992
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
1993
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RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
1995
Georgia Lw, 1968:
1996
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
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1999
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RESULTS OF REFERENDUM ELECTIONS
2001
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_____________ Agn 949
Georgia Lawa, 1960:
2002
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS 2003
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2004
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2005
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Georgia Lwg, 1962:
RESULTS OF REFERENDUM ELECTIONS
2007
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2008
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2009
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RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
2011
a
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Georgia Laws 1964, January-February aeasion:
2012
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2013
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2014
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws 1944, Extra Seasion:
RESULTS OF REFERENDUM ELECTIONS
2015
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2016
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2017
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2018
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2020
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RESULTS OF REFERENDUM ELECTIONS
2021
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2022
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2023
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County P'e SUBJECT j Election Rnlt
Chattahoochee .. 2717 County Board of Education....I 7-12-68 For
2024
RESULTS OF REFERENDUM ELECTIONS
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I Agn6761
Georgia Laws, 1968:
RESULTS OF REFERENDUM ELECTIONS
2025
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Georgia Laws, 1968:
2026
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2027
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2028 RESULTS OF REFERENDUM ELECTIONS
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Coon* n*' SUBJECT Elation Result
Houston... . 3927 City of Warner Robins .............. Election Results
RESULTS OF REFERENDUM ELECTIONS 2029
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Pulaski County:
Georgia Laws, 1969:
2030
RESULTS OF REFERENDUM ELECTIONS
RESULTS OF REFERENDUM ELECTIONS
2031
5
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Georgia Laws, 1970:
2032
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1970:
RESULTS OF REFERENDUM ELECTIONS 2033
Georgia Laws 1971, January/February session:
2034
RESULTS OF REFERENDUM ELECTIONS
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'County vote:
For: 1,707 Agn: 2,369
City vote:
For: 3,263 Agn. 2,961
Georgia Laws 1971, January/February session:
RESULTS OF REFERENDUM ELECTIONS
2035
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Georgia Laws, 1971, Jan./Feb. session:
2036
RESULTS OF REFERENDUM ELECTIONS

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RESULTS OF REFERENDUM ELECTIONS
2037
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Laws 1972, January/February session:
2038
RESULTS OF REFERENDUM ELECTIONS

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RESULTS OF REFERENDUM ELECTIONS
2039
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Georgia Laws 1972, January/Fcbrtiary session:
2040
RESULTS OF REFERENDUM ELECTIONS
<o -<
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Ga. L. 1973, p. 2268 changed date of election.
Georgia Law* 1*73, Jnnonry/February
RESULTS OF REFERENDUM ELECTIONS
2041
*<2
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Georgia Laws 1972, January/February session:
2042
RESULTS OF REFERENDUM ELECTIONS
3
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Georgia Law* 1972, January/February aeaaion:
RESULTS OF REFERENDUM ELECTIONS
2043
0
05
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Georgia Laws 1*71, Jannarr/February aeaaioa:
2044
RESULTS OF REFERENDUM ELECTIONS
0
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Georgia Law* U7S, January/February aeaaion:
RESULTS OF REFERENDUM ELECTIONS
2045
kO (O 00 CO Ol QQ
JN jo c> o> o> t-N <8
d d 00 H COd
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Georgia Law* 1974, January/February session:
2046
RESULTS OF REFERENDUM ELECTIONS
00
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rH CO CO (
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248 votes
Georgia Laws 1974, January/February Session.
RESULTS OF REFERENDUM ELECTIONS
2047
V
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CO ^ r-i ^ CO
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3^0^552:2;
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2048
RESULTS OF REFERENDUM ELECTIONS
GENERAL ELECTION
Date 11-5-74
Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY
Yes No
Appling......................................
Atkinson ....................................
Bacon .......................................
Baker .......................................
Baldwin......................................
Banks .......................................
Barrow ......................................
Bartow ......................................
Ben Hill ....................................
Berrien .....................................
Bibb .....................................
Bleckley ....................................
Brantley ....................................
Brooks ......................................
Bryan .......................................
Bulloch .....................................
Burke .......................................
Butts .......................................
Calhoun .....................................
Camden ......................................
Candler .....................................
Carroll .....................................
Catoosa .....................................
Charlton ....................................
Chatham .....................................
Chattahoochee ...............................
Chattooga ...................................
Cherokee.....................................
Clarke ........... ..........................
Clay ........................................
Clayton .....................................
Clinch ......................................
Cobb ........................................
Coffee ......................................
Colquitt ....................................
Columbia ....................................
Cook ........................................
Coweta ......................................
Crawford ....................................
Crisp ..,............5%. ..........y..
Dade ........................................
Dawson ......................................
Decatur .....................................
DeKalb ......................................
Dodge .......................................
Dooly........................................
Dougherty ...................................
Douglas......................................
Early .......................................
Echols ......................................
Effingham ...................................
Elbert .........................................
Emanuel .......................................
Evans .......................................
Fannin ......................................
590
274
300
109
1,901
566
1,501
1,704
578
442
8,536
439
189
341
344
1,604
545
786
166
367
187
3,696
1,440
177
14,278
153
1,322
2,424
6,525
116
9,965
144
25,632
629
1,168
1,113
423
2,622
338
537
485
515
579
54,127
470
314
3,887
2,958
297
66
627
998
803
231
829
692
245
603
253
1,989
709
1.830
2,407
1,127
1,142
12,667
888
303
916
447
2,441
797
929
429
430
231
4,391
1,424
198
12.039
116
1,281
2.830
4,853
242
10,231
379
21,237
1,493
2,701
1,687
978
2,470
455
1,303
317
199
958
40,882
1,835
684
8,146
2,815
1,084
74
1.039
1,765
1,353
676
729
RESULTS OF REFERENDUM ELECTIONS 2049
COUNTY Y No
Fayette .............................................. 1,752 2163
Floyd ................................................ 5,764 7,222
Forsyth .............................................. 1,415 1,576
Franklin ............................................... 513 1,502
Fulton .............................................. 56,902 38,497
Gilmer.................................................. 674 825
Glascock ................................................ 96 201
Glynn ................................................ 2,067 2,658
Gordon ............................................... 1,477 1,428
Grady .................................................. 524 1,273
Greene ............................................... 962 1,101
Gwinnett ............................................. 8,846 10,024
Habersham............................................. 1,215 1,281
Hall ............................................... 5,111 3,714
Hancock ................................................ 363 503
Haralson ............................................. 1,289 1,616
Harris ................................................. 908 1,322
Hart ................................................... 420 1,408
Heard .................................................. 351 417
Henry ................................................ 2,125 2,638
Houston .............................................. 4,338 5,170
Irwin................................................... 285 676
Jackson .............................................. 2,166 2,042
Jasper.................................................. 352 493
Jeff Davis ............................................. 250 522
Jefferson .............................................. 405 1,380
Jenkins ................................................ 279 489
Johnson................................................. 373 990
Jones .................................................. 826 1,147
Lamar .................................................. 748 855
Lanier ............................................. 115 290
Laurens.............................................. 1,839 3,649
Lee..................................................... 410 837
Liberty ................................................ 385 567
Lincoln ................................................ 236 565
Long ................................................. 149 254
Lowndes .............................................. 2,069 3,382
Lumpkin .............................................. 1,043 504
Macon .................................................. 541 765
Madison ................................................ 731 883
Marion ............................................... 167 368
McDuffie ............................................... 707 1,336
McIntosh ............................................... 508 418
Meriwether............................................ 1,501 1,520
Miller ............................................... 83 210
Mitchell ............................................... 697 1,688
Monroe ................................................. 906 1,058
Montgomery ............................................. 206 611
Morgan ................................................. 791 1,186
Murray ................................................. 414 492
Muscogee ............................................ 10,456 12,112
Newton ............................................... 1,832 2,364
Oconee ................................................. 848 877
Oglethorpe ............................................. 698 684
Paulding ............................................. 1,350 1,643
Peach .................................................. 874 1,339
Pickens ................................................ 536 443
Pierce ................................................. 311 540
Pike ................................................... 652 713
Polk................................................ 1,973 2,009
Pulaski ............................................... 430 666
Putnam................................................ 565 646
2050
RESULTS OF REFERENDUM ELECTIONS
COUNTY
Yes No
Quitman . .
Rabun ....
Randolph .
Richmond .
Rockdale ..
Schley
Screven
Seminole
Spalding ..
Stephens ..
Stewart
Sumter ...
Talbot ....
Taliaferro
Tattnall ..
Taylor ....
Telfair ....
Terrell___
Thomas .. I
Tift .....
Toombs ...
Towns ....
Treutlen ..
Troup ----
Turner ...
Twiggs ...
Union ....
Upson
Walker ...
Walton ...
Ware .....
Warren . ..
Washington
Wayne ....
Webster ..
Wheeler ..
White ....
Whitfield .
Wilcox ...
Wilkes ....
Wilkinson
Worth ....
TOTAL
85
618
334
7,477
1,811
117
514
309
2,867
698
183
1,119
320
70
484
520
359
456
1,315
940
975
535
333
2,550
334
427
1,330
2,145
2,104
1,397
1,363
173
1,035
660
99
257
941
2,030
239
439
395
423
434,559
142
701
790
11,596
2,032
171
740
588
3,258
1,673
329
1,925
326
192
960
741
977
1,062
2,173
1,716
1,640
247
630
3,831
870
696
548
2,115
2,264
1,786
1,910
364
2,037
1,118
127
698
562
2,274
759
1,531
765
1,203
363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694,
decided February 13, 1975.
Georgia Lowe, 1975, Janaary/February Session:
RESULTS OF REFERENDUM ELECTIONS
2051
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2052
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# Date of General Primary 8-10-76
RESULTS OF REFERENDUM ELECTIONS
2053
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Georgia Laws, 1976, January/February session:
2054
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2055
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2056
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
2057
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Referendum Election Results: Acts of the 1979 Session of the General Assembly
2058
RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1980 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 2059
Referendum Election Results: Acts of the 1981 Session of the General Assembly
2060 RESULTS OF REFERENDUM ELECTIONS

'To be held same date as the 1982 General Primary Election
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 2061
These are 1981 laws that were required to be held in 1982.
Referendum Election Results: Acts of the 1982 Session of the General Assembly
2062
RESULTS OF REFERENDUM ELECTIONS
These are 1981 laws that were required to be held in 1982.
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 2063
Referendum Election Results: Acts of the 1982 Session of the General Assembly
2064 RESULTS OF REFERENDUM ELECTIONS
PROCLAMATION
2065
OFFICE OF SECRETARY OF STATE
1 DAVID B. POYTHRESS, SECRETARY OF STATE OF THE
STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached
twenty-three pages constitute a true and correct copy of the votes cast
for and against the ratification of the new Constitution and the sev-
enty-eight Constitutional Amendments to the Constitution of the State
of Georgia of 1976 voted on in the General Election held on November
2, 1982, as certified by the Secretary of State to the Governor of the
State of Georgia, together with the proclamation of the Governor of
the State of Georgia declaring the results of the vote of each amend-
ment; all as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed the seal of my office, at the Capitol, in the City of Atlanta, this
7th day of January, in the year of our Lord One Thousand Nine Hun-
dred and Eighty-three and of the Independence of the United States of
America the Two Hundred and Seventh.
DAVID B. POYTHRESS
Secretary of State
2066
PROCLAMATION
EXECUTIVE DEPARTMENT
PROCLAMATION
BY THE GOVERNOR:
WHEREAS: Pursuant to the provisions of Article XII, Section I,
Paragraph I of the Constitution of the State of
Georgia of 1976, four general Constitutional Amend-
ments and 74 local Constitutional Amendments to
the Constitution of the State of Georgia of 1976
were submitted to the electors of the State of Geor-
gia for ratification or rejection at the General Elec-
tion held on November 2, 1982; and
WHEREAS: Pursuant to said provisions of the Constitution of
the State of Georgia of 1976, a proposed new Consti-
tution (proposed Constitutional Amendment num-
ber 1) was submitted to the electors of the State of
Georgia for ratification or rejection at the General
Election held on November 2, 1982; and
WHEREAS: The number of votes cast for and against the ratifi-
cation of the new Constitution and the 78 Constitu-
tional Amendments to the Constitution of the State
of Georgia of 1976 voted on in the General Election
held on November 2,1982, have been counted, tabu-
lated, computed and canvassed by the Secretary of
State of the State of Georgia, and the results thereof
certified to me as Governor of the State of Georgia;
and
WHEREAS: Said certifications are attached hereto and by refer-
ence are made a part hereof; and
WHEREAS: The Georgia Election Code provides that the Gover-
nor shall issue his proclamation declaring the results
of the vote of each proposed Constitutional Amend-
ment.
NOW, THEREFORE, PURSUANT TO THE AU-
THORITY VESTED IN ME AS GOVERNOR OF
THE STATE OF GEORGIA, IT IS HEREBY
PROCLAIMED: That proposed Constitutional Amendments num-
bers 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18,
PROCLAMATION
2067
FURTHER:
FURTHER:
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51,
52, 53, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69,
70, 71, 72, 73, 74, 75, 77, 78 and 79 which appeared
upon the 1982 General Election ballot, all of which
are Amendments to the Constitution of the State of
Georgia of 1976, having been ratified according to
the Constitution of the State of Georgia of 1976 ac-
cording to the results of the November 1982 General
Election held on Tuesday, November 2, 1982, are a
part of the Constitution of the State of Georgia of
1976. Unless the amendment itself shall provide
othewise, each amendment to the Constitution shall
become effective on January 1, 1983.
I do proclaim that proposed Constitutional Amend-
ments numbers 2, 9, 19, 20, 38, 54, 58, 59 and 76
which appeared upon the 1982 General Election bal-
lot, all of which were proposed Amendments to the
Constitution of the State of Georgia of 1976, not
having been ratified according to the Constitution of
the State of Georgia of 1976 according to the results
of the November 1982 General Election held on
Tuesday, November 2, 1982, are not a part of the
Constitution of the State of Georgia of 1976.
I do proclaim that proposed Constitutional Amend-
ment number 1, the proposed new Constitution,
which appeared upon the 1982 General Election bal-
lot, having been ratified according to the Constitu-
tion of the State of Georgia of 1976 according to the
results of the November 1982 General Election held
on Tuesday, November 2, 1982, shall be the new
Constitution of the State of Georgia, effective July
1, 1983.
2068
PROCLAMATION
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the Executive Depart-
ment to be affixed. This 21st day of December, 1982.
By the Governor:
GEORGE BUSBEE
Governor
TOM PERDUE
Secretary, Executive Department
PROCLAMATION
2069
OFFICE OF SECRETARY OF STATE
I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE
STATE OF GEORGIA, DO HEREBY CERTIFY THAT in the Gen-
eral Election held in this State November 2, 1982, the number of votes
cast for and against the five (5) General Constitutional Amendments
voted on in said election are tabulated on the one typewritten page
hereto attached and is the true and correct total vote as shown by the
consolidated returns which are hied in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed the seal of my office, at the Capitol, in the City of Atlanta, this
12th day of November, in the year of our Lord One Thousand Nine
Hundred and Eighty-Two and of the Independence of the United
States of America the Two Hundred and Seventh.
DAVID B. POYTHRESS
Secretary of State
2070 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
GENERAL CONSTITUTIONAL AMENDMENTS VOTED
ON NOVEMBER 2, 1982
AMENDMENT NO. 1
Extraordinary Res. Act
1
H. R. 4 Ex
(Ga. Ex. Session L.
1981, P. 143)
Shall the proposed
new Constitution be
ratified as the Consti-
tution of the State of
Georgia?
YES NO
567,663 211,342
AMENDMENT NO. 2
Extraordinary Res. Act
2
H. R. 6 Ex
(Ga. Ex. Session L.
1981, P. 224)
Shall the Constitution
be amended so as to
provide that persons
holding the office of
Governor may not suc-
ceed themselves?
317,060 501,359
AMENDMENT NO. 3
Res. Act 131
S. R. 340
(Ga. L. 1982, P. 2546)
Shall the Constitution 410,400
be amended so as to
clarify the status of
sovereign immunity
and to waive the de-
fense of sovereign im-
munity in contract ac-
tions and in other
actions to the extent of
liability insurance and
as otherwise may be
provided by law?
256,971
AMENDMENT NO. 4
Res. Act 132
H. R. 158
(Ga. L. 1982, P. 2547)
Shall the Constitution
be amended so as 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 popula-
tion of 550,000 or more
according to the
United States decen-
375,412 346,083
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2071
AMENDMENT NO.
Res. Act 124
S. R. 293
(Ga. L. 1982, P. 2517)
nial census of 1980 or
any future such census
and authorizing the
General Assembly to
transfer existing li-
brary facilities and
systems of such county
and of any municipal-,
ity located wholly or
partially within such
county to the county-
wide public library
system?
Shall the Constitution 332,933 310,132
be amended so as to
increase the home-
stead exemption for
residents of Henry
County from ad
valorem taxation for
state, county, and
school purposes, ex-
cept taxes levied by
municipalities for
school purposes and
taxes to pay interest
on and retire bonded
indebtedness, from
$2,000.00 to $4,000.00?
2072 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
OFFICE OF SECRETARY OF STATE
I, DAVID B. POYTHRESS, SECRETARY OF STATE OF THE
STATE OF GEORGIA, DO HEREBY CERTIFY THAT the attached
twenty pages of typewritten matter constitute a true and correct copy
of the votes cast in this State in the General Election held on Novem-
ber 2, 1982, for and against Local Constitutional Amendments number
six (6) through seventy-nine (79); all as same appears of file and record
in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed the seal of my office, at the Capitol, in the City of Atlanta, this
3rd day of December, in the year of our Lord One Thousand Nine
Hundred and Eighty-two and of the Independence of the United
States of America the Two Hundred and Seventh.
DAVID B. POYTHRESS
Secretary of State
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2073
LOCAL CONSTITUTIONAL AMENDMENTS VOTED ON
NOVEMBER 2, 1982
AMENDMENT NO. 6
(Res. Act 176, H. R. 780, Ga. L. 1982, P. 2653)
APPLING COUNTY
Shall the Constitution be
amended so as to authorize a
homestead exemption for resi-
dents of the City of Baxley in an
amount to be fixed by the gov-
erning authority of the city at not
more than $15,000.00 from all
City of Baxley ad valorem taxes?
AMENDMENT NO. 7
(Res. Act 133, H. R. 303, Ga. L. 1982, P. 2549)
BIBB COUNTY AND JONES COUNTY
City of Baxley
Yes 404 No 96
Shall the Constitution be
amended so as to increase the
amount of the pensions paid to
certain retired firemen or police-
men?
City of Macon (Bibb County)
Yes 11,326 No 3,014
City of Macon (Jones County)
Yes 21 No 4
AMENDMENT NO. 8
(Res. Act 182, H. R. 817, Ga. L. 1982, P. 2669)
BLECKLEY COUNTY
Shall the Constitution be
amended so as to provide for the
election of the members of the
Board of Education of Bleckley
County from education districts
and to provide for other matters
relative thereto?
Bleckley County School Dist.
Yes 1,302 No 730
AMENDMENT NO. 8
(Res. Act 130, S. R. 333, Ga. L. 1982, P. 2544)
2074 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
BRYAN COUNTY
Shall the Constitution be
amended so as to change the re-
quirement that the governing au-
thority of Bryan County must levy
and collect an annual ad valorem
tax of two mills for developing
and promoting industry by au-
thorizing the governing authority
to levy and collect an annual ad
valorem tax of from zero to a
maximum of two mills based upon
the recommendation of the Bryan
County Industrial Development
Authority and providing that all
such funds levied and collected
must be paid over to the Bryan
County Industrial Development
Authority for the purposes au-
thorized?
BULLOCH COUNTY
Shall the Constitution be
amended so as to authorize the
governing authority of Bulloch
County to create and tax at differ-
ent rates subclasses of real prop-
erty for purposes of special ser-
vices fire districts?
BULLOCH COUNTY
Shall the Constitution be
amended so as to authorize the
General Assembly to allocate a
percentage of the proceeds of any
local sales and use tax levied
Bryan County
Yes 593 No 731
1916)
Bulloch County
Yes 3,084 No 2,141
1931)
Bulloch County
Yes 4,214 No 1,635
Bulloch County School Dist.
Yes 4,214 No 1,635
AMENDMENT NO. 10
(Res. Act 71, H. R. 170, Ga. L. 1981, P.
AMENDMENT NO. 11
(Res. Act 78, H. R. 338, Ga. L. 1981, P.
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2075
within Bulloch County to the Bul-
loch County school system and to
include provisions relative to a re-
duction in the ad valorem millage
rate for school purposes?
AMENDMENT NO. 12
(Res. Act 67, S. R. 86, Ga. L. 1981, P. 1909)
CAMDEN COUNTY
Shall the Constitution be
amended so as to provide that the
Probate Court of Camden County
shall have jurisdiction to try and
impose fines for the violation of
county ordinances and resolutions
in accordance with the fines speci-
fied by such ordinance or resolu-
tion and to authorize the General
Assembly to provide by law the
procedures and conditions under
which this jurisdiction shall be ex-
ercised?
AMENDMENT NO. 13
(Res. Act 149, H. R. 640, Ga. L. 1982, P. 2586)
CAMDEN COUNTY
Camden County
Yes 650 No 301
Shall the Constitution be
amended so as to provide a home-
stead exemption in an amount of
$4,000.00 from all county and
county school ad valorem taxes
for residents of Camden County
and 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?
Camden County
Yes 883 No 215
Camden County School Dist.
Yes 883 No 215
2076 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
AMENDMENT NO. 14
(Res. Act 72, H. R. 206, Ga. L. 1981, P. 1917)
CHATHAM COUNTY
Shall the Constitution be Chatham County
amended so as to exempt from ad
valorem taxation for educational Yes 14,047 No 5,057
purposes levied for or in behalf of
the Board of Public Education for
the City of Savannah and the
County of Chatham in the amount
of $12,000.00 of the assessed value
of the homestead of each resident
of Chatham County who is 62
years of age or over if his net in-
come from all sources, including
the net income from all sources of
all members of his family residing
within the homestead, as net in-
come is defined by Georgia law,
does not exceed $10,000.00?
AMENDMENT NO. 15
(Res. Act 73, H. R. 210, Ga. L. 1981, P. 1920)
CHATHAM COUNTY
Shall the Constitution be Chatham County
amended so as to provide that the
compensation of the members of Yes 10,058 No 9,976
the Board of Public Education for
the City of Savannah and the
County of Chatham may be
changed by local law without the
necessity of a referendum?
AMENDMENT NO. 16
(Res. Act 183, H. R. 822, Ga. L. 1982, P. 2675)
CHATTOOGA COUNTY
Shall the Constitution be Chattooga County
amended so as to allocate to the Yes 1,462 No 1,221
Chattooga County School District Chattooga County School Dist.
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2077
and to the City of Trion for the Yes 1,118 No 933
use of the Trion Independent Trion School District
School District for the proceeds of Yes 344 No 288
any local sales and use tax levied
within Chattooga County and so
as to provide for corresponding ad
valorem tax adjustments?
AMENDMENT NO. 17
(Res. Act 118, S. R. 225, Ga. L. 1982, P. 2505)
COBB COUNTY
Shall the Constitution be City of Powder Springs
amended so as to authorize the
General Assembly to modify the Yes 366 No 238
provisions governing the Powder
Springs Downtown Development
Authority?
AMENDMENT NO. 18
(Res. Act 164, H. R. 730, Ga. L. 1982, P. 2615)
COBB COUNTY
Shall the Constitution be Cobb County
amended so as to provide that a
vacancy in the office of a justice of Yes 37,459 No 23,725
the peace in Cobb County shall
not be filled until the next general
election after the occurrence of
the vacancy?
AMENDMENT NO. 19
(Res. Act 146, H. R. 634, Ga. L. 1982, P. 2578)
COLQUITT COUNTY
Shall the Constitution be Colquitt County
amended so as to remove the Yes 967 No 1,792
maximum amount of interest that City of Moultrie
bonds issued by the Moultrie-Col- Yes 583 No 1,637
quitt County Development Au-
thority may bear and the maxi-
mum amount of interest that the
Authority may pay on funds bor-
2078 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
rowed from financial institutions
and to provide a code of ethics for
members of the Authority?
AMENDMENT NO. 20
(Res. Act 180, H. R. 813, Ga. L. 1982, P. 2663)
COLQUITT COUNTY
Shall the Constitution be Colquitt County
amended so as to require the tax
commissioner of Colquitt County Yes 2,086 No 2,270
to collect an additional fee of
$1.00 for every motor vehicle li-
cense tag or annual renewal decal
issued by such official and to re-
quire the revenue derived from
the collection of such fee to be
used to fund emergency medical
services in Colquitt County?
AMENDMENT NO. 21
(Res. Act 144, H. R. 622, Ga. L. 1982, P. 2575)
COLUMBIA COUNTY
Shall the Constitution be Columbia County
amended so as to increase the ju- Yes 3,373 No 2,254
risdiction of civil cases over which
the Justices of the Peace of Co-
lumbia County shall have jurisdic-
tion?
AMENDMENT NO. 22
(Res. Act 139, H. R. 573, Ga. L. 1982, P. 2564)
CRISP COUNTY
Shall the Constitution be Crisp County School District
amended to provide an additional Yes 2,142 No 390
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
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2079
Crisp County School District who
are 65 years of age or over?
AMENDMENT NO. 23
(Res. Act 142, H. R. 597, Ga. L. 1982, P. 2570)
CRISP COUNTY
Shall the Constitution be
amended so as to provide for an
increase in membership of the
Crisp County-Cordele Industrial
Development Authority?
AMENDMENT NO. 24
(Res. Act 70, H. R. 142, Ga. L. 1981, P. 1914)
DEKALB COUNTY
Shall the Constitution be
amended so as to provide for a
homestead exemption from cer-
tain city ad valorem taxes for resi-
dents of the City of Decatur in an
amount to be fixed by the gov-
erning authority of the city at not
more than $2,000.00 for the first
year, and which may be increased
periodically, but which exemption
shall not exceed $10,000.00?
AMENDMENT NO. 25
(Res. Act 129, S. R. 330, Ga. L. 1982, P. 2542)
DEKALB COUNTY
Shall the Constitution be City of Chamblee
amended so as to increase the Yes 931 No 135
homestead exemptions for resi-
dent homeowners of the City of
Chamblee to an amount of
$20,000.00 for a resident home-
owner under the age of 65 and to
exempt from all city ad valorem
taxes the full value of the home-
stead of each resident homeowner
City of Decatur
Yes 2,919 No 628
Crisp County
Yes 722 No 311
City of Cordele
Yes 808 No 299
2080 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
who is totally disabled or is 65
years of age or older?
AMENDMENT NO. 26
(Res. Act 143, H. R. 617, Ga. L. 1982, P. 2573)
DEKALB COUNTY
Shall the Constitution be DeKalb County
amended so as to authorize the Yes 64,271 No 21,302
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 au-
thorize 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 As-
sembly 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 vot-
ers of districts within the county
pursuant to parallel local legisla-
tion adopted by the General As-
sembly?
AMENDMENT NO. 27
(Res. Act 151, H. R. 663, Ga. L. 1982, P. 2590)
DEKALB COUNTY
Shall the Constitution be City of Pine Lake
amended so as to authorize the Yes 107 No 29
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 residents of the
City of Pine Lake?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2081
AMENDMENT NO. 28
(Res. Act 162, H. R. 716, Ga. L. 1982, P. 2610)
DEKALB COUNTY
Shall the Constitution be
amended so as to provide for a
homestead exemption for resi-
dents of the City of Doraville in
an amount fixed by the governing
authority of the city at not more
than $50,000 from all ad valorem
taxes levied and collected by the
City?
DEKALB COUNTY
Shall the Constitution be
amended 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?
City of Doraville
Yes 1,087 No 159
2657)
DeKalb County
Yes 68,972 No 22,104
DeKalb County School District
Yes 64,235 No 20,502
AMENDMENT NO. 29
(Res. Act 178, H. R. 789, Ga. L. 1982, P.
AMENDMENT NO. 30
(Res. Act 179, H. R. 793, Ga. L. 1982, P. 2659)
DEKALB COUNTY
Shall the Constitution be
amended so as to provide that
each resident of the DeKalb
County School District who is 62
years of age or over or who is dis-
abled and whose gross income, to-
gether 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 an-
num shall be granted an exemp-
DeKalb County School District
Yes 70,113 No 16,826
2082 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
tion 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?
AMENDMENT NO. 31
(Res. Act 167, H. R. 743, Ga. L. 1982, P. 2634)
EFFINGHAM COUNTY
Shall the Constitution be Effingham County School Dist.
amended to provide an additional Yes 1,653 No 448
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 Dis-
trict who are 65 years of age or
over?
AMENDMENT NO. 32
(Res. Act 77, H. R. 307, Ga. L. 1981, P. 1928)
COWETA COUNTY AND FULTON COUNTY
Shall the Constitution be City of Palmetto (Coweta
amended so as to provide a home- County)
stead exemption of $8,000.00 from Yes 21 No 2
all Palmetto ad valorem taxes for City of Palmetto (Fulton County)
each resident of the City of Pal- Yes 276 No 39
metto who is 65 years of age or
older having an adjusted gross in-
come, with certain exclusions, to-
gether with the adjusted gross in-
come of his spouse who also
occupies and resides at such
homestead, which does not exceed
$8,000.00 for the immediately
preceeding taxable year for in-
come tax purposes?
AMENDMENT NO. 33
(Res. Act 117, S. R. 38, Ga. L. 1982, P. 2504)
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2083
FULTON COUNTY
Shall the Constitution be Fulton County
amended so as to provide that the Yes 48,870 No 34,786
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 pro-
grams and activities in such mu-
nicipalities?
AMENDMENT NO. 34
(Res. Act 120, S. R. 264, Ga. L. 1982, P. 2509)
DEKALB COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to exempt the in-
creased value of property result-
ing from certain capital improve-
ments of the Cabbagetown
Historic District economic reuse
establishment and certain addi-
tions thereto from all City of At-
lanta and Fulton County ad
valorem property taxes, including
ad valorem taxes for school pur-
poses, for a period of seven years
following their establishment or
addition?
AMENDMENT NO. 35
(Res. Act 127, S. R. 320, Ga. L. 1982,
FULTON COUNTY
Shall the Constitution be
amended so as to create the
Hapeville Development Authority
and to provide for the powers, du-
ties, and responsibilities of said
Authority; and to authorize the
City of Atlanta (DeKalb County)
Yes 1,847 No 1,236
Atlanta School Dist.
(DeKalb County)
Yes 1,847 No 1236
Fulton County
Yes 40,896 No 39,843
City of Atlanta (Fulton County)
Yes 25,658 No 20,757
Atlanta School Dist.
(Fulton County)
Yes 25,658 No 20,757
P. 2524)
City of Hapeville
Yes 788 No 658
2084 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
City of Hapeville to contract with
said Authority, to create special
tax districts and levy taxes
therein, and to levy taxes within
the municipality and expend the
same as payments pursuant to
contractual agreements which
may arise between the City of
Hapeville and said Authority?
AMENDMENT NO. 36
(Res. Act 155, H. R. 672, Ga. L. 1982, P. 2597)
FULTON COUNTY
Shall the Constitution be City of Union City
amended so as to provide for an Yes 509 No 155
increase in the maximum income
qualifications from $6,000.00 to
$8,000.00 for homestead exemp-
tions from city ad valorem taxa-
tion for resident homeowners in
the City of Union City who are 65
years of age or older?
AMENDMENT NO. 37
(Res. Act 159, H. R. 701, Ga. L. 1982, P. 2605)
CLAYTON COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to provide for a
homestead exemption 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 resi-
dent homeowners who are totally
disabled or 65 years of age or
older?
AMENDMENT NO. 38
(Res. Act 163, H. R. 718, Ga. L. 1982, P. 2613)
City of College Park
(Clayton County)
Yes 364 No 32
City of College Park
(Fulton County)
Yes 2,508 No 164
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2085
FULTON COUNTY
Shall the Constitution be Fulton County
amended so as to authorize, ratify, Yes 38,348 No 43,409
and affirm the creation of a build-
ing authority of Fulton County, to
authorize said authority to enter
into certain contracts, to authorize
the exemption of said authoritys
activities from taxation, and to
authorize provisions for validation
of its obligations?
AMENDMENT NO. 39
(Res. Act 166, H. R. 741, Ga. L. 1982, P. 2618)
FULTON COUNTY
Shall the Constitution be City of Hapeville
amended so as to create the Yes 672 No 665
Hapeville Development Authority
and to provide for the powers, du-
ties, and responsibilities of said
Authority; and to authorize the
City of Hapeville to contract with
said Authority, to create special
tax districts and levy taxes
therein, and to levy taxes within
the municipality and expend the
same as payments pursuant to
contractual agreements which
may arise between the City of
Hapeville and said Authority?
AMENDMENT NO. 40
(Res. Act 173, H. R. 774, Ga. L. 1982, P. 2645)
DEKALB COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to authorize the
General Assembly to provide by
local law that exemptions from ad
valorem taxation by Fulton
County and the City of Atlanta
City of Atlanta (DeKalb County)
Yes 1,806 No 1,151
Atlanta School Dist.
(DeKalb Co.)
Yes 1,806 No 1,151
City of Atlanta (Fulton County)
2086 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
for inventories of certain goods Yes 29,199 No 16,576
may apply within urban enter- Atlanta School Dist. (Fulton Co.)
prise zones established by the gov- Yes 29,199 No 16,576
erning body of the City of At- Fulton County
lanta? Yes 46,025 No 34,274
AMENDMENT NO. 41
(Res. Act 174, H. R. 775, Ga. L. 1982, P. 2647)
DEKALB COUNTY AND FULTON COUNTY
Shall the Constitution be
amended so as to provide that the
General Assembly may enact leg-
islation treating real property lo-
cated 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 At-
lanta for the purposes of ad
valorem taxes levied for city and
county purposes?
AMENDMENT NO. 42
(Res. Act 75, H. R. 215, Ga. L. 1981
GILMER COUNTY
Shall the Constitution be
amended so as to authorize the
Gilmer County Industrial Devel-
opment Authority to fix the inter-
est rate to be borne by bonds, de-
bentures, or revenue bonds issued
by the authority and to provide
that state usury laws shall not ap-
ply to such issues?
City of Atlanta (DeKalb County)
Yes 1,657 No 1,337
City of Atlanta (Fulton County)
Yes 25,771 No 19,148
Fulton County
Yes 40,778 No 38,355
P. 1923)
Gilmer County
Yes 498 No 469
AMENDMENT NO. 43
(Res. Act 169, H. R. 748, Ga. L. 1982, P. 2637)
GLYNN COUNTY
Shall the Constitution be
amended so as to authorize and
Glynn County
Yes 4,943 No 3,090
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2087
empower the governing authority
of Glynn County to enact ordi-
nances for the governing and po-
licing of said county, to imple-
ment and enforce such ordinances,
and to provide penalties for the
violation of such ordinances; and
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
Assembly?
AMENDMENT NO. 44
(Res. Act 74, H. R. 213, Ga. L. 1981, P. 1921)
GWINNETT COUNTY
Shall the Constitution be
amended so as to increase the
homestead exemption to
$20,000.00 and the income limits
to $10,000.00 for certain residents
of Gwinnett County who are 65
years of age or over and to provide
for the granting of such exemp-
tion to both spouses under certain
conditions although only one of
them is 65 years of age or over?
AMENDMENT NO. 45
(Res. Act 140, H. R. 591, Ga. L. 1982, P. 2566)
HABERSHAM COUNTY
Shall the Constitution be Habersham County School Dist.
amended so as to require the Yes 2,859 No 1,404
Board of Education of the Haber-
sham County School District to
impose, levy, and collect a 1 per-
cent sales and use tax for educa-
tional purposes and to adjust mil-
lage rate limitations upon and the
millage rate levied by the Haber-
Gwinnett County School District
Yes 30,693 No 6,121
Gwinnett County
Yes 30,693 No 6,121
2088 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
sham County School District on
and after January 1, 1984, to take
into account the proceeds received
from that tax by the school dis-
trict the preceding year?
AMENDMENT NO. 46
(Res. Act 123, S. R. 292, Ga. L. 1982, P. 2515)
HENRY COUNTY
Shall the Constitution be
amended so as to provide a home-
stead 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, to-
gether with the income of all
members of his family who also
occupy and reside at such home-
stead, does not exceed $12,000.00?
Henry County School District
Yes 6,083 No 1,159
AMENDMENT NO. 47
(Res. Act 125, S. R. 294, Ga. L. 1982, P. 2519)
HENRY COUNTY
Shall the Constitution be Henry County
amended so as to provide a home- Yes 6,943 No 1,028
stead 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, disa-
bility, and pension benefits?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2089
AMENDMENT NO. 48
(Res. Act 161, H. R. 713, Ga. L. 1982, P. 2609)
HENRY COUNTY
Shall the Constitution be
amended so as to provide that cer-
tain capital improvements of new
manufacturing establishments
shall be exempt from all Henry
County ad valorem taxes, except
taxes for school purposes, for
three years from their establish-
ment?
AMENDMENT NO. 49
(Res. Act 157, H. R. 699, Ga. L. 1982, P. 2600)
HOUSTON COUNTY
Henry County
Yes 3,572 No 3,485
Shall the Constitution be
amended 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 an-
other constitutional amendment?
Houston County
Yes 8,409 No 6,762
Houston County School District
Yes 8,409 No 6,762
AMENDMENT NO. 50
(Res. Act 158, H. R. 700, Ga. L. 1982, P. 2601)
HOUSTON COUNTY
Shall the Constitution be
amended so as to limit the power
of Houston County and the Hous-
ton County School District to im-
pose, levy, collect, and receive ad
valorem taxes?
Houston County
Yes 10,146 No 5,556
Houston County School District
Yes 10,146 No 5,556
AMENDMENT NO. 51
(Res. Act 150, H. R. 657, Ga. L. 1982, P. 2588)
2090 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
JEFFERSON COUNTY
Shall the Constitution be
amended so as to permit the Gen-
eral Assembly to authorize local
taxing jurisdictions in Jefferson
County to grant discounts for
early payment of ad valorem
taxes?
Jefferson County
Yes 1,568 No 564
Jefferson Co. School District
Yes 1,568 No 564
City of Louisville
Yes 358 No 104
City of Wadley
Yes 160 No 57
City of Wrens
Yes 195 No 67
City of Bartow
Yes 38 No 15
City of Avery
Yes 13 No 8
City of Stapleton
Yes 30 No 4
AMENDMENT NO. 62
(Res. Act 152, H. R. 669, Ga. L. 1982, P. 2592)
LOWNDES COUNTY
Shall the Constitution be Lowndes County
amended so as to increase the ju- Yes 3,762 No 3,248
risdiction of civil cases over which
the Justices of the Peace of
Lowndes County shall have juris-
diction?
AMENDMENT NO. 53
(Res. Act 153, H. R. 670, Ga. L. 1982, P. 2593)
LOWNDES COUNTY
Shall the Constitution be Lowndes County
amended so as to provide that the Yes 3,630 No 3,534
board of commissioners of
Lowndes County shall have the
right and power to assess and col-
lect license fees and taxes from all
persons, firms, and corporations
doing business in the unincorpo-
rated area of Lowndes County?
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2091
AMENDMENT NO. 54
(Res. Act 175, H. R. 777, Ga. L. 1982, P. 2649)
LOWNDES COUNTY
Shall the Constitution be Lowndes County
amended so as to authorize Yes 3,478 No 3,612
Lowndes County to issue street
improvement bonds for the pur-
pose of financing the costs of ac-
quiring, constructing and improv-
ing streets, such bonds to be
payable solely from the assess-
ments on the property which
abuts the improvements acquired
or constructed with the proceeds
thereof?
AMENDMENT NO. 55
(Res. Act 147, H. R. 636, Ga. L. 1982, P. 2582)
MERIWETHER COUNTY
Shall the Constitution be Meriwether County
amended so as to increase the dol- Yes 1,673 No 1,535
lar amount of civil cases over
which the Justices of the Peace of
Meriwether County shall have ju-
risdiction and provide for bond
requirements be approved?
AMENDMENT NO. 56
(Res. Act 172, H. R. 758, Ga. L. 1982, P. 2643)
MITCHELL COUNTY
Shall the Constitution be
amended so as to require the
boards of education of the Mitch-
ell County School District and the
Pelham Independent School Dis-
trict to impose, levy, and collect a
1 percent sales and use tax for
educational purposes and to ad-
just millage rate limitations upon
Mitchell County School District
Yes 2,038 No 730
Pelham School District
Yes 654 No 93
Mitchell County
Yes 2,692 No 823
2092 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
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?
AMENDMENT NO. 57
(Res. Act 76, H. R. 271, Ga. L. 1981, P. 1926)
MUSCOGEE COUNTY
Shall the Constitution be
amended so as to provide for as-
sessment of homestead property
in Muscogee County for ad
valorem tax purposes based upon
the value of the property on Janu-
ary 1, 1983; or as of January 1 of
the first year when homestead ex-
emption is allowed and claimed
after January 1, 1983; or as of
January 1 of the year following
the last change of ownership after
January 1, 1983, whichever is
later?
Muscogee County School District
Yes 19,513 No 7,143
Muscogee/Columbus Consolidated
Yes 19,513 No 7,143
AMENDMENT NO. 58
(Res. Act 141, H. R. 594, Ga. L. 1982, P. 2568)
NEWTON COUNTY
Shall the Constitution be City of Covington
amended so as to provide for a Yes 685 No 887
homestead exemption for resi-
dents of the City of Covington in
an amount to be fixed by the gov-
erning authority of the city at not
more than $20,000.00 from all ad
valorem taxes levied and collected
by the city?
AMENDMENT NO. 58
(Res. Act 171, H. R. 753, Ga. L. 1982, P. 2640)
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2093
NEWTON COUNTY
Shall the Constitution be
amended so as to change the pro-
visions relating to homestead ex-
emptions 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 re-
ceive 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 cor-
responding limit on ad valorem
taxes for the school district?
Newton County
Yes 1,289 No 5,211
Newton County School District
Yes 1,289 No 5,211
AMENDMENT NO. 60
(Res. Act 121, S. R. 266, Ga. L. 1982, P. 2511)
PAULDING COUNTY
Shall the Constitution be Paulding County School District
amended so as to provide that the Yes 3,341 No 895
homestead of each resident of the
Paulding County School District
who is 65 years of age or over, re-
gardless of income, shall be ex-
empt from ad valorem taxation
for educational purposes levied by
or on behalf of the Paulding
County School District, including
ad valorem taxation to pay inter-
est on or to retire school bond in-
debtedness, in the amount of 50%
of the assessed value of such
homestead minus any applicable
exemptions otherwise provided by
this Constitution on such home-
stead for educational purposes,
and to provide that the homestead
of each resident of the Paulding
County School District who is 70
2094 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
years of age or over, regardless of
income, shall be completely ex-
empt 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 inter-
est on or to retire school bond in-
debtedness.
AMENDMENT NO. 61
(Res. Act 148, H. R. 639, Ga. L. 1982, P. 2584)
PIERCE COUNTY
Shall the Constitution be Pierce County School District
amended so to provide that each Yes 1,060 No 222
resident of the Pierce County
School District who is 62 years of
age or over and whose income
from all sources, including the in-
come of all family members resid-
ing within said homestead, does
not exceed $12,000.00 per annum
shall be granted a homestead ex-
emption of $10,000.00 from all
Pierce County School District ad
valorem taxes?
AMENDMENT NO. 62
(Res. Act 122, S. R. 267, Ga. L. 1982, P. 2513)
POLK COUNTY
Shall the Constitution be
amended so as to increase from
two hundred dollars to five hun-
dred dollars the civil jurisdiction
of justices of the peace in Polk
County?
Polk County
Yes 2,356 No 1,711
AMENDMENT NO. 63
(Res. Act 181, H. R. 816, Ga. L. 1982, P. 2664)
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2095
PULASKI COUNTY
Shall the Constitution be Pulaski County School District
amended so as to provide for the Yes 1,159 No 271
election of the members of the
Board of Education of Pulaski
County from education districts
and to provide for other matters
relative thereto?
AMENDMENT NO. 64
(Res. Act 126, S. R. 309, Ga. L. 1982, P. 2522)
RABUN COUNTY
Shall the Constitution be Rabun County School District
amended so as to require the Yes 1,202 No 803
Board of Education of the Rabun
County School District to impose,
levy, and collect a 1 percent sales
and use tax for educational pur-
poses and to adjust millage rate
limitations upon and the millage
rate levied by the Rabun County
School District on and after Janu-
ary 1, 1984, to take into account
the proceeds received from that
tax by the school district the pre-
ceding year?
AMENDMENT NO. 66
(Res. Act 165, H. R. 740, Ga. L. 1982, P. 2616)
RICHMOND COUNTY
Shall the Constitution be City of Augusta
amended so as to exempt from Yes 4,062 No 1,720
City of Augusta ad valorem taxes
certain capital improvements of
commercial and business estab-
lishments?
AMENDMENT NO. 66
(Res. Act 170, H. R. 751, Ga. L. 1982, P. 2639)
2096 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
RICHMOND COUNTY
Shall the Constitution be Richmond County
amended so as to authorize the Yes 17,397 No 3,845
General Assembly to create, by lo-
cal law, a merit system of employ-
ment for all or some of the em-
ployees of the sheriff in Richmond
County?
AMENDMENT NO. 67
(Res. Act 156, H. R. 698, Ga. L. 1982, P. 2598)
SCHLEY COUNTY
Shall the Constitution be Schley County
amended so as to increase the dol- Yes 216 No 155
lar amount of civil cases over
which the justices of the peace of
Schley County shall have jurisdic-
tion from $200.00 to $750.00?
AMENDMENT NO. 68
(Res. Act 168, H. R. 746, Ga. L. 1982, P. 2635)
SCREVEN COUNTY
Shall the Constitution be
amended so as to exempt the cap-
ital improvements of certain man-
ufacturing establishments in
Screven County and certain addi-
tions thereto from all county, mu-
nicipal, and school district ad
valorem property taxes for a pe-
riod of five years following their
establishment or addition?
AMENDMENT NO. 69
(Res. Act 79, H. R. 339, Ga. L. 1981, P. 1933)
SPALDING COUNTY
Shall the Constitution be
amended so as to increase the ju-
risdiction of civil cases over which
Screven County School District
Yes 1,078 No 447
Screven County
Yes 1,078 No 447
Spalding County
Yes 4,460 No 3,134
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2097
the Justices of the Peace of Spald-
ing County shall have jurisdic-
tion?
AMENDMENT NO. 70
(Res. Act 184, H. R. 823, Ga. L. 1982, P. 2677)
SPALDING COUNTY
Shall the Constitution be
amended so as to declare the con-
struction of certain public facili-
ties in Spalding County as an es-
sential governmental funtion and
a public purpose; to authorize
Spalding County to levy a retail
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 hun-
dred thousand dollars ($3,200,000)
of the jailhouse bonds and not
more than four million one hun-
dred thousand dollars ($4,100,000)
of courthouse and administrative
facility bonds; to authorize the
Griffin-Spalding County School
System to issue not more than ten
million dollars ($10,000,000) of
school bonds; all such bonds to be
payable solely from and secured
solely by the proceeds of sales and
use tax without a referendum, but
subject to the limitations im-
posed?
Spalding County
Yes 8,339 No 1,354
Griffin/Spalding School Dist.
Yes 8,339 No 1,354
AMENDMENT NO. 71
(Res. Act 185, H. R. 826, Ga. L. 1982, P. 2680)
SPALDING COUNTY
Shall the Constitution be Griffin/Spalding School Dist.
amended so as to provide that the Yes 6,532 No 1,795
Griffin-Spalding County Board of
2098 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
Education shall be composed of
ten members to be elected from
ten education districts by the
electors of their respective dis-
tricts.
AMENDMENT NO. 72
(Res. Act 137, H. R. 540, Ga. L. 1982, P. 2557)
TIFT COUNTY
Shall the Constitution be
amended 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 consolida-
tion of the governments of the
City of Tifton and Tift County
and for the establishment of a
successor government with powers
and jurisdiction throughout the
territorial 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 approval or rejection
in such manner as the General As-
sembly shall provide by said local
Act?
Tift County
Yes 2,675 No 1,747
City of Tifton
Yes 2,023 No 948
AMENDMENT NO. 73
(Res. Act 128, S. R. 321, Ga. L. 1982, P. 2540)
TOWNS COUNTY
Shall the Constitution be
amended so as to provide that un-
less the joint county and munici-
pal 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 Dis-
Towns County School District
Yes 1,133 No 670
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2099
trict shall be required to impose,
levy, and collect a 1 percent sales
and use tax for educational pur-
poses and adjust millage rate limi-
tations upon and the millage rate
levied by the Towns County
School District on and after Janu-
ary 1, 1984, to take into account
the proceeds received from that
tax by the school district the pre-
ceding year?
AMENDMENT NO. 74
(Res. Act 119, S. R. 227, Ga. L. 1982, P. 2507)
UNION COUNTY
Shall the Constitution be Union County School District
amended so as to require the Yes 1,973 No 389
Board of Education of the Union
County School District to impose,
levy, and collect a 1 percent sales
and use tax for educational pur-
poses for a period beginning on
January 1, 1983, and ending on
December 31, 1984?
AMENDMENT NO. 75
(Res. Act 160, H. R. 705, Ga. L. 1982, P. 2607)
UPSON COUNTY
Shall the Constitution be
amended so as to enlarge and ex-
pand upon the types and kinds of
projects which the Thomaston-
Upson County Industrial Develop-
ment Authority may undertake
and in which it may be engaged?
Upson County
Yes 3,216 No 1,190
City of Thomaston
Yes 1,441 No 515
AMENDMENT NO. 76
(Res. Act 177, H. R. 787, Ga. L. 1982, P. 2655)
WALTON COUNTY
Shall the Constitution be
Walton County
2100 RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS
amended so as to provide that the Yes 1,588 No 1,629
Board of Commissioners of Wal-
ton County shall have the right
and power to assess and collect li-
cense fees and taxes from all per-
sons, firms, and corporations do-
ing business in the unincorporated
area of Walton County?
AMENDMENT NO, 77
(Res. Act 138, H. R. 563, Ga. L. 1982, P. 2563)
WARE COUNTY
Shall the Constitution be
amended so as to authorize the
board of commissioners of Ware
County to create the office of
county manager, appoint and re-
move the county manager, fix his
compensation, and prescribe his
duties, powers, and responsibili-
ties by local ordinance or resolu-
tion?
AMENDMENT NO. 78
(Res. Act 145, H. R. 625, Ga. L. 1982, P. 2576)
WHITFIELD COUNTY
Shall the Constitution be Whitfield County
amended so as to increase the Yes 7,107 No 1,789
amount of the homestead exemp-
tion 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?
AMENDMENT NO. 79
(Res. Act 154, H. R. 671, Ga. L. 1982, P. 2595)
Ware County
Yes 3,038 No 2,250
RESULTS OF PROPOSED CONSTITUTIONAL AMENDMENTS 2101
WHITFIELD COUNTY
Shall the Constitution be
amended so as to authorize the
board of commissioners of Whit-
field County to provide by ordi-
nance or resolution for the crea-
tion of a merit system of
employment and personnel ad-
ministration for employees of
Whitfield County paid in whole or
in part by county funds, other
than elected or certain appointed
officials?
Whitfield County
Yes 4,666 No 4,459
For any information regarding these
ACTS and RESOLUTIONS please contact:
MAX CLELAND
Secretary of State

Wit i@T
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