Acts and resolutions of the General Assembly of the state of Georgia, 1984, volume I

Compiler's Note
General Acts and Resolutions of the 1984 session will be
found in volume one beginning at page one. Proposed amend-
ments to the Constitution passed at the 1984 session will be
found beginning at page 1701 of volume one. This volume is
bound separately.
Local and special acts and resolutions are grouped in vol-
ume two beginning at 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 1983 are printed in volume two be-
ginning at page 5329. Home Rule Actions by Counties filed in
the office of the Secretary of State during 1983 are printed in
volume two beginning at page 5277.
There are no numbered pages between 1922 and page 3501.
The indexes are printed in each volume and cover materials
in both volumes. The tabular indexes list matter by broad
categories; the general index is a detailed alphabetical index
by subject matter. Where possible to do so, general acts have
been indexed by reference to the titles of the Official Code of
Georgia Annotated which they amend.
ERRATUM
Pg. 423 in caption 4-2-711 should read 40-2171.1
Pg. 4106 word Referendum should be added to caption.
ACTS AND RESOLUTIONS
OF THE
GENERAL
ASSEMBLY
OF THE
STATE OF GEORGIA
1984
Compiled and Published by Authority of the State
Volume I
Received
OCT 3 1984
DOCUMENTS
UGA LIBRARIES







<pu6~
1
GEORGIA LAWS 1984
TABLE OF CONTENTS
VOLUME ONE
Acts by NumbersPage References .................................. iv
Bills and ResolutionsAct Number References....................... xii
Acts and Resolutions of General Application ...................... 1
Vetoes by the Governor, 1979 Session.............................. 1729
Map of Counties and Judicial Circuits............... ............. 1738
Appellate CourtsPersonnel........................................ 1739
Superior CourtsPersonnel and Calendars........................... 1740
IndexTabular..................................................... 1750
IndexGeneral..................................................... 1774
Population of Georgia CountiesAlphabetically .................... 1831
Population of Georgia CountiesNumerically ....................... 1834
Georgia Senatorial Districts, Alphabetically by County ........... 1836
Georgia Senators, Alphabetically by Name .................. ...... 1838
Georgia Senators, Numerically by District......................... 1840
Georgia House Districts, Alphabetically by County................. 1843
Georgia Representatives, Alphabetically by Name................... 1845
Georgia Representatives, Numerically by District ................. 1853
Status of Referendum Elections for the Years 1953-1983............ 1861
TABLE OF CONTENTS
VOLUME TWO
Acts by NumbersPage References .................................. iv
Bills and ResolutionsAct Number References....................... xii
Acts and Resolutions of Local Application......................... 3501
County Home Rule Actions.......................................... 5277
Municipal Home Rule Actions....................................... 5329
Vetoes by the Governor, 1979 Session.............................. 5487
Map of Counties and Judicial Circuits............................. 5496
Appellate CourtsPersonnel........................................ 5497
Superior CourtsPersonnel and Calendars........................... 5498
IndexTabular..................................................... 5508
IndexGeneral................................................... 5532
Population of Georgia CountiesAlphabetically .................... 5589
Population of Georgia CountiesNumerically ....................... 5592
Georgia Senatorial Districts, Alphabetically by County............ 5594
Georgia Senators, Alphabetically by Name ......................... 5596
Georgia Senators, Numerically by District......................... 5598
Georgia House Districts, Alphabetically by County................. 5601
Georgia Representatives, Alphabetically by Name................... 5603
Georgia Representatives, Numerically by District.................. 5611
Status of Referendum Elections for the Years 1953-1980 ........... 5619
iii
Act 1
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
Page
3727
3729
337
3740
3743
3747
3751
3755
3758
3760
339
3763
3766
3770
3772
3777
3779
3785
3788
3790
3793
3795
3801
3805
3807
343
3814
3817
3819
3822
3829
3834
3836
348
3838
3846
3848
3852
3858
3860
3862
3864
3866
3868
3871
3873
3875
ACTS BY NUMBERS, PAGE REFERENCES
Page Act No.
3501 619
3507 620
3513 621
3523 622
3531 623
3534 624
3542 625
1 626
22 627
131 628
3544 629
132 630
133... 631
3547 632
3564 633
3575 634
3580 635
136 636
3583 637
3588 638
3591 639
3601 640
3608 641
3618 642
3624 643
3627 644
3634 645
3638 646
331 647
3641 648
3644 649
3647 650
3649 651
3652 652
3654 653
3658 654
3662 655
3665 656
3668 657
3671 658
3675 659
3680 660
3688 661
3694 662
3704 663
3717 664
3724 665
iv
Act j
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
Act No.
Page
Page
3877 716........................... 4020
3880 717........................... 4022
3882 718........................... 4024
351 719........................... 4026
3884 720 .......................... 4033
3887 721......................... 4035
3892 722........................... 4037
3894 723........................... 4039
3896 724........................... 4041
3899 725........................... 4043
3901 726........................... 4045
3904 727........................... 4047
3907 728 .......................... 4050
3909 729........................... 4052
3911 730 .......................... 4054
3915 731... ....................... 4057
3917 732........................... 4059
3919 733........................... 4061
3923 734........................... 4064
3926 735........................... 4067
3930 736 .......................... 4069
3937 737........................... 4071
3939 738........................... 4073
3942 739........................... 4078
3944 740 .......................... 4080
3946 741........................... 4083
3952 742........................... 4087
3955 743........................... 4090
3957 744........................... 4092
3960 745........................... 4094
3962 746........................... 4098
3965 747........................... 4100
3969 748........................... 4103
3971 749........................... 4106
3978 750........................... 4109
3980 751........................... 4111
3983 752........................... 4113
3988 753........................... 4114
3990 754........................... 4116
3992 755........................... 4118
3994 756........................... 4120
3997 757........................... 4123
4000 758............................ 352
4002 759............................ 357
4005 760........................... 4125
4006 761 .......................... 4128
4009 762........................... 4130
4013 763 .......................... 4135
4015 764........................... 4139
4017 765............................ 359
v
Act i
766
767
768
769
770
771
772
773
774
776
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
Page
415
416
420
422
423
425
427
430
431
433
4254
434
4256
4261
4264
4266
4269
4273
436
438
439
440
441
442
443
444
445
446
448
451
452
454
463
467
469
472
4281
4287
4289
4291
4293
4296
4298
4303
4306
4308
4310
4314
4316
4318
Act No.
Page
365 816
367 817
4141 818
4144 819
4148 820
4150 821
4152 822
4154 823
4157 824
4159 825
4162 826
4164 827
4166 828
4168 829
4171 830
4173 831
4175 832
4177 833
4180 834
4182 835
4184 836
4187 837
4190 838
4192 839
4196 840
4198 841
4199 842
4201 843
4205 844
4207 845
4210 846
4212 847
370 848
373 849
4242 850
374 851
4245 852
375 853
378 854.
381 855.
387 856
388 857
389 858
393 859
4250 860.
394 861.
397 862.
398 863.
404 864.
413 865.
vi
Act No.
Act No.
Page
Page
866.
867.
868.
869.
870.
871.
872.
873.
874.
875.
876.
877.
878.
879.
880.
881.
882.
883.
884.
885.
886.
887.
888.
889.
890.
891.
892.
893.
894.
895.
896.
897.
898.
899.
900.
901.
902.
903.
904.
905.
906.
907.
908.
909.
910.
911.
912.
913.
914.
915.
495 916............................ 599
498 917............................ 602
500 918 603
4321 919............................ 604
501 920............................ 606
502 921............................ 608
503 922........................... 609
504 923............................ 611
505 924............................ 612
507 925............................ 613
511 926............................ 614
513 927........................... 616
514 928............................ 617
516 929........................... 4323
517 930........................... 4326
519 931........................... 4335
520 932 4338
522 933........................... 4340
529 934........................... 4343
535 935........................... 4345
536 936........................... 4349
537 937........................... 4352
542 938 4359
543 939........................... 4362
544 940........................... 4364
546 941 4367
548 942......................... 4369
549 943........................... 4371
552 944........................... 4374
561 945.......................... 4377
562 946........................... 4379
565 947........................... 4381
567 948........................... 4383
568 949............................ 619
571 950.......................... 621
572 951............................ 632
575 952............................ 634
579 953............................ 635
580 954............................ 636
581 955............................ 637
583 956............................ 639
585 957............................ 641
589 958............................ 643
591 959............................ 644
592 960............................ 647
593 961 649
594 962............................ 651
695 963............................ 652
596 964............................ 653
597 965............................ 656
vii
Act j
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
Page
4485
4488
4491
705
4494
4497
4500
4516
4519
4521
4524
4527
4529
4531
4534
4536
4559
4561
4563
4576
4586
4595
4599
4601
4605
4607
4609
4613
4628
4633
4635
4638
4642
4645
4647
4649
4653
4657
4661
4669
4675
711
713
4679
4685
4687
4690
4692
4694
4696
Page Act No.
657 1016
658 1017
660 1018
661 1019
674 1020
675 1021
677 1022
679 1023
680 1024
681 1025
682 1026
685 1027
686 1028
689 1029
690 1030
693 1031
694 1032
696 1033
697 1034
699 1035
702 1036
704 1037
4385 1038
4387 1039
4390 1040
4393 1041
4395 1042
4398 1043
4400 1044
4402 1045
4405 1046
4408 1047
4411 1048
4413 1049
4415 1050
4422 1051
4426 1052
4435 1053
4438 1054
4440 1055
4442 1056
4447 1057
4451 1058
4455 1059
4459 1060
4467 1061
4475 1062
4478 1063
4480 1064
4483 1065
viii
Act.
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106.
1107.
1108.
1109.
1110.
1111.
1112.
1113.
1114.
1115.
Act No.
Page
Page
4698 1116 .......................... 805
4702 1117........................... 807
4705 1118........................... 808
4707 1119........................... 810
4709 1120........................... 812
4711 1121.......................... 816
715 1122............................ 818
717 1123............................ 824
720 1124............................ 826
721 1125............................ 827
723 1126............................ 828
727 1127............................ 831
4727 1128........................... 834
4745 1129........................... 839
4779 1130........................... 841
4793 1131........................... 842
4823 1132 .......................... 844
4829 1133........................... 851
4862 1134 .......................... 852
4873 1135........................... 859
4877 1136 .......................... 860
4882 1137........................... 861
4884 1138 .......................... 874
4887 1139........................... 876
4916 1140 .......................... 890
4920 1141........................... 892
4935 1142........................... 894
4950 1143 .......................... 895
4952 1144 .......................... 896
4955 1145........................... 898
4967 1146 .......................... 900
756 1147............................ 903
758 1148............................ 904
760 1149............................ 907
762 1150............................ 908
764 1151............................ 912
775 1152............................ 913
777 1153............................ 922
778 1154............................ 924
780 1155............................ 926
781 1156............................ 929
783 1157............................ 932
785 1158............................ 935
788 1159............................ 936
790 1160............................ 937
792 1161............................ 940
794 1162............................ 941
797 1163 ........................... 944
801 1164 ........................... 948
802 1165............................ 949
ix
Act No.
Page
Page Act No.
1166 ......................... 952 1216
1167 ......................... 962 1217
1168 ......................... 964 1218
1169 ......................... 966 1219
1170 ......................... 967 1220
1171 ......................... 968 1221
1172 ......................... 970 1222
1173 ......................... 974 1223
1174 ......................... 4998 1224
1175 ......................... 976 1225
1176 ......................... 5004 1226
1177 ......................... 5050 1227
1178 ......................... 5077 1228
1179 ......................... 982 1229
1180 ......................... 5109 1230
1181 ......................... 5114 1231
1182 ......................... 5119 1232
1183 ......................... 5126 1233
1184 ......................... 5130 1234
1185 ......................... 5132 1235
1186 ......................... 5135 1236
1187 ......................... 5137 1237
1188 ......................... 5146 1238
1189 ......................... 5152 1239
1190 ......................... 5177 1240
1191 ......................... 5186 1241
1192 ......................... 5188 1242
1193 ........................ 5191 1243
1194 ......................... 5197 1244
1195 ......................... 5202 1245
1196 ......................... 5205 1246
1197 ......................... 5210 1247
1198 ......................... 5215 1248
1199 ......................... 5231 1249
1200 ......................... 5233 1250
1201 ......................... 983 1251
1202 ......................... 5236 1252
1203 ......................... 5239 1253
1204 ......................... 5253 1254
1205 ......................... 990 1255
1206 ......................... 996 1256
1207 ......................... 998 1257
1208 ......................... 1000 1258
1209 ......................... 1004 1259
1210 ......................... 1005 1260
1211 ......................... 1015 1261
1212 ........................ 1016 1262
1213 ......................... 1017 1263
1214 ......................... 1019 1264
1215 ......................... 1021 1265
1034
1036
1038
1041
1058
1067
1070
1071
1074
1077
1079
1080
1084
1086
1087
1096
1100
1105
1117
1119
1122
1124
1129
1142
1144
1146
1149
1152
1155
1160
1177
1179
1182
1192
1193
1194
1196
1199
1201
1203
1204
1210
1211
1216
1218
1219
1221
1223
1227
1244
x
Act No.
Page
Page Act No.
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1253 1303........................... 1406
1255 1304........................... 1426
1263 1305........................... 1428
1266 1306........................... 1430
1274 1307........................... 1432
1279 1308........................... 1433
1284 1309........................... 1435
1294 1310........................... 1437
1296 1311 .......................... 1439
1309 1312........................... 1465
1314 1313........................... 1466
1317 1314........................... 1467
1319 1315........................... 1477
1321 1316........................... 1487
1323 1317........................... 1489
1324 1318........................... 1490
1325 1319........................... 1495
1329 1320........................... 5268
1333 1321........................... 1502
1335 1322........................... 1644
1337 1323........................... 1647
1338 1324.......................... 1648
1345 1325........................... 1654
1359 1326........................... 1674
1361 1327 ... 1675
1362 1328........................... 1677
1369 1329........................... 1679
1371 1330........................... 1680
1372 1331........................... 1683
1374 1332........................... 1685
5257 1333........................... 1688
1376 1334 .......................... 1691
1377 1335.......................... 1692
1388 1336........................... 1694
1389 1337........................... 1697
1394 1338........................... 5270
1397
RESOLUTIONS BY NUMBER, PAGE REFERENCES
Res. No. Page
35 ........................... 329
36 ........................... 332
37 ........................... 336
38 ........................... 475
39 ........................... 476
40 ........................... 479
41 ........................... 481
Res. No. Page
42 ........................... 483
43 ........................... 484
44 .......................... 4275
45............................. 4277
46 .......................... 4278
47 ........................... 487
48 ........................... 4279
xi
Res. No.
Page
49.
50.
51.
52.
53.
54.
55.
56.
57 .
58.
59.
60.
61
62.
63.
64.
65.
66.
67.
68.
69.
70.
Page Res. No.
489 71............................ 1707
491 72............................ 1709
492 73 4722
494 74............................ 4723
4281 75............................ 4724
4450 76............................. 750
4597 77............................. 753
729 78............................ 4725
732 79............................. 978
735 80............................ 1711
737 81 5048
740 82............................. 980
742 83............................ 1713
744 84............................ 1714
4716 85............................ 1716
4717 86............................ 1277
4718 87............................ 1719
4719 88............................ 1722
4720 89............................ 1313
1703 90............................ 1726
746 91............................ 5266
4721
BILLS AND RESOLUTIONSACT NUMBER
REFERENCES
House Bill Act No. House Bill Act No.
49........................... 1312
94......................Veto No. 24
123.......................... 1316
143 ........................ 1276
144 ....................... 1119
152.......................... 1304
169.......................... 1205
199.....................Veto No. 28
213.......................... 1146
256.......................... 1244
272.......................... 1206
274.......................... 1207
285........................... 621
309.......................... 1308
358.....................Veto No. 19
414.......................... 1147
425........................... 834
431........................... 915
434 .......................... 868
438........................... 870
442............................ 1148
451............................ 1225
457............................ 1305
464....................Veto No. 27
501 ........................... 928
511............................ 1319
518............................ 963
520............................ 1120
531............................ 1255
536............................ 1277
542........................... 1278
554........................... 1182
559........................... 1149
571........................... 1317
594............................ 1226
599 ......................... 782
600 ......................... 1004
618........................... 1208
634 ......................... 1227
635 ......................... 1322
xii
House Bill
Act No.
House Bill
Act No.
644............................ 871
680............................ 629
698........................... 1209
706........................... 1292
790............................ 964
815........................... 1150
817........................... 1265
828........................... 1331
830........................... 1121
839 ........................ 1245
840 ........................ 1210
844 ......................... 575
845 ........................ 1183
847 ......................... 695
848 ......................... 696
849 ......................... 697
850 ........................ 1087
851 ........................ 1088
852 ......................... 572
853 ......................... 573
855 ......................... 698
856 ........................ 1184
857 ........................ 1204
858 ......................... 699
862............................ 576
864........................... 1264
869 ......................... 929
870 ......................... 630
871 ........................ 1122
873............................ 631
877 ......................... 916
878 ........................ 1203
883 ........................ 1261
884 ........................ 1228
886....................Veto No. 26
888........................... 1185
890 ......................... 965
891 ......................... 917
893 ......................... 966
894 ........................ 1260
895 ......................... 577
900 ......................... 765
901 ........................ 1313
903............................ 632
905............................ 872
907 ........................ 1246
908 ........................ 1256
910........................... 1229
912 ......................... 967
913 ......................... 968
835
1151
836
837
1008
700
1152
1077
578
918
838
919
600
579
969
1230
970
1318
971
1153
972
1231
873
1268
973
1154
1123
758
1232
633
701
702
589
703
874
974
1124
1125
1126
1155
1247
875
1156
1157
920
839
1158
975
1279
1233
914
915
918
919
920
921
926
928
929
931
933
934
935
936
937
938
939
940
941
942
943
946
948
949
950
951
952
957
960
961
962
963
965
966
968
969
970
973
974
975
976
977
978
979
980
981
982
983
984
985
xiii
House Bill
Act No.
House Bill
Act No.
987 .......................... 1127 1079
988 .......................... 976 1082
989 .......................... 978 1083
990 .......................... 840 1087
994 .......................... 876 1088
995 .......................... 877 1089
996 .......................... 574 1090
998 .......................... 977 1091
999 .......................... 921 1092
1003............................ 1211 1093
1006............................ 1212 1094
1008 ......................... 1213 1095
1009 ......................... 922 1101
1010 ......................... 1301 1102
1015 ......................... 1074 1103
1016 ........................ 1280 1106
1022 ......................... 1128 1107
1023 ......................... 1293 1109
1024 ......................... 841 1111
1025 ......................... 1129 1112
1026 ......................... 1130 1113
1027 ......................... 923 1114
1029 ..................Veto No. 20 1116
1030 ......................... 742 1117
1031 ......................... 878 1118
1032 ......................... 581 1119
1033 ......................... 979 1120
1034 ......................... 583 1121
1036 ......................... 879 1122
1037 ......................... 1131 1123
1038 ......................... 1248 1124
1040............................ 743 1131
1042............................ 1214 1132
1045 ......................... 1321 1133
1046 ......................... 1257 1135
1047 ......................... 1215 1136
1048 ......................... 1259 1138
1053 ......................... 1249 1139
1054 ......................... 924 1141
1057 ......................... 1216 1144
1058 ......................... 1217 1147
1059 ......................... 1132 1149
1062............................ 842 1150
1064............................ 744 1152
1067 ..................Veto No. 22 1153
1068 ......................... 1282 1155
1070............................ 980 1156
1073............................ 981 1158
1077 ......................... 1218 1159
1078 ......................... 1160 1160
xiv
1017
1234
1302
843
1161
880
1250
881
768
745
746
948
767
1133
844
1134
1162
1235
1135
1159
1006
982
1186
747
983
748
749
1199
882
1163
1003
845
1299
1298
883
750
1164
1272
751
1219
592
1165
1118
1236
846
584
580
1136
1294
1166
House Bill
Act No. House Bill
Act No.
1161............................ 704 1235
1163 .................Veto No. 29 1238
1164 ......................... 884 1242
1165 ......................... 885 1245
1166 ........................ 1310 1246
1167 ......................... 930 1247
1168 ......................... 766 1248
1169 ........................ 1220 1249
1170 ........................ 1251 1250
1171 ........................ 1137 1252
1172 ........................ 1306 1253
1174............................ 847 1254
1176 ......................... 752 1255
1177 ......................... 705 1256
1178 ......................... 753 1257
1179 ......................... 754 1259
1180 ........................ 1009 1260
1181 ........................ 1221 1261
1185 ......................... 925 1263
1186 ........................ 755 1264
1187 ........................ 1167 1265
1189............................ 582 1267
1191 ........................... 886 1268
1193 ......................... 585 1269
1194 ......................... 595 1271
1195 ......................... 887 1272
1196 ......................... 759 1274
1197 ........................ 1309 1275
1198 ........................ 1314 1276
1199 ........................ 1222 1278
1200 ......................... 926 1281
1201 ......................... 984 1282
1203 ......................... 706 1283
1204 ......................... 756 1287
1205 .................Veto No. 18 1288
1206 ........................ 1273 1290
1207 ........................ 1281 1293
1208 ......................... 848 1292
1209 ........................ 1283 1294
1211........................... 1223 1296
1213............................ 888 1298
1215 ........................ 1168 1302
1216 ........................ 1138 1306
1217 ......................... 889 1310
1220........................... 1284 1312
1222 ......................... 707 1313
1223 ........................ 1076 1314
1224 ......................... 708 1317
1230........................... 1337 1318
1232............................ 890 1319
xv
1323
757
1072
587
586
729
688
849
891
588
599
730
731
689
690
733
1295
732
734
1073
1285
1139
946
735
1169
691
1179
604
985
1326
867
736
692
737
693
1237
1263
1238
1140
1300
738
769
739
694
850
1252
927
1286
622
623
House Bill
Act No. House Bill
Act No.
1320 ......................... 740
1321 ......................... 741
1323 ......................... 624
1324 ........................ 1071
1325 ......................... 625
1326 ........................ 1324
1328........................... 1170
1330 ......................... 626
1331 ......................... 627
1332 ......................... 986
1335............................ 628
1337 ........................ 1287
1338 ......................... 866
1339 ........................ 1171
1342 ........................ 1141
1343 ........................ 1172
1344 ........................ 1173
1346........................... 1224
1348 ......................... 613
1349 ......................... 618
1350 ......................... 617
1354........................... 1142
1356........................... 1253
1358........................... 1288
1361............................ 770
1364........................... 1143
1370 ......................... 673
1371 ......................... 674
1372 ......................... 675
1373 ..................Veto No. 17
1374 ......................... 676
1375 ......................... 591
1377............................ 677
1379 ......................... 678
1380 ......................... 679
1381 ......................... 931
1382 ......................... 865
1383 ......................... 932
1386 ......................... 680
1387 ......................... 681
1388 ......................... 597
1389 ......................... 682
1390 ......................... 851
1393 ......................... 611
1394 ........................ 1038
1396 ......................... 683
1397 ......................... 727
1400 ........................ 1078
1401 ......................... 684
1402 ......................... 685
1403 ........................ 1010
1404 ........................ 1190
1405 ......................... 686
1406 ........................ 1089
1407 ......................... 687
1408 ......................... 713
1409 ......................... 771
1410 ......................... 714
1411 ......................... 715
1412 ......................... 716
1413 ......................... 717
1414 ......................... 718
1415 ......................... 719
1416 ......................... 987
1417 ........................ 1039
1418 ........................ 1307
1419 ......................... 720
1420 ......................... 721
1421 ......................... 722
1422 ......................... 723
1423 ......................... 724
1424 ......................... 772
1425 ........................ 1040
1426 ........................ 1005
1427 ......................... 725
1428 ......................... 605
1429 ......................... 603
1432 ........................ 1075
1433 ........................ 1002
1435 ......................... 726
1436 ........................ 1011
1438............................ 728
1440 ........................... 669
1442 .................Veto No. 13
1443 ........................ 1007
1444 ........................ 1018
1445 ......................... 863
1446 ......................... 864
1447 ........................ 1041
1448 ......................... 773
1449 ........................ 1057
1450 ......................... 774
1451 ........................ 1058
1452 ......................... 775
1454 ........................... 776
1456 ........................... 670
1462 ......................... 593
1463 ......................... 671
1464 ......................... 672
1465 ......................... 709
xvi
1471
1472
1473
1475
1479
1480
1481
1482
1483
1484
1485
1486
1487
1488
1489
1490
1491
1492
1493
1494
1495
1496
1497
1498
1499
1500
1501
1502
1503
1504
1505
1506
1507
1508
1509
1511
1512
1514
1515
1516
1517
1518
1519
1520
1521
1522
1523
t No.
1021
1092
1201
1202
1093
1191
1181
1061
1022
783
1023
796
784
785
860
786
1062
1024
1063
1025
1026
1027
1064
1065
1001
1066
1000
764
763
762
761
999
998
787
1079
1094
606
610
1144
1145
1067
997
996
995
1047
1338
788
994
1187
993
Act No.
...... 862
...... 710
...... 777
...... 711
Veto No. 15
...... 1239
...... 1266
...... 778
...... 852
...... 853
...... 947
...... 779
...... 608
...... 854
...... 609
...... 1059
...... 855
...... 856
...... 933
...... 1012
...... 601
...... 1019
...... 1289
...... 1013
...... 1042
...... 857
...... 858
...... 712
...... 934
...... 1043
...... 1044
...... 1045
...... 1060
...... 859
...... 1290
...... 1014
...... 1200
...... 1046
...... 594
...... 1328
...... 1056
...... 1090
...... 1015
...... 1016
...... 1174
...... 1180
...... 780
...... 1020
...... 781
...... 1091
House Bill
1524
1525
1526
1527
1528
1529
1530
1531
1532
1533
1534
1535
1536
1538
1539
1541
1542
1545
1546
1547
1548
1549
1550
1551
1552
1554
1555
1556
1557
1558
1559
1560
1561
1562
1563
1564
1565
1566
1568
1569
1571
1572
1573
1574
1577
1581
1582
1583
1584
1585
xvii
House Bill
Act No.
House Bill
Act No.
1587
1589
1591
1592
1593
1594
1595
1596
1598
1600
1601
1602
1603
1605
1606
1608
1609
1610
1611
1612
1613
1614
1615
1616
1619
1620
1621
1622
1623
1624
1625
1628
1629
1630
1631
1632
1633
1634
1635
1636
1638
1639
1640
1641
1642
1643
1644
1645
1646
1647
1188 1650........................... 1197
1048 1652........................... 1033
992 1653............................ 607
991 1654............................ 940
1192 1655............................ 861
990 1656........................... 1034
989 1657........................... 1084
988 1658........................... 1035
1028 1659........................... 1036
797 1662............................ 941
1193 1664........................... 1037
789 1665........................... 1176
790 1666............................ 942
1320 1670......................... 1085
1095 1672.......................... 943
1068 1673........................... 1178
1080 1674............................ 944
791 1675.............................945
935 1676........................... 1086
1189 1677........................... 1198
1081 1678........................... 1069
1049 1679........................... 1070
936 1680............................ 619
1029 1682........................... 620
937 1683........................... 1054
869 1685........................... 1055
1177 1686........................... 1096
1050
616 House Res. Res. Act
614
1296 1668............................ 598
1051
760
1052 Senate Bill Act No.
615
1053 23............................ 951
1082 28........................... 1097
1194 38............................ 798
792 61 1240
1195 63........................... 1098
1030 93........................... 1303
938 101 892
1031 106 893
1196 108........................... 1099
793 112............................ 799
1083 122............................ 800
794 149........................... 894
1032 167............................ 895
939 174............................ 801
795 175........................... 1335
xviii
Senate Bill
Act No.
Senate Bill
Act No.
186............................ 1315
191............................ 1100
227............................ 802
232.............................896
246.....................Veto No. 21
248............................ 1101
254............................ 1102
259............................ 1103
290............................ 803
297 ......................... 1267
298 ......................... 590
312............................ 897
315............................ 906
319............................ 1104
321 ......................... 1105
322 ......................... 952
323 ......................... 953
325 ........................ 1297
326 ......................... 954
328............................ 955
331 ......................... 804
332 ........................ 1271
333 ......................... 805
338............................ 956
343 ......................... 1106
344 ........................ 1329
346............................ 907
351 ......................... 908
352 ........................ 950
354 ........................ 1274
355 ........................ 1275
358........................... 1107
363 ........................ 1241
364 ........................ 1327
366 ......................... 909
367 ..................Veto No. 23
369 ......................... 806
370 ........................ 1242
371 ......................... 807
372 ........................ 1270
374 ........................ 1108
375 ......................... 808
376 ......................... 809
378........................... 1109
382 ......................... 642
383 ......................... 810
385 ..................Veto No. 16
386 ......................... 656
387 ........................ 1110
388 ......................... 811
389 ........................ 1311
390 ........................ 1332
392 ........................ 1262
393 ......................... 634
395........................... 1325
400 ......................... 657
401 ........................ 1330
403 ......................... 643
404 ......................... 635
405 ......................... 812
408 ........................ 1111
409 ......................... 898
410 ......................... 658
411 ......................... 957
415............................ 899
419 ......................... 813
420 ......................... 814
421 .................Veto No. 14
425 ........................ 1112
426 ........................ 1113
427 ........................ 1291
432 ......................... 815
433 ......................... 816
436............................ 571
440............................ 901
442 ........................... 817
444 ......................... 818
445 ......................... 901
446 ........................ 1175
447 ......................... 910
448 ......................... 911
449 ......................... 958
450 ......................... 959
451 ......................... 819
452 ......................... 903
454 ......................... 960
455 ......................... 912
457............................ 820
459............................ 660
463............................ 904
465............................ 821
469........................... 1334
471 ........................... 644
473 ......................... 961
474 ......................... 636
475 ......................... 637
476 ......................... 596
477 ........................ 1258
480 ......................... 949
481 ......................... 659
xix
482
483
486
487
488
490
492
494
495
497
498
500
502
503
504
505
507
513
515
521
523
524
525
527
530
535
537
538
541
542
544
545
548
549
550
551
552
553
554
555
556
557
558
559
560
561
Act No. House Resolution
Res. Act No.
1114 182............................ 70
1333 185.......................... 71
661 210............................ 45
822 444............................ 72
1254 445............................ 73
638 446 ........................... 74
602 447............................ 75
662 448............................ 82
639 449............................ 46
905 451............................ 54
1243 476............................ 76
663 478............................ 35
646 482............................ 77
645 487............................ 47
1269 489............................ 48
640 504 ........................... 49
664 505 ........................... 85
1336 522.............................37
665 524............................ 50
666 541 ........................... 36
1115 543............................ 78
823 544............................ 51
668 572............................ 56
824 587............................ 57
647 588............................ 58
913 589 80
914 590............................ 59
825 621.......................... 60
826 625............................ 69
648 631............................ 52
827 642............................ 61
962 643............................ 62
me ............................. a)
1117 645............................ 79
049 653............................ 63
650 655 ........................... 64
041 695............................ 91
651 696 55
654 706 ........................... 65
652 710............................ 66
828 713.......................... 67
667 733.......................... 68
829 734............................ 81
830 Ml............................. 53
653
Senate Resolution Res. Act No.
831
612
832 267............................ 88
833 268............................ 87
xx
Senate Resolution
Res. Act No. Senate Resolution
Res. Act No.
274
277
300
301
307
313
90
38
83
39
84
40
315............................ 41
319............................ 86
344 ........................... 42
366............................ 43
383............................ 44
431....................Veto No. 25

































ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1984
Compiled and Published by authority of The State



ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1984
ELECTIONS GEORGIA ELECTION CODE AMENDED.
Code Title 21, Chapters 2 and 3 Amended.
No. 579 (House Bill No. 936).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to restrict the number of offices for which
an individual may be nominated or be a candidate in any one election;
to change the provisions relating to clerks and deputy registrars; to
change the provisions relating to form of registration cards; to provide
for absentee voter registration by persons outside of the United
States; to provide procedures; to change the provisions relating to the
keeping of registration cards and other papers, voter registration
places, and office hours; to change the provisions relating to persons
providing proper identification for the purpose of voter registration;
to change the provisions relating to requirements for voting precincts;
to change the definition of the term absentee elector; to change the
provisions relating to the form of the official primary ballot; to
require political parties to submit questions to their members by
certain times; to change the provisions relating to uniformity of
2
GENERAL ACTS AND RESOLUTIONS, VOL. I
ballots in precincts; to change the procedures relating to unopposed
candidates; to change the provisions relating to applications for
absentee ballots; to provide procedures for absentee electors overseas
to secure ballots for and vote in certain elections; to change the
provisions relating to the call of special elections; to provide for the
call of special primaries; to provide for unopposed candidates in
special primaries; to provide that no special primary election will be
held where there will be no opposed candidates in a precinct in a
special primary; to change the provisions relating to qualifications of
voters in municipal elections; to change the provisions relating to
requirements for voting precincts in municipal elections; to change
the provisions relating to the form of official primary ballots in
municipal elections; to change the procedures relating to unopposed
candidates in municipal elections; to change the provisions relating to
uniformity of ballots within precincts in municipal elections; to
change the definition of the term absentee elector as it applies to
municipal elections; to change the provisions relating to special
primaries or elections with respect to municipalities; to provide for
unopposed candidates in special primaries held in municipalities; to
provide that no special primary election will be held where there will
be no opposed candidates in a precinct in a special or general primary
to be held by the municipality; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended by striking in its entirety Code
Section 21-2-136, relating to restrictions on the number of offices for
which an individual may be nominated or be a candidate in any one
election, and inserting in lieu thereof a new Code Section 21-2-136 to
read as follows:
21-2-136. No person shall be nominated, nor shall any person
be a candidate in a primary or election, for more than one of the
following public offices to be filled at any one election: Governor,
Lieutenant Governor, Secretary of State, Attorney General, State
School Superintendent, Comptroller General, Commissioner of Agri-
culture, Commissioner of Labor, United States senator or representa-
tive in Congress, Public Service Commissioner, Justice of the
Supreme Court, Judge of the Court of Appeals, judge of the probate
court, clerk of the superior court, tax commissioner, tax collector,
sheriff, judge of the superior court, county treasurer, county school
GEORGIA LAWS 1984 SESSION
3
superintendent, tax receiver, and members of the Senate and House
of Representatives of the General Assembly.
Section 2. Said title is further amended by striking in its entirety
subsection (a) of Code Section 21-2-212, relating to appointment of
additional deputy registrars and clerks, which reads as follows:
(a) The registrars may appoint additional deputies and hire
clerical help to aid them in the discharge of their duties if the
compensation required therefor has been first approved by the gov-
erning authority of the county.,
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) (1) The board of registrars in each county shall appoint
deputy registrars to aid them in the discharge of their duties. The
number of deputy registrars appointed to serve shall be deter-
mined by the board of registrars, except that additional registrars
shall be appointed as would reasonably be required to afford
qualified citizens an opportunity to register. Such deputy
registrars shall serve without compensation unless the governing
authority of the county, by resolution, authorizes compensation.
In appointing deputy registrars, the registrars shall select persons
who are reasonably representative of a cross section of signifi-
cantly identifiable groups of the communities or areas where they
are to serve. Such deputy registrars shall be subject to the
provisions of subsection (a) of Code Section 21-2-213.
(2) Registrars may hire clerical help to assist them in their
duties if the compensation required therefor has been first
approved by the governing authority of the county. Such addi-
tional clerks shall be eligible to be appointed as deputy registrars
for the purpose of registering voters in the county, but it shall not
be necessary for such clerks to be electors of the county in which
employed.
Section 3. Said title is further amended by striking in its entirety
subsection (b) of Code Section 21-2-217, relating to form of registra-
tion cards, and inserting in lieu thereof a new subsection (b) to read as
follows:
(b) (1) The registration cards for use by applicants for absen-
tee registration shall be in the same form as the above form of
4
GENERAL ACTS AND RESOLUTIONS, VOL. I
registration card, except that the affidavit and questions pro-
pounded to the applicant portions shall be eliminated and in lieu
thereof the following form of affidavit shall be used:
I do swear (or affirm) that I am a citizen of the United States,
the State of Georgia, and this county; that I am at least 18
years of age, or will be on the__________________ day of
_________, 19__; that my residence for voting purposes is
located at_______________in such county; that my tempo-
rary 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
registration; 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.
I declare that the above is a true statement to the best of
my knowledge and belief, and I understand that if I make any
material false statement in the above statement I shall be
guilty of a misdemeanor and may be punished by a fine of not
more than $1,000.00 or by imprisonment for not more than 12
months.
Date__________, 19___.
(Sign here)___________
(2) (A) An absentee voter who is a member of the armed
forces of the United States or the merchant marine, is a
spouse or dependent of a member of the armed forces or the
merchant marine residing with or accompanying said
member, or is temporarily residing overseas and will be
absent from his county of residence until after the time for
GEORGIA LAWS 1984 SESSION
5
registering for an ensuing primary or election may make
proper application for absentee registration on the official
post card provided for by the Federal Voting Assistance Act
of 1955, as amended.
(B) Applicants for absentee registration who perma-
nently reside overseas shall only be authorized to register to
vote for presidential electors and United States senator or
representative in Congress. The registration cards for use by
applicants for absentee registration who permanently reside
overseas shall be in the same form as the form of the registra-
tion card in subsection (a) of Code Section 21-2-217, except
that the affidavit and questions propounded to the applicant
portions shall be eliminated and in lieu thereof the following
form of affidavit shall be used:
I, the undersigned, do swear (or affirm):
(1) That I am a citizen of the United States;
(2) That I presently reside at
which is outside any of the states of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, and the Virgin Islands;
(3) That my last domicile (permanent resi-
dence) immediately prior to moving outside the
United States was________________,__________ in
___________County in the State of Georgia and I
resided at that address from _________, 19___, to
___________,19 :
(4) That since leaving the State of Georgia I do
not presently maintain, and I have not maintained,
another domicile and I am not presently and have
not since leaving the State of Georgia been regis-
tered to vote in another state or election district of
another state or territory or in any territory or
possession of the United States;
(5) That I have a valid passport or record of
identity and registration issued under the authority
of the Secretary of State of the United States or, in
6
GENERAL ACTS AND RESOLUTIONS, VOL. I
lieu thereof, an alternative form of identification
consistent with the Overseas Voting Rights Act of
1975, as amended, and applicable state or district
requirements in the absence of a valid passport or
card of identity and registration;
(6) That I am at least 18 years of age or will be
on the______day of___________, 19___;
(7) That I have never been convicted in any
court of competent jurisdiction of any felony involv-
ing moral turpitude, punishable by the laws of the
State of Georgia with imprisonment in the peniten-
tiary, or, if so convicted, that I was pardoned on
__________ or my sentence was completed on
__________; and
(8) That the information contained on the
enclosed registration card is true.
(Sign here)_______________________
Signature shall be the
same as name appearing
elsewhere on card
I declare that the above is a true statement to the
best of my knowledge and belief, and I understand that if
I make any material false statement in the above state-
ment I shall be guilty of a misdemeanor and may be
punished by a fine of not more than $1,000.00 or by im-
prisonment for not more than 12 months,
of not more than $1,000.00 or by imprisonment for not
more than 12 months.
Date__________, 19_____.
Signature of voter
(3) A properly executed registration card submitted under
the provisions of subparagraph (b)(2)(A) of this Code section, if
submitted within 90 days of a primary or election in which the
registrant is entitled to vote, shall be considered to be an applica-
GEORGIA LAWS 1984 SESSION
7
tion for an absentee ballot under Code Section 21-2-381, or a
special absentee ballot under Code Section 21-2-381.1, as appro-
priate.
Section 4. Said title is further amended by striking in its entirety
Code Section 21-2-218, relating to location of main office of board of
registrars, and inserting in lieu thereof a new Code Section 21-2-218
to read as follows:
21-2-218. (a) In those counties where the registrars have a
main office separate from the office of the tax collector or tax
commissioner, the registrars shall keep the completed registration
cards and their other papers in such office which shall be in the
courthouse or other public building. If no such office exists, the
registrars shall keep the completed registration cards and their other
papers in the office of the tax collector or the tax commissioner; and
such office shall be deemed the main office of the board of registrars.
(b) For the purpose of taking applications for registration and
for the purpose of registering electors, such number of registrars or
deputy registrars as shall be designated by the chief registrar shall be
stationed at such main office where the completed registration cards
are kept at such times as the office is open during regular office hours.
The board of registrars, in addition to the main office, shall designate
other fixed places throughout the county as would be reasonably
necessary to receive applications for registration and for the registra-
tion of electors. In any county having a population of more than
100,000 according to the United States decennial census of 1960 or
any such future census, the chief registrar in each even-numbered
year shall designate and staff, on a full or part-time basis, additional
voter registration places within the county at least six months prior to
the voter registration deadline for the November election in that year.
These additional offices for registration will have fixed hours of
operation. Voter registration cards shall not be removed from the
additional registration places except to be taken to the main office.
The same degree of supervision and security provided for the main
office to prevent registration irregularities will be provided to these
additional offices. Blank registration cards shall be kept in the places
designated for registration and completed registration cards shall be
kept in the main office of the registrars.
(c) Blank registration cards shall be numbered and shall be
issued only to deputy registrars who shall give the chief registrar a
8
GENERAL ACTS AND RESOLUTIONS, VOL. I
receipt therefor. The chief registrar shall maintain such receipts as he
does other voter registration records. Registration shall be conducted
only at the main office of the board of registrars and at such
additional places as have been designated by the board of registrars
pursuant to this article.
(d) Additional registration places and the hours of operation
shall be advertised in a newspaper of general circulation in the county
one or more times at least seven days prior to the first day for
registration.
(e) The main office of the board of registrars in each county shall
remain open for business during regular office hours on each business
day, except Saturday. The main office, or such other offices, shall be
open at such designated times other than the normal business hours
as shall reasonably be necessary to facilitate registration and at such
other hours as will suit the convenience of the public.
(f) All voter registration places shall be places open to the
general public and frequented by the general public. Such places for
temporary or permanent voter registration may include, but shall not
be limited to, any of the following: churches, governmentally funded
and managed public housing facilities, public social agencies, public
child care centers, public recreation centers, public buildings, and
shopping centers, multifamily apartment complexes, child care cen-
ters and educational facilities, provided that such places are in fact
open to and frequented by the general public.
Section 5. Said title is further amended by striking in its entirety
Code Section 21-2-221, relating to application to registration officer
for voter registration, and inserting in lieu thereof a new Code Section
21-2-221 to read as follows:
21-2-221. Any person desiring to register as an elector shall
apply to a registrar or a deputy registrar and shall furnish such officer
with proper identification and information which will enable him to
fill in all blanks appearing on the registration card. When any person
who seeks to register as an elector is asked to provide proper identifi-
cation by a registrar or a deputy registrar, as required by law, it shall
be sufficient for the applicant to exhibit his valid drivers license,
birth certificate, credit card, food stamp card, social security card,
check-cashing card, passport, school record, work identification
record, utility bill, school identification, or Medicaid, medicare, or
GEORGIA LAWS 1984 SESSION
9
welfare identification. 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 6. Said title is further amended by striking in its entirety
Code Section 21-2-261.1, relating to requirements for voting pre-
cincts, and inserting in lieu thereof a new Code Section 21-2-261.1 to
read as follows:
21-2-261.1. (a) All voting precincts established or altered on
or after July 1,1983, shall consist of areas which are bounded on all
sides only by:
(1) Visible features which are readily distinguishable upon
the ground (such as streets, railroad tracks, streams, lakes, and
ridges) and which are indicated upon official Department of
Transportation maps; or
(2) The boundaries of counties and incorporated municipal-
ities.
(b) No later than January 1, 1984, unless a waiver extending
such deadline to January 1,1986, is granted by the Secretary of State,
the superintendent shall move the boundaries of all precincts so that
they conform to the requirements of subsection (a) of this Code
section and continue to promote the convenience of electors and the
public interests. The superintendent shall within 30 days prior to the
establishment of any new boundaries required to conform with
subsection (a) of this Code section publish a notice of such changes
once a week for two weeks in the county organ and post a conspicuous
notice of such changes in at least five public and conspicuous places in
each affected precinct. At least one such notice shall be posted at or in
the immediate vicinity of the polling place in each affected precinct.
Each notice shall state the date upon which adoption of such changes
is proposed to be made and shall direct interested persons to address
their comments or questions to the superintendent.
(c) The superintendent shall notify the board of registrars
within ten days after such changes are adopted.
10
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Not later than February 1, 1984, unless a waiver extending
such deadline to February 1,1986, has been granted by the Secretary
of State, each superintendent shall file with the Secretary of State a
current copy of a map of all precincts in the county. Thereafter the
superintendent shall file with the Secretary of State:
(1) A map reflecting any changes in precincts within 20 days
after the changes are made;
(2) A copy of any communications to or from the United
States Department of Justice relating to any precincts within 20
days after such communication is sent or received;
(3) A copy of any pleading initiating a court action poten-
tially affecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within
20 days after it is entered; and
(5) Any other documentation necessary to allow the Secre-
tary of State to maintain a current listing of all precincts in the
state.
(e) The Secretary of State shall be authorized to waive and
postpone the effective dates of compliance as provided in subsections
(b) and (d) of this Code section with respect to any superintendent if
compliance by such dates would cause an undue hardship.
Section 7. Said title is further amended by striking in its entirety
subsection (d) of Code Section 21-2-284, relating to the form of
official primary ballots, which subsection reads as follows:
(d) If at any primary a political party shall submit to its
members any matter or question to be voted upon, the party shall
certify the wording of said question to the superintendent, if to be
voted on by one county only, or to the Secretary of State, if to be voted
on by more than one county; and the superintendent or Secretary of
State shall have such language printed on the ballot form. To the left
of each question there shall be placed the words Yes and No
together with appropriate squares to the left of each for the conve-
nient insertion of a cross (X) or check (/) mark.,
GEORGIA LAWS 1984 SESSION
11
and inserting in lieu thereof a new subsection (d) to read as follows:
(d) If at any primary a political party shall submit to its
members any matter or question to be voted upon, the party shall by
the deadline for certifying candidates for the primary election certify
the wording of said question to the superintendent, if to be voted on
by one county only, or to the Secretary of State, if to be voted on by
more than one county; and the superintendent or Secretary of State
shall have such language printed on the ballot form. To the left of
each question there shall be placed the words Yes and No together
with appropriate squares to the left of each for the convenient
insertion of a cross (X) or check (V) mark.
Section 8. Said title is further amended by striking in its entirety
Code Section 21-2-380, relating to the definition of the term absen-
tee elector, and inserting in lieu thereof a new Code Section 21-2-380
to read as follows:
21-2-380. As used in this article, the term absentee elector
means an elector of this state who is required to be absent from his
precinct during the time of the primary or election he desires to vote
in, or who will perform any of the official acts or duties set forth in
this chapter in connection with the primary or election he desires to
vote in, or who, because of physical disability, will be unable to be
present at the polls on the day of such primary or election, or who,
because the election or primary falls upon a religious holiday
observed by such elector, will be unable to be present at the polls on
the day of such primary or election, or who is a fireman required to
remain on duty in his or her place of employment during the entire
time the polls are open when such place of employment is within the
precinct in which the voter resides.
Section 9. Said title is further amended by striking in its entirety
subsection (b) of Code Section 21-2-286, relating to uniformity of
ballots within precincts, and inserting in lieu thereof a new subsection
(b) to read as follows:
(b) Ballots shall be at least six inches long and four inches wide
and shall have a margin extending beyond any printing thereon.
They shall be printed with the same kind of type, which shall not be
smaller than the size known as brevier or eight point body, upon
white paper of uniform quality, without any impression or mark to
distinguish one from another, and with sufficient thickness to prevent
12
GENERAL ACTS AND RESOLUTIONS, VOL. I
the printed matter from showing through, except that ballots being
used in primaries held by more than one party may be of different
colors if the parties so agree. Each ballot shall be attached to a name
stub, and all the ballots for the same precinct shall be bound together
in books of 50 or 100, in such manner that each ballot may be
detached from its stub and removed separately. The ballots for each
party to be used at a primary shall be bound separately. The name
stubs of the ballots shall be consecutively numbered and, in the case
of primary ballots, the number shall be preceded by an initial or
abbreviation designating the party name. The number and initial or
abbreviation which appears upon the stub shall also be printed in the
upper portion of the front of the ballot, separated from the remainder
of the ballot by a horizontal perforated line so as to constitute a
number strip and so prepared that the upper portion of the front of
the ballot containing the number may be detached from the ballot
before it is deposited in the ballot box. The number strip on the ballot
shall also have the following words printed thereon: Tear off before
depositing ballot in ballot box. f.
Section 10. Said title is further amended by striking in its
entirety Code Section 21-2-291, which reads as follows:
21-2-291. Any other provision of law to the contrary notwith-
standing, in the event there is no opposed candidate, no name shall
appear on the special election ballot unless a write-in candidate has
qualified as provided by law. Further, if there are no opposed candi-
dates, no eligible write-in candidates, and no issues to be submitted to
the electorate, no election shall be conducted. Each such unopposed
candidate shall be deemed to have voted for himself. The superinten-
dent shall certify such unopposed candidate as elected in the same
manner as he certifies other candidates as elected pursuant to Code
Section 21-2-493.,
and inserting in lieu thereof a new Code Section 21-2-291 to read as
follows:
21-2-291. Any other provision of law to the contrary notwith-
standing, in the event there is no opposed candidate in a precinct in a
special election, no special election shall be held in such precinct
unless a write-in candidate has qualified as provided by law or unless
there are issues to be submitted to the electorate. Each such unop-
posed candidate shall be deemed to have voted for himself. Where
GEORGIA LAWS 1984 SESSION
13
feasible, the superintendent shall provide notice reasonably calcu-
lated to inform the affected electorate that no special election is to be
conducted. The superintendent shall certify such unopposed candi-
date as elected in the same manner as he certifies other candidates as
elected pursuant to Code Section 21-2-493.
Section 11. Said title is further amended by striking Code
Section 21-2-381, relating to applications for absentee ballots, in its
entirety and inserting in lieu thereof a new Code Section 21-2-381 to
read as follows:
21-2-381. (a) (1) Not more than 90 days prior to the date of
the primary or election, or runoff of either, in which the elector
desires to vote, any absentee elector may make, either by mail or in
person in the registrars office, an application to the board of
registrars of the county of the electors residence, for an official
ballot of the electors precinct to be voted at such primary,
election, or runoff. In the case of an elector residing temporarily
out of the county, the application for the electors absentee ballot
may, upon satisfactory proof of relationship, be made by his
mother, father, aunt, uncle, sister, brother, spouse, son, daughter,
mother-in-law, father-in-law, brother-in-law, or sister-in-law, of
the age of 18 or over. The application shall be in writing and shall
contain sufficient information for proper identification of the
elector; the permanent or temporary address of the elector to
which the absentee ballot shall be mailed; the identity of the
primary, election, or runoff in which the elector wishes to vote; the
reason for requesting the absentee ballot; and the name and
relationship of the person requesting the ballot if other than the
elector. No absentee ballot shall be mailed to an address other
than the permanent or temporary out-of-county address of the
elector. Relatives applying for absentee ballots for electors must
also sign an oath stating that facts in the application are true. If
the elector is unable to fill out or sign his own application because
of illiteracy or physical disability, the elector shall make his mark,
and the person filling in the rest of the application shall sign his
name below it as a witness; provided, however, that one timely and
proper application for an absentee ballot for use in a primary shall
be sufficient to require the sending or delivery, to an eligible
absentee elector who lives outside the county in which the election
is held and is also a member of the armed forces of the United
States, a member of the merchant marine of the United States or a
spouse or dependent of a member of the armed forces or the
14
GENERAL ACTS AND RESOLUTIONS, VOL. I
merchant marine residing with or accompanying said member, an
absentee ballot for such primary as well as for any runoffs result-
ing therefrom and for the election for which such primary shall
nominate candidates. Further, such application for an absentee
ballot to be used in any election shall be sufficient to require the
sending and delivery of an absentee ballot for any runoffs result-
ing from such election. In any event, a separate and distinct
application for an absentee ballot shall be required for the presi-
dential preference primary held pursuant to Article 5 of this
chapter and for any special election or special primary.
(2) A properly executed registration card submitted under
the provisions of subparagraph (b)(2)(A) of Code Section 21-2-
217, if submitted within 90 days of a primary or election in which
the registrant is entitled to vote, shall be considered to be an
application for an absentee ballot under this Code section, or for a
special absentee ballot under Code Section 21-2-381.1, as appro-
priate.
(b) Upon receipt of a timely application, a registrar shall enter
thereon the date received and shall determine if the applicant is
eligible to vote in the primary or election involved. If found eligible,
the registrar shall certify by signing in the proper place on the
application and shall either mail the ballot as provided in this Code
section or deliver the ballot to the elector within the confines of the
registrars office or deliver the ballot in person to the elector if he is
confined to a hospital. If found ineligible, the board of registrars shall
deny the application by writing the reason for rejection in the proper
space on the application and shall promptly notify the applicant in
writing of the ground of his ineligibility, a copy of which notification
should be retained on file in the office of the board of registrars for at
least one year. If the registrar is unable to determine the identity of
the elector from information given on the application, he should
promptly write to request additional information. In the case of an
unregistered applicant who is eligible for absentee registration, the
board shall immediately mail a blank registration card as provided by
Code Section 21-2-230, and such applicant, if otherwise qualified,
shall be deemed eligible to vote by absentee ballot in such primary or
election, if the registration card, properly completed, is returned to
the board on or before the last day for registering to vote in such
primary or election. If the closing date for registration in the primary
or election concerned has not passed, the registrar shall also mail a
ballot to the applicant, as soon as it is prepared and available; and the
GEORGIA LAWS 1984 SESSION
15
ballot shall be cast therein if returned to the board not later than the
close of the polls on the day of the primary or election concerned.
(c) In those counties in which the board of registrars provides
application forms for absentee ballots, the board shall provide such
quantity of the application form to the dean of each college or
university located in that county as said dean determines necessary
for the students of his college or university.
(d) (1) A citizen of the United States permanently residing
outside the United States is entitled to make application for an
absentee ballot from Georgia and to vote by absentee ballot in any
election for presidential electors and United States senator or
representative in Congress:
(A) If he was last domiciled in Georgia immediately
before his departure from the United States; and
(B) If he could have met all qualifications, except any
qualification relating to minimum voting age, to vote in
federal elections even though, while residing outside the
United States, he does not have a place of abode or other
address in Georgia.
(2) An individual is entitled to make application for an
absentee ballot under paragraph (1) of this subsection even if his
intent to return to Georgia may be uncertain, as long as:
(A) He has complied with all applicable Georgia quali-
fications and requirements which are consistent with
42 U.S.C. 1973dd concerning absentee registration for and
voting by absentee ballots;
(B) He does not maintain a domicile, is not registered
to vote, and is not voting in any other state or election district
of a state or territory or in any territory or possession of the
United States; and
(C) He has a valid passport or card of identity and
registration issued under the authority of the Secretary of
State of the United States or, in lieu thereof, an alternative
form of identification consistent with 42 U.S.C. 1973dd and
applicable state requirements, if a citizen does not possess a
valid passport or card of identity and registration.
16
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 12. Said title is further amended by adding between
Code Sections 21-2-381 and 21-2-382 a new Code section, to be
designated Code Section 21-2-381.1, to read as follows:
21-2-381.1. (a) Notwithstanding any other provisions of this
chapter, a qualified absentee elector, as defined in Code Section 21-2-
380, may apply not earlier than 90 days before an election for a special
write-in absentee ballot. This ballot shall be for presidential electors
and United States senator or representative in Congress.
(b) The application for a special write-in absentee ballot may be
made on the federal post card application form or on a form pre-
scribed by the Secretary of State.
(c) In order to qualify for a special write-in absentee ballot, the
voter must state that he or she is unable to vote by regular absentee
ballot or in person due to requirements of military service or due to
living in isolated areas or extremely remote areas of the world. This
statement may be made on the federal post card application or on a
form prepared by the Secretary of State and supplied and returned
with the special write-in absentee ballot.
(d) Upon receipt of said application, the superintendent shall
issue the special write-in absentee ballot which shall be prescribed
and provided by the Secretary of State. Such ballot shall permit the
elector to vote by writing in a party preference for each office, the
names of specific candidates for each office, or the name of the person
whom the voter prefers for each office.
Section 13. Said title is further amended by striking in its
entirety Code Section 21-2-504, relating to special primaries or elec-
tions under certain situations, and inserting in lieu thereof a new
Code Section 21-2-504 to read as follows:
21-2-504. Whenever any primary or election shall fail to fill a
particular nomination or office and such failure cannot be cured by a
run-off primary or election, or whenever any person elected to public
office shall die or withdraw prior to taking office, or whenever any
person elected to public office shall fail to take that office validly, the
authority with whom the candidates for such nomination or office file
notice of candidacy shall call a special primary or election to fill such
position. If a special primary will not be held and unless otherwise
provided by law, the call of a special election shall be made within 45
days after the occurrence of the vacancy.
GEORGIA LAWS 1984 SESSION
17
Section 14. Said title is further amended by striking in its
entirety Code Section 21-2-540, relating to manner of conduct of
special elections generally, and inserting in lieu thereof a new Code
Section 21-2-540 to read as follows:
21-2-540. Every special election shall be held and conducted in
all respects in accordance with the provisions of this chapter relating
to general elections; and the provisions of this chapter relating to
general elections shall apply thereto insofar as practicable and as not
inconsistent with any other provisions of this chapter. All special
elections held at the time of a general election, as provided by Code
Section 21-2-541, shall be conducted by the poll officers by the use of
the same equipment and facilities, so far as practicable, as are used
for such general election. At least 29 days shall intervene between the
call of a special primary and the holding of same, and at least 29 days
shall intervene between the call of a special election and the holding
of same. Candidates in special elections shall not be listed on the
ballot according to party affiliation unless a candidate has been
nominated in a special primary, in which event such a candidate shall
have his name placed in a column under the name of his party.
Section 15. Said title is further amended by adding at the end of
Article 14 of Chapter 2 a new Code section, to be designated Code
Section 21-2-545, to read as follows:
21-2-545. Any other provision of law to the contrary notwith-
standing, in the event there is no opposed candidate in a precinct in a
special primary, no special primary shall be held in such precinct.
The proper officials of the unopposed candidates political party shall
certify him as the party nominee for the office involved for the
purpose of having his name placed upon the special election ballots or
ballot labels. Where feasible, the superintendent shall provide notice
reasonably calculated to inform the affected electorate that no special
primary election is to be conducted. Each such unopposed candidate
shall be deemed to have voted for himself. The superintendent shall
certify any such unopposed candidate as nominated in the same
manner as he certifies other candidates nominated pursuant to Code
Section 21-2-493.
Section 16. Said title is further amended by striking in its
entirety subsection (e) of Code Section 21-3-125, relating to qualifica-
tions of voters in municipal elections, and inserting in lieu thereof a
new subsection (e) to read as follows:
18
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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. When any person who seeks to
register as an elector is asked to provide proper identification by a
registrar or a deputy registrar, as required by law, it shall be sufficient
for the applicant to exhibit his valid drivers license, birth certificate,
credit card, food stamp card, social security card, check-cashing card,
passport, school record, work identification record, utility bill, school
identification, or Medicaid, medicare, or welfare identification. 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 17. Said title is further amended by striking in its
entirety Code Section 21-3-161.1, relating to requirements for voting
precincts in municipal elections, and inserting in lieu thereof a new
Code Section 21-3-161.1 to read as follows:
21-3-161.1. (a) All voting precincts established or altered on
or after July 1,1983, shall consist of areas which are bounded on all
sides only by:
(1) Visible features which are readily distinguishable upon
the ground (such as streets, railroad tracks, streams, lakes, and
ridges) and which are indicated upon official Department of
Transportation maps; or
(2) The boundaries of counties and incorporated municipal-
ities.
(b) No later than January 1, 1984, unless a waiver extending
such deadline to January 1,1986, is granted by the Secretary of State,
the governing authority shall move the boundaries of all precincts so
that they conform to the requirements of subsection (a) of this Code
section and continue to promote the convenience of electors and the
public interests. The governing authority shall within 30 days prior to
the establishment of any new boundaries required to conform with
subsection (a) of this Code section publish a notice of such changes
GEORGIA LAWS 1984 SESSION
19
once a week for two weeks in the county organ and post a conspicuous
notice of such changes in at least five public and conspicuous places in
each affected precinct. At least one such notice shall be posted at or in
the immediate vicinity of the polling place in each affected precinct.
Each notice shall state the date upon which adoption of such changes
is proposed to be made and shall direct interested persons to address
their comments or questions to the superintendent.
(c) The governing authority shall notify the board of registrars
within ten days after such changes are adopted.
(d) Not later than February 1, 1984, unless a waiver extending
such deadline to February 1,1986, has been granted by the Secretary
of State, each governing authority shall file with the Secretary of
State a current copy of a map of all precincts in the municipality.
Thereafter the governing authority shall file with the Secretary of
State:
(1) A map reflecting any changes in precincts within 20 days
after the changes are made;
(2) A copy of any communications to or from the United
States Department of Justice relating to any precincts within 20
days after such communication is sent or received;
(3) A copy of any pleading initiating a court action poten-
tially affecting any precincts within 30 days after it is filed;
(4) A copy of any court order affecting any precincts within
20 days after it is entered; and
(5) Any other documentation necessary to allow the Secre-
tary of State to maintain a current listing of all precincts in the
state.
(e) The Secretary of State shall be authorized to waive and
postpone the effective dates of compliance as provided in subsections
(b) and (d) of this Code section with respect to any governing
authority if compliance by such dates would cause an undue hard-
ship.
Section 18. Said title is further amended by striking in its
entirety subsection (g) of Code Section 21-3-187, relating to form of
official election ballot in municipal elections, which reads as follows:
20
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) Any other provision of law to the contrary notwithstanding,
in the event there is no opposed candidate, then no name shall appear
on the general election or special election ballot unless a write-in
candidate has qualified as provided by law. Further, if there are no
opposed candidates, no eligible write-in candidates and no issues to
be submitted to the electorate within a precinct, no election shall be
conducted in that precinct.,
and inserting in lieu thereof a new subsection (g) to read as follows:
(g) Any other provision of law to the contrary notwithstanding,
in the event there is no opposed candidate in a precinct in a general or
special election, no election shall be held in such precinct unless a
write-in candidate has qualified as provided by law or unless there are
issues to be submitted to the electorate within a precinct.
Section 19. Said title is further amended by striking in its
entirety subsection (a) of Code Section 21-3-188, relating to unifor-
mity of ballots within precincts in municipal elections, and inserting
in lieu thereof a new subsection (a) to read as follows:
(a) Ballots shall be at least six inches long and four inches wide
and shall have a margin extending beyond any printing thereon.
They shall be printed with the same kind of type, which shall not be
smaller than the size known as brevier or eight point body, upon
white paper of uniform quality, without any impression or mark to
distinguish one from another, and with sufficient thickness to prevent
the printed matter from showing through, except that ballots being
used in primaries held by more than one party may be of different
colors if the parties so agree. Each ballot shall be attached to a name
stub, and all the ballots for the same precinct shall be bound together
in books of 50 or 100, in such manner that each ballot may be
detached from its stub and removed separately. The ballots for each
party to be used at a primary shall be bound separately. The name
stubs of the ballots shall be consecutively numbered; and, in the case
of primary ballots, the number shall be preceded by an initial or
abbreviation designating the party name. The number and initial or
abbreviation which appears upon the stub shall also be printed in the
upper portion of the front of the ballot, separated from the remainder
of the ballot by a horizontal, perforated line so as to constitute a
number strip, and so prepared that the upper portion of the front of
the ballot containing the number may be detached from the ballot
before it is deposited in the ballot box. The number strip on the ballot
GEORGIA LAWS 1984 SESSION
21
shall also have the following words printed thereon: Tear off before
depositing ballot in ballot box.
Section 20. Said title is further amended by striking in its
entirety Code Section 21-3-280, relating to the definition of the term
absentee elector in municipal elections, and inserting in lieu thereof
a new Code Section 21-3-280 to read as follows:
21-3-280. The term absentee elector, as used in this article,
means an elector of the municipality who is required to be absent
from said municipality during the time of the primary or election in
which he desires to vote, or who will perform any of the official acts or
duties set forth in this chapter in connection with the primary or
election in which he desires to vote, or who, because of physical
disability, will be unable to be present at the polls on the day of such
primary or election, or who, because the election or primary falls upon
a religious holiday observed by such elector, will be unable to be
present at the polls on the day of such primary or election, or who is a
fireman required to remain on duty in his or her place of employment
during the entire time the polls are open when such place of employ-
ment is within the precinct in which the voter resides.
Section 21. Said title is further amended by striking in its
entirety Code Section 21-3-408, relating to special primaries or elec-
tions under certain situations in municipalities, and inserting in lieu
thereof a new Code Section 21-3-408 to read as follows:
21-3-408. (a) Whenever any primary or election shall fail to
fill a particular nomination or office and such failure cannot be cured
by a run-off primary or election, or whenever any person elected to
public office shall die or withdraw prior to taking office, or whenever
any person elected to public office shall fail validly to take that office,
the authority with whom the candidates for such nomination or office
file notice of candidacy shall thereupon call a special primary or
election to fill such position.
(b) Whenever any person elected to public office shall, after
taking office, die, withdraw, or for any other reason create a vacancy
in his office and the municipal charter fails to provide a method for
the filling of such vacancy, the governing authority shall thereupon
call a special election to fill such vacancy.
22
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 22. Said title is further amended by adding at the end of
Article 12 of Chapter 3 a new Code section, to be designated Code
Section 21-3-410, to read as follows:
21-3-410. Any other provision of law to the contrary notwith-
standing, in the event there is no opposed candidate in a precinct in a
special or general primary, no special or general primary shall be held
in such precinct. The proper officials of the unopposed candidates
political party shall certify him as the party nominee for the office
involved for the purpose of having his name placed upon the special
or general election ballots or ballot labels. Where feasible, the super-
intendent shall provide notice reasonably calculated to inform the
affected electorate that no special or general primary election is to be
conducted. Each such unopposed candidate shall be deemed to have
voted for himself. The superintendent shall certify any such unop-
posed candidate as nominated in the same manner as he certifies
other candidates nominated pursuant>to Code Section 21-3-403.
Section 23. This Act shall become effective upon its approval
by the Governor or upon its becoming law without his approval.
Section 24. All laws and parts of laws in conflict with this Act
are repealed.
Approved February 1,1984.
OFFICIAL CODE OF GEORGIA ANNOTATED
AMENDED.
No. 580 (House Bill No. 1156).
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
GEORGIA LAWS 1984 SESSION
23
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 provide for and to correct citations in the Official Code
of Georgia Annotated and other codes and laws of the state; to
provide an effective date; to provide for other matters relating to the
Official Code of Georgia Annotated; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 1 of the Official Code of Georgia Annotated,
relating to general provisions, is amended as follows:
(1) By deleting the comma following the word function in
Code Section 1-2-7, relating to rights of female citizens generally.
(2) By striking the word Fourth and inserting in lieu thereof
the word fourth in paragraph (11) of subsection (a) of Code Section
1-4-1, relating to public and legal holidays.
Section 2. Title 2 of the Official Code of Georgia Annotated,
relating to agriculture, is amended as follows:
(1) By deleting the comma following each violation and by
striking order resides, or if and inserting in lieu thereof order
resides, or, if in subsection (d) of Code Section 2-1-4, relating to anti-
syphon devices for irrigation systems.
Section 3. Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, is amended as follows:
(1) By deleting the comma following in the manner in the
second paragraph of paragraph (1) of Code Section 3-2-3, relating to
denial, suspension, or cancellation of licenses by the state revenue
commissioner.
(2) By deleting the commas appearing before and after accord-
ing to the United States decennial census of 1970 or any future such
census in subsections (b), (c), (g), and (h) and by deleting the comma
following according to the United States decennial census of 1980 or
any future such census in subsections (d) and (i) of Code Section 3-3-
24
GENERAL ACTS AND RESOLUTIONS, VOL. I
7, relating to local authorization of alcoholic beverage sales on
Sunday.
(3) By striking wholesaler prices and inserting in lieu thereof
wholesale prices in paragraph (4) of subsection (b) of Code Section
3- 4-90, relating to authorization by counties or municipalities of
issuance of licenses for sale of distilled spirits by the drink.
(4) By deleting unless the context clearly requires otherwise,
from Code Section 3-5-29, relating to definition of agreement in
brewer-wholesaler relations.
(5) By deleting the commas appearing before and after accord-
ing to the United States decennial census of 1980 or any future such
census in subsection (b) of Code Section 3-7-43, relating to the
issuance of alcoholic beverages licensed to private clubs.
Section 4. Title 4 of the Official Code of Georgia Annotated,
relating to animals, is amended as follows:
(1) By striking the Georgia Meat Inspection Act (Article 3 of
Chapter 2 of Title 26), and inserting in lieu thereof Article 3 of
Chapter 2 of Title 26, the Georgia Meat Inspection
Act, in Code Section 4-1-3, relating to the duties of the state
veterinarian.
(2) By striking the hyphen following national in Code Section
4- 6-21, relating to the maintenance of custodial accounts by livestock
sellers.
(3) By striking 130 and inserting in lieu thereof One hundred
thirty in subparagraph (a)(1)(B) of Code Section 4-6-43, relating to
surety bonds for livestock auctions.
(4) By striking paragraph (a) and inserting in lieu thereof
subsection (a) in subsection (b) and by striking paragraphs (b)
and (c) and inserting in lieu thereof subsections (b) and (c) in
subsection (d) of Code Section 4-10-9, relating to enforcement proce-
dures relative to bird dealers.
Section 5. Title 5 of the Official Code of Georgia Annotated,
relating to appeal and error, is amended as follows:
GEORGIA LAWS 1984 SESSION
25
(1) By deleting the parentheses around the words Plaintiff
and Civil Action and by adding a period at the end of paragraph (6)
of subsection (b) and by deleting the parentheses around the words
The State, Indictment, and Accusation in subsection (d) of
Code Section 5-5-42, relating to the form for motion for new trial.
(2) By inserting State before Board in paragraph (1) of
subsection (a) of Code Section 5-6-35, relating to cases in which an
application for appeal is required.
(3) By striking This Court and inserting in lieu thereof This
court in paragraph (1) and by striking Notice of Appeal and
inserting in lieu thereof Notice of appeal in paragraph (3) of Code
Section 5-6-51, relating to forms for use in appellate practice.
(4) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraphs (1) and (2) and by striking the period
and inserting in lieu thereof ; or at the end of paragraph (3) of Code
Section 5-7-1, relating to orders appealable by the state in criminal
cases.
Section 6. Reserved.
Section 7. Title 7 of the Official Code of Georgia Annotated,
relating to banking and finance, is amended as follows:
(1) By striking justices and inserting in lieu thereof Justices
in subsection (a) of Code Section 7-1-36, relating to oath and bond of
commissioner of banking and finance.
(2) By striking , as the same exists or may hereafter be
amended in Code Section 7-1-235, relating to the applicability of
certain laws to bank holding companies.
(3) By striking statutes and inserting in lieu thereof status
in paragraph (2) of Code Section 7-1-281, relating to participation by
banks in federal deposit insurance programs.
(4) By striking subparagraph (2)(F) and inserting in lieu
thereof subparagraph (F) of paragraph (2) and by striking sub-
paragraphs (2)(D) through (G) and inserting in lieu thereof sub-
paragraphs (D) through (G) of paragraph (2) in the undesignated
language following subparagraph (G) of paragraph (2) of subsection
26
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) of Code Section 7-1-288, relating to bank transactions in corporate
stocks and securities.
(5) By striking who are and inserting in lieu thereof who is
in paragraph (2) of subsection (a) and by striking Code section 11-3-
603 and inserting in lieu thereof Code Section 11-3-603 in subsec-
tion (c) of Code Section 7-1-353, relating to adverse claims to deposits
and property held in safe deposit.
(6) By striking the semicolon at the end of paragraph (1) of
subsection (a), by striking ; and at the end of paragraph (2) of
subsection (a), by striking the semicolon at the end of paragraph (1)
of subsection (b), and by striking ; and at the end of paragraph (2)
of subsection (b) and inserting in lieu thereof a period at the end of
each such paragraph in Code Section 7-1-680, relating to definitions
relative to sale of checks or money orders.
(7) By striking paragraph (1) of subsection (a) of this Code
section and inserting in lieu thereof paragraph (1) of this subsec-
tion in paragraph (3) of subsection (a) and by striking semiannual
or yearly and inserting in lieu thereof semiannual, or yearly in
paragraph (1) of subsection (b) of Code Section 7-4-2, relating to the
legal rate of interest and maximum rate of interest.
(8) By striking billhead or and inserting in lieu thereof bill-
head, or and by inserting a comma following 1602 in subsection (a)
of Code Section 7-4-4, relating to advertisement of rates of interest or
finance charge.
(9) By striking Act and inserting in lieu thereof Code sec-
tion in the second paragraph of Code Section 7-4-21, relating to class
action barred on claims for violation of interest laws on loans secured
by real estate.
Section 8. Title 8 of the Official Code of Georgia Annotated,
relating to buildings and housing, is amended as follows:
(1) By striking established by commissioner and inserting in
lieu thereof established by the commissioner in paragraph (2) of
subsection (a) of Code Section 8-2-112, relating to inspections and
approval of industrialized buildings.
GEORGIA LAWS 1984 SESSION
27
(2) By adding the word an preceding $8.00 in subsection (f)
of Code Section 8-2-135, relating to licenses for manufacturers who
build, sell, or offer for sale manufactured homes in the state.
(3) By striking for the purposes of sale and inserting in lieu
thereof for the purpose of sale in Code Section 8-2-140, relating to
power of authorized representative of Commissioner to stop and
inspect manufactured homes in transit.
(4) By inserting and at the end of paragraph (11) of subsection
(a) of Code Section 8-3-171, relating to legislative findings and
declaration of necessity relative to the Georgia Residential Finance
Authority.
(5) By striking for the purpose of and inserting in lieu thereof
for the purchase of in subparagraph (A) of paragraph (6) and by
inserting a comma following assessments in subparagraph (E) of
paragraph (6) and by striking low- and inserting in lieu thereof
low-income in paragraph (9) of Code Section 8-3-172, relating to
definitions relative to the Georgia Residential Finance Authority.
(6) By striking its and inserting in lieu thereof it in para-
graph (17), by striking the periods and inserting in lieu thereof
semicolons at the end of paragraphs (25) and (27), and by striking
Code Section 8-3-176 and inserting in lieu thereof this Code
section at the end of paragraph (30) of subsection (a) of Code Section
8-3-176, relating to powers of the Georgia Residential Finance
Authority.
(7) By striking second lien on the case and inserting in lieu
thereof second lien in the case in paragraph (5) of subsection (f) of
Code Section 8-3-179, relating to the purchase of mortgages by the
Georgia Residential Finance Authority.
(8) By striking Georgia Financial Institution and inserting in
lieu thereof Georgia financial institution in paragraph (4) of Code
Section 8-3-190.1, relating to definitions relative to the secondary
mortgage market program.
(9) By striking socio-economic and inserting in lieu thereof
socioeconomic in Code Section 8-3-198, relating to property and
income of the Georgia Residential Finance Authority exempt from
taxation and assessment.
28
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. Title 9 of the Official Code of Georgia Annotated,
relating to civil practice, is amended as follows:
(1) By striking justices and inserting in lieu thereof Justices
in Code Section 9-10-1, relating to giving the state preference in
hearings of civil cases.
(2) By striking injured and damages and inserting in lieu
thereof injured and damaged in the second paragraph of the form
contained in Code Section 9-10-204, relating to the form of an action
for words.
(3) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraph (3) of subsection (d) of Code Section 9-
11-4, relating to process in civil cases.
(4) By striking severence and inserting in lieu thereof sever-
ance in subsection (a) of Code Section 9-11-14, relating to third-
party practice.
(5) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraphs (1) and (2) of subsection (b), by
striking the period and inserting in lieu thereof ; and at the end of
paragraph (3) of subsection (b), by striking subsection (b) of this
Code section and inserting in lieu thereof of this subsection in
paragraph (4) of subsection (b), by striking the period and inserting in
lieu thereof a semicolon at the end of division (b)(4)(A)(ii), and by
striking the period and inserting in lieu thereof and at the end of
subparagraph (b)(4)(B) of Code Section 9-11-26, relating to discovery
provisions.
(6) By striking paragraph 3 and inserting in lieu thereof
paragraph (3) in subsection (b) of Code Section 9-11-32, relating to
the use of depositions in court proceedings.
(7) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraphs (1) and (2) of subsection (a), by
striking the period and inserting in lieu thereof ; and at the end of
paragraph (3) of subsection (a), and by striking subparagraphs
(b)(2)(A) through (C) of this (b)(2) Code section and inserting in lieu
thereof subparagraphs (b)(2)(A) through (b)(2)(C) of this Code
section in paragraph (1) of subsection (d) of Code Section 9-11-37,
relating to failure to make discovery and remedies therefor.
GEORGIA LAWS 1984 SESSION
29
(8) By inserting a comma after provided in subsection (h) of
Code Section 9-11-60, relating to relief from judgments.
(9) By striking from the form contained in Code Section 9-11-
111, relating to the form of complaint in an action for conversion, the
following:
C.D. and E.F.,
Defendants,
and inserting in lieu thereof the following:
C.D.,
Defendant.
(10) By striking plaintiff demand and inserting in lieu thereof
plaintiff demands in the second paragraph of Item 6. of the form
contained in Code Section 9-11-118, relating to the form of complaint
for interpleader and declaratory relief.
(11) By striking intervener and interveners and inserting in
lieu thereof intervenor and intervenors wherever they appear in
the form contained in Code Section 9-11-123, relating to the form of
motion for intervention as a defendant.
(12) By deleting arrested or in Code Section 9-12-15, relating
to judgments aided by verdict or amendment.
(13) By striking to levy return and inserting in lieu thereof to
levy and return in paragraph (2) of subsection (a), by striking
subsection (a) of this Code section and inserting in lieu thereof
this subsection in paragraph (3) of subsection (a), and by inserting
of this Code section following paragraph (2) or (3) of subsection
(a) in subsection (b) of Code Section 9-12-60, relating to the time of
dormancy of judgments.
(14) By striking defendent and inserting in lieu thereof
defendant in Code Section 9-12-67, relating to the revival of a
judgment against a nonresident.
(15) By striking conviction and sentence has and inserting in
lieu thereof conviction and sentence have in subsection (b) of Code
Section 9-14-42, relating to grounds for a writ of habeas corpus.
30
GENERAL ACTS AND RESOLUTIONS, VOL. I
(16) By striking if the cost and inserting in lieu thereof if the
costs in subsection (b) of Code Section 9-15-2, relating to affidavits
of indigence.
Section 10. Title 10 of the Official Code of Georgia Annotated,
relating to commerce and trade, is amended as follows:
(1) By striking businesses and inserting in lieu thereof busi-
ness in Code Section 10-1-310, relating to scalping tickets for certain
athletic contests.
(2) By deleting of the Official Code of Georgia Annotated
from paragraph (1.1) of subsection (a) and by striking electronic
date storage and inserting in lieu thereof electronic data storage in
paragraph (4) of subsection (a) of Code Section 10-1-392, relating to
definitions relative to the Fair Business Practices Act of 1975.
(3) By adding a comma after the word that in subparagraph
(b)(12)(G) and by striking bold-faced and inserting in lieu thereof
boldface in subparagraph (b)(13)(B) of Code Section 10-1-393,
relating to unfair or deceptive practices in consumer transactions.
(4) By striking subsection (c) above and inserting in lieu
thereof subsection (c) of this Code section in subsection (d) of Code
Section 10-1-395, relating to appointment and duties of the adminis-
trator of the Fair Business Practices Act of 1975 and relations with
other regulatory agencies.
(5) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraph (1) of Code Section 10-1-593, relating
to conditions of licensure and bonds of buying services or clubs.
(6) By striking bold face type and inserting in lieu thereof
boldface type in the last sentence of Code Section 10-1-599, relating
to notice of duration of contracts for membership in buying services
or clubs.
(7) By striking regulations or orders promulgated thereunder
and inserting in lieu thereof regulations, or orders promulgated
under this article in subsection (a) of Code Section 10-1-604, relating
to the civil penalty for violation of the Buying Services Act of 1975.
GEORGIA LAWS 1984 SESSION
31
(8) By striking any part of the and inserting in lieu thereof
any part of Part 1 of this article, the in subsection (b) of Code
Section 10-1-631, relating to practices of motor vehicle franchisors
which are violative of existing law.
(9) By adding a comma after repairs in the last sentence of
paragraph (2) of subsection (a) and by deleting or preceding
unsubstantiated in subsection (c) of Code Section 10-1-641, relat-
ing to dealers predelivery preparation, warranty service, and recall
work obligations under the Motor Vehicle Warranty Practices Act.
(10) By striking under this section and inserting in lieu
thereof under this Code section in subsection (h) of Code Section
10-1-651, relating to termination, cancellation, and nonrenewal of
motor vehicle franchises.
(11) By striking dealer; and inserting in lieu thereof dealer,
in paragraph (1) of subsection (a) and by striking as provided in the
and inserting in lieu thereof as provided in Part 3 of this article, the
in paragraph (6) of subsection (a) of Code Section 10-1-661, relating
to prohibited activities of franchisors under the Motor Vehicle Fair
Practices Act.
(12) By striking site-control and inserting in lieu thereof site
control in paragraph (4) of subsection (b) of Code Section 10-1-663,
relating to coercing motor vehicle dealers.
(13) By striking agree and inserting in lieu thereof agrees in
the first sentence of subsection (b) of Code Section 10-4-10, relating
to the annual license required for operation of a state licensed and
bonded warehouse.
(14) By striking designed agent and inserting in lieu thereof
designated agent in the fourth sentence of the second undesignated
paragraph of the ninth paragraph of the form contained in Code
Section 10-4-213, relating to enforcement of liens without judicial
intervention and forms for rental agreements for rental of self-service
storage facilities.
(15) By striking majority-owned and inserting in lieu thereof
majority owned the four times it appears in paragraph (14) of Code
Section 10-5-9, relating to transactions which are exempt from provi-
sions of the Georgia Securities Act of 1973.
32
GENERAL ACTS AND RESOLUTIONS, VOL. I
(16) By adding a comma between the words arbitration and
or in paragraph (1) of Code Section 10-9-4, relating to powers of the
Geo. L. Smith II Georgia World Congress Center Authority.
(17) By striking the word State and inserting in lieu thereof
state in subsection (b) of Code Section 10-9-8, relating to meetings
of the Board of Governors of the Geo. L. Smith II Georgia World
Congress Center Authority.
Section 11. Reserved.
Section 12. Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, is amended as follows:
(1) By striking subsection (c) of Code Section 12-2-4, relating to
powers and duties of the Department of Natural Resources generally,
which reads as follows:
(c) The department shall have charge of the work of mines,
mining, and geology.,
in its entirety.
(2) By striking Commissioner of Natural Resources and
inserting in lieu thereof commissioner of natural resources in
subsection (c) of Code Section 12-2-24, relating to the powers and
duties of the Board of Natural Resources.
(3) By redesignating paragraph (22) of Code Section 12-3-235,
relating to general powers of the Jekyll IslandState Park Authority,
as enacted by an Act approved March 29,1983 (Ga. L. 1983, p. 1213),
as paragraph (22.1), to read as follows:
(22.1) 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;.
(4) By striking protest and inserting in lieu thereof protect
in the first sentence of subsection (k) of Code Section 12-3-298,
relating to issuance of revenue bonds by the North Georgia Moun-
tains Authority for the purpose of paying for the cost of projects.
GEORGIA LAWS 1984 SESSION
33
(5) By striking any holder or revenue bonds and inserting in
lieu thereof any holder of revenue bonds in the first sentence of
Code Section 12-3-375, relating to remedies of bondholders, coupon
holders, and trustees of the Kinchafoonee Lake Authority.
(6) By deleting said both times such word appears in Code
Section 12-3-447, relating to property of the Sapelo Island Heritage
Authority not being subject to adverse possession or prescription.
(7) By deleting , as now existing or as hereafter amended, from
Code Section 12-3-450, relating to the Attorney General providing
legal services to the Sapelo Island Heritage Authority.
(8) By striking Code Section 12-4-1, relating to powers and
duties of the Department of Natural Resources as to mineral
resources, geological resources, and mining, in its entirety and insert-
ing in lieu thereof a new Code Section 12-4-1 to read as follows:
12-4-1. (a) The Environmental Protection Division of the
Department of Natural Resources shall:
(1) Conduct studies in the field for the purposes expressed
in this subsection;
(2) Map and prepare reports of the geological and mineral
resources of the state;
(3) Prepare, or cooperate in preparing, topography maps for
use as base maps in the geological field study and in mining
development, and for use in planning power developments, agri-
culture and reclamation work, and highways;
(4) Make hydrographic surveys which are deemed by the
division to be advantageous to the mining and milling of mineral
deposits, to the utilization of waterpower, or to reclamation, or
which are deemed to constitute proper cooperative investigations
with other departments of the state or federal governments in aid
of laboratory research relating to mining and to metallurgical
problems of the states mining and mineral industry; and
(5) Publish bulletins embodying reports provided by the
division.
34
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) It shall be the duty of the division to conduct cooperative
work relating to mines, mining, and geology with the departments and
bureaus of the United States government, provided that the federal
expenditure for such work shall at least equal that of the state.
(c) The director of the Environmental Protection Division of the
Department of Natural Resources may appoint technical assistants
who shall be in the classified service under the State Merit System of
Personnel Administration.
(d) The functions, duties, and powers of the former Department
of Mines, Mining, and Geology are transferred to and vested in the
Environmental Protection Division of the Department of Natural
Resources.
(e) The Environmental Protection Division of the Department
of Natural Resources shall have charge of the work of mines, mining,
and geology.
(9) By striking criteria has and inserting in lieu thereof crite-
ria have in subsection (i), by striking to adequately protect and
inserting in lieu thereof to protect adequately in subsection (1), and
by striking the period and inserting in lieu thereof a semicolon at the
end of paragraph (2) of subsection (1) in Code Section 12-5-31,
relating to permits for withdrawal, diversion, etc., of surface waters of
the state.
(10) By striking county and inserting in lieu thereof country
in paragraph (8) of Code Section 12-5-92, relating to definitions
relative to the Ground Water Use Act of 1972.
(11) By striking subsection (a) of Code Section 12-5-376.1, relat-
ing to subclassification of category I dams by the director of the
Environmental Protection Division of the Department of Natural
Resources, and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) For the purposes of this Code section:
(1) Acre-feet means the measurement of the impounding
capacity of a dam as described in paragraph (4) of Code Section
12-5-372.
GEORGIA LAWS 1984 SESSION
35
(2) Height means the height of a dam determined in the
manner described in paragraph (4) of Code Section 12-5-372.
(3) PMP means probable maximum precipitation as deter-
mined by the United States Weather Service to be the greatest
amount of rainfall of a six-hour duration which would be expected
for a given location.
(12) By striking paragraph (2) of subsection (a) of Code Section
12-5-453, relating to minimum requirements of local regulation of
land in drainage basins, and inserting in lieu thereof a new paragraph
(2) to read as follows:
(2) Soil erosion and sediment control regulations consistent
with Chapter 7 of Title 12, the Erosion and Sedimentation Act of
1975. Requirements of the plan, other than those requirements
consistent with Chapter 7 of Title 12, shall not apply in the drainage
basin of any tributary outside the stream corridor.
(13) By striking water course and inserting in lieu thereof
watercourse wherever the same appears in Code Section 12-5-454,
relating to removal of sand from watercourses.
Section 13. Title 13 of the Official Code of Georgia Annotated,
relating to contracts, is amended as follows:
(1) By deleting in making the contract from Code Section 13-
6-11, relating to recovery of expenses of litigation generally.
(2) By striking distributor or division and inserting in lieu
thereof distributor branch or division in paragraph (1) of subsec-
tion (c), by striking Code Section and inserting in lieu thereof
Code section in subparagraph (c)(3)(A), by striking the semicolon
and inserting a period at the end of said subparagraph, and by
striking subparagraph and inserting in lieu thereof paragraph in
subparagraph (c)(3)(B) of Code Section 13-8-15, relating to unfair
methods of competition and unfair or deceptive acts or practices by
manufacturers of tractors and farm equipment.
(3) By striking subparagraph (B) of paragraph (3) of subsection
(c) and inserting in lieu thereof subparagraph (c)(3)(B) in Code
Section 13-8-19, relating to failure to renew franchise.
36
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) By striking subparagraph (A) of paragraph (3) of subsection
(c) and inserting in lieu thereof subparagraph (c)(3)(A) in subsec-
tion (a) of Code Section 13-8-20, relating to damages recoverable for
injuries sustained by violations of article.
(5) By striking the semicolon and inserting in lieu thereof a
period at the end of subparagraph (c)(3)(A) and by striking subpara-
graph and inserting in lieu thereof paragraph in subparagraph
(c)(3)(B) of Code Section 13-8-35, relating to unfair methods of
competition and unfair or deceptive acts or practices.
(6) By striking subparagraph (B) of paragraph (3) of subsection
(c) and inserting in lieu thereof subparagraph (c)(3)(B) in Code
Section 13-8-39, relating to failure to renew, termination of or
restriction on transfer of franchise without due cause.
(7) By striking subparagraph (A) of paragraph (3) of subsection
(c) and inserting in lieu thereof subparagraph (c)(3)(A) in subsec-
tion (a) of Code Section 13-8-40, relating to damages recoverable for
injuries sustained by violations of article.
(8) By adding a comma following but not limited to in Code
Section 13-8-44, relating to indemnification by manufacturer, distrib-
utor, etc., of dealer for losses.
Section 14. Title 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, is amended
as follows:
(1) By adding a comma between the words but and if and by
striking fifty-one and inserting in lieu thereof 51 in the first
sentence of subsection (a) of Code Section 14-2-141, relating to the
number, terms, and selection of corporate directors.
(2) By striking for the restatement, and inserting in lieu
thereof for the restatement in subparagraph (d)(6)(A) of Code
Section 14-2-196, relating to restated articles of incorporation.
(3) By adding a right parenthesis at the end of the form in
subsection (f) of Code Section 14-2-283, relating to involuntary
dissolution of business corporations by the Secretary of State.
GEORGIA LAWS 1984 SESSION
37
(4) By striking first class and inserting in lieu thereof first-
class in the last sentence of subsection (a) of Code Section 14-2-351,
relating to the period for filing annual registrations of business
corporations.
(5) By striking first class and inserting in lieu thereof first-
class in the last sentence of subsection (a) of Code Section 14-3-271,
relating to the period for filing annual registrations of nonprofit
corporations.
(6) By striking Code Section 46-5-147 and inserting in lieu
thereof Code Section 46-5-149 in Code Section 14-4-2, relating to
existing venue statutes being unaffected by Chapter 4 of Title 14.
(7) By deleting or at the end of division (9)(B)(iii), by striking
the period and inserting in lieu thereof ; or at the end of division
(9)(B)(iv), and by striking division (A)(ii) of paragraph (8) of this
Code section and inserting in lieu thereof division (ii) of subpara-
graph (A) of this paragraph in subparagraph (C) of paragraph (9) of
Code Section 14-6-1, relating to definitions relative to corporate
takeovers.
Section 15. Title 15 of the Official Code of Georgia Annotated,
relating to courts, is amended as follows:
(1) By striking justice and inserting in lieu thereof Justice
wherever such word appears in Code Section 15-1-8, relating to the
disqualification of judges.
(2) By deleting the comma immediately following expenses in
subsection (i) of Code Section 15-1-9.1, relating to requests for
assistance from other courts.
(3) By striking judicial council and inserting in lieu thereof
Judicial Council in subsection (a) of Code Section 15-5-20, relating
to the powers and duties of the Judicial Council.
(4) By striking letter-size and inserting in lieu thereof letter-
sized wherever such word appears in Code Section 15-5-40, relating
to acceptance of letter-sized documents by courts.
(5) By deleting the subsection (a) designation in Code Section
15-6-1, relating to the composition of judicial circuits, by adding a
new paragraph (2.1) to said Code section to read as follows:
38
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2.1) Appalachian Judicial Circuit, composed of the Counties of
Fannin, Gilmer, and Pickens;,
by adding a new paragraph (15.1) to said Code section to read as
follows:
(15.1) Douglas Judicial Circuit, composed of the County of
Douglas;,
by adding a new paragraph (32.1) to said Code section to read as
follows:
(32.1) Rockdale Judicial Circuit, composed of the County of
Rockdale;,
by striking paragraph (37) of said Code section and inserting in lieu
thereof a new paragraph (37) to read as follows:
(37) Stone Mountain Judicial Circuit, composed of the County
of DeKalb. The judges of the Stone Mountain Judicial Circuit, when
the business of the circuit does not require their attention, may aid in
the disposition of the business of the Atlanta Judicial Circuit;,
by striking paragraph (38) of said Code section and inserting in lieu
thereof a new paragraph (38) to read as follows:
(38) Tallapoosa Judicial Circuit, composed of the Counties of
Haralson, Polk, and Paulding;,
by striking the semicolon and inserting in lieu thereof a period
following paragraph (42), and by deleting paragraph (43), subsection
(b), and subsection (c) in their entirety from said Code section.
(6) By deleting the subsection (a) designation from Code Section
15-6-2, relating to the number of judges for superior courts, by adding
a new paragraph (2.1) to said Code section to read as follows:
(2.1) Appalachian Circuit.............................. 1,
by adding a new paragraph (15.1) to said Code section to read as
follows:
GEORGIA LAWS 1984 SESSION
39
(15.1) Douglas Circuit.......................... 2,
by adding a new paragraph (32.1) to said Code section to read as
follows:
(32.1) Rockdale Circuit........................... 1,
by striking paragraph (38) of said Code section and inserting in lieu
thereof a new paragraph (38) to read as follows:
(38) Tallapoosa Circuit........................... 2,
and by deleting paragraph (43), subsection (b), and subsection (c) in
their entirety from said Code section.
(7) By deleting the subsection (a) designation from Code Section
15-6-3, relating to terms of court for superior courts, by adding a new
paragraph (2.1) to said Code section to read as follows:
(2.1) Appalachian Circuit:
(A) Fannin CountySecond Monday in March; first
Monday in June; and second Monday in November.
(B) Gilmer CountySecond Monday in February; second
Monday in May; and second Monday in October.
(C) Pickens CountySecond Monday in January; second
Monday in April; and second Monday in September.,
by striking subparagraph (C) of paragraph (4) of said Code section
and inserting in lieu thereof a new subparagraph (C) to read as
follows:
(C) Liberty CountyThird Monday in February and
September.,
by adding a new paragraph (15.1) to said Code section to read as
follows:
(15.1) Douglas Circuit:
40
GENERAL ACTS AND RESOLUTIONS, VOL. I
Douglas CountyThird Monday in January, April, July, and
October.,
by adding a new paragraph (32.1) to said Code section to read as
follows:
(32.1) Rockdale Circuit:
Rockdale CountyFirst Monday in January, April, July, and
October.,
by deleting the subparagraph (A) designation and subparagraph (B)
in its entirety in paragraph (37) of said Code section, and by deleting
paragraph (43), subsection (b) and subsection (c) in their entirety
from said Code section.
(8) By deleting the commas before and after according to the
United States decennial census of 1980 or any future such census in
Code Section 15-6-88.1, relating to salaries for superior court clerks in
counties containing federal lands.
(9) By striking Section X of Article VI and inserting in lieu
thereof Article VI, Section X in Code Section 15-7-1, relating to the
definition of state court.
(10) By striking Article VI of Section VII in paragraphs VI and
VII and inserting in lieu thereof Article VI, Section VII, Paragraphs
VI and VII in subsection (c) of Code Section 15-7-21, relating to
qualifications and restrictions on state court judges.
(11) By striking Paragraphs III and IV of Section VII of Article
VI and inserting in lieu thereof Article VI, Section VII, Paragraphs
III and IV in Code Section 15-7-23, relating to filling vacancies in the
office of state court judges.
(12) By deleting the comma immediately following court in
subsection (c) and by striking Paragraphs III and IV of Section VII
of Article VI and inserting in lieu thereof Article VI, Section VII,
Paragraphs III and IV in subsection (e) of Code Section 15-7-24,
relating to solicitors.
(13) By inserting a comma following interlocutory orders in
Code Section 15-7-42, relating to hearings and proceedings in open
court or chambers.
GEORGIA LAWS 1984 SESSION
41
(14) By inserting a comma following such census in subsection
(c) of Code Section 15-9-2, relating to eligibility and disabilities of
probate judges.
(15) By striking paragraph and inserting in lieu thereof sub-
section in subsection (b) and by striking paragraph and inserting
in lieu thereof Paragraph in subparagraph (c)(2)(C) of Code Sec-
tion 15-10-20, relating to the number and selection of magistrates.
(16) By inserting a comma following location of the hearing in
subsection (d) of Code Section 15-10-43, relating to the commence-
ment of actions in magistrate courts.
(17) By inserting a comma preceding which claim in subsec-
tion (a) of Code Section 15-10-45, relating to compulsory and permis-
sive counterclaims.
(18) By inserting a comma following county ordinances in
Code Section 15-10-60, relating to the applicability of certain Code
sections regarding county ordinance violations.
(19) By striking To promptly pay and inserting in lieu thereof
To pay promptly in paragraph (2) of Code Section 15-10-102,
relating to duties and powers of constables.
(20) By striking Section and inserting in lieu thereof section
in subsection (b) of Code Section 15-10-137, relating to training
requirements of certified magistrates.
(21) By striking local act and inserting in lieu thereof local
Act in the first sentence of subsection (b) of Code Section 15-11-3,
relating to the creation and administration of juvenile courts.
(22) By striking subsection and inserting in lieu thereof Code
section in subsection (a) and by striking subsection (a) and
inserting in lieu thereof subsection (b) in subsection (d) of Code
Section 15-11-16, relating to the transfer of juveniles for orders of
disposition.
(23) By striking The juvenile and inserting in lieu thereof the
juvenile both times it appears in subsection (d) of Code Section 15-
11-37, relating to designated felony acts by juveniles.
42
GENERAL ACTS AND RESOLUTIONS, VOL. I
(24) By deleting (Code Section 16-8-17) from subsection (a) of
Code Section 15-11-60, relating to fingerprinting and photography of
children by law enforcement officers.
(25) By striking herein contained and inserting in lieu thereof
contained in this subsection in subsection (a) of Code Section 15-
12-4, relating to ineligibility of certain jurors to serve at successive
terms.
(26) By inserting of this Code section following subsection
(b) in subsection (a) of Code Section 15-12-23, relating to clerks of
boards of jury commissioners.
(27) By striking The grand juries the make and inserting in
lieu thereof The grand juries shall also make in the last sentence of
Code Section 15-12-78, relating to the inspection of jails by grand
juries.
(28) By striking to all penalties and inserting in lieu thereof
to all the penalties in Code Section 15-13-7, relating to liability of
magistrates and constables to be ruled.
(29) By inserting enforcement power to a person not properly
versed and trained in law after law in the third sentence of
subsection (a) and by striking responsibilites and inserting in lieu
thereof responsibilities in said subsection of Code Section 15-16-3,
relating to training courses for new sheriffs.
(30) By striking cost of living and inserting in lieu thereof
cost-of-living in paragraph (5) of subsection (b) of Code Section 15-
18-14, relating to appointment and compensation of assistant district
attorneys.
(31) By deleting justices of the peace, from Code Section 15-
21-55, relating to dispositions of the fines and forfeitures fund.
(32) By striking Probate Judge Retirement Fund and insert-
ing in lieu thereof Judges of the Probate Courts Retirement Fund of
Georgia in subsection (b) of Code Section 15-21-73, relating to added
penalties in criminal cases.
(33) By striking commissioner of the Department of Revenue
and inserting in lieu thereof commissioner of revenue wherever
GEORGIA LAWS 1984 SESSION
43
such phrase is found in Code Section 15-21-74, relating to assessment
and collection of added penalties.
(34) By inserting fails to remit the sums following such
moneys in Code Section 15-21-75, relating to delinquent collection
and payment of added penalties to the Department of Revenue.
(35) By inserting a comma following administrative expenses
in Code Section 15-21-77, relating to appropriation of added penalty
collections for law enforcement training.
Section 16. Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended as follows:
(1) By deleting or at the end of paragraph (1) of subsection (a),
by striking the period and inserting in lieu thereof ; and at the end
of subparagraph (a)(2)(A), by adding ; or at the end of subpara-
graph (a)(2)(B), and by striking , or and inserting in lieu thereof";
or at the end of subparagraph (e)(1)(A) of Code Section 16-9-20,
relating to issuance of bad checks and penalties therefor.
(2) By deleting the paragraph (1) designation from subsection
(a), by redesignating subparagraphs (A) through (D) as paragraphs
(1) through (4), by redesignating paragraph (2) as subsection (b), by
redesignating subparagraphs (A) through (C) of paragraph (2) as
paragraphs (1) through (3) of subsection (b), and by redesignating
divisions (i) through (iii) of subparagraph (C) as subparagraphs (A)
through (C) of paragraph (3) in Code Section 16-10-6, relating to sales
of property to the state or political subdivisions by public officers or
employees.
(3) By striking the period and inserting in lieu thereof a sem-
icolon at the end of the undesignated language of paragraph (1) of
subsection (b) of Code Section 16-11-64, relating to interception of
wire or oral transmissions by law enforcement officers.
(4) By striking Director and inserting in lieu thereof direc-
tor in paragraph (8) of subsection (a) of Code Section 16-11-130,
relating to exemptions from prohibitions against carrying certain
firearms.
(5) By striking taken as whole and inserting in lieu thereof
taken as a whole in paragraph (1) of Code Section 16-12-103,
relating to selling or loaning sexually explicit material to minors.
44
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) By striking towards and inserting in lieu thereof toward
in paragraph (8) and by striking isomers.) and inserting in lieu
thereof isomers). in paragraph (14) of Code Section 16-13-21,
relating to definitions regarding the regulation of controlled sub-
stances.
(7) By striking the subparagraph (A) designation following para-
graph (4) of Code Section 16-13-25, relating to controlled substances
composing Schedule I.
(8) By striking in possible and inserting in lieu thereof is
possible in subsection (a) of Code Section 16-13-28, relating to
controlled substances composing Schedule IV.
(9) By striking Benzylpenicilloyl-Polylysine and inserting in
lieu thereof Benzylpenicilloyl-polylysine in paragraph (90) of sub-
section (b) and by inserting (6) Reserved; between paragraphs (5)
and (7) of subsection (e) of Code Section 16-13-71, relating to the
definition of dangerous drug.
(9.1) By striking or at the end of division (xxviii), by striking
the period at the end of division (xxix) and inserting in its place a
semicolon, and by adding new divisions (xxx) and (xxxi) as follows to
subparagraph (A) of paragraph (3) of Code Section 16-14-3, relating
to RICO definitions:
(xxx) Article 3 of Chapter 5 of this title, relating to kidnap-
ping, false imprisonment, and related offenses, except for Code
Section 16-5-44, relating to aircraft hijacking; or
(xxxi) Code Section 16-11-37, relating to terroristic threats
and acts.
(10) By striking subsections and inserting in lieu thereof
subsection in subsection (c) of Code Section 16-14-4, relating to
prohibited racketeering activities.
(11) By striking enfore and inserting in lieu thereof enforce
in subsection (f) of Code Section 16-14-7, relating to RICO forfeitures
as civil remedies against racketeering.
(12) By adding of this Code section following subsection (b)
in subsection (c) of Code Section 16-14-13, relating to RICO lien
notices of civil proceedings generally.
GEORGIA LAWS 1984 SESSION
45
(13) By striking vice president and inserting in lieu thereof
vice-president in paragraph (5) of subsection (c), by adding of this
Code section following subsection (c) and subsection (a) in
subsection (f), and by adding of this Code section following sub-
section (c) in subsection (g) of Code Section 16-14-15, relating to
registration by alien corporations before owning real property.
Section 17. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended as follows:
(1) By deleting the word and at the end of paragraphs (1) and
(2) and by striking subparagraph (H) of paragraph (2) of subsection
(b) and inserting in lieu thereof subparagraph (b)(2)(H) in subsec-
tion (c) of Code Section 17-6-1, relating to persons before whom
offenses are bailable and criteria for setting bonds.
(2) By inserting the word appropriate before court in para-
graph (5) of subsection (a) of Code Section 17-6-3, relating to accep-
tance of recognizance bonds for military personnel.
(2.1) By striking justices of the peace and inserting in its place
magistrates and by striking justice and inserting in its place
officer in Code Section 17-7-21, relating to the holding of a court of
inquiry by several judicial officers.
(3) By striking Chapter 37-3 or Chapter 37-4 and inserting in
lieu thereof Chapter 3 of Title 37 or Chapter 4 of Title 37 wherever
such phrase appears, by striking of any of the courts and inserting
in lieu thereof in any of the courts in subsection (c), by striking
days and inserting in lieu thereof days wherever it appears in
subsection (e), by inserting of this Code section following subsec-
tion (d) in subsection (e), by striking Chapters 37-3 and 37-4 and
inserting in lieu thereof Chapter 3 of Title 37 and Chapter 4 of Title
37 in paragraph (5) of subsection (e), and by striking subsection (f)
and inserting in lieu thereof this subsection in paragraph (3) of sub-
section (f) of Code Section 17-7-131, relating to proceedings when a
plea of insanity or mental incompetency is entered.
Section 18. Title 18 of the Official Code of Georgia Annotated,
relating to debtor and creditor, is amended as follows:
46
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) By striking intent of the creditor, and inserting in lieu
thereof intent of the debtor, in paragraph (2) of Code Section 18-2-
22, relating to conveyances by debtors which are deemed to be
fraudulent.
Section 19. Title 19 of the Official Code of Georgia Annotated,
relating to domestic relations, is amended as follows:
(1) By striking the effective date of this Code section and
inserting in lieu thereof July 1,1983 both times it appears in Code
Section 19-3-8, relating to the continuance of interspousal tort immu-
nity.
(2) By striking (referred to as parent) and inserting in lieu
thereof (hereinafter referred to as parent) in the
affidavit form found in paragraph (3) of subsection (c) and by
inserting his before date and place of death in the affidavit form
found in paragraph (5) of subsection (c) of Code Section 19-8-4,
relating to the execution of a surrender of parental rights.
(3) By deleting the comma immediately following provided in
subsection (b) and by striking Article 2 and inserting in lieu thereof
Article 3 both times it appears in subsection (c) of Code Section 19-
9-1, relating to child custody determinations in divorce.
(4) By striking Article 2 and inserting in lieu thereof Article
3 both times it appears in subsection (c) of Code Section 19-9-3,
relating to discretion of the court in child custody disputes.
Section 20. Title 20 of the Official Code of Georgia Annotated,
relating to education, is amended as follows:
(1) By striking who and inserting in lieu thereof whom in
subsection (b) of Code Section 20-2-51, relating to selection of mem-
bers of county boards.
(2) By striking Code Section 20-2-57, relating to the organiza-
tion of county boards of education, and inserting in lieu thereof a new
Code Section 20-2-57 to read as follows:
20-2-57. (a) Upon being called together by some one of their
number, after their election, the members of the county board shall
organize by selecting one of their number as chairman, who shall serve
GEORGIA LAWS 1984 SESSION
47
as such during the term for which he was chosen as a member of the
county board. The county school superintendent shall act as secretary
of the county board, ex officio. A majority of the county board shall
constitute a quorum for the transaction of business. It shall be the
duty of the superintendent as secretary to be present at the meetings
of the county board, to keep the minutes of its meetings and make a
permanent record of them, and to do any other clerical work it may
direct him to do. He shall record in a book, to be provided for the
purpose, all official proceedings of the county board, which shall be a
public record open to the inspection of any person interested therein;
and all such proceedings, when so recorded, shall be signed by the
chairman and countersigned by the secretary.
(b) Notwithstanding the provisions of subsection (a) of this
Code section, in all counties of this state having a population of not
less than 75,200 nor more than 77,000 according to the United States
decennial census of 1960 or any future such census, the chairman of
the board of education for such county shall be elected as provided for
in this Code section but shall serve for such term as shall be fixed by
the board by appropriate resolution adopted by the board, which
resolution may be amended from time to time by the board.
(3) By striking for immediately following election and
inserting in lieu thereof or in subsection (b) of Code Section 20-2-
102, relating to qualifications of county school superintendents.
(4) By striking Code Section 20-2-982, relating to definitions
regarding the Professional Standards Commission, which reads as
follows:
20-2-982. As used in this part, the term:
(1) Commission means the Professional Standards Com-
mission.
(2) Approved institution means any institution approved
by the State Board of Education.
(3) Subject matter examination means any objective
examination recommended by the commission as an instrument to
measure subject matter knowledge.
48
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) CESA means a cooperative education services agency
as defined by Part 4 of Article 6 of this chapter.
(5) In-service training (staff development) means any pro-
gram of teacher education or preparation offered jointly by a
school system and an approved college or university or a CESA, or
any combination of the foregoing, for the purposes of improving or
upgrading a teachers skills, knowledge or instructional methods
which is offered for credit and is recommended by the commission.
(6) Authorization or assignment means the designation
appearing on the teaching certificate identifying the areas of
instruction or service which the certificate holder is permitted to
perform.,
and inserting in lieu thereof a new Code Section 20-2-982 to read as
follows:
20-2-982. As used in this part, the term:
(1) Approved institution means any institution approved
by the State Board of Education.
(2) Authorization or assignment means the designation
appearing on the teaching certificate identifying the areas of
instruction or service which the certificate holder is permitted to
perform.
(3) CESA means a cooperative education services agency
as defined by Part 4 of Article 6 of this chapter.
(4) Commission means the Professional Standards Com-
mission.
(5) In-service training (staff development) means any pro-
gram of teacher education or preparation offered jointly by a
school system and an approved college or university or a CESA, or
any combination of the foregoing, which is offered for credit and is
recommended by the commission for the purposes of improving or
upgrading a teachers skills, knowledge, or instructional methods.
(6) Subject matter examination means any objective
examination recommended by the commission as an instrument to
measure subject matter knowledge.
GEORGIA LAWS 1984 SESSION
49
(5) By adding a comma following incapacity and between
appointed and that in subsection (a) of Code Section 20-2-983,
relating to the Professional Standards Commission.
(6) By adding a comma between tax and which in paragraph
(2) of Code Section 20-3-131, relating to definitions of junior colleges.
(7) By adding a comma between tax and which in Code
Section 20-3-132, relating to authority to establish and maintain
junior colleges.
(8) By lower-casing the word Authority in subsection (c) of
Code Section 20-3-204, relating to issuance of revenue bonds.
(9) By striking three-, two-, and inserting in lieu thereof
three-year, two-year, both times it appears in subsection (b) of
Code Section 20-3-426, relating to eligibility for scholarships.
(10) By striking (hereinafter referred to as board) in subsec-
tion (a) and by striking board wherever it appears and inserting in
lieu thereof State Medical Education Board in Code Section 20-3-
510, relating to the creation of the State Medical Education Board.
(11) By striking Code Section 20-3-511, relating to the secretary
and treasurer of the State Medical Education Board, and inserting in
lieu thereof a new Code Section 20-3-511 to read as follows:
20-3-511. (a) The secretary of the State Medical Education
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 State Medical Education Board and the books,
records, and accounts of the State Medical Education Board. The
secretarys compensation shall be fixed by the State Medical Educa-
tion Board. The secretary shall also be the treasurer of the State
Medical Education Board and shall keep an account for all the funds
of the State Medical Education Board. The secretary shall execute
and file with the State Medical Education 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 State
Medical Education Board.
50
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The State Medical Education Board may employ clerical
assistance as is required and their compensation shall be fixed by the
State Medical Education Board.
(12) By striking board wherever it appears and inserting in
lieu thereof State Medical Education Board in Code Section 20-3-
512, relating to medical student loans and scholarships.
(13) By striking board wherever it appears and inserting in
lieu thereof State Medical Education Board in Code Section 20-3-
513, relating to limits, terms, and conditions of medical student loans
or scholarships.
(14) By striking board wherever it appears and inserting in
lieu thereof State Medical Education Board in Code Section 20-3-
514, relating to contracts for certain loans or scholarships.
(15) By striking board wherever it appears and inserting in
lieu thereof State Medical Education Board in Code Section 20-3-
515, relating to payment of tuition and fees for students granted
certain loans or scholarships.
(16) By striking available to the board and inserting in lieu
thereof available to the State Medical Education Board in Code
Section 20-3-516, relating to funds for certain loans or scholarships.
(17) By striking board and inserting in lieu thereof State
Medical Education Board in Code Section 20-3-517, relating to
biennial reports of the State Medical Education Board.
Section 21. Reserved.
Section 22. Reserved.
Section 23. Reserved.
Section 24. Title 24 of the Official Code of Georgia Annotated,
relating to evidence, is amended as follows:
(1) By striking (a) preceding the first sentence of Code Section
24-10-70, relating to definitions relative to production of medical
records as evidence.
GEORGIA LAWS 1984 SESSION
51
Section 25. Reserved.
Section 26. Title 26 of the Official Code of Georgia Annotated,
relating to food, drugs, and cosmetics, is amended as follows:
(1) By striking part and inserting in lieu thereof article in
paragraph (10) of Code Section 26-2-22, relating to prohibited acts
regarding food.
(2) By striking the word or at the end of paragraph (1) and by
striking the period and inserting in lieu thereof ; or at the end of
paragraph (2) of subsection (a) of Code Section 26-2-112, relating to
inspection of slaughtered animals.
(3) By adding a comma following or is suspected of being in
subsection (a) of Code Section 26-3-4, relating to detention of certain
drugs and cosmetics.
(4) By striking service and inserting in lieu thereof device in
the introductory language of Code Section 26-3-7, relating to adulter-
ated drugs or devices.
(5) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraphs (a)(2)(B) and (a)(5)(B), by striking
division (i)(A)(i) and inserting in lieu thereof division (i) of
subparagraph (A) in subparagraph (a)(6)(B), by striking the period
and inserting in lieu thereof a semicolon at the end of subparagraph
(a)(6)(B), and by striking the period and inserting in lieu thereof a
semicolon at the end of subparagraph (a)(9)(C) of Code Section 26-3-
8, relating to misbranded drugs or devices.
(6) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraph (B) of paragraph (2) of Code
Section 26-3-12, relating to misbranded cosmetics.
(7) By adding the word that between board and such in
subsection (a) of Code Section 26-4-111, relating to manufacturing
drugs, medicines, and cosmetics.
(8) By striking 85th and inserting in lieu thereof eighty-
fifth in paragraph (7) of Code Section 26-4-142, relating to defini-
tions regarding third-party prescriptions.
52
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) By striking the effective date of this part and inserting in
lieu thereof January 1, 1984, in paragraph (1) of subsection (b) of
Code Section 26-4-143, relating to submission and approval of pro-
grams required.
(10) By striking cancelled and inserting in lieu thereof can-
celed in Code Section 26-4-147, relating to enrollees liability for use
of identification card or canceled program.
Section 27. Title 27 of the Official Code of Georgia Annotated,
relating to game and fish, is amended as follows:
(1) By striking Code Sections 45-12-150 through 45-12-155 and
Code Section 45-12-158 and inserting in lieu thereof Code Sections
45-12-150, 45-12-151, 45-12-152, and 45-12-155 in subsection (c) of
Code Section 27-1-13, relating to disposition of funds received by the
Department of Natural Resources from the operation of wildlife
management areas, public fishing areas, etc.
(2) By striking authorized and empowered and inserting in
lieu thereof authorized in subsections (a) and (c) and by striking
hunters not and inserting in lieu thereof hunters shall not in
subsection (c) of Code Section 27-2-7, relating to powers of the
Department of Natural Resources as to making and entering into
agreements relating to hunting license reciprocity.
(3) By reenacting Code Section 27-2-4, relating to honorary
hunting and fishing licenses as printed on page 42 of Volume 22 of the
Official Code of Georgia Annotated and by striking Code Section 27-
3-4, relating to legal weapons for hunting wildlife generally, in its
entirety and inserting in lieu thereof a new Code Section 27-3-4 to
read as follows:
27-3-4. It shall be unlawful to hunt wildlife with any weapon,
except that:
(1) Longbows and compound bows may be used for taking
small game. Longbows and compound bows for hunting deer are
permitted only during the regular hunting season and during the
archery season for deer, provided that longbows have a minimum
recognized pull of 40 pounds at 28 inches of draw. Arrows for
hunting deer must be broadhead type, with a minimum width of
seven-eighths of an inch;
GEORGIA LAWS 1984 SESSION
53
(2) During primitive weapon hunts, longbows, compound
bows, muzzleloading rifles of .44 caliber or larger with iron sights
and muzzleloading shotguns of 20 gauge or larger loaded with
single shot may be used;
(3) Firearms for hunting deer, bear, and feral hogs are
limited to 20 gauge shotguns or larger shotguns loaded with slugs
or buckshot (except that no buckshot is permitted on state wildlife
management areas unless otherwise specified), muzzleloading
rifles of .44 caliber or larger, and rifles using any center-fire
cartridge .22 caliber or larger; provided, however, that a .218 Bee;
.22 Hornet; .25-20; .256 Magnum; guns using .30 caliber army
carbine cartridges; .32-20; .32-40; .357 Magnum; .38 Special; .38-
40; and .44-40 shall not be used; provided, further, that firearms
for hunting feral hogs, other than those weapons specified in this
subsection, may be authorized by rule or regulation of the board.
Handguns with a barrel length of 5.9 inches or more, adjustable
sights, and capable of delivering at least 500 foot-pounds of energy
at a distance of 100 yards may be used for hunting game animals.
Bullets used in all rifles and handguns must be of the expanding
type. It shall be unlawful for any person, when hunting with four
or more other hunters, to use a handgun or rifle while hunting deer
with dogs;
(4) Weapons for hunting small game, nongame animals, or
nongame birds shall be limited to shotguns with No. 4 shot or
smaller shot, .22 rimfire rifles, guns using .30 caliber army carbine
cartridges, the .32-20, any center-fire rifles with bore diameter of
.257 or smaller, all caliber pistols, muzzleloading firearms, long-
bows, and compound bows;
(5) (A) For hunting deer, shotguns shall be limited to a
capacity of not more than five shells in the magazine and
chamber combined. If a plug is necessary to so limit the
capacity, the plug shall be of one piece, incapable of being
removed through the loading end of the magazine.
(B) For hunting all other game, shotguns shall be lim-
ited to a capacity of not more than three shells in the
magazine and chamber combined. If a plug is necessary to so
limit the capacity, the plug shall be of one piece, incapable of
being removed through the loading end of the magazine;
54
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) The use of crossbows for hunting within this state is
prohibited; provided, however, that individuals with medically
certified disability affecting the extremities which precludes the
use of a 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 disability to the extremities either through amputa-
tion or loss of function which renders the use of a regular or
compound bow impossible;
(7) It shall be unlawful to hunt turkey with any weapons
except shotguns using No. 2 shot or smaller, muzzleloading rifles,
longbows, or compound bows. Any person taking turkey in viola-
tion of this subsection shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as for a misdemeanor, except
that a fine imposed for such violation shall not be less than
$250.00;
(8) Weapons for hunting squirrel, rabbits, and raccoons
shall be limited to shotguns with No. 2 shot or smaller shot, .22
rimfire firearms, muzzleloading rifles, longbows, and compound
bows;
(9) The use of silencers for hunting within this state is
prohibited.
(4) By striking the words for other than commercial fishing
purposes and inserting in lieu thereof for other commercial fishing
purposes in subsection (e) of Code Section 27-4-171, relating to bait
dealers and taking of shrimp for bait.
Section 28. Title 28 of the Official Code of Georgia Annotated,
relating to the General Assembly, is amended as follows:
(1) By redesignating Code Section 28-1-14, relating to restrict-
ions on population bills, as enacted by an Act approved March 29,
1983 (Ga. L. 1983, p. 1205), as Code Section 28-1-15.
Section 29. Title 29 of the Official Code of Georgia Annotated,
relating to guardian and ward, is amended as follows:
GEORGIA LAWS 1984 SESSION
55
(1) By adding at the end of Code Section 29-2-4, relating to
petitions for sale, lease, exchange, or encumbrance of the wards
property, a new subsection (g) to read as follows:
(g) All other sales of any portion of the property of the ward not
addressed by this Code section shall be made under the direction of
the judge of the probate court under the same rules and restrictions as
are prescribed for sales by administrators of estates.
(2) By striking first class and inserting in lieu thereof first-
class and by deleting of the Official Code of Georgia Annotated in
subsection (b) of Code Section 29-4-4.1, relating to appointment of a
temporary guardian for a minor.
(3) By deleting or following the semicolon at the end of
subparagraph (a)(3)(A) in Code Section 29-5-6, relating to procedure
for appointment of a guardian for an incapacitated adult.
Section 30. Reserved.
Section 31. Title 31 of the Official Code of Georgia Annotated,
relating to health, is amended as follows:
(1) By striking paragraph (5) of Code Section 31-6-2, relating to
definitions relative to health planning and development, and insert-
ing in lieu thereof a new paragraph (5) to read as follows:
(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/surgi-
cal care; inpatient nursing care, whether intermediate, skilled, or
extended care; cardiac catheterization; open-heart surgery; inpatient
rehabilitation; and alcohol, drug abuse, and mental health services.
(2) By striking The members shall serve for a term of two
years. and inserting in lieu thereof Each member shall serve for a
term of two years. in subsection (a) and by adding a comma following
emergency rules in paragraph (2) of subsection (c) of Code Section
31-6-20, relating to the Health Policy Council.
56
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) By striking chapter, and and inserting in lieu thereof
chapter and, in subsection (a), by striking certificate of need
programs and inserting in lieu thereof certificate of need program
in paragraph (4) of subsection (b), and by striking the period and
inserting in lieu thereof a semicolon at the end of paragraph (4) of said
subsection in Code Section 31-6-21, relating to the Health Planning
Agency.
(4) By striking the semicolons following health services and
cost effectiveness and inserting in lieu thereof commas in para-
graph (13) of Code Section 31-6-42, relating to qualifications for
issuance of a certificate of need.
(5) By striking certificate of need, or one and inserting in lieu
thereof certificate of need or one in the undesignated language
following paragraph (2) of subsection (d) of Code Section 31-6-43,
relating to acceptance or rejection of application for certificate.
(6) By striking facilitys and inserting in lieu thereof facility
in paragraph (13) of subsection (a) and by striking additioin and
inserting in lieu thereof addition in subsection (c) of Code Section
31-6-47, relating to exemptions from the requirements relative to
certificate of need review.
(7) By striking Code Section 31-7-4 and inserting in lieu
thereof Code Section 31-7-2.1 in subsection (b) of Code Section 31-
7-11, relating to the requirement of a written summary of hospital
service charge rates.
(8) By redesignating Code Section 31-7-11, relating to personal
care homes, as enacted by an Act approved March 29,1983 (Ga. L.
1983, p. 1323), as Code Section 31-7-12, to read as follows:
31-7-12. (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,
county boards of health may establish inspection fees to defray part
of the costs of inspections performed for the department.
GEORGIA LAWS 1984 SESSION
57
(9) By striking paragraph (20) and inserting in lieu thereof
paragraph (22) in paragraph (4) of subsection (d) of Code Section
31-7-76, relating to procedures in event of failure of a hospital
authority to perform its functions.
(10) By redesignating Article 8 of Chapter 7 of Title 31, relating
to hospice care, as enacted by an Act approved March 29, 1983
(Ga. L. 1983, p. 1317), as Article 9 of Chapter 7 of Title 31.
(11) By striking air space and inserting in lieu thereof air-
space both times it appears in subsection (d) and by striking Code
Section 31-10-9 and inserting in lieu thereof this Code section in
subsections (f) and (g) of Code Section 31-10-9, relating to registra-
tion of births.
(12) By striking registration and inserting in lieu thereof
registrar in subsection (c) of Code Section 31-10-29, relating to
information to be disclosed to state and local registrars.
Section 32. Title 32 of the Official Code of Georgia Annotated,
relating to highways, bridges, and ferries, is amended as follows:
(1) By striking Public Law 97-987 and inserting in lieu thereof
Public Law 97-369 in Code Section 32-6-23, relating to width of
vehicles and loads.
Section 33. Title 33 of the Official Code of Georgia Annotated,
relating to insurance, is amended as follows:
(1) By adding a new Code section immediately following Code
Section 33-2-31, to be designated 33-2-32, to read as follows:
33-2-32. (a) Each corporation or individual, of whatever
name or class, which now has or which may hereafter have bonds or
securities on deposit as the law provides, is required, on or before
January 15 of each year, to pay the Commissioner a fee based on the
following schedule:
58
GENERAL ACTS AND RESOLUTIONS, VOL. I
Aggregate amount of bonds or securities Fee
Not over $5,000.00 ................................ $ 2.00
Not over $10,000.00 .................................... 3.75
Not over $25,000.00 .................................... 7.50
Not over $50,000.00 ................................... 12.50
Not over $100,000.00 .................................. 20.00
More than $100,000.00................................. 25.00
(b) All fees collected under subsection (a) of this Code section
shall be paid into the general fund of the state treasury.
(c) If a fee prescribed in subsection (a) of this Code section has
not been paid on or before January 15, the Commissioner shall refuse
to accept the deposits required by law and shall not certify their
acceptance until the fee is fully paid. The Commissioner shall
suspend or revoke the license of the delinquent company or individ-
ual until the fee is fully paid.
(2) By striking Title 33 and inserting in lieu thereof this
title in subsection (c) of Code Section 33-3-20, relating to imposition
of certain administrative fines.
(3) By striking Title 33 and inserting in lieu thereof this
title in subsection (c) of Code Section 33-3-25, relating to standards
for certain insurance policies.
(4) By striking the semicolon at the end of subparagraphs (A)
and (B) of paragraph (4), subparagraphs (A) and (B) of paragraph (6),
and subparagraph (A) of paragraph (7) and inserting in lieu thereof a
period, by deleting and at the end of paragraph (7), and by striking
the period and inserting in lieu thereof ; and at the end of
paragraph (8) of Code Section 33-6-5, relating to certain unfair
methods of competition.
(5) By striking one- and inserting in lieu thereof one-family
and by adding a comma following obsolescence in paragraph (2) of
subsection (b) of Code Section 33-7-6, relating to the definition of
property insurance.
(6) By striking insuror and inserting in lieu thereof insurer
each time it appears in subsection (b.l) of Code Section 33-7-15,
relating to cooperation between insurers and insured persons.
GEORGIA LAWS 1984 SESSION
59
(7) By striking Farmers Mutual Fire Insurance Companies
and Fraternal Benefit Societies and inserting in lieu thereof respec-
tively farmers mutual fire insurance companies and fraternal
benefit societies in subsection (a) of Code Section 33-8-3, relating to
license fees of insurance companies generally.
(8) By striking commissioner and inserting in lieu thereof
Commissioner in paragraph (2) of subsection (b) and by striking
semi-annual and inserting in lieu thereof semiannual in subsec-
tion (g) of Code Section 33-8-8.1, relating to taxation of life insurance
companies.
(9) By striking semi-annual and inserting in lieu thereof sem-
iannual in paragraph (5) of subsection (b) and by striking the
semicolon immediately preceding provided and inserting in lieu
thereof a comma in subsection (d) of Code Section 33-8-8.2, relating
to taxation of certain other insurance companies.
(10) By striking Those and inserting in lieu thereof For
those and by striking the semicolon following cap and inserting in
lieu thereof a comma in Code Section 33-8-8.3, relating to reduction of
ad valorem taxes in certain areas.
(11) By striking procedures of this chapter and inserting in
lieu thereof procedures of this title in the introductory paragraph of
Code Section 33-9-21, relating to filing certain rates and rating plans.
(12) By striking subsections (d) through (k) of Code Section 33-
10-13, relating to valuation of reserves, and inserting in lieu thereof
new subsections (d) through (k) to read as follows:
(d) (1) Except as otherwise provided in paragraphs (2) and
(3) through (7) of this subsection, the minimum standards for the
valuation of all life insurance policies and annuity or pure endow-
ment contracts issued on or after January 1, 1966, shall be the
Commissioners reserve valuation methods defined in subsections
(e), (f), and (j) of this Code section and the following interest rates
and tables:
(A) Three and one-half percent interest or, in the case
of policies and contracts other than annuity and pure endow-
ment contracts issued on or after July 1, 1973, 4 percent
interest for such policies issued prior to July 1, 1979, 5 1/2
60
GENERAL ACTS AND RESOLUTIONS, VOL. I
percent interest for single premium life insurance policies,
and 4 1/2 percent interest for all other such policies issued on
or after July 1,1979;
(B) For all ordinary policies of life insurance issued on
the standard basis, excluding any disability and accidental
death benefits in such policies, the Commissioners 1958 Stan-
dard Ordinary Mortality Tables for such policies issued prior
to the operative date of subsection (e) of Code Section 33-25-4
as amended, except that for any category of such policies
issued on female risk modified net premiums and present
values, referred to in subsection (e) of this Code section, may
be calculated at the insurers option and with the Commis-
sioners approval according to an age not more than six years
younger than the actual age of the insured; and for such
policies issued on or after the operative date of subsection (e)
of Code Section 33-25-4, (i) the Commissioners 1980 Stan-
dard Ordinary Mortality Table or, (ii) at the election of the
insurer for any one or more specified plans of life insurance,
the Commissioners 1980 Standard Ordinary Mortality Table
with Ten-Year Select Mortality Factors, or (iii) any ordinary
mortality table, adopted after 1980 by the National Associa-
tion of Insurance Commissioners, that is approved by regula-
tion promulgated by the Commissioner for use in determining
the minimum standard of valuation for such policies;
(C) For all industrial life insurance policies issued on
the standard basis, excluding any disability and accidental
death benefits in such policies, the 1941 Standard Industrial
Mortality Table; for such policies issued prior to the date on
which the Commissioners 1961 Standard Industrial Mortality
Table becomes applicable in accordance with subsection (d)
of Code Section 33-25-4 and for such policies issued on or
after such date the Commissioners 1961 Standard Industrial
Mortality Table or any industrial mortality table, adopted
after 1980 by the National Association of Insurance Commis-
sioners, that is approved by regulation promulgated by the
Commissioner for use in determining the minimum standard
of valuation for such policies;
(D) For individual annuity and pure endowment con-
tracts, excluding any disability and accidental death benefits
in such policies, the 1937 Standard Annuity Mortality Table
GEORGIA LAWS 1984 SESSION
61
or, at the option of the insurer, the Annuity Mortality Table
for 1949, ultimate, or any modification of either of these
tables approved by the Commissioner;
(E) For group annuity and pure endowment contracts,
excluding any disability and accidental death benefits in such
policies, the Group Annuity Mortality Table for 1951, any
modification of such table approved by the Commissioner or,
at the option of the insurer, any of the tables or modifications
of tables specified for individual annuity and pure endow-
ment contracts;
(F) For total and permanent disability benefits in or
supplementary to ordinary policies or contracts, for policies
or contracts issued on or after January 1,1966, the tables of
Period 2 disablement rates and the 1930 to 1960 termination
rates of the 1952 Disability Study of the Society of Actuaries,
with due regard to the type of benefit or any tables of
disablement rates and termination rates, adopted after 1980
by the National Association of Insurance Commissioners,
that are approved by regulation promulgated by the Commis-
sioner for use in determining the minimum standard of
valuation for such policies; for policies or contracts issued
prior to January 1,1966, either such tables or, at the option of
the insurer, the Class (3) Disability Table (1926). Any such
table shall, for active lives, be combined with a mortality table
permitted for calculating the reserves for life insurance poli-
cies;
(G) For accidental death benefits in or supplementary
to policies, for policies issued on or after January 1,1966, the
1959 Accidental Death Benefits Table or any accidental death
benefits table, adopted after 1980 by the National Association
of Insurance Commissioners, that is approved by regulation
promulgated by the Commissioner for use in determining the
minimum standard of valuation for such policies; for policies
issued prior to January 1, 1966, either such table or, at the
option of the insurer, the Inter-Company Double Indemnity
Mortality Table. Either table shall be combined with a mor-
tality table permitted for calculating the reserves for life
insurance policies; and
62
GENERAL ACTS AND RESOLUTIONS, VOL. I
(H) For group life insurance, life insurance issued on
the substandard basis, and other special benefits such tables
or appropriate modifications of such tables as may be
approved by the Commissioner as being sufficient with rela-
tion to the benefits provided by those policies.
(2) Except as provided in paragraphs (3) through (7) of this
subsection, the minimum standard for the valuation of all individ-
ual annuity and pure endowment contracts issued on or after the
operative date of this paragraph, as defined herein, and for all
annuities and pure endowments purchased on or after the opera-
tive date under group annuity and pure endowment contracts,
shall be the Commissioners reserve valuation methods defined in
subsections (e) and (f) of this Code section and the following
tables and interest rates:
(A) For individual annuity and pure endowment con-
tracts issued prior to July 1, 1979, excluding any disability
and accidental death benefits in such contracts, the 1971
Individual Annuity Mortality Table or any modification of
this table approved by the Commissioner and 6 percent
interest for single premium immediate annuity contracts and
4 percent interest for all other individual annuity and pure
endowment contracts;
(B) For individual single premium immediate annuity
contracts issued on or after July 1, 1979, excluding any
disability and accidental death benefits in such contracts, the
1971 Individual Annuity Mortality Table or any individual
annuity mortality table, adopted after 1980 by the National
Association of Insurance Commissioners that is approved by
regulation promulgated by the Commissioner for use in deter-
mining the minimum standard of valuation for such contracts
or any modification of these tables approved by the Commis-
sioner and 7 1/2 percent interest;
(C) For individual annuity and pure endowment con-
tracts issued on or after July 1, 1979, other than single
premium immediate annuity contracts, excluding any disabil-
ity and accidental death benefits in such contracts, the 1971
Individual Annuity Mortality Table or any individual annu-
ity mortality table, adopted after 1980 by the National Asso-
ciation of Insurance Commissioners, that is approved by
GEORGIA LAWS 1984 SESSION
63
regulation promulgated by the Commissioner for use in deter-
mining the minimum standard of valuation for such contracts
or any modification of these tables approved by the Commis-
sioner and 5 1/2 percent interest for single premium deferred
annuity and pure endowment contracts and 4 1/2 percent
interest for all other such individual annuity and pure endow-
ment contracts;
(D) For all annuities and pure endowments purchased
prior to July 1, 1979, under group annuity and pure endow-
ment contracts, excluding any disability and accidental death
benefits purchased under such contracts, the 1971 Group
Annuity Mortality Table or any modification of this table
approved by the Commissioner and 6 percent interest; and
(E) For all annuities and pure endowments purchased
on or after July 1, 1979, under group annuity and pure
endowment contracts, excluding any disability and accidental
death benefits purchased under such contracts, the 1971
Group Annuity Mortality Table or any group annuity mortal-
ity table, adopted after 1980 by the National Association of
Insurance Commissioners, that is approved by regulation
promulgated by the Commissioner for use in determining the
minimum standard of valuation for such annuities and pure
endowments or any modification of these tables approved by
the Commissioner and 7 1/2 percent interest.
After July 1,1973, any insurer may file with the Commissioner a
written notice of its election to comply with this paragraph
after a specified date before January 1,1979, which shall be
the operative date of this paragraph for such insurer,
provided that an insurer may elect a different operative
date for individual annuity and pure endowment contracts
from that elected for group annuity and pure endowment
contracts. If an insurer makes no such election, the opera-
tive date of this paragraph for such insurer shall be January
1,1979.
(3) The interest rates used in determining the minimum
standard for the valuation of:
(A) All life insurance policies issued in a particular
calendar year, on or after the operative date of subsection (e)
of Code Section 33-25-4;
64
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) All individual annuity and pure endowment con-
tracts issued in a particular calendar year on or after January
1,1983;
(C) All annuities and pure endowments purchased in a
particular calendar year on or after January 1, 1983, under
group annuity and pure endowment contracts; and
(D) The net increase, if any, in a particular calendar
year after January 1,1983, in amounts held under guaranteed
interest contracts
shall be the calendar year statutory valuation interest rates as
defined in paragraphs (4) through (7) of this subsection.
(4) The calendar year statutory valuation interest rates, I,
shall be determined as follows and the results rounded to the
nearer one-quarter of 1 percent:
(A) For life insurance:
I=.03+W(Rl-.03) + 1/2 W(R2-.09);
(B) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and from guar-
anteed interest contracts with cash settlement options:
I=.03+W(R-.03)
where R1 is the lesser of R and .09, R2 is the greater of R and
.09, R is the reference interest rate defined in para-
graph (6) of this subsection, and W is the weighting
factor defined in paragraph (5) of this subsection;
(C) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on an issue year basis, except as stated in
subparagraph (B) of this paragraph, the formula for life
insurance stated in subparagraph (A) of this paragraph shall
apply to annuities and guaranteed interest contracts with
guarantee durations in excess of ten years and the formula for
single premium immediate annuities stated in subparagraph
GEORGIA LAWS 1984 SESSION
65
(B) of this paragraph shall apply to annuities and guaranteed
interest contracts with guarantee duration of ten years or less;
(D) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the formula for single premium immediate annuities
stated in subparagraph (B) of this paragraph shall apply;
(E) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a change in fund basis, the formula for
single premium immediate annuities stated in subparagraph
(B) of this paragraph shall apply;
However, if the calendar year statutory valuation interest rate for
any life insurance policies issued in any calendar year
determined without reference to this sentence differs from
the corresponding actual rate for similar policies issued in
the immediately preceding calendar year by less than one-
half of 1 percent, the calendar year statutory valuation
interest rate for such life insurance policies shall be equal to
the corresponding actual rate for the immediately preced-
ing calendar year. For purposes of applying the immedi-
ately preceding sentence, the calendar year statutory valua-
tion interest rate for life insurance policies issued in a
calendar year shall be determined for 1980 (using the
reference interest rate defined for 1979) and shall be deter-
mined for each subsequent calendar year regardless of
when subsection (e) of Code Section 33-25-4 becomes oper-
ative.
(5) The weighting factors referred to in the formulas stated
above are given in the following tables:
(A) Weighting Factors for Life Insurance:
Guarantee
Duration
(Years)
10 or less
More than 10, but
not more than 20
More than 20
Weighting
Factors
.50
.45
.35
66
GENERAL ACTS AND RESOLUTIONS, VOL. I
For life insurance, the guarantee duration is the maximum
number of years the life insurance can remain in force
on a basis guaranteed in the policy or under options to
convert to plans of life insurance with premium rates
or nonforfeiture values or both which are guaranteed
in the original policy;
(B) Weighting factor for single premium immediate
annuities and for annuity benefits involving life contingencies
arising from other annuities with cash settlement options and
guaranteed interest contracts with cash settlement options:
.80;
(C) Weighting factors for other annuities and for guar-
anteed interest contracts, except as stated in subparagraph
(B) of this paragraph, shall be as specified in Tables I, II, and
III of this subparagraph, according to the rules and defini-
tions in IV, V, and VI of this subparagraph:
I. For annuities and guaran-
teed interest contracts valued on an
issue year basis:
Guarantee
Duration
(Years)
5 or less:
More than 5,
but not more
than 10:
More than 10,
but not more
than 20:
More than 20:
Weighting Factor
for Plan Type
ABC
.80
.60
.50
.75 .60 .50
.65 .50 .45
.45 .35 .35
II. For annuities and guaran-
teed interest contracts valued on a
change in fund basis, the factors
shown in Table I increased by:
Plan Type
ABC
.15 .25 .05
GEORGIA LAWS 1984 SESSION
67
III. For annuities and guaran-
teed interest contracts valued on an
issue year basis (other than those
with no cash settlement options)
which do not guarantee interest on
considerations received more than
one year after issue or purchase and
for annuities and guaranteed inter-
est contracts valued on a change in
fund basis which do not guarantee
interest rates on considerations
received more than 12 months
beyond the valuation date, the fac-
tors shown in Table I or derived in
Table II increased by:
Plan Type
ABC
.05 .05 .05
IV. For other annuities with cash settlement
options and guaranteed interest contracts with cash set-
tlement options, the guarantee duration is the number of
years for which the contract guarantees interest rates in
excess of the calendar year statutory valuation interest
rate for life insurance policies with guarantee duration in
excess of 20 years. For other annuities with no cash
settlement options and for guaranteed interest contracts
with no cash settlement options, the guarantee duration
is the number of years from the date of issue or date of
purchase to the date annuity benefits are scheduled to
commence;
V. Plan type as used in the above tables is defined
as follows:
Plan Type A: At any time policyholder may
withdraw funds only (1) with an adjustment to
reflect changes in interest rates or asset values since
receipt of the funds by the insurer, or (2) without
such adjustment but in installments over five years
or more, or (3) as an immediate life annuity, or (4) no
withdrawal permitted;
68
GENERAL ACTS AND RESOLUTIONS, VOL. I
Plan Type B: Before expiration of the interest
rate guarantee, policyholder may withdraw funds
only (1) with adjustment to reflect changes in inter-
est rates or asset values since receipt of the funds by
the insurer, or (2) without such adjustment but in
installments over five years or more, or (3) no with-
drawal permitted. At the end of interest rate guar-
antee, funds may be withdrawn without such adjust-
ment in a single sum or installments over less than
five years;
Plan Type C: Policyholder may withdraw funds
before expiration of interest rate guarantee in a
single sum or installments over less than five years
either (1) without adjustment to reflect changes in
interest rates or asset values since receipt of the
funds by the insurer, or (2) subject only to a fixed
surrender charge stipulated in the contract as a
percentage of the fund;
VI. An insurer may elect to value guaranteed inter-
est contracts with cash settlement options and annuities
with cash settlement options on either an issue year basis
or on a change in fund basis. Guaranteed interest
contracts with no cash settlement options and other
annuities with no cash settlement options must be valued
on an issue year basis. As used in this subsection, an issue
year basis of valuation refers to a valuation basis under
which the interest rate used to determine the minimum
valuation standard for the entire duration of the annuity
or guaranteed interest contract is the calendar year valu-
ation interest rate for the year of issue or year of purchase
of the annuity or guaranteed interest contract, and the
change in fund basis of valuation refers to a valuation
basis under which the interest rate used to determine the
minimum valuation standard applicable to each change
in the fund held under the annuity or guaranteed interest
contract is the calendar year valuation interest rate for
the year of the change in the fund.
(6) The Reference Interest Rate referred to in paragraph (4)
of this subsection shall be defined as follows:
GEORGIA LAWS 1984 SESSION
69
(A) For all life insurance, the lesser of the average over
a period of 36 months and the average over a period of 12
months, ending on June 30 of the calendar year next preced-
ing the year of issue, of Moodys Corporate Bond Yield
Average Monthly Average Corporates, as published in
Moodys Investors Service, Inc.;
(B) For single premium immediate annuities and for
annuity benefits involving life contingencies arising from
other annuities with cash settlement options and guaranteed
interest contracts with cash settlement options, the average
over a period of 12 months, ending on June 30 of the calendar
year of issue or year of purchase, of Moodys Corporate Bond
Yield Average Monthly Average Corporates, as published
by Moodys Investors Service, Inc.;
(C) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a year of issue basis, except as stated in
subparagraph (B) of this paragraph, with guarantee duration
in excess of ten years, the lesser of the average over a period of
36 months and the average over a period of 12 months, ending
on June 30 of the calendar year of issue or purchase, of
Moodys Corporate Bond Yield Average Monthly Aver-
age Corporates, as published by Moodys Investors Service,
Inc.;
(D) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a year of issue basis, except as stated in
subparagraph (B) of this paragraph, with guarantee duration
of ten years or less, the average over a period of 12 months,
ending on June 30 of the calendar year of issue or purchase, of
Moodys Corporate Bond Yield Average Monthly Aver-
age Corporates, as published by Moodys Investors Service,
Inc.;
(E) For other annuities with no cash settlement options
and for guaranteed interest contracts with no cash settlement
options, the average over a period of 12 months, ending on
June 30 of the calendar year of issue or purchase, of Moodys
Corporate Bond Yield Average Monthly Average Corpo-
rates, as published by Moodys Investors Service, Inc.;
70
GENERAL ACTS AND RESOLUTIONS, VOL. I
(F) For other annuities with cash settlement options
and guaranteed interest contracts with cash settlement
options, valued on a change in fund basis, except as stated in
subparagraph (B) of this paragraph, the average over a period
of 12 months, ending on June 30 of the calendar year of the
change in the fund, of Moodys Corporate Bond Yield Aver-
age Monthly Average Corporates, as published by
Moodys Investors Service, Inc.
(7) In the event that Moodys Corporate Bond Yield Aver-
age Monthly Average Corporates is no longer published by
Moodys Investors Service, Inc., or, in the event that the National
Association of Insurance Commissioners determines that Moodys
Corporate Bond Yield Average Monthly Average Corporates
as published by Moodys Investors Service, Inc., is no longer
appropriate for the determination of the reference interest rate,
then the alternative method for determination of the reference
interest rate, which is adopted by the National Association of
Insurance Commissioners and approved by regulation promul-
gated by the Commissioner, may be substituted.
(e) (1) Except as otherwise provided in subsections (f) and (g)
of this Code section reserves according to the Commissioners
Reserve Valuation method, for the life insurance and endowment
benefits of policies providing for a uniform amount of insurance
and requiring the payment of uniform premiums, shall be the
excess, if any, of the present value at the date of valuation of the
future guaranteed benefits provided for by the policies over the
then present value of any future modified net premiums therefor.
The modified net premiums for the policy shall be the uniform
percentage of the respective contract premiums for the benefits,
excluding extra premiums on a substandard policy, that the
present value at the date of issue of the policy of all the modified
net premiums shall be equal to the sum of the then present value
of the benefits provided for by the policy and the excess of
subparagraph (A) of this paragraph over subparagraph (B) of this
paragraph as follows:
(A) A net level annual premium equal to the present
value at the date of issue of such benefits provided for after
the first policy year, divided by the present value at the date
of issue of an annuity of one per annum payable on the first
and each subsequent anniversary of such policy on which a
GEORGIA LAWS 1984 SESSION
71
premium falls due; provided, however, that the net level
annual premium shall not exceed the net level annual pre-
mium on the 19 year premium whole life plan for insurance of
the same amount at an age one year higher than the age at
issue of the policy; and
(B) A net one-year term premium for the benefits
provided for in the first policy year.
Provided that for any life insurance policy issued on or after the
effective date of subsection (h) of Code Section 33-25-4 for
which the contract premium in the first policy year exceeds
that of the second year and for which no comparable
additional benefit is provided in the first year for such
excess and which provides an endowment benefit or a cash
surrender value or a combination thereof in an amount
greater than such excess premium, the reserve according to
the Commissioners reserve valuation method as of any
policy anniversary occurring on or before the assumed
ending date defined herein as the first policy anniversary
on which the sum of any endowment benefit and any cash
surrender value then available is greater than such excess
premium shall, except as otherwise provided in subsection
(j) of this Code section, be the greater of the reserve as of
such policy anniversary calculated as described in the
preceding paragraph and the reserve as of such policy
anniversary calculated as described in that paragraph, but
with (i) the value defined in subparagraph (A) of that
paragraph being reduced by 15 percent of the amount of
such excess first year premium, (ii) all present values of
benefits and premiums being determined without reference
to premiums or benefits provided for by the policy after the
assumed ending date, (iii) the policy being assumed to
mature on such date as an endowment, and (iv) the cash
surrender value provided on such date being considered as
an endowment benefit. In making the above comparison
the mortality and interest bases stated in subsection (d) of
this Code section shall be used.
(2) Reserves according to the Commissioners reserve valua-
tion method for:
72
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Life insurance policies providing for a varying
amount of insurance or requiring the payment of varying
premiums;
(B) Group annuity and pure endowment contracts pur-
chased under a retirement plan or plan of deferred compensa-
tion, established or maintained by an employer, including a
partnership or sole proprietorship, or by an employee organi-
zation or by both, other than a plan providing individual
retirement accounts or individual retirement annuities under
Section 408 of the Internal Revenue Code as now or hereafter
amended;
(C) Disability and accidental death benefits in all poli-
cies and contracts; and
(D) All other benefits, except life insurance and endow-
ment benefits in life insurance policies and benefits provided
by all other annuity and pure endowment contracts, shall be
calculated by a method consistent with the principles of this
subsection.
(f) This subsection shall apply to all annuity and pure endow-
ment contracts other than group annuity and pure endowment con-
tracts purchased under a retirement plan or plan of deferred compen-
sation established or maintained by an employer, including a partner-
ship or sole proprietorship, or by an employee organization or by
both, other than a plan providing individual retirement accounts or
individual retirement annuities under Section 408 of the Internal
Revenue Code. Reserves according to the Commissioners annuity
reserve method for benefits under annuity or pure endowment con-
tracts, excluding any disability and accidental death benefits in the
contracts, shall be the greatest of the respective excesses of the
present values at the date of valuation of the future guaranteed
benefits, including guaranteed nonforfeiture benefits provided for by
the contracts at the end of each respective contract year, over the
present value at the date of valuation of any future valuation consid-
erations derived from future gross considerations required by the
terms of the contract that become payable prior to the end of the
respective contract year. The future guaranteed benefits shall be
determined by using the mortality table, if any, and the interest rate
or rates, specified in such contracts for determining guaranteed
benefits. The valuation considerations are the portions of the respec-
GEORGIA LAWS 1984 SESSION
73
tive gross considerations applied under the terms of the contracts to
determine nonforfeiture values.
(g) In no event shall an insurers aggregate reserve for all life
insurance policies, excluding disability and accidental death benefits
issued on or after January 1,1966, be less than the aggregate reserves
calculated in accordance with the methods set forth in subsections
(e), (f), (j)> and (k) of this Code section and the mortality table or
tables and rate or rates of interest used in calculating nonforfeiture
benefits for the policies.
(h) (1) Reserves for all policies and contracts issued prior to
January 1, 1966, may be calculated, at the option of the insurer,
according to any standards which produce greater aggregate
reserves for all the policies and contracts than the minimum
reserves required by the laws in effect immediately prior to that
date.
(2) For any category of policies, contracts, or benefits speci-
fied in subsection (d) of this Code section issued on or after
January 1,1966, reserves may be calculated, at the option of the
insurer, according to any standard or standards which produce
greater aggregate reserves for such category than those calculated
according to the minimum standard provided in this Code section;
but the rate or rates of interest used for policies and contracts,
other than annuity and pure endowment contracts, shall not be
higher than the corresponding rate or rates of interest used in
calculating any nonforfeiture benefits provided for in the policies
and contracts.
(i) An insurer who at any time had adopted any standard of
valuation producing greater aggregate reserves than those calculated
according to the minimum standard provided for in subsection (g) of
this Code section may, with the approval of the Commissioner, adopt
any lower standard of valuation but not lower than the minimum
provided in this subsection.
(j) If in any contract year the gross premium charged by any life
insurer on any policy or contract issued on or after January L 1966, is
less than the valuation net premium for the policy or contract
calculated by the method used in calculating the reserve thereon but
using the minimum valuation standards of mortality and rate of
interest, the minimum reserve required for such policy or contract
74
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be the greater of either the reserve calculated according to the
mortality table, rate of interest, and method actually used for such
policy or contract or the reserve calculated by the method actually
used for the policy or contract but using the minimum valuation
standards of mortality and rate of interest and replacing the valua-
tion net premium by the actual gross premium in each contract year
for which the valuation net premium exceeds the actual gross pre-
mium. The minimum valuation standards of mortality and rate of
interest referred to in this Code section are those standards stated in
subsection (d) of this Code section. Provided that for any life insur-
ance policy issued on or after the effective date of subsection (h) of
Code Section 33-25-4 for which the gross premium in the first policy
year exceeds that of the second year and for which no comparable
additional benefit is provided in the first year for such excess and
which provides as an endowment benefit or a cash surrender value or
a combination thereof in an amount greater than such excess pre-
mium, the foregoing provisions of this subsection shall be appiled as if
the method actually used in calculating the reserve for such policy
were the method described in subsection (e) of this Code section,
ignoring the second paragraph of paragraph (1) of subsection (e) of
this Code section. The minimum reserve at each policy anniversary of
such a policy shall be the greater of the minimum reserve calculated
in accordance with subsection (e) of this Code section, including the
second paragraph of paragraph (1) of subsection (e) of this Code
section, and the minimum reserve calculated in accordance with this
subsection.
(k) In the case of any plan of life insurance which provides for
future premium determination, the amounts of which are to be
determined by the insurer based on then estimates of future experi-
ence, or in the case of any plan of life insurance or annuity which is of
such a nature that the minimum reserves cannot be determined by
the methods described in subsections (d), (e), (f), and (j) of this Code
section, the reserves which are held under any such plan must:
(1) Be appropriate in relation to the benefits and the
pattern of premiums for that plan; and
(2) Be computed by a method which is consistent with the
principles of this code section, the Standard Valuation Law
as determined by regulations promulgated by the Commissioner.
GEORGIA LAWS 1984 SESSION
75
(13) By striking Section and inserting in lieu thereof section
in subsection (e), by inserting a comma between contract and
shall in subsection (m), and by adding license between annuity
and issued in subsection (p) of Code Section 33-11-35, relating to
establishment of certain annuity contract accounts.
(14) By deleting the comma following securities and laws in
subsection (g) of Code Section 33-11-36, relating to establishment of
certain life insurance policy accounts.
(15) By striking as is and inserting in lieu thereof as are in
paragraph (2) of Code Section 33-12-2, relating to certain insurance
deposits.
(16) By striking Chapter 37 and inserting in lieu thereof
Chapter 7 in paragraph (4) of subsection (b) of Code Section 33-14-
4, relating to certain procedures for incorporation.
(17) By striking Commissioners and inserting in lieu thereof
Commissioners in subsections (b) and (d) of Code Section 33-15-15,
relating to certain nonforfeiture benefits and cash surrender values.
(18) By striking Commissioners Reserve Valuation and
inserting in lieu thereof Commissioners reserve valuation in sub-
sections (d), (e), and (f) and by striking Commis-
sioners
and inserting in lieu thereof Commissioners twice in paragraph (1)
of subsection (j) of Code Section 33-15-25, relating to filing certain
annual reports, statements, and valuation certificates.
(19) By striking not more than three and inserting in lieu
thereof any in paragraph (3) of subsection (a) of Code Section 33-
16-3, relating to procedure for incorporation of certain insurance
companies.
(20) By striking subsections (b) through (i) of Code Section 33-
25-4, relating to required nonforfeiture provisions, and inserting in
lieu thereof new subsections (b) through (i) to read as follows:
(b) (1) Any cash surrender value available under the policy in
the event of default in a premium payment due on any policy
76
GENERAL ACTS AND RESOLUTIONS, VOL. I
anniversary, whether or not required by subsection (a) of this
Code section, shall be an amount not less than the excess, if any, of
the present value on the anniversary of the future guaranteed
benefits which would have been provided for by the policy,
including any existing paid-up additions, if there had been no
default, over the sum of the then present value of the adjusted
premiums as defined in subsections (d) and (e) of this Code
section, corresponding to premiums which would have fallen due
on and after the anniversary and the amount of any indebtedness
to the insurer on account of or secured by the policy.
(2) Provided, however, that for any policy issued on or after
the operative date of subsection (e) of this Code section as defined
therein which provides supplemental life insurance or annuity
benefits at the option of the insured and for an identifiable
additional premium by rider or supplemental policy provision, the
cash surrender value referred to in paragraph (1) of this subsec-
tion shall be an amount not less than the sum of the cash
surrender value as defined in such paragraph for an otherwise
similar policy issued at the same age without such rider or
supplemental policy provision and the cash surrender value as
defined in such paragraph for a policy which provides only the
benefits otherwise provided by such rider or supplemental policy
provision.
(3) Provided, further, that for any family policy issued on or
after the operative date of subsection (e) of this Code section as
defined therein which defines a primary insured and provides
term insurance on the life of the spouse of the primary insured
expiring before the spouses age 71, the cash surrender value
referred to in paragraph (1) of this subsection shall be an amount
not less than the sum of the cash surrender value as defined in
such paragraph for an otherwise similar policy issued at the same
age without such term insurance on the life of the spouse and the
cash surrender value as defined in such paragraph for a policy
which provides only the benefits otherwise provided by such term
insurance on the life of the spouse.
(4) Any cash surrender value available within 30 days after
any policy anniversary under any policy paid up by completion of
all premium payments or any policy continued under any paid-up
nonforfeiture benefit, whether or not required by subsection (a) of
this Code section, shall be an amount not less than the present
GEORGIA LAWS 1984 SESSION
77
value on the anniversary of the future guaranteed benefits pro-
vided for by the policy, including any existing paid-up additions,
decreased by any indebtedness to the insurer on account of or
secured by tbe policy:
(c) Any paid-up nonforfeiture benefit available under the policy
in the event of default in a premium payment due on any policy
anniversary shall be such that its present value as of the anniversary
shall be at least equal to the cash surrender value then provided for by
the policy or, if none is provided for, that cash surrender value which
would have been required by this Code section in the absence of the
condition that premiums shall have been paid for at least a specified
period.
(d) (1) This subsection shall not apply to policies issued on or
after the operative date of subsection (e) of this Code section as
defined therein, except that, with respect to such policies for
which the gross premium during the first policy year includes any
additional amounts for which no comparable additional benefit is
provided during that year, this subsection shall continue to apply
until the effective date of subsection (h) of this Code section.
Except as provided in paragraph (3) of this subsection, the
adjusted premiums for any policy shall be calculated on an annual
basis and shall be such uniform percentage or percentages of the
respective premiums specified in the policy for each policy year,
excluding extra premiums on a substandard policy and excluding
any additional amounts payable during the first policy year for
which there are no comparable additional insurance benefits
provided during that year, that the present value at the date of
issue of the policy of all such adjusted premiums shall be equal to
the sum of (A) the then present value of the future guaranteed
benefits provided for by the policy; (B) two percent of the amount
of the insurance if the insurance be uniform in amount, or of the
equivalent uniform amount, as defined in paragraph (3) of this
subsection, if the amount of insurance varies with the duration of
the policy; (C) forty percent of the adjusted premium for the first
policy year; (D) twenty-five percent of either the adjusted pre-
mium for the first policy year or the adjusted premium for a whole
life policy of the same uniform or equivalent uniform amount with
uniform premiums for the whole of life issued at the same age for
the same amount of insurance, whichever is less, reduced by (E)
any additional amounts payable during the first policy year for
which there are no comparable additional insurance benefits
provided during that year.
78
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The adjusted premiums shall be a single uniform per-
centage of the respective premiums specified in the policy for each
policy year, unless the adjusted premiums result in cash surrender
values which are smaller than endowment amounts provided by
the policy prior to maturity as of the date or dates such endow-
ment amounts are provided, in which event the adjusted pre-
miums shall be determined as uniform percentages of the respec-
tive premiums specified in the policy such that no cash surrender
value is smaller than any endowment amount provided by the
policy prior to maturity as of the date or dates such endowment
amount is provided. For the purposes for this paragraph, the
Commissioner may treat any cash surrender value actually pro-
vided by the policy as equivalent to an endowment amount;
provided, however, that in applying the percentages specified in
items (C) and (D) of paragraph (1) of this subsection no adjusted
premium shall be deemed to exceed 4 percent of the amount of
insurance or uniform amount equivalent thereto. The date of issue
of a policy for the purpose of this Code section shall be the date as
of which the rated age of the insured is determined.
(3) In the case of a policy providing an amount of insurance
varying with the duration of the policy, the equivalent uniform
amount of insurance, for the purpose of this subsection, shall be
deemed to be the uniform amount of insurance provided by an
otherwise similar policy containing the same endowment benefit
or benefits, if any, issued at the same age and for the same term,
the amount of which does not vary with duration, and the benefits
under which have the same present value at the date of issue as the
benefits under the policy; provided, however, that, in the case of a
policy providing a varying amount of insurance issued on the life
of a child under age ten, the equivalent uniform amount may be
computed as though the amount of insurance provided by the
policy prior to the attainment of age ten was the amount provided
by the policy at age ten. In the case of a policy which provides pure
endowment benefits which are payable without reducing the
amount of insurance provided by the policy and which may be
applied to provide additional amounts of paid-up life insurance,
the equivalent uniform amount of insurance shall be determined
on the amounts of insurance which would be effective if all the
pure endowment benefits were applied to provide such additional
amounts of paid-up life insurance.
GEORGIA LAWS 1984 SESSION
79
(4) The adjusted premiums for any policy providing term
insurance benefits by rider or supplemental policy provision shall
be equal to (A) the adjusted premiums for an otherwise similar
policy issued at the same age without such term insurance bene-
fits, increased, during the period for which premiums for such
term insurance benefits are payable, by (B) the adjusted pre-
miums for such term insurance, items (A) and (B) of this para-
graph being calculated separately and as specified in paragraphs
(1) through (3) of this subsection, except that, for the purpose of
items (B), (C), and (D) of paragraph (1) of this subsection, the
amount of insurance or equivalent uniform amount of insurance
used in the calculation of the adjusted premiums referred to in
item (B) of this paragraph shall be equal to the excess of the
corresponding amount determined for the entire policy over the
amount used in the calculation of the adjusted premiums in item
(A) of this paragraph.
(5) All adjusted premiums and present values referred to in
this Code section shall, for all policies of ordinary insurance, be
calculated on the basis of the Commissioners 1958 Standard
Ordinary Mortality Table, provided that, for any category of
ordinary insurance issued on female risks, adjusted premiums and
present values may be calculated according to an age not more
than six years younger than the actual age of the insured. Such
calculations for all policies of industrial insurance shall be made
on the basis of the 1941 Standard Industrial Mortality Table;
provided, however, that any insurer may file with the Commis-
sioner a written notice of its election that such adjusted premiums
and present values shall be calculated on the basis of the Commis-
sioners 1961 Standard Industrial Mortality Table, after a speci-
fied date before January 1,1968, and, whether or not any election
has been made, such calculations for all policies of industrial
insurance, issued on or after January 1,1968, shall be made on the
basis of the Commissioners 1961 Standard Industrial Mortality
Table. All calculations shall be made on the basis of the rate of
interest specified in the policy for calculating cash surrender
values and paid-up nonforfeiture benefits. Such rate of interest
shall not exceed 3 1/2 percent per annum, except that a rate of
interest not exceeding 4 percent per annum may be used for
policies issued on or after July 1,1973; and prior to July 1,1979, a
rate of interest not exceeding 5 1/2 percent per annum may be
used for policies issued on or after July 1,1979; and for any single
premium whole life or endowment insurance policy, a rate of
80
GENERAL ACTS AND RESOLUTIONS, VOL. I
interest not exceeding 6 1/2 percent per annum may be used. In
calculating the present value of any paid-up term insurance with
accompanying pure endowment, if any, offered as a nonforfeiture
benefit, the rates of mortality assumed in the case of ordinary
policies may not be more than those shown in the Commissioners
1958 Extended Term Insurance Table and in the case of industrial
policies may not be more than 130 percent of the rates of mortality
according to the 1941 Standard Industrial Mortality Table. After
January 1,1968, when the Commissioners 1961 Standard Indus-
trial Mortality Table becomes applicable, such rates of mortality
assumed may be not more than those shown in the Commissioners
1961 Industrial Extended Term Insurance Table. For insurance
issued on a substandard basis, the calculation of any adjusted
premiums and present values may be based on such other table of
mortality as may be specified by the insurer and approved by the
Commissioner.
(e) (1) This subsection shall apply to any life insurance policy
issued on or after January 1,1989, or such earlier date as may have
been elected by the insurer with respect to such policy in accord-
ance with the provisions of paragraph (11) of this subsection.
Except as provided in paragraph (3) of this subsection, the
adjusted premiums for any policy shall be calculated on an annual
basis and shall be such uniform percentage of the respective
premiums specified in the policy for each policy year, excluding
amounts payable as extra premiums to cover impairments or
special hazards and also excluding any uniform annual contract
charge or policy fee specified in the policy in a statement of the
method to be used in calculating the cash surrender values and
paid-up nonforfeiture benefits, that the present value, at the date
of issue of the policy, of all adjusted premiums shall be equal to the
sum of (A) the then present value of the future guaranteed
benefits provided for by the policy; (B) one percent of either the
amount of insurance, if the insurance is uniform in amount, or the
average amount of insurance at the beginning of each of the first
ten policy years; and (C) 125 percent of the nonforfeiture net level
premium as hereinafter defined; provided, however, that in apply-
ing the percentage specified in item (C) of this paragraph no
nonforfeiture net level premium shall be deemed to exceed 4
percent of either the amount of insurance, if the insurance is
uniform in amount, or the average amount of insurance at the
beginning of each of the first ten policy years. The date of issue of
a policy for the purpose of this subsection shall be the date as of
which the rated age of the insured is determined.
GEORGIA LAWS 1984 SESSION
81
(2) The nonforfeiture net level premium shall be equal to
the present value, at the date of issue of the policy, of the
guaranteed benefits provided for by the policy divided by the
present value, at the date of issue of the policy, of an annuity of
one per annum payable on the date of issue of the policy and on
each anniversary of such policy on which a premium falls due.
(3) In the case of policies which cause on a basis guaranteed
in the policy unscheduled changes in benefits or premiums or
which provide an option for changes in benefits or premiums other
than a change to a new policy, the adjusted premiums and present
values shall initially be calculated on the assumption that future
benefits and premiums do not change from those stipulated at the
date of issue of the policy. At the time of any such change in the
benefits or premiums the future adjusted premiums, nonforfeiture
net level premiums and present values shall be recalculated on the
assumption that the future benefits and premiums do not change
from those stipulated by the policy immediately after the change.
(4) Except as otherwise provided in paragraph (7) of this
subsection, the recalculated future adjusted premiums for any
such policy shall be such uniform percentage of the respective
future premiums specified in the policy for each policy year,
excluding amounts payable as extra premiums to cover impair-
ments and special hazards and also excluding any uniform annual
contract charge or policy fee specified in the policy in a statement
of the method to be used in calculating the cash surrender values
and paid-up nonforfeiture benefits, that the present value, at the
time of change to the newly defined benefits or premiums, of all
such future adjusted premiums shall be equal to the excess of (A)
the sum of (i) the then present value of the then future guaranteed
benefits provided for by the policy and (ii) the additional expense
allowance, if any, over (B) the then cash surrender value, if any, or
present value of any paid-up nonforfeiture benefit under the
policy.
(5) The additional expense allowance, at the time of the
change to the newly defined benefits or premiums, shall be the
sum of (A) 1 percent of the excess, if positive, of the average
amount of insurance at the beginning of each of the first ten policy
years subsequent to the change over the average amount of
insurance prior to the change at the beginning of each of the first
ten policy years subsequent to the time of the most recent
82
GENERAL ACTS AND RESOLUTIONS, VOL. I
previous change, or, if there has been no previous change, the date
of issue of the policy; and (B) 125 percent of the increase, if
positive, in the nonforfeiture net level premium.
(6) The recalculated nonforfeiture net level premium shall
be equal to the result obtained by dividing (A) by (B) where
(A) Equals the sum of:
(i) The nonforfeiture net level premium applica-
ble prior to the change times the present value of an
annuity of one per annum payable on each anniversary of
the policy on or subsequent to the date of the change on
which a premium would have fallen due had the change
not occurred; and
(ii) The present value of the increase in future
guaranteed benefits provided for by the policy; and
(B) Equals the present value of an annuity of one per
annum payable on each anniversary of the policy on or
subsequent to the date of change on which a premium falls
due.
(7) Notwithstanding any other provisions of this subsection
to the contrary, in the case of a policy issued on a substandard
basis which provides reduced graded amounts of insurance so
that, in each policy year, such policy has the same tabular mortal-
ity cost as an otherwise similar policy issued on the standard basis
which provides higher uniform amounts of insurance, adjusted
premiums and present values for such substandard policy may be
calculated as if it were issued to provide such higher uniform
amounts of insurance on the standard basis.
(8) All adjusted premiums and present values referred to in
this Code section shall for all policies of ordinary insurance be
calculated on the basis of (A) the Commissioners 1980 Standard
Ordinary Mortality Table or (B) at the election of the insurer for
any one or more specified plans of life insurance, the Commis-
sioners 1980 Standard Ordinary Mortality Table with Ten-Year
Select Mortality Factors; shall for all policies of industrial insur-
ance be calculated on the basis of the Commissioners 1961 Stan-
dard Industrial Mortality Table; and shall for all policies issued in
GEORGIA LAWS 1984 SESSION
83
a particular calendar year be calculated on the basis of a rate of
interest not exceeding the nonforfeiture interest rate as defined in
this subsection for policies issued in that calendar year; provided,
however, that:
(A) At the option of the insurer, calculations for all
policies issued in a particular calendar year may be made on
the basis of a rate of interest not exceeding the nonforfeiture
interest rate, as defined in this subsection, for policies issued
in the immediately preceding calendar year;
(B) Under any paid-up nonforfeiture benefit, including
any paid-up dividend additions, any cash surrender value
available, whether or not required by subsection (a) of this
Code section, shall be calculated on the basis of the mortality
table and rate of interest used in determining the amount of
such paid-up nonforfeiture benefit and paid-up dividend
additions, if any;
(C) An insurer may calculate the amount of any guaran-
teed paid-up nonforfeiture benefit including any paid-up
additions under the policy on the basis of an interest rate no
lower than that specified in the policy for calculating cash
surrender values;
(D) In calculating the present value of any paid-up
term insurance with accompanying pure endowment, if any,
offered as a nonforfeiture benefit, the rates of mortality
assumed may be not more than those shown in the Commis-
sioners 1980 Extended Term Insurance Table for policies of
ordinary insurance and not more than the Commissioners
1961 Industrial Extended Term Insurance Table for policies
of industrial insurance;
(E) For insurance issued on a substandard basis, the
calculation of any such adjusted premiums and present values
may be based on appropriate modifications of the aforemen-
tioned tables;
(F) Any ordinary mortality tables adopted after 1980
by the National Association of Insurance Commissioners that
are approved by regulation promulgated by the Commis-
sioner for use in determining the minimum nonforfeiture
84
GENERAL ACTS AND RESOLUTIONS, VOL. I
standard may be substituted for the Commissioners 1980
Standard Ordinary Mortality Table with or without Ten-
Year Select Mortality Factors or for the Commissioners 1980
Extended Term Insurance Table;
(G) Any industrial mortality tables adopted after 1980
by the National Association of Insurance Commissioners that
are approved by regulation promulgated by the Commis-
sioner for use in determining the minimum nonforfeiture
standard may be substituted for the Commissioners 1961
Standard Industrial Mortality Table or the Commissioners
1961 Industrial Extended Term Insurance Table.
(9) The nonforfeiture interest rate per annum for any policy
issued in a particular calendar year shall be equal to 125 percent of
the calendar year statutory valuation interest rate for such policy
as defined in Code Section 33-10-13, the Standard Valuation Law,
rounded to the nearer one quarter of 1 percent.
(10) Notwithstanding any other provision in this title to the
contrary, any refiling of nonforfeiture values or their methods of
computation for any previously approved policy form which
involves only a change in the interest rate or mortality table used
to compute nonforfeiture values shall not require refiling of any
other provisions of that policy form.
(11) After November 1, 1982, any insurer may file with the
Commissioner a written notice of its election to comply with the
provisions of this subsection with respect to specified policy forms
after a specified date before January 1, 1989, which shall be the
operative date of this subsection for such specified policy forms. If
an insurer makes no such election, the operative date of this
subsection for such insurer shall be January 1,1989.
(f) In the case of any plan of life insurance which provides for
future premium determination, the amounts of which are to be
determined by the insurer based on then estimates of future experi-
ence, or in the case of any plan of life insurance which is of such a
nature that minimum values cannot be determined by the methods
described in subsections (a), (b), (c), (d), or (e) of this Code section,
then:
GEORGIA LAWS 1984 SESSION
85
(1) The Commissioner must be satisfied that the benefits
provided under the plan are substantially as favorable to policy-
holders and insureds as the minimum benefits otherwise required
by subsections (a) through (e) of this Code section;
(2) The Commissioner must be satisfied that the benefits
and the pattern of premiums of that plan are not such as to
mislead prospective policyholders or insureds;
(3) The cash surrender values and paid-up nonforfeiture
benefits provided by such plan must not be less than the minimum
values and benefits required for the plan computed by a method
consistent with the principles of this Code section, as determined
by regulations promulgated by the Commissioner.
(g) Any cash surrender value and any paid-up nonforfeiture
benefit available under the policy in the event of default in a premium
payment due at any time other than on the policy anniversary shall be
calculated with allowance for the lapse of time and the payment of
fractional premiums beyond the last preceding policy anniversary,
except that, in the case of industrial insurance, proportionate
increases in value may be calculated on the basis of quarter-year
payment. All values referred to in subsections (b) through (e) of this
Code section may be calculated upon the assumption that any death
benefit is payable at the end of the policy year of death. The net value
of any paid-up additions, other than paid-up term additions, shall be
not less than the amounts used to provide such additions. Notwith-
standing subsection (b) of this Code section, additional benefits
payable (1) in the event of death or dismemberment by accident or
accidental means; (2) in the event of total and permanent disability;
(3) as reversionary annuity or deferred reversionary annuity benefits;
(4) as term insurance benefits provided by a rider or supplemental
policy provision to which, if issued as a separate policy, this Code
section would not apply; (5) as term insurance on the life of a child, or
on the lives of children provided in a policy on the life of a parent of
the child, if the term insurance expires before the child attains age 26,
is uniform in amount after the child attains age one and has not
become paid up by reason of the death of a parent of the child; or (6)
as other policy benefits additional to life insurance and endowment
benefits, and premiums for all such additional benefits shall be
disregarded in ascertaining cash surrender values and nonforfeiture
benefits required by this Code section, and no such additional bene-
fits shall be required to be included in any paid-up nonforfeiture
benefits.
86
GENERAL ACTS AND RESOLUTIONS, VOL. I
(h) (1) This subsection, in addition to all other applicable
subsections of this Code section, shall apply to all policies issued
on or after January 1, 1986, except that, with respect to such
policies for which the gross premium during the first policy year
includes any additional amounts for which no comparable addi-
tional benefit is provided during that year, this subsection shall
apply to any such policies issued after a specified operative date
before January 1,1986, as defined in subsection (e) of this Code
section. Any cash surrender value available under the policy in the
event of default in a premium payment due on any policy anniver-
sary shall be in an amount which does not differ by more than two
tenths of 1 percent of either the amount of insurance, if the
insurance is uniform in amount, or the average amount of insur-
ance at the beginning of each of the first ten policy years, from the
sum of (A) the greater of zero and the basic cash value hereinafter
specified and (B) the present value of any existing paid-up addi-
tions less the amount of any indebtedness to the insurer under the
policy.
(2) The basic cash value shall be equal to the present value
on such anniversary of the future guaranteed benefits which
would have been provided for by the policy, excluding any existing
paid-up additions and before deduction of any indebtedness to the
insurer, if there had been no default, less the then present value of
the nonforfeiture factors, as hereinafter defined, corresponding to
premiums which would have fallen due on and after such anniver-
sary; provided, however, that the effects on the basic cash value of
supplemental life insurance or annuity benefits or of family
coverage, as described in subsection (b) or (d) of this Code section,
whichever is applicable, shall be the same as are the effects
specified in subsection (b) or (d) of this Code section, whichever is
applicable, on the cash surrender values defined in that subsec-
tion.
(3) The nonforfeiture factor for each policy year shall be an
amount equal to a percentage of the adjusted premium for the
policy year, as defined in subsection (d) or (e) of this Code section,
whichever is applicable. Except as is required by paragraph (4) of
this subsection, such percentage:
(A) Must be the same percentage for each policy year
between the second policy anniversary and the later of (i) the
fifth policy anniversary and (ii) the first policy anniversary at
GEORGIA LAWS 1984 SESSION
87
which there is available under the policy a cash surrender
value in an amount, before including any paid-up additions
and before deducting any indebtedness, of at least two tenths
of 1 percent of either the amount of insurance, if the insur-
ance is uniform in amount, or the average amount of insur-
ance at the beginning of each of the first ten policy years; and
(B) Must be such that no percentage after the later of
the two policy anniversaries specified in subparagraph (A) of
this paragraph may apply to fewer than five consecutive
policy years.
(4) Provided, that no basic cash value may be less than the
value which would be obtained if the adjusted premiums for the
policy, as defined in subsection (d) or (e) of this Code section,
whichever is applicable, were substituted for the nonforfeiture
factors in the calculation of the basic cash value.
(5) All adjusted premiums and present values referred to in
this subsection shall for a particular policy be calculated on the
same mortality and interest bases as are used in demonstrating
the policys compliance with the other subsections of this Code
section. The cash surrender values referred to in this subsection
shall include any endowment benefits provided for by the policy.
(6) Any cash surrender value available other than in the
event of default in a premium payment due on a policy anniver-
sary and the amount of any paid-up nonforfeiture benefit
available under the policy in the event of default in a premium
payment shall be determined in manners consistent with the
manners specified for determining the analogous minimum
amounts in subsections (a), (b), (c), (e), and (g) of this Code
section. The amounts of any cash surrender values and of any
paid-up nonforfeiture benefits granted in connection with addi-
tional benefits such as those listed as items (1) through (6) in
subsection (g) of this Code section shall conform with the princi-
ples of this subsection.
(i) This Code section shall not apply to any of the following:
(1) Reinsurance;
88
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Group insurance;
(3) Pure endowment;
(4) Annuity or reversionary annuity contract;
(5) Term policy of uniform amount, which provides no
guaranteed nonforfeiture or endowment benefits, or renewal
thereof, of 20 years or less expiring before age 71, for which
uniform premiums are payable during the entire term of the
policy;
(6) Term policy of decreasing amount, which provides no
guaranteed nonforfeiture or endowment benefits, on which each
adjusted premium, calculated as specified in subsections (d) and
(e) of this Code section, is less than the adjusted premium so
calculated on a term policy of uniform amount, or renewal thereof,
which provides no guaranteed nonforfeiture or endowment bene-
fits, issued at the same age and for the same initial amount of
insurance and for a term of 20 years or less expiring before age 71,
for which uniform premiums are payable during the entire term of
the policy; nor
(7) Policy, which provides no guaranteed nonforfeiture or
endowment benefits, for which no cash surrender value, if any, or
present value of any paid-up nonforfeiture benefit, at the begin-
ning of any policy year, calculated as specified in subsections (b),
(c), (d), and (e) of this Code section, exceeds 2 1/2 percent of the
amount of insurance at the beginning of the same policy year.
For purposes of determining the applicability of this Code section,
the age at expiry for a joint term life insurance policy shall be the age
at expiry of the oldest life.
(21) By striking Commissioners Reserve Valuation Method
and inserting in lieu thereof Commissioners reserve valuation
method in subsection (b) of Code Section 33-25-5, relating to certain
provisions excluding liability for death.
(22) By striking subparagraphs (A) or (B) and inserting in lieu
thereof subparagraph (A) or (B) of this paragraph in subparagraph
(b)(8)(C) of Code Section 33-29-3, relating to required policy provi-
sions.
GEORGIA LAWS 1984 SESSION
89
(23) By striking subparagraphs (A) or (B) and inserting in lieu
thereof subparagraph (A) or (B) of this paragraph in subparagraph
(b) (5)(C) of Code Section 33-30-6, relating to blanket accident and
sickness policies.
(24) By striking Chaper and inserting in lieu thereof chap-
ter in subsection (b) of Code Section 33-34-14, relating to motorcycle
liability insurance.
(25) By striking assemblying and inserting in lieu thereof
assembling in subparagraph (A) of paragraph (7), by striking
insurance support and inserting in lieu thereof insurance-sup-
port and by striking 33-18,33-19,33-20, and 33-21 and inserting in
lieu thereof 18, 19, 20, and 21 in paragraph (12), and by striking
subsection and inserting in lieu thereof paragraph and deleting
of this chapter in paragraph (23) of Code Section 33-39-3, relating
to definitions regarding insurance institutions.
(26) By striking the semicolon and inserting in lieu thereof a
period at the end of paragraph (3) of subsection (a), by adding of this
Code section following subsection (a) in subsection (b), by delet-
ing of this chapter in paragraphs (3) and (4) of subsection (b), by
adding of this Code section following subsection (b) in subsection
(c) and in paragraph (4) of subsection (c) of Code Section 33-39-5,
relating to transactions requiring certain notice.
(27) By adding of this Code section following subsection (a)
in subsection (e) of Code Section 33-39-9, relating to certain requests
for recorded personal information.
(28) By adding of this Code section following subsection (c)
in subparagraph (a)(2)(C), by adding of this Code section following
subsection (a) in subsection (b), by striking subsection (c) above
and inserting in lieu thereof subsection (c) of this Code section in
subsection (d), and by striking subsection (b) above and inserting
in lieu thereof subsection (b) of this Code section in paragraph (3)
of subsection (d) of Code Section 33-39-10, relating to requests to
correct and amend certain recorded personal information.
(29) By deleting of this chapter in paragraph (2) of subsection
(a) of Code Section 33-39-11, relating to procedures upon certain
adverse underwriting decisions.
90
GENERAL ACTS AND RESOLUTIONS, VOL. I
(30) By striking in and inserting in lieu thereof an in
paragraph (2) of Code Section 33-39-13, relating to limitation of
adverse underwriting decisions.
(31) By deleting of this chapter in subparagraph (A) of para-
graph (1), by striking no and inserting in lieu thereof No, and by
striking medical record and inserting in lieu thereof medical-
record in subparagraph (A) of paragraph (18) and by striking the
and inserting in lieu thereof The in subparagraph (B) of paragraph
(18) of Code Section 33-39-14, relating to certain disclosures in
insurance transactions.
(32) By striking Chapter 33-2 and inserting in lieu thereof
Chapter 2 of this title in subsection (c) of Code Section 33-39-16,
relating to service of charges and notice of hearing.
(33) By deleting of this chapter each time it appears following
Code Section 33-39-20 in subsection (c) of Code Section 33-39-18,
relating to service of findings and cease and desist orders.
(34) By deleting of this chapter in subsection (b) of Code
Section 33-39-19, relating to certain monetary penalties.
(35) By deleting of this chapter in subsection (a), by deleting
of this chapter both times it appears in subsection (b), and by
striking the designation (6) and inserting in lieu thereof (e) in
Code Section 33-39-21, relating to granting certain equitable relief.
Section 34. Title 34 of the Official Code of Georgia Annotated,
relating to labor and industrial relations, is amended as follows:
(1) By striking the date so selected and inserting in lieu
thereof the dates so selected in Code Section 34-7-2, relating to
payment of wages.
(2) By striking computaton and inserting in lieu thereof com-
putation in subsection (f) of Code Section 34-8-122, relating to
determination of employer contributions to workers compensation,
by striking the heading of the last column from the second table
entitled RATE TABLE in subsection (h) of said Code section 34-8-
122, which reads as follows:
GEORGIA LAWS 1984 SESSION
91
The Contri-
tion Rate Is
(Percent),
and inserting in lieu thereof the following:
The Contri-
bution Rate Is
(Percent),
and by striking 3.26 and inserting in lieu thereof 3.36 from the
last line of the fifth column in the second table entitled RATE
TABLE FOR EMPLOYERS WITH DEFICIT RESERVE
ACCOUNTS in subsection (h) of said Code section.
(3) By striking penalties, that, and inserting in lieu thereof
penalties that, in paragraph (5) of subsection (c) and by striking
15 days and inserting in lieu thereof 30 days in paragraph (4) of
subsection (d) of Code Section 34-8-123, relating to financing of
benefits paid employees of nonprofit organizations.
(4) By striking United States secretary of labor and inserting
in lieu thereof United States Secretary of Labor in divisions
(a)(2)(C)(i) and (ii), in subparagraph (a)(5)(A), and in paragraph (7)
of subsection (a) of Code Section 34-8-155, relating to eligibility
requirements for extended benefits.
(5) By striking the integral value of the quotient and inserting
in lieu thereof the integer value of the quotient in the first undesig-
nated paragraph of paragraph (3) of Code Section 34-8-158, relating
to grounds for disqualification for unemployment benefits.
(6) By striking common carriers, by railroad and inserting in
lieu thereof common carriers by railroad in subsection (a), by
striking trade or commerce nor shall and inserting in lieu thereof
trade or commerce; nor shall in said subsection, by striking busi-
ness, occupation or profession and inserting in lieu thereof busi-
ness, occupation, or profession in said subsection, by striking
person, firm or private and inserting in lieu thereof person, firm,
or private in said subsection, and by striking this State and
inserting in lieu thereof this state both times that it appears in said
subsection of Code Section 34-9-2, relating to the applicability of the
workers compensation chapter generally.
92
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) By striking Code Section 34-9-81.1 and inserting in lieu
thereof Code section in Code Section 34-9-81.1, relating to the
board of workers compensations duty to provide notice to injured
workers.
(8) By striking in excess in and inserting in lieu thereof in
excess of in subsection (a) of Code Section 34-9-108, relating to
approval of attorneys fees by board of workers compensation.
Section 35. Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, is amended as
follows:
(1) By striking data gathering and inserting in lieu thereof
data-gathering in subparagraph (B) of paragraph (4) and by strik-
ing full-time or part-time and inserting in lieu thereof full time or
part time in paragraph (6) of Code Section 35-3-30, relating to
definitions relative to the Georgia Crime Information Center.
(2) By striking well-known, and inserting well-known offend-
ers, following career criminals, in subparagraph (B) of paragraph
(1) and by striking the period and inserting in lieu thereof a semicolon
at the end of subparagraph (D) of paragraph (1) of Code Section 35-3-
33, relating to powers and duties of the Georgia Crime Information
Center generally.
(3) By striking Investigation full face and inserting in lieu
thereof Investigation, full-face in subsection (c) of Code Section 35-
3-36, relating to duties of state criminal justice agencies as to submis-
sion of fingerprints and photographs to the Georgia Crime Informa-
tion Center.
(4) By striking Code Section 35-3-60, relating to legislative
findings relative to the Antiterrorism Task Force, and inserting in
lieu thereof a new Code Section 35-3-60 to read as follows:
35-3-60. This article shall be known and may be cited as the
Antiterrorism Act.
(5) By striking subsection (a) of Code Section 35-3-61, relating
to the short title, purpose, and liberal construction of the
Antiterrorism Act, and inserting in lieu thereof a new subsection
(a) to read as follows:
GEORGIA LAWS 1984 SESSION
93
(a) 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 combating
these violent and terroristic acts.
(6) By striking Code Section 35-3-62, relating to the definition of
terroristic acts, in its entirety and inserting in lieu thereof a new Code
Section 35-3-62 to read as follows:
35-3-62. As used in this article, the term terroristic 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 Consti-
tution and laws of this state and the United States and any illegal act
directed at other persons or their property because of that persons
political beliefs or political affiliation.
(7) By deleting the comma following the word acts in Code
Section 35-3-63, relating to the creation and purpose of the
Antiterrorism Task Force.
(8) By striking Commissioner of the Department of Offender
Rehabilitation and inserting in lieu thereof commissioner of
offender rehabilitation in paragraph (1) of subsection (a) of Code
Section 35-6A-3, relating to membership of the Criminal Justice
Coordinating Council.
Section 36. Title 36 of the Official Code of Georgia Annotated,
relating to local government, is amended as follows:
(1) By deleting and following the semicolon at the end of
subparagraph (a)(2)(A) of Code Section 36-35-6, relating to limita-
tions on home rule powers of municipal corporations.
(2) By striking project operation and inserting in lieu thereof
project in operation in subparagraph (D) of paragraph (2) of Code
Section 36-62-2, relating to definitions relative to development
authorities.
94
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) By striking subsection (e) of Code Section 36-62-5, relating
to the directors of development authorities generally, which reads as
follows:
(e) (1) The provisions of Code Sections 45-10-3 and 45-10-23
shall apply to all directors of the authority. The provisions of
paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23
shall be deemed to have been complied with and the authority
may purchase from, sell to, borrow from, loan to, contract with, or
otherwise deal with any director or any organization or person
with which any director of the authority is in any way interested or
involved, provided (1) that any interest or involvement by such
director is disclosed in advance to the directors of the authority
and is recorded in the minutes of the authority, (2) that no
director having a substantial interest or involvement may be
present at that portion of an authority meeting during which
discussion of any matter is conducted involving any such organiza-
tion or person, and (3) that no director having a substantial
interest or involvement may participate in any decision of the
authority relating to any matter involving such organization or
person. As used in this subsection, a substantial interest or
involvement shall mean any interest or involvement which rea-
sonably may be expected to result in a direct financial benefit to
such director as determined by the authority, which determina-
tion shall be final and not subject to review.
(2) Nothing contained herein or in Code Sections 45-10-3
and 45-10-23 shall be deemed to prohibit any director who is
present at any meeting or who participates in any decision of the
authority from providing legal services in connection with any of
the undertakings of the authority or from being paid for such
services.,
and inserting in lieu thereof a new subsection (e) to read as follows:
(e) (1) (A) The provisions of Code Section 45-10-3 shall apply
to all directors of the authority, and a director of the authority
shall not engage in any transaction with the authority.
(B) The provisions of paragraph (9) of Code Section 45-
10-3 and subparagraph (A) of this paragraph shall be deemed
to have been complied with and the authority may purchase
from, sell to, borrow from, loan to, contract with, or otherwise
GEORGIA LAWS 1984 SESSION
95
deal with any director or any organization or person with
which any director of the authority is in any way interested or
involved, provided (1) that any interest or involvement by
such director is disclosed in advance to the directors of the
authority and is recorded in the minutes of the authority, (2)
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 substan-
tial interest or involvement 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.
(2) Nothing contained in paragraph (1) of this subsection or
in Code Section 45-10-3 shall be deemed to prohibit any director
who is present at any meeting or who participates in any decision
of the authority from providing legal services in connection with
any of the undertakings of the authority or from being paid for
such services.
(4) By deleting the comma following the word Code in sub-
paragraph (A) of paragraph (2) of Code Section 36-62-9, relating to
the purposes of the Development Authorities Law.
(5) By striking Code Section 36-62A-1, relating to ethics and
conflicts of interest of directors and members of certain authorities
generally, which reads as follows:
36-62A-1. (a) Code Section 45-10-3, relating to code of ethics
of members of boards, commissions, and authorities, and Code Sec-
tion 45-10-23, which prohibits members of boards, bureaus, and
commissions from contracting with agencies on which they serve as
members, shall apply to all directors and members of any downtown
development authority created pursuant to Chapter 42 of this title,
known as the Downtown Development Authorities Law, or of any
authority created by or pursuant to a local constitutional amendment,
whether for the purpose of promoting the development of trade,
commerce, industry, and employment opportunities or for other
96
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 advance to the directors or mem-
bers 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 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.
(b) Nothing contained herein or in Code Sections 45-10-3 and
45-10-23 shall be deemed to prohibit any director who is present at
any meeting or who participates in any decision of the authority from
providing legal services in connection with any of the undertakings of
the authority or from being paid for such services.,
and inserting in lieu thereof a new Code Section 36-62A-1 to read as
follows:
36-62A-1. (a) (1) All directors and members of any down-
town development authority created pursuant to Chapter 42 of
this title, known as the Downtown Development Authorities
Law, or of any authority created by or pursuant to a local
constitutional amendment, whether for the purpose of promoting
the development of trade, commerce, industry, and employment
opportunities or for other purposes, to the extent that the Consti-
tution of Georgia 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
GEORGIA LAWS 1984 SESSION
97
amendment shall comply with the provisions of Code Section 45-
10-3, relating to a code of ethics of members of boards, commis-
sions, and authorities and shall not engage in any transaction with
the authority.
(2) The provisions of paragraph (9) of Code Section 45-10-3
and of paragraph (1) of this subsection shall be deemed to have
been complied with and any such authority may purchase from,
sell to, borrow from, loan to, contract with, or otherwise deal with
any director or member or any organization or person with which
any director or member of said authority is in any way interested
or involved, provided (1) that any interest or involvement by such
director or member is disclosed in advance to the directors or
members of the authority and is recorded in the minutes of the
authority, (2) that no director having a 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 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 author-
ity, which determination shall be final and not subject to review.
(b) Nothing contained in subsection (a) of this Code section or in
Code Section 45-10-3 shall be deemed to prohibit any director who is
present at 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.
(6) By striking Georgia Security Law and inserting in lieu
thereof Georgia Securities Law in subsection (a) of Code Section
36-63-11, relating to construction of the Resource Recovery Devel-
opment Authorities Law.
(7) By striking any city officer and inserting in lieu thereof
any county officer from the last sentence of paragraph (7) of Code
Section 36-81-2, relating to definitions relative to minimum budget-
ing and auditing requirements for local government.
98
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) By striking two-thirds vote and inserting in lieu thereof
two-thirds vote in subsection (d) and by striking the comma and
inserting a semicolon preceding the word provided in subsection (e)
of Code Section 36-82-1, relating to the procedure for authorization of
bonded debt of local governments.
(9) By inserting a comma between municipal corporation and
or twice in division (4)(C)(iv) of Code Section 36-82-61, relating to
definitions relative to the Revenue Bond Law.
(10) By striking municipality and inserting in lieu thereof
governmental body in the first sentence of Code Section 36-82-72,
relating to construction of Code Sections 36-82-67 through 36-82-71.
(11) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraph (1), and by striking the period and
inserting in lieu thereof ; and at the end of subparagraph (B) of
paragraph (2) of Code Section 36-82-140, relating to use of facsimile
signatures and seals.
Section 37. Title 37 of the Official Code of Georgia Annotated,
relating to mental health, is amended as follows:
(1) By striking under under Code Section and inserting in lieu
thereof under Code Section in subsection (a) of Code Section 37-3-
148, relating to the right of patients in mental health facilities to
petition for writ of habeas corpus.
(2) By striking Article I, Section I, Paragraph XXIV of the
Constitution of Georgia and inserting in lieu thereof Article I,
Section I, Paragraph XXVII of the Constitution of the State of
Georgia of 1983 in subparagraph (D) of paragraph (5) of Code
Section 37-9-2, relating to definitions relative to The Patient Cost of
Care Act.
Section 38. Title 38 of the Official Code of Georgia Annotated,
relating to military, emergency management, and veterans affairs, is
amended as follows:
(1) By adding of this Code section following subsection (b)
in subsection (c) of Code Section 38-4-6, relating to policy recommen-
dations and appointment of a commissioner by the Veterans Service
Board.
GEORGIA LAWS 1984 SESSION
99
Section 39. Reserved.
Section 40. Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, is amended as follows:
(1) By striking subsection (b) of Code Section 40-2-72, relating
to special license plates for disabled persons, in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) A hearing impaired person otherwise qualified under this
subsection shall be eligible to have issued to him a specially desig-
nated disabled persons license plate in accordance with this Code
section. As used in this Code section, hearing impaired person shall
have the same meaning as defined in Code Section 24-9-101, except
that the term hearing impaired person shall not include any person
who is not qualified for a drivers license pursuant to Code Section 40-
5-35, relating to reports by physicians and vision specialists in con-
nection with the issuance or revocation of drivers licenses, as now or
hereafter amended.
(2) By striking citizens band radio and inserting in lieu
thereof citizens band radio both times that it appears in subsection
(a) of Code Section 40-2-74, relating to special license plates for
citizens band radio operators.
(3) By adding a second sentence to subsection (b) of Code
Section 40-4-21, relating to removal or falsification of identification
number, to read as follows:
A person convicted of a felony under this subsection shall be
punished by a fine of not less than $500.00 nor more than $5,000.00, or
by imprisonment for not less than one year nor more than five years,
or by both such fine and imprisonment.
(4) By redesignating Article 3.1 of Chapter 5 of Title 40, relating
to the disposition of drivers licenses of persons driving under the
influence of alcohol or drugs, as enacted by an Act approved March
29,1983 (Ga. L. 1983, p. 1000), as Article 3A of Chapter 5 of Title 40.
(5) By striking an habitual and inserting in lieu thereof a
habitual in paragraph (3) of subsection (b) of Code Section 40-5-22,
relating to persons not to be licensed.
100
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) By striking Article 3.1 and inserting in lieu thereof Article
3A in subsection (d) of Code Section 40-5-56, relating to suspension
of drivers license for failure to respond to a citation.
(7) By striking 17-9-95 and inserting in lieu thereof 17-7-95
in subsection (d) of Code Section 40-5-58, relating to revocation of
license of habitual violator.
(8) By striking an habitual and inserting in lieu thereof a
habitual in paragraph (1) of subsection (a) of Code Section 40-5-62,
relating to periods of revocation.
(9) By striking said Act and inserting in lieu thereof said
chapter in subsection (i) of Code Section 40-5-71, relating to applica-
tions for and issuance of temporary driving permits.
(10) By deleting the comma following 40-5-57 in subsection
(a) of Code Section 40-5-84, relating to reinstatement of licenses
suspended for certain offenses or points.
(11) By striking an habitual and inserting in lieu thereof a
habitual in subsection (a) and by adding a comma following 40-5-
70 in subsection (b) of Code Section 40-5-121, relating to driving
while license suspended or revoked.
(12) By striking the period and inserting in lieu thereof ; and
at the end of paragraph (2) of subsection (b) of Code Section 40-6-181,
relating to maximum speed limits.
(13) By adding and the definitions contained in Code Section
40-1-1 between the words chapter and shall in Code Section 40-
6-370, relating to uniform state-wide application of this chapter.
(14) By adding or of Code Section 40-1-1 following chapter
in Code Section 40-6-372, relating to adoption of this chapter by local
authorities.
(15) By adding or of Code Section 40-1-1 following chapter
in Code Section 40-6-373, relating to the effect of future changes in
this chapter.
(16) By adding or the definitions contained in Code Section 40-
1-1 following chapter in the introductory language of Code Sec-
GEORGIA LAWS 1984 SESSION
101
tion 40-6-374, relating to the form of adopting an ordinance, and by
adding and the definitions contained in Code Section 40-1-1 follow-
ing Uniform Rules of the Road in Section 1 of the form contained in
said Code section.
(17) By deleting of the Official Code of Georgia Annotated
both times it appears in subsection (f) of Code Section 40-6-391,
relating to driving under the influence of alcohol or drugs.
(18) By striking notify the defendant that if he fails and
inserting in lieu thereof notify the defendant that, if he fails in
subsection (d) of Code Section 40-6-391.1, relating to the entry of a
plea of nolo contendere to a charge of violating Code Section 40-6-391.
(19) By deleting the word and at the end of subparagraph
(c)(1)(C), by striking the period and inserting in lieu thereof ; and
at the end of subparagraph (c)(1)(D), and by lower-casing the word
State in subparagraph (c)(1)(E) of Code Section 40-8-73.1, relating
to affixing of materials which obstruct vision into passenger compart-
ment.
(20) By striking Georgia Highway Patrol and inserting in lieu
thereof Georgia State Patrol in subsection (c) of Code Section 40-8-
76, relating to safety belts and safety restraints for children.
(21) By striking this subsection and inserting in lieu thereof
this Code section in subsection (d) of Code Section 40-9-62, relating
to the duration of suspension of a drivers license for nonsatisfaction
of judgments.
(22) By striking insuror and inserting in lieu thereof insurer
both times that it appears in the undesignated paragraph following
subsection (b) of Code Section 40-9-103, relating to cooperation by
insured with insurer in defense of action under policy.
(23) By deleting the third sentence of subsection (a) of Code
Section 40-11-4, relating to the lien for removal, storage, and advertis-
ing of abandoned motor vehicles, which reads as follows:
Any lien acquired under this Code section must be recorded as
provided in Code Section 40-3-53.
102
GENERAL ACTS AND RESOLUTIONS, VOL. I
(24) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraph (B) of paragraphs (3) and (4) in
Code Section 40-11-5, relating to foreclosure of a lien on an aban-
doned motor vehicle.
(25) By inserting a comma preceding provided that and by
striking if his address be known and inserting in lieu thereof if his
address is known in Code Section 40-12-2, relating to service of
process on a nonresident.
Section 41. Title 41 of the Official Code of Georgia Annotated,
relating to nuisances, is amended as follows:
(1) By adding a semicolon following the quoted material in
paragraph (4) and by striking subparagraph (B) of this Code sec-
tion and inserting in lieu thereof subparagraph (B) of this para-
graph in subparagraph (C) of paragraph (7) of Code Section 41-2-9,
relating to the authority of municipalities to adopt ordinances rela-
tive to buildings and structures within the municipality.
Section 42. Title 42 of the Official Code of Georgia Annotated,
relating to penal institutions, is amended as follows:
(1) By striking Board of Offender Rehabilitation and insert-
ing in lieu thereof board both times it appears in Code Section 42-2-
2, relating to the composition and terms of the Board of Offender
Rehabilitation.
(2) By striking Department of Offender Rehabilitation and
inserting in lieu thereof department both times it appears in Code
Section 42-5-35, relating to the conferral of police powers upon
employees of the Department of Offender Rehabilitation.
(3) By striking Department of Offender Rehabilitation and
inserting in lieu thereof department in subsection (b) of Code
Section 42-5-36, relating to confidentiality of information supplied by
inmates or prepared by the Internal Investigations Unit.
(4) By striking punishment. Provided, and inserting in lieu
thereof punishment; provided, in subsection (a) of Code Section 42-
5-58, relating to the prohibition against corporal punishment of
inmates.
GEORGIA LAWS 1984 SESSION
103
(5) By redesignating subsections (a) and (b) as subsections (b)
and (a), respectively, in Code Section 42-5-85, relating to leave
privileges of inmates serving murder sentences.
(6) By striking Board of Offender Rehabilitation and insert-
ing in lieu thereof board wherever such phrase appears in Code
Section 42-5-100, relating to the termination of the power of the
Board of Offender Rehabilitation to award earned-time allowances to
inmates.
(7) By striking Department of Offender Rehabilitation and
inserting in lieu thereof department in subsection (a) of Code
Section 42-8-29.1, relating to the disposition of a probation supervi-
sors evaluation when a convicted person is committed to a penal
institution.
(8) By striking State Board of Pardons and Paroles and
inserting in lieu thereof board in Code Section 42-9-19, relating to
the annual report to the General Assembly.
(9) By striking State Board of Pardons and Paroles and
inserting in lieu thereof board wherever such phrase appears in
Code Section 42-9-60, relating to early paroles for inmates to relieve
prison overcrowding, and by striking Clerk of the House and
inserting in lieu thereof Clerk of the House of Representatives in
subsection (d) of said Code section.
Section 43. Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, is amended as follows:
(1) By striking To and inserting in lieu thereof Except as
otherwise provided by law, to, by inserting director of the between
the and Fiscal, and by adding for deposit into the general fund
of the state following Services in paragraph (6) of subsection (a) of
Code Section 43-1-3, relating to duties of the joint-secretary gener-
ally.
(2) By deleting which following board, by striking collect
and inserting in lieu thereof charge, by inserting and between
fee and may, and by deleting and collected twice in Code
Section 43-1-7, relating to establishment and collection of certain
examination and licensing fees.
104
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) By repealing Code Section 43-1-8, relating to disposition of
fees, which reads as follows:
43-1-8. All fees collected by a state licensing and examining
board shall be forwarded to the director of the Fiscal Division of the
Department of Administrative Services for deposit into the general
fund of the state.,
in its entirety.
(4) By deleting the comma between provided and that in
paragraph (1) of subsection (a) of Code Section 43-1-15, relating to
itinerant entertainers.
(5) By striking , nor and inserting in lieu thereof and the
joint-secretary shall not in Code Section 43-2-8, relating to continua-
tion of existence of terminated agencies.
(6) By striking The commission and inserting in lieu thereof
The joint-secretary in subsection (a) and by striking commission
and inserting in lieu thereof joint-secretary in subsection (d) of
Code Section 43-6-13, relating to license fees of auctioneers.
(7) By striking boards and inserting in lieu thereof board in
subsection (f), by adding Code between this and section in
subsection (g), and by striking board-approved and inserting in lieu
thereof board approved in subsection (g) of Code Section 43-10-9,
relating to application for certificate of registration.
(8) By striking the Georgia First Offender Act and inserting
in lieu thereof Article 3 of Chapter 8 of Title 42 in the undesignated
language following subparagraph (C) of paragraph (4) of subsection
(a), by inserting a comma between that and for and between
register and a in paragraph (13) of subsection (a), by deleting of
the state examining boards in paragraph (1) of subsection (h), by
striking said Act and inserting in lieu thereof Chapter 13 of Title
50 in subsection (j), and by striking the period and inserting in lieu
thereof a semicolon at the end of subsections (j), (k), (1), and (m) of
Code Section 43-11-47, relating to revocation and suspension of den-
tal licenses.
GEORGIA LAWS 1984 SESSION
105
(9) By inserting a comma after signed and by striking said
Act and inserting in lieu thereof Chapter 13 of Title 50 in
subsection (a) of Code Section 43-11-48, relating to procedure upon
accusation of violation of chapter.
(10) By striking the effective date of this chapter and insert-
ing in lieu thereof March 14,1983, in subsection (a) of Code Section
43-14-3, relating to State Construction Industry Licensing Board.
(11) By adding a new subsection immediately following subsec-
tion (d) of Code Section 43-18-22, relating to general provisions
regarding the State Board of Funeral Service, to be designated
subsection (e), to read as follows:
(e) No inspector shall own, operate, or be employed by any
funeral establishment, but this shall not prohibit any board member
from acting as an inspector as authorized in this subsection. The
duties, term of appointment, and compensation of inspectors shall be
fixed by the board. Members of the board may act as inspectors and
when acting as such shall be entitled to receive the same compensa-
tion and travel allowances as are paid to inspectors who are not
members of the board.
(12) By striking subsection (c) of Code Section 43-18-41, relating
to qualifications of applicants for funeral directing or embalming
licenses, and inserting in lieu thereof a new subsection (c) to read as
follows:
(c) In addition to the qualifications set out in subsection (a) of
this Code section, an applicant for a funeral directors license shall
have a valid embalmers license approved by this state; provided,
however, that any person who, on February 25,1976, has registered as
an apprentice funeral director with the joint-secretary may, upon
completion of 36 months, either full or part time, as an apprentice
funeral director under the direct supervision of a licensed funeral
director actively engaged in the practice of funeral directing in this
state, qualify for a funeral directors license; provided, further, that
this subsection shall not apply to any person licensed in this state as a
funeral director on or before February 25,1976, nor shall this subsec-
tion be construed so as to affect the operations, the manner of
operation, or the operator or operators of any funeral establishment
in existence on or before February 25,1976.
106
GENERAL ACTS AND RESOLUTIONS, VOL. I
(13) By striking the semicolon and inserting in lieu thereof a
period at the end of paragraph (1) of Code Section 43-34-20, relating
to definitions of physicians and osteopaths.
(14) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraph (a)(2)(B) of Code Section 43-34-
103, relating to application by physician for utilization of assistant.
(15) By deleting of the state examining boards in paragraph
(1) of subsection (g) and by adding Chapter 13 of Title 50, following
within the meaning of and striking said Act and inserting in lieu
thereof Chapter 13 of Title 50 in subsection (i) of Code Section 43-
35-7, relating to denial or sanction of podiatry licenses.
(16) By striking said Code provisions and inserting in lieu
thereof this chapter in subsections (a), (b), and (c) and by adding a
comma following partnership in the last sentence of subsection (c)
of Code Section 43-40-10, relating to granting certain brokers
licenses.
(16.1) By striking subsection (g) and inserting in lieu thereof
subsection (j) in subsection (k) of Code Section 43-40-12, relating to
certain real estate license fees.
(17) By inserting a period following chapter and by striking
and and inserting in lieu thereof The secretary shall in paragraph
(6) of Code Section 43-45-8, relating to powers and duties of the State
Structural Pest Control Commission.
(18) By striking their and inserting in lieu thereof its in
subsection (m) of Code Section 43-47-8, relating to making applica-
tion to board for license.
(19) By striking the comma following panels and inserting in
lieu thereof and in subparagraph (B) of paragraph (6) of Code
Section 43-48-2, relating to definitions regarding used motor vehicle
parts.
(20) By striking Code Section 43-50-51, relating to definitions
regarding veterinary technicians, and inserting in lieu thereof a new
Code Section 43-50-51 to read as follows:
GEORGIA LAWS 1984 SESSION
107
43-50-51. As used in this article, the term:
(1) Direct supervision* means instruction and directions
requiring the physical presence of a licensed veterinarian on the
premises.
(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) 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.
(21) By striking the effective date of this Code section and
inserting in lieu thereof July 1, 1983, in subsection (c) of Code
Section 43-50-52, relating to application for registration as veterinary
technician.
Section 44. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended as follows:
(1) By striking Georgia time in the afternoon and inserting in
lieu thereof P. M. in subparagraph (B) of paragraph (13) of Code
Section 44-3-3, relating to certain land registration statements.
108
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) By striking the comma following discretion in subsection
(a) and inserting in lieu thereof a colon and by striking subsection
(d) of this Code Section 44-3-7 of this article and inserting in lieu
thereof this subsection in paragraph (2) of subsection (d) of Code
Section 44-3-7, relating to certain investigations by the commissioner
of securities.
(3) By striking this Code Section 44-3-13 and inserting in lieu
thereof this Code section wherever it appears in subsections (a) and
(f) of Code Section 44-3-13, relating to notice of opportunity for
certain hearings.
(4) By striking and immediately preceding paragraph (2) of
subsection (b) and inserting and immediately following the sem-
icolon at the end of subparagraph (b)(1)(C) of Code Section 44-3-83,
relating to recording certain plats and plans.
(5) By striking Code Section 44-3-131, relating to definitions
regarding cemeteries, and inserting in lieu thereof a new Code Section
44-3-131 to read as follows:
44-3-131. 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
GEORGIA LAWS 1984 SESSION
109
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
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) 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.
(10) 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.
(11) Niche means a space used, or intended to be used, for
the interment of the cremated remains of one or more deceased
human beings.
(12) Nonperpetual care means any cemetery which does
not offer perpetual care as defined in this Code section.
(13) Perpetual care means the maintenance and the rea-
sonable administration of the cemetery grounds and buildings in
keeping with a properly maintained cemetery. In the event that a
110
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 the purposes of this article.
(14) Person means an individual, a corporation, a partner-
ship, an association, a joint stock company, a trust, or any unincor-
porated organization.
(15) Preneed dealer means every person, other than a
salesperson registered under this article, who engages, either for
all or part of his time, directly or indirectly, as agent, broker, or
principal 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 merchandise subject to the jurisdiction of the Commis-
sioner of Insurance pursuant to Chapter 18 of Title 43.
(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) 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.
(18) 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
GEORGIA LAWS 1984 SESSION
111
commission for the sale of said property, lots, rights, burial
merchandise, or burial services.
(19) Secretary of State means the Secretary of State of the
State of Georgia.
(20) 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.
(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.
(6) By striking Code Section 44-13-134 of this article and
inserting in lieu thereof Code Section 44-3-134 in subsection (c) of
Code Section 44-3-132, relating to registration of salespersons.
(7) By striking Secretary and inserting in lieu thereof Secre-
tary of State the three times it appears in subsection (b) and by
striking Code Section 44-3-147 of this article and inserting in lieu
thereof Code Section 44-3-147 in said subsection of Code Section
44-3-133, relating to suspension or revocation of registration of sales-
persons.
(8) By deleting the comma following the date in subparagraph
(b) (1)(D); by striking Secretary and inserting in lieu thereof Sec-
retary of State in subparagraph (b)(l)(J); by deleting known as in
subparagraph (b)(l)(K); by striking Secretary and inserting in lieu
thereof Secretary of State in paragraph (2) of subsection (b); by
deleting of this article following Code Section 44-3-131 in para-
graph (1) of subsection (c); by striking common trust fund and
inserting in lieu thereof common trust funds in division
(c) (2)(G)(ii); by striking as provided herein and inserting in lieu
thereof as provided in this subsection in paragraph (3) of subsec-
tion (c); by striking subsection (b) of Code Section 44-3-134 and
inserting in lieu thereof subsection (b) of this Code section and by
striking requirements of subsection (b) and inserting in lieu thereof
requirements of subsection (b) of this Code section in paragraph (4)
of subsection (c); by striking subsection (b) of Code Section 44-3-
134 and inserting in lieu thereof subsection (b) of this Code
112
GENERAL ACTS AND RESOLUTIONS, VOL. I
section in paragraph (2) of subsection (d), and by striking require-
ments of subsection (b) and inserting in lieu thereof requirements
of subsection (b) of this Code section in said paragraph; by deleting
or both, in subparagraph (e)(1)(A); by striking subsection (b) of
Code Section 44-3-134 and inserting in lieu thereof subsection (b)
of this Code section and by striking requirements of subsection (b)
and inserting in lieu thereof requirements of subsection (b) of this
Code section in paragraph (2) of subsection (e) of Code Section 44-3-
134, relating to registration of dealers and cemeteries.
(9) By striking subsection (c) or subsection (d) and inserting
in lieu thereof subsection (c) or (d) of Code Section 44-3-134 in
subsection (a), by striking subsection (e) and inserting in lieu
thereof subsection (e) of Code Section 44-3-134 in said subsection,
and by striking Secretary and inserting in lieu thereof Secretary of
State in subsection (d) and in paragraphs (1) and (2) of subsection
(e) of Code Section 44-3-135, relating to certain filing fees.
(10) By striking Secretary and inserting in lieu thereof Secre-
tary of State the five times it appears in subsection (d) and the one
time it appears in subsection (e) of Code Section 44-3-136, relating to
stop order suspending or revoking a registration.
(11) By striking Code Section 44-4-134 and inserting in lieu
thereof Code Section 44-3-134 in subsection (a), by striking
stablility and inserting in lieu thereof stability in subsection (c),
by striking Secretary and inserting in lieu thereof Secretary of
State in subsection (c), and by deleting of this article following
Code Section 44-3-143 in subsection (f) of Code Section 44-3-137,
relating to certain separate trust and escrow accounts.
(12) By striking Secretary and inserting in lieu thereof Secre-
tary of State each time it appears in subsections (c), (d), and (e) of
Code Section 44-3-139, relating to administration of article.
(13) By striking Secretary and inserting in lieu thereof Secre-
tary of State the 17 times it appears in Code Section 44-3-140,
relating to investigations by the Secretary of State.
(14) By striking Article 4 of Chapter 3 of Title 44 and inserting
in lieu thereof this article and by striking said article, chapter, and
title and inserting in lieu thereof this article in subsection (a) of
Code Section 44-3-141, relating to cemetery rules and regulations.
GEORGIA LAWS 1984 SESSION
113
(15) By striking Secretary and inserting in lieu thereof Secre-
tary of State in subsections (a) and (b), by striking their and
inserting in lieu thereof his in paragraph (3) of subsection (a), by
striking has been established and inserting in lieu thereof have
been established in subsection (d), and by deleting of this article
following Code Section 44-3-146 in subsection (f) of Code Section
44-3-143, relating to enforcement of certain cemetery lots.
(16) By striking subsection (a), (b) or (d) of Code Section 44-3-
142 of this article and inserting in lieu thereof subsection (a), (b), or
(d) of Code Section 44-3-142 in subsection (a) of Code Section 44-3-
145, relating to civil remedies of certain purchasers.
(17) By deleting of this article following Code Section 44-3-
147 in subsection (a) and by striking Secretary and inserting in
lieu thereof Secretary of State the five times it appears in subsec-
tions (a), (b), and (c) of Code Section 44-3-146, relating to judicial
appeals of certain orders.
(18) By striking Secretary and inserting in lieu thereof Secre-
tary of State the 13 times it appears and by striking Code Section
44-3-147 and inserting in lieu thereof this Code section in subsec-
tion (a) of Code Section 44-3-147, relating to certain administrative
appeals.
(19) By striking Secretary and inserting in lieu thereof Secre-
tary of State the four times it appears in Code Section 44-3-148,
relating to effect of consent to service of process.
(20) By striking hereunder; and inserting in lieu thereof
under this article in paragraph (3) of Code Section 44-3-149,
relating to waiver of certain rights or defenses.
(21) By deleting of this article following Code Section 44-3-
146 in subsection (c) of Code Section 44-3-152, relating to certain
pending actions.
(22) By striking this Act and inserting in lieu thereof this
article in Code Section 44-3-160, relating to the short title of time-
sharing laws.
(23) By striking request and inserting in lieu thereof
requests in subparagraph (a)(2)(J) and by deleting the comma
114
GENERAL ACTS AND RESOLUTIONS, VOL. I
between July 1 and of in subparagraph (a)(2)(Q) of Code Section
44-3-172, relating to the contents of public offering statements.
(23.1) By striking gratuitous and inserting in lieu thereof
gratuitous in paragraph (6) of subsection (b) of Code Section 44-3-
178, relating to certain public offering statements.
(23.2) By striking will purchaser nondefaulting and inserting in
lieu thereof will purchase nondefaulting in Code Section 44-3-190,
relating to protection of purchasers from certain blanket encum-
brances.
(24) By deleting of this article twice in paragraph (1) of
subsection (a) of Code Section 44-3-193, relating to applications for
time-share registration.
(25) By striking gratuitious and inserting in lieu thereof gra-
tuitous in paragraph (6) of Code Section 44-3-197, relating to certain
exceptions from registration.
(26) By striking have and inserting in lieu thereof has in
subsection (d) of Code Section 44-3-201, relating to investigations of
developers, agents, or exchange programs.
(27) By striking the effective date of this article and its
effective date and inserting in lieu thereof, respectively, July 1,
1983, in Code Section 44-3-205, relating to application of certain
time-sharing laws.
(28) By striking paragraph (4) of Code Section 44-5-113, relating
to certain gifts to minors, and inserting in lieu thereof a new para-
graph (4) to read as follows:
(4) If the subject of the gift is life insurance policies or annuity
contracts, the gift may be completed by causing the ownership of the
policies or contracts to be registered with the issuing insurance
company in the name of the donor, another adult, an adult member of
the minors family, the guardian of the minor, or a trust company,
followed, in substance, by the words as custodian for____________,
(name of minor)
under The Georgia Gifts to Minors Act.
GEORGIA LAWS 1984 SESSION
115
(29) By striking descendants or, and inserting in lieu thereof
descendants, as provided in Code Section 44-6-23, and, in subsec-
tion (b) of Code Section 44-6-24, relating to estates tail.
(30) By striking Since the and inserting in lieu thereof Since
no in Code Section 44-6-62, relating to effect of defeat of estate on
remainder.
(31) By deleting and following the semicolon in subparagraph
(a)(6)(C) and by striking the period and inserting in lieu thereof
and at the end of subparagraph (a)(6)(D) of Code Section 44-14-3,
relating to cancellation by certain grantees upon payment.
(32) By adding a new Code section immediately following Code
Section 44-14-42, to be designated Code Section 44-14-42.1, to read as
follows:
44-14-42.1. If the possession of real property shall be given to
the mortgagee, the mortgagor may redeem at any time within ten
years from the last recognition by the mortgagee of such right of
redemption.
(33) By striking justice and inserting in lieu thereof magis-
trate in Code Section 44-14-300, relating to filing foreclosure affida-
vits.
(34) By striking paragraph and inserting in lieu thereof sub-
section in subsection (c) of Code Section 44-14-361.1, relating to
declaration and creation of liens.
(35) By striking cancelled and inserting in lieu thereof can-
celed in subparagraph (a)(2)(B), by deleting or at the end of
division (a)(2)(B)(i), by deleting the comma following contractor in
division (a)(2)(B)(3), and by redesignating divisions (a)(2)(B)(l),
(a)(2)(B)(2), and (a)(2)(B)(3) as divisions (a)(2)(B)(i), (a)(2)(B)(ii),
and (a)(2)(B)(iii), respectively, in Code Section 44-14-361.2, relating
to dissolution of liens.
(36) By deleting or at the end of paragraphs (1) and (2) of
subsection (a) of Code Section 44-14-361.4, relating to cancellation or
expiration of preliminary notice.
116
GENERAL ACTS AND RESOLUTIONS, VOL. I
(37) By striking Certified Mail and inserting in lieu thereof
certified mail in subsection (b) of Code Section 44-14-411.1, relat-
ing to repossessors of motor vehicles being depositories of personal
property.
Section 45. Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, is amended as follows:
(1) By striking six months and inserting in lieu thereof six-
months in Code Section 45-2-21, relating to veterans preference on
civil service examinations.
(2) By striking recipient and inserting in lieu thereof recipi-
ents in Code Section 45-3-11, relating to certain oaths required of
state employees.
(3) By striking Office and inserting in lieu thereof office in
Code Section 45-3-31, relating to certain commissioned officers.
(4) By striking Code Sections 15-10-2,15-10-4, and and insert-
ing in lieu thereof Code Section in Code Section 45-6-10, relating to
search and seizure of certain books and papers.
(5) By striking Revenue Commissioner and inserting in lieu
thereof revenue commissioner in paragraph (12) and by striking
Superior and inserting in lieu thereof superior in paragraph (20)
of subsection (a) of Code Section 45-7-4, relating to salaries of certain
state officials.
(6) By striking 45-7-20 and inserting in lieu thereof this Code
section in Code Section 45-7-20, relating to reimbursement of travel
costs for certain officials.
(7) By striking article and inserting in lieu thereof part in
the introductory language of Code Section 45-10-20, relating to
definitions regarding conflicts of interest.
(8) By striking paragraphs (1) and (2) of this subsection and
inserting in lieu thereof subparagraphs (A) and (B) of this para-
graph in subparagraph (C) of paragraph (13) of Code Section 45-10-
25, relating to exceptions to prohibitions on transactions with state
agencies.
GEORGIA LAWS 1984 SESSION
117
(9) By striking Subsection 45-10-24(b)(2) and inserting in lieu
thereof paragraph (2) of subsection (b) of Code Section 45-10-24 in
subsection (a) of Code Section 45-10-26, relating to public officials
and employees to file yearly disclosure statements concerning busi-
ness transactions with the state.
(10) By deleting The prosecution and the justice and their
witnesses shall have the right to appear and to be heard before the
grand jury. in Code Section 45-11-4, relating to malpractice of
certain officers.
(11) By striking advisors and inserting in lieu thereof advis-
ers in paragraph (5) of Code Section 45-19-22, relating to definitions
regarding employment practices.
(12) By striking their and inserting in lieu thereof his in
paragraph (2) of Code Section 45-19-29, relating to certain unlawful
employment practices.
(13) By striking and within and inserting in lieu thereof and,
within in subsection (a) of Code Section 45-19-36, relating to com-
plaints of unlawful practices.
(14) By adding a comma following filed in subsection (a) of
Code Section 45-19-37, relating to certain hearings by a special
master.
(15) By striking its and inserting in lieu thereof their in
paragraph (1) and by striking its and inserting in lieu thereof his
three times in paragraph (5) of subsection (a) of Code Section 45-19-
44, relating to certain unlawful labor practices.
(16) By striking their and inserting in lieu thereof his and
by striking its and inserting in lieu thereof his each time it
appears in paragraph (4) and by striking willfully initiate and
inserting in lieu thereof initiate willfully in paragraph (5) of Code
Section 45-19-45, relating to certain unlawful conspiracies.
(17) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraph (U) of paragraph (15) of Code
Section 45-20-2, relating to definitions of merit system generally.
118
GENERAL ACTS AND RESOLUTIONS, VOL. I
(18) By striking Undesignted and inserting in lieu thereof
Undesignated in Code Section 45-20-54.1, relating to distribution
of certain employee funds.
Section 46. Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, is amended as
follows:
(1) By striking individuals over-the age 60 years and inserting
in lieu thereof individuals over the age of 60 years in subparagraph
(N) of paragraph (8) of Code Section 46-1-1, relating to definitions
relative to public utilities and public transportation.
(2) By striking contract and inserting in lieu thereof con-
tracts in subsection (c) of Code Section 46-1-2, relating to the
measure of damages for wrongs and injuries by railroad companies.
(3) By striking actual actual fuel costs and inserting in lieu
thereof actual fuel costs in subsection (f) of Code Section 46-2-26,
relating to rate changes by utility companies.
(4) By striking retrofiting and inserting in lieu thereof
retrofitting in subparagraph (b)(3)(A) and by striking purposes
any cost of conversion and inserting in lieu thereof purposes any
costs of conversion in subsection (h) of Code Section 46-2-26.3,
relating to recovery of costs of conversion from oil-burning to coal-
burning generating facility.
(5) By striking county-owned or -operated and municipality-
owned or -operated and inserting in lieu thereof county owned or
operated and municipality owned or operated in Code Section 46-
3-15, relating to effect of part on charges of public utilities owned or
operated by counties or municipalities.
(6) By striking Reenergizing and inserting in lieu thereof
Deenergizing in paragraph (4) of subsection (a) of Code Section 46-
3-32, relating to clearance requirements around high-voltage lines.
(7) By striking expend and inserting in lieu thereof expand
in subsection (d) of Code Section 46-3-201, relating to existence of
electric membership corporations under articles of incorporation.
GEORGIA LAWS 1984 SESSION
119
(8) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraph (a)(1)(C) of Code Section 46-3-304,
relating to actions against directors and officers of electric member-
ship corporations.
(9) By striking reflect and inserting in lieu thereof reflects
in subsection (b) of Code Section 46-3-382, relating to approval of
merger or consolidation by members of electric membership corpora-
tions.
(10) By striking the period and inserting in lieu thereof a sem-
icolon at the end of subparagraph (E) of paragraph (4) of Code
Section 46-3-424, relating to revocation of voluntary dissolution
proceedings by electric membership corporations.
(11) By deleting the comma following known in Code Section
46-4-50, relating to the Underground Gas Storage Act.
(12) By deleting of 1978 from paragraph (4) of Code Section
46-4A-3, relating to definitions relative to provision of energy conser-
vation assistance.
(13) By striking avoid, and inserting in lieu thereof avoid in
subsection (a) of Code Section 46-5-2, relating to avoiding or attempt-
ing to avoid charges for use of telephone, telegraph, or cable television
service.
(14) By striking (1) and (2) and inserting in lieu thereof
(A) and (B) in paragraph (5) of Code Section 46-5-63, relating to
powers of cooperatives generally.
(15) By striking the State and inserting in lieu thereof the
state in Code Section 46-5-74, relating to filing of copies of articles of
incorporation with the Secretary of State.
(16) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraph (2) of Code Section 46-5-88, relating to
merger of cooperatives.
(17) By striking the periods at the end of paragraphs (2) and (3)
and inserting in lieu thereof semicolons and by amending and redesig-
nating the second paragraph (3) of subsection (a) as paragraph (4) of
subsection (a) of Code Section 46-5-90, relating to conversion of a
telephone corporation into a cooperative, to read as follows:
120
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The articles of conversion shall be deemed to be the articles
of incorporation of the cooperative, and an application for approval
thereof, including such articles and the prescribed affidavit, signed
and acknowledged by the president or vice-president of the corpora-
tion seeking to be converted into a cooperative, shall be presented to
and approved by the superior court, or the judge thereof, filed with
the clerk of the superior court of the county in which the principal
office of the cooperative is to be located and with the Secretary of
State, and published in the same manner as an application for
original incorporation. The fee to be paid at the time of such filing
shall be as described in Code Section 46-5-100. Upon such filing, the
conversion shall be deemed to be effective.
(18) By striking fire fighting and inserting in lieu thereof
fire-fighting in paragraph (3) of Code Section 46-5-122, relating to
definitions regarding the emergency telephone number 911 system.
(19) By striking firefighting and inserting in lieu thereof fire-
fighting in paragraph (6) of subsection (a) of Code Section 46-5-124,
relating to implementing state-wide emergency telephone number
911 system.
(20) By deleting or at the end of paragraph (3) of Code Section
46-5-141, relating to petition for charter of telephone company.
(21) By striking antennae and inserting in lieu thereof anten-
nas in paragraph (1) and by striking Service Area and inserting in
lieu thereof Service area in paragraph (6) of Code Section 46-6-2,
relating to definitions relative to the Georgia Radio Utility Act.
(22) By striking antennae and inserting in lieu thereof anten-
nas in Code Section 46-6-11, relating to construction, operation, and
maintenance of antennas and towers.
(23) By adding a new Code Section 46-7-39 to read as follows:
46-7-39. In all actions against persons, firms, or corporations
operating buses for hire for damages done to persons or property,
proof of such injury inflicted by the running of buses of such persons,
firms, or corporations shall be prima-facie evidence of the lack of
reasonable skill and care on the part of the servants of said persons,
firms, or corporations in reference to such injury.
GEORGIA LAWS 1984 SESSION
121
(24) By inserting a comma preceding upon such payment, in
subsection (b) and by striking paragraph 7 of Code Section 46-1-1,
and inserting in lieu thereof paragraph (7) of Code Section 46-1-1 in
subsection (e) of Code Section 46-7-61, relating to requirements as to
registration permits.
(25) By striking 47-7-66 and inserting in lieu thereof 46-7-
66 in Code Section 46-7-76, relating to applicability of article to
carriers engaged in both interstate and intrastate commerce.
(26) By striking Greeting and inserting in lieu thereof
Greetings and by deleting the quotation marks around the final
paragraph of the form in subsection (a) of Code Section 46-8-42,
relating to certificate of incorporation of a railroad.
(27) By striking company of its board and inserting in lieu
thereof company or its board in paragraph (10) of Code Section 46-
8-100, relating to general powers of a railroad company.
(28) By striking or causes and inserting in lieu thereof or
causing in Code Section 46-8-360, relating to definitions relative to
wrecking a railroad company.
(29) By inserting commas around the phrase which actions seek
to recover overcharges accruing on intrastate shipments in Code
Section 46-9-6, relating to limitation of actions against common
carriers for recovery of overcharges.
Section 47. Reserved.
Section 48. Title 48 of the Official Code of Georgia Annotated,
relating to revenue and taxation, is amended as follows:
(1) By striking the effective date of this Code section and
inserting in lieu thereof July 1, 1983, both times such phrase
appears in subsection (h) of Code Section 48-2-56, relating to liens for
taxes.
(2) By inserting a comma following party to the covenant and
following remainder of the term in subsection (f) and by striking
Commissioner and inserting in lieu thereof commissioner in
subsections (1) and (m) of Code Section 48-5-7.1, relating to preferen-
tial tax assessments for real property devoted to agricultural pur-
poses.
122
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) By deleting the comma preceding according to the United
States decennial census whenever such is found in Code Section 48-
5-18, relating to the time for making tax returns.
(4) By deleting the comma preceding according to the United
States decennial census whenever such is found in Code Section 48-
5-24, relating to methods of tax payment to the county in which
returns are made.
(5) By deleting the comma preceding according to the United
States decennial census in subsection (b) of Code Section 48-5-45,
relating to filing applications for homestead exemptions.
(6) By striking Veterans and inserting in lieu thereof Veter-
ans in subsections (a) and (b) of Code Section 48-5-48, relating to
application for constitutional homestead exemption by qualified dis-
abled veteran.
(7) By deleting the comma following 75,000 in subsection (d)
of Code Section 48-5-148, relating to interest on unpaid taxes.
(8) By deleting the comma preceding and following according
to the United States decennial census of 1970 or any future such
census in subsection (e) of Code Section 48-5-180, relating to the rate
of commissions allowed tax receivers and tax collectors.
(9) By deleting the comma preceding and following according
to the United States decennial census or any future such census in
subsection (c) of Code Section 48-5-183, relating to salaries of tax
collectors and tax commissioners.
(10) By deleting the comma following 75,000 in subsection (b)
of Code Section 48-5-301, relating to the time for presentation of
returns by the tax receiver or tax commissioner.
(11) By inserting a comma following except that and by
deleting the comma preceding according to the United States decen-
nial census in Code Section 48-5-302, relating to the time for
completing revision and assessment of returns.
(12) By deleting the comma preceding according to the United
States decennial census in paragraphs (2) and (3) of subsection (a) of
Code Section 48-5-311, relating to county boards of equalization.
GEORGIA LAWS 1984 SESSION
123
(13) By deleting the comma following 300,000 in subsection
(b) of Code Section 48-5-404, relating to collection of county school
taxes.
(14) By deleting the comma following 75,000 in subsection (a)
of Code Section 48-5-492, relating to issuance of mobile home location
permits.
(15) By deleting the comma following 75,000 in Code Section
48-5-494, relating to the time for returns and payment of taxes for
mobile homes.
(16) By striking maintains and inserting in lieu thereof main-
tain in subsection (a), by inserting a comma between Act and the
quotation marks and striking that Act and inserting in lieu thereof
that article in subsection (b) of Code Section 48-6-91, relating to
the taxation of foreign depository financial institutions as foreign
corporations.
(17) By striking below and inserting in lieu thereof in para-
graphs (2) and (3) of this subsection in paragraph (1) of subsection
(b), by striking subsection three times and inserting in lieu thereof
paragraph and by striking above and inserting in lieu thereof of
this paragraph in subparagraph (b)(1)(E), and by deleting the and
following the semicolon at the end of paragraph (1) of subsection (d)
of Code Section 48-6-93, relating to local business license taxes for
depository financial institutions.
(18) By inserting a comma between Georgia and the quotation
marks in Code Section 48-6-97, relating to legislative intent regarding
credit union taxation.
(19) By striking , and specifically the following: and inserting
in lieu thereof ; and in paragraph (1) of Code Section 48-6-98,
relating to legislative intent to tax depository financial institutions
equally.
(20) By inserting a comma between Act and the quotation
marks in subparagraph (b)(1)(B), by striking ; and and inserting in
lieu thereof a period in division (b)(8)(A)(i), by striking section and
inserting in lieu thereof Section in division (b)(8)(A)(ii), by striking
the period and inserting in lieu thereof a semicolon at the end of
division (b)(8)(A)(ii), and by adding and at the end of subpara-
124
GENERAL ACTS AND RESOLUTIONS, VOL. I
graph (b)(9)(A) of Code Section 48-7-21, relating to taxation of
corporate income.
(21) By striking Title 48 and inserting in lieu thereof this
title both times it appears in Code Section 48-7-29.1, relating to
work place modification tax credits.
(22) By striking truck tractor and inserting in lieu thereof
truck-tractor in division (3)(B)(i), by striking the period and
inserting in lieu thereof a semicolon following paragraph (4), by
striking the semicolon and inserting in lieu thereof a period following
subparagraph (A) of paragraph (7), and by striking the period and
inserting in lieu thereof a semicolon following division (7)(B)(iii),
subparagraph (D) of paragraph (10), and subparagraph (B) of para-
graph (11) of Code Section 48-10-2, relating to annual vehicle license
fees.
(23) By striking subsection (a) of Code Section 48-10-3.1, relat-
ing to temporary vehicle registration permits, and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) As used in this Code section, the term vehicle means any
vehicle which is required by the motor vehicle registration laws of this
state to be registered prior to being operated on the highways of this
state.
Section 49. Title 49 of the Official Code of Georgia Annotated,
relating to social services, is amended as follows:
(1) By striking strenghten and inserting in lieu thereof
strengthen in paragraph (1) of subsection (b) of Code Section 49-4-
3, relating to establishment of categories of public assistance.
(2) By striking self supporting and inserting in lieu thereof
self-supporting in subsection (b) of Code Section 49-4-17.1, relating
to establishment of pilot community work experience programs.
(3) By striking , to wit, and inserting in lieu thereof , to wit:
in paragraph (5) of subsection (a) of Code Section 49-5-8, relating to
powers and duties of the Department of Human Resources relative to
programs for children and youth.
GEORGIA LAWS 1984 SESSION
125
(4) By striking Peace Officers Annuity and inserting in lieu
thereof Peace Officers Annuity in paragraph (2) of subsection (i) of
Code Section 49-5-10, relating to commitment of delinquent or
unruly children to the Department of Human Resources.
(5) By inserting a comma following department standards in
subsection (c) of Code Section 49-5-12, relating to licensing and
inspection of private and public child welfare agencies and facilities.
(6) By adding of this Code section following subsection (c)
in paragraph (1) of subsection (a) of Code Section 49-5-14, relating to
fire inspections of day-care homes and centers.
(7) By striking management, and where necessary, and insert-
ing in lieu thereof management, and, where necessary, in paragraph
(5) of Code Section 49-6-61, relating to definitions relative to commu-
nity care and services for the elderly.
(8) By striking Chairman and inserting in lieu thereof chair-
man both times that it appears in subsection (g) of Code Section 49-
6-62, relating to a community care unit within the Aging Section of
the Department of Human Resources.
Section 50. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended as follows:
(1) By striking Act and inserting in lieu thereof Code sec-
tion in subsection (c) of Code Section 50-5-78, relating to financial
interest of department personnel in contracts of state government.
(2) By striking the period and inserting in lieu thereof a sem-
icolon at the end of paragraph (2) of Code Section 50-8-34, relating to
powers of area planning and development commissions.
(3) By striking commissioner of the Department of Industry
and Trade and inserting in lieu thereof commissioner of industry
and trade in subsection (a) and by deleting Code Section in
subsection (b) of Code Section 50-10-3, relating to creation of the
Georgia Development Authority.
(4) By inserting a comma following indenture in subpara-
graph (M) of paragraph (3), by striking law and inserting in lieu
thereof laws in paragraph (4), by striking sewerage and inserting
126
GENERAL ACTS AND RESOLUTIONS, VOL. I
in lieu thereof sewage and striking devises and inserting in lieu
thereof devices in subparagraph (B) of paragraph (5), and by
striking sewage and inserting in lieu thereof sewerage in para-
graph (6) of Code Section 50-10-4, relating to definitions concerning
the Georgia Development Authority.
(5) By striking Georgia Deposit Insurance Corporation and
inserting in lieu thereof Georgia deposit insurance corporation
wherever it appears in subparagraph (d)(ll)(E), by striking Atlanta
of Georgia and inserting in lieu thereof Atlanta, Georgia in
subparagraph (d)(ll)(E), and by striking extension of credit of
loans and inserting in lieu thereof extension of credit or loans in
paragraph (20) of subsection (d) of Code Section 50-10-5, relating to
the corporate powers and purposes of the Georgia Development
Authority.
(6) By striking paragraphs (1) and (2) of subsection (b) of Code
Section 50-10-6, relating to loans to local governments for water
supply and sewerage projects, and inserting in lieu thereof new
paragraphs (1) and (2) to read as follows:
(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 indebtedness incurred for the purposes of
such water facility, including the principal of and interest on the
GEORGIA LAWS 1984 SESSION
127
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;
(7) By striking all of a specified portion and inserting in lieu
thereof all or a specified portion in paragraph (2) of subsection (f)
of Code Section 50-10-7, relating to lease agreements with local
governments for water supply and sewerage projects.
(8) By striking act and inserting in lieu thereof chapter in
Code Section 50-10-9, relating to statutory review and approval of
projects by the Environmental Protection Division.
(9) By striking is now or hereafter and inserting in lieu thereof
are now or hereafter in Code Section 50-10-10, relating to the bonds
of the Georgia Development Authority as legal investments.
(10) By striking 1982 and inserting in lieu thereof 1983 in
Code Section 50-10-17, relating to the approval of bonds and obliga-
tions by the Georgia State Financing and Investment Commission.
(11) By striking Senate departments and agencies and insert-
ing in lieu thereof State departments and agencies in paragraph (2)
of subsection (a) of Code Section 50-11-10, relating to the distribution
and sale of bound volumes of laws and journals.
(12) By striking of the State and inserting in lieu thereof of
the state in paragraph (1) and by striking ratified at the 1982
general election and inserting in lieu thereof of 1983 in paragraph
(2) of Code Section 50-17-21, relating to definitions concerning the
Georgia State Financing and Investment Commission.
(13) By striking provided for above and inserting in lieu
thereof provided for in paragraph (1) of this subsection in para-
graph (2) of subsection (e), by deleting either in term or chambers
in said paragraph, and by striking prescribed herein and inserting
in lieu thereof prescribed in this paragraph in said paragraph of
Code Section 50-17-25, relating to the procedures for issuance of
public debt.
(14) By deleting county, in paragraph (2) of Code Section 50-
18-91, relating to definitions concerning state records management.
128
GENERAL ACTS AND RESOLUTIONS, VOL. I
(15) By striking annual and inserting in lieu thereof bien-
nial in subsection (c) of Code Section 50-20-3, relating to nonprofit
corporations required to make reports and agreements.
(16) By striking now existing or hereafter and inserting exist-
ing on April 12,1982, or thereafter in subsection (a) and by striking
now or hereafter and inserting permitted on April 12, 1982, or
thereafter in subsection (b) of Code Section 50-21-1, relating to the
waiver of sovereign immunity as to actions ex contractu.
S ection 51. Reserved.
Section 52. Title 52 of the Official Code of Georgia Annotated,
relating to waters of the state, ports, and watercraft, is amended as
follows:
(1) By striking he institution and inserting in lieu thereof the
institution in the last sentence of Code Section 52-2-26, relating to
remedies of bondholders of the Georgia Ports Authority.
(2) By adding a comma between law enforcement and or dam
operation in the introductory language of subsection (b) of Code
Section 52-7-13, relating to boating safety zones.
(3) By striking referred to Code Section 52-10-2 and inserting
in lieu thereof referred to in Code Section 52-10-2 in Code Section
52-10-4, relating to the authority of public corporations to establish
and operate foreign trade zones.
Section 53. Title 53 of the Official Code of Georgia Annotated,
relating to wills, trusts, and administration of estates, is amended as
follows:
(1) By striking receptable and inserting in lieu thereof recep-
tacle in Code Section 53-6-2, relating to entry of safe-deposit boxes
on the authorization of a fiduciary.
(2) By inserting after the first sentence of Code Section 53-7-75,
relating to the duty of an administrator or executor to make an
inventory, the following:
The inventory of the estate shall be filed with the judge of the
probate court within four months after the qualification of the
administrator or executor.
GEORGIA LAWS 1984 SESSION
129
(3) By striking quit claim and inserting in lieu thereof
quitclaim in paragraph (1) of Code Section 53-12-50, relating to
definitions concerning the creation by deed of beneficial interests in
property.
(4) By striking Title 31 and inserting in lieu thereof Title 36
in subsection (b) of Code Section 53-13-56, relating to investments by
trustees in certain validated bonds.
(5) By striking are filed in his office and inserting in lieu
thereof is filed in his office in Code Section 53-13-121, relating to
service upon the Secretary of State of process for foreign trustees.
(6) By striking Chapter 13 and inserting in lieu thereof this
chapter in Code Section 53-13-124, relating to the removal and
replacement of certain foreign trustees.
(7) By striking common law and inserting in lieu thereof
common-law in subsection (b) of Code Section 53-15-2, relating to
the effect on existing powers of an incorporation of powers by
reference in a will or trust instrument.
(8) By deleting the subsection designation (a) in Code Section
53-15-3, relating to powers which may be incorporated by reference.
(9) By deleting the comma preceding and following or one copy
with 50<t per page for photostating the other copy in subsection (a) of
Code Section 53-16-5, relating to service upon the Secretary of State
of process for foreign corporations acting in a fiduciary capacity.
Section 54. 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 1983 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.
Annotations; editorial notes; Code Revision Commission notes;
research references; notes on law review articles; opinions of the
Attorney General of Georgia; indexes; analyses, title, chapter, article,
130
GENERAL ACTS AND RESOLUTIONS, VOL. I
part, and subpart 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, departments, boards, commissions, or other entities which
are contained in the Official Code of Georgia Annotated are not
enacted as statutes by the provisions of this Act. Material which has
been added in brackets within the text of a Code section by the
editorial staff of the publisher in order to explain or to prevent a
misapprehension concerning the contents of the Code section and
which is explained in an editorial note is not enacted by the provisions
of this section and shall not be considered a part of the Official Code
of Georgia Annotated. The reenactment of the statutory 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 effective
dates which extend beyond the effective date of the Code or the
publication date of the Code or its supplements. The provisions
contained in other sections of this Act and in the other Acts enacted
at the 1984 regular session of the General Assembly of Georgia shall
supersede the provisions of the Official Code of Georgia Annotated
reenacted by this section.
Section 55. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 56. All laws and parts of laws in conflict with this Act
are repealed.
Approved February 3,1984.
GEORGIA LAWS 1984 SESSION
131
COUNTIES EXTENT OF TERRITORIAL
JURISDICTION.
Code Section 36-1-2 Amended.
No. 581 (House Bill No. 1032).
AN ACT
To amend Chapter 1 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions relative to local govern-
ments and counties, so as to change the provisions relating to the
extent of jurisdiction of counties; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions relative to local govern-
ments and counties, is amended by striking Code Section 36-1-2,
relating to the extent of jurisdiction of counties divided by water, and
inserting in lieu thereof a new Code Section 36-1-2 to read as follows:
36-1-2. Whenever a stream of water is the boundary of a
county, the jurisdiction of the county shall extend to the center of the
main channel of the stream, provided that whenever a stream of water
is the boundary of a county and such stream or a bank thereof is the
boundary of the State of Georgia, the jurisdiction of the county shall
extend to that point which is the boundary of the state.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved February 3,1984.
132
GENERAL ACTS AND RESOLUTIONS, VOL. I
FEES FOR TRANSFER OF REAL PROPERTY
SUBJECT TO SECURITY DEED.
Code Section 44-14-65 Repealed.
No. 583 (House Bill No. 1034).
AN ACT
To repeal Code Section 44-14-65 of the Official Code of Georgia
Annotated, relating to fees for transfer of real property covered by
deed to secure debt; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 44-14-65 of the Official Code of
Georgia Annotated, relating to fees for transfer of real property
covered by deed to secure debt, which reads as follows:
44-14-65. When the grantor of a deed to secure debt transfers
the real property securing the debt to a third party and the grantor is
relieved from liability on the obligation of the deed to secure debt, a
transfer fee not to exceed 1 percent of the outstanding loan balance on
the deed to secure debt may be charged such grantor. In any such
transfer, when the grantor is not relieved from liability on the
obligation of the deed to secure debt, such transfer fee may not exceed
$75.00 or one-half of 1 percent of the outstanding loan balance,
whichever amount is greater.,
is repealed in its entirety.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved February 3,1984.
GEORGIA LAWS 1984 SESSION
133
ELECTIONS GEORGIA ELECTION CODE AMENDED.
Code Title 21 Amended.
No. 584 (House Bill No. 1155).
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 and in Acts of the General Assembly amending 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 provide for
other matters relating to Title 21 of the Official Code of Georgia
Annotated; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 21 of the Official Code of Georgia Annotated,
relating to elections, is amended as follows:
(1) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court and by striking subsec-
tions (c) and (e) and inserting in lieu thereof subsections (c) and (e)
of this Code section in subsection (b) of Code Section 21-2-132,
relating to filing a notice of candidacy.
(2) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in subsection (b) of
Code Section 21-2-135, relating to designation of a specific office
sought on certain ballots.
134
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in Code Section 21-2-
138, relating to nonpartisan election for judicial offices.
(4) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in subsection (b) of
Code Section 21-2-150, relating to dates of certain primaries.
(5) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in subsection (b) of
Code Section 21-2-151, relating to authorization for certain primaries.
(6) By striking registrars and inserting in lieu thereof regis-
trars in subsection (e) of Code Section 21-2-217, relating to form of
registration cards.
(7) By striking multi-family and inserting in lieu thereof
multifamily in subsection (f) and by deleting the comma following
buildings and adding a comma between centers and and in said
subsection of Code Section 21-2-218, relating to county boards of
registrars.
(8) By striking law and inserting in lieu thereof article in
subsection (c) of Code Section 21-2-231, relating to reregistration of
electors.
(9) By striking Justice Department and inserting in lieu
thereof Department of Justice in paragraph (2) of subsection (d) of
Code Section 21-2-261.1, relating to certain requirements for voting
precincts.
(10) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in Code Section 21-2-
284.1, relating to form of nonpartisan primary ballots.
(11) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in Code Section 21-2-
285.1, relating to form of nonpartisan election ballots.
GEORGIA LAWS 1984 SESSION
135
(12) By striking Judge of the Court of Appeals, and Justice of
the Supreme Court and inserting in lieu thereof Judge of the Court
of Appeals, or Justice of the Supreme Court in subsection (g) of Code
Section 21-2-325, relating to form of ballot labels generally.
(13) By adding of this Code section following paragraph (2)
in paragraph (3) of Code Section 21-2-350, relating to general require-
ments as to vote recorders.
(14) By striking vice-president and inserting in lieu thereof
Vice President in paragraph (4) of subsection (c) of Code Section
21-2-435, relating to procedure regarding marking and depositing
ballots.
(15) By striking electors wherever it appears and inserting in
lieu thereof electors in Code Section 21-2-436, relating to duties of
poll officers after the close of the polls.
(16) By striking section and inserting in lieu thereof Section
in subparagraph (C) of paragraph (31) of Code Section 21-3-2,
relating to definitions.
(17) By designating the first paragraph as subsection (a) and by
designating the second paragraph as subsection (b) in Code Section
21-3-10, relating to municipal authorization of counties to conduct
certain elections.
(18) By deleting the designation (a) from Code Section 21-3-
31, relating to powers and duties of municipal superintendents gener-
ally.
(19) By striking registrars and inserting in lieu thereof reg-
istrars in subsection (c) of Code Section 21-3-121, relating to qualifi-
cations of registrars and deputy registrars.
(20) By striking Justice Department and inserting in lieu
thereof Department of Justice in paragraph (2) of subsection (d) of
Code Section 21-3-161.1, relating to requirements for voting precincts
established or altered on or after July 1,1983.
136
GENERAL ACTS AND RESOLUTIONS, VOL. I
(22) By adding a comma between holder) and (name in the
ballot contained in subsection (e) of Code Section 21-4-12, relating to
holding recall elections.
(23) By deleting the designation (a) from Code Section 21-5-7,
relating to duties of certain campaign committee 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 February 3,1984.
SUPPLEMENTARY APPROPRIATIONS ACT.
Ga. Laws 1983, p. 1603 Amended.
No. 589 (House Bill No. 965).
AN ACT
To amend an Act providing appropriations for
the State Fiscal Year 1983-84 known as the Gen-
eral Appropriations Act, approved April 5, 1983
(Ga. L. 1983, p. 1603), so as to change the revenue
estimate and certain appropriations for the State
Fiscal Year 1983-84; 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:
An Act providing appropriations for the State
Fiscal Year 1983-84, known as the General
GEORGIA LAWS 1984 SESSION
137
Appropriations Act, approved April 5, 1983 (Ga.
L. 1983, p. 1603), is amended by striking every-
thing following the enacting clause, and by substi-
tuting in lieu thereof the following:
That the sums of money hereinafter provided
are appropriated for the State Fiscal Year begin-
ning July 1, 1983, and ending June 30, 1984, as
prescribed hereinafter for such State Fiscal Year,
from the General Funds of the State, including
unappropriated surplus, reserves and a State fund
revenue estimate of $3,935,000,000 for State Fiscal
Year 1984.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch...........
Operations......1.....................
Total Funds Budgeted..................
State Funds Budgeted...........ca.....
Budget Unit Object Classes:
Operations....i.w..i...;.i..............;
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-
$ 16,198,297
$ 16,198,297
16,198,297
16,198,297
16,198,297
138
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..............$ 6,033,562
1. Operations............................. $ 6,217,892
Total Funds Budgeted.....................$ 6,217,892
State Funds Budgeted.....................$ 5,683,562
GEORGIA LAWS 1984 SESSION 139
2. Tax Ratio Study............................$ 350,000
Total Funds Budgeted.................... $ 350,000
State Funds Budgeted................1.....$ 350,000
Budget Unit Object Classes:
Operations.............................. $ 6,217,892
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..................$ 2,783,268
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 $10,500
shall be allocated for the cost of Georgias pro rata
share for the operation of the National Center for
State Courts.
Total Positions Budgeted 59
Section 4. Superior Courts.
Budget Unit: Superior Courts..................$ 22,494,142
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.
140
GENERAL ACTS AND RESOLUTIONS, VOL. I
For payment of salaries, the payment of mile-
age and other expenses as may be authorized by
law for the District Attorneys, Assistant District
Attorneys, and District Attorneys Emeritus.
For the cost of operating the Sentence Review
Panel as created by 1974 Georgia Laws, p. 358
(Code Section 17-10-6).
Provided, however, that the listed appropria-
tion shall be increased by the amount of $27,078
per annum for each additional Judge Emeritus
position established during the fiscal year, and by
the amount of $17,000 per annum for each addi-
tional District Attorney Emeritus position estab-
lished during the fiscal year.
Provided, further, that the listed appropriation
shall be increased by the amount of $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 appropria-
tion 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, $488,744 is designated
and committed for the Prosecuting Attorneys
Council for operations and $101,924 is designated
and committed for the Sentence Review Panel.
Provided, however, of the above appropriation
$10,000 is designated and committed to permit
Judges with less than five years of experience to
attend the Judicial College.
Total Positions Budgeted 544
Section 5. Court of Appeals.
Budget Unit: Court of Appeals..................$ 3,104,662
GEORGIA LAWS 1984 SESSION
141
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.................. $ 718,842
Administrative Office of the
Courts..................................$ 419,917
Case Counting......................... $ 68,925
Institute for Continuing
Judicial Education......................$ 230,000
Total Funds Budgeted......................$ 718,842
State Funds Budgeted......................$ 718,842
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
142
GENERAL ACTS AND RESOLUTIONS, VOL. I
For the cost of operating the Judicial Qualifica-
tions Commission.
Total Positions Budgeted 0
Section 9. Board of Court Reporting.
Budget Unit:..................................$ 16,870
For the cost of operating the Board of Court
Reporting.
Total Positions Budgeted 1
Section 10. Council of Juvenile
Court Judges.
Budget Unit:.............................. $ 110,595
For the cost of operating the Council of Juve-
nile Court Judges.
Total Positions Budgeted 3
Section 11. Georgia Magistrate Courts
Training Council.
Budget Unit:..................................$ 15,060
For the cost of operating the Georgia Magis-
trate Courts Training Council.
Total Positions Budgeted 0
Section 12. Georgia Judicial Administrative
Districts.
Budget Unit:..................................$ 523,028
GEORGIA LAWS 1984 SESSION
143
For the cost of operating the Georgia Judicial
Administrative Districts.
It is the intent of this General Assembly that
the funds appropriated herein to the Judicial
Administrative Districts shall be budgeted to the
ten districts by the Chairman of the Judicial Coun-
cil.
Total Positions Budgeted 20
PART III.
EXECUTIVE BRANCH
Section 13. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services.............$ 29,397,140
1. State Properties Commission Budget:
Personal Services...,.................... $ 234,003
Regular Operating Expenses............... $ 6,645
Travel................................... $ 2,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 500
Equipment Purchases...........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals.............|...........$ 15,750
Telecommunications....................... $ 3,827
Per Diem, Fees and Contracts...............$ 14,200
Total Funds Budgeted..................... $ 277,425
State Funds Budgeted..................... $ 277,425
Total Positions Budgeted 6
2. Departmental Administration Budget:
Personal Services..........................$ 1,152,523
Regular Operating Expenses........;...........$ 122,901
Travel.....................................$ 11,045
Motor Vehicle Equipment Purchases....,........$ -0-
Publications and Printing..................$ 11,000
Equipment Purchases...................... $ 1,283
Computer Charges....................... $ 23,000
Real Estate Rentals...................... $ 231,927
Telecommunications.........................$ 21,354
144
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts.............$ -0-
Direct Payments to Georgia
Building Authority for
Capital Outlay.......................;....$ 100,000
Direct Payments to Georgia
Building Authority for
Operations.........,i.................$ 177,369
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.................$ 850,000
Total Funds Budgeted......................$ 2,702,402
State Funds Budgeted......................$ 2,702,402
Total Positions Budgeted 42
3. Treasury and Fiscal
Administration Budget:
Personal Services.........................$ 894,425
Regular Operating Expenses................$ 98,218
Travel....................................$ 5,940
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,400
Equipment Purchases.......................$ 1,196
Computer Charges..........................$ 5,776,013
Real Estate Rentals...,............... $ 79,189
Telecommunications.................... $ 17,599
Per Diem, Fees and Contracts..............$ -0-
Unemployment Compensation Reserve.........$ 11,468
Public Safety Officers
Indemnification Fund.................. $ 216,800
Total Funds Budgeted......................$ 7,110,248
State Funds Budgeted......................$ 4,512,170
Total Positions Budgeted 29
4. Central Supply Administration
Budget:
Personal Services.........................$ 258,782
Regular Operating Expenses................$ 333,962
Travel....................................$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases..................... $ 1,450
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 65,503
Telecommunications...................... $ -0-
GEORGIA LAWS 1984 SESSION
145
Per Diem, Fees and Contracts..............$ 800
Materials for Resale......................$ 6,517,830
Utilities.................................$ -0-
Total Funds Budgeted......................$ 7,178,327
Total Expenditures Authorized.............$ 7,178,327
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 15
5. Procurement Administration Budget:
Personal Services.........................$ 1,252,913
Regular Operating Expenses.............. $ 116,592
Travel....................................$ 8,650
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 35,500
Equipment Purchases................ .....$ 825
Computer Charges........................ $ 202,755
Real Estate Rentals.......................$ 199,749
Telecommunications........................$ 38,735
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,855,719
State Funds Budgeted......................$ 1,855,719
Total Positions Budgeted 50
6. General Services Administration
Budget:
Personal Services....................... $ 304,494
Regular Operating Expenses................$ 8,091
Travel....................................$ 6,550
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 10,300
Equipment Purchases.......................$ 200
Computer Charges........................ $ 19,747
Real Estate Rentals.......................$ 40,734
Telecommunications........................$ 23,366
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted.................... $ 413,482
Total Expenditures Authorized.............$ 413,482
State Funds Budgeted......................$ -0-
Total Positions Budgeted 11
7. Space Management
Administration Budget:
Personal Services.........................$ 267,908
Regular Operating Expenses................$ 8,066
146 GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel.................................. $
Motor Vehicle Equipment Purchases.........$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges....;.....................$
Real Estate Rentals.......................$
Telecommunications..........................$
Per Diem, Fees and Contracts..............$
Materials for Resale.....,....:...........$
Total Funds Budgeted......................$
State Funds Budgeted......................$
Total Positions Budgeted
8. Data Processing Services Budget:
Personal Services...................
Regular Operating Expenses................$
Travel................................ $
Motor Vehicle Equipment
Purchases...........................j...$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges................... ...$
Rents and Maintenance Expense.............$
Real Estate Rentals......1............ $
Telecommunications........................$
Payments to DOAS Fiscal
Administration...................... $
Per Diem, Fees and Contracts..............$
Total Funds Budgeted.................. $
Total Expenditures Authorized.............$
State Funds Budgeted.................. $
Total Positions Budgeted
9. Motor Pool Services Budget:
Personal Services....................... $
Regular Operating Expenses................$
Travel................................ $
Motor Vehicle Equipment Purchases.........$
Publications and Printing............... $
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
4.000
-0-
400
1.000
2,500
25,650
4,348
-0-
-0-
313,872
313,872
10
17,671,805
1,457,751
60,000
-0-
361.000
160,745
305.000
20,602,895
1,785,745
311,779
2,457,662
433,800
45,608,182
45,608,182
13,669,742
664
398,502
1,485,671
-0-
279,500
-0-
27,000
-0-
720
-0-
2,500
GEORGIA LAWS 1984 SESSION 147
Total Funds Budgeted......................$ 2,193,893
Total Expenditures Authorized.............$ 2,193,893
State Funds Budgeted......................$ -0-
Total Positions Budgeted 23
10. Communication Services Budget:
Personal Services................;........$ 2,618,649
Regular Operating Expenses................$ 378,762
Travel.................................. $ 11,000
Motor Vehicle Equipment
Purchases.............................. $ 68,770
Publications and Printing.................$ 58,770
Equipment Purchases.........'a............$ 56,000
Computer Charges........................ $ 164,606
Real Estate Rentals..................... $ 193,463
Telecommunications..................... $ 385
Per Diem, Fees and Contracts..............$ 30,000
Telephone Billings...................... $ 29,101,171
Total Funds Budgeted......................$ 32,681,576
Total Expenditures Authorized.............$ 32,681,576
State Funds Budgeted......................$ 6,000,000
Total Positions Budgeted 109
11. Printing Services Budget:
Personal Services.........................$ 1,498,336
Regular Operating Expenses................$ 1,528,187
Travel..............................seqs..$ -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......................$ 3,699,732
Total Expenditures Authorized.............$ 3,699,732
State Funds Budgeted......................$ -0-
Total Positions Budgeted 70
12. Surplus Property Services Budget:
Personal Services.........................$ 782,855
Regular Operating Expenses................$ 275,487
Travel................................ $ 24,349
148
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases....g...$ -0-
Publications and Printing.................$ 17,500
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......................$ 1,189,561
State Funds Budgeted......................$ -0-
Total Positions Budgeted 40
13. Mail and Courier Services Budget:
Personal Services..................... $ 170,557
Regular Operating Expenses................$ 118,877
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......................$ 313,091
Total Expenditures Authorized.............$ 313,091
State Funds Budgeted......................$ -0-
Total Positions Budgeted 10
14. Self-Insurance Services Budget:
Personal Services.........................$ 610,149
Regular Operating Expenses................$ 33,506
Travel...............................8...$ 29,500
Motor Vehicle Equipment Purchases.........$ 14,000
Publications and Printing........................3,000
Equipment Purchases.......................$ 5,900
Computer Charges..........................$ 85,053
Real Estate Rentals.......................$ 69,377
Telecommunications........................$ 15,052
Materials for Resale.................. $ -0-
Per Diem, Fees and Contracts..............$ 20,000
Total Funds Budgeted.................... $ 885,537
Total Expenditures Authorized.............$ 885,537
GEORGIA LAWS 1984 SESSION
149
State Funds Budgeted........................$ -0-
Total Positions Budgeted 24
15. Health Planning Review Board Budget:
Personal Services...........................$ -0-
Regular Operating Expenses................ $ -0-
Travel.................................... $ -0-
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing............k.............$ -0-
Equipment Purchases.........................$ -0-
Computer Charges................;;..........;..;i..$ -0-
Real Estate Rentals.........................$ -0-
Per Diem, Fees and Contracts................$ 65,810
Capital Outlay............................ $ -0-
Total Funds Budgeted........................$ 65,810
State Funds Budgeted........................$ 65,810
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services....................... $ 28,115,901
Regular Operating Expenses..................$ 5,972,716
Travel......................................$ 163,534
Motor Vehicle Equipment
Purchases.................................$ 372,270
Publications and Printing...................$ 507,370
Equipment Purchases.........................$ 375,859
Computer Charges.......................... $ 6,580,174
Real Estate Rentals.........................$ 2,884,013
Telecommunications..........................$ 450,203
Per Diem, Fees and Contracts................$ 579,110
Rents and Maintenance Expense...............$ 20,602,895
Utilities...................................$ 27,512
Unemployment Compensation
Reserve...................................$ 11,468
Payments to DOAS Fiscal
Administration............................$ 2,457,662
Direct Payments to Georgia
Building Authority for
Capital Outlay............................$ 100,000
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals...................$ 850,000
150
GENERAL ACTS AND RESOLUTIONS, VOL. I
Direct Payments to Georgia
Building Authority for
Operations...............................$ 177,369
Telephone Billings.....;...................$ 29,101,171
Materials for Resale.......................$ 6,942,830
Public Safety Officers
Indemnity Fund...........................$ 216,800
Total Positions Budgeted 1,103
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
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...............................$ 413,482
Data Processing Service........................$ 43,438,440
Motor Pool Service.............................$ 2,193,893
Communication Services......................32,681,576
Printing Services........................... .$ 3,699,732
Total..........................................$ 82,427,123
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.
GEORGIA LAWS 1984 SESSION
151
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.........................$ 11,794,652
Regular Operating Expenses.,..............$ 3,003,425
Travel.....................................$ 4,000
Motor Vehicle Equipment
Purchases................................$ 18,140
Publications and Printing..................$ 62,000
Equipment Purchases................. .....$ 86,053
Computer Charges ....................... $ -0-
Real Estate Rentals........................$ 46,052
Telecommunications.........................$ 69,200
Per Diem, Fees and Contracts...............$ 87,500
Capital Outlay.............................$ 100,000
Authority Lease Rentals....................$ 653,234
Utilities................................ $ 6,290,000
Facilities Renovations
and Repairs..............................$ -0-
Total Funds Budgeted.......................$ 22,214,256
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 518
Budget Unit Object Classes:
Personal Services........................ $ 11,794,652
Regular Operating Expenses.................$ 3,003,425
Travel.....................................$ 4,000
Motor Vehicle Equipment
Purchases................................$ 18,140
Publications and Printing..................$ 62,000
Equipment Purchases........................$ 86,053
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ 46,052
Telecommunications.........................$ 69,200
Per Diem, Fees and Contracts...............$ 87,500
Capital Outlay.............................$ 100,000
152
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
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.........................$ 22,457,583
1. Plant Industry Budget:
Personal Services..........................$ 3,481,111
Regular Operating Expenses.................$ 333,638
Travel.....................................$ 120,000
Motor Vehicle Equipment Purchases..........$ 56,448
Publications and Printing..................$ 27,755
Equipment Purchases........................$ 45,950
Computer Charges......................... $ -0-
Real Estate Rentals....................I..$ 2,553
Telecommunications.........................$ 43,834
Per Diem, Fees and Contracts...............$ 11,584
Total Funds Budgeted.......................$ 4,122,873
State Funds Budgeted.......................$ 3,645,606
Total Positions Budgeted 167
2. Animal Industry Budget:
Personal Services........................ $ 1,260,749
Regular Operating Expenses.................$ 124,318
Travel.....................................$ 40,000
Motor Vehicle Equipment Purchases..........$ 44,072
GEORGIA LAWS 1984 SESSION
153
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................................$ 452,741
Tifton Veterinary Laboratory
Contract................................$ 836,580
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston,
Statesboro and Tifton...................$ 998,542
Veterinary Fees............................$ 510,000
Indemnities.............................. $ 68,000
Total Funds Budgeted.......................$ 4,470,629
State Funds Budgeted.......................$ 4,130,798
Total Positions Budgeted 54
3. Marketing Budget:
Personal Services..........................$ 997,782
Regular Operating Expenses.................$ 153,350
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.......................$ 1,346,760
State Funds Budgeted.......................$ 1,341,760
Total Positions Budgeted 40
4. Major Markets Budget:
Personal Services..........................$ 1,924,227
Regular Operating Expenses.................$ 739,107
Travel.....................................$ 11,000
Motor Vehicle Equipment Purchases..........$ 14,640
Publications and Printing..................$ 6,000
Equipment Purchases............................. 9,900
Computer Charges......................... $ -0-
154
GENERAL ACTS AND RESOLUTIONS, VOL. I
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......................$ 2,876,537
State Funds Budgeted......................$ 64,145
Total Positions Budgeted 106
5. General Agricultural Field
Forces Budget:
Personal Services.........................$ 2,199,194
Regular Operating Expenses.............. $ 107,674
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......................$ 2,575,222
State Funds Budgeted......................$ 2,575,222
Total Positions Budgeted 109
6. Internal Administration Budget:
Personal Services.........................$ 1,414,275
Regular Operating Expenses................$ 267,731
Travel....................................$ 25,000
Motor Vehicle Equipment Purchases.........$ 29,224
Publications and Printing.................$ 13,000
Equipment Purchases.......................$ 6,000
Computer Charges..........................$ 161,099
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...................$ 271,280
Total Funds Budgeted.................... $ 2,821,790
GEORGIA LAWS 1984 SESSION
155
State Funds Budgeted.......................$ 2,754,099
Total Positions Budgeted 56
7. Information and Education Budget:
Personal Services...............u.........$ 175,058
Regular Operating Expenses.................$ 13,870
Travel................................... $ 550
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing................. $ 401,960
Equipment Purchases...................... $ 1,550
Computer Charges...........................$ -0-
Real Estate Rentals.................... $ -0-
Telecommunications....................... $ 6,781
Per Diem, Fees and Contracts...............$ -0-
Market Bulletin Postage....................$ 526,000
Total Funds Budgeted..................... $ 1,125,769
State Funds Budgeted.......................$ 1,125,769
Total Positions Budgeted 9
8. Fuel and Measures Standards
Budget:
Personal Services........................ $ 1,388,136
Regular Operating Expenses.................$ 245,847
Travel................................. $ 85,100
Motor Vehicle Equipment Purchases..........$ 32,194
Publications and Printing..................$ 6,000
Equipment Purchases.................... $ 172,800
Computer Charges......................... $ -0-
Real Estate Rentals...................... $ -0-
Telecommunications....................... $ 16,077
Per Diem, Fees and Contracts............. $ -0-
Total Funds Budgeted..................... $ 1,946,154
State Funds Budgeted............bn........$ 1,782,154
Total Positions Budgeted 71
9. Consumer Services Budget:
Personal Services..........................$ 708,041
Regular Operating Expenses.................$ 63,813
Travel................................... $ 13,000
Motor Vehicle Equipment Purchases..........$ 51,555
Publications and Printing..................$ 3,800
Equipment Purchases.................... $ 900
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
156
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications........................$ 19,679
Per Diem, Fees and Contracts..............$ 1,500
Total Funds Budgeted......................$ 862,288
State Funds Budgeted......................$ 862,288
Total Positions Budgeted 27
10. Consumer Protection Field
Forces Budget:
Personal Services.........................$ 3,282,856
Regular Operating Expenses................$ 125,889
Travel....................................$ 160,000
Motor Vehicle Equipment Purchases.........$ 51,555
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......................$ 3,682,337
State Funds Budgeted.................... $ 2,915,981
Total Positions Budgeted 128
11. Meat Inspection Budget:
Personal Services.........................$ 2,753,870
Regular Operating Expenses................$ 77,750
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......................$ 3,177,664
State Funds Budgeted......................$ 1,259,761
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-
GEORGIA LAWS 1984 SESSION
157
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..........................$ 19,778,269
Regular Operating Expenses.................$ 2,256,687
Travel.....................................$ 820,850
Motor Vehicle Equipment
Purchases........|.......................$ 416,505
Publications and Printing..................$ 492,515
Equipment Purchases........................$ 257,045
Computer Charges...........................$ 161,099
Real Estate Rentals........................$ 592,546
Telecommunications.........................$ 324,780
Per Diem, Fees and Contracts...............$ 255,254
Market Bulletin Postage....................$ 526,000
Athens Veterinary Laboratory
Contract.................................$ 452,741
Tifton Veterinary Laboratory
Contract.................................$ 836,580
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston,
Statesboro and Tifton....................$ 998,542
Veterinary Fees.......................... $ 510,000
Indemnities................................$ 68,000
Advertising Contract.......................$ 95,000
Payments to Georgia Agrirama
Development Authority for
Operations...............................$ 271,280
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets........................$ 75,000
Contract - Federation of
Southern Cooperatives....................$ 20,000
Total Positions Budgeted 897
Authorized Motor Vehicles 259
158
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Renovation, Construction, Repairs and
Maintenance Projects at Major and Minor Mar-
kets, 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, $25,000 is designated and committed for
on-farm testing for brucellosis in cattle to be
transported out of Georgia.
Provided, that the Athens and Tifton Veteri-
nary Laboratories are authorized to charge testing
fees for export swine and cattle only, which fees
shall be reasonable.
B. Budget Unit: Georgia Agrirama
Development Authority...........$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services.......................$ 438,282
Regular Operating Expenses..............$ 98,930
Travel..................................$ 6,275
Motor Vehicle Equipment Purchases.......$ 9,265
Publications and Printing...............$ 6,925
Equipment Purchases.....................$ 3,650
Computer Charges........................$ -0-
GEORGIA LAWS 1984 SESSION
159
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 6,000
Per Diem, Fees and Contracts..............$ 24,000
Capital Outlay.......................I...$ 288,800
Goods for Resale..........................$ 89,600
Total Funds Budgeted......................$ 971,727
State Funds Budgeted.................. $ -0-
Total Positions Budgeted 27
Budget Unit Object Classes:
Personal Services.........................$ 438,282
Regular Operating Expenses................$ 98,930
Travel....................................$ 6,275
Motor Vehicle Equipment Purchases.........$ 9,265
Publications and Printing.................$ 6,925
Equipment Purchases.......................$ 3,650
Computer Charges.................. .....$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 6,000
Per Diem, Fees and Contracts..............$ 24,000
Capital Outlay...................... $ 288,800
Goods for Resale..........................$ 89,600
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......................$ 3,509,087
Administration and Examination Budget:
Personal Services........................$ 2,910,325
Regular Operating Expenses...............$ 145,297
Travel...................................$ 252,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 19,550
Equipment Purchases......................$ 5,700
Computer Charges.........................$ 9,150
Real Estate Rentals......................$ 127,800
Telecommunications...................... $ 37,265
160
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts.............$ 2,000
Total Funds Budgeted.....................$ 3,509,087
State Funds Budgeted............... ....$ 3,509,087
Total Positions Budgeted 102
Budget Unit Object Classes:
Personal Services........................$ 2,910,325
Regular Operating Expenses............. $ 145,297
Travel...................................$ 252,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 19,550
Equipment Purchases......................$ 5,700
Computer Charges........................i$ 9,150
Real Estate Rentals......................$ 127,800
Telecommunications.......................$ 37,265
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........... ....$ 4,619,257
1. Executive and Administrative Budget:
Personal Services................ ....$ 555,074
Regular Operating Expenses............. $ 38,100
Travel....................;..............$ 10,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 6,750
Equipment Purchases.................... $ -0-
Computer Charges..................... $ -0-
Real Estate Rentals............... .;...$ 39,297
Telecommunications..................... $ 11,220
Per Diem, Fees and Contracts.............$ 12,500
Capital Felony Expenses.......1..........$ 5,940
Multi-State Transportation Board......j..$ -0-
Contracts with Area Planning
and Development Commissions............$ 1,244,025
Grants for Revitalization
Projects...............................$ 50,000
Special Grants......................... $ 10,000
Local Assistance Grants...........:......$ 335,000
Total Funds Budgeted.....................$ 2,317,906
GEORGIA LAWS 1984 SESSION
161
State Funds Budgeted.....................$ 2,249,287
Total Positions Budgeted 18
2. Technical Assistance Budget:
Personal Services...................... $ 710,411
Regular Operating Expenses...............$ 22,275
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
Per Diem, Fees and Contracts.............$ 23,925
Juvenile Justice
Grants (Federal).......................$ 1,000,000
Total Funds Budgeted.....................$ 1,879,207
State Funds Budgeted.....................$ 815,440
Total Positions Budgeted 24
3. Community and Economic
Development Budget:
Personal Services....................... $ 742,790
Regular Operating Expenses...............$ 20,920
Travel................................. $ 45,500
Motor Vehicle Equipment
Purchases........................... $ -0-
Publications and Printing.............. $ 9,000
Equipment Purchases......................$ 350
Computer Charges....................... $ -0-
Real Estate Rentals......................$ 54,579
Telecommunications.......................$ 20,900
Per Diem, Fees and Contracts........... $ 5,000
Economic Development Grants..............$ 180,000
Community Development Block
Grants (Federal).......................$ 42,000,000
Total Funds Budgeted.....................$ 43,079,039
State Funds Budgeted................... $ 851,668
Total Positions Budgeted 24
4. Intergovernmental Assistance Budget:
Personal Services........................$ 658,858
Regular Operating Expenses...............$ 14,493
Travel................................. $ 23,710
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 15,950
Equipment Purchases..................... $ -0-
Computer Charges..........................$ 5,600
Real Estate Rentals.......................$ 41,481
Telecommunications........................$ 17,100
Per Diem, Fees and Contracts..............$ 3,180
Appalachian Regional Commission
Assessment.............................$ 89,777
Appalachian Regional Commission
Matching Grants........................$ 25,000
Appalachian Regional Commission
Grants (Federal).......................$ 8,500,000
Total Funds Budgeted...;.*.............. $ 9,395,149
State Funds Budgeted......................$ 702,862
Total Positions Budgeted 19
Budget Unit Object Classes:
Personal Services....................... $ 2,667,133
Regular Operating Expenses................$ 95,788
Travel.................................. $ 118,460
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing.................$ 40,600
Equipment Purchases.......................$ 750
Computer Charges........................ $ 6,600
Real Estate Rentals.......................$ 187,753
Telecommunications..................i....$ 69,870
Per Diem, Fees and Contracts..............$ 44,605
Capital Felony Expenses...................$ 5,940
Contracts with Area Planning
and Development Commissions............$ 1,244,025
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...............$ 180,000
Appalachian Regional Commission
Assessment.............................$ 89,777
Multi-State Transportation Board..........$ -0-
GEORGIA LAWS 1984 SESSION
163
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....................... $ 1,900,951
Regular Operating Expenses................$ 219,738
Travel.........1..........................$ 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..............................I.....$ 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
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GENERAL ACTS AND RESOLUTIONS, VOL. I
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...........................$ 6,031,984
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
Equipment Purchases........................$ 1,000
Computer Charges......................... $ 128,304
Real Estate Rentals........................$ 114,189
Telecommunications.........................$ 21,893
Per Diem, Fees and Contracts...............$ -0-
Total Funds Budgeted...............If.....$ 926,253
State Funds Budgeted.......................$ 906,253
Total Positions Budgeted 20
2. Insurance Regulation Budget:
Personal Services........................ $ 1,084,042
Regular Operating Expenses.................$ 67,891
Travel................................. $ 5,683
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 95,000
Equipment Purchases........................$ -0-
Computer Charges......................... $ 68,110
Real Estate Rentals........................$ 144,925
Telecommunications.........................$ 24,909
Per Diem, Fees and Contracts...............$ 5,000
Total Funds Budgeted.......................$ 1,495,560
State Funds Budgeted.......................$ 1,409,566
Total Positions Budgeted 52
3. Industrial Loans Regulation
Budget:
Personal Services..........................$ 375,212
Regular Operating Expenses.................$ 20,572
Travel................................ $ 14,810
GEORGIA LAWS 1984 SESSION
165
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.................... $ 467,465
State Funds Budgeted...................,..$ 467,465
Total Positions Budgeted 13
4. Information and Enforcement
Budget:
Personal Services.........................$ 1,055,612
Regular Operating Expenses................$ 40,202
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.................... $ 1,289,772
State Funds Budgeted.................... $ 1,289,772
Total Positions Budgeted 45
5. Fire Safety and Mobile Home
Regulation Budget:
Personal Services....................... $ 1,971,642
Regular Operating Expenses................$ 112,798
Travel........................w..........$ 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..............$ 9,000
Total Funds Budgeted.................... $ 2,359,113
State Funds Budgeted......................$ 1,958,928
Total Positions Budgeted 105
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services........................$ 5,035,729
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.........................$ 196,414
Real Estate Rentals......................$ 469,325
Telecommunications.......................$ 106,927
Per Diem, Fees and Contracts.............$ 14,500
Total Positions Budgeted 235
Authorized Motor Vehicles 57
Section 18. Department of Defense.
Budget Unit: Department of Defense...........$ 3,082,932
1. Office of the Adjutant General
Budget:
Personal Services........................$ 718,984
Regular Operating Expenses...............$ 22,293
Travel................................. $ 5,580
Motor Vehicle Equipment Purchases........$ 10,000
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.....................$ 772,822
State Funds Budgeted.....................$ 694,204
Total Positions Budgeted 21
2. Georgia Emergency Management
Agency Budget:
Personal Services........................$ 936,203
Regular Operating Expenses...............$ 114,449
Travel.................................. $ 29,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 20,900
Equipment Purchases......................$ 1,095
Computer Charges.........................$ -0-
GEORGIA LAWS 1984 SESSION 167
Real Estate Rentals........................$ 5,960
Telecommunications.........................$ 40,150
Per Diem, Fees and Contracts...............$ 60,240
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........,,...,,........$ 1,310,897
State Funds Budgeted..................... $ 498,033
Total Positions Budgeted 36
3. Georgia Air National Guard
Budget:
Personal Services..........................$ 1,207,866
Regular Operating Expenses.................$ 299,130
Travel.....................................$ 300
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 850
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.......................$ 2,186,815
State Funds Budgeted.......................$ 297,720
Total Positions Budgeted 56
4. Georgia Army National Guard
Budget:
Personal Services..........................$ 1,672,881
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.........................$ 24,000
Per Diem, Fees and Contracts...............$ 9,500
Utilities..................................$ 567,700
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay.............................$ 996,416
Georgia Military Institute Grant...........$ 18,000
Grants to National Guard Units.............$ 411,000
Repairs and Renovations....................$ 85,000
Total Funds Budgeted.......................$ 4,430,362
State Funds Budgeted.......................$ 1,592,975
Total Positions Budgeted 84
Budget Unit Object Classes:
Personal Services......................... $ 4,535,934
Regular Operating Expenses.................$ 1,045,187
Travel................................... $ 38,130
Motor Vehicle Equipment Purchases..........$ 10,000
Publications and Printing..................$ 41,550
Equipment Purchases........................$ 18,495
Computer Charges...........................$ -0-
Real Estate Rentals..........$............$ 5,960
Telecommunications.........................$ 66,215
Per Diem, Fees and Contracts...............$ 79,740
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.............................$ 996,416
Local Civil Defense Grants -
Project Application......................$ 40,000
Local Civil Defense
Grants - Training........................$ -0-
Repairs and Renovations....................$ 85,000
Total Positions Budgeted 197
Authorized Motor Vehicles 20
Section 19. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.............i............$1,477,602,570
1. Instructional Services Budget:
Personal Services..........................$ 4,418,446
Regular Operating Expenses.................$ 756,798
Travel.....................................$ 291,845
Motor Vehicle Equipment Purchases..........$ -0-
GEORGIA LAWS 1984 SESSION
169
Publications and Printing..................$ 144,885
Equipment Purchases........................$ 13,150
Real Estate Rentals...................... $ 372,483
Telecommunications.........................$ 115,640
Per Diem, Fees and Contracts...............$ 91,604
Utilities..................................$ 3,575
Total Funds Budgeted.......................$ 6,208,426
Indirect DOAS Services Funding.............$ 51,000
State Funds Budgeted..................... $ 3,549,502
Total Positions Budgeted 165
2. Governors Honors Program Budget:
Personal Services........................ $ 286,799
Regular Operating Expenses.................$ 25,350
Travel................................... $ 3,395
Motor Vehicle Equipment Purchases...,......$ -0-
Publications and Printing..................$ 11,600
Equipment Purchases........................$ 3,625
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 5,570
Per Diem, Fees and Contracts...............$ 455,520
Total Funds Budgeted.......................$ 791,859
State Funds Budgeted.......................$ 779,359
Total Positions Budgeted 2
3. Vocational Education Budget:
Personal Services........................ $ 2,830,496
Regular Operating Expenses.................$ 264,612
Travel.................................... $ 202,126
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 58,971
Equipment Purchases...................... $ 13,140
Real Estate Rentals........................$ 294,845
Telecommunications.........................$ 91,999
Per Diem, Fees and Contracts...............$ 1,491,776
Utilities..................................$ 14,275
Total Funds Budgeted.......................$ 5,262,240
State Funds Budgeted.......................$ 2,040,137
Total Positions Budgeted 93
4. Public Library Services Budget:
Personal Services..........................$ 850,376
Regular Operating Expenses.................$ 204,571
Travel.....................................$ 14,800
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Publications and Printing..................$ 13,180
Equipment Purchases...................... $ -0-
Real Estate Rentals........................$ 124,000
Telecommunications.........................$ 37,320
Per Diem, Fees and Contracts...............$ 130,000
Utilities..................................$ 14,510
Total Funds Budgeted.......................$ 1,388,757
State Funds Budgeted.......................$ 744,623
Total Positions Budgeted 41
5. State Administration Budget:
Personal Services..........................$ 1,010,802
Regular Operating Expenses.................$ 298,709
Travel.................................... $ 57,500
Motor Vehicle Equipment Purchases..........$ 6,500
Publications and Printing..................$ 8,626
Equipment Purchases........................$ 4,522
Real Estate Rentals...................:....$ 181,287
Telecommunications.........................$ 27,920
Per Diem, Fees and Contracts...............$ 271,950
Total Funds Budgeted.......................$ 1,867,816
State Funds Budgeted.......................$ 1,427,265
Total Positions Budgeted 31
6. Administrative Services Budget:
Personal Services........................ $ 5,001,316
Regular Operating Expenses.................$ 302,191
Travel................................... $ 242,315
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 198,610
Equipment Purchases...................... $ 35,073
Computer Charges...........................$ 1,012,221
Real Estate Rentals..........*.............$ 660,374
Telecommunications.........................$ 115,000
Per Diem, Fees and Contracts...............$ 1,060,489
Utilities..................................$ 7,645
Total Funds Budgeted..................... $ 8,635,234
Indirect DOAS Services Funding.............$ 289,000
State Funds Budgeted.......................$ 4,518,950
Total Positions Budgeted 198
GEORGIA LAWS 1984 SESSION
171
7. Certification of Public
School Personnel Budget:
Personal Services...*;...........................575,775
Regular Operating Expenses..*;.............$ 29,227
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..,....................$ 630,392
State Funds Budgeted.......................$ 617,544
Total Positions Budgeted 29
8. Planning and Development Budget:
Personal Services........................ $ 2,164,752
Regular Operating Expenses..........*......$ 81,420
Travel.....................................$ 88,761
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 75,650
Equipment Purchases...................... $ 7,750
Real Estate Rentals...................... $ 333,343
Telecommunications.................. ...$ 55,475
Per Diem, Fees and Contracts...............$ 1,211,309
Total Funds Budgeted..................... $ 4,018,460
State Funds Budgeted.......................$ 3,258,827
Total Positions Budgeted 68
9. Professional Standards
Commission Budget:
Personal Services..........................$ 63,087
Regular Operating Expenses..........*.*..,.$ 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...............$ 38,229
Total Funds Budgeted.......................$ 126,276
State Funds Budgeted.......................$ 126,276
Total Positions Budgeted 2
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GENERAL ACTS AND RESOLUTIONS, VOL. I
10. Vocational Advisory
Council Budget:
Personal Services.........................$ 69,176
Regular Operating Expenses................$ 15,010
Travel....................................$ 4,825
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 10,000
Equipment Purchases.......................$ 6,700
Computer Charges..........................$ -0-
Real Estate Rentals..............:........$ 8,000
Telecommunications...................... $ 3,585
Per Diem, Fees and Contracts..............$ 35,000
Total Funds Budgeted......................$ 152,296
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 2
11. Professional Practices
Commission Budget:
Personal Services....................... $ 250,075
Regular Operating Expenses................$ 9,810
Travel......................|.............$ 17,640
Motor Vehicle Equipment Purchases.........$ 9,200
Publications and Printing.................$ 1,500
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ 25,140
Telecommunications...................... $ 5,930
Per Diem, Fees and Contracts..............$ 46,102
Total Funds Budgeted......................$ 365,397
State Funds Budgeted......................$ 365,397
Total Positions Budgeted 7
12. Local Programs Budget:
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)...........................$ 610,903,307
Salaries of Instructional
Personnel Code
Section 20-2-152......................$ 107,227,240
Salaries of Instructional
Personnel Code
Section 20-2-153......................$ 26,400,041
GEORGIA LAWS 1984 SESSION
173
Salaries of Student
Supportive Personnel...................$ 25,824,761
Salaries of Administrative
and Supervisory
Personnel..............................$ 72,091,943
Special Education
Leadership Personnel...................$ 3,389,518
Instructional Media......................$ 20,051,949
Instructional Equipment......i...........$ 688,381
Maintenance and Operation................$ 94,228,859
Sick and Personal Leave..................$ 5,569,986
Travel..................j................$ 1,009,626
Pupil Transportation................... $ 85,482,757
Isolated Schools.........................$ 541,872
Mid-Term Adjustment......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 91,786,680
Teacher Retirement.......................$ 114,871,213
Instructional Services for
the Handicapped........................$ 22,786,835
Preparation of Professional
Personnel in Education
of Handicapped Children................$ 43,775
Tuition for the Multi-
handicapped ........................... $ 1,172,000
Severely Emotionally
Disturbed.......................... $ 16,431,023
Compensatory Education...................$ 16,670,810
School Lunch (Federal)................. $ 78,851,316
School Lunch (State).....................$ 17,415,469
Supplemental Educational
Centers and Services.............L.....$ 38,018
Staff Development........................$ 716,448
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,647,090
Cooperative Educational
Service Agencies.......................$ 3,944,471
Superintendents Salaries................$ 5,169,884
High School Program......................$ 28,470,079
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Area Vocational-Technical
Schools................................$ 55,430,784
Career Education.........................$ 24,511
Junior College Vocational
Program................................$ 1,746,433
Transportation Program
for Refugee Children..........1........$ 2,301
Quick Start Program......................$ 3,060,000
Nutrition Education.................jtt..$ 4,612
Comprehensive Employment
and Training...........................$ 2,290,000
Special Projects Grant...................$ 161,500
Vocational Research and
Curriculum.............................$ 366,539
Adult Education..........................$ 3,151,377
Salaries and Travel of
Public Librarians......................$ 4,553,620
Public Library Materials.................$ 3,232,625
Talking Book Centers.....................$ 684,527
Public Library Maintenance
and Operation..........................$ 2,714,607
Public Library Construction..............$ 441,995
Instructional Aides......................$ 9,827,481
Teacher Health Insurance.................$ 36,791,652
Teacher Health Insurance -
Retired Teachers.......................$ 6,204,000
Capital Outlay...........................$ 220,000
Grants to Local School
Systems for Educational
Purposes...............................$ 78,000,000
Salaries of Extended
Pre-School Personnel...................$ 12,531,454
Chapter II - Block Grant
Flow Through...........................$ 9,129,445
Child Care Lunch
Program................................$ 1,000,000
Total Funds Budgeted.......................$1,686,994,814
State Funds Budgeted.......................$1,460,174,690
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services..........................$ 17,521,100
Regular Operating Expenses.................$ 1,995,258
Travel.....................................$ 926,597
GEORGIA LAWS 1984 SESSION
175
Motor Vehicle Equipment
Purchases.................................$ 15,700
Publications and Printing...................$ 533,672
Equipment Purchases.........................$ 85,785
Computer Charges............................$ 1,012,221
Real Estate Rentals.........................$ 2,005,372
Telecommunications..........................$ 479,464
Per Diem, Fees and Contracts................$ 4,831,979
Utilities................................40,005
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a).............................$ 610,903,307
Salaries of Instructional
Personnel Code Section
20-2-152........................... ...$ 107,227,240
Salaries of Instructional
Personnel Code Section
20-2-153................................$ 26,400,041
Salaries of Student
Supportive Personnel....................$ 25,824,761
Salaries of Administrative
and Supervisory
Personnel...............................$ 72,091,943
Special Education
Leadership Personnel.................. $ 3,389,518
Instructional Media.......................$ 20,051,949
Instructional Equipment...................$ 688,381
Maintenance and Operation.................$ 94,228,859
Sick and Personal Leave...................$ 5,569,986
Travel.................................. $ 1,009,626
Pupil Transportation -
Regular............................... $ 85,482,757
Isolated Schools..........................$ 541,872
Mid-term Adjustment.......................$ -0-
Non-APEG Grants:
Education of Children of
Low-Income Families.....................$ 91,786,680
Teacher Retirement........................$ 114,871,213
Instructional Services for
the Handicapped.........................$ 22,786,835
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Preparation of Professional
Personnel in Education
of Handicapped Children..................$ 43,775
Tuition for the Multi-
handicapped ..............................$ 1,172,000
Severely Emotionally
Disturbed..............................$ 16,431,023
Compensatory Education....................$ 16,670,810
School Lunch (Fed.).......................$ 78,851,316
School Lunch (State)......................$ 17,415,469
Supplemental Education
Centers and Services...................$ 38,018
Staff Development.........................$ 716,448
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,647,090
Cooperative Educational
Service Areas..........................$ 3,944,471
Superintendents Salaries..................$ 5,169,884
High School Program.......................$ 28,470,079
Area School Program.......................$ 55,430,784
Career Education......................... $ 24,511
Junior College Program....................$ 1,746,433
Transportation for
Refugee Children..................... $ 2,301
Quick Start...............................$ 3,060,000
Nutrition Education.......................$ 4,612
Special Projects..........................$ 161,500
Comprehensive Employment
and Training...........................$ 2,290,000
Vocational Research and
Curriculum........................... $ 366,539
Adult Education......................... $ 3,151,377
Salaries and Travel of
Public Librarians......................$ 4,553,620
Public Library Materials..................$ 3,232,625
Talking Book Centers.................. $ 684,527
Public Library M & O......................$ 2,714,607
Public Library Construction...............$ 441,995
Instructional Aides.......................$ 9,827,481
Teacher Health Insurance..................$ 36,791,652
GEORGIA LAWS 1984 SESSION
177
Teacher Health Insurance -
Retired Teachers......................$ 6,204,000
Capital Outlay..........................$ 220,000
Grants to Local School
Systems for Educational
Purposes..............................$ 78,000,000
Indo-Chinese Refugee....................$ -0-
Salaries of Extended
Pre-School Personnel..................$ 12,531,454
Child Care Lunch
Program (Federal)..............:......$ 1,000,000
Chapter II - Block Grant
Flow Through............................$ 9,129,445
Total Positions Budgeted 638
Authorized Motor Vehicles 6
B. Budget Unit: Institutions...................$ 15,934,110
1. Georgia Academy for the Blind
Budget:
Personal Services..........................$ 2,606,258
Regular Operating Expenses............... $ 211,750
Travel.....................................$ 3,125
Motor Vehicle Equipment Purchases..........$ 8,000
Publications and Printing..................$ 2,845
Equipment Purchases........................$ 17,410
Telecommunications....................... $ 15,595
Computer Charges...........................$ 1,650
Per Diem, Fees and Contracts...............$ 7,700
Utilities..................................$ 213,014
Capital Outlay.............................$ 10,000
Total Funds Budgeted.......................$ 3,097,347
State Funds Budgeted..................... $ 2,829,662
Total Positions Budgeted 148
2. Georgia School for the Deaf
Budget:
Personal Services..........................$ 4,624,792
Regular Operating Expenses.................$ 524,299
Travel.....................................$ 9,670
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 400
Equipment Purchases........................$ 20,000
Computer Charges...........................$ 18,495
Telecommunications.........................$ 17,650
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ 7,650
Utilities.............................. $ 535,173
Capital Outlay........................... $ -0-
Total Funds Budgeted...................... $ 5,758,129
State Funds Budgeted....,..................$ 5,381,726
Total Positions Budgeted 247
3. Atlanta Area School for the Deaf
Budget:
Personal Services...................... $ 1,990,229
Regular Operating Expenses.................$ 178,212
Travel.................................. .$ 5,770
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,500
Equipment Purchases.................... $ 15,800
Computer Charges...........................$ 8,488
Telecommunications....I..........I.........$ 27,365
Per Diem, Fees and Contracts...............$ 77,615
Utilities..................................$ 155,688
Capital Outlay........................... $ -0-
Total Funds Budgeted...................... $ 2,460,667
State Funds Budgeted.......................$ 2,259,461
Total Positions Budgeted 96
4. North Georgia Vocational-Technical
School Budget:
Personal Services........................ $ 2,582,494
Regular Operating Expenses.................$ 752,285
Travel.....................................$ 22,500
Motor Vehicle Equipment Purchases..........$ 30,600
Publications and Printing..................$ 9,000
Equipment Purchases................. .....$ 85,595
Computer Charges....................... ..$ 18,152
Telecommunications.........................$ 17,375
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 376,073
Capital Outlay.............................$ 280,000
Total Funds Budgeted.......................$ 4,174,074
State Funds Budgeted.......................$ 2,930,774
Total Positions Budgeted 104
GEORGIA LAWS 1984 SESSION
179
5. South Georgia Vocational-Technical
School Budget:
Personal Services...................... $ 2,064,510
Regular Operating Expenses.................$ 585,640
Travel............................... *...$ 26,051
Motor Vehicle Equipment Purchases..........$ 20,000
Publications and Printing..................$ 2,500
Equipment Purchases...:;;..................$ 55,490
Computer Charges...........................$ 39,500
Telecommunications.........................$ 26,950
Per Diem, Fees and Contracts...............$ 31,750
Utilities.............................. $ 395,694
Capital Outlay........................... $ 15,000
Total Funds Budgeted.......................$ 3,263,085
State Funds Budgeted..................... $ 2,532,487
Total Positions Budgeted 90
Budget Unit Object Classes:
Personal Services................:........$ 13,868,283
Regular Operating Expenses.................$ 2,252,186
Travel.....................................$ 67,116
Motor Vehicle Equipment
Purchases........................... $ 58,600
Publications and Printing..................$ 16,245
Equipment Purchases........................$ 194,295
Computer Charges....................... $ 86,285
Telecommunications.........................$ 104,935
Per Diem, Fees and Contracts...............$ 124,715
Utilities..................................$ 1,675,642
Capital Outlay.............................$ 305,000
Total Positions Budgeted 685
Authorized Motor Vehicles 80
C. Budget Unit: Board of Postsecondary
Vocational Education...............$ 53,766
Board of Postsecondary Vocational
Education Budget:
Personal Services................i........$ 121,836
Regular Operating Expenses.......... .....$ 3,762
Travel.....................................$ 5,503
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 1,712
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
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GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals....................,....$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 132,813
State Funds Budgeted......................$ 53,766
Total Positions Budgeted 8
Budget Unit Object Classes:
Personal Services.........................$ 121,836
Regular Operating Expenses................$ 3,762
Travel................................... $ 5,503
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,712
Equipment Purchases.......................$ -0-
Computer Charges...................... $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Total Positions Budgeted 8
Authorized Motor Vehicles 0
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 that in the case of
mentally, physically or emotionally handicapped
children, the ratio shall be one teacher and one
GEORGIA LAWS 1984 SESSION
181
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.
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.
182
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, further, of funds appropriated for
Maintenance and Operation, Sick and Personal
Leave and Instructional Media, for all Special
Education Teachers, payments shall not be made
for 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 Code Section 20-2-157
for grades 1 and 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 and 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.
Provided, that of the above appropriation for
$716,448 for Staff Development, $71,645 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 Superinten-
dent 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
GEORGIA LAWS 1984 SESSION
183
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, $16,670,810 is
designated and committed for a compensatory
education program for students in grades three
through eleven and shall be used for remedial
purposes only. Each 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 or eighth grade Georgia
Criterion Referenced Tests and the tenth grade
Georgia Basic Skills Test. Provided, however,
where a local systems Compensatory Education
Plan justifies the need, the State Board of Educa-
tion 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.
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 (pursuant to Code Section 20-2-250),
based on a total state entitlement of $60 million for
S.F.Y. 1984.
Provided, that of the funds appropriated for
the High School Program, Comprehensive High
Schools or Vocational Schools may use funds for
the purpose of repairing existing equipment in lieu
of purchasing new equipment without prior
approval of the Department of Education.
184
GENERAL ACTS AND RESOLUTIONS, VOL. I
For the purposes of this Act, common object
classes are defined as: Personal Services, Regular
Operating Expenses, Travel, Motor Vehicle
Equipment Purchases, Publications and Printing,
Equipment Purchases, Computer Charges, Real
Estate Rentals, Telecommunications, Per Diem,
Fees and Contracts and Utilities.
The above appropriation for salaries of instruc-
tional personnel (Code Section 20-2-152) contem-
plates no funds for additional allotments to sys-
tems at or above the fifteen percent enrollment
ceiling.
Section 20. Employees Retirement System.
Budget Unit: Employees Retirement
System............................$ 425,000
Employees Retirement System Budget:
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
Telecommunications........................$ 11,633
Per Diem, Fees and Contracts..............$ 432,400
Postage...................................$ 48,000
Cost-of-Living Increase - Other
Retirees..........................,.....$ 425,000
Employer Contribution.....................$ -0-
Total Funds Budgeted......................$ 1,772,251
State Funds Budgeted......................$ 425,000
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
GEORGIA LAWS 1984 SESSION
185
Computer Charges..........................$ 126,082
Real Estate Rentals.......................$ 74,046
Telecommunications...................... $ 11,633
Per Diem, Fees and Contracts..............$ 432,400
Postage...................................$ 48,000
Cost-of-Living Increase - Other
Retirees................................$ 425,000
Employer Contribution.....................$ -0-
Total Positions Budgeted 28
Authorized Motor Vehicles 1
Section 21. Forestry Commission.
Budget Unit: Forestry Commission..............$ 22,672,708
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.......................$ 231,845
Computer Charges..........................$ -0-
Real Estate Rentals..................Si..$ -0-
Telecommunications........................$ 8,870
Per Diem, Fees and Contracts..............$ 20,060
Capital Outlay............................$ 387,000
Total Funds Budgeted......................$ 2,548,228
State Funds Budgeted......................$ 719,745
Total Positions Budgeted 34
2. Field Services Budget:
Personal Services.........................$ 16,322,146
Regular Operating Expenses................$ 3,555,329
Travel....................................$ 87,400
Motor Vehicle Equipment
Purchases...............................$ 819,800
Publications and Printing.................$ 23,300
Equipment Purchases.......................$ 934,795
Computer Charges........................ $ 20,000
Real Estate Rentals.......................$ 18,212
Telecommunications...................... $ 495,000
Per Diem, Fees and Contracts..............$ 72,695
Ware County Grant.........................$ 60,000
Capital Outlay............................$ -0-
186
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.....................$ 22,408,677
State Funds Budgeted.....................$ 20,279,052
Total Positions Budgeted 794
3. General Administration and
Support Budget:
Personal Services....................... $ 710,710
Regular Operating Expenses................$ 110,520
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.................... $ 1,543,785
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.........................$ 18,002,354
Regular Operating Expenses.............. $ 4,567,004
Travel....................................$ 106,930
Motor Vehicle Equipment
Purchases...............................$ 848,775
Publications and Printing................$ 69,125
Equipment Purchases.......................$ 1,168,990
Computer Charges..........................$ 151,875
Real Estate Rentals..................... $ 18,212
Telecommunications........................$ 523,870
Per Diem, Fees and Contracts..............$ 96,555
Contractual Research......................$ 200,000
GEORGIA LAWS 1984 SESSION
187
Payments to the University of
Georgia, School of Forestry
for Forest Research....................$ 300,000
Ware County Grant.........................$ 60,000
Wood Energy Program.......................$ 144,526
Capital Outlay............................$ 387,000
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.....................$ 18,112,870
1. General Administration Budget:
Personal Services.........................$ 572,366
Regular Operating Expenses................$ 96,450
Travel....................................$ 6,100
Motor Vehicle Equipment Purchases.........$ 8,600
Publications and Printing.................$ 4,000
Equipment Purchases.......................$ 1,650
Computer Charges..................:.......$ 6,630
Real Estate Rentals.......................$ 29,300
Telecommunications........................$ 22,440
Per Diem, Fees and Contracts..............$ 3,200
Postage...................................$ 5,500
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 756,236
State Funds Budgeted......................$ 756,236
Total Positions Budgeted 21
2. Investigative Division Budget:
Personal Services.........................$ 5,872,902
Regular Operating Expenses................$ 843,624
Travel....................................$ 91,300
Motor Vehicle Equipment Purchases.........$ 457,400
Publications and Printing.................$ 21,500
Equipment Purchases.......................$ 160,280
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 71,785
188
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications...................... $ 174,472
Per Diem, Fees and Contracts..............$ 2,600
Evidence Purchased.................... $ 112,000
Postage...................................$ 7,900
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 7,815,763
Indirect DOAS Services Funding...........$ -0-
State Funds Budgeted......................$ 7,815,763
Total Positions Budgeted 207
3. Drug Enforcement Unit Budget:
Personal Services....................... $ 1,989,848
Regular Operating Expenses................$ 224,200
Travel....................................$ 323,100
Motor Vehicle Equipment
Purchases............................. $ 192,550
Publications and Printing.................$ 1,500
Equipment Purchases.......................$ 221,195
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 54,825
Telecommunications........................$ 67,428
Per Diem, Fees and Contracts..............$ 400
Postage.................................. $ 1,320
Evidence Purchased........................$ 188,000
Total Funds Budgeted......................$ 3,264,366
State Funds Budgeted......................$ 3,264,366
Total Positions Budgeted 55
4. Forensic Sciences Division Budget:
Personal Services.........................$ 2,602,526
Regular Operating Expenses................$ 414,206
Travel....................................$ 22,400
Motor Vehicle Equipment Purchases.........$ 42,500
Publications and Printing.................$ 5,600
Equipment Purchases.............,........$ 22,284
Computer Charges..........................$ 56,311
Real Estate Rentals.......................$ 14,840
Telecommunications........................$ 81,200
Per Diem, Fees and Contracts..............$ 3,100
Postage..........I.......................$ 19,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 3,283,967
GEORGIA LAWS 1984 SESSION
189
State Funds Budgeted.......................$ 3,283,967
Total Positions Budgeted 89
5. Georgia Crime Information
Center Budget:
Personal Services..........................$ 1,969,471
Regular Operating Expenses.................$ 107,598
Travel................................... $ 11,000
Motor Vehicle Equipment Purchases..........$ 16,000
Publications and Printing..................$ 50,000
Equipment Purchases........................$ 7,325
Computer Charges...........................$ 1,736,944
Real Estate Rentals........................$ 3,000
Telecommunications................,........$ 471,200
Per Diem, Fees and Contracts...............$ -0-
Postage.................................. $ 20,000
Total Funds Budgeted.......................$ 4,392,538
Indirect DOAS Services Funding.............$ 1,400,000
State Funds Budgeted..................... $ 2,992,538
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................$ 1,686,078
Travel.................................. $ 453,900
Motor Vehicle Equipment
Purchases...............................$ 717,050
Publications and Printing.................$ 82,600
Equipment Purchases.......................$ 412,734
Computer Charges..........................$ 1,799,885
Real Estate Rentals.......................$ 173,750
Telecommunications........................$ 816,740
Per Diem, Fees and Contracts..............$ 9,300
Evidence Purchased........................$ 300,000
190
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage....................................$ 53,720
Capital Outlay.............................$ -0-
Total Positions Budgeted 469
Authorized Motor Vehicles 289
Provided, the Department is authorized to use
$3,700,000 in existing bond proceeds for per-
manent and moveable furnishings, landscaping,
signing, scientific equipment and laboratory
equipment.
Section 23. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission............$ -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
GEORGIA LAWS 1984 SESSION
191
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..............$ 4,712,565
1. Governors Office Budget:
Cost of Operations.........................$ 1,844,714
Mansion Allowance..........................$ 40,000
Governors Emergency Fund..................$ 2,215,000
Intern Stipends and Travel.................$ 118,500
Total Funds Budgeted.................... $ 4,218,214
State Funds Budgeted.......................$ 4,218,214
There is hereby appropriated a General Emer-
gency Fund for meeting expenses deemed emer-
gencies by the Governor and to be expended by the
Governor at his discretion in any emergency that
he may determine requires expenditure of any part
of said fund. Expenditures from this fund shall be
made in accordance with other provisions of State
law and the Constitution.
Provided, however, that the listed appropria-
tion shall be increased by the amount incurred in
ordering the organized militia into active service of
the State in case of invasion, disaster, insurrection,
riot, breach of the peace, or combination to oppose
the enforcement of the law by force or violence, or
imminent danger thereof or other grave emergency
when available funds are not sufficient for such
purposes.
2. Office of Fair Employment Practices
Budget:
Personal Services..................... $ 400,689
Regular Operating Expenses..............$ 9,000
Travel..................|...............$ 10,500
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing...............$ 2,400
Equipment Purchases.....................$ -0-
Computer Charges........................$ -0-
Real Estate Rentals.....................$ 69,913
192
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications..................... $ 9,349
Per Diem, Fees and Contracts...............$ 25,000
Total Funds Budgeted..........;.......... $ 526,851
State Funds Budgeted.......................$ 494,351
Total Positions Budgeted 15
Budget Unit Object Classes:
Cost of Operations..........................$ 1,844,714
Mansion Allowance........................ $ 40,000
Governors Emergency Fund................ $ 2,215,000
Intern Stipends and Travel.................$ 118,500
Personal Services........................ $ 400,689
Regular Operating Expenses.................$ 9,000
Travel................................. $ 10,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 2,400
Equipment Purchases........................$ -0-
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 69,913
Telecommunications.........................$ 9,349
Per Diem, Fees and Contracts...............$ 25,000
Total Positions Budgeted 15
Authorized Motor Vehicles 1
B. Budget Unit: Office of Planning
and Budget........................ $ 3,444,592
Office of Planning and
Budget Budget:
Personal Services..........................$ 2,759,691
Regular Operating Expenses.................$ 95,200
Travel.......................;...i.,.......$ 43,006
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing;...:........... $ 31,200
Equipment Purchases....................... $ -0-
Computer Charges ......;......;...$ 144,780
Real Estate Rentals........................$ 190,840
Telecommunications....................... $ 55,875
Per Diem, Fees and Contracts...............$ 139,000
Total Funds Budgeted.......................$ 3,459,592
State Funds Budgeted.......................$ 3,444,592
Total Positions Budgeted 83
GEORGIA LAWS 1984 SESSION
193
Budget Unit Object Classes:
Personal Services.........................$ 2,759,691
Regular Operating Expenses................$ 95,200
Travel................................ $ 43,006
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 31,200
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 144,780
Real Estate Rentals.......................$ 190,840
Telecommunications........................$ 55,875
Per Diem, Fees and Contracts..............$ 139,000
Total Positions Budgeted 83
Authorized Motor Vehicles 0
C. Budget Unit: Units Attached for
Administrative
Purposes Only......................$ 3,794,729
1. Council of the Arts Budget:
Personal Services...................^....$ 164,015
Regular Operating Expenses................$ 8,275
Travel....................................$ 2,960
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,350
Equipment Purchases.......................$ -0-
Computer Charges...................... $ -0-
Real Estate Rentals.......................$ 39,600
Telecommunications........................$ 7,990
Per Diem, Fees and Contracts..............$ 8,690
Art Grants - State Funds..................$ 1,321,742
Art Grants - Federal Funds................$ 488,428
Art Grants - Donations....................$ 26,000
Total Funds Budgeted......................$ 2,072,050
State Funds Budgeted.................... $ 1,557,622
Total Positions Budgeted 8
2. Office of Consumer Affairs:
Personal Services.........................$ 997,476
Regular Operating Expenses................$ 31,625
Travel....................................$ 11,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 4,500
Equipment Purchases.......................$ -0-
Computer Charges........................ $ 14,400
Real Estate Rentals.......................$ 155,822
194
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications.........................$ 95,047
Per Diem, Fees and Contracts...............$ 3,000
Total Funds Budgeted....;..;.............. $ 1,312,870
State Funds Budgeted.......................$ 1,312,870
Total Positions Budgeted 42
3. State Energy Office Budget:
Personal Services......................... $ 421,036
Regular Operating Expenses.................$ 44,600
Travel....................................$ 26,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 54,573
Equipment Purchases........................$ 5,000
Computer Charges.................,........$ 3,000
Real Estate Rentals.......................$ -0 -0-
Telecommunications........................ $ 12,300
Per Diem, Fees and Contracts...............$ 9,384,298
Total Funds Budgeted.......................$ 9,951,307
State Funds Budgeted.......................$ 161,349
Total Positions Budgeted 9
4. Governors Committee on
Post-Secondary Education Budget:
Personal Services........................ $ 125,014
Regular Operating Expenses............... $ 9,260
Travel................................. $ 1,350
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 8,700
Equipment Purchases..................... ..$ -0-
Computer Charges...........................$ 2,350
Real Estate Rentals...................... $ 14,802
Telecommunications....................... $ 2,500
Per Diem, Fees and Contracts...............$ 8,700
Total Funds Budgeted.......................$ 172,676
State Funds Budgeted................... $ 172,676
Total Positions Budgeted 4
5. Consumers Utility Counsel Budget:
Personal Services..........................$ 283,540
Regular Operating Expenses.................$ 11,000
Travel.................................. $ 2,480
Motor Vehicle Equipment Purchases............$ -0-
Publications and Printing..................$ 100
Equipment Purchases...................:...$ -0-
GEORGIA LAWS 1984 SESSION 195
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 15,863
Telecommunications........................$ 5,200
Per Diem, Fees and Contracts..............$ 30,000
Total Funds Budgeted......................$ 348,183
State Funds Budgeted......................$ 348,183
Total Positions Budgeted 10
6. Criminal Justice Coordinating
Council Budget:
Personal Services.........................$ 177,906
Regular Operating Expenses................$ 6,065
Travel.......,...........................$ 8,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,040
Equipment Purchases.................:....$ -0-
Computer Charges...................... $ -0-
Real Estate Rentals.......................$ 28,768
Telecommunications...............................3,800
Per Diem, Fees and Contracts..........,...$ 14,950
Total Funds Budgeted......................$ 242,029
State Funds Budgeted......................$ 242,029
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services....................... $ 2,168,987
Regular Operating Expenses................$ 110,825
Travel.................................. $ 52,790
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 74,263
Equipment Purchases..................... $ 5,000
Computer Charges..........................$ 19,750
Real Estate Rentals...................... $ 254,855
Telecommunications........................$ 126,837
Per Diem, Fees and Contracts..............$ 9,449,638
Art Grants - State Funds..................$ 1,321,742
Art Grants - Federal Funds................$ 488,428
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
196
GENERAL ACTS AND RESOLUTIONS, VOL. I
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....................$ 5,100,000
1. Grants to Counties.........................$ 1,950,000
Total Funds Budgeted.......................$ 1,950,000
State Funds Budgeted.......................$ 1,950,000
2. Grants to Municipalities.................. $ 3,150,000
Total Funds Budgeted.......................$ 3,150,000
State Funds Budgeted..................... $ 3,150,000
Budget Unit Object Classes:
Grants to Counties...;.....................$ 1,950,000
Grants to Municipalities...................$ 3,150,000
Section 26. Department of Human
Resources.
A. Budget Unit: Departmental
Operations.................. :....$ 252,795,773
1. General Administration and
Support Budget:
Personal Services..........................$ 4,480,790
Regular Operating Expenses.................$ 3,019,684
Travel................................. $ 63,500
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ 75,697
Equipment Purchases........................$ 863
Computer Charges...........................$ 228,356
Real Estate Rentals........................$ 3,202,934
Telecommunications.........................$ 269,833
Per Diem, Fees and Contracts...............$ 75,500
Utilities..................................$ 170,200
Postage..............................465,820
Capital Outlay........................;....$ -0-
Total Funds Budgeted.......................$ 12,053,177
GEORGIA LAWS 1984 SESSION
197
Indirect DO AS Services Funding...........$ 412,555
Indirect GBA Funding.................... $ -0-
Agency Funds..............................$ 3,439,884
Social Services
Block Grant Funds.................... $ 934,000
State Funds Budgeted......................$ 7,266,738
Total Positions Budgeted 178
Authorized Motor Vehicles 7
General Administration and Support Functional
Budgets
Total Funds State Funds Pos.
Commissioners Office $ 551,469 $ 551,469 13
Administrative Appeals $ 763,195 $ 763,195 24
Administrative Policy,
Coordination, and
Direction $ 144,322 $ 144,322 4
Personnel $ 3,822,524 $ 3,750,524 48
Support Services $ 1,959,413 $ 1,731,058 54
Systems Planning,
Development and Training $ 234,169 $ 234,169 7
EDP-Planning and
Coordination $ 301,946 $ 101,946 0
Indirect Cost $ -0- $ (3,147,451) 0
Facilities Managements $ 3,705,115 $ 2,766,482 8
Community/
Intergovernmental Affairs $ 709,815 $ 709,815 20
Undistributed $ (138,791) $ (338,791) 0
Total $ 12,053,177 $ 7,266,738 178
198
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Financial Management Budget:
Personal Services...................... $ 5,856,435
Regular Operating Expenses.................$ 143,845
Travel.....................................$ 185,050
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 29,300
Equipment Purchases........................$ 4,379
Computer Charges...........................$ 105,000
Real Estate Rentals........................$ 4,100
Telecommunications......I..................$ 1,602
Per Diem, Fees and Contracts...............$ 15,000
Utilities..................................$ -0-
Postage....................................$ 205
Institutional Repairs
and Maintenance.........................$ -0-
Total Funds Budgeted.......................$ 6,344,916
Social Services Block Grant Funds..........$ 721,800
Agency Funds...............................$ 1,649,200
State Funds Budgeted..................... $ 3,973,916
Total Positions Budgeted 243
Authorized Motor Vehicles 0
Financial Management Functional Budgets
Budget Administration $
Accounting Services $
Auditing Services $
Indirect Cost $
Undistributed $
Total $
State Funds Pos.
1,389,981 44
3,340,269 152
1,614,666 47
(2,371,000) 0
-0- $ -0- 0
6,344,916 $ 3,973,916 243
Total Funds
1,389,981 $
3,340,269 $
1,614,666 $
-0- $
3. Special Programs Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel................................. $
10,578,265
284,082
429,935
GEORGIA LAWS 1984 SESSION
199
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 89,160
Equipment Purchases........................$ 2,110
Computer Charges......................... $ 1,044,752
Real Estate Rentals........................$ 201,056
Telecommunications.........................$ 341,836
Per Diem, Fees and Contracts...............$ 10,191,600
Menninger Group Homes......................$ 366,000
Contract - Georgia
Advocacy Office, Inc.....................$ 215,000
Utilities..................................$ 50
Postage....................................$ 101,600
Benefits for Child Care.................. $ 761,200
Total Funds Budgeted..................... $ 24,606,646
Social Services
Block Grant Funds........................$ -0-
Indirect DOAS Services Funding.............$ 225,657
Agency Funds...............................$ 18,293,312
State Funds Budgeted.......................$ 6,087,677
Total Positions Budgeted 521
Authorized Motor Vehicles 0
Special Programs Functional Budgets
Total Funds State Funds Pos.
$ 286,900 $ 286,900
Special Projects
Children and Youth
Planning $ 151,149 $
Troubled Children Benefits $ 1,127,200 $
Developmental Disabilities $ 247,264 $
MH/MR Advisory Council $ 45,725 $
Council on Maternal
and Infant Health $
99,456 $
151,149
1,127,200
-0-
45,725
99,456
0
4
0
6
1
200
GENERAL ACTS AND RESOLUTIONS, VOL. I
Council on Family Planning $ 8,800 $ 880 0
Community Services $ 9,648,075 $ -0- 9
Regulatory Services -
Program Direction and
Support $ 351,329 $ 351,329 9
Child Care Licensing $ 1,341,090 $ 1,341,090 50
Laboratory Improvement $ 515,414 $ 415,414 16
Health Care Facilities
Regulation $ 1,720,677 $ 565,893 53
Compliance Monitoring $ 233,892 $ 233,892 7
Radiological Health $ 545,349 $ 495,349 17
Fraud and Abuse $ 1,437,939 $ 296,696 41
Child Support Recovery $ 6,846,387 $ 676,704 305
Undistributed $ -0- $ -0- 0
Total $ 24,606,646 $ 6,087,677 521
4. Public Health - Program
Direction and Support Budget:
Personal Services..........................$ 2,590,456
Regular Operating Expenses................$ 127,321
Travel.................................. $ 51,200
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 56,800
Equipment Purchases.......................$ 13,000
Computer Charges........................ $ 421,816
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 218,430
Per Diem, Fees and Contracts..............$ 47,400
Utilities.................................$ -0-
Postage...................................$ 1,200
Total Funds Budgeted......................$ 3,527,623
Indirect DOAS Services Funding............$ 508,016
GEORGIA LAWS 1984 SESSION
201
Agency Funds...............................,.$ 135,000
State Funds Budgeted.......................$ 2,884,607
Total Positions Budgeted 113
Authorized Motor Vehicles 0
Public Health - Program
Direction and Support Functional Budgets
Directors Office
Employees Health
Health Program
Management
Vital Records
Health Services Research
Primary Health Care
Undistributed
Total
Total Funds State Funds Pos.
$ 544,838 $ 358,638 7
$
$
$
$
272,821 $
717,434 $
278,679 $
-0- $
237,821
$ 689,546 $ 604,546
$ 1,024,305 $ 1,009,305
$ 3,527,623 $
395,618
278,679
-0-
2,884,607
26
52
12
7
0
113
5. Public Health - Family
Health Budget:
Personal Services...........................$ 5,885,558
Regular Operating Expenses.................$ 2,031,741
Travel.....H..............................$ 252,400
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 146,000
Equipment Purchases........................$ 7,330
Computer Charges...........................$ 117,090
Real Estate Rentals........................$ 223,240
Telecommunications.........................$ 46,572
Per Diem, Fees and Contracts...............$ 5,718,276
Crippled Children Clinics..................$ 261,249
Utilities..................................$ -0-
202
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage......................................$ 16,800
Regional Grants for Prenatal and
Postnatal Care Programs....................$ 3,879,000
Crippled Children Benefits...................$ 3,017,800
Kidney Disease Benefits......................$ 576,180
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.........................$ 25,078,766
Indirect DOAS Services Funding...............$ 11,350
Agency Funds ................................$ 10,903,077
State Funds Budgeted.........................$ 14,164,339
Total Positions Budgeted 222
Authorized Motor Vehicles 4
Public Health - Family Health Functional Budgets
Total Funds State Funds Pos.
Stroke and Heart Attack
Prevention
Epidemiology
Immunization
Sexually Transmitted
Diseases
$ 147,998 $
$ 1,000,227 $
359,040 $
$
147,998
840,580
-0-
5
10
10
$ 219,024 $ 219,024
GEORGIA LAWS 1984 SESSION
203
Community Tuberculosis
Center $ 1,079,256 $ 1,079,256 23
Family Health Management $ 5,460,133 $ 294,446 22
Infant and Child Health $ 4,656,856 $ 4,542,925 14
Maternal Health-Perinatal $ 252,475 $ -0- 6
Family Planning $ 955,210 $ 57,902 14
Malnutrition $ 549,700 $ -0- 15
Dental Health $ 130,945 $ 130,945 3
Crippled Children $ 5,036,695 $ 2,310,476 55
Chronic Disease $ 1,563,520 $ 1,563,520 21
Diabetes $ 278,155 $ 222,855 4
Cancer Control $ 2,754,412 $ 2,754,412 6
Coordination, Education
and Prevention $ 635,120 $ -0- 8
Undistributed $ -0- $ -0- 0
Total $ 25,078,766 $ 14,164,339 222
6. Public Health - Community
Health Budget:
Personal Services...................... $ 3,177,682
Regular Operating Expenses...............$ 476,520
Travel...................................$ 48,900
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 61,850
Equipment Purchases..................... $ 61,481
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Telecommunications..................... $ -0-
Per Diem, Fees and Contracts.............$ 1,358,995
Utilities................................$ -0-
204
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage.................................... $ 13,300
Total Funds Budgeted.........................$ 5,198,728
Indirect DOAS Services Funding...............$ -0-
Agency Funds.................................$ 1,278,720
State Funds Budgeted.........................$ 3,920,008
Total Positions Budgeted 137
Authorized Motor Vehicles 0
Public Health - Community Health Functional Budgets
Total Funds State Funds Pos.
Occupational and
Radiological Health
Laboratory Services
Emergency Health
Undistributed
Total
$ 802,323 $ 263,551 6
$ 3,754,935 $ 3,075,487 119
$ 641,470 $ 580,970 12
$ -0- $ -0- 0
$ 5,198,728 $ 3,920,008 137
7. Public Health - Local
Services Budget:
Personal Services............................$ 13,755,949
Regular Operating Expenses................$ 22,470,699
Travel....................................$ 481,050
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing............... $ 28,900
Equipment Purchases..................... $ 41,193
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 175,370
Telecommunications........................$ 184,650
Per Diem, Fees and Contracts..............$ 4,745,503
Utilities.................................$ -0-
Postage...................................$ 32,150
Crippled Children Clinics.................$ 293,323
Contract - Macon-Bibb County
Hospital Authority......................$ 3,000,000
GEORGIA LAWS 1984 SESSION
205
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.....................$ 33,686,910
Total Funds Budgeted.........................$ 84,627,897
Indirect DOAS Services Funding............;..$ 129,350
Agency Funds.................................$ 35,157,761
State Funds Budgeted.........................$ 49,340,786
Total Positions Budgeted 540
Authorized Motor Vehicles 2
Public Health - Local
Minimum Foundation
Newborn Follow Up Care
District Dental
District Stroke and Heart
Attack Prevention
Sickle Cell, Vision
and Hearing
High Risk Pregnant Women
and Infants
District Sexually
Transmitted Diseases
Services Functional Budgets
Total Funds State Funds Pos.
$ 6,992,727 $
$ 301,507 $
$ 1,125,833 $
$ 1,310,234 $
$ 472,780 $
$ 4,318,455 $
$ 1,079,850 $
6,831,521 191
301,507 11
915,658 17
780,234 18
472,780 15
4,318,455 19
85,000 27
206
GENERAL ACTS AND RESOLUTIONS, VOL. I
District Family Planning
Malnutrition
Grant in Aid to Counties
Teenage Pregnancy
Prevention
$ 6,057,050 $ 2,849,334
$ 26,192,129 $ -0-
$ 32,284,581 $ 30,116,228
$
250,000 $ 250,000
District Crippled Children $ 2,578,647 $ 1,806,340
Emergency Health
Primary Health Care
Undistributed
Total
$ 1,327,973 $ 277,598
$ 336,131 $ 336,131
$ -0- $ -0-
$ 84,627,897 $ 49,340,786
177
10
0
0
36
9
10
0
540
8. Mental Health - Program
Direction and Support Budget:
Personal Services............................$ 3,977,377
Regular Operating Expenses..................$ 126,098
Travel......................................$ 114,250
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 41,834
Equipment Purchases.........................$ 1,055
Computer Charges............................$ 1,074,219
Real Estate Rentals.........................$ 1,664
Telecommunications........................ $ 293,034
Per Diem, Fees and Contracts................$ 173,300
Utilities............................... $ -0-
Postage.....................................$ 1,050
Total Funds Budgeted........................$ 5,803,881
Social Services Block Grant Funds...........$ 15,000
Indirect DOAS Services Funding..............$ 1,000,197
Agency Funds................................$ 510,540
State Funds Budgeted........................$ 4,278,144
Total Positions Budgeted 126
GEORGIA LAWS 1984 SESSION
207
Mental Health - Program Direction
and Support Functional Budgets
Administration
Special Projects
and Contracts
Program Coordination
Undistributed
Total
Total Funds State Funds Pos.
$ 3,197,344 $ 2,197,147 57
$
$
60,000 $
-0- $
-0-
$ 2,546,537 $ 2,080,997
-0-
$ 5,803,881 $ 4,278,144
2
67
0
126
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...............$ 19,905,552
Utilities..................................$ -0-
Postage....................................$ -0-
W.I.N. Benefits............................$ 479,964
Benefits for Child Care....................$ 14,937,115
Total Funds Budgeted.......................$ 35,322,631
Agency Funds...............................$ 7,209,050
Social Services
Block Grant Funds........................$ 15,098,253
State Funds Budgeted.......................$ 13,015,328
Total Positions Budgeted 0
Authorized Motor Vehicles 111
208
GENERAL ACTS AND RESOLUTIONS, VOL. I
Purchase of Social Services Functional Budgets
Total Funds State Funds Pos.
Work Incentive Benefits $ 479,964 $
Legal Services
$
435,000 $
Child Welfare -
Family Foster Care $
Adoption Supplement $
Liability Insurance $
Emergency Shelter Care $
Day Care
47,996
210,000
AFDC - Family Foster Care $ 3,895,045 $ 1,279,947
AFDC - Institutional
Foster Care $ 1,348,519 $ 443,135
Specialized Foster Care $ 357,003 $ 80,603
7,609,011 $ 6,123,011
544,663 $ 544,663
16,000 $ 16,000
99,428 $ 99,428
$ 18,808,789 $ 3,227,836
Psychiatric, Psychological
and Speech Therapy $ 148,000 $ 148,000
Maternity Care $ 50,000 $ 50,000
Return of Runaways -
County $ 7,000 $ 7,000
Child Welfare Institutional
Foster Care $ 567,082 $ 567,082
Home Management -
Contracts $ 161,447 $ 23,899
Outreach - Contracts $ 773,680 $ 124,728
0
0
0
0
0
0
0
0
0
0
0
0
0
0
GEORGIA LAWS 1984 SESSION
209
Special Projects $ 22,000 $ 22,000 0
Undistributed $ -0- $ -0- 0
Total $ 35,322,631 $ 13,015,328 0
10. Youth Services - Program
Direction and Support:
Personal Services..........J...............$ 1,152,204
Regular Operating Expenses..................$ 31,594
Travel.................................... $ 26,750
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...,...............$ 6,050
Equipment Purchases.........................$ 795
Computer Charges.......................... $ -0-
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 28,004
Per Diem, Fees and Contracts................$ 347,000
Utilities...................................$ -0-
Postage.....................................$ -0-
Benefits for Child Care.....................$ -0-
Total Funds Budgeted........................$ 1,592,397
Indirect DO AS Services Funding.............$ -0-
Agency Funds................................$ -0-
State Funds Budgeted........................$ 1,592,397
Total Positions Budgeted 38
Authorized Motor Vehicles 0
11. Services to the Aged Budget:
Personal Services..............;...........$ 2,111,688
Regular Operating Expenses..................$ 47,128
Travel......................................$ 82,650
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing...................$ 23,500
Equipment Purchases.........................$ -0-
Computer Charges............................$ -0-
Real Estate Rentals....................... $ 20,100
Telecommunications........................ $ 53,335
Per Diem, Fees and Contracts.............. $ 20,557,854
Utilities................................. $ -0-
Postage.....................................$ 6,200
Total Funds Budgeted........................$ 22,902,455
210
GENERAL ACTS AND RESOLUTIONS, VOL. I
Social Services
Block Grant Funds........................$ 3,368,035
Agency Funds...............................$ 17,146,078
State Funds Budgeted.......................$ 2,388,342
Total Positions Budgeted 80
Authorized Motor Vehicles 224
Services to the Aged Functional Budgets
Total Funds State Funds Pos.
Administration and Planning $ 2,705,281 $ 610,556 41
Aging Services $ 19,189,574 $ 1,452,876 0
Alternative Health Services $ 1,007,600 $ 324,910 39
Undistributed $ -0- $ -0- 0
Total $ 22,902,455 $ 2,388,342 80
12. Rehabilitation Services -
Program Direction and
Support Budget:
Personal Services.........................$ 1,551,362
Regular Operating Expenses................$ 82,779
Travel.................................. $ 56,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 31,000
Equipment Purchases......I................$ 8,130
Computer Charges......................... $ 669,533
Real Estate Rentals.......................$ -0-
Telecommunications................$......$ 104,610
Per Diem, Fees and Contracts..............$ 225,095
Utilities.............................. $ -0-
Postage............................... $ 2,400
Grants for Nephrology Centers.............$ 220,500
Total Funds Budgeted.....,............ $ 2,951,909
Indirect DO AS Services Funding...........$ -0-
Agency Funds..............................$ 1,683,795
GEORGIA LAWS 1984 SESSION
211
State Funds Budgeted.........................$ 1,268,114
Total Positions Budgeted 50
Rehabilitation Services - Program
Direction and Support Functional Budgets
Program Direction and
Support
Grants Management
Undistributed
Total
Total Funds State Funds Pos.
$ 2,438,665 $
$ 513,244 $
$ -0- $
$ 2,951,909 $
866,676 48
401,438 2
-0- 0
1,268,114 50
13. Rehabilitation Services -
Facilities Budget:
Personal Services..........................$ 3,675,845
Regular Operating Expenses.................$ 731,758
Travel......|..............................$ 21,700
Motor Vehicle Equipment Purchases..........$ 49,359
Publications and Printing................. $ 2,660
Equipment Purchases........................$ 56,441
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 266,402
Telecommunications.........................$ 48,520
Per Diem, Fees and Contracts...............$ 144,500
Utilities............................ ...$ 95,850
Postage....................................$ 6,000
Capital Outlay.............................$ -0-
Case Services............................ $ -0-
Total Funds Budgeted..................... $ 5,099,035
Indirect DO AS Services Funding............$ -0-
Agency Funds........................... $ 4,187,162
State Funds Budgeted.......................$ 911,873
Total Positions Budgeted 161
Authorized Motor Vehicles 19
212
GENERAL ACTS AND RESOLUTIONS, VOL. I
Rehabilitation Services Facilities Functional Budgets
Atlanta Rehabilitation
Center
Alto Rehabilitation Center
Rehabilitation Center for
the Deaf - Cave Spring
Central Rehabilitation
Center
Georgia Vocational
Adjustment
Center - Gracewood
Ireland Rehabilitation
Center
M. S. McDonald
Evaluation Center
J. F. Kennedy Center
Production Workshop
Undistributed
Total
Total Funds State Funds Pos.
$ 1,848,130 $ 357,136 65
$ 271,878 $ 62,219 10
$ 399,254 $ 89,184 16
$ 521,077 $ 118,281 18
$ 338,218 $ 77,366 17
$ 336,096 $ 77,136 13
177,840 $
397,892 $
808,650 $
-0- $
5,099,035 $
40,040
90,511
-0-
-0-
911,873
6
16
0
0
161
14. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services...........................$ 8,101,241
Regular Operating Expenses................ $ 1,740,220
Travel.................................. $ 43,000
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
GEORGIA LAWS 1984 SESSION
213
Utilities...................................$ 445,600
Postage.......................................$ 13,000
Case Services.................................$ 75,000
Capital Outlay................................$ -0-
Operations.............i......................$ -0-
Total Funds Budgeted..........................$ 11,944,565
Indirect DO AS Services Funding...............$ 50,000
Agency Funds..................................$ 8,630,075
State Funds Budgeted..........................$ 3,264,490
Total Positions Budgeted 413
Authorized Motor Vehicles 24
Roosevelt Warm Springs Rehabilitation Institute
Functional Budgets
Administration
Rehabilitation Services
Undistributed
Total
Total Funds State Funds Pos.
$ 4,349,882 $ 1,776,318 146
$ 7,594,683 $ 1,488,172 267
$
-0- $
-0-
0
$ 11,944,565 $ 3,264,490 413
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
214
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 423,435
Total Positions Budgeted 27
Authorized Motor Vehicles 14
Georgia Factory for the Blind Functional Budgets
Operations $
Supervision $
Undistributed $
Total $
State Funds Pos.
-0- 9
423,435 18
-0- 0
8,811,680 $ 423,435 27
Total Funds
8,388,245 $
423,435 $
-0- $
16. Rehabilitation Services Budget:
Personal Services........................ $ 15,448,994
Regular Operating Expenses.................$ 359,729
Travel................................... $ 433,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 14,750
Equipment Purchases........................$ 15,400
Computer Charges......................... $ 18,100
Real Estate Rentals........................$ 638,766
Telecommunications.........................$ 401,000
Per Diem, Fees and Contracts...............$ 376,400
Utilities..................................$ 60,000
Postage....................................$ 80,680
Contract with Vocational
Rehabilitation Community
Facilities............................. $ 3,830,000
Contract for Epilepsy......................$ 65,000
Case Services..............................$ 8,719,899
E.S.R.P. Case Services.....................$ 75,000
Contract with the Affirmative
Industries...............................$ 108,000
Cerebral Palsy Contract....................$ 140,000
Total Funds Budgeted......................$ 30,784,718
Indirect DOAS Services Funding.............$ 50,000
Agency Funds...............................$ 20,430,631
GEORGIA LAWS 1984 SESSION
215
State Funds Budgeted........................$ 10,304,087
Total Positions Budgeted 593
Authorized Motor Vehicles 5
Rehabilitation Services Functional Budgets
District Field Services
Independent Living
Sheltered Employment
Community Facilities
Undistributed
Total
Total Funds State Funds Pos.
$ 25,763,073 $ 5,928,510 573
237,645 $
954,000 $
$
-0- $
76,321
469,256
$ 3,830,000 $ 3,830,000
$ 30,784,718
-0-
5
15
0
0
10,304,087 593
17. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services............................$ 8,671,328
Regular Operating Expenses.................$ 311,655
Travel.....................................$ 29,608
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 407
216
GENERAL ACTS AND RESOLUTIONS, VOL. I
18. Public Assistance Budget:
Personal Services...........................$ -0-
Regular Operating Expenses..................$ 14,282,352
Travel......................................$ -0-
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing...................$ -0-
Equipment Purchases..................... $ -0-
Computer Charges......................I.......$ -0-
Real Estate Rentals..................... $ -0-
Per Diem, Fees and Contracts..................504,000
SSI-Supplement Benefits................... $ 36,200
AFDC Benefits.............................. $ 201,825,716
Total Funds Budgeted........................$ 216,648,268
Agency Funds................................$ 150,301,068
State Funds Budgeted......;.............,...$ 66,347,200
Total Positions Budgeted 0
Public Assistance Functional Budgets
Total Funds State Funds Pos.
Refugee Benefits $ 2,101,050 $ -0- 0
AFDC Payments $ 201,825,716 $ 66,311,000 0
SSI - Supplement Benefits $ 36,200 $ 36,200 0
Energy Benefits $ 12,685,302 $ -0- 0
Undistributed $ -0- $ -0- 0
Total $ 216,648,268 $ 66,347,200 0
19. Local Services - Community Services
and Benefits Payments Budget:
Personal Services...........................$ -0-
Regular Operating Expenses..................$ 15,000
Travel.................................. $ -0-
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ -0-
GEORGIA LAWS 1984 SESSION
217
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ -0-
Per Diem, Fees and Contracts.............$ 2,926,000
Local Services Benefits
Payments Grants........................$ 61,272,490
Grants to Counties for
Social Services...................... $ 46,231,215
Grants to Fulton County for
24-hour Emergency Social
Services............................. $ 182,400
Homemaker Meals..........................$ 94,437
Chatham County Homemaker
Project................................$ 448,213
Douglas County Homemaker
Project.......................... ....$ 114,394
Fulton County Homemaker Project..........$ 296,782
Total Funds Budgeted................... $ 111,580,931
Agency Funds........................... $ 43,351,734
Social Services
Block Grant Funds......................$ 15,692,787
State Funds Budgeted.....................$ 52,536,410
Total Positions Budgeted 0
Local Services - Community Services
and Benefits Payments Functional Budgets
Local Services -
Benefits Payments Grants $
Grants to Counties
for Social Services $
Food Stamp Issuance $
Grants to Fulton County
for 24-hour Emergency
Services $
otal Funds State Funds Pos.
61,272,490 $ 30,566,245 0
46,231,215 $ 21,415,339 0
2,941,000 $ -0- 0
182,400 $ 182,400 0
218
GENERAL ACTS AND RESOLUTIONS, VOL. I
Homemaker Projects $ 953,826 $ 372,426 0
Undistributed $ -0- $ -0- 0
Total $ 111,580,931 $ 52,536,410 0
20. Family and Children Services -
Program Direction and Support
Budget:
Personal Services..............................$ 10,263,250
Regular Operating Expenses.....................$ 354,628
Travel.........................is.......394,104
Motor Vehicle Equipment
Purchases. .i...i....................;..;....$ -0-
Publications and Printing......................$ 866,965
Equipment Purchases.......................... $ 10,725
Computer Charges............................. $ 7,429,108
Real Estate Rentals........................ $ 199,310
Telecommunications..................... ......$ 1,224,780
Per Diem, Fees and Contracts...................$ 3,531,505
Utilities.................................. $ 5,500
Postage................................ $ 641,800
Total Funds Budgeted...........................$ 24,921,675
Agency Funds................................. $ 12,780,131
Indirect DOAS Services Funding.................$ 619,875
Social Services Block
Grant Funds.................J..............$ 2,693,787
State Funds Budgeted...........................$ 8,827,882
Total Positions Budgeted 375
Authorized Motor Vehicles 0
Family and Children Services - Program
Direction and Support Functional Budgets
Total Funds State Funds Pos.
Directors Office $ 572,551 $ 572,551 9
Administration
and Management $ 3,550,775 $ 2,317,122 95
GEORGIA LAWS 1984 SESSION
219
District Administration
$ 3,723,972 $ 3,723,972 106
Program Planning
and Development
Program Management
and Training
Management Information
Systems
Child Development
Administration
Indirect Cost
Undistributed
Total
$ 1,119,429 $ 1,119,429 16
$ 5,177,861 $ 1,993,906 58
$ 9,814,674 $ 5,266,730 57
$ 962,413 $ 962,413 34
$ -0- $ (7,128,241) 0
$ -0- $ -0- 0
$ 24,921,675 $ 8,827,882 375
Budget Unit Object Classes:
Personal Services...........................$ 104,691,626
Regular Operating Expenses................ $ 51,766,511
Travel......................................$ 2,730,097
Motor Vehicle Equipment
Purchases.............................. $ 167,350
Publications and Printing...................$ 1,545,583
Equipment Purchases.........................$ 362,451
Computer Charges.......................... $ 11,442,698
Real Estate Rentals....................... $ 5,472,311
Telecommunications..........................$ 3,806,571
Per Diem, Fees and Contracts................$ 72,595,230
Utilities............................... $ 877,200
Postage................................... $ 1,590,205
Capital Outlay..............................$ -0-
Grants for Regional Prenatal
and Postnatal Care Programs..............$ 3,879,000
Crippled Children Benefits..........4,425,000
Crippled Children Clinics...................$ 554,572
Kidney Disease Benefits.....................$ 576,180
Cancer Control Benefits.....................$ 2,015,000
220
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...................$ 33,686,910
Work Incentive Benefits....................$ 479,964
Grants to Fulton County
for 24-hour Emergency
Social Services..........................$ 182,400
Benefits for Child Care....................$ 15,698,315
Homemaker Meals........................... $ 94,437
Chatham County
Homemaker Project........................$ 448,213
Douglas County
Homemaker Project........................$ 114,394
Fulton County Homemaker Project............$ 296,782
Grants for Nephrology Centers..............$ 220,500
Case Services............................ $ 17,823,399
E.S.R.P. Case Services.....................$ 75,000
SSI-Supplement Benefits....................$ 36,200
AFDC Benefits............................ $ 201,825,716
Local Services Benefits
Payments Grants..........................$ 61,272,490
Grants to Counties for Social
Services.................................$ 46,231,215
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 1984 SESSION
221
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......................$ 3,000,000
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 4,224
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 $66,311,000 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:
222
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 1984 SESSION
223
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
224
GENERAL ACTS AND RESOLUTIONS, VOL. I
allocate one additional nursing position to
Lumpkin County.
It is the intent of the General Assembly that the
Department of Human Resources transfer funds
from other areas of Budget Unit A to insure that
rates in effect for the various Special Program
Services of AFDC-Institutional Foster Care and
Child Welfare-Institutional Foster Care be not less
than the rates paid for such various services on
June 30,1983.
For the purposes of this Act, common object
classes are defined as: Personal Services, Regular
Operating Expenses, Travel, Motor Vehicle
Equipment Purchases, Publications and Printing,
Equipment Purchases, Computer Charges, Real
Estate Rentals, Telecommunications, Per Diem,
Fees and Contracts and Utilities.
B. Budget Unit: State Health Planning
and Development................... $ 452,232
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...............................$ 391,707
State Funds Budgeted.......................$ 452,232
Total Positions Budgeted 21
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services..............&.....593,499
Regular Operating Expenses.................$ 47,202
GEORGIA LAWS 1984 SESSION 225
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.......................$ 283,066,700
1. Georgia Regional Hospital at
Augusta Budget:
Personal Services........................ $ 9,296,496
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...........................$ 211,504
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.......................$ 11,431,908
Agency Funds...............................$ 1,631,365
Indirect DOAS Services Funding.............$ 65,900
State Funds Budgeted.......................$ 9,734,643
Total Positions Budgeted 497
Authorized Motor Vehicles 25
2. Georgia Regional Hospital at
Atlanta Budget:
Personal Services........................ $ 11,908,281
Regular Operating Expenses.................$ 1,401,687
Travel.....................................$ 12,700
226
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ 7,000
Equipment Purchases....................... $ 31,700
Computer Charges...........................$ 158,668
Real Estate Rentals.........................$ -0-
Telecommunications........................ $ 141,026
Per Diem, Fees and Contracts................$ 314,130
Utilities....................... ........$ 587,994
Postage....................................$ 13,000
Capital Outlay..............................$ -0-
Authority Lease Rentals.....................$ -0-
Total Funds Budgeted........................$ 14,576,186
Agency Funds.............................. $ 2,582,236
Indirect DO AS Services Funding.............$ 102,100
State Funds Budgeted........................$ 11,891,850
Total Positions Budgeted 622
Authorized Motor Vehicles 25
3. Georgia Regional Hospital at
Savannah Budget:
Personal Services................|.........$ 9,685,368
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.......................... $ 140,137
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 117,433
Per Diem, Fees and Contracts................$ 143,720
Utilities............................ ...$ 444,860
Postage................................. $ 7,500
Authority Lease Rentals......jjjjpQ........$ -0-
Capital Outlay.......................... $ -0-
Total Funds Budgeted...................... $ 11,514,750
Agency Funds.....................;.........$ 1,324,761
Indirect DOAS Services Funding..............$ 93,300
State Funds Budgeted...................... $ 10,096,689
Total Positions Budgeted 505
Authorized Motor Vehicles 22
GEORGIA LAWS 1984 SESSION
227
4. West Central Georgia Regional
Hospital Budget:
Personal Services........................$ 7,992,438
Regular Operating Expenses................$ 849,739
Travel.................................. $ 12,400
Motor Vehicle Equipment Purchases.........$ 44,740
Publications and Printing.................$ 5,120
Equipment Purchases..................... $ 38,776
Computer Charges........................ $ 102,766
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 113,420
Per Diem, Fees and Contracts..............$ 38,250
Utilities.................................$ 480,231
Postage...................................$ 12,500
Authority Lease Rentals...................$ -0-
Capital Outlay.......................... $ -0-
Total Funds Budgeted......................$ 9,690,380
Agency Funds............................ $ 1,462,807
Indirect DOAS Services Funding............$ 82,300
State Funds Budgeted.................... $ 8,145,273
Total Positions Budgeted 424
Authorized Motor Vehicles 27
5. Northwest Georgia Regional Hospital
at Rome Budget:
Personal Services.........................$ 12,131,753
Regular Operating Expenses................$ 1,138,951
Travel................................ $ 8,400
Motor Vehicle Equipment
Purchases...............................$ 10,200
Publications and Printing....I............$ 800
Equipment Purchases.......................$ 73,475
Computer Charges.....;....................$ 159,882
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 106,469
Per Diem, Fees and Contracts..............$ 41,600
Utilities............................. $ 1,266,388
Postage................................. $ 9,125
Capital Outlay............................$ -0-
Authority Lease Rentals...................$ -0-
Total Funds Budgeted......................$ 14,947,043
Agency Funds............................ $ 3,799,330
Indirect DOAS Services Funding............$ 93,300
228
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted.......................$ 11,054,413
Total Positions Budgeted 678
Authorized Motor Vehicles 45
6. Gracewood State School
and Hospital Budget:
Personal Services..........................$ 27,659,122
Regular Operating Expenses.................$ 2,706,659
Travel.....................................$ 6,525
Motor Vehicle Equipment
Purchases................................$ 39,630
Publications and Printing..................$ 4,620
Equipment Purchases........................$ 233,724
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 299,316
Per Diem, Fees and Contracts...............$ 149,000
Utilities..................................$ 1,859,698
Postage.................................. $ 10,000
Capital Outlay.............................$ 343,000
Total Funds Budgeted.......................$ 33,311,294
Agency Funds...............................$ 11,769,282
Indirect DOAS Services Funding.............$ 100,000
State Funds Budgeted.......................$ 21,442,012
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....................... $ 19,408,870
Regular Operating Expenses.................$ 1,880,752
Travel................................. $ 14,000
Motor Vehicle Equipment
Purchases................................$ 15,855
Publications and Printing..................$ 4,000
Equipment. Purchases.......................$ 253,819
Computer Charges...........................$ 158,123
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 161,570
Per Diem, Fees and Contracts...............$ 217,920
Utilities..................................$ 918,040
Postage....................................$ 16,000
GEORGIA LAWS 1984 SESSION
229
Capital Outlay...............................$ -0-
Total Funds Budgeted........................$ 23,048,949
Agency Funds................................$ 7,337,428
Indirect DO AS Services Funding.............$ 98,800
State Funds Budgeted........................$ 15,612,721
Total Positions Budgeted 1,104
Authorized Motor Vehicles 53
8. Georgia Retardation Center Budget:
Personal Services.........................$ 16,237,316
Regular Operating Expenses...........I....$ 2,443,810
Travel......................................$ 11,700
Motor Vehicle Equipment
Purchases................................$ 48,536
Publications and Printing...................$ 5,100
Equipment Purchases....................... $ 60,468
Computer Charges.......................... $ 171,104
Real Estate Rentals.........................$ -0-
Telecommunications........................ $ 220,744
Per Diem, Fees and Contracts................$ 107,770
Utilities...............................,...$ 1,360,380
Postage.....................................$ 12,750
Authority Lease Rentals.....................$ 219,877
Capital Outlay..............................$ -0-
Total Funds Budgeted...................... $ 20,899,555
Agency Funds................................$ 8,330,891
Indirect DO AS Services Funding.............$ 109,800
State Funds Budgeted........................$ 12,458,864
Total Positions Budgeted -
July 1, 1983 887
Total Positions Budgeted -
June 30, 1984 882
Authorized Motor Vehicles 39
9. Georgia Mental Health
Institute Budget:
Personal Services...........................$ 10,081,634
Regular Operating Expenses..................$ 1,161,829
Travel.........................................$ 12,400
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ 3,950
Equipment Purchases.........................$ 49,577
Computer Charges............................$ 200,443
230
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 184,040
Per Diem, Fees and Contracts................$ 647,715
Utilities.................................. $ 1,476,180
Postage.....................................$ 12,000
Authority Lease Rentals.....................$ -0-
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 13,829,768
Agency Funds.............................. $ 1,494,184
Indirect DOAS Services Funding..............$ 202,100
State Funds Budgeted........................$ 12,133,484
Total Positions Budgeted 510
Authorized Motor Vehicles 20
10. Central State Hospital Budget:
Personal Services...........................$ 71,910,814
Regular Operating Expenses..................$ 9,651,711
Travel.................................... $ 25,800
Motor Vehicle Equipment
Purchases.............................. $ 159,895
Publications and Printing...................$ 17,500
Equipment Purchases.........................$ 255,098
Computer Charges............................$ 665,107
Real Estate Rentals.........................$ -0-
Telecommunications..........................$ 494,233
Per Diem, Fees and Contracts................$ 226,800
Utilities...................................$ 5,627,147
Postage.....................................$ 42,500
Authority Lease Rentals.....................$ 522,563
Capital Outlay..............................$ 275,000
Total Funds Budgeted........................$ 89,874,168
Agency Funds................................$ 24,506,006
Indirect DOAS Services Funding..............$ 677,400
State Funds Budgeted........................$ 64,690,762
Total Positions Budgeted -
July 1, 1983 3,953
Total Positions Budgeted -
June 30, 1984 3,922
Authorized Motor Vehicles 215
GEORGIA LAWS 1984 SESSION
231
Central State Hospital Functional Budgets
Total Funds State Funds Pos.
Mental Health/Mental
Retardation Services $ 77,267,085 $ 64,690,762 3686/
3655
Veterans Services $ 7,948,115 $ -0- 267
Department of Offender
Rehabilitation
Services $ 4,658,968 $ -0- 0
Total $ 89,874,168 $ 64,690,762 3953/
3922
11. State Youth Development
Centers Budget:
Personal Services...........................$ 13,091,576
Regular Operating Expenses..................$ 1,442,330
Travel......................................$ 7,500
Motor Vehicle Equipment
Purchases............................... $ 57,023
Publications and Printing...................$ 3,200
Equipment Purchases......;..................$ 406,635
Computer Charges............................$ -0-
Real Estate Rentals....................... $ -0-
Telecommunications..........................$ 137,165
Per Diem, Fees and Contracts................$ 133,800
Utilities...................................$ 985,300
Postage.....................................$ 19,500
Capital Outlay..............................$ 56,400
Total Funds Budgeted........................$ 16,340,429
Agency Funds................................$ 334,500
State Funds Budgeted........................$ 16,005,929
Total Positions Budgeted 723
Authorized Motor Vehicles 103
12. Regional Youth Development
Centers Budget:
Personal Services...........................$ 7,113,566
Regular Operating Expenses..................$ 891,025
232
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel............................,........$ 11,000
Motor Vehicle
Equipment Purchases......................$ 22,295
Publications and Printing..................$ 3,000
Equipment Purchases........................$ 40,047
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 65,000
Per Diem, Fees and Contracts...............$ 78,900
Utilities..................................$ 575,000
Postage................................ $ 10,500
Capital Outlay.............................$ 45,000
Grants to County-Owned
Detention Centers........................$ 2,140,874
Total Funds Budgeted.......................$ 10,996,207
Agency Funds............................. $ 249,305
State Funds Budgeted.......................$ 10,746,902
Total Positions Budgeted 414
Authorized Motor Vehicles 41
13. Community Mental Health/
Mental Retardation
Services Budget:
Personal Services....................... $ 9,085,665
Regular Operating Expenses.................$ 543,212
Travel................................... $ 40,300
Motor Vehicle Equipment
Purchases................................$ 11,500
Publications and Printing..................$ 3,200
Equipment Purchases...................J....$ 13,000
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 73,075
Telecommunications.........................$ 36,500
Per Diem, Fees and Contracts...............$ 459,532
Utilities................................ $ 22,600
Postage..............................iuiii.$ 1,800
Capital Outlay........................... $ -0-
Drug Abuse Contracts.......................$ 929,794
Day Care Centers for the
Mentally Retarded........................$ 50,999,537
MR Day Care Center Motor
Vehicle Purchases...............g........$ 579,000
Supportive Living Staff....................$ 1,366,294
Supportive Living Benefits.................$ 5,368,861
GEORGIA LAWS 1984 SESSION
233
Georgia State Foster
Grandparent/Senior
Companion Program...................... $ 530,212
Community Mental Health
Center Services..........................$ 61,522,029
Project Rescue.............................$ 287,700
Project ARC......................................177,299
Project Friendship.........................$ 240,500
Group Homes for
Autistic Children........................$ 265,637
Uniform Alcoholism Projects................$ 2,622,241
Community Mental
Retardation Staff...................... $ 2,976,993
Community Mental Retardation
Residential Services.....|..............$ 10,478,268
Total Funds Budgeted.......................$ 148,634,749
Social Services
Block Grant Funds........................$ 30,010,470
Agency Funds...............................$ 50,546,274
State Funds Budgeted.......................$ 68,078,005
Total Positions Budgeted 376
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 $
State Funds Pos.
5,808,539 221
1,028,363 40
1,689,126 $ 1,689,126 62
127,093 $ 127,093 3
1,212,689 $ 569,599 44
Total Funds
5,865,439 $
1,028,363 $
234
GENERAL ACTS AND RESOLUTIONS, VOL. I
Day Care Centers for the
Mentally Retarded $ 51,578,537
Supportive Living $ 6,735,155
$ 16,843,623 0
$ 3,302,488 0
Georgia State Foster
Grandparent/Senior
Companion Program
Community Mental
Retardation Staff
Community Mental
Retardation Residential
Services
$ 530,212 $ 530,212 0
$ 3,108,525 $ 2,177,738 0
$ 10,478,268 $ 7,131,820 0
Group Homes for
Autistic Children $ 265,637
Project Rescue $ 287,700
Drug Abuse Contracts $ 929,794
Project ARC $ 177,299
Project Friendship $ 240,500
Community Mental Health
Center Services $ 61,522,029
Uniform Alcoholism Projects $ 2,622,241
Central Laboratory $ 236,142
Undistributed $ -0-
Total $ 148,634,749
$
$
265,637
124,700
921,951
177,299
240,500
0
0
0
0
0
$ 25,410,776 0
$ 1,728,541 0
$ -0- 6
$ -0- 0
$ 68,078,005 376
14. Community Youth Services Budget:
Personal Services...........................$ 8,758,229
Regular Operating Expenses..................$ 1,192,187
Travel.....[.............................. $ 376,800
GEORGIA LAWS 1984 SESSION
235
Motor Vehicle
Equipment Purchases................mL...$ 29,384
Publications and Printing..................$ 3,300
Equipment Purchases........................$ 20,198
Computer Charges....................................-0-
Real Estate Rentals........................$ 281,500
Telecommunications......rwalQ.............$ 237,005
Per Diem, Fees and Contracts..............$ -0-
Utilities........I........................$ 38,350
Postage....................................$ 22,200
Child Care Benefits.....;.................$ 16,000
Total Funds Budgeted.......................$ 10,975,153
State Funds Budgeted..................... $ 10,975,153
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.
$ 517,412 $ 517,412 19
$ 1,107,529 $ 1,107,529 17
$ 602,533 $ 602,533 23
$ 1,835,321 $ 1,835,321 77
$ 6,136,042 $ 6,136,042 258
$ 388,683 $ 388,683 15
$ 77,633 $ 77,633 3
$ 310,000 $ 310,000 0
$ -0- $ -0- 0
$ 10,975,153 $ 10,975,153 412
236
GENERAL ACTS AND RESOLUTIONS, VOL. I
15. Regular Operating Expense
Reserve Budget:
Regular Operating Expense.................$ -0-
Total Funds...............................$ -0-
State Funds...........................;...$ -0-
Budget Unit Object Classes:
Personal Services..........................$ 234,361,128
Regular Operating Expenses.................$ 27,314,432
Travel.................................... $ 560,525
Motor Vehicle Equipment
Purchases............................. $ 484,272
Publications and Printing..................$ 67,290
Equipment Purchases........................$ 1,556,936
Computer Charges......................... $ 1,967,734
Real Estate Rentals........................$ 354,575
Telecommunications....................... $ 2,421,991
Per Diem, Fees and Contracts...............$ 2,812,202
Utilities.............................. $ 16,007,850
Postage....................................$ 198,525
Capital Outlay.............................$ 719,400
Authority Lease Rentals.................. $ 742,440
Grants to County-Owned
Detention Centers........................$ 2,140,874
Drug Abuse Contracts.......................$ 929,794
Day Care Centers for the
Mentally Retarded........................$ 50,999,537
MR Day Care Center Motor
Vehicle Purchases........................$ 579,000
Supportive Living Staff....................$ 1,366,294
Supportive Living Benefits.................$ 5,368,861
Georgia State Foster
Grandparent/Senior
Companion Program........................$ 530,212
Community Mental Health
Center Services......................... $ 61,522,029
Project Rescue........................... $ 287,700
Project ARC................................$ 177,299
Project Friendship.........................$ 240,500
Group Homes for
Autistic Children...................... $ 265,637
Uniform Alcoholism Projects................$ 2,622,241
Child Care Benefits........................$ 16,000
GEORGIA LAWS 1984 SESSION
237
Community Mental
Retardation Staff........................$ 2,976,993
Community Mental Retardation
Residential Services.....................$ 10,478,268
Total Positions Budgeted -
July 1, 1983 12,693
Total Positions Budgeted -
June 30, 1984 12,615
Authorized Motor Vehicles 1,549
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 to $392 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
238
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
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 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 $2,500,000 of 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.
GEORGIA LAWS 1984 SESSION
239
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-
ity (Hospital) is authorized to make $250,000 of
surplus and reserves available for the aforemen-
tioned purposes.
Provided, however, the Department is autho-
rized and directed to utilize $123,500 of available
surplus and reserves of the Georgia Building
Authority (Hospital) for completion of Phase II of
the electrical system upgrading and for repair of an
elevator in the Powell Building at Central State
Hospital.
Provided that of the above appropriation relat-
ing to Community Youth Services, $33,750 is des-
ignated and committed for the purpose of continu-
ing the work experience component of the
Ft. Yargo Group Home Program.
Section 27. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade.........................$ 8,618,196
1. Industry Budget:
Personal Services........................$ 540,086
Regular Operating Expenses...............$ 10,000
Travel................................. $ 69,300
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 5,400
Equipment Purchases......................$ 150
Computer Charges.........................$ 21,622
Real Estate Rentals......................$ -0-
Telecommunications.......................$ -0-
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted.....................$ 646,558
State Funds Budgeted.....................$ 646,558
Total Positions Budgeted 16
240
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Research Budget:
Personal Services........................$ 353,082
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......................$ 432,508
State Funds Budgeted......................$ 432,508
Total Positions Budgeted 14
3. Tourism - Promotional Budget:
Personal Services....................... $ 617,361
Regular Operating Expenses................$ 71,900
Travel...................................... 65,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 189,500
Equipment Purchases.......................$ 2,450
Computer Charges..........I..............$ 18,154
Real Estate Rentals.......................$ -0-
Telecommunications........................$ -0-
Per Diem, Fees and Contracts..............$ 90,870
Historic Chattahoochee
Commission Contract....................$ 40,000
Total Funds Budgeted......................$ 1,095,235
State Funds Budgeted.................... $ 1,095,235
Total Positions Budgeted 26
4. Tourist - Welcome Centers Budget:
Personal Services....................... $ 1,480,424
Regular Operating Expenses.............. $ 352,988
Travel............................. .....$ 30,000
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
GEORGIA LAWS 1984 SESSION
241
Total Funds Budgeted.......................$ 2,005,377
State Funds Budgeted..................... $ 1,915,377
Total Positions Budgeted 93
5. Internal Administration Budget:
Personal Services..........................$ 634,038
Regular Operating Expenses................$ 208,670
Travel.....................................$ 13,000
Motor Vehicle Equipment Purchases..........$ 12,000
Publications and Printing..................$ 35,000
Equipment Purchases........................$ 500
Computer Charges...........................$ 3,000
Real Estate Rentals........................$ 246,469
Telecommunications....................... $ 119,070
Per Diem, Fees and Contracts...............$ 17,000
Postage..............................-....$ 145,000
Georgia Ports Authority -
Authority Lease Rentals..................$ 2,735,000
Georgia Ports Authority -
General Obligation Bond
Payments................................$ 637,946
Atlanta Council for
International Visitors................. $ 25,000
Waterway Development in Georgia............$ 25,000
Georgia Music Week Promotion...............$ 20,000
Georgia World Congress Center
Operating Expenses.......................$ 485,000
International Council of
Georgia, Inc.............................$ -0-
Total Funds Budgeted........I.............$ 5,361,693
State Funds Budgeted.......................$ 3,124,563
Total Positions Budgeted 24
6. International Budget:
Personal Services.....MM..................$ 561,848
Regular Operating Expenses.................$ 62,500
Travel.....................................$ 92,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 15,000
Equipment Purchases........................$ 1,400
Computer Charges...........................$ 25,500
Real Estate Rentals........................$ 42,000
Telecommunications.........................$ 20,500
Per Diem, Fees and Contracts...............$ 83,250
242
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.....................$ 904,498
State Funds Budgeted.............I.......$ 904,498
Total Positions Budgeted 17
7. Advertising Budget:
Advertising...............................$ 499,457
Total Funds Budgeted.................... $ 499,457
State Funds Budgeted......................$ 499,457
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services....................... $ 4,186,839
Regular Operating Expenses................$ 710,858
Travel............................. .....$ 271,800
Motor Vehicle Equipment Purchases.........$ 12,000
Publications and Printing.................$ 294,456
Equipment Purchases......................$ 16,275
Computer Charges..........................$ 72,446
Real Estate Rentals................... $ 288,469
Telecommunications...................|...$ 153,760
Per Diem, Fees and Contracts..............$ 216,020
Postage........|.........................$ 145,000
Local Welcome Center Contracts............$ 110,000
Advertising........................... $ 499,457
Georgia Ports Authority -
Authority Lease Rentals.................$ 2,735,000
Georgia Ports Authority -
General Obligation Bond
Payments................................$ 637,946
Historic Chattahoochee
Commission Contract....................$ 40,000
Atlanta Council for
International Visitors..................$ 25,000
Waterway Development in Georgia...........$ 25,000
Georgia Music Week Promotion..............$ 20,000
Georgia World Congress Center
Operating Expenses......................$ 485,000
International Council of
Georgia, Inc.......................... $ -0-
Total Positions Budgeted 190
Authorized Motor Vehicles 21
GEORGIA LAWS 1984 SESSION
243
B. Budget Unit: Authorities...................$ -0-
L Georgia World Congress Budget:
Personal Services....................... $ 3,676,090
Regular Operating Expenses................$ 1,392,178
Travel......|.............................$ 36,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 24,600
Equipment Purchases.......................$ 40,000
Computer Charges..........................$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications...................... $ 68,160
Per Diem, Fees and Contracts..............$ 200,352
Atlanta Convention and
Visitors Bureau.........................$ 1,000,000
Total Funds Budgeted......................$ 6,437,380
State Funds Budgeted......................$ -0-
Total Positions Budgeted 147
2. Georgia Ports Authority Budget:
Personal Services.........................$ 21,000,000
Regular Operating Expenses................$ 8,070,228
Travel................................ $ 475,207
Motor Vehicle Equipment
Purchases............................. $ 472,080
Publications and Printing.................$ 250,108
Equipment Purchases..................... $ 3,119,000
Real Estate Rentals.......................$ 189,403
Telecommunications........................$ 512,960
Repayments for Previous
Capital Improvement Funding.............$ 2,227,130
Computer Charges..........................$ 457,142
Per Diem, Fees and Contracts............ $ 1,211,582
Other Debt-Service Payments............. $ 721,150
Capital Outlay - Internal
Operations..............................$ 24,408,920
Capital Reinvestment......................$ -0-
Total Funds Budgeted.................... $ 63,114,910
State Funds Budgeted......................$ -0-
Total Positions Budgeted 780
It is the intent of this General Assembly that to
the extent that gross income from operations
exceeds the amount contemplated in this Appro-
244
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Budget Unit Object Classes:
Personal Services........-..........i......$ 24,676,090
Regular Operating Expenses.................$ 9,462,406
Travel............................... ....$ 511,207
Motor Vehicle Equipment
Purchases.......................... $ 472,080
Publications and Printing..................$ 274,708
Equipment Purchases.........;............ $ 3,159,000
Computer Charges.......................... $ 457,142
Real Estate Rentals........................$ 189,403
Telecommunications................... $ 581,120
Per Diem, Fees and Contracts...............$ 1,411,934
Repayments for Previous
Capital Improvement Funding..............$ 2,227,130
Other Debt-Service Payments................$ 721,150
Capital Outlay - Internal
Operations..................8CS?.y.!.U......$ 24,408,920
Atlanta Convention and
Visitors Bureau........................ $ 1,000,000
Total Positions Budgeted 927
Authorized Motor Vehicles 36
Section 28. Department of Labor.
A. Budget Unit: Inspection Division............$ 781,510
Inspection Division Budget:
Personal Services..........................$ 661,229
Regular Operating Expenses.....i?.:........$ 13,259
Travel................................... $ 87,751
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 5,000
GEORGIA LAWS 1984 SESSION
245
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 7,971
Telecommunications.......................$ 6,100
Per Diem, Fees and Contracts.............$ 200
Total Funds Budgeted.....................$ 781,510
State Funds Budgeted.....................$ 781,510
Total Positions Budgeted 28
Budget Unit Object Classes:
Personal Services.................... $ 661,229
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......................$ 7,971
Telecommunications.......................$ 6,100
Per Diem, Fees and Contracts.............$ 200
Total Positions Budgeted 28
B. Budget Unit: Basic Employment, Food
Stamps, Work Incentive,
Correctional Services,
Comprehensive Employment
and Training and Job
Training Partnership...............$ 3,419,641
1. Basic Employment Security Budget:
Personal Services.........................$ 38,169,861
Regular Operating Expenses................$ 3,565,157
Travel....................................$ 1,005,000
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 9,200
Equipment Purchases.......................$ 980,000
Computer Charges..........................$ 14,000
Real Estate Rentals.......................$ 1,430,096
Telecommunications........................$ 965,000
Per Diem, Fees and Contracts..............$ 822,750
W.I.N. Grants.............................$ -0-
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 46,961,064
246
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 1,071,665
Total Positions Budgeted 1,519
2. Work Incentive Program Budget:
Personal Services.........................$ 2,526,797
Regular Operating Expenses................$ 100,625
Travel.................................. $ 20,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 1,000
Equipment Purchases.......................$ 20,526
Computer Charges..........................$ 1,000
Real Estate Rentals..................... $ 35,000
Telecommunications........................$ 49,825
Per Diem, Fees and Contracts.....*........$ 1,021,061
W.I.N. Grants.............................$ 226,782
Capital Outlay............................$ -0-
Total Funds Budgeted.................... $ 4,002,616
State Funds Budgeted......................$ 400,262
Total Positions Budgeted 82
3. Comprehensive Employment
and Training Act (CETA) Budget:
Personal Services...................... $ 10,611,379
Regular Operating Expenses................$ 1,294,973
Travel.....................j..............$ 203,000
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 6,000
Equipment Purchases.......................$ 19,000
Computer Charges..........................$ 5,000
Real Estate Rentals..................... $ 362,000
Telecommunications...............|........$ 364,000
Per Diem, Fees and
Contracts (CETA)........................$ 12,000
CETA Direct Benefits..............,.......$ 37,469,000
Total Funds Budgeted......................$ 50,346,352
State Funds Budgeted......................$ -0-
Total Positions Budgeted 422
4. Correctional Services Budget:
Personal Services.........................$ 1,770,068
Regular Operating Expenses................$ 47,851
Travel....................................$ 20,245
Motor Vehicle Equipment Purchases.........$ -0-
GEORGIA LAWS 1984 SESSION
247
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......................$ 1,947,714
State Funds Budgeted................... $ 1,947,714
Total Positions Budgeted 74
5. Job Training Partnership
Act Budget:
Personal Services.........................$ 4,671,596
Regular Operating Expenses................$ 522,900
Travel....................................$ 75,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,250
Equipment Purchases.......................$ 6,750
Computer Charges..........................$ 2,250
Real Estate Rentals.......................$ 135,750
Telecommunications........................$ 136,500
Per Diem, Fees and
Contracts (JTPA)........................$ 37,500
Total Funds Budgeted......................$ 5,590,496
State Funds Budgeted......................$ -0-
Total Positions Budgeted 200
Budget Unit Object Classes:
Personal Services.........................$ 57,749,701
Regular Operating Expenses................$ 5,531,506
Travel....................................$ 1,323,245
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing.................$ 18,700
Equipment Purchases.......................$ 1,026,576
Computer Charges..........................$ 23,250
Real Estate Rentals.......................$ 2,025,846
Telecommunications........................$ 1,550,325
Per Diem, Fees and
Contracts (CETA)........................$ 12,000
Per Diem, Fees and
Contracts (JTPA)........................$ 37,500
Per Diem, Fees and Contracts..............$ 1,853,811
W.I.N. Grants.............................$ 226,782
248
GENERAL ACTS AND RESOLUTIONS, VOL. I
CETA Direct Benefits.......................$ 37,469,000
Capital Outlay......................................-0-
Total Positions Budgeted 2,297
Authorized Motor Vehicles 6
Provided, however, that the Department of
Labor is not required to budget Work Incentive
(WIN) as a separate activity prior to July 1,1984.
Section 29. Department of Law.
Budget Unit: Department of Law.................$ 4,631,591
Attorney Generals Office Budget:
Personal Services...........................$ 4,062,095
Regular Operating Expenses.................$ 359,664
Travel.................................... $ 95,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 30,150
Equipment Purchases...................... $ 2,590
Computer Charges...........................$ 32,050
Real Estate Rentals........................$ 311,807
Telecommunications..................... $ 97,735
Per Diem, Fees and Contracts...............$ 30,500
Books for State Library....................$ 55,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 5,076,591
State Funds Budgeted.......................$ 4,631,591
Total Positions Budgeted 116
Budget Unit Object Classes:
Personal Services...........................$ 4,062,095
Regular Operating Expenses.................$ 359,664
Travel.................................. $ 95,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 30,150
Equipment Purchases........................$ 2,590
Computer Charges...........................$ 32,050
Real Estate Rentals...................... $ 311,807
Telecommunications.........................$ 97,735
Per Diem, Fees and Contracts...............$ 30,500
Books for State Library....................$ 55,000
GEORGIA LAWS 1984 SESSION
249
Capital Outlay.............................$ -0-
Total Positions Budgeted 116
Authorized Motor Vehicles 1
Provided, however, that of the above appropri-
ation relative to regular operating expenses,
$30,500 is designated and committed for Court
Reporter Fees.
Section 30. Department of
Medical Assistance.
Budget Unit: Medicaid Services................$ 218,839,832
1. Commissioners Office Budget:
Personal Services....................... $ 434,572
Regular Operating Expenses................$ 9,200
Travel.................................. $ 6,600
Motor Vehicle Equipment Purchases.........$ 12,000
Publications and Printing...........................400
Equipment Purchases.......................$ -0-
Real Estate Rentals.......................$ 55,336
Telecommunications........................$ 11,600
Per Diem, Fees and Contracts..............$ 105,900
Total Funds Budgeted......................$ 635,608
State Funds Budgeted......................$ 273,921
Total Positions Budgeted 11
2. Administration Budget:
Personal Services.........................$ 860,673
Regular Operating Expenses................$ 47,430
Travel....................................$ 5,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,810
Equipment Purchases.......................$ 8,000
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 215,113
Telecommunications....,...................$ 19,774
Per Diem, Fees and Contracts.........,....$ 10,000
Postage...................................$ 163,765
Audits Contracts................... .....$ 479,504
Total Funds Budgeted.................... $ 1,819,069
State Funds Budgeted......................$ 592,753
Total Positions Budgeted 38
250
GENERAL ACTS AND RESOLUTIONS, VOL. I
3. Program Management Budget:
Personal Services....................... $ 1,106,031
Regular Operating Expenses...:...;iV......$ 51,520
Travel...................I..................$ 17,910
Publications and Printing...................$ 35,350
Equipment Purchases..................... $ -0-
Computer Charges................ Ji*S;.....$ -0-
Real Estate Rentals..,......................$ 263,267
Telecommunications................................ 66,381
Per Diem, Fees and Contracts................$ 9,300,320
Total Funds Budgeted........................$ 10,840,779
State Funds Budgeted................... .,.$ 1,386,710
Total Positions Budgeted 41
4. Operations Budget:
Personal Services......................... $ 2,356,090
Regular Operating Expenses..................$ 164,080
Travel.....................Mfigjfafl........$ 2,200
Publications and Printing.,............... $ 144,000
Equipment Purchases.........................$ 5,000
Computer Charges.......................,....$ 7,840,660
Real Estate Rentals....................... $ 238,280
Telecommunications....................... $ 91,015
Per Diem, Fees and Contracts................$ 89,000
Postage.......................... ....$ 712,355
Total Funds Budgeted.......Hpfe&fjNfi.......$ 11,642,680
Indirect DOAS Services Funding..............$ 1,400,000
Agency Funds.............................. $ 8,517,958
State Funds Budgeted.............................1,661,972
Total Positions Budgeted 121
5. Program Integrity Budget:
Personal Services..........................$ 1,610,965
Regular Operating Expenses..................$ 40,060
Travel.................................... $ 55,385
Publications and Printing.......^...........$ 5,800
Equipment Purchases....................... $ -0-
Real Estate Rentals.........................$ 214,646
Telecommunications..........................$ 46,825
Per Diem, Fees and Contracts................$ 5,000
Postage...........................M.........$ -0-
Total Funds Budgeted.................... $ 1,978,681
GEORGIA LAWS 1984 SESSION
251
State Funds Budgeted...................... $ 844,962
Total Positions Budgeted 70
6. Benefits Payments Budget:
Medicaid Benefits..........................$ 662,293,952
Payments to Counties
for Mental Health.......................$ 10,845,445
Total Funds Budgeted.......................$ 673,139,397
State Funds Budgeted................... $ 214,079,514
Total Positions Budgeted 0
Budget Unit Object Classes:
Personal Services........................ $ 6,368,331
Regular Operating Expenses.................$ 312,290
Travel................................... $ 87,095
Motor Vehicle Equipment
Purchases...............................$ 12,000
Publications and Printing..................$ 195,360
Equipment Purchases...................... $ 13,000
Computer Charges...........................$ 7,840,660
Real Estate Rentals........................$ 986,642
Telecommunications.........................$ 235,595
Per Diem, Fees and Contracts...............$ 9,510,220
Postage................................ $ 876,120
Medicaid Benefits..........................$ 662,293,952
Payments to Counties for
Mental Health........................ $ 10,845,445
Audits Contracts....................... $ 479,504
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..............$ 5,269,904
252
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...........................$ 477,118
Real Estate Rentals...................... $ -0-
Telecommunications....................... $ 18,900
Per Diem, Fees and Contracts...............$ 5,600
Postage.................................. $ 90,300
Total Funds Budgeted.......................$ 1,602,516
Agency Assessments.........................$ 1,602,516
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...........................$ 166,413
Real Estate Rentals........;..iUi.........$ -0-
Telecommunications.........................$ 5,862
Per Diem, Fees and Contracts...............$ 1,000
Postage................;..................$ 3,000
Total Funds Budgeted.......................$ 698,908
Agency Assessments.........................$ 698,908
Total Positions Budgeted 19
3. Program Evaluation and Audit Budget:
Personal Services..j..................... $ 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.......i..................$ 216,337
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 5,199
Per Diem, Fees and Contracts...............$ -0-
GEORGIA LAWS 1984 SESSION
253
Postage...................................$ 1,100
Total Funds Budgeted......................$ 555,209
Agency Assessments........................$ 555,209
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..........................$ 18,103
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 9,150
Per Diem, Fees and Contracts..............$ 131,323
Postage...................................$ 4,400
Total Funds Budgeted......................$ 802,496
Agency Assessments...................... $ 802,496
Total Positions Budgeted 23
5. Health Insurance
Administration Budget:
Personal Services.........................$ 560,228
Regular Operating Expenses................$ 10,700
Travel....................................$ 7,500
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing.................$ 43,000
Equipment Purchases................... $ 7,440
Computer Charges..........................$ 371,029
Real Estate Rentals.......................$ 57,985
Telecommunications........................$ 48,040
Per Diem, Fees and Contracts..............$ 4,284,270
Postage...................................$ 27,460
Total Funds Budgeted......................$ 5,417,652
Other Health Insurance
Agency Funds............................$ -0-
Employer and Employee
Contributions...........................$ 5,417,652
Total Positions Budgeted 26
254
GENERAL ACTS AND RESOLUTIONS, VOL. I
6. Health Insurance Claims Budget:
Personal Services........................$ -0-
Regular Operating Expenses...............$ -0-
Travel.................................. $ -0-
Motor Vehicle Equipment
Purchases..............1...............$ -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...........i...............$ -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
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
GEORGIA LAWS 1984 SESSION 255
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..............$ 58,000
Postage...................................$ 3,500
Total Funds Budgeted......................$ 942,830
Agency Assessments........................$ 942,830
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............I...................$ -0-
Publications and Printing.................$ 147,150
Equipment Purchases.......................$ 31,365
Computer Charges..........................$ 1,315,726
Real Estate Rentals.......................$ 573,145
Telecommunications........................$ 106,478
Per Diem, Fees and Contracts..............$ 12,687,981
Postage...................................$ 135,860
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.
Provided, however, the Department is autho-
rized to assess no more than $103.50 per merit
system employee for the cost of departmental
operations.
256
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 32. Department of Natural
Resources.
A. Budget Unit: Department of Natural
Resources..........................$ 47,720,627
1. Internal Administration Budget:
Personal Services........................$ 2,227,077
Regular Operating Expenses.............. $ 176,017
Travel....................................$ 18,000
Motor Vehicle Equipment Purchases.........$ 8,000
Publications and Printing............... $ 167,290
Equipment Purchases................... $ 500
Computer Charges.................... ..$ 162,164
Real Estate Rentals.......................$ 167,212
Telecommunications.................... $ 69,529
Per Diem, Fees and Contracts..............$ 95,200
Postage....................I......:......$ 83,376
Payments to Lake Lanier Islands
Development Authority................. $ 494,700
Payments to Jekyll Island St.
Park Authority........................ $ -0-
Capital Outlay - Heritage Trust...........$ 75,000
Total Funds Budgeted......................$ 3,744,065
Receipts from Jekyll Island
State Park Authority....................$ 50,000
Receipts from Stone Mountain
Memorial Association....................$ 328,500
State Funds Budgeted......................$ 3,340,565
Total Positions Budgeted 81
2. Game and Fish Budget:
Personal Services.........................$ 12,864,974
Regular Operating Expenses................$ 3,066,405
Travel..................I................$ 67,000
Motor Vehicle Equipment
Purchases............................. $ 830,750
Publications and Printing.................$ 74,000
Equipment Purchases...................;..$ 398,186
Computer Charges..........................$ 44,219
Real Estate Rentals..................... $ 45,438
Telecommunications........................$ 221,506
Per Diem, Fees and Contracts..............$ 77,500
Postage...................................$ 62,466
GEORGIA LAWS 1984 SESSION
257
Capital Outlay -
Consolidated Maintenance.................$ 314,375
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition....................$ 350,000
Total Funds Budgeted.......................$ 18,416,819
Indirect DOAS Services Funding.............$ 100,000
State Funds Budgeted.......................$ 14,845,330
Total Positions Budgeted 477
3. Parks, Recreation and
Historic Sites Budget:
Personal Services..........................$ 8,917,690
Regular Operating Expenses.................$ 3,615,740
Travel.................................... $ 75,000
Motor Vehicle Equipment
Purchases................................$ 224,000
Publications and Printing..................$ 95,000
Equipment Purchases..................|.....$ 226,000
Computer Charges........................,..$ 15,000
Real Estate Rentals........................$ 132,601
Telecommunications.........................$ 236,456
Per Diem, Fees and Contracts...............$ 68,400
Postage....................................$ 52,600
Capital Outlay - Repairs
and Maintenance..........................$ 1,358,500
Capital Outlay - Shop Stock................$ 250,000
Cost of Material for Resale.............. $ 975,000
Authority Lease Rentals....................$ 1,513,000
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........................... $ 1,156,800
Technical Assistance Contract..............$ 100,000
Total Funds Budgeted.......................$ 20,862,787
Indirect DOAS Services Funding.............$ 100,000
State Funds Budgeted..................... $ 11,769,854
Total Positions Budgeted 373
258
GENERAL ACTS AND RESOLUTIONS, VOL. I
4. Environmental Protection Budget:
Personal Services..................... $ 9,471,542
Regular Operating Expenses................$ 652,291
Travel........................... :>,$ 235,400
Motor Vehicle Equipment
Purchases........................... $ 25,200
Publications and Printing.................$ 74,550
Equipment Purchases.......................$ 33,993
Computer Charges........L.................$ 101,880
Real Estate Rentals.......................$ 512,513
Telecommunications..................... $ 175,592
Per Diem, Fees and Contracts..............$ 747,500
Postage............................... $ 89,822
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......................$ 20,005,720
State Funds Budgeted......................$ 16,807,420
Total Positions Budgeted 311
5. Coastal Resources Budget:
Personal Services..................... $ 714,670
Regular Operating Expenses................$ 170,312
Travel......................... ...$ 11,000
Motor Vehicle Equipment Purchases.........$ 16,100
Publications and Printing............... $ 15,190
Equipment Purchases.......................$ 21,947
Computer Charges...............I..........$ 15,000
Real Estate Rentals.........Ift...........$ -0-
Telecommunications.................... $ 18,600
Per Diem, Fees and Contracts..............$ 7,500
Postage................................. $ 7,139
Capital Outlay - Buoy Maintenance.........$ 20,000
Total Funds Budgeted......................$ 1,017,458
State Funds Budgeted.................... $ 957,458
Total Positions Budgeted 25
GEORGIA LAWS 1984 SESSION
259
Budget Unit Object Classes:
Personal Services.........................$ 34,195,953
Regular Operating Expenses................$ 7,680,765
Travel.................................. $ 406,400
Motor Vehicle Equipment
Purchases...............................$ 1,104,050
Publications and Printing.................$ 426,030
Equipment Purchases.......................$ 680,626
Computer Charges..........................$ 338,263
Real Estate Rentals......................$ 857,764
Telecommunications........................$ 721,683
Per Diem, Fees and Contracts..............$ 996,100
Postage...................................$ 295,403
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 - Repairs
and Maintenance.........................$ 1,358,500
Capital Outlay - Shop Stock...............$ 250,000
Capital Outlay - Heritage Trust...........$ 75,000
Authority Lease Rentals...................$ 1,513,000
Cost of Material for Resale...............$ 975,000
Payments to Lake Lanier Islands
Development Authority...................$ 494,700
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............................$ 1,156,800
Capital Outlay - Buoy
Maintenance.............................$ 20,000
Capital Outlay -
Consolidated Maintenance................$ 314,375
Technical Assistance Contract.............$ 100,000
260
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Commission,
except that land specifically provided for in this
Section.
Provided, however, that $1,000,000 of the above
appropriation for Water and Sewer Grants shall be
available for allotment to counties and municipali-
ties for emergency type projects, and that
$5,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
B. Budget Unit: Authorities.................$ -0-
1. Lake Lanier Islands Development
Authority Budget:
Personal Services........................$ 1,647,232
Regular Operating Expenses...............$ 676,917
Travel............................... $ 3,605
Motor Vehicle Equipment Purchases........$ 7,000
Publications and Printing................$ 45,095
Equipment Purchases......................$ 106,050
Computer Charges....................... $ 3,700
GEORGIA LAWS 1984 SESSION
261
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 39,940
Per Diem, Fees and Contracts...........,..$ 24,400
Capital Outlay......................9....$ -0-
Campground Sinking Fund...................$ -0-
Promotion Expenses........................$ -0-
Total Funds Budgeted......................$ 2,553,939
State Funds Budgeted......................$ -0-
Total Positions Budgeted 64
2. Jekyll Island State Park
Authority Budget:
Personal Services.........................$ 2,676,298
Regular Operating Expenses................$ 1,900,360
Travel....................................$ 31,900
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 37,295
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 18,000
Real Estate Rentals...................... $ -0-
Telecommunications...................... $ 40,065
Per Diem, Fees and Contracts..............$ 101,620
Mortgage Payments.........................$ -0-
Capital Outlay............................$ 1,140,000
Promotion Expenses...................... $ -0-
Payments to the Department
of Natural Resources..........................50,000
Total Funds Budgeted.................... $ 5,995,538
State Funds Budgeted......................$ -0-
Total Positions Budgeted 165
Budget Unit Object Classes:
Personal Services.........................$ 4,323,530
Regular Operating Expenses................$ 2,577,277
Travel....................................$ 35,505
Motor Vehicle Equipment Purchases.........$ 7,000
Publications and Printing.................$ 82,390
Equipment.................................$ 106,050
Computer Charges..........................$ 21,700
Real Estate Rentals.......................$ -0-
Telecommunications...................... $ 80,005
Per Diem, Fees and Contracts..............$ 126,020
Capital Outlay............................$ 1,140,000
Promotion Expense.........................$ -0-
262 GENERAL ACTS AND RESOLUTIONS, VOL. I
Campground Sinking Fund.............. $
Payments to the Department
of Natural Resources.................$
Mortgage Payments......................$
Total Positions Budgeted
Authorized Motor Vehicles
Section 33. Department of Offender
Rehabilitation.
A. Budget Unit: Departmental Operations......$
1. General Administration and
Support Budget:
Personal Services..................... $
Regular Operating Expenses................$
Travel....................................$
Motor Vehicle Equipment Purchases.........$
Publications and Printing............... $
Equipment Purchases..................... $
Computer Charges..........................$
Real Estate Rentals................... $
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Utilities................................$
Total Funds Budgeted......................$
Indirect DOAS Services Funding............$
State Funds Budgeted......................$
Total Positions Budgeted
2. Adult Facilities and Programs
Budget:
Personal Services.........................$
Regular Operating Expenses................$
Travel................................... $
Motor Vehicle Equipment
Purchases...............................$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Utilities.................................$
County Subsidy............................$
-0-
50,000
-0-
229
100
22,400,299
3,560,445
301,308
34,300
-0-
50,000
3,800
775,756
904,193
235.000
576,591
-0-
6.441.393
450.000
5.991.393
139
4,127,217
114,918
117,530
66,400
-0-
30,900
-0-
3,000
26,600
383,000
-0-
7,093,825
GEORGIA LAWS 1984 SESSION
263
County Subsidy for Jails...................$ 712,500
Court Costs................................$ 404,000
Central Repair Fund........................$ 984,000
Grants for County
Workcamp Construction....................$ 750,000
Grants for Local Jails.....................$ 400,000
Total Funds Budgeted.......................$ 15,213,890
State Funds Budgeted.......................$ 15,213,890
Total Positions Budgeted 165
3. Training and Staff Development
Center Budget:
Personal Services....,....................$ 715,946
Regular Operating Expenses.................$ 188,070
Travel.....................................$ 122,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing.................$ 1,000
Equipment Purchases........................$ 15,000
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 80,000
Telecommunications...,.....................$ 22,000
Per Diem, Fees and Contracts...............$ -0-
Utilities................,.................$ 51,000
Total Funds Budgeted......................$ 1,195,016
State Funds Budgeted...................... $ 1,195,016
Total Positions Budgeted 32
Budget Unit Object Classes:
Personal Services..........................$ 8,403,608
Regular Operating Expenses.................$ 604,296
Travel................................... $ 273,830
Motor Vehicle Equipment Purchases..........$ 66,400
Publications and Printing..................$ 51,000
Equipment Purchases........................$ 49,700
Computer Charges...........................$ 775,756
Real Estate Rentals........................$ 987,193
Telecommunications.........................$ 283,600
Per Diem, Fees and Contracts...............$ 959,591
Utilities................................ $ 51,000
County Subsidy.............................$ 7,093,825
County Subsidy for Jails...................$ 712,500
Court Costs................................$ 404,000
Central Repair Fund........................$ 984,000
264
GENERAL ACTS AND RESOLUTIONS, VOL. I
Grants for County
Workcamp Construction...................$ 750,000
Grants for Local Jails.....................$ 400,000
Total Positions Budgeted 336
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..............................$ 121,736,447
1. Georgia Training and Development
Center Budget:
Personal Services......................... $ 1,412,389
Regular Operating Expenses..................$ 67,350
Travel................................... .$ 800
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -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........................$ 1,642,739
State Funds Budgeted........................$ 1,642,739
Total Positions Budgeted 66
2. Georgia Industrial Institute
Budget:
Personal Services...........................$ 5,834,773
Regular Operating Expenses..................$ 242,901
Travel......................................$ 3,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ -0-
GEORGIA LAWS 1984 SESSION
265
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.......................$ 6,707,204
State Funds Budgeted.......................$ 6,707,204
Total Positions Budgeted 298
3. Alto Education and Evaluation
Center Budget:
Personal Services..........................$ 1,315,244
Regular Operating Expenses.................$ 49,975
Travel................................... $ 3,400
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 17,340
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ -0-
Telecommunications.........................$ 4,490
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ -0-
Total Funds Budgeted.......................$ 1,390,449
State Funds Budgeted..................... $ 1,147,876
Total Positions Budgeted 48
4. Georgia Diagnostic and
Classification Center Budget:
Personal Services..........................$ 6,108,536
Regular Operating Expenses.................$ 251,139
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...............$ 3,000
Utilities................................ $ 634,000
Total Funds Budgeted.......................$ 7,074,775
State Funds Budgeted.......................$ 7,074,775
Total Positions Budgeted 321
266
GENERAL ACTS AND RESOLUTIONS, VOL. I
5. Georgia State Prison Budget:
Personal Services........................ $ 14,303,396
Regular Operating Expenses.................$ 664,678
Travel.........................1...........$ 25,299
Motor Vehicle Equipment
Purchases................................$ 30,000
Publications and Printing...............,..$ 4,500
Equipment Purchases..................... $ 179,943
Computer Charges................... ......$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 120,900
Per Diem, Fees and Contracts............. $ 66,100
Utilities................................ $ 1,444,000
Total Funds Budgeted..................... $ 16,838,816
State Funds Budgeted.......................$ 16,813,816
Total Positions Budgeted 872
6. Consolidated Branches Budget:
Personal Services........................ $ 9,967,403
Regular Operating Expenses.................$ 403,735
Travel.........................MMgj........$ 10,415
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..................... $ 11,670,913
State Funds Budgeted.......................$ 11,547,913
Total Positions Budgeted 515
7. Middle Georgia Correctional
Institution Budget:
Personal Services........................ $ 12,248,019
Regular Operating Expenses.................$ 435,030
Travel................................... $ 4,000
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 85,000
Computer Charges...........................$ -0-
GEORGIA LAWS 1984 SESSION
267
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........................$ 13,975,789
State Funds Budgeted........................$ 13,975,789
Total Positions Budgeted 675
8. Jack T. Rutledge Correctional
Institution Budget:
Personal Services...........................$ 3,008,276
Regular Operating Expenses..................$ 99,694
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
Per Diem, Fees and Contracts................$ -0-
Utilities..................................$ 272,500
Total Funds Budgeted....................... $ 3,398,970
State Funds Budgeted........................$ 3,398,970
Total Positions Budgeted 155
9. Central Correctional
Institution Budget:
Personal Services...........................$ 2,563,236
Regular Operating Expenses..................$ 80,965
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........................$ 2,922,011
State Funds Budgeted...................... $ 2,922,011
Total Positions Budgeted 135
268
GENERAL ACTS AND RESOLUTIONS, VOL. I
10. Metro Correctional
Institution Budget:
Personal Services..........................$ 3,368,524
Regular Operating Expenses.................$ 104,500
Travel.................................. $ 2,300
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ -0-
Equipment Purchases........................$ 3,075
Computer Charges......................... $ -0-
Real Estate Rentals........................$ 9,100
Telecommunications.......I.................$ 41,000
Per Diem, Fees and Contracts...............$ 10,000
Utilities..................................$ 324,100
Total Funds Budgeted..................... $ 3,862,599
State Funds Budgeted.......................$ 3,862,599
Total Positions Budgeted 183
11. Coastal Correctional
Institution Budget:
Personal Services........................ $ 3,246,144
Regular Operating Expenses.................$ 107,687
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.......................$ 3,724,931
State Funds Budgeted.........I.............$ 3,669,931
Total Positions Budgeted 176
12. Central Funds Budget:
Personal Services..........................$ 145,010
Regular Operating Expenses.................$ 4,798,974
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.........................$ 114,000
GEORGIA LAWS 1984 SESSION
269
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ -0-
Payments to Central State
Hospital for Utilities...................$ 100,000
Authority Lease Rentals....................$ 440,000
Capital Outlay.............................$ 750,000
Inmate Release Funds.......................$ 881,304
Total Funds Budgeted....................,..$ 7,959,763
State Funds Budgeted..................... $ 7,769,763
Total Positions Budgeted 3
13. D.O.T. Work Details Budget:
Personal Services..........................$ 600,000
Regular Operating Expenses.................$ 18,000
Travel................................... $ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ -0-
Total Funds Budgeted.......................$ 618,000
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 32
14. Food Processing and
Distribution Budget:
Personal Services..........................$ 3,206,830
Regular Operating Expenses.................$ 4,985,787
Travel.........|...........................$ 7,500
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 305,000
Computer Charges......................... $ -0-
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 10,000
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ -0-
Capital Outlay.............................$ -0-
270
GENERAL ACTS AND RESOLUTIONS, VOL. I
Payments to Central State
Hospital for Meals.......................$ 2,205,880
Payments to Central State
Hospital for Utilities...................$ 53,000
Total Funds Budgeted.......................$ 10,773,997
State Funds Budgeted.......................$ 10,143,887
Total Positions Budgeted 192
15. Farm Operations Budget:
Personal Services..........................$ 744,100
Regular Operating Expenses.................$ 3,474,822
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ 90,145
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..................... $ 4,422,767
State Funds Budgeted.......................$ 4,382,767
Total Positions Budgeted 37
16. Dodge Correctional
Institution Budget:
Personal Services........................ $ 2,230,003
Regular Operating Expenses.................$ 74,300
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.......................$ 2,590,223
State Funds Budgeted.......................$ 2,590,223
Total Positions Budgeted 136
GEORGIA LAWS 1984 SESSION
271
17. Transitional Centers Budget:
Personal Services...........................$ 2,353,040
Regular Operating Expenses..................$ 158,981
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................$ 5,800
Utilities...................................$ 275,000
Capital Outlay..............................$ -0-
Total Funds Budgeted........................$ 3,041,981
State Funds Budgeted........................$ 3,041,981
Total Positions Budgeted 119
18. Augusta Correctional and
Medical Institution Budget:
Personal Services...........................$ 4,123,246
Regular Operating Expenses................ $ 180,355
Travel......................................$ 3,000
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing..........,.......$ -0-
Equipment Purchases.........................$ -0-
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 9,300
Telecommunications..........................$ 32,000
Per Diem, Fees and Contracts................$ 1,800
Utilities...................................$ 329,000
Total Funds Budgeted........................$ 4,678,701
State Funds Budgeted........................$ 4,678,701
Total Positions Budgeted 245
19. Health Care Budget:
Personal Services...........................$ 4,910,749
Regular Operating Expenses..................$ 928,573
Travel......................................$ -0-
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ -0-
Equipment Purchases.........................$ 49,700
Computer Charges............................$ -0-
Real Estate Rentals.........................$ -0-
272
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...................$ -0-
Health Service Purchases....................$ 10,436,000
Total Funds Budgeted........................$ 16,365,502
State Funds Budgeted........................$ 16,365,502
Total Positions Budgeted 237
Budget Unit Object Classes:
Personal Services...........................$ 81,688,918
Regular Operating Expenses..................$ 17,127,446
Travel......................................$ 72,389
Motor Vehicle Equipment
Purchases................................$ 485,145
Publications and Printing...................$ 73,600
Equipment Purchases.........................$ 1,155,593
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 230,770
Telecommunications..........................$ 844,490
Per Diem, Fees and Contracts................$ 194,680
Utilities...................................$ 6,153,935
Payments to Central State
Hospital for Meals.......................$ 2,205,880
Payments to Central State
Hospital for Utilities...................$ 879,500
Payments to Jails for State
Prisoner Medical Costs............... $ -0-
Inmate Release Funds........................$ 881,304
Health Service Purchases....................$ 10,436,000
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification..................... $ 40,480
Authority Lease Rentals.....................$ 440,000
Capital Outlay..............................$ 750,000
Total Positions Budgeted 4,445
Authorized Motor Vehicles 379
GEORGIA LAWS 1984 SESSION
273
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.
Provided, that the above total funds appropri-
ated for Health Services Purchases includes pay-
ments to jails for State prisoners medical costs.
The Department is authorized to utilize up to
$1,400,000 of the Capital Outlay Interest Reserve
of the Georgia Building Authority (Penal) for pro-
jects at the Georgia State Prison and Rogers Cor-
rectional Institution Complex.
C. Budget Unit: Board of Pardons and
Paroles.............................$ 9,473,332
Board of Pardons and Paroles Budget:
Personal Services..........................$ 7,600,900
Regular Operating Expenses.................$ 294,248
Travel.....................................$ 367,650
Motor Vehicle Equipment Purchases..........$ 53,265
Publications and Printing..................$ 25,724
Equipment Purchases........................$ 219,542
Computer Charges...........................$ 20,000
Real Estate Rentals........................$ 574,473
Telecommunications....................... $ 217,730
Per Diem, Fees and Contracts...............$ 19,800
County Jail Subsidy........................$ 80,000
Total Funds Budgeted..................... $ 9,473,332
State Funds Budgeted.......................$ 9,473,332
Total Positions Budgeted 385
274
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.........................$ 7,600,900
Regular Operating Expenses................$ 294,248
Travel...................................$ 367,650
Motor Vehicle Equipment Purchases.........$ 53,265
Publications and Printing.................$ 25,724
Equipment Purchases...................... $ 219,542
Computer Charges......................... $ 20,000
Real Estate Rentals.......................$ 574,473
Telecommunications........................$ 217,730
Per Diem, Fees and Contracts..............$ 19,800
County Jail Subsidy.......................$ 80,000
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.................L.............$ 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
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
GEORGIA LAWS 1984 SESSION
275
Real Estate Rentals....................... $ 30,500
Telecommunications........................ $ 58,000
Per Diem, Fees and Contracts.......v.,:....$ 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......................... $ 19,872,878
1. Probation Operations Budget:
Personal Services..........................$ 15,638,376
Regular Operating Expenses.................$ 517,292
Travel.................................. .$ 355,000
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing ......i,........ $ 29,120
Equipment Purchases........................$ 114,126
Computer Charges......................... $ -0-
Real Estate Rentals....................... $ 338,050
Telecommunications.........................$ 222,840
Utilities..................................$ 5,650
Per Diem, Fees and Contracts...............$ 7,000
Grants for Independent
Probation Systems...................... $ 760,100
Total Funds Budgeted.......................$ 17,987,554
State Funds Budgeted.......................$ 16,128,769
Total Positions Budgeted 746
2. Diversion Centers Budget:
Personal Services......................... $ 3,456,869
Regular Operating Expenses.................$ 250,155
Travel...........MM|g.......................$ 18,350
Motor Vehicle Equipment Purchases..........$ 17,900
Publications and Printing................. $ -0-
Equipment Purchases........................$ 60,700
Computer Charges........................i;.$ -0-
Real Estate Rentals........................$ 246,895
Telecommunications.........................$ 52,000
Utilities..................................$ 224,100
Per Diem, Fees and Contracts...............$ -0-
Capital Outlay.............................$ 100,000
276
GENERAL ACTS AND RESOLUTIONS, VOL. I
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..................... $
Utilities..,.............................$
Per Diem, Fees and Contracts.............$
Capital Outlay...........................$
Grants for Independent
Probation Systems......................$
Total Positions Budgeted
Authorized Motor Vehicles
Provided, that of the above appropriation
relating to Grants for 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.
Section 34. Department of Public Safety.
Budget Unit: Department of Public
Safety.................... ....$
1. Office of Highway Safety Budget:
Personal Services................. ....$
Regular Operating Expenses..............$
Travel..................................$
Motor Vehicle Equipment Purchases.......$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
4,426,969
3,744,109
186
19,095,245
767,447
373,350
17,900
29,120
174,826
-0-
584,945
274,840
229,750
7,000
100,000
760,100
932
93
54,552,913
331,436
27,319
15,000
-0-
18,500
-0-
13,506
GEORGIA LAWS 1984 SESSION 277
Real Estate Rentals........................$ 35,203
Telecommunications....................... $ 18,000
Per Diem, Fees and Contracts...............$ 13,140
Postage....................................$ 6,000
Total Funds Budgeted.......................$ 478,104
State Funds Budgeted.......................$ 196,443
Total Positions Budgeted 10
2. Administration Budget:
Personal Services..........................$ 3,542,043
Regular Operating Expenses.................$ 1,520,920
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.......................$ 5,505,091
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 5,472,273
Total Positions Budgeted 170
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
Equipment Purchases........................$ 57,923
Computer Charges...........................$ 2,841,807
Real Estate Rentals........................$ 4,278
Telecommunications.........................$ 66,000
Per Diem, Fees and Contracts...............$ 500
Postage....................................$ 466,582
Conviction Reports.........................$ 185,000
Capital Outlay.............................$ 75,000
Driver License Processing..................$ 714,000
Total Funds Budgeted.......................$ 10,894,841
Indirect DOAS Services Funding.............$ 1,500,000
278 GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$
Total Positions Budgeted
4. Field Operations Budget:
Personal Services.........................$
Regular Operating Expenses................$
Travel....................................$
Motor Vehicle Equipment
Purchases...............................$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals..................... $
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Postage...............................
Capital Outlay............................$
Total Funds Budgeted......................$
Indirect DOAS Services Funding............$
State Funds Budgeted......................$
Total Positions Budgeted
5. Georgia Peace Officer Standards
and Training Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases...................
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications..................... $
Per Diem, Fees and Contracts.............$
Postage..................................$
Peace Officers Training Grants...........$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
6. Police Academy:
Personal Services...................... $
Regular Operating Expenses...............$
Travel................................. $
9,394,841
310
26,800,466
4,695,172
23,800
2,945,207
144.000
236,051
-0-
2,729
387,200
5,000
34,100
-0-
35.273.725
150.000
35.123.725
992
692,700
81,103
28,000
-0-
16,000
-0-
55.000
47,500
19.000
12,250
5,300
1,609,859
2,566,712
2,566,712
25
484,694
130,200
6,300
GEORGIA LAWS 1984 SESSION
279
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.........................$ 321,703
Regular Operating Expenses................$ 41,100
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
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 5,000
Equipment Purchases.......................$ 4,000
Computer Charges..........................$ 18,500
Real Estate Rentals.......................$ 3,500
Telecommunications........................$ 3,700
Per Diem, Fees and Contracts..............$ 12,000
Postage...................................$ 1,100
Total Funds Budgeted......................$ 189,769
280
GENERAL ACTS AND RESOLUTIONS, VOL. I
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......................$ -0-
Telecommunications..................... $ 3,000
Per Diem, Fees and Contracts.............$ 2,500
Postage..................................$ 500
Capital Outlay...........................$ -0-
Total Funds Budgeted................... $ 111,053
State Funds Budgeted.....................$ 111,053
Total Positions Budgeted 3
Budget Unit Object Classes:
Personal Services........................$ 38,495,060
Regular Operating Expenses...............$ 6,788,143
Travel................................. $ 205,800
GEORGIA LAWS 1984 SESSION
281
Motor Vehicle Equipment
Purchases...............................$ 2,966,147
Publications and Printing..................$ 506,000
Equipment Purchases........................$ 376,102
Computer Charges...........................$ 2,984,613
Real Estate Rentals........................$ 108,392
Telecommunications.........................$ 641,623
Per Diem, Fees and Contracts...............$ 364,771
Postage....................................$ 562,182
Conviction Reports.........................$ 185,000
Peace Officers Training Grant..............$ 1,609,859
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 $.25 per conviction
report.
Provided that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Georgia Peace Officers Stan-
dards and Training Activity of this Act, the Office
of Planning and Budget is authorized and directed
to supplant State Funds appropriated herein. Pro-
vided further that such supplantation shall not be
implemented if so doing would cause any portion
of the anticipated Federal Funds not to be realized.
This provision shall not apply to project grants.
It is the intent of this General Assembly that
for the purpose of purchasing Police Pursuit Motor
Vehicles, the Department of Public Safety is here-
282
GENERAL ACTS AND RESOLUTIONS, VOL. I
inafter authorized to develop and establish speci-
fications for said purchases of Police Pursuit Vehi-
cles when such purchases are made by the State of
Georgia, or otherwise placed a part of a State of
Georgia Contract. Provided, further, that the
development of said specifications shall be submit-
ted to the Purchasing Division of the Department
of Administrative Services by November 1 of each
year. Provided, further, the Department of
Administrative Services is hereby instructed to
complete said specifications and place to bid for
the letting of contracts by December 1 of such
fiscal year.
Section 35. Public School Employees
Retirement System.
Budget Unit: Public School Employees
Retirement System.................$ 11,986,153
Departmental Operations Budget:
Payments to Employees
Retirement System.......................$ 168,053
Employer Contributions....................$ 11,818,100
Total Funds Budgeted......................$ 11,986,153
State Funds Budgeted......................$ 11,986,153
Budget Unit Object Classes:
Payments to Employees
Retirement System.......................$ 168,053
Employer Contributions....................$ 11,818,100
Section 36. Public Service Commission.
Budget Unit: Public Service
Commission........................$ 4,432,078
1. Administration Budget:
Personal Services.........................$ 780,083
Regular Operating Expenses................$ 42,210
Travel............................... $ 5,271
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 500
Equipment Purchases..................... $ 1,600
Computer Charges........................ $ 2,500
Real Estate Rentals.......................$ 74,733
GEORGIA LAWS 1984 SESSION
283
Telecommunications........................$ 31,500
Per Diem, Fees and Contracts..............$ 5,500
Total Funds Budgeted.................... $ 943,897
State Funds Budgeted......................$ 942,897
Total Positions Budgeted 22
2. Transportation Budget:
Personal Services.........................$ 1,087,458
Regular Operating Expenses.............. $ 172,039
Travel....................................$ 36,579
Motor Vehicle Equipment Purchases.........$ 62,774
Publications and Printing.................$ 5,600
Equipment Purchases.................,....$ 4,020
Computer Charges..........................$ 72,750
Real Estate Rentals.......................$ 60,773
Telecommunications........................$ 28,480
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 1,530,473
State Funds Budgeted......................$ 1,530,473
Total Positions Budgeted 47
3. Utilities Budget:
Personal Services....................,......$ 1,427,728
Regular Operating Expenses.............. $ 47,914
Travel.................................. $ 54,288
Motor Vehicle Equipment Purchases.........$ 7,776
Publications and Printing............... $ 1,200
Equipment Purchases..................... $ 5,640
Computer Charges..........................$ 7,338
Real Estate Rentals..................... $ 76,849
Telecommunications........................$ 31,500
Per Diem, Fees and Contracts..............$ 487,000
Total Funds Budgeted......................$ 2,147,233
State Funds Budgeted......................$ 1,958,708
Total Positions Budgeted 50
Budget Unit Object Classes:
Personal Services.........................$ 3,295,269
Regular Operating Expenses................$ 262,163
Travel.................................. $ 96,138
Motor Vehicle Equipment Purchases.........$ 70,550
Publications and Printing............... $ 7,300
Equipment Purchases.......................$ 11,260
Computer Charges..........................$ 82,588
284
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals...................... $ 212,355
Telecommunications.........................$ 91,480
Per Diem, Fees and Contracts...............$ 492,500
Total Positions Budgeted 119
Authorized Motor Vehicles 26
Section 37. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions................ $ 554,428,528
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 491,147,398
Sponsored Operations......................$ 56,847,893
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 120,084,530
Sponsored Operations......................$ 60,045,157
Office of Minority
Business Enterprise.......................$ 302,030
Special Desegregation Programs..............$ 292,548
Authority Lease Rentals.....................$ 13,370,000
Capital Outlay..............................$ 6,278,557
Total Funds Budgeted........................$ 748,368,113
Less Agency Funds:
Departmental Income.........................$ 18,381,555
Sponsored Income............................$ 116,893,050
Other Funds............................... $ 145,255,569
Auxiliary Income............................$ -0-
Indirect Communication Charges..............$ 3,027,300
State Funds Budgeted........................$ 464,810,639
Total Positions Budgeted 16,871
Provided, that from appropriated funds in this
budget unit, the amount of $13,370,000 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.
GEORGIA LAWS 1984 SESSION
285
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
s*dary 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 $2,000,000 shall not be available for opera-
tions unless prior approval is granted by the Fiscal
Affairs Subcommittees of the House and Senate,
except that student fee revenue derived from
increased rates authorized by the State Board of
Regents shall not be subject to this limitation.
Provided, further, that revenue from sales and
services shall be classified as restricted funds and
286
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be available for use by the unit of the Univer-
sity System generating such income.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
Provided, the Board of Regents is authorized to
transfer other object class surpluses to Capital
Outlay and Equipment Purchases without
approval of the Office of Planning and Budget or
the Fiscal Affairs Sub-Committees.
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 716,140
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 229,010
Sponsored Operations....................$ 4,072
Total Funds Budgeted......................$ 949,222
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income..........................$ 4,072
Other Funds...............................$ 139,500
Indirect DOAS Services Funding............$ 9,800
State Funds Budgeted......................$ 795,850
Total Positions Budgeted 28
3. Skidaway Institute of
Oceanography Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 912,307
Sponsored Operations....................$ 800,000
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 535,070
Sponsored Operations....................$ 943,750
Total Funds Budgeted......................$ 3,191,127
GEORGIA LAWS 1984 SESSION
287
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 1,743,750
Other Funds......................|.........$ 409,500
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 1,037,877
Total Positions Budgeted 35
4. Marine Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 407,467
Sponsored Operations....................$ 162,487
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 185,290
Sponsored Operations.....................$ 126,263
Total Funds Budgeted...................... $ 881,507
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 288,750
Other Funds............................... $ -0-
Indirect DOAS Services Funding..............$ -0-
State Funds Budgeted........................$ 592,757
Total Positions Budgeted 19
5. Engineering Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 10,841,771
Sponsored Operations.....................$ 23,700,742
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 6,879,345
Sponsored Operations.....................$ 19,739,840
Agricultural Research.......................$ 487,705
Total Funds Budgeted........................$ 61,649,403
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 43,440,582
Other Funds............................... $ 11,731,875
Indirect DOAS Services Funding..............$ 117,600
State Funds Budgeted........................$ 6,359,346
Total Positions Budgeted 353
288
GENERAL ACTS AND RESOLUTIONS, VOL. I
6. Engineering Extension
Division Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 1,230,447
Sponsored Operations................... $ 35,000
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 686,099
Sponsored Operations.................... $ 15,000
Advanced Technology
Development Center...................;...$ 581,611
Total Funds Budgeted.....:................ $ 2,548,157
Less Agency Funds:
Departmental Income....................... $ -0-
Sponsored Income....i....................$ 50,000
Other Funds............................ $ 1,288,164
Indirect DOAS Services Funding.............$ 12,200
State Funds Budgeted........I..............$ 1,197,793
Total Positions Budgeted 52
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 21,668,046
Sponsored Operations.....................$ 4,927,000
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 7,589,624
Sponsored Operations.....................$ 3,673,000
Total Funds Budgeted......................$ 37,857,670
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 8,600,000
Other Funds................................$ 6,839,745
Indirect DOAS Services Funding.............$ 95,900
State Funds Budgeted.......................$ 22,322,025
Total Positions Budgeted 861
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 24,772,546
Sponsored Operations.....................$ 4,590,000
GEORGIA LAWS 1984 SESSION
289
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 3,295,629
Sponsored Operations.....................$ 2,010,000
Total Funds Budgeted.......................$ 34,668,175
Less Agency Funds:
Departmental Income...................... $ -0-
Sponsored Income...........................$ 6,600,000
Other Funds................................$ 5,460,000
Indirect DOAS Services Funding.............$ 126,700
State Funds Budgeted.......................$ 22,481,475
Total Positions Budgeted 962
9. Eugene Talmadge Memorial
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 56,352,798
Sponsored Operations.....................$ 2,819,815
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 23,616,746
Sponsored Operations.....................$ 670,000
Capital Outlay - ETMH
Renovations............................$ 1,278,928
Total Funds Budgeted.......................$ 84,738,287
Less Agency Funds:
Departmental Income........................$ 1,364,700
Sponsored Income...........................$ 3,489,815
Other Funds................................$ 50,116,291
Board of Corrections.......................$ 1,548,498
Indirect DOAS Services Funding.............$ 193,500
State Funds Budgeted.......................$ 28,025,483
Total Positions Budgeted 3,091
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 1,050,654
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 402,498
Sponsored Operations.....................$ -0-
Agricultural Research......................$ 339,300
Fire Ant Research..........................$ 150,000
Total Funds Budgeted.......................$ 1,942,452
290 GENERAL ACTS AND RESOLUTIONS, VOL. I
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income........................ $ -0-
Other Funds............................. $ -0-
Indirect DOAS Services Funding............$ -0-
State Funds Budgeted......................$ 1,942,452
Total Positions Budgeted 61
11. Veterinary Medicine Teaching
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 781,169
Sponsored Operations.................. $ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 972,000
Sponsored Operations.................. $ -0-
Total Funds Budgeted.................... $ 1,753,169
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income...................... $ -0-
Other Funds............................. $ 1,355,178
Indirect DOAS Services Funding............$ -0-
State Funds Budgeted......................$ 397,991
Total Positions Budgeted 54
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 133,499
Operating Expenses:
Educ., Gen., and Dept. Svcs........... $ 94,634
Capitation Contracts for
Family Practice Residency...............$ 1,948,000
Residency Capitation Grants...............$ 1,785,000
New Program Development Contracts
for Family Practice Residency...........$ 150,000
Student Preceptorships....................$ 185,000
Total Funds Budgeted.................... $ 4,296,133
State Funds Budgeted......................$ 4,296,133
Total Positions Budgeted 4
Provided, that of the above appropriation,
$185,000 is designated and committed for con-
GEORGIA LAWS 1984 SESSION
291
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 $500.
Provided, that of the funds appropriated for
Capitation Grants for Family Practice, it is per-
missible that any funds not committed to existing
programs or otherwise designated may be used to
begin a Family Practice Program at Emory Uni-
versity School of Medicine.
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 681,887
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs........... $ 307,041
Sponsored Operations.............. ....$ -0-
Total Funds Budgeted......................$ 988,928
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income..........................$ -0-
Other Funds........................... $ 820,221
Indirect DO AS Services Funding...........$ -0-
State Funds Budgeted......................$ 168,707
Total Positions Budgeted 32
Budget Unit Object Classes:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 610,696,129
Sponsored Operations....................$ 93,882,937
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 164,877,516
Sponsored Operations....................$ 87,227,082
Office of Minority
Business Enterprise.....................$ 302,030
Special Desegregation Programs............$ 292,548
Fire Ant Research....................... $ 150,000
Agricultural Research.....................$ 827,005
Advanced Technology
Development Center......................$ 581,611
292
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capitation Contracts for
Family Practice Residency.................$ 1,948,000
New Program Development
Contracts for Family
Practice Residency........................$ 150,000
Residency Capitation Grants.................$ 1,785,000
Student Preceptorships..........I..........$ 185,000
Authority Lease Rentals.....................$ 13,370,000
Capital Outlay - ETMH
Renovations.......................u......$ 1,278,928
Capital Outlay............................ $ 6,278,557
Total Positions Budgeted 22,423
The object class Teachers Retirement has been
included in the object class Personal Services in
this budget unit.
B. Budget Unit: Regents Central Office...........$ 17,504,721
Regents Central Office Budget:
Personal Services.......................... $ 3,227,215
Operating Expenses....................I....$ 609,139
SREB Payments...............................$ 5,667,400
Medical Scholarships........................$ 547,500
Regents Opportunity Grants................$ 500,000
Regents Scholarships........................$ 200,000
Grants to Junior Colleges.......I..........$ 6,563,467
Rental Payments to Georgia
Military College..........................$ 190,000
Total Funds Budgeted........................$ 17,504,721
State Funds Budgeted........................$ 17,504,721
Total Positions Budgeted 100
Budget Unit Object Classes:
Personal Services...........................$ 3,227,215
Operating Expenses..........................$ 609,139
SREB Payments........................... $ 5,667,400
Medical Scholarships...................... $ 547,500
Regents Opportunity Grants................$ 500,000
Regents Scholarships........................$ 200,000
Grants to Junior Colleges...................$ 6,563,467
GEORGIA LAWS 1984 SESSION
293
Rental Payments to Georgia
Military College.........................$ 190,000
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 $772 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
The object class Teachers Retirement has been
included in the object class Personal Services in
this budget unit.
C. Budget Unit: Georgia Public
Telecommunications
Commission.........................$ 3,878,941
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 3,080,162
Sponsored Operations....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 2,756,558
Sponsored Operations....................$ -0-
Total Funds Budgeted..................... $ 5,836,720
Less Agency Funds:
Departmental Income.......................$ -0-
Sponsored Income..........................$ -0-
Other Funds...............................$ 1,957,779
Indirect DOAS Services Funding............$ -0-
State Funds Budgeted......................$ 3,878,941
Total Positions Budgeted 137
Budget Unit Object Classes:
Personal Services.........................$ 3,080,162
Operating Expenses...................... $ 2,756,558
Total Positions Budgeted 137
Authorized Motor Vehicles 14
294
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 38. Department of Revenue.
Budget Unit: Department of Revenue.............$ 37,968,916
1. Departmental Administration
Budget:
Personal Services..........................$ 1,072,256
County Tax Officials/Retirement
and FICA.................................$ 979,118
Regular Operating Expenses.................$ 168,563
Travel................................... $ 16,000
Motor Vehicle Equipment Purchases..........$ 9,290
Publications and Printing..................$ 12,600
Equipment Purchases........................$ 11,796
Computer Charges....................... $ 9,000
Real Estate Rentals..................I.......$ -0-
Telecommunications.........................$ 23,777
Per Diem, Fees and Contracts...............$ 3,000
Postage.................................. $ 150
Total Funds Budgeted.......................$ 2,305,550
Indirect Georgia Building
Authority Rents..........................$ -0-
State Funds Budgeted.......................$ 2,285,550
Total Positions Budgeted 32
2. Motor Vehicle Administration
Budget:
Personal Services..........................$ 5,296,782
Regular Operating Expenses.................$ 481,450
Travel..............................;i.......$ 1,500
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 315,000
Equipment Purchases........................$ 37,947
Computer Charges...........................$ 2,738,542
Real Estate Rentals...................... $ -0-
Telecommunications..................... $ 95,459
Per Diem, Fees and Contracts...............$ 157,258
Motor Vehicle Tag Purchases................$ 760,000
Motor Vehicle Decal Purchases..............$ 311,400
Postage.................................. $ -0-
Total Funds Budgeted.......................$ 10,195,338
Indirect DO AS Services Funding............$ 1,689,168
State Funds Budgeted.......................$ 8,506,170
Total Positions Budgeted 243
GEORGIA LAWS 1984 SESSION
295
Provided, that of the above appropriated
amount relating to motor vehicle tag purchases,
$760,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
760,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production.
3. Property Tax Budget:
Personal Services..........................$ 1,282,859
Regular Operating Expenses.................$ 64,770
Travel.....................................$ 79,000
Motor Vehicle Equipment Purchases..........$ 23,100
Publications and Printing..................$ 151,000
Equipment Purchases........................$ 3,775
Computer Charges...........................$ 289,847
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.......................$ 3,502,714
Repayment of Loans to
Counties/Property Revaluation............$ -0-
Indirect DO AS Services Funding............$ -0-
State Funds Budgeted...................... $ 3,502,714
Total Positions Budgeted 57
4. Sales Taxation Budget:
Personal Services..........................$ 1,569,787
Regular Operating Expenses.................$ 20,550
Travel.....................................$ 1,400
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
296
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ -0-
Postage.................................. $ 100,500
Total Funds Budgeted.......................$ 2,308,832
Indirect DOAS Services Funding.............$ 350,600
State Funds Budgeted.......................$ 1,958,232
Total Positions Budgeted 83
5. Motor Fuel Taxation Budget:
Personal Services..........................$ 741,230
Regular Operating Expenses.................$ 5,450
Travel................................... $ 1,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 49,524
Equipment Purchases........................$ 1,514
Computer Charges...........................$ 263,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 14,793
Per Diem, Fees and Contracts...............$ -0-
Postage................................ $ -0-
Total Funds Budgeted..................... $ 1,076,511
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 1,076,511
Total Positions Budgeted 36
6. Income Taxation Budget:
Personal Services..........................$ 2,813,050
Regular Operating Expenses.................$ 50,700
Travel.....................................$ 3,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 397,000
Equipment Purchases...................... $ 10,170
Computer Charges......................... $ 2,535,469
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 44,249
Per Diem, Fees and Contracts...............$ -0-
Postage..................................;.$ 388,354
Total Funds Budgeted.......................$ 6,241,992
Indirect DOAS Services Funding.............$ 1,715,232
State Funds Budgeted.......................$ 4,526,760
Total Positions Budgeted 128
7. Central Audit Budget:
Personal Services..........................$ 2,536,610
Regular Operating Expenses.................$ 16,040
GEORGIA LAWS 1984 SESSION
297
Travel................................... $ 538,000
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.......................$ 3,122,379
State Funds Budgeted.......................$ 3,122,379
Total Positions Budgeted 80
8. Field Audit Services Budget:
Personal Services..........................$ 7,023,128
Regular Operating Expenses.................$ 203,240
Travel.....................................$ 272,300
Motor Vehicle Equipment Purchases..........$ 56,140
Publications and Printing..................$ 47,200
Equipment Purchases........................$ 21,000
Computer Charges......................... $ 130,825
Real Estate Rentals........................$ 326,098
Telecommunications.........................$ 217,096
Per Diem, Fees and Contracts...............$ -0-
Postage................................ $ 68,034
Total Funds Budgeted..................... $ 8,365,061
Indirect DOAS Services Funding.............$ 90,000
State Funds Budgeted.......................$ 8,275,061
Total Positions Budgeted 304
9. Internal Administration Budget:
Personal Services..........................$ 1,464,336
Regular Operating Expenses.................$ 184,770
Travel.....................................$ 800
Motor Vehicle Equipment Purchases..........$ 23,670
Publications and Printing..................$ 360,000
Equipment Purchases........................$ 56,438
Computer Charges...........................$ 144,000
Real Estate Rentals........................$ 998,828
Telecommunications.........................$ 14,700
Per Diem, Fees and Contracts...............$ 33,773
Postage....................................$ 1,434,224
Total Funds Budgeted.......................$ 4,715,539
298
GENERAL ACTS AND RESOLUTIONS, VOL. I
Indirect Georgia Building
Authority Rents....,.............................. -0-
State Funds Budgeted...................... $ 4,715,539
Total Positions Budgeted 70
Budget Unit Object Classes:
Personal Services.......................... $ 23,800,038
County Tax Officials/Retirement
and FICA..................................$ 979,118
Regular Operating Expenses..................$ 1,195,533
Travel..................................... $ 913,000
Motor Vehicle Equipment
Purchases...............................$ 112,200
Publications and Printing...................$ 1,410,994
Equipment Purchases.........................$ 151,852
Computer Charges............................$ 6,620,683
Real Estate Rentals.........................$ 1,324,926
Telecommunications..........................$ 480,004
Per Diem, Fees and Contracts................$ 340,531
Loans to Counties/Property
Reevaluation............................ $ -0-
Grants to Counties/Appraisal
Staff.........|..........................$ 1,430,000
Motor Vehicle Tag Purchases.................$ 760,000
Motor Vehicle Decal Purchases...............$ 311,400
Postage.....................ii.C.........2,003,637
Total Positions Budgeted 1,033
Authorized Motor Vehicles 60
Section 39. Secretary of State.
A. Budget Unit: Secretary of State..............$ 12,683,347
1. Internal Administration Budget:
Personal Services......................... $ 992,534
Regular Operating Expenses..................$ 84,791
Travel............................. .......$ 4,824
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 144,663
Equipment Purchases........................ $ 4,575
Computer Charges.........,....iV.......I.$ 8,991
Real Estate Rentals............................. 122,227
Telecommunications......................$ 33,554
Per Diem, Fees and Contracts................$ 225
Postage............................... $ 36,839
GEORGIA LAWS 1984 SESSION
299
Total Funds Budgeted..............;.........$ 1,433,223
State Funds Budgeted..................I......$ 1,433,223
Total Positions Budgeted 41
2. Archives and Records Budget:
Personal Services...........................$ 2,105,811
Regular Operating Expenses..................$ . 237,372
Travel....................,...........,.....$ 23,992
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing................. $ 15,650
Equipment Purchases.........................$ 54,200
Computer Charges............................$ -0-
Real Estate Rentals....................... $ 32,103
Telecommunications......................... $ 50,203
Per Diem, Fees and Contracts................$ 2,000
Postage............................ .....$ 20,439
Authority Lease Rentals.....................$ 276,000
Total Funds Budgeted........................$ 2,817,770
State Funds Budgeted........................$ 2,777,770
Total Positions Budgeted 93
3. Corporations Regulation Budget:
Personal Services...........................$ 856,898
Regular Operating Expenses..................$ 58,903
Travel................................ $ 6,498
Motor Vehicle Equipment Purchases...........$ 7,200
Publications and Printing...................$ 15,839
Equipment Purchases........................ $ 43,028
Computer Charges............................$ 67,417
Real Estate Rentals.........................$ 153,389
Telecommunications......................*...$ 55,911
Per Diem, Fees and Contracts................$ 15,000
Postage............................ .....$ 41,212
Total Funds Budgeted...................... $ 1,321,295
State Funds Budgeted....................... $ 1,321,295
Total Positions Budgeted 47
4. Elections and Campaign
Disclosure Budget:
Personal Services......................... $ 348,431
Regular Operating Expenses..................$ 30,752
Travel..........................I...........$ 415
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 13,810
300
GENERAL ACTS AND RESOLUTIONS, VOL. I
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 9,936
Per Diem, Fees and Contracts..............$ 75,350
Postage...................................$ 4,510
Election Expenses........................ $ 470,000
Total Funds Budgeted......................$ 953,204
State Funds Budgeted......................$ 953,204
Total Positions Budgeted 14
5. Securities Regulation Budget:
Personal Services.........................$ 549,059
Regular Operating Expenses................$ 34,854
Travel...................................$ 4,110
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases.......................$ 1,700
Computer Charges..........................$ 10,000
Real Estate Rentals.......................$ 101,122
Telecommunications........................$ 13,335
Per Diem, Fees and Contracts..............$ 2,100
Postage...................................$ 400
Total Funds Budgeted......................$ 718,680
State Funds Budgeted......................$ 718,680
Total Positions Budgeted 19
6. Drugs and Narcotics Budget:
Personal Services.........................$ 468,859
Regular Operating Expenses................$ 41,440
Travel....................................$ 23,150
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......................$ 558,758
State Funds Budgeted......................$ 558,758
Total Positions Budgeted 15
GEORGIA LAWS 1984 SESSION
301
7. State Campaign and Financial
Disclosure Commission Budget:
Personal Services.........................$ 86,177
Regular Operating Expenses................$ 3,643
Travel....................................$ 1,180
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 3,057
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 11,025
Telecommunications........................$ 2,699
Per Diem, Fees and Contracts..............$ 3,860
Postage................................. $ 2,000
Total Funds Budgeted......................$ 113,641
State Funds Budgeted......................$ 113,641
Total Positions Budgeted 3
8. Occupational Certification Budget:
Personal Services.........................$ 2,924,026
Regular Operating Expenses................$ 794,587
Travel................................... $ 75,242
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 75,000
Equipment Purchases.......................$ 16,023
Computer Charges........................ $ 92,294
Real Estate Rentals.......................$ 237,774
Telecommunications........................$ 98,022
Per Diem, Fees and Contracts..............$ 353,808
Postage...................................$ 140,000
Total Funds Budgeted......................$ 4,806,776
State Funds Budgeted......................$ 4,806,776
Total Positions Budgeted 130
Occupational Certification Functional Budgets
Board Cost of
Costs Operations
Accounting
Architect
$ 126,327 $ 250,674
$ 61,584 $ 128,472
302
GENERAL ACTS AND RESOLUTIONS, VOL. I
Athletic Trainers
Auctioneers
Barbers
Chiropractic
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
Pharmacy
$ 174 $
$ 3,209 $
$ 6,055 $
$ 7,869 $
$ 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 $
58,769 $
1,335
42,210
177,894
52,253
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
320,993
GEORGIA LAWS 1984 SESSION
Physical Therapy
Podiatry
Polygraph Examiners
Practical Nursing
Private Detective
Psychologists
Recreation
Sanitarian
Speech Pathology
Used Car Dealers
Used Car Parts
Veterinary
Wastewater
Well Water
5,219 $
1,649 $
1,235 3
$ 80,535 3
$ 20,322 3
9,585 3
1,789 3
4,264 3
1,839 3
8,083 3
3,263 3
17,966 3
5,044 3
3,770 3
Budget Unit Object Classes:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Election Expenses........................$
Postage..................................$
303
14,741
16,790
12,715
411,896
209,274
37,542
18,726
18,490
15,071
168,069
20,537
66,442
46,914
23,098
8,331,795
1,286,342
139,411
7,200
270,719
120,326
178,702
668,404
272,460
454,088
470,000
247,900
304
GENERAL ACTS AND RESOLUTIONS, VOL. I
Authority Lease Rentals................$ 276,000
Total Positions Budgeted 362
Authorized Motor Vehicles 72
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 .... $ 904,684
Real Estate Commission Budget:
Personal Services...................... $ 550,322
Regular Operating Expenses............. $ 93,291
Travel................................. $ 12,000
Motor Vehicle Equipment Purchases ..... $ -0-
Publications and Printing.............. $ 25,000
Equipment Purchases.................... $ 5,000
Computer Charges....................... $ 93,531
Real Estate Rentals.................... $ 33,600
Telecommunications..................... $ 17,400
Per Diem, Fees and Contracts........... $ 74,540
Total Funds Budgeted................... $ 904,684
State Funds Budgeted .................. $ 904,684
Total Positions Budgeted 27
Real Estate Commission Functional Budget
Cost of
State Funds Operations Pos.
Real Estate Commission $ 904,684 $ 945,634 27
Budget Unit Object Classes:
Personal Services......................$ 550,322
Regular Operating Expenses.............$ 93,291
Travel.................................$ 12,000
Motor Vehicle Equipment Purchases......$ -0-
Publications and Printing..............$ 25,000
Equipment Purchases....................$ 5,000
GEORGIA LAWS 1984 SESSION
305
Computer Charges..........................$ 93,531
Real Estate Rentals.......................$ 33,600
Telecommunications........................$ 17,400
Per Diem, Fees and Contracts..............$ 74,540
Total Positions Budgeted 27
Authorized Motor Vehicles 11
Section 40. Georgia Student Finance Commission.
Budget Unit: Georgia Student
Finance Commission...............$ 15,889,720
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...............$ 3,200,000
Tuition Equalization Grants................$ 10,695,000
Student Incentive Grants...................$ 3,640,505
North Georgia College
ROTC Grants..............................$ 137,500
Law Enforcement Personnel
Dependents Grants..................... $ 37,000
Osteopathic Medical Loans..................$ 54,000
306
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Military Scholarship
Grants...................................$ 64,000
Total Funds Budgeted........................$ 17,828,005
State Funds Budgeted........................$ 15,636,720
Total Positions Budgeted 0
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................$ 3,200,000
Tuition Equalization Grants.................$ 10,695,000
Student Incentive Grants................. ..$ 3,640,505
Law Enforcement Personnel
Dependents Grants.......................$ 37,000
North Georgia College
ROTC Grants.......................... $ 137,500
Osteopathic Medical Loans...................$ 54,000
Georgia Military Scholarship
Grants............................... $ 64,000
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 Helds 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
GEORGIA LAWS 1984 SESSION
307
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
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 $700 per academic year,
and for payment of grants for the summer school
quarter or semester, to undergraduate students
attending colleges as provided for in Code Sections
20-3-410 through 20-3-416.
Provided, that the above appropriated amount
relative to North Georgia College ROTC Grants
provides for payment of grants to eligible students
as provided for in Code Sections 20-3-430 through
20-3-436.
308
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided, that the above appropriated amount
relative to Law Enforcement Personnel Depen-
dents Grants provides for payment of grants to
eligible students as provided for in Code Sections
20-3-450 through 20-3-455.
Provided, that the above appropriated amount
relative to North Georgia College Military Scholar-
ships provides for payment of scholarships to
select recipients as provided for in Code Sections
20-3-420 through 20-3-437.
Provided, that the above appropriated amount
relative to Payment of Interest and Fees is desig-
nated and committed for the purpose of enabling
the Georgia Higher Education Assistance Corpora-
tion to make state interest subsidy payments to
lenders as provided for in Code Section 20-3-273,
and loan discount fee payments to lenders as pro-
vided for in Code Section 20-3-274.
Provided, that from any of the above appropri-
ated amounts any available funds may be utilized
by the Georgia Higher Education Assistance Cor-
poration for the purpose of making timely pay-
ments of interest and special allowances to lenders
as provided for in Code Section 20-3-272 and Code
Section 20-3-319.
Provided, however, the Department is autho-
rized and directed to provide 29 more Tuition
Equalization Grants than were authorized in
S.F.Y. 1984 Budget Report.
Section 41. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 854,143
1. Soil and Water Conservation
Central Office Budget:
Personal Services........................$ 434,877
Regular Operating Expenses...............$ 39,444
Travel...................................$ 43,000
GEORGIA LAWS 1984 SESSION
309
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 12,369
Equipment Purchases.......................$ 4,150
Computer Charges..........................$ -0-
Real Estate Rentals...;:...;..............$ 21,485
Telecommunications........................$ 11,000
Per Diem, Fees and Contracts..............$ 122,785
Total Funds Budgeted......................$ 689,110
State Funds Budgeted.................... $ 689,110
Total Positions Budgeted 12
2. Soil and Water Conservation
Dam Safety Budget:
Personal Services....................... $ 129,722
Regular Operating Expenses................$ 13,070
Travel...............................i....$ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 400
Equipment Purchases.......................$ 500
Computer Charges........................ $ 4,500
Real Estate Rentals.......................$ 4,141
Telecommunications........................$ 3,200
Per Diem, Fees and Contracts..............$ 1,500
Total Funds Budgeted......................$ 165,033
State Funds Budgeted......................$ 165,033
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services.........................$ 564,599
Regular Operating Expenses................$ 52,514
Travel.................................. $ 51,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 12,769
Equipment Purchases.......................$ 4,650
Computer Charges..........................$ 4,500
Real Estate Rentals.......................$ 25,626
Telecommunications........................$ 14,200
Per Diem, Fees and Contracts..............$ 124,285
Total Positions Budgeted 17
Authorized Motor Vehicles 3
310
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 42. Teachers Retirement System.
Budget Unit: Teachers Retirement
System........................... $ 2,289,000
Departmental Operations Budget:
Personal Services..........................$ 1,639,478
Regular Operating Expenses.................$ 75,002
Travel.....................................$ 21,600
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 48,825
Equipment Purchases........................$ 12,600
Computer Charges...........................$ 443,089
Real Estate Rentals........................$ 111,000
Telecommunications.........................$ 53,485
Per Diem, Fees and Contracts...............$ 266,000
Postage....................................$ 80,000
Cost of Living Increases for
Local Retirement System
Members................................ $ 1,015,000
Floor Fund for Local
Retirement Systems.......................$ 1,274,000
Total Funds Budgeted.......................$ 5,040,079
State Funds Budgeted.......................$ 2,289,000
Total Positions Budgeted 65
Budget Unit Object Classes:
Personal Services.........................$ 1,639,478
Regular Operating Expenses.................$ 75,002
Travel................................... $ 21,600
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 48,825
Equipment Purchases...................... $ 12,600
Computer Charges...........................$ 443,089
Real Estate Rentals........................$ 111,000
Telecommunications....................... $ 53,485
Per Diem, Fees and Contracts...............$ 266,000
Postage....................................$ 80,000
Cost of Living Increases for
Local Retirement System Members..........$ 1,015,000
Floor Fund for Local
Retirement Systems.......................$ 1,274,000
Total Positions Budgeted 65
Authorized Motor Vehicles 1
GEORGIA LAWS 1984 SESSION
311
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.........................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
2. Maintenance and Betterments
Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel................................. $
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Capital Outlay...........................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
3. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases........$
Equipment Purchases......................$
Capital Outlay...........................$
407,927,827
70,476,943
4,904,656
1,128,888
-0-
258,201
58,233
-0-
28,295
1,011,196
6,862,995
446,836,614
301,558
531,867,579
180,621,361
3,006
61,668,922
39,779,079
366,773
-0-
17,509
-0-
-0-
5,400
158,747
1,029,175
59,683,001
162,708,606
159,511,824
3,564
1,000,000
2,163,420
131,200
312
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted.................... $ 3,294,620
State Funds Budgeted........................$ 3,194,620
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......................... $ 9,231,651
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........................$ 41,398,740
State Funds Budgeted........................$ 40,966,740
Total Positions Budgeted 338
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
GEORGIA LAWS 1984 SESSION
313
State as being the appropriation payable in lieu of
the amount appropriated herein.
Provided, however, that objects for Activities
financed by Motor Fuel Tax including Planning
and Construction, Maintenance and Betterments,
Authority Lease Rentals, General Obligation Debt
Sinking Fund Payments, Administration, and
Grants to Counties, may be adjusted for any addi-
tional appropriations and/or balances appropri-
ated and brought forward from previous years as
requested by the Department of Transportation
and approved by the Office of Planning and
Budget.
For general administrative cost of operating the
Department of Transportation, including equip-
ment and compensation claims.
For State matching participation in costs of
construction, reconstruction, improvement in
highways, and highway planning, in cooperation
with the Federal Government, including all cost
items incident thereto. For the cost of road and
bridge construction and surveys, maintenance and
improving the State Highway System of roads and
bridges, and the costs incident thereto provided all
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
314
GENERAL ACTS AND RESOLUTIONS, VOL. I
the Department of Administrative Services and
constitutionally appropriated to the Department
of Transportation.
For lease rental obligations of the Department
of Transportation to the Georgia Highway 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.
GEORGIA LAWS 1984 SESSION
315
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..........nwuripf..........
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...........I.........
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
301,558
750.000
500.000
9,317,000
9,317,000
9,317,000
316
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the Department of Administrative Services. At
the request of the Governor or the Office of Plan-
ning and Budget or the Director of the Department
of Transportation, the State Auditor shall cause an
audit to be made of any municipality to determine
the use of such funds. The expense of such audit
shall be deducted from funds granted to such
municipality in any future year.
Provided, further, that the above sums shall be
distributed and disbursed to the various munici-
palities on a quarterly basis, such payments to be
made on the last day of each quarter.
7. Air Transportation Budget:
Personal Services.........................$ 499,165
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......................$ 1,392,988
State Funds Budgeted......................$ 1,008,615
Total Positions Budgeted 16
8. Inter-Modal Transfer Facilities
Budget:
Personal Services....................... $ 680,935
Regular Operating Expenses................$ 45,657
Travel....................................$ 13,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 22,000
Equipment Purchases.......................$ 400
Computer Charges............Mkhi,.........$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 20,718
Per Diem, Fees and Contracts..............$ 673,889
GEORGIA LAWS 1984 SESSION
317
Capital Outlay - Airport
Development.............................$ 700,000
Capital Outlay - Airport
Operational Improvements................$ 1,000,000
Capital Outlay - Airport
Approach Aid.......................... $ 100,000
Mass Transit Grants...................... $ 4,866,296
Total Funds Budgeted.......................$ 8,123,395
State Funds Budgeted.......................$ 3,436,824
Total Positions Budgeted 22
9. Harbor Maintenance Budget:
Harbor Maintenance Payments................$ 553,830
Spoilage Area Acquisition
Clearing and Preparation................$ 3,600,000
Total Funds Budgeted.......................$ 4,153,830
State Funds Budgeted.......................$ 553,830
Budget Unit Object Classes:
Personal Services..........................$ 142,557,616
Regular Operating Expenses.................$ 46,202,389
Travel.....................................$ 1,615,161
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...............$ 8,812,533
Capital Outlay...........4................$ 506,650,815
Mass Transit Grants........................$ 4,866,296
Grants to Municipalities...................$ 9,317,000
Harbor Maintenance Payments................$ 553,830
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
318
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Airport
Approach Aid.......................... $ 100,000
Geodetic Control..........................$ 301,558
Spoilage Area Acquisition
Clearing and Preparation................$ 3,600,000
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 Transporta-
tion 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 Transporta-
tion is authorized to utilize State Airport Develop-
ment 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 matching
Local Funds only with no Federal Fund participa-
tion. 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 $553,830 of the above allocation
for harbor maintenance payments is designated
and committed for payment for harbor mainte-
nance and improvements at Savannah.
Provided, further, that the Department of
Transportation is authorized and directed to
transfer to Personal Services from other object
classes such funds as are required to fund the
increased Personal Services costs contemplated in
this Act, subject only to approval by the Office of
Planning and Budget.
GEORGIA LAWS 1984 SESSION
319
Provided that the Department of Transporta-
tion is authorized to retain its Bus Rental Income
to operate, maintain, and upgrade the department-
owned buses.
Section 44. Department of Veterans Service.
Budget Unit: Department of Veterans
Service...........................$ 12,532,108
1. Veterans Assistance Budget:
Personal Services.........................$ 3,158,904
Regular Operating Expenses................$ 65,486
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..............$ 8,000
Postage.................;.................$ 32,200
Total Funds Budgeted......................$ 3,614,358
State Funds Budgeted......................$ 3,367,829
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............................$ 34,185
Operating Expenses/Payments to
Central State Hospital..................$ 7,859,843
Total Funds Budgeted......................$ 7,921,893
State Funds Budgeted......................$ 6,505,688
3. Veterans Nursing Home -
Augusta Budget:
Capital Outlay............................$ -0-
Equipment Purchases.......................$ 11,960
Regular Operating Expenses
for Projects...............................$ -0-
320
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operating Expense/Payments to
Medical College of Georgia.............$ 3,515,011
Total Funds Budgeted.........................3,526,971
State Funds Budgeted.....................$ 2,658,591
Budget Unit Object Classes:
Personal Services........................$ 3,158,904
Regular Operating Expenses...............$ 65,486
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.............$ 8,000
Capital Outlay........................ $ -0-
Postage..................................$ 32,200
Operating Expense/Payments to
Central State Hospital.................$ 7,859,843
Operating Expense/Payments to
Medical College of Georgia.............$ 3,515,011
Regular Operating Expenses
for Projects..................... ..$ 34,185
Total Positions Budgeted 142
Authorized Motor Vehicles 1
Section 45. Workers Compensation Board.
Budget Unit: Workers Compensation
Board........................... $ 4,622,840
1. Workers Compensation
Administration Budget:
Personal Services........................$ 3,266,580
Regular Operating Expenses...............$ 85,784
Travel...................................$ 37,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing........... ...$ 34,000
Equipment Purchases......................$ 10,000
Computer Charges.........................$ 225,420
Real Estate Rentals......................$ 383,596
Telecommunications...i...................$ 71,875
Per Diem, Fees and Contracts.............$ 35,716
Postage..................................$ 61,900
GEORGIA LAWS 1984 SESSION
321
Total Funds Budgeted.......................$ 4,211,871
State Funds Budgeted.......................$ 4,196,871
Total Positions Budgeted 129
2. Vocational Rehabilitation Budget:
Personal Services........................ $ 347,693
Regular Operating Expenses.................$ 8,830
Travel.....................................$ 10,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing................ $ 2,000
Equipment Purchases.......................$ 350
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 29,896
Telecommunications........................$ 8,200
Per Diem, Fees and Contracts...............$ 12,500
Postage.................................. $ 6,500
Total Funds Budgeted.......................$ 425,969
State Funds Budgeted........|.............$ 425,969
Total Positions Budgeted 15
Budget Unit Object Classes:
Personal Services..........................$ 3,614,273
Regular Operating Expenses.................$ 94,614
Travel.....,....|...a.....................$ 47,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 36,000
Equipment Purchases........................$ 10,350
Computer Charges...........................$ 225,420
Real Estate Rentals...,....................$ 413,492
Telecommunications.........................$ 80,075
Per Diem, Fees and Contracts...............$ 48,216
Postage................................ $ 68,400
Total Positions Budgeted 144
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)..............$ 133,446,997
322
GENERAL ACTS AND RESOLUTIONS, VOL. I
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, $2,769,348 is specifically
appropriated for the purpose of financing the reno-
vation, construction, reconstruction and equipping
of buildings and facilities under the control of the
State Board of Regents of the University System
through the issuance of not more than $11,300,000
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, $367,605 is specifically
appropriated for the purpose of constructing and
equipping a Regional Youth Development Center
in Evans County, Georgia, 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, $1,225,350 is specifically
appropriated for the purpose of financing the con-
struction, reconstruction and equipping at the
Georgia State Prison and Rogers Correctional
Institution Complex in Tattnall County, Georgia
through the issuance of not more than $5,000,000
in principal amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $2,695,770 is specifically
appropriated for the purpose of constructing,
reconstructing, renovating and equipping of facili-
ties at Southwestern State Hospital in Thomas
County, Georgia through the issuance of not more
than $11,000,000 in principal amount of General
Obligation Debt.
8,553,000
GEORGIA LAWS 1984 SESSION
323
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $882,252 is specifically
appropriated for the purpose of financing resurfac-
ing and rehabilitation of the city and county road
systems through the issuance of not more than
$3,600,000 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, $612,675 is specifically
appropriated for the purpose of financing the con-
struction and equipping of a Regional Youth
Development Center in DeKalb County, Georgia,
through the issuance of not more than $2,500,000
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 $2,800,000 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 Department
of Human Resources. Provided, further, the Office
of Planning and Budget is hereby authorized to
transfer funds from this section to the appropriate
departmental budgets on a quarterly basis in
amounts equal to those of departmental remit-
tances to the Fiscal Division of the Department of
Administrative Services from agency fund collec-
tions.
Section 48. 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
324
GENERAL ACTS AND RESOLUTIONS, VOL. I
the purpose of paying principal, interest and trust-
ees fees, or for transfer to another sinking fund.
Section 49. It is the intent of this General
Assembly that each and every agency, board, com-
mission and authority receiving appropriations in
this Act shall develop and enforce stringent regula-
tions relating to the use of motor vehicles owned,
leased or rented by the State, including provisions
that employees authorized to utilize State vehicles
for commuting to and from work shall not use such
vehicles except for official State business.
Provided, further, it is the intent of this Gen-
eral Assembly that each State agency utilizing
xerographic reproducing equipment maintain a log
for each unit of equipment indicating the date,
number of copies and such other data determined
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 50. 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.
GEORGIA LAWS 1984 SESSION
325
It is the further intent of this General Assembly
that the Office of Planning and Budget utilize its
budgetary and fiscal authority so as to accomplish
the above-stated intent to the greatest degree fea-
sible; and that at the end of this fiscal year, said
Office of Planning and Budget provide written
notice to the members of the Appropriations Com-
mittees of the Senate and House of Representa-
tives of the instances of noncompliance with the
stated intent of this Section.
Section 51. It is the intent of this General
Assembly that each agency for which an appropria-
tion is authorized herein shall maintain financial
records in such a fashion as to enable the State
Auditor to readily determine by Object Class the
expenditures of each activity contained in this
Appropriations Act.
Section 52. 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 53. No State appropriations autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
jction 54. Provided further that nojstate
funds mthia^ppropriation shall bejjakTto or on
behalf of Georght-J^idigentl^egarservices or its
affiliates, nor shalla^^St^te facilities be made
available fortljeirtise, includmg'bujyiot limited to
the GeprgiSmteractive Statewide Teteeeanmuni-
tifins Network either directly or indirectly.
Section 55. In accordance with the require-
ments of Article IX, Section VI, Paragraph la of
the Constitution of the State of Georgia, as
326
GENERAL ACTS AND RESOLUTIONS, VOL. I
amended, there is hereby appropriated payable to
each department, agency, or institution of the
State sums sufficient to satisfy the payments
required to be made in each year, under lease
contracts now in existence or as provided for in this
Appropriations Act between any department,
agency, or institution of the State, and any author-
ity created and activated at the time of the effec-
tive date of the aforesaid constitutional provision,
as amended, or appropriated for the State fiscal
year addressed within this Act, and for each and
every fiscal year thereafter, until all payments
required under lease contracts have been paid in
full, and if for any reason any of the sums herein
provided under any other provision of this Act are
insufficient in any year to make the required pay-
ments in full, there shall be taken from other funds
appropriated to the department, agency or institu-
tion involved, an amount sufficient to satisfy such
deficiency in full and the lease payment consti-
tutes a first charge on all such appropriations.
The General Assembly declares that the sums
hereby appropriated for lease rentals are to pay the
general obligations of the State incurred under
valid lease contracts and such appropriations are
to be paid from the general funds of the State as a
first charge upon General Funds.
Section 56. All expenditures and appropria-
tions made and authorized under this Act shall be
according to the programs and activities as speci-
fied in the Governors recommendations contained
in the Budget Report submitted to the General
Assembly at the 1983 regular session, as amended
by the Governors Amended Budget Report,
except as otherwise specified in this Act; provided,
however, the Director of the Budget is authorized
to make internal transfers within a budget unit
between objects, programs, and activities subject
to the conditions that no funds whatsoever shall be
transferred for use in initiating or commencing any
new program or activity not currently having an
GEORGIA LAWS 1984 SESSION
327
appropriation 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
whatsoever shall be transferred between objects
without the prior approval of at least eleven (11)
members of the Fiscal Affairs Subcommittees in a
meeting called to consider said transfers. This
Section shall apply to all funds of each budget unit
from whatever source derived. The State Auditor
shall make an annual report to the Appropriations
Committees of the Senate and House of Represen-
tatives of all instances revealed in his audit in
which the expenditures by object class of any
department, bureau, board, commission, institu-
tion 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 Gover-
nor of expenditures as to objects, the Director of
the Budget, except as to the Legislative and Judi-
cial Branches of the Government, is authorized to
allocate as to object such funds as he deems proper,
but he shall not approve any operating budget
containing any such allocation until such shall be
submitted and approved in the same manner and
under the same conditions provided hereinbefore
for transfers.
Section 57. 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 58. 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
328
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The number of authorized motor vehicles
indicated for each budget unit shall include leased
vehicles and State-owned vehicles, and
(3) The Departments are not authorized to
accept vehicles from surplus property to increase
the number authorized in this Act unless specifi-
cally approved by this General Assembly.
Section 59. 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 Sections 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 Plan-
ning and Budget, shall cease to be an obligation of
the State.
Section 60. It is the intent of this General
Assembly that cost-of-living increases effective
January 1, 1984 for retirees in the Employees
Retirement System and for retirees in the Teach-
ers Retirement System be limited to a maximum of
$25.00 per month per retiree. In the event the
Governor determines that the cost-of-living
increases for retirees in either system cannot
legally be so limited, this $25.00 per month limita-
tion shall not apply to either system.
Section 61. TOTAL STATE FUND
APPROPRIATIONS
State F.Y. 1984............................
Section 62. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
Section 63. All laws and parts of laws in
conflict with this Act are hereby repealed.
Section 2. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
,$3,960,829,559.
GEORGIA LAWS 1984 SESSION
329
Section 3. All laws and parts of laws in
conflict with this Act are repealed.
Approved February 7,1984.
LAND CONVEYANCE TO THE LORD COMPANY.
No. 35 (House Resolution No. 478).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Chattanooga, Tennessee, to The Lord Company; 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 Chattanooga, Hamilton County,
Tennessee; and
WHEREAS, said real property is described as follows:
All or part of that certain tract or parcel of land containing
approximately .952 acre, more or less situate, lying and being in the
City of Chattanooga, Tennessee, in the First Civil District, Hamilton
County, Tennessee, described as all or part of the Western and
Atlantic Railroad right-of-way between King Street and Market
Street shown on Western and Atlantic Railroad Valuation Map No.
V4/S-1-B which is filed in the Georgia Department of Archives and
History, Archives and Records Building, Atlanta, Fulton County,
Georgia, and being more particularly described as all that property as
shown on a plat of survey prepared by Tennessee registered land
surveyor Edward B. Bodkin for The Lord Company dated October
10, 1983, and revised December 9, 1983, entitled Survey of West-
ern & Atlantic Railroad Right-of-Way Between King Street and
Market Street; Chattanooga, First Civil District, Hamilton County,
Tennessee;
330
GENERAL ACTS AND RESOLUTIONS, VOL. I
and
WHEREAS, the State of Georgia currently has the above-
described property leased to the Seaboard System Railroad until
December 31,1994; and
WHEREAS, The Lord Company owns property adjoining the
above-described real property; and
WHEREAS, The Lord Company is desirous of obtaining all of the
above-described real property for development purposes.
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 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.
Section 3. That the above-described real property shall be sold
and conveyed by appropriate instrument to The Lord Company or
The Freight Depot Limited Partnership or a purchaser approved by
the State Properties Commission, by the State of Georgia, acting by
and through the State Properties Commission, for a consideration not
less than fair market value or $150,000, whichever is greater, upon
such terms and conditions as the State Properties Commission shall
determine to be in the best interest of the State of Georgia.
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.
GEORGIA LAWS 1984 SESSION
331
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 February 14,1984.
SUPERIOR COURTS TERMS OF GILMER
SUPERIOR COURT CHANGED.
Code Section 15-6-3 Amended.
No. 600 (House Bill No. 935).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to the terms of superior courts, so as to change
the terms of the Superior Courts of Gilmer 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. Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to the terms of superior courts, is amended by
striking from subsection (a) in that paragraph dealing with the terms
of superior court of the Appalachian Circuit, the following:
332
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Gilmer County Second Monday in February; second
Monday in May; and second Monday in October.,
and inserting in lieu thereof the following:
(B) Gilmer County Second Monday in February; first
Monday in May; and second Monday in October.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
LAND CONVEYANCE TO THE BIBB COUNTY
BOARD OF COMMISSIONERS.
No. 36 (House Resolution No. 541).
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; to amend 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, approved March 29,1983
(Ga. L. 1983, p. 992), so as to strike and repeal certain provisions; and
for other purposes.
GEORGIA LAWS 1984 SESSION
333
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
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 a facility for
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
334
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Payment to the State of Georgia of $10.00.
BE IT FURTHER RESOLVED AND ENACTED that the State
of Georgia, acting by and through its State Properties Commission, is
authorized and empowered to execute a corrective instrument in
accordance with the foregoing paragraph of this resolution so as to
release and forever discharge the Bibb County Board of Commis-
sioners, its successors and assigns, from certain terms and conditions
contained in the original resolution authorizing and empowering the
State of Georgia, acting by and through its State Properties Commis-
sion, to grant and convey to the Bibb County Board of Commis-
sioners, its successors and assigns, certain real property owned or
claimed by the state, located within the City of Macon, Bibb County,
Georgia, approved March 29,1983 (Ga. L. 1983, p. 992).
BE IT FURTHER RESOLVED AND ENACTED that a resolu-
tion 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, approved March 29,1983
(Ga. L. 1983, p. 992), is amended by striking therefrom the following:
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
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
GEORGIA LAWS 1984 SESSION
335
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 Commissioners; and
(2) Payment to the State of Georgia of $10.00 and other
valuable considerations; and
(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
336
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
BE IT FURTHER RESOLVED AND ENACTED that this Act
shall become effective upon its approval by the Governor or upon its
becoming law without his approval.
BE IT FURTHER RESOLVED AND ENACTED THAT all laws
and parts of laws in conflict with this Act are repealed.
Approved March 5,1984.
METROPOLITAN ATLANTA RAPID TRANSIT
OVERVIEW COMMITTEE EXTENDED.
No. 37 (House Resolution No. 522).
A RESOLUTION
To amend a resolution creating the Metropolitan Atlanta Rapid
Transit Overview Committee, approved March 16,1973 (Ga. L. 1973,
p. 70), as amended, particularly by a resolution approved April 14,
1982 (Ga. L. 1982, p. 1322), so as to change the provisions relating to
the repeal of the resolution; to repeal conflicting laws; and for other
purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. A resolution creating the Metropolitan Atlanta
Rapid Transit Overview Committee, approved March 16,1973 (Ga. L.
1973, p. 70), as amended, particularly by a resolution approved April
14, 1982 (Ga. L. 1982, p. 1322), is amended by striking Section 3A,
GEORGIA LAWS 1984 SESSION
337
relating to repeal of the resolution, and inserting in its place a new
section to read as follows:
Section 3A. Unless extended by joint resolution of the General
Assembly, this resolution shall stand repealed on July 1,1986.
Section 2. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 7,1984.
URBAN RESIDENTIAL FINANCE AUTHORITY
LAW AMENDED.
Code Section 36-41-4 Amended.
No. 621 (House Bill No. 285).
AN ACT
To amend Chapter 41 of Title 36 of the Official Code of Georgia
Annotated, relating to urban residential finance authorities for large
municipalities, so as to provide for the compensation of members of
the board of any such authority; to provide for the reimbursement of
members of the board of any such authority for expenses; 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 36 of the Official Code of Georgia
Annotated, relating to urban residential finance authorities for large
municipalities, is amended by striking in its entirety Code Section 36-
41-4, relating to the creation of authorities, appointment of board,
officers, compensation, and rules and regulations, and inserting in
lieu thereof a new Code Section 36-41-4 to read as follows:
338
GENERAL ACTS AND RESOLUTIONS, VOL. I
36-41-4. There is created in and for each municipality of this
state, as defined in paragraph (11) of Code Section 36-41-3, a public
body corporate, which shall be deemed to be an instrumentality of the
state, to be known as the urban residential finance authority of such
municipality and which shall be governed by a board of not less than
five nor more than seven members. Each member of the board shall
be a resident of the large municipality activating the authority and
shall be appointed by the governing body of the municipality for such
term and upon such conditions as specified by resolution of the
governing body. Any member of the governing body of the large
municipality and the mayor or other chief executive thereof and the
chief fiscal officer thereof may serve on the board. No authority
created under this Code section shall transact any business or exercise
any powers under this chapter until the governing body of the large
municipality activating the authority, by resolution, declares that
there is need for an authority to function in such municipality. A copy
of the resolution adopted by the governing body and copies of any
resolution adopted by the governing body providing for filling vacan-
cies in the membership of the board of the authority or making any
changes in the membership of the board of the authority shall be filed
with the Secretary of State. Appointments to fill vacancies on the
board of any authority, either for an unexpired or full term as fixed in
the original resolution creating the same, shall be made by the
governing body of the municipality. The members of the board of
each authority shall elect one of their members as chairman and
another as vice-chairman and shall also elect a secretary-treasurer,
who need not be a member of the board and need not be a resident of
the municipality activating such authority. Each member of the
board of each authority shall receive the same expense allowance per
day as that received by a member of the General Assembly for each
day such member is in attendance at a meeting of the authority, but
shall receive the same for not more than 20 meeting days during any
one fiscal year. For attendance at any conference in connection with
the performance of their official duties, other than a meeting of the
authority, members shall be reimbursed for actual expenses incurred
and travel expenses in the same manner as provided by law for
members of the General Assembly, but shall receive the same for not
more than ten days during any one fiscal year. However, if the
secretary-treasurer is not a member of the board, then the secretary-
treasurer may receive such compensation for his services as may be
agreed upon by the members of the board. Each authority shall make
rules and regulations for its government and may delegate to one or
more of its members or its officers, agents, and employees such
powers and duties as may be deemed necessary and proper.
GEORGIA LAWS 1984 SESSION
339
Section 2. This Act shall become effective upon its approval by
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 12,1984.
TALLAPOOSA JUDICIAL CIRCUIT SUPPLEMENTAL
EXPENSE ALLOWANCE OF DISTRICT ATTORNEY.
No. 629 (House Bill No. 680).
AN ACT
To provide for a supplemental expense allowance for the district
attorney of the Tallapoosa Judicial Circuit; to provide for the pay-
ment of such allowance by the counties comprising the circuit; to
provide that such allowance shall not be used in determining any
pension, retirement, or other benefits paid to such district attorney
by the counties comprising the circuit, nor in determining any pay-
ments to any such district attorney who becomes a district attorney
emeritus or who retires pursuant to the District Attorneys Retire-
ment Fund of Georgia or the District Attorneys Retirement System;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In addition to the compensation and expenses paid
from state funds, the district attorney of the Tallapoosa Judicial
Circuit shall receive a supplemental expense allowance of $6,000.00
per annum, payable in equal monthly installments from the funds of
the counties comprising such circuit. The governing authority of each
county within the circuit shall pay that percentage of the total
supplemental expense allowance that the population of the county
340
GENERAL ACTS AND RESOLUTIONS, VOL. I
bears to the total population of all counties within the judicial circuit,
according to the latest United States decennial census. Any other
provision of law to the contrary notwithstanding, such supplemental
expense allowance shall not be used or included in calculating any
pension, retirement, or other benefits or payments to such district
attorney by the counties comprising the Tallapoosa Judicial Circuit,
nor shall such supplemental expense allowance be used or included in
calculating any other payments to such district attorney who becomes
a district attorney emeritus or who retires pursuant to the District
Attorneys Retirement Fund of Georgia or the District Attorneys
Retirement System.
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
supplemental expense allowance for the District Attorney of the
Tallapoosa Judicial Circuit; to provide for matters relative thereto;
and for other purposes.
This 13th day of January, 1983.
W. A. Foster, III
District Attorney,
Tallapoosa Judicial Circuit
GEORGIA LAWS 1984 SESSION
341
Affidavit of the Publisher.
To Whom It May Concern:
I hereby certify that a notice to introduce local legislation for the
District Attorney was run in The Cedartown Standard, official legal
organ of Polk County, Georgia. Said legal was published as No. 1617
on January 18,25 and February 1,1983.
/s/ Joseph D. Williams
Publisher & Editor
I hereby certify that the foregoing was signed
in my presence this 3rd day of February, 1983.
/s/ Beth Erwin
Notary Public.
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
supplemental expense allowance for the District Attorney of the
Tallapoosa Judicial Circuit; to provide for matters relative thereto;
and for other purposes.
This 13th day of January, 1983.
/s/ W. A. Foster, III
District Attorney,
Tallapoosa Judicial Circuit
342
GENERAL ACTS AND RESOLUTIONS, VOL. I
Affidavit.
Georgia, Haralson County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune legal organ for Haralson
County. The following dates, to-wit: 1/20/83,1/27/83,2/3/83.
Sworn to on the 14th
day of February, 1983.
/s/ Stanley Parkman
Publisher
Sworn to and subscribed before me,
on the 14th day of February, 1983.
/s/ Ralph M. Parkman
Notary Public.
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
supplemental expense allowance for the District Attorney of the
Tallapoosa Judicial Circuit; to provide for matters relative thereto;
and for other purposes.
This 14th day of January, 1983.
W. A. Foster, III
District Attorney,
Tallapoosa Judicial Circuit
GEORGIA LAWS 1984 SESSION
343
Affidavit.
I, T. E. Parker, after being duly sworn do hereby depose and say
under oath that I am publisher of the Dallas New Era, the official
legal organ of Paulding County. There was deposited with said
newspaper advertisement, Notice Of Intention To Introduce Local
Legislation, which was run the weeks of January 20, January 27 and
February 3,1983. Copies attached.
/s/ T. E. Parker
Publisher,
Dallas New Era
Sworn to and subscribed before me,
this 9th day of February, 1983.
/s/ Mrs. Charlotte Clonts
Notary Public.
(Seal).
Approved March 12,1984.
MACON JUDICIAL CIRCUIT SALARY
SUPPLEMENTS OF JUDGES AND DISTRICT
ATTORNEY.
No. 644 (Senate Bill No. 471).
AN ACT
To amend an Act providing for supplements to the salaries of the
judges and district attorney of the superior courts of the Macon
344
GENERAL ACTS AND RESOLUTIONS, VOL. I
Judicial Circuit, approved March 28,1973 (Ga. L. 1973, p. 176), so as
to change the provisions relating to the supplement to be paid to each
judge of the superior courts of said circuit; to provide for the contribu-
tions to be paid by each county comprising said circuit; to provide an
effective date; to provide for applicability; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for supplements to the salaries of
the judges and district attorney of the superior courts of the Macon
Judicial Circuit, approved March 28, 1973 (Ga. L. 1973, p. 176), is
amended by striking Section 1 in its entirety and inserting in lieu
thereof a new Section 1 to read as follows:
Section 1. (a) The salary of each judge of the superior courts
of the Macon Judicial Circuit shall be supplemented by payments out
of the treasuries of Bibb County, Peach County, and Crawford
County in the following amounts:
(1) Out of the treasury of Bibb County, the salary of each of
said judges shall be supplemented in the amount of $8,000.00 per
annum;
(2) Out of the treasury of Peach County, the salary of each
of said judges shall be supplemented in the amount of $3,000.00
per annum;
(3) Out of the treasury of Crawford County, the salary of
each of said judges shall be supplemented in the amount of
$1,000.00 per annum.
(b) The supplemental payments provided for in subsection (a)
shall be paid in equal monthly installments by the governing authori-
ties of the respective counties or other authorities having control of
expenditures of county funds.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval; pro-
vided, however, that any increase in supplements to the salaries of the
judges of the superior courts of the Macon Judicial Circuit as pro-
vided in this Act shall not take effect as to each county until the date
on which each such county begins its next fiscal year following the
effective date of this Act.
GEORGIA LAWS 1984 SESSION
345
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 1984
session of the General Assembly of Georgia a bill to amend an Act
providing for supplements to the salaries of the judges and district
attorney of the superior courts of the Macon Judicial Circuit,
approved March 28, 1973 (Ga. L. 1973, p. 176); and for other pur-
poses.
This 27th day of December, 1983.
Richard L. Greene
Senator,
District 26
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Richard L. Greene, who, on oath,
deposes and says that he is Senator from the 26th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Georgia Post which is the official organ of
Crawford County, on the following date: January 19,1984.
/s/ Richard L. Greene
Senator,
26th District
346
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 23rd day of January, 1984.
/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 1984
session of the General Assembly of Georgia a bill to amend an Act
providing for supplements to the salaries of the judges and district
attorney of the superior courts of the Macon Judicial Circuit,
approved March 28, 1973 (Ga. L. 1973, p. 176); and for other pur-
poses.
This 26th day of December, 1983.
/s/ Richard L. Greene
Senator,
District 26
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Richard L. Greene, who, on oath,
deposes and says that he is Senator from the 26th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Macon Telegraph and News which is the
official organ of Bibb County, on the following date: January 21,
1984.
GEORGIA LAWS 1984 SESSION
347
/s/ Richard L. Greene
Senator,
26th District
Sworn to and subscribed before me,
this 23rd day of January, 1984.
/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 1984
session of the General Assembly of Georgia a bill to amend an Act
providing for supplements to the salaries of the judges and district
attorney of the superior courts of the Macon Judicial Circuit,
approved March 28, 1973 (Ga. L. 1973, p. 176), and for other pur-
poses.
This 27th day of December, 1983.
Richard L. Greene
Senator,
District 26
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Richard L. Greene, who, on oath,
deposes and says that he is Senator from the 26th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Leader-Tribune which is the official organ
of Peach County, on the following date: January 21,1984.
348
GENERAL ACTS AND RESOLUTIONS, VOL. I
/s/ Richard L. Greene
Senator,
26th District
Sworn to and subscribed before me,
this 23rd day of January, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 12, 1984.
COBB JUDICIAL CIRCUIT APPOINTMENT
AND COMPENSATION OF INVESTIGATORS.
No. 652 (Senate Bill No. 555).
AN ACT
To amend an Act creating the Cobb Judicial Circuit, approved
February 19,1951 (Ga. L. 1951, p. 184), as amended, particularly by
an Act approved April 9, 1981 (Ga. L. 1981, p. 1029), and an Act
approved March 29,1983 (Ga. L. 1983, p. 4698), so as to change the
provisions relative to the appointment and compensation of invest-
igators; to provide for applicability; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Cobb Judicial Circuit, approved
February 19,1951 (Ga. L. 1951, p. 184), as amended, particularly by
an Act approved April 9, 1981 (Ga. L. 1981, p. 1029), and an Act
GEORGIA LAWS 1984 SESSION
349
approved March 29, 1983 (Ga. L. 1983, p. 4698), is amended by
striking Section 4(a) in its entirety and inserting in lieu thereof a new
Section 4(a) to read as follows:
Section 4(a). Said district attorney is authorized to appoint
four investigators, Cobb Judicial Circuit, to serve at the pleasure of
said district attorney and to perform generally such duties as may be
assigned by said district attorney. They shall have the same power to
make arrests, to execute and return all criminal warrants and pro-
cesses, and to serve as a peace officer as may be performed by a sheriff
and they shall be subpoena clerks in the superior court for the
purpose of summoning witnesses before the grand jury. They shall
receive as compensation for the performance of such duties a sum of
not less than $9,860.00 per annum and not more than $22,000.00 per
annum, the exact amount to be determined by the district attorney.
The compensation shall be paid in equal monthly installments from
the general funds of Cobb County, Georgia.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1984 session of the General Assembly of Georgia a bill to amend the
Act creating the Cobb Judicial Circuit, approved February 19, 1969
(Ga. L. 1961, p. 134), as amended so as to change the provisions
relating to the appointment of assistant district attorneys to change
the salary provisions relating to the investigators; to provide a county
supplement for the District Attorney; to provide for the method of
payment and supplement of the legal secretary provided pursuant to
Ga. L. 1975, p. 1504; and for other purposes.
This 6th day of January, 1984.
350
GENERAL ACTS AND RESOLUTIONS, VOL. I
Roy E. Barnes
Haskew Brantley
Joe L. Thompson
Carl Harrison
Joe Mack Wilson
A. L. Burruss
Steve Thompson
Terry Lawler
Fred Aiken
Johnny Isakson
Bill Atkins
Frank Johnson
Tom Wilder
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Roy E. Barnes, who, on oath, deposes
and says that he is Senator from the 33rd District, and that the
attached copy of Notice of Intention to Introduce Local Legislation
was published in the Marietta Daily Journal which is the official
organ of Cobb County, on the following date: January 6,1984.
/s/ Roy E. Barnes
Senator,
33rd District
Sworn to and subscribed before me,
this 10th day of February, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 12, 1984.
GEORGIA LAWS 1984 SESSION
351
SUPERIOR COURT OF LINCOLN COUNTY TERMS
OF COURT CHANGED.
Code Section 15-6-3 Amended.
No. 669 (House Bill No. 1440).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of the superior courts, so as to change
the terms of the Superior Court of Lincoln 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. Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of the superior courts, is amended by
striking subparagraph (B) of paragraph (40) of said Code section in its
entirety and inserting in lieu thereof a new subparagraph (B) to read
as follows:
(B) Lincoln County Fourth Monday in January, third
Monday in April, fourth Monday in July, and third Monday in
October.
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 12,1984.
352
GENERAL ACTS AND RESOLUTIONS, VOL. I
REVENUE CODE AMENDED NEW STATE BOARD
OF EQUALIZATION CREATED PROCEDURES.
Code Title 48 Amended.
No. 758 (House Bill No. 957).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, the
Georgia Public Revenue Code, so as to abolish the existing State
Board of Equalization and create a new State Board of Equalization;
to provide procedures relating to the assessment of and the adminis-
trative and judicial review of assessments of property returned for ad
valorem taxation to the state revenue commissioner; to create a Tax
Settlement and Compromise Board and provide for its powers and
duties relative to the settlement or compromise of any tax assessment
or tax fi. fa.; to change the time period for appealing an ad valorem tax
assessment to county tax officials; to provide for related matters; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 48 of the Official Code of Georgia Annotated,
the Georgia Public Revenue Code, is amended by striking Code
Section 48-2-18, relating to the State Board of Equalization, and
inserting in its place a new Code section to read as follows:
48-2-18. (a) There is established a board composed of the
commissioner, the state auditor, and the executive director of the
State Properties Commission.
(b) The board created by this Code section shall be designated
the State Board of Equalization. The chairman and administrative
officer of the board shall be the commissioner. In addition to its other
duties, the board shall hear and determine all appeals by taxpayers
who are required by law to return their property for taxation to the
commissioner. Each year, when the digest of assessments proposed by
the commissioner is complete, the commissioner shall submit the
digest to the State Board of Equalization which shall carefully
GEORGIA LAWS 1984 SESSION
353
examine the proposed assessments of each class of taxpayers or
property and the digest of proposed assessments as a whole to
determine that they are reasonably apportioned between the several
tax jurisdictions and reasonably uniform with the values set on other
classes of property throughout the state. If the board determines that
the proposed assessed values of any one or more of the classes of
taxpayers or property or the digest as a whole does not reasonably
conform to the values set for other property throughout the state, it
shall inquire as to the reason for the lack of conformity and shall
adjust and equalize the same by either adding or subtracting a fixed
percentage to the class of taxpayer, to the class of property, or to the
digest as a whole, as the case may be.
(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 pursuant to
this Code section 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 commissioner, 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
354
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(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-
GEORGIA LAWS 1984 SESSION
355
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
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
tbe 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-
356
GENERAL ACTS AND RESOLUTIONS, VOL. I
vant evidence as a reasonable mind might accept as adequate to
support a conclusion.
(f) In the event any order, decision, or other action of the former
State Board of Equalization created by former Code Section 48-2-18
and prior laws is determined or held to be or to have been null, void, or
ineffective for any reason, the department, the commissioner, and the
new State Board of Equalization created by this Code section shall
have the authority to take all appropriate steps to effect valid orders,
decisions, or other action respecting the matters involved. Such
authority shall include, but not be limited to, the right to take the
action specified in subsections (a) through (e) of this Code section
fully as though the former State Board of Equalization had never
acted in regard to the matter and as though the matter had arisen in
the first instance after the effective date of this Code section.
Section 2. Said title is further amended by adding a new Code
Section 48-2-18.1 to read as follows:
48-2-18.1. (a) There is established a board composed of the
Attorney General, the commissioner, and the state auditor, which is
authorized to settle and compromise any proposed tax assessment,
any final tax assessment, or any tax fi. fa., where there is doubt as to
liability or there is doubt as to collectibility, and the settlement or
compromise is in the best interests of the state. A majority of the
board shall be empowered to settle and compromise. The commis-
sioner shall keep a record of all settlements and compromises made
and the reasons for each settlement and compromise.
(b) The board created by this Code section shall be designated
the Tax Settlement and Compromise Board. The chairman and
administrative officer of the board shall be the commissioner.
Section 3. Said title is further amended by striking from Code
Section 48-5-311, relating to county boards of equalization, paragraph
(3) of subsection (e) and inserting in its place a new paragraph (3) to
read as follows:
(3) A notice of appeal in the case of residents of the county shall
be filed with the county board of tax assessors within 30 days from the
date of mailing the notice pursuant to Code Section 48-5-306 or
paragraph (2) of this subsection. A notice of appeal, in the case of a
nonresident of the county, shall be filed with the county board of tax
GEORGIA LAWS 1984 SESSION
357
assessors within 30 days from the mailing of the notice, as provided in
Code Section 48-5-306 or paragraph (2) of this subsection.
Section 4. Section 3 of this Act shall become effective September
1,1984. The other provisions 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 14,1984.
INCOME TAXATION PENALTIES FOR FILING
FRIVOLOUS RETURNS.
Code Section 48-7-57.1 Enacted.
No. 759 (House Bill No. 1196).
AN ACT
To amend Article 3 of Chapter 7 of Title 48 of the Official Code of
Georgia Annotated, relating to returns and furnishing of information
for purposes of income taxation, so as to provide civil penalties for
filing frivolous income tax returns; to provide for an effective date
and for applicability; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 3 of Chapter 7 of Title 48 of the Official Code
of Georgia Annotated, relating to returns and furnishing of informa-
tion for purposes of income taxation, is amended by adding a new
Code Section 48-7-57.1 to read as follows:
358
GENERAL ACTS AND RESOLUTIONS, VOL. I
48-7-57.1. (a) A penalty of $500.00 may be assessed against
any individual who files what purports to be a return of the tax
imposed by Article 2 of this chapter if:
(1) The purported return:
(A) Does not contain information on which the sub-
stantial correctness of the amount of tax shown to be due may
be judged; or
(B) Contains information that on its face indicates that
the amount of tax shown to be due is substantially incorrect;
and
(2) The conduct described in paragraph (1) of this subsec-
tion is due to:
(A) A position which is frivolous; or
(B) A desire which appears on the purported return to
delay or impede the administration of state income tax laws.
(b) The penalty imposed by subsection (a) of this Code section
shall be in addition to any other penalty provided by law.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval and shall
apply with respect to returns filed after such effective date.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
359
LEGISLATIVE SERVICES COMMITTEE PROCEDURES
RELATING TO MAINTENANCE, REPAIR, ETC., OF
ROOMS AND OTHER AREAS.
Code Chapters 28-4 and 45-12 Amended.
No. 765 (House Bill No. 900).
AN ACT
To amend Chapter 4 of Title 28 of the Official Code of Georgia
Annotated, relating to the Legislative Services Committee, so as to
provide for the membership of the committee; to provide for meet-
ings; to provide for the maintenance, repair, construction, renovation,
refurbishing, and furnishing of rooms and other areas; to provide for
the procurement of supplies, materials, and equipment; to provide for
audits; to provide for public inspection of minutes and audits; to
provide for payment of invoices; to provide for budgetary control by
the Legislative Services Committee of joint legislative offices; to
amend Code Section 45-12-78 of the Official Code of Georgia Anno-
tated, relating to annual budget estimates, so as to change the
provisions relating to the budget estimates for the legislative branch;
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 28 of the Official Code of Georgia
Annotated, relating to the Legislative Services Committee, is
amended by striking subsection (a) of Code Section 28-4-1, relating to
the creation, membership, and meetings of the Legislative Services
Committee, in its entirety and inserting in lieu thereof a new subsec-
tion (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-
360
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 President Pro Tempore of the Senate, the Speaker Pro
Tempore of the House of Representatives, the majority leader of the
Senate, the majority leader of the House of Representatives, the
Secretary of the Senate, and the Clerk of the House of Representa-
tives. The Speaker of the House of Representatives shall be chairman
of the committee, and the Secretary of the Senate shall be secretary of
the committee.
Section 2. Said chapter is further amended by striking subsec-
tion (c) of Code Section 28-4-1, relating to the creation, membership,
and meetings of the Legislative Services Committee, in its entirety
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The committee shall meet at least once each month, and the
date for the meeting for each month shall be set at the meeting in the
preceding month. Additional meetings may be held upon the call of
the chairman or upon the call of a majority of the members of the
committee. Eight members of the committee shall constitute a
quorum and the affirmative vote of a majority of those members
present at a meeting of the committee, provided such members
present constitute a quorum, shall be necessary to transact business
of the committee. The chairman shall be entitled to vote on all
matters requiring a vote of the committee.
Section 3. Said chapter is further amended by striking subsec-
tion (c) of Code Section 28-4-2, relating to the powers of the Legisla-
tive Services Committee, in its entirety and inserting in lieu thereof a
new subsection (c) to read as follows:
(c) The committee is authorized to provide for the mainte-
nance, repair, construction, renovation, refurbishing, and furnishing
of the rooms, offices, and other areas which are under the control,
authority, and jurisdiction of the committee or which have been
assigned jointly to the Senate and House of Representatives; pro-
vided, however, that the Senate is authorized to provide for the
maintenance, repair, construction, renovation, refurbishing, and fur-
nishing of the rooms, chamber, offices, and other areas which are
under the control, authority, and jurisdiction of the Senate and that
the House of Representatives is authorized to provide for the mainte-
nance, repair, construction, renovation, refurbishing, and furnishing
of the rooms, chamber, offices, and other areas which are under the
GEORGIA LAWS 1984 SESSION
361
control, authority, and jurisdiction of the House of Representatives;
provided, further, that any such maintenance, repair, construction,
renovation, refurbishing, or furnishing must be first approved by the
Legislative Services Committee. Any repair, construction, or renova-
tion by the committee, the Senate, or the House of Representatives in
an amount exceeding $5,000.00, if approved by the Legislative Ser-
vices Committee, shall be accomplished on a competitive bid basis
unless such repair, construction, or renovation is accomplished by
another state agency or authority. The committee, the Senate, and
the House of Representatives shall adopt procedures relative to
competitive bids. The committee, the Senate, and the House of
Representatives may adopt procedures to provide for emergency
repairs other than by competitive bids.
Section 4. Said chapter is further amended by striking subsec-
tion (d) of Code Section 28-4-2, relating to the powers of the Legisla-
tive Services Committee, in its entirety and inserting in lieu thereof
new subsections (d), (e), (f), (g), and (h) to read as follows:
(d) The committee shall provide for the procurement of sup-
plies, materials, and equipment which are required jointly for the
Senate and House of Representatives; provided, however, that the
Senate shall provide for the procurement of supplies, materials, and
equipment for the Senate and that the House of Representatives shall
provide for the procurement of supplies, materials, and equipment for
the House of Representatives; provided, further, that no supplies,
materials, and equipment for the Senate or the House of Representa-
tives shall be procured unless first approved by the Legislative
Services Committee. Such procurement by the committee, the
Senate, and the House of Representatives may be accomplished
through a state-wide contract which has been approved by the
Department of Administrative ServicesPurchasing Division and
which was entered into as a result of competitive bids. Procurement
may also be accomplished through the Department of Administrative
ServicesCentral Supply. All other procurement of supplies, materi-
als, and equipment in an amount exceeding $3,000.00 on any single
order shall be accomplished by competitive bids. The committee, the
Senate, and the House of Representatives shall adopt procedures
relative to competitive bids. The committee may adopt procedures to
provide for emergency procurement of supplies and materials without
competitive bids if a majority of the total membership of the commit-
tee determines that an emergency exists. The Senate and the House
of Representatives may adopt procedures to provide for the emer-
362
GENERAL ACTS AND RESOLUTIONS, VOL. I
gency procurement of supplies and materials without competitive
bids. The committee, the Senate, and the House of Representatives
may adopt procedures for the emergency repair or replacement of
equipment without competitive bids.
(e) The committee shall contract with a licensed certified public
accountant or certified public accounting firm to conduct annually in
accordance with accepted accounting principles a financial audit of
legislative funds and expenditures* Such audit shall detail the
expenditures of the following offices of the legislative branch: Lieu-
tenant Governor, Secretary of the Senate, Senate, Speaker of the
House of Representatives, Clerk of the House of Representatives,
House of Representatives, Office of Legislative Counsel, Office of
Legislative Budget Analyst, and Office of Legislative Fiscal Officer.
(f) At least once every five years the committee shall contract
with a licensed certified public accountant or certified public
accounting firm to perform a management audit of the financial
practices and operations of the legislative branch of government.
Each year the state auditor shall conduct a performance audit of at
least one of the legislative offices listed in subsection (e) of this Code
section.
(g) A copy of the minutes of the meetings of the committee and
of the audits provided for in this Code section shall be made available
for public inspection in the office of the Speaker of the House of
Representatives, in the office of the President of the Senate, in the
office of the Clerk of the House of Representatives, and in the office of
the Secretary of the Senate.
(h) The committee is authorized to provide for such other
procedures as it deems advisable for the purpose of carrying out this
Code section.
Section 5. Said chapter is further amended by adding after
subsection (a) of Code Section 28-4-6, relating to the legislative fiscal
officer and the legislative budget analyst, a new subsection to be
designated as subsection (a.l) to read as follows:
(a.l) The legislative fiscal officer is authorized on behalf of the
legislative branch to pay any properly authorized invoice which does
not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not
be paid by such fiscal officer without prior approval of the committee.
GEORGIA LAWS 1984 SESSION
363
All invoices shall contain in detail a description of the work per-
formed, materials used or purchased, and any other information
pertinent to the obligation. Before the fiscal officer may pay any
invoice, a requisition or purchase order covering such invoice and
signed by the person or persons authorized by the Legislative Services
Committee to do so plus evidence of delivery must have been submit-
ted to the fiscal officer. A list of all invoices which have been paid
shall be submitted by the fiscal officer to the committee on a monthly
basis.
Section 6. Said chapter is further amended by adding at the end
of Code Section 28-4-6, relating to the legislative fiscal officer and the
legislative budget analyst, a new subsection to be designated as
subsection (c) to read as follows:
(c) A majority vote of the total membership of the Legislative
Services Committee shall be necessary to employ the legislative fiscal
officer and the legislative budget analyst.
Section 7. Said chapter is further amended by striking Code
Section 28-4-7 in its entirety and inserting in lieu thereof a new Code
Section 28-4-7 to read as follows:
28-4-7. The Office of Legislative Counsel, the Office of Legisla-
tive Fiscal Officer, and the Office of Legislative Budget Analyst shall
be under the budgetary control of the Legislative Services Commit-
tee. The committee shall provide procedures for the employment of
personnel to assist the legislative counsel, the legislative fiscal officer,
and the legislative budget analyst; and those three officials and such
personnel shall be compensated under such procedure as the commit-
tee shall provide. The three officials shall have supervision of person-
nel in their offices relative to the duties of their employment. The
committee shall provide office space for the three offices and furnish
them with supplies, materials, furniture, furnishings, books, equip-
ment, and services.
Section 8. Code Section 45-12-78 of the Official Code of Georgia
Annotated, relating to annual budget estimates, is amended by
striking subsection (b) in its entirety and inserting in lieu thereof a
new subsection (b) to read as follows:
(b) Except as provided hereinafter, the budget estimates for
the General Assembly, including all the legislative agencies, shall be
364
GENERAL ACTS AND RESOLUTIONS, VOL. I
prepared by the Speaker of the House of Representatives and the
President of the Senate and such other legislative officers as appro-
priate and shall be submitted to the director of the budget at the same
time as other budget estimates are submitted. The Department of
Audits and Accounts, for the purpose of this part, is a legislative
agency and shall be construed in all respects as such; and the budget
estimate for said department shall be prepared by the state auditor
and shall be included in the budget report without revision and shall
not be subject to review or control by the Office of Planning and
Budget. The director of the Fiscal Division of the Department of
Administrative Services shall assist in the preparation of these
budget estimates, if requested. Effective with the budget estimates
for the fiscal year beginning July 1,1985, the budget estimates for the
Senate, the office of the Lieutenant Governor, and the office of the
Secretary of the Senate shall be prepared by the Senate; the budget
estimates for the House of Representatives, the office of the Speaker
of the House of Representatives, and the office of the Clerk of the
House of Representatives shall be prepared by the House of Repre-
sentatives; and the budget estimates for the Office of Legislative
Counsel, the Office of Legislative Fiscal Officer, and the Office of
Legislative Budget Analyst shall be prepared by the Legislative
Services Committee. All of such budget estimates shall include such
object classes as the Legislative Services Committee shall determine,
and transfers of funds may be made between such object classes.
Section 9. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
365
JOINT BOARD OF FAMILY PRACTICE
MEMBERSHIP, TERMS OF OFFICE, ETC.
Code Section 49-10-2 Amended.
No. 766 (House Bill No. 1168).
AN ACT
To amend Code Section 49-10-2 of the Official Code of Georgia
Annotated, relating to the Joint Board of Family Practice, so as to
provide for the membership of the board and for their terms of office;
to provide for the filling of a vacancy on the board; to provide for
advisory committees and for the compensation of the members of
such committees; to 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 49-10-2 of the Official Code of Georgia
Annotated, relating to the Joint Board of Family Practice, is amended
by striking subsection (a) thereof which reads as follows:
(a) There is created the Joint Board of Family Practice, here-
after in this chapter referred to as joint board. The joint board shall
be attached to the Board of Regents of the University System of
Georgia for administrative purposes only, as defined by Code Section
50-4-3. The members of the executive committee of the board of
directors of the Georgia Academy of Family Physicians, but not more
than five members thereof; the dean or his duly appointed represen-
tative of each medical school in the state with an established depart-
ment of family practice; a family physician who shall be designated by
the board of directors of the Georgia State Medical Association; and
one doctor of osteopathy who shall be designated by the executive
board of the Georgia Osteopathic Medical Association shall be mem-
bers of the joint board. The doctor of osteopathy shall also be a family
physician. All members of the joint board shall be licensed physicians
under Article 2 of Chapter 34 of Title 43, relating to medical practitio-
ners, as now or hereafter amended.,
366
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) (1) There is created the Joint Board of Family Practice,
hereafter in this chapter referred to as joint board. The joint
board shall be attached to the Board of Regents of the University
System of Georgia for administrative purposes only, as defined by
Code Section 50-4-3. Effective July 1,1984, the joint board shall
be composed of one member from each congressional district and
three members from the state at large. All members shall be
appointed by the Governor and confirmed by the Senate. Twelve
members of the board shall be family physicians who are licensed
under Article 2 of Chapter 34 of Title 43, relating to medical
practitioners. One member shall have no connection with the
practice of medicine.
(2) The first members of the joint board who are appointed
as provided in paragraph (1) of this subsection shall take office on
July 1,1984. Two members shall serve an initial term of one year;
two members shall serve an initial term of two years; two members
shall serve an initial term of three years; two members shall serve
an initial term of four years; two members shall serve an initial
term of five years; and three members shall serve an initial term of
six years. Thereafter, successors to such members shall be
appointed for terms of six years. The Governor shall designate the
term to which each initial member is appointed. All members
shall serve until their successors are appointed and qualified.
Members appointed under this paragraph shall be eligible to serve
on the joint board until confirmed by the Senate at the session of
the General Assembly next following their appointment.
(3) In case of a vacancy on the joint board by reason of death
or resignation of a member or for any other cause other than the
expiration of the members term of office, the joint board shall by
secret ballot elect a temporary successor. If the General Assembly
is in session, the temporary successor shall serve until the end of
that session. If the General Assembly is not in session, the
temporary successor shall serve until the end of the session next
following the vacancy or until the expiration of the vacated
members term of office, whichever occurs first. The Governor
shall appoint a permanent successor who shall be confirmed by
the Senate. The permanent successor shall take office on the first
day after the General Assembly adjourns and shall serve for the
unexpired term and until his successor is elected and qualified.,
GEORGIA LAWS 1984 SESSION
367
and by adding at the end thereof a new subsection (e) to read as
follows:
(e) The joint board, as it deems appropriate, shall have the
authority to appoint advisory committees to advise the joint board on
the fulfillment of its duties. The members of the advisory committees
shall not receive any per diem or reimbursements.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
PROBATION ^[PRE-TRIAL RELEASE AND
DIVERSION PROGRAMS.
Code Chapter 42-8 Amended.
No. 767 (House Bill No. 1101).
AN ACT
To amend Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, so as to require the community
service officer to consider an offenders work schedule when schedul-
ing community service; to provide pretrial release and diversion
programs as rehabilitative measures for certain persons charged with
crimes prior to conviction; to provide that the Department of
Offender Rehabilitation shall have the authority to establish and
operate such pretrial release and diversion programs in any county
upon the unanimous approval of the superior court judges, the
district attorney, the solicitor where applicable, and the sheriff of
such county; to provide that the Board of Offender Rehabilitation
368
GENERAL ACTS AND RESOLUTIONS, VOL. I
may promulgate rules and regulations governing such pretrial release
and diversion programs; to provide for eligibility for participation in
such pretrial release and diversion programs at the discretion of the
court in which charges are pending; to provide for release upon
recognizance of participants; to provide for waiver of speedy trial
rights; to provide for operation of such pretrial release and diversion
programs by counties under contracts with the Department of
Offender Rehabilitation; to provide for an exception for the Correc-
tional Services Division of the Georgia Department of Labor; 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 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, is amended by striking in its
entirety Code Section 42-8-73, relating to community service work for
certain offenders, and inserting in lieu thereof a new Code Section 42-
8-73 to read as follows:
42-8-73. The community service officer shall place an offender
sentenced to community service as a condition of probation with an
appropriate agency. The agency and work schedule shall be approved
by the court. If the offender is employed at the time of sentencing or
if the offender becomes employed after sentencing, the community
service officer shall consider the offenders work schedule and, to the
extent practicable, shall schedule the community service so that it
will not conflict with the offenders work schedule. This shall not be
construed as requiring the community service officer to alter sched-
uled community service based on changes in an offenders work
schedule. The community service officer shall supervise the offender
for the duration of the community service sentence. Upon completion
of the community service sentence, the community service officer
shall prepare a written report evaluating the offenders performance
which will be used to determine if the conditions of probation have
been satisfied.
Section 2. Said chapter is further amended by adding following
Article 4 a new article, to be designated Article 5, to read as follows:
ARTICLE 5
42-8-80. The Department of Offender Rehabilitation shall be
authorized to establish and operate pretrial release and diversion pro-
GEORGIA LAWS 1984 SESSION
369
grams as rehabilitative measures for persons charged with misde-
meanors and felonies for which bond is permissible under the law in
the courts of this state prior to conviction; provided, however, that no
such program shall be established in a county without the unanimous
approval of the superior court judges, the district attorney, the solici-
tor where applicable, and the sheriff of such county. The Board of
Offender Rehabilitation shall promulgate rules and regulations gov-
erning any pretrial release and diversion programs established and
operated by the department and shall grant authorization for the es-
tablishment of such programs based on the availability of sufficient
staff and resources.
42-8-81. The court in which a person is charged with a misde-
meanor or felony for which bond is permissible under the law may,
upon the application by the person so charged, at its discretion
release the person prior to conviction and upon recognizance to the
supervision of a pretrial release or diversion program established and
operated by the Department of Offender Rehabilitation after an
investigation and upon recommendation of the staff of the pretrial
release or diversion program. In no case, however, shall any person be
so released unless after consultation with his or her attorney or one
made available to the person if he or she is indigent that person has
voluntarily agreed to participate in the pretrial release or diversion
program and knowingly and intelligently has waived his or her right
to a speedy trial for the period of pretrial release or diversion.
42-8-82. The Department of Offender Rehabilitation may con-
tract with the various counties of this state for the services and
facilities necessary to operate pretrial release and diversion programs
established under this article and both the department and the
counties are authorized to enter into such contracts as are appropriate
to carry out the purpose of this article.
42-8-83. The authority to establish and operate pretrial release
and diversion programs granted to the Department of Offender
Rehabilitation under this article shall not affect the authority of the
Correctional Services Division of the Georgia Department of Labor to
enter into agreements with district attorneys of the several judicial
circuits of this state for the purpose of establishing and operating
pretrial intervention programs in such judicial circuits.
Section 3. Provided, however, no person shall be released on
his own recognizance or approved for said program, without first
370
GENERAL ACTS AND RESOLUTIONS, VOL. I
having the approval, in writing, of the judge of the court having
jurisdiction of the case.
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 14,1984.
GARNISHMENT LIMITATION ON AMOUNT
SUBJECT FORM OF POSTJUDGMENT SUMMONS.
Code Chapter 18-4 Amended.
No. 798 (Senate Bill No. 38).
AN ACT
To amend Chapter 4 of Title 18 of the Official Code of Georgia
Annotated, relating to garnishment proceedings, so as to provide that
the amount subject to garnishment shall not exceed the amount owed
which shall be shown on the summons; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 4 of Title 18 of the Official Code of Georgia
Annotated, relating to garnishment proceedings, is amended by
adding at the end of Code Section 18-4-20, relating to property
subject to garnishment generally, a new subsection, to be designated
subsection (g), to read as follows:
(g) The summons of garnishment, including a summons of
continuing garnishment, shall on its face state the total amount
GEORGIA LAWS 1984 SESSION
371
claimed to be due at the time of the summons and the amount subject
to garnishment shall not exceed the amount so shown on the sum-
mons of garnishment.
Section 2. Said chapter is further amended by striking in its
entirety paragraph (2) of Code Section 18-4-66, relating to forms for
postjudgment garnishment, and inserting in lieu thereof a new para-
graph (2) to read as follows:
(2) Summons of garnishment.
IN THE COURT OF COUNTY
STATE OF GEORGIA
__________ )
Plaintiff )
)
v. ) Civil action
) File no.
)
- ' )
Defendant )
)
__________ )
Garnishee )
)
__________ )
Address )
SUMMONS OF GARNISHMENT
To: ____________Garnishee
Amount claimed due by plaintiff $_______
(To be completed by plaintiff)
Plus court costs due on the summons $___________
(To be completed by the clerk)
YOU ARE HEREBY COMMANDED to hold immediately
all property, money, wages, except what is exempt, belonging to
the defendant, or debts owed to the defendant named above at the
372
GENERAL ACTS AND RESOLUTIONS, VOL. I
time of service of this summons and between the time of service of
this summons and the time of making your answer. Not sooner
than 30 days but not later than 45 days after you are served with
this summons, you are commanded to file your answer in writing
with the clerk of this court and serve a copy upon the plaintiff or
his attorney named below. Money or other property subject to this
summons should be delivered to the court with your answer.
Should you fail to answer this summons, a judgment will be
rendered against you for the amount the plaintiff claims due by
the defendant.
Witness the Honorable___________, Judge of said Court.
This_________day of________, 19_.
Clerk,
Court of________County
Plaintiffs attorney
Address
Service perfected on
garnishee, this_______
day of__________, 19__.
Deputy marshal, sheriff,
or constable
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 14,1984.
GEORGIA LAWS 1984 SESSION
373
SCHOOL PROPERTY COUNTY BOARDS OF
EDUCATION AUTHORIZED TO EXPEND
EDUCATIONAL FUNDS TO ACQUIRE OR IMPROVE.
Code Section 20-2-520 Amended.
No. 799 (Senate Bill No. 112).
AN ACT
To amend Code Section 20-2-520 of the Official Code of Georgia
Annotated, relating to school property and facilities, so as to autho-
rize county boards of education and area boards of education to
acquire, improve, and sell real or personal property in connection
with the vocational educational curricula or program of 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. Code Section 20-2-520 of the Official Code of Georgia
Annotated, relating to school property and facilities, is amended by
adding at the end thereof a new subsection (c) to read as follows:
(c) In addition to school property and facilities provided for in
subsection (a) of this Code section, a county board of education or an
area board of education is authorized to expend educational funds
available to it for the purpose of acquiring, improving, and selling real
or personal property in connection with its secondary and post-
secondary vocational education curricula or program.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
374
GENERAL ACTS AND RESOLUTIONS, VOL. I
CONSERVATION AND NATURAL RESOURCES**
RESTRICTIONS ON KINDS AND SIZES OF MOTORS
ON CERTAIN WATERS.
Code Section 12-3-10 Amended.
No. 801 (Senate Bill No. 174).
AN ACT
To amend Section 12-3-10 of the Official Code of Georgia Anno-
tated, relating to the requirements applicable to parks, historic sites,
and recreational areas under the custody and control of the Depart-
ment of Natural Resources, so as to specify that electric motors only
may be used on Sweetwater Creek Lake and the 37-acre lake at Hard
Labor Creek; to specify that only electric motors or 10 horsepower or
less gasoline motors may be used on the 275-acre lake at Hard Labor
Creek; to establish hours of operation for certain types of boats at
Little Ocmulgee Lake and the upper 29-acre Magnolia Springs Lake;
to 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 12-3-10 of the Official Code of Georgia
Annotated, relating to the requirements applicable to parks, historic
sites, and recreational areas under the custody and control of the
Department of Natural Resources, is amended by striking the period
at the end of paragraph (6) of subsection (g) and inserting in lieu
thereof a semicolon and by adding at the end of subsection (g) new
paragraphs (7) and (8) to read as follows:
(7) Sweetwater Creek Lake;
(8) Hard Labor Creek Lake (the 37-acre lake).
Section 2. Said Code Section 12-3-10 is further amended by
striking paragraph (3) of subsection (h) and inserting a new para-
graph (3) of subsection (h) to read as follows:
(3) Hard Labor Creek Lake (the 275-acre lake);
GEORGIA LAWS 1984 SESSION
375
Section 3. Said Code Section 12-3-10 is further amended by
striking the period appearing at the end of paragraph (8) of subsec-
tion (h) and inserting in lieu thereof a semicolon and by adding at the
end of said subsection (h) new paragraphs (9) and (10) to read as
follows:
(9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard
time or eastern daylight time, whichever is applicable, and 11:00 A.M.
eastern standard time or eastern daylight time, whichever is applica-
ble, and between 6:00 P.M. eastern standard time or eastern daylight
time, whichever is applicable, and sunset); and
(10) Magnolia Springs Lake (upper lake-29 acres) (between 7:00
A.M. eastern standard time or eastern daylight time, whichever is
applicable, and 11:00 A.M. eastern standard time or eastern daylight
time, whichever is applicable, and between 6:00 P.M. eastern stan-
dard time or eastern daylight time, whichever is applicable, and
sunset).
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 14,1984.
ALCOHOLIC BEVERAGES DISTILLED
SPIRITS SHIPPERS REQUIRED TO
REGISTER LABELS.
Code Chapter 3-6 Amended.
No. 803 (Senate Bill No. 290).
AN ACT
To amend Chapter 4 of Title 3 of the Official Code of Georgia
376
GENERAL ACTS AND RESOLUTIONS, VOL. I
Annotated, relating to distilled spirits, so as to provide for a short
title; to provide for purposes and policies; to require every manufac-
turer or shipper of distilled spirits into the state to register one label
of each brand being shipped into Georgia for the first time and to
establish certain requirements as a condition of such registration; to
empower the commissioner to adopt regulations; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 4 of Title 3 of the Official Code of Georgia
Annotated, relating to distilled spirits, is amended by adding at the
end thereof a new article, to be designated Article 6, to read as follows:
Article 6
3-6-150. This article shall be known and may be cited as the
Georgia Distilled Spirits Distribution Act.
3-6-151. This article is promulgated pursuant to the authority
granted to the state under the provisions of the Twenty-first Amend-
ment to the United States Constitution specifically for the following
purposes and policies:
(1) To prevent unfair business practices, discrimination,
and undue control of one segment of the distilled spirits industry
by any other segment;
(2) To foster vigorous and healthy competition in the dis-
tilled spirits industry;
(3) To promote and keep alive a sound and stable system of
distribution of distilled spirits to the public;
(4) To protect public revenues by facilitating the collection
and accountability of state and local excise taxes; and
(5) To promote the public health, safety, and welfare of the
people of the State of Georgia.
GEORGIA LAWS 1984 SESSION
377
3-6-152. (a) Every manufacturer or shipper shipping distilled
spirits for the first time into the state shall:
(1) Submit to the commissioner one label for each brand of
distilled spirits to be shipped for the first time by the manufac-
turer or shipper into this state;
(2) Designate in the application for registration the sales
territories for each of its brands sold in this state; and
(3) Name one licensed wholesaler in each territory who shall
be the exclusive distributor of the brand within the territory.
(b) Designations of wholesalers and wholesalers territories as
provided in this Code section shall be initially approved by the
commissioner and shall not be changed or initially disapproved
except for cause. The commissioner shall determine cause after a
hearing under regulations promulgated by the commissioner for such
purposes.
3-6-153. The commissioner shall have the authority to adopt
such regulations as are consistent with this article.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
378
GENERAL ACTS AND RESOLUTIONS, VOL. I
DEPARTMENT OF COMMUNITY AFFAIRS
COMPOSITION OF BOARD TERMS OF
MEMBERS, ETC.
Code Section 50-8-4 Amended.
No. 804 (Senate Bill No. 331).
AN ACT
To amend Code Section 50-8-4 of the Official Code of Georgia
Annotated, relating to the Board of Community Affairs, generally, so
as to provide for the composition of the Board of Community Affairs;
to provide for the membership of the board; to provide for the terms
of the members of the board; to provide for filling vacancies on 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. Code Section 50-8-4 of the Official Code of Georgia
Annotated, relating to the Board of Community Affairs, generally, is
amended by striking subsection (b) thereof, which reads as follows:
(b) The Board shall consist of nine members appointed by the
Governor. Three members shall be duly elected officials of municipal-
ities of Georgia; three members shall be duly elected county commis-
sioners of counties in this state or officials fulfilling that function in
counties where no county commission exists; and three members shall
be appointed from the populace at large.,
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) (1) On and after July 1, 1984, the Board of Community
Affairs 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. 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, 1985; two members
representative of congressional districts and one at-large member
GEORGIA LAWS 1984 SESSION
379
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; two members
representative of congressional districts and one at-large member
shall be appointed for a term ending July 1, 1988; and two
members representative of congressional districts and one at-large
member shall be appointed for a term ending July 1, 1989.
Thereafter, 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.
(2) The board shall at all times consist of five members who
are elected officials of municipalities, five members who are
elected officials of counties, and five members from the populace
at large. In appointing members who are elected officials of
municipalities, the Governor may consult with and seek recom-
mendations from the Georgia Municipal Association. In appoint-
ing members who are elected officials of counties, the Governor
may consult with and seek recommendations from the Association
County Commissioners of Georgia.
Section 2. Said Code section is further amended by striking
subsection (c) thereof, which reads as follows:
(c) Board members shall be appointed to terms initially as
follows: three members shall be appointed for a one-year term
expiring on June 30, 1978; three members shall be appointed for a
two-year term expiring on June 30,1979; and three members shall be
appointed for a three-year term expiring on June 30, 1980.
Thereafter, all appointments of board members shall be for three
years.,
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The first members appointed under subsection (b) of this
Code section shall be appointed for terms which begin July 1, 1984.
The members of the Board of Community Affairs serving on April 1,
1984, shall remain in office until July 1,1984, and until their succes-
sors are appointed and qualified.
Section 3. Said Code section is further amended by striking
subsection (f) thereof, which reads as follows:
380
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Board members may be reappointed by the Governor to
additional terms, provided that the reappointment does not alter the
composition of the board as provided for in subsection (b) of this
Code section. Should the Governor decide not to reappoint any board
member upon the expiration of such members term, the following
procedure shall apply:
(1) If the member was a duly elected municipal official, the
Governor shall request a list of three nominees from the Georgia
Municipal Association, from which he shall select one;
(2) If the member was a duly elected county commissioner,
the Governor shall request a list of three nominees from the
Association County Commissioners of Georgia from which list he
shall select one; or
(3) If the member was appointed from the populace at large,
the Governor shall appoint from the populace at large.,
and inserting in lieu thereof a new subsection (f) to read as follows:
(f) Board members may be reappointed by the Governor to
additional terms, provided that the reappointment does not alter the
composition of the board as provided for in subsection (b) of this
Code section. Should the Governor decide not to reappoint any board
member upon the expiration of such members term, the following
procedure shall apply:
(1) If a member was appointed from a congressional district,
the Governor shall appoint from the congressional district; or
(2) If the member was appointed from the state at large, the
Governor shall appoint from the state at large.
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 14,1984.
GEORGIA LAWS 1984 SESSION
381
GEORGIA COMMISSION ON STATE GROWTH
POLICY LAW CREATING COMMISSION AMENDED.
Code Chapter 50-12 Amended.
No. 805 (Senate Bill No. 333).
AN ACT
To amend Article 8 of Chapter 12 of Title 50 of the Official Code of
Georgia Annotated, relating to the Georgia Commission on State
Growth Policy, so as to provide for legislative findings and declara-
tions; to provide for powers and duties of the commission; to change
the membership, manner of selection, and other matters relative to
the board; to provide for compensation for members of the board; to
change the date on which the commission shall be terminated; 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 8 of Chapter 12 of Title 50 of the Official Code
of Georgia Annotated, relating to the Georgia Commission on State
Growth Policy, is amended by striking in its entirety subsection (a) of
Code Section 50-12-131, relating to legislative findings and declara-
tions, which reads as follows:
(a) The General Assembly finds and declares that there is a
need for an official body to:
(1) Advise the executive and legislative branches of state
government on the roles of state and local governments in the
provision of orderly growth and development in our state;
(2) Study problems and recommend solutions concerning
intergovernmental aspects of governmental structure, finance,
functions, and relationships at the local, regional, state, and
interstate levels;
(3) Establish a regular system of reporting to state and local
public officials on the progress of Georgia and its political subdivi-
sions toward meeting their intergovernmental responsibilities;
382
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.,
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) The General Assembly finds and declares that there is a
need for an official body to:
(1) Examine the growth and development that is taking
place within the State of Georgia to determine its impact on the
natural and human resources of our state;
(2) Examine policies that exist at the state and local level
that promote or inhibit the growth and development of the state;
(3) Catalog and review the incentives that exist at the state
and local level to promote or direct growth and development;
(4) Examine policies of the federal government that impact
the growth and development of the State of Georgia;
(5) Examine what other states are doing with respect to
growth and development in order to ascertain our competitive
position;
(6) Examine the types of development that are likely to take
place in the future in Georgia and determine their potential
impact;
(7) Examine ways in which the state can assist localities in
the furtherance of their economic development goals and objec-
tives; and
(8) Examine the status of intergovernmental relations
within the State of Georgia to determine whether the policies of
the various levels of government are in conflict and, if so, to make
recommendations, i
GEORGIA LAWS 1984 SESSION
383
Section 2. Said article is further amended by striking in its
entirety Code Section 50-12-132, relating to the commission, gener-
ally, which reads as follows:
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
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.,
384
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new Code Section 50-12-132 to read as
follows:
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 21 members as follows: the chair-
man of the Senate Economic Development and Tourism Committee;
the chairman of the House of Representatives Industry Committee;
the chairman of the Senate Federal, State, and Community Affairs
Committee; the chairman of the House of Representatives State
Planning and Community Affairs Committee; the commissioners of
the Department of Industry and Trade, the Department of Commu-
nity Affairs, the Department of Natural Resources, the Department
of Transportation, and the Department of Agriculture; the directors
of the Environmental Protection Division of the Department of
Natural Resources, the Office of Planning and Budget, and the State
Forestry Commission; and the executive director of the Georgia
Development Authority, all of whom shall be ex officio voting mem-
bers; and eight members appointed by the Governor, two of whom
shall be elected city officials and two of whom shall be elected county
officials.
(b) Members of the General Assembly shall be appointed to
terms which correspond to their terms of office. Members appointed
by the Governor shall be appointed to two-year terms.
(c) If a representative of the counties or of the cities or a
legislator ceases to be an officer or a member of the unit he is
appointed to represent, his membership on the commission shall
terminate immediately and there will be a vacancy in the member-
ship. Within 30 days, such vacancy shall be filled in the manner of the
regular appointment; and the person so appointed shall serve only to
the end of the unexpired term and until his successor is appointed
and qualified. All members may be reappointed.
(d) The Governor shall appoint a chairman and a vice-chairman
and such other officers as he may deem necessary. The chairman and
vice-chairman shall serve for one year and may be reappointed. If
both the chairman and the vice-chairman are absent at any meeting,
the members present shall elect a temporary chairman by a majority
vote.
GEORGIA LAWS 1984 SESSION
385
(e) Ten members of the commission shall constitute a quorum.
(f) 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 compensa-
tion, per diem, expenses, and allowances authorized for legislative
members of interim legislative committees. All other members of the
commission shall be entitled to reimbursement for actual costs incur-
red in attendance at meetings of the commission, but such reimburs-
ement shall not exceed $59.00 per day.
Section 3. Said article is further amended by striking in its
entirety subsection (a) of Code Section 50-12-133, relating to the
duties and functions of the commission, which reads as follows:
(a) The commission shall:
(1) Serve as a forum for the discussion and study of inter-
governmental problems, focusing on intergovernmental relations,
growth and development of the state fiscal policies, service deliv-
ery, and the relations between urban and rural areas;
(2) Examine proposed and existing federal and state pro-
grams, assess their impact upon the state and its political subdivi-
sions, and provide for such assessments and recommendations,
when appropriate, to the General Assembly, the Governor, or any
other group, public or private, whose activities affect inter-
governmental relations;
(3) Encourage the coordination of studies relating to inter-
governmental relations conducted by universities; state, local, and
federal agencies; and research and consulting organizations;
(4) Issue annual reports of its findings and recommenda-
tions to be transmitted to the Governor and the presiding officer
of each house of the General Assembly not less than 30 days prior
to the convening of each regular session of the General Assembly.
Such report shall set forth the reasons and supporting data for
each recommendation and shall, if appropriate, include draft
legislation to implement such recommendations;
386
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.,
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) The commission shall:
(1) Serve as the official body to carry out the functions
specified in subsection (a) of Code Section 50-12-131;
(2) Encourage the coordination of studies relating to growth
and development conducted by universities; state, local, and
federal agencies; and research and consulting organizations;
(3) Issue special or interim reports on special studies as it
may deem appropriate; and
(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 reports shall set forth the reasons and supporting data for
each recommendation and shall, if appropriate, include draft
legislation to implement such recommendations.
Section 4. Said article is further amended by striking in its
entirety Code Section 50-12-137, relating to the termination of the
Georgia Commission on State Growth Policy, and inserting in lieu
thereof a new Code Section 50-12-137 to read as follows:
50-12-137. The provisions of this article and the Georgia Com-
mission on State Growth Policy shall be continued until June 30,
1985, at which time the commission and this article shall be termi-
nated and stand repealed in their entirety.
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1984 SESSION
387
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
UNIFORM RECIPROCAL ENFORCEMENT OF
SUPPORT DUTY OF COURT ACTING AS
RESPONDING STATE.
Code Section 19-11-61 Amended.
No. 806 (Senate Bill No. 369).
AN ACT
To amend Article 2 of Chapter 11 of Title 19 of the Official Code of
Georgia Annotated, the Uniform Reciprocal Enforcement of Sup-
port Act, so as to provide that a court of this state, acting as a
responding state, shall transfer the documents received by it if it
discovers that the respondent or his property may be found in
another county of this state or in another state; 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 19 of the Official Code
of Georgia Annotated, the Uniform Reciprocal Enforcement of
Support Act, is amended by striking Code Section 19-11-61, relating
to procedures in responding courts unable to obtain jurisdiction, and
inserting in its place a new Code section to read as follows:
19-11-61. (a) If a court of this state, acting as a responding
state, is unable to obtain jurisdiction of the respondent or his prop-
erty, due to inaccuracies or inadequacies in the petition or otherwise,
the court shall communicate this fact to the court in the initiating
state, shall on its own initiative use all means at its disposal to trace
388
GENERAL ACTS AND RESOLUTIONS, VOL. I
the respondent or his property, and shall hold the case pending the
receipt of more accurate information or an amended petition from the
court in the initiating state or information from the district attorney
that the matter should be transferred as provided in subsection (b) of
this Code section. The local police authorities and the state police
shall cooperate with the court in locating any respondent alleged by
petition to be present in this state.
(b) If the respondent or his property is not found in the county
and the district attorney discovers that the respondent or his prop-
erty may be found in another county of this state or in another state,
the district attorney shall so inform the court. If the district attorney
so informs the court, the clerk of court shall forward the documents
received from the court in the initiating state to the superior court in
the county of this state or to the appropriate court, information
agency, or other proper officials of another state where the defendant
or his property may be found. A clerk of court who so forwards
documents shall give notice to the court from which the documents
were received that the documents have been so forwarded.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
SOLICITORS OF STATE COURTS LEGAL
EXPERIENCE QUALIFICATIONS CHANGED.
Code Section 15-7-24 Amended.
No. 807 (Senate Bill No. 371).
AN ACT
To amend Code Section 15-7-24 of the Official Code of Georgia
Annotated, relating to solicitors of state courts, so as to change the
GEORGIA LAWS 1984 SESSION
389
legal experience qualification for the office of solicitor; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-7-24 of the Official Code of Georgia
Annotated, relating to solicitors of state courts, is amended by
striking subsection (b) and inserting in its place a new subsection to
read as follows:
(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 one year.
Section 2. This Act shall become effective May 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
EQUINE DISEASES BOND REQUIRED OF
DEALERS, BROKERS AND SALES ESTABLISHMENTS.
Code Section 4-4-113 Amended.
No. 808 (Senate Bill No. 375).
AN ACT
To amend Article 3 of Chapter 4 of Title 4 of the Official Code of
Georgia Annotated, relating to equine diseases and regulation of sales
and purchases of equines, so as to change the amount of bond
required to be posted by equine dealers, brokers, and sales establish-
390
GENERAL ACTS AND RESOLUTIONS, VOL. I
ment operators; to provide for bonds for special sales; 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. Article 3 of Chapter 4 of Title 4 of the Official Code of
Georgia Annotated, relating to equine diseases and regulation of sales
and purchases of equines, is amended by striking Code Section 4-4-
113 which reads as follows:
4-4-113. No livestock market operator engaged in the sale of
equines shall engage in or carry on such business without first
applying for and obtaining a license from the Commissioner; no
equine dealer or broker who buys or sells through a livestock market
operator shall engage in or carry on such business without first
applying for and obtaining a license from the Commissioner, provided
that such licenses shall be permanent until canceled, suspended,
revoked, or surrendered; such licenses shall be nontransferable and
free of charge. Any person, firm, or corporation commencing opera-
tion of a new sales establishment for the sale of equines at auction and
any dealer or broker commencing such a business shall, prior to
obtaining a license, post a bond of $5,000.00 and within 60 days after
the issuance of a license post a bond for the first year of operation in
an amount equal to one-fourth of the total volume of business for the
first four weeks of operation, provided that the minimum bond shall
be $5,000.00 and the maximum bond shall not be required to exceed
$50,000.00. The provisions of this Code section requiring the posting
of a bond shall not apply to any authorized agent of a person, firm, or
corporation having posted the bond required by this Code section,
when such agent is acting for and on behalf of such principal.,
and inserting in its place a new Code section to read as follows:
4-4-113. (a) No livestock market operator engaged in the sale
of equines shall engage in or carry on such business without first
applying for and obtaining a license from the Commissioner; no
equine dealer or broker who buys or sells through a livestock market
operator shall engage in or carry on such business without first
applying for and obtaining a license from the Commissioner, provided
that such licenses shall be permanent until canceled, suspended,
revoked, or surrendered; such licenses shall be nontransferable and
free of charge. Any person, firm, or corporation commencing opera-
tion of a new sales establishment for the sale of equines at auction and
GEORGIA LAWS 1984 SESSION
391
any dealer or broker commencing such a business shall, prior to
obtaining a license, post a bond as required by this Code section. The
provisions of this Code section requiring the posting of a bond shall
not apply to any authorized agent of a person, firm, or corporation
having posted the bond required by this Code section, when such
agent is acting for and on behalf of such principal.
(b) No person shall operate a sales establishment for the sale of
equines 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;
(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; or
(3) An amount calculated under paragraph (1) or (2) of this
subsection, if not a multiple of $5,000.00, shall be rounded to the
nearest higher multiple of $5,000.00.
(c) No dealer or broker shall purchase equines 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;
(3) Adjust the amount obtained under paragraph (2) of this
subsection as follows:
392
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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;
(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; and
(4) An amount calculated under paragraph (3) of this sub-
section, if not a multiple of $5,000.00, shall be rounded up to the
nearest multiple of $5,000.00.
(d) Any equine dealer, broker, or sales establishment operator
who would otherwise be required by this Code section to post a bond
and who has posted a current livestock dealers, brokers, or sales
establishments bond under Chapter 6 of this title shall not be
required to post any bond under this Code section if such livestock
dealers, brokers, or sales establishments bond, in addition to meet-
ing all requirements of Chapter 6 of this title, meets the requirements
of paragraph (1) of Code Section 4-4-111.
(e) In calculating amounts of bonds under this Code section, 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.
(f) (1) As used in this subsection, the term special sale means
any sale of equines, except a regular sale at an establishment and
any sale by a farmer of equines owned by the farmer, with
payment made directly to the farmer.
(2) The Commissioner is authorized to prescribe rules and
regulations for the operation of special sales. No person shall hold
a special sale without obtaining a permit therefor from the Com-
missioner or his duly authorized representative, which shall be
GEORGIA LAWS 1984 SESSION
393
granted without charge upon submission of proof satisfactory to
the Commissioner that the person applying for the permit is
bonded in an amount equal to one-fourth of the anticipated
proceeds of the sale; provided, however, such bond shall be not less
than $10,000.00 and not more than $150,000.00 in amount.
(3) Associations holding sales of equines consigned by mem-
bers 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.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
LABOR AND INDUSTRIAL RELATIONS PRIVATE
EMPLOYMENT AGENCIES TERMINATION DATE
OF STATE ADVISORY COUNCIL.
Code Section 34-10-16 Amended.
No. 809 (Senate Bill No. 376).
AN ACT
To amend Chapter 10 of Title 34 of the Official Code of Georgia
Annotated, relating to private employment agencies, so as to change
the termination date of the State Employment Agency Advisory
Council and the date of repeal of laws relating to such council; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
394
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 10 of Title 34 of the Official Code of Georgia
Annotated, relating to private employment agencies, is amended by
striking in its entirety Code Section 34-10-16, relating to the termina-
tion date of the State Employment Agency Advisory Council, and
inserting in lieu thereof a new Code Section 34-10-16 to read as
follows:
34-10-16. 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 Employment Agency Advis-
ory Council shall be terminated on July 1,1985, and this chapter 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 14,1984.
GENERAL ASSEMBLY COMPOSITION OF
CERTAIN STATE SENATE DISTRICTS CHANGED.
Code Section 28-2-2 Amended.
No. 811 (Senate Bill No. 388).
AN ACT
To amend Code Section 28-2-2 of the Official Code of Georgia
Annotated, relating to apportionment of the Senate and qualifica-
tions of its members, so as to change the composition of certain state
Senate districts; to provide an effective date and applicability; to
repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
395
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 28-2-2 of the Official Code of Georgia
Annotated, relating to apportionment of the Senate and qualifica-
tions of its members, is amended by striking from subsection (a) the
descriptions of Senate Districts 10 and 13 and inserting in lieu thereof
the following new descriptions of said districts:
District No. 10
Colquitt
That part of Tract 9901 outside the
City of Moultrie
Tract 9902
Blocks 101 through 105
Tract 9903
Blocks 101, 105 through 110, 113 through
116, and 118
Block Group 2
That part of Block 305 which lies
west of the Ochlocknee River
Blocks 306 through 316
That part of Block 317 within the
City of Doerun
That part of Block 317 outside the
City of Doerun which lies west of
Ochlocknee River
Those parts of Blocks 326 and 331 which
lie west of the Ochlocknee River
Block 334
Block Group 4
That part of Block 501 which lies
west of the Ochlocknee River
Blocks 502 through 531
Block Groups 6 and 7
Those parts of Tracts 9904 through 9906
outside the City of Moultrie
Decatur
Grady
Thomas
396
GENERAL ACTS AND RESOLUTIONS, VOL. I
District No. 13
Ben Hill
Colquitt
That part of Tract 9901 within
the City of Moultrie
Tract 9902
Blocks 106 through 108, 110 through
120, and 122 through 137
Block Groups 2 through 6
Tract 9903
Blocks 102 through 104, 111, 112, and
302 through 304
That part of Block 305 which lies
east of the Ochlocknee River
That part of Block 317 outside the City
of Doerun which lies east of the
Ochlocknee River
Blocks 318 through 325
That part of Block 326 which lies east
of the Ochlocknee River
Blocks 327 through 330
That part of Block 331 which lies east
of the Ochlocknee River
Blocks 332 and 333
That part of Block 501 which lies east
of the Ochlocknee River
Those parts of Tracts 9904 through 9906
within the City of Moultrie
Crisp
Dooly
Irwin
Turner
Worth
GEORGIA LAWS 1984 SESSION
397
Section 2. 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 Senate held on and after its
effective date.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
CRIMES AND OFFENSES PUNISHMENT FOR
INVOLUNTARY MANSLAUGHTER CHANGED.
Code Section 16-5-3 Amended.
No. 812 (Senate Bill No. 405).
AN ACT
To amend Code Section 16-5-3 of the Official Code of Georgia
Annotated, relating to involuntary manslaughter, so as to change the
punishment for the offense of involuntary manslaughter in the com-
mission of an unlawful act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-5-3 of the Official Code of Georgia
Annotated, relating to involuntary manslaughter, is amended by
striking said Code section in its entirety and inserting in lieu thereof a
new Code Section 16-5-3 to read as follows:
398
GENERAL ACTS AND RESOLUTIONS, VOL. I
16-5-3. (a) A person commits the offense of involuntary man-
slaughter in the commission of an unlawful act when he causes the
death of another human being without any intention to do so by the
commission of an unlawful act other than a felony. A person who
commits the offense of involuntary manslaughter in the commission
of an unlawful act, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than ten years.
(b) A person commits the offense of involuntary manslaughter
in the commission of a lawful act in an unlawful manner when he
causes the death of another human being without any intention to do
so, by the commission of a lawful act in an unlawful manner likely to
cause death or great bodily harm. A person who commits the offense
of involuntary manslaughter in the commission of a lawful act in an
unlawful manner, 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 14,1984.
CONSERVATION AND NATURAL RESOURCES ssa
OIL AND GAS AND DEEP DRILLING ACT OF
1975 AMENDED.
Code Chapter 12-4 Amended.
No. 813 (Senate Bill No. 419).
AN ACT
To amend Part 2 of Article 2 of Chapter 4 of Title 12 of the Official
Code of Georgia Annotated, known as the Oil and Gas and Deep
Drilling Act of 1975, so as to provide for definitions; to change the
provisions relating to the powers of the Board of Natural Resources;
GEORGIA LAWS 1984 SESSION
399
to provide that the board may delegate to the director of the Environ-
mental Protection Division of the Department of Natural Resources
certain duties and powers; to change the provisions relating to
records, permits, orders, and enforcement actions; to change the
provisions relating to confidentiality of records; to change the provi-
sions relating to bonds; to change the provisions relating to adminis-
trative and judicial hearings, procedure, and review; to change the
provisions relating to penalties; to change the provisions relating to
applicability of certain laws; 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 2 of Article 2 of Chapter 4 of Title 12 of the
Official Code of Georgia Annotated, known as the Oil and Gas and
Deep Drilling Act of 1975, is amended by inserting in Code Section
12-4-42, relating to definitions, a new paragraph (1.1) to read as
follows:
(1.1) Director means the director of the Environmental Pro-
tection Division of the Department of Natural Resources.
Section 2. Said part is further amended by striking paragraph
(5) of Code Section 12-4-43, relating to powers of the board as to deep
drilling, and inserting in lieu thereof a new paragraph (5) to read as
follows:
(5) The board may delegate to the director the administrative
duties and powers, including, without limitation, the power to con-
sider and issue permits to drill wells and to establish drilling and
operation units, created under the authority of this part.
Section 3. Said part is further amended by striking paragraphs
(15) and (16) of Code Section 12-4-44, relating to the adoption and
promulgation of rules and regulations, and inserting in lieu thereof
new paragraphs (15) and (16) to read as follows:
(15) To require that accurate records be kept on forms to be
prescribed by the director, which records shall be reported to the
director within the time specified in such rules and regulations;
reports shall include such information as the director may prescribe,
including, but not limited to, information concerning cuttings, sub-
surface samples, and lithologic and geophysical logs;
400
GENERAL ACTS AND RESOLUTIONS, VOL. I
(16) To require that geologic and testing information obtained
from a well regulated under this part be held in confidence by the
director for a period of at least six months from the time of drilling to
total depth, or, if the director approves, a longer period, if the
operator makes a written request for the same stating the length of
the extension desired and the reasons therefor; provided, however,
that the guarantee of confidentiality provided for in this paragraph
shall in no way impair the ability of the board or the director to
enforce this part;.
Section 4. Said part is further amended by striking Code
Section 12-4-46, relating to drilling permits for oil and gas wells, in its
entirety and inserting in lieu thereof a new Code Section 12-4-46 to
read as follows:
12-4-46. (a) Before any well covered by this part may be
drilled, the person desiring to drill the well shall apply to the director
for a drilling permit, using such forms as the director may prescribe,
and shall pay a fee of $25.00 for each permit.
(b) The director shall, within 30 days after the receipt of a
properly completed application from any person desiring to drill a
well covered by this part, either issue or deny a permit for the well.
(c) In issuing or denying a permit for the drilling of a well
covered by this part, the director shall consider the extent to which
the proposed well complies with this part, all rules and regulations
adopted and promulgated pursuant hereto, or any order hereunder.
(d) In issuing a permit for the drilling of any well covered by this
part, the director shall specify therein such terms and conditions as
he deems necessary to receive the permit and to lawfully operate
thereunder. Any permit issued under this Code section shall become
final unless the person or persons named therein request in writing a
hearing before an administrative law judge appointed by the board no
later than 30 days after the issuance of such permit.
(e) The director shall have the power and the authority to revoke
a permit for noncompliance with any of the provisions of this part,
any rules and regulations promulgated under this part, or the special
conditions contained in any permit.
GEORGIA LAWS 1984 SESSION
401
(f) The issuance of a permit under this part in no way indicates a
determination by the director as to property or contractual rights of
the applicant to drill such a well at the designated location.
Section 5. Said part is further amended by striking subsection
(b) of Code Section 12-4-47, relating to bonds for persons conducting
drilling operations, and inserting in lieu thereof a new subsection (b)
to read as follows:
(b) Any bond required under this part shall be released two
years from the date of receipt by the director of all geological
information required under this part or any rule or regulation
adopted pursuant to this part; provided, however, that the director
shall have examined and approved the abandoned well for which the
bond was furnished.
Section 6. Said part is further amended by striking subsections
(a), (b), (c), and (d) and paragraph (1) of subsection (e) of Code
Section 12-4-48, relating to administrative proceedings to enforce the
Oil and Gas and Deep Drilling Act of 1975, and inserting in lieu
thereof new subsections (a), (b), (c), and (d) and a new paragraph (1)
of subsection (e) to read as follows:
(a) Whenever the director has reason to believe that any person
is violating the provisions of this part or any rule or regulation
adopted pursuant hereto, the director may issue an administrative
order to that person. The order shall specify the provisions of this
part alleged to have been violated and shall order that corrective
action be taken within a reasonable period of time prescribed in the
order. Any such order shall become final and enforceable unless the
person or persons named therein request in writing a hearing before
an administrative law judge appointed by the board no later than 30
days after the issuance of the order.
(b) Whenever the director finds that an emergency exists requir-
ing immediate action to protect the public interest, the director may
issue a provisional order reciting the existence of such an emergency
and requiring that such action be taken as is reasonably necessary to
meet tbe emergency under the circumstances, provided that such an
emergency order shall be issued only after an affidavit has been filed
with the director showing specific facts of such an emergency condi-
tion. Such order shall be effective immediately. Any person against
whom such order is directed shall upon appropriate notice comply
402
GENERAL ACTS AND RESOLUTIONS, VOL. I
therewith immediately but on application to the director shall be
afforded a hearing before an administrative law judge appointed by
the board within ten days of receipt of such application by the
director, or, if the party applying so requests, within 48 hours of
receipt of such application by the director. Prior to such hearing, the
director shall be authorized to modify or revoke such order. After the
hearing, the administrative law judge shall be authorized to make
such order as is just and reasonable, including an order continuing,
revoking, or modifying such provisional order.
(c) Whenever the director has reason to believe that any person
is violating any provision of this part or any rule or regulation adopted
pursuant hereto, the director may bring an action against such person
in the proper superior court to restrain such person or persons from
continuing such violations. In such action, the director may seek
injunctions, including temporary restraining orders and temporary
injunctions, without the necessity for showing lack of an adequate
remedy at law.
(d) Any person who willfully or negligently violates any provi-
sion of this part, any rule or regulation adopted hereunder, or any
permit or final or emergency order of the director shall be subject to a
civil penalty of not less than $50.00, but in any event not to exceed
$10,000.00 for each act of violation. Each day of continued violation
shall subject such person to a separate civil penalty. An administra-
tive law judge appointed by the board, after a hearing shall determine
whether or not any person has violated any provision of this part or
any rule or regulation adopted hereunder or any permit or final or
emergency order of the director, and shall upon proper finding issue
an order imposing such civil penalties as provided in this Code
section. Any person so penalized under this Code section is entitled to
judicial review. In this connection, all hearings and proceedings for
judicial review under this Code section shall be in accordance with
Chapter 13 of Title 50, the Georgia Administrative Procedure Act.
All civil penalties recovered by the director as herein provided by this
chapter shall be paid into the state treasury to the credit of the
general fund.
(e) (1) In addition to any other enforcement remedy available
to the director under this part, all illegal minerals and illegal
products are declared to be contraband and forfeited to the state
and shall be confiscated and seized by any peace officer who shall
forthwith deliver it to the director or his duly authorized agent
within ten days of the seizure.
GEORGIA LAWS 1984 SESSION
403
Section 7. Said part is further amended by striking Code
Section 12-4-49, relating to the applicability of the Georgia Adminis-
trative Procedure Act, in its entirety and inserting in lieu thereof a
new Code Section 12-4-49 to read as follows:
12-4-49. In the administration and enforcement of this part, all
hearings before an administrative law judge shall be subject to
Chapter 13 of Title 50, the Georgia Administrative Procedure Act.
Any party to said hearings (including the director) shall have the
right of judicial review in accordance with Chapter 13 of Title 50.
Section 8. Said part is further amended by striking Code
Section 12-4-50, relating to contested hearings, in its entirety and
inserting in lieu thereof a new Code Section 12-4-50 to read as follows:
12-4-50. In any contested administrative hearing under this
part, no person shall be excused from attending and testifying, or
from producing books, papers, and records before the administrative
law judge, or from obedience to the subpoena of the administrative
law judge, on the ground or for the reason that the testimony or
evidence, documentary or otherwise, required by him may tend to
incriminate him or subject him to a penalty or forfeiture, provided
that nothing contained in this Code section shall be construed as
requiring any person to produce any books, papers, or records, or to
testify in response to any inquiry, not pertinent to a question lawfully
before the administrative law judge for determination. No evidence
given by or required of any natural person shall be used or admitted
against such a person in any criminal prosecution for any transaction,
matter, or thing concerning which he may be required to testify or
produce evidence, documentary or otherwise, before the administra-
tive law judge in obedience to its subpoena; provided, however, that
no person testifying shall be exempt from prosecution and punish-
ment for perjury committed in so testifying.
Section 9. Said part is further amended by striking Code
Section 12-4-51, relating to the effect of the Oil and Gas and Deep
Drilling Act of 1975 on other laws, in its entirety and inserting in lieu
thereof a new Code Section 12-4-51 to read as follows:
12-4-51. Any provision of Part 2 of Article 3 of Chapter 5 of
Title 12 which is inconsistent with this part shall not be repealed by
this part and shall govern over this part.
404
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 10. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 14,1984.
CONSERVATION AND NATURAL RESOURCES DUTIES
OF ENVIRONMENTAL PROTECTION DIVISION
PROCEDURES, ETC.
Code Titles 12 and 27 Amended.
No. 814 (Senate Bill No. 420).
AN ACT
To amend Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, and to amend Title 27
of the Official Code of Georgia Annotated, known as the Game and
Fish Code, so as to change the provisions relating to the Environ-
mental Protection Division of the Department of Natural Resources
and the director of the division; to change the provisions relating to
administrative procedures and administrative review of orders or
actions of the commissioner of natural resources, the director of the
Environmental Protection Division, the Shore Assistance Committee,
and the Coastal Marshlands Protection Committee; to provide for
practices and procedures; to provide for review of decisions or actions
by administrative law judges; to provide for their appointment; to
provide for hearings; to provide for qualifications; to provide for
judicial review; to provide for definitions; to provide for civil penalties
and the practices and procedures connected therewith; to provide for
inspection warrants and the practices and procedures connected
therewith; to provide for execution of inspection warrants; to provide
for penalties; to provide for certification of pollution control facilities
GEORGIA LAWS 1984 SESSION
405
and related matters; to provide that certain orders may be made
orders of superior courts; to change the provisions relating to permits
for withdrawal and diversion of surface waters and judicial reviews
and administrative hearings in connection therewith; to change the
provisions relating to the Coastal Marshlands Protection Committee
and its powers, duties, practices, and procedures; to change the
provisions relating to enforcement of the game and fish laws and
practices, procedures, and administrative orders in connection
therewith; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 12 of the Official Code of Georgia Annotated,
relating to conservation and natural resources, is amended by striking
subsection (c) of Code Section 12-2-2, relating to the creation of the
Environmental Protection Division of the Department of Natural
Resources and the office of the director of the division, and inserting
in lieu thereof new subsections (c) and (d) to read as follows:
(c) (1) The director shall issue all orders and shall grant,
deny, revoke, or amend all permits or variances provided for in the
laws to be enforced by the division. The director shall also issue
any certification which is required by any law of this state or the
United States to be issued by the director, the Department of
Natural Resources, or the State of Georgia relating to pollution
control facilities or matters.
(2) Any person who is aggrieved or adversely affected by
any order or action of the director shall, upon petition within 30
days after the issuance of such order or the taking of such action,
have a right to a hearing before an administrative law judge
appointed by the Board of Natural Resources. The hearing before
the administrative law judge shall be conducted in accordance
with Chapter 13 of Title 50, the Georgia Administrative Proce-
dure Act and the rules and regulations adopted by the board
pursuant thereto. Any administrative law judge so appointed by
the board shall fully meet and qualify as to all applicable conflict
of interest requirements provided for in Section 304(h)(2)(D) of
the Federal Water Pollution Control Act of 1972, as amended, and
the rules, regulations, and guidelines promulgated thereunder.
The decision of the administrative law judge shall constitute the
406
GENERAL ACTS AND RESOLUTIONS, VOL. I
final decision of the board and any party to the hearing, including
the director, shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50.
(3) Persons are aggrieved or adversely affected where the
challenged action has caused or will cause them injury in fact and
where the injury is to an interest within the zone of interests to be
protected or regulated by the statutes that the director is empow-
ered to administer and enforce. In the event the director asserts in
response to the petition before the administrative law judge that
the petitioner is not aggrieved or adversely affected, the adminis-
trative law judge shall take evidence and hear arguments on this
issue and thereafter make a ruling on this issue before continuing
with the hearing. The burden of going forward with evidence on
this issue shall rest with the petitioner.
(4) Notwithstanding any other law to the contrary, in seek-
ing civil penalties for the violation of those laws to be enforced by
the division and where the imposition of such penalties is provided
for therein, the director upon written request may cause a hearing
to be conducted before an administrative law judge appointed by
the Board of Natural Resources for the purpose of determining
whether such civil penalties should be imposed in accordance with
the law there involved. The hearing before the administrative law
judge shall be conducted in accordance with Chapter 13 of Title
50, the Georgia Administrative Procedure Act and the rules and
regulations adopted by the board pursuant thereto. The decision
of the administrative law judge shall constitute the final decision
of the board and any party to the hearing, including the director,
shall have the right of judicial review thereof in accordance with
Chapter 13 of Title 50.
(d) Whenever the Constitution and laws of the United States or
the State of Georgia require the issuance of a warrant to make an
inspection under any law administered by the director, the procedure
set forth in paragraphs (1) through (7) of this subsection shall be
employed.
(1) The director or any person authorized to make inspec-
tions for the division shall make application for an inspection
warrant to a person who is a judicial officer within the meaning of
Code Section 17-5-21.
GEORGIA LAWS 1984 SESSION
407
(2) An inspection warrant shall be issued only upon cause
and when supported by an affidavit particularly describing the
place, dwelling, structure, premises, or vehicle to be inspected and
the purpose for which the inspection is to be made. In addition,
the affidavit shall contain either a statement that consent to
inspect has been sought and refused or facts or circumstances
reasonably justifying the failure to seek such consent. Cause shall
be deemed to exist if either reasonable legislative or administra-
tive standards for conducting a routine or area inspection are
satisfied with respect to the particular place, dwelling, structure,
premises, or vehicle, or there is reason to believe that a condition
of nonconformity exists with respect to the particular place,
dwelling, structure, premises, or vehicle.
(3) An inspection warrant shall be effective for the time
specified therein, but not for a period of more than 14 days, unless
extended or renewed by the judicial officer who signed and issued
the original warrant, upon satisfying himself that such extension
or renewal is in the public interest. Such inspection warrant must
be executed and returned to the judicial officer by whom it was
issued within the time specified in the warrant or within the
extended or renewed time. After the expiration of such time, the
warrant, unless executed, is void.
(4) An inspection pursuant to an inspection warrant shall be
made between 8:00 A.M. and 6:00 P.M. of any day or at any time
during operating or regular business hours. An inspection should
not be performed in the absence of an owner or occupant of the
particular place, dwelling, structure, premises, or vehicle unless
specifically authorized by the judicial officer upon a showing that
such authority is reasonably necessary to effectuate the purpose of
the regulation being enforced. An inspection pursuant to a
warrant shall not be made by means of forcible entry, except that
the judicial officer may expressly authorize a forcible entry where
facts are shown which are sufficient to create a reasonable suspi-
cion of a violation of this title, which, if such violation existed,
would be an immediate threat to health or safety, or where facts
are shown establishing that reasonable attempts to serve a previ-
ous warrant have been unsuccessful. Where prior consent has
been sought and refused and a warrant has been issued, the
warrant may be executed without further notice to the owner or
occupant of the particular place, dwelling, structure, premises, or
vehicle to be inspected.
408
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) It shall be unlawful for any person to refuse to allow an
inspection pursuant to an inspection warrant issued as provided in
this subsection. Any person violating this paragraph shall be
guilty of a misdemeanor.
(6) Under this subsection, an inspection warrant is an order,
in writing, signed by a judicial officer, directed to the director or
any person authorized to make inspections for the division, and
commanding him or her to conduct any inspection required or
authorized by this title or regulations promulgated pursuant to
this title.
(7) Nothing in this subsection shall be construed to require
an inspection warrant when a warrantless inspection is authorized
by law or a permit issued under this title.
Section 2. Said title is further amended by striking subsection
(o) of Code Section 12-5-31, relating to permits for withdrawal and
diversion of surface waters, in its entirety and inserting in lieu thereof
a new subsection (o) to read as follows:
(o) All administrative hearings and reviews and judicial reviews
occurring as a result of actions taken by the director under this Code
section shall be conducted in accordance with subsection (c) of Code
Section 12-2-2.
Section 3. Said title is further amended by striking Code
Section 12-5-45, relating to judgments on final orders of the Environ-
mental Protection Division of the Department of Natural Resources
under the Georgia Water Quality Control Act, in its entirety and
inserting in lieu thereof a new Code Section 12-5-45 to read as follows:
12-5-45. The division may file in the superior court in the
county in which the person under order resides, or in the county in
which the violation occurred or, if the person is a corporation, in the
county in which the corporation maintains its principal place of
business, a certified copy of a final order of the director or the
administrative law judge unappealed from or of a final order of the
administrative law judge affirmed upon appeal, whereupon the court
shall render judgment in accordance therewith and notify the parties.
The 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.
GEORGIA LAWS 1984 SESSION
409
Section 4. Said title is further amended by striking Code
Section 12-5-243, relating to administrative and judicial review of
actions by the Shore Assistance Committee, in its entirety and
inserting in lieu thereof a new Code Section 12-5-243 to read as
follows:
12-5-243. (a) Any person who is aggrieved or adversely
affected by any order or action of the committee shall, upon petition
within 30 days after the issuance of such order or taking of such
action, have a right to a hearing before an administrative law judge
appointed by the Board of Natural Resources. The hearing before the
administrative law judge shall be conducted in accordance with
Chapter 13 of Title 50, the Georgia Administrative Procedure Act
and the rules and regulations adopted by the board pursuant thereto.
The decision of the administrative law judge shall constitute the final
decision of the board and any party to the hearing, including the
committee, shall have the right of judicial review thereof in accord-
ance with Chapter 13 of Title 50.
(b) Where a local unit of government has, pursuant to this part,
granted, suspended, modified, extended, conditioned, or denied a
permit, any person aggrieved or adversely affected by such action
shall be afforded a right to administrative and judicial review of such
action.
(c) Persons are aggrieved or adversely affected where the chal-
lenged action has caused or will cause them injury in fact and where
the injury is to an interest within the zone of interests to be protected
or regulated by this part. In the event the committee or local unit of
government, as appropriate, asserts in response to the petition before
the administrative law judge that the petitioner is not aggrieved or
adversely affected, the administrative law judge shall take evidence
and hear arguments on this issue and thereafter make a ruling on this
issue before continuing with the hearing. The burden of going
forward with evidence on this issue shall rest with the petitioner.
Section 5. Said title is further amended by striking Code
Section 12-5-282, relating to the creation, membership, powers,
administrative hearings and review of the Coastal Marshlands Pro-
tection Committee, in its entirety and inserting in lieu thereof a new
Code Section 12-5-282 to read as follows:
410
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-5-282. (a) There is created the Coastal Marshlands Pro-
tection Committee to be composed of three members. The commis-
sioner of natural resources and the director of the Environmental
Protection Division of the department shall be members of this
committee. The third member of the committee shall be selected by
the Board of Natural Resources. The committee shall issue all orders
and shall grant, deny, revoke, and amend all permits provided for by
this part.
(b) Any person who is aggrieved or adversely affected by any
order or action of the committee shall, upon petition within 30 days
after the issuance of such order or the taking of such action, have a
right to a hearing before an administrative law judge appointed by the
Board of Natural Resources. The hearing before the administrative
law judge shall be conducted in accordance with Chapter 13 of Title
50, the Georgia Administrative Procedure Act and the rules and
regulations adopted by the board pursuant thereto. The decision of
the administrative law judge shall constitute the final decision of the
board and any party to the hearing, including the committee, shall
have the right of judicial review thereof in accordance with Chapter
13 of Title 50.
(c) Persons are aggrieved or adversely affected where the chal-
lenged action has caused or will cause them injury in fact and where
the injury is to an interest within the zone of interests to be protected
or regulated by this part. In the event the committee asserts in
response to the petition before the administrative law judge that the
petitioner is not aggrieved or adversely affected, the administrative
law judge shall take evidence and hear arguments on this issue and
thereafter make a ruling on this issue before continuing with the
hearing. The burden of going forward with evidence on this issue
shall rest with the petitioner.
Section 6. Said title is further amended by striking paragraph
(3) of Code Section 12-5-288, relating to enforcement of the Coastal
Marshlands Protection Act of 1970, in its entirety and inserting in
lieu thereof a new paragraph (3) to read as follows:
(3) The committee may file in the appropriate superior court a
certified copy of an unappealed final order of the administrative law
judge or of a final order of the administrative law judge affirmed upon
appeal; whereupon the court shall render judgment in accordance
therewith and notify the parties. Such judgment shall have the same
GEORGIA LAWS 1984 SESSION
411
effect, and all proceedings in relation thereof shall thereafter be the
same, as though such judgment has been rendered in an action duly
heard and determined by the court;
Section 7. Title 27 of the Official Code of Georgia Annotated,
known as the Game and Fish Code, is amended by striking para-
graph (2) of subsection (a) of Code Section 27-1-36, relating to civil
enforcement of the game and fish laws by the Department of Natural
Resources, in its entirety and inserting in lieu thereof new paragraphs
(2) and (3) to read as follows:
(2) Whenever the commissioner determines that any person
has violated any provision of this title or any regulations or orders
promulgated under this title, the commissioner may issue an adminis-
trative order imposing a civil penalty not to exceed $1,000.00 for the
violation. Any person who is aggrieved or adversely affected by any
such order shall, upon petition within 30 days after the issuance of
such order, have a right to a hearing before an administrative law
judge appointed by the Board of Natural Resources. The hearing
before the administrative law judge shall be conducted in accordance
with Chapter 13 of Title 50, the Georgia Administrative Procedure
Act and the rules and regulations adopted by the board pursuant
thereto. The decision of the administrative law judge shall constitute
the final decision of the board and any party to the hearing, including
the commissioner, shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50.
(3) All civil penalties recovered by the department as provided
in this Code section shall be paid into the state treasury. The
commissioner may file in the superior court in the county in which the
person under order resides or, if the person is a corporation, in the
county in which the corporation maintains its principal place of
business, or in the county in which the violation occurred, a certified
copy of a final order of the commissioner or the administrative law
judge unappealed from or of a final order of the administrative law
judge affirmed upon appeal, whereupon the court shall render
judgment in accordance therewith and notify the parties. The
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.
Section 8. Said title is further amended by striking subsection
(d) of Code Section 27-1-37, relating to administrative orders issued
412
GENERAL ACTS AND RESOLUTIONS, VOL. I
by the Department of Natural Resources, in its entirety and inserting
in lieu thereof a new subsection (d) to read as follows:
(d) The hearing reviewing an administrative order or an emer-
gency administrative order shall be conducted by an administrative
law judge appointed by the Board of Natural Resources. The hearing
before the administrative law judge shall be conducted in accordance
with Chapter 13 of Title 50, the Georgia Administrative Procedure
Act and the rules and regulations adopted by the board pursuant
thereto. The decision of the administrative law judge shall constitute
the final decision of the board and any party to the hearing, including
the department, shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50.
Section 9. Said title is further amended by striking subsections
(c) and (d) of Code Section 27-2-25, relating to denial of licenses and
permits for violation of the game and fish laws and administrative
and judicial review thereof, in their entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) Any person whose license, permit, or application for a
license or permit, or both, is proposed for revocation, suspension,
denial, or nonrenewal shall, upon petition within 30 days of issuance
of notice given as stated in subsection (a) of this Code section, have a
right to a hearing before an administrative law judge appointed by the
Board of Natural Resources. The hearing before the administrative
law judge shall be conducted in accordance with Chapter 13 of Title
50, the Georgia Administrative Procedure Act and the rules and
regulations adopted by the board pursuant thereto. The decision of
the administrative law judge shall constitute the final decision of the
board and any party to the hearing, including the commissioner, shall
have the right of judicial review thereof in accordance with Chapter
13 of Title 50.
Section 10. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
413
APPEAL AND ERROR CONDITION OF
SUPERSEDEAS BOND PAYMENT OF FINE IN
CERTAIN CASES.
Code Section 5-6-45 Amended.
No. 815 (Senate Bill No. 432).
AN ACT
To amend Code Section 5-6-45 of the Official Code of Georgia
Annotated, relating to supersedeas in criminal cases, so as to allow
payment of a fine to be a condition of a supersedeas bond in certain
cases; to clarify and prescribe procedures for ordering supersedeas in
criminal cases where the defendant is a corporation; to provide for
refunds of amounts collected in the event no bond is posted and the
defendant prevails; to provide for immunity to certain officers from
collection and enforcement of the judgment if no bond is posted and
the defendant prevails; 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 5-6-45 of the Official Code of Georgia
Annotated, relating to supersedeas in criminal cases, is amended by
striking said Code section in its entirety and substituting in lieu
thereof a new Code Section 5-6-45 to read as follows:
5-6-45. (a) In all criminal cases, the notice of appeal filed as
provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersed-
eas in all cases where a sentence of death has been imposed or where
the defendant is admitted to bail. If the sentence is bailable, the
defendant may give bond in an amount prescribed by the presiding
judge, with security approved by the clerk, conditioned upon the
defendants personal appearance to abide the final judgment or
sentence of the court. If the judgment or sentence is or includes a fine
which is unconditionally required to be paid, and is not required to be
paid over a period of probation, nor as a condition of a suspended or
probated sentence, nor as an alternative sentence, the bond may also
be conditioned upon payment of the fine at the time the defendant
appears to abide the final judgment or sentence.
414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) If the defendant is a corporation which has been convicted as
provided in Code Section 17-7-92, the presiding judge, on the motion
of the defendant, prosecuting attorney, or on its own motion, may
order that supersedeas be conditioned upon the posting of a supersed-
eas bond. Said order may be entered either before or after the filing of
a motion for a new trial or notice of appeal. The bond shall be in an
amount prescribed by the presiding judge, with security approved by
the clerk, conditioned upon the defendants appearance, by and
through a corporate officer, agent, or attorney at law, to satisfy the
judgment, together with all costs and interest. If the corporation fails
to make the bond as ordered, the prosecuting attorney or other proper
officer may use any and all lawful process and procedures available to
enforce and collect the judgment. Should final judgment be entered
in favor of the defendant, the presiding judge shall order a refund of
all amounts collected in satisfaction of the judgment. The State of
Georgia, and its political subdivisions, district attorney, solicitor,
sheriff, marshal, all other proper officers, and all agents and employ-
ees of the aforementioned persons shall be immune from all civil
liability for acts and attempts to enforce and collect a judgment under
this subsection.
(c) Any supersedeas bond may be reviewed by the presiding
judge on the motion of defendant, prosecuting attorney, or on its own
motion, and the court may require new or additional security, or order
the bond strengthened, increased, reduced, or otherwise amended as
justice may reasonably require.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
GEORGIA LAWS 1984 SESSION
415
APPEAL AND ERROR CODE SECTION 5-6-45
MADE APPLICABLE WHEN MOTION FOR NEW
TRIAL FILED.
Code Section 5-5-47 Amended.
No. 816 (Senate Bill No. 433).
AN ACT
To amend Code Section 5-5-47 of the Official Code of Georgia
Annotated, relating to supersedeas bonds when a new trial motion is
filed in a criminal case, so as to provide that Code Section 5-6-45,
relating to supersedeas and supersedeas bonds when notice of appeal
is filed, shall apply equally in cases where a motion for a new trial is
filed; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 5-5-47 of the Official Code of Georgia
Annotated, relating to supersedeas bonds when a new trial motion is
filed in a criminal case, is amended by adding at the end thereof a new
subsection (c) to read as follows:
(c) The provisions of Code Section 5-6-45, relating to supersed-
eas and supersedeas bonds when a notice of appeal is filed, shall apply
equally to cases when a motion for a new trial is filed.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
416
GENERAL ACTS AND RESOLUTIONS, VOL. I
GAME AND FISH TAKING OF OYSTERS AND
CLAMS REGULATIONS CHANGED.
Code Chapter 27-4 Amended.
No. 817 (Senate Bill No. 442).
AN ACT
To amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official
Code of Georgia Annotated, relating to oysters and clams, so as to
change the amount of oysters and clams that may be taken for
noncommercial purposes; to specify the conditions under which a
master collecting permit for oysters or clams will not be issued; to
make the taking of clams for the purpose of transplanting unlawful
except under specified circumstances; to change the definition of the
term approved growing area; to establish guidelines for the
approval of growing areas by the Department of Natural Resources;
to establish the minimum size of clams that may be taken for
commercial or noncommercial purposes; to change the times during
which the commissioner of natural resources may open the salt waters
of this state for the taking of clams; 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 4 of Article 4 of Chapter 4 of Title 27 of the
Official Code of Georgia Annotated, relating to oysters and clams, is
amended by striking Code Section 27-4-190, relating to master col-
lecting permits, filing of copy of written permission and chart by
master collecting permittee, in its entirety and substituting in lieu
thereof a new Code Section 27-4-190 to read as follows:
27-4-190. (a) It shall be unlawful to take oysters or clams for
commercial purposes or to take more than two bushels of oysters or
one bushel of clams per person with a maximum of six bushels of
oysters or two bushels of clams per boat per day for noncommercial
use without first having obtained a master collecting permit, which
permit shall specify whether the permittee is authorized to take
oysters, clams, or both. Such permits shall be provided annually, at no
cost, by the department but shall only be issued to persons with the
right to harvest oysters or clams pursuant to Code Sections 44-8-6
GEORGIA LAWS 1984 SESSION
417
through 44-8-8 or to holders of leases from such persons; provided,
however, employees of such persons or lessees may lawfully take
oysters or clams for commercial purposes from such beds when they
carry on their person written permission from the master collecting
permittee to take oysters, clams, or both and possess a valid commer-
cial fishing license and, when a boat is used, a valid commercial
fishing boat license as provided in Code Sections 27-4-110 and 27-2-8,
respectively. Such permission shall indicate the date of issuance, the
authorized period of taking, the name of the master collecting permit-
tee, the permit number, the number of the state agriculture certifi-
cate, and the name of the authorized employee and shall have
attached a National Oceanic and Atmospheric Administration
(NOAA) chart showing the location of the authorized taking. It shall
be unlawful for any person to take oysters or clams from unauthorized
locations and during unauthorized periods of taking.
(b) The master collecting permittee shall file with the depart-
ment a copy of the written permission and chart specified in subsec-
tion (a) of this Code section. The copy shall be filed prior to the taking
of oysters or clams by any person pursuant to such permission.
(c) A master collecting permit shall not be issued if the permit-
tee failed to comply with Code Section 27-4-196 during the previous
season or if the issuance of the permit is determined not to be in
accordance with sound, current principles of wildlife research and
management by the department.
Section 2. Said part is further amended by striking Code Section
27-4-193, relating to taking of oysters for the purpose of trans-
planting, in its entirety and substituting in lieu thereof a new Code
Section 27-4-193 to read as follows:
27-4-193. (a) It shall be unlawful to take oysters and clams for
the purpose of transplanting unless the oysters and clams are being
transplanted from unapproved growing areas to approved growing
areas or within or between approved growing areas and unless prior
written approval from the department has been obtained. It shall also
be unlawful to take oysters and clams for the purpose of transplanting
by any means other than that provided by Code Section 27-4-192 of
this title. For the purposes of this chapter, the term approved
growing area means that area approved by the department for
shellfish harvesting; and the term unapproved growing area means
all other areas. In approving growing areas, the department shall
418
GENERAL ACTS AND RESOLUTIONS, VOL. I
consider guidelines established by the United States Food and Drug
Administration as part of its shellfish sanitation program and cur-
rent, sound wildlife management principles as provided in Code
Section 27-4-130.
(b) It shall be unlawful to build or operate a facility for con-
trolled purification of shellfish without prior written permission from
the department. In issuing such permission the department will
consider guidelines established by the United States Food and Drug
Administration and current, sound wildlife management principles as
provided in Code Section 27-4-130.
Section 3. Said part is further amended by striking Code Section
27-4-194, relating to the minimum size of oysters which may be taken,
in its entirety and substituting in lieu thereof a new Code Section 27-
4-194 to read as follows:
27-4-194. (a) It shall be unlawful to take any oysters for
noncommercial purposes when the shells of the oysters measure less
than three inches from hinge to mouth, except that oysters less than
three inches from hinge to mouth may be removed if attached to an
oyster of that minimum size and the oyster so attached cannot be
removed without destroying the three-inch oyster. It shall also be
unlawful for any person engaged in shucking or canning oysters for
market to shuck, can, purchase, or have in possession any quantity of
oysters containing more than 5 percent of oysters of prohibited size as
defined in this Code section. Smaller oysters may be taken inciden-
tally with such minimum-size oysters when they are directly attached
to the minimum-size oysters.
(b) It shall be unlawful to take any clam for commercial or
noncommercial purposes when the maximum depth of the shells of
the clam measures less than one inch thickness from one shell half to
the other.
Section 4. Said part is further amended by striking Code Section
27-4-195, relating to the times and places for the taking of oysters and
clams, in its entirety and substituting in lieu thereof a new Code
Section 27-4-195 to read as follows:
27-4-195. (a) Except for purposes of transplanting, it shall be
unlawful for any person to take oysters from any of the salt waters of
this state during the period from May 15 through August 15. It shall
GEORGIA LAWS 1984 SESSION
419
also be unlawful to take oysters for the purpose of transplanting from
any of the salt waters of this state unless the waters have been opened
for such taking by the commissioner. The commissioner is authorized
to open and to close for the purpose of taking oysters for human
consumption any or a portion of the salt waters of this state at any
time from August 16 to May 14, provided that he has determined that
the opening or closing is in accordance with current, sound wildlife
management principles as provided in Code Section 27-4-130.
(b) It shall be unlawful to take clams from any of the salt waters
of this state except at such times and places as the commissioner may
establish. The commissioner is authorized to open and close, for the
purpose of taking clams, any or a portion of the salt waters of this
state at any time from July 1 through March 31, provided that he has
determined that the taking of clams is in accordance with current,
sound wildlife management principles as provided in Code Section
27-4-130.
(c) It shall be unlawful to give permission to take oysters, clams,
or both from any area not opened pursuant to this Code section.
(d) It shall be lawful for any person to take not in excess of two
bushels of oysters or one bushel of clams per person per day for
noncommercial purposes with a maximum of six bushels of oysters or
two bushels of clams per boat per day, provided the person has on his
person, while so taking, written permission from the landowner
authorizing the taking.
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 14,1984.
420
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA DEVELOPMENT AUTHORITY
MEMBERSHIP CHANGED, ETC.
Code Section 50-10-3 Amended.
No. 818 (Senate Bill No. 444).
AN ACT
To amend Code Section 50-10-3 of the Official Code of Georgia
Annotated, relating to the Georgia Development Authority, so as to
change the membership of the authority; to assign the Georgia
Development Authority to the Department of Community Affairs for
administrative purposes only; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 50-10-3 of the Official Code of Georgia
Annotated, relating to the Georgia Development Authority, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 50-10-3 to 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 ten members: the Commissioner
of Agriculture, ex officio; the state auditor, ex officio; the commis-
sioner of industry and trade, ex officio; the commissioner of commu-
nity affairs, 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 members, one each representing agricul-
GEORGIA LAWS 1984 SESSION
421
ture, industry, and local governments, 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 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
422
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(e) The authority is assigned to the Department of Community
Affairs for administrative purposes only.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
WATERS OF THE STATE, PORTS AND WATERCRAFT
BOATING SAFETY ZONE AT RICHARD B. RUSSELL
DAM ESTABLISHED.
Code Section 52-7-13 Amended.
No. 819 (Senate Bill No. 451).
AN ACT
To amend Code Section 52-7-13 of the Official Code of Georgia
Annotated, relating to boating safety zones, so as to establish a
boating safety zone at Richard B. Russell Dam; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
423
Section 1. Section 52-7-13 of the Official Code of Georgia
Annotated, relating to boating safety zones, is amended by striking
paragraph (6) of subsection (a) and substituting in lieu thereof a new
paragraph (6) of subsection (a) to read as follows:
(6) The area downstream within 500 feet of the dam at Lake
Oconee; the area upstream within 500 feet of the dam at Lake
Jackson; the area downstream within 200 feet of the dam at Lake
Sinclair; the area upstream within 500 feet of the dam at Stevens
Creek; the area upstream within 50 feet of the Muckafoonee Creek
Dam at Lake Worth; the area downstream within 200 feet of the
power plant below the dam at Bartletts Ferry; the areas upstream
within 500 feet and downstream within 200 feet of the dam at Goat
Rock Reservoir; the area upstream within 200 feet of the dam at Lake
Juliette (Rum Creek Reservoir); and the areas upstream within 225
feet and downstream within 875 feet of the dam at Richard B. Russell
Lake.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
MOTOR VEHICLES AND TRAFFIC PERSONALIZED
LICENSE PLATES FOR FORMER PRISONERS OF WAR.
Code Section 4-2-71.1 Amended.
No. 820 (Senate Bill No. 457).
AN ACT
To amend Code Section 40-2-71.1 of the Official Code of Georgia
424
GENERAL ACTS AND RESOLUTIONS, VOL. I
Annotated, relating to special license plates for former prisoners of
war, so as to provide that certain veterans who have been prisoners of
war, upon the payment of the appropriate taxes and registration fees,
shall be issued additional distinctive personalized license plates; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-2-71.1 of the Official Code of
Georgia Annotated, relating to special license plates for former
prisoners of war, is amended by striking subsection (b) in its entirety
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) Owners of motor vehicles who are veterans of the armed
forces of the United States, who have been prisoners of war, who were
discharged under honorable conditions, and who are residents of this
state, upon complying with the motor vehicle laws relating to registra-
tion and licensing of motor vehicles, shall be issued one distinctive
personalized license plate free of charge and, upon the payment of the
appropriate taxes and registration fees, shall be issued additional
distinctive personalized license plates. Such license plates shall be
fastened to the rear of the vehicles.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
GEORGIA LAWS 1984 SESSION
425
PROFESSIONS AND BUSINESSES COMPOSITION
OF GEORGIA BOARD OF REGISTERED PROFESSIONAL
SANITARIANS CHANGED.
Code Section 43-42-2 Amended.
No. 821 (Senate Bill No. 465).
AN ACT
To amend Code Section 43-42-2 of the Official Code of Georgia
Annotated, relating to the creation of the Georgia Board of Regis-
tered Professional Sanitarians, so as to change the composition of the
board; to delete certain quorum requirements; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-42-2 of the Official Code of Georgia
Annotated, relating to the creation of the Georgia Board of Regis-
tered Professional Sanitarians, is amended by striking said Code
section in its entirety and inserting in its place a new Code Section 43-
42-2 to read as follows:
43-42-2. (a) There is created the Georgia Board of Registered
Professional Sanitarians, to be composed of seven members who are
legal residents of this state and who are appointed by the Governor as
provided in subsections (e) and (f) of this Code section.
(b) No member of such board shall be appointed for more than
two consecutive terms.
(c) Vacancies on the board shall be filled by the Governor for the
unexpired term in the same manner as the original appointment.
(d) The Governor may remove any member from the board for
neglect of duty required by law or for incompetency or unprofessional
or dishonorable conduct.
(e) Seven members of the board shall at all times consist of the
following:
426
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) One registered professional sanitarian from the Georgia
Department of Agriculture, district level, and the member serving
as the registered professional sanitarian from the Georgia Depart-
ment of Agriculture immediately prior to the effective date of this
Code section shall be deemed to be the district level member from
that department. Upon the expiration of that members term,
successors shall be appointed from the Georgia Department of
Agriculture, district level;
(2) One registered professional sanitarian from the Georgia
Department of Agriculture, state level, who shall be appointed for
an initial term beginning November 1,1982, and ending December
31,1984, and until the appointment and qualification of a succes-
sor. Thereafter, successors shall serve for terms of three years and
until their successors are appointed and qualified;
(3) One registered professional sanitarian from a Depart-
ment of Human Resources local health department;
(4) One registered professional sanitarian from the Depart-
ment of Human Resources, state level;
(5) One registered professional sanitarian from the Univer-
sity System of Georgia; and
(6) One registered professional sanitarian who is not an
employee of government.
Those persons serving as such members immediately prior to July
1,1980, shall serve out their terms of office. Thereafter, the term of
each such member shall be for three years and until the appointment
and qualification of a successor.
(7) One member of the board shall be a consumer member
who is not a registered professional sanitarian. The initial term of
the consumer member shall begin July 1, 1980, and end June 30,
1982, upon the appointment and qualification of a successor.
Thereafter, the term of the consumer member shall be for three
years and until the appointment and qualification of a successor.
(f) The board shall meet annually and shall elect from its
members a president and a vice-president and such other officers as
the board may deem necessary. All officers shall be elected annually
GEORGIA LAWS 1984 SESSION
427
by the board for terms of one year each or until their successors shall
have been elected. The board may hold such other meetings during
the year as may be necessary to transact its business.
(g) Each member of the board shall be reimbursed as provided
for in subsection (f) of Code Section 43-1-2.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
PUBLIC OFFICERS AND EMPLOYEES EXPENSE
ALLOWANCE OF MEMBERS OF STATE PERSONNEL
BOARD.
Code Chapters 45-7 and 45-20 Amended.
No. 822 (Senate Bill No. 487).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, so as to provide that
members of the State Personnel Board shall receive the same expense
allowance per day as that received by a member of the General
Assembly for each day while attending meetings or performing offi-
cial business for the board, plus reimbursement for certain other
expenses in connection with such attendance or official business; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
428
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Code
Section 45-7-21, relating to the expense allowance and travel cost
reimbursement for members of certain boards and commissions, in its
entirety and substituting in lieu thereof a new Code Section 45-7-21
to read as follows:
45-7-21. Each member of the boards and commissions listed
below shall receive the same expense allowance per day as that
received by a member of the General Assembly for each day such
member of a board or commission is in attendance at a meeting of
such board or commission, plus reimbursement for actual transporta-
tion costs while traveling by public carrier or the legal mileage rate for
the use of a personal automobile in connection with such attendance.
The above shall be paid in lieu of any per diem, allowance, or other
remuneration now received by any such member for such attendance.
The existing law relative to any limitation on the number of meeting
days and remuneration for service on committees or subcommittees
of any such board or commission shall remain in effect. The boards
and commissions to which this Code section shall be applicable are as
follows:
(1) State Board of Education;
(2) State Medical Education Board;
(3) Board of Regents of the University System of Georgia;
(4) Board of Offender Rehabilitation;
(5) Board of Industry and Trade;
(6) Board of Natural Resources;
(7) State Transportation Board;
(8) Dental Education Board;
(9) Georgia Student Finance Commission; and
GEORGIA LAWS 1984 SESSION
429
(10) Veterans Service Board.
Section 2. Said title is further amended by striking subsection
(a) of Code Section 45-20-3, relating to duties and functions of the
State Personnel Board generally, in its entirety and substituting in
lieu thereof a new subsection (a) to read as follows:
(a) (1) The State Personnel Board shall prescribe the general
policies by which the state merit system shall be administered.
The board shall hold regular meetings at least once each month
and may hold additional meetings as may be required for the
proper discharge of its duties.
(2) Members of the board shall receive no salary but shall
receive the same expense allowance per day as that received by a
member of the General Assembly for each day such member is
attending meetings or performing official business for the board,
plus reimbursement for actual transportation costs while traveling
by public carrier or the legal mileage rate for the use of a personal
automobile in connection with such attendance or official busi-
ness.
(3) Three members shall constitute a quorum. Only the
votes of a majority of the members present shall be necessary for
the transaction of any business or discharge of any duties of the
State Personnel Board, provided there is a quorum.
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 14,1984.
430
GENERAL ACTS AND RESOLUTIONS, VOL. I
CONSERVATION AND NATURAL RESOURCES
MEMBERSHIP OF JEKYLL ISLANDSTATE PARK
AUTHORITY CHANGED.
Code Section 12-3-233 Amended.
No. 823 (Senate Bill No. 524).
AN ACT
To amend Code Section 12-3-233 of the Official Code of Georgia
Annotated, relating to the appointment and terms of the members of
the Jekyll Island State Park Authority, so as to change the
membership of said authority; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 12-3-233 of the Official Code of Georgia
Annotated, relating to the appointment and terms of the members of
the Jekyll Island State Park Authority, is amended by striking
subsection (a) of said Code section in its entirety and substituting in
lieu thereof a new subsection (a) to read as follows:
(a) The authority shall be composed of the Secretary of State,
the commissioner of natural resources, and five residents of this state,
one of whom shall be from the coastal area of Georgia, to be appointed
by the Governor. The five members appointed by the Governor shall
be selected from the state at large but shall be representative of the
geographical areas of the state. The members appointed by the
Governor shall serve for a term of four years and until the appoint-
ment and qualification of their successors, except that the terms of
the first four appointments made by the Governor shall be as follows:
one member shall be appointed for a term of one year beginning July
1, 1978; one member shall be appointed for a term of two years
beginning July 1,1978; one member shall be appointed for a term of
three years beginning July 1, 1978; and one member shall be
appointed for a term of four years beginning July 1,1978. The fifth
member appointed by the Governor shall serve for a term of four
years beginning July 1,1984. An appointment by the Governor to fill
a vacancy shall be made for the unexpired term.
GEORGIA LAWS 1984 SESSION
431
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
GEORGIA CRIMINAL JUSTICE IMPROVEMENT
COUNCIL COMPOSITION CHANGED.
Code Section 28-8-1 Amended.
No. 824 (Senate Bill No. 527).
AN ACT
To amend Code Section 28-8-1 of the Official Code of Georgia
Annotated, relating to the creation of the Georgia Criminal Justice
Improvement Council, so as to change the composition of said coun-
cil; to 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 28-8-1 of the Official Code of Georgia
Annotated, relating to the creation of the Georgia Criminal Justice
Improvement Council, 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 as a part of the legislative branch of
government the Georgia Criminal Justice Improvement Council, to
be composed of 14 members as follows:
(1) The President of the Senate;
(2) The Speaker of the House of Representatives;
432
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) The chairmen of the Judiciary, Judiciary and Constitu-
tional Law, Public Safety, and Offender Rehabilitation commit-
tees of the Senate;
(4) The chairmen of the Judiciary, Special Judiciary, Public
Safety, and State Institutions and Property committees of the
House of Representatives;
(5) Two members of the Senate, to be appointed by the
President of the Senate; and
(6) Two members of the House of Representatives, to be
appointed by the Speaker of the House of Representatives.
The members shall serve for the terms for which they are elected
as members of the General Assembly, and any vacancy occurring
during such term shall be filled by appointment of the President,
in case of Senators, and by appointment of the Speaker, in case of
Representatives. Any member shall be eligible for reappointment
in the event he continues to be a member of the General
Assembly.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
GEORGIA LAWS 1984 SESSION
433
MOTOR VEHICLES AND TRAFFIC SPECIAL
LICENSE PLATES FOR AMATEUR RADIO OPERATORS
ADDITIONAL REQUIREMENTS.
Code Section 40-2-73 Amended.
No. 825 (Senate Bill No. 538).
AN ACT
To amend Code Section 40-2-73 of the Official Code of Georgia
Annotated, relating to special license plates for amateur radio opera-
tors, so as to provide additional requirements relative to such special
license plates; to authorize the commissioner to set the additional fee
for such special license plates; to provide for other matters relative to
the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-2-73 of the Official Code of Georgia
Annotated, relating to special license plates for amateur radio opera-
tors, is amended by striking subsection (a) in its entirety and substi-
tuting in lieu thereof a new subsection (a) to read as follows:
(a) Motor vehicle owners who are residents of the State of
Georgia and who hold an unrevoked and unexpired official amateur
radio station license issued by the Federal Communications Commis-
sion, upon application, accompanied by proof of ownership of such
license, upon full compliance with the state motor vehicle laws in
relation to registration and licensing of motor vehicles, and upon the
payment of such additional fee as may be prescribed by the commis-
sioner, shall be issued a special design license plate for a private
passenger vehicle which shall include the words amateur radio in the
design and upon which shall be inscribed the official amateur radio
call letters of such applicant as assigned by the Federal Communica-
tions Commission. The commissioner may consult with licensed
amateur radio operators residing in the State of Georgia in the design
of the special license plate authorized by this subsection.
434
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
SUPERIOR COURTS COBB JUDICIAL CIRCUIT
NUMBER OF JUDGES COMPENSATION AND
EXPENSE ALLOWANCES, ETC.
Code Section 15-6-2 Amended.
No. 827 (Senate Bill No. 544).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to numbers of superior court judges for each
judicial circuit, so as to increase to six the number of judges for the
Cobb Judicial Circuit; to provide for the selection and term of such
judge; to provide for the compensation, salary, and expense allowance
of said judge to be paid by the State of Georgia and the counties
comprising said circuit; to authorize the judges of said court to divide
and allocate the work and duties thereof; to provide for an additional
court reporter for said circuit; to declare inherent authority; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to numbers of superior court judges for each
judicial circuit, is amended by striking paragraph (11) and inserting
in its place a new paragraph to read as follows:
(11) Cobb Circuit
6.
GEORGIA LAWS 1984 SESSION
435
Section 2. The number of superior court judges of the Cobb
Judicial Circuit is increased from five to six. The initial judge for said
sixth judgeship shall be appointed by the Governor for a term
beginning July 1, 1984, and ending December 31, 1986, and until a
successor is elected and qualified. Thereafter successors shall be
elected at the general election held in 1986, and every four years
thereafter; and their terms shall be for four years beginning on the
first day of January next following their election.
Section 3. The qualifications of such additional judge and his
successors shall be the same as are now provided by law for all other
superior court judges, and his compensation, salary, and expense
allowance from the State of Georgia and from the counties of such
circuit shall be the same as that of the other judges of the superior
courts of the Cobb Judicial Circuit. The provisions, if any, heretofore
enacted for the supplementation by the counties of said circuit of the
salary of the judge of the superior courts of the Cobb Judicial Circuit
shall also be applicable to the additional judge provided for by this
Act.
Section 4. The six judges of the superior courts of the Cobb
Judicial Circuit of Georgia in transacting the business of said courts
and in performing their duties and responsibilities shall share, divide,
and allocate the work and duties to be performed by each. In the
event of any disagreement between said judges in any respect thereof,
the decision of the senior judge in point of service, wbo shall be known
as the chief judge, shall be controlling. The chief judge shall appoint
the judge of the juvenile court as provided by law. The six judges of
the superior courts of the Cobb Judicial Circuit shall have and they
are hereby clothed with full power, authority, and discretion to
determine from time to time, and term to term, the manner of calling
the dockets or fixing the calendars and order of business in said
courts. They may assign to one or more of said judges the hearing of
trials by jury for a term, and the hearing of all other matters not
requiring a trial by a jury to one or more of the other judges, and they
may rotate such order of business at the next term. They may
conduct trials by jury at the same time in the same county or
otherwise within said circuit, or they may hear chambers business and
motion business at the same time at any place within said circuit.
They may provide in all respects for holding the superior courts of
said circuit so as to facilitate the hearing and determination of all the
business of said courts at any time pending and ready for trial or
hearing. In all such matters relating to the manner of fixing,
436
GENERAL ACTS AND RESOLUTIONS, VOL. I
arranging for, and disposing of the business of said courts, and
making appointments as authorized by law where the judges thereof
cannot agree or shall differ, the opinion or order of the chief judge as
hereinbefore defined shall control.
Section 5. The six judges of the Cobb Judicial Circuit shall be
authorized and empowered to appoint an additional court reporter
for such circuit, whose compensation shall be as now or hereafter
provided by law.
Section 6. Nothing herein enumerated shall be deemed to limit
or restrict the inherent powers, duties, and responsibilities of superior
court judges provided by the Constitution and statutes of the State of
Georgia.
Section 7. This Act shall become effective July 1,1984.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
SUPERIOR COURTS MINIMUM COMPENSATION
OF CERTAIN CLERKS CHANGED.
Code Section 15-6-89 Amended.
No. 834 (House Bill No. 425).
AN ACT
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of
Georgia Annotated, relating to clerks of the superior courts, so as to
change the provisions relating to the minimum compensation of
clerks of the superior courts who also serve as clerks of certain other
courts; to provide an effective date; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1984 SESSION
437
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 the superior courts, is
amended by striking Code Section 15-6-89, relating to additional
remuneration for certain services by certain clerks of the superior
courts, and inserting in lieu thereof a new Code Section 15-6-89 to
read as follows:
15-6-89. In addition to the minimum salary provided in Code
Section 15-6-88 or any other salary provided by any applicable
general or local law, each clerk of the superior court of any county who
also serves as clerk of a state court, county court, city court, juvenile
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 $200.00 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 not
be entitled to any salary heretofore received for service in 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 14,1984.
438
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROFESSIONS AND BUSINESSES |S GEORGIA
AUCTIONEERS COMMISSION TERMINATION
DATE CHANGED.
Code Section 43-6-26 Amended.
No. 835 (House Bill No. 914).
AN ACT
To amend Chapter 6 of Title 43 of the Official Code of Georgia
Annotated, relating to auctioneers, so as to change the termination
date of the Georgia Auctioneers Commission; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 6 of Title 43 of the Official Code of Georgia
Annotated, relating to auctioneers, is amended by striking Code
Section 43-6-26, relating to termination of the Georgia Auctioneers
Commission, in its entirety and inserting in lieu thereof a new Code
Section 43-6-26 to read as follows:
43-6-26. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the Georgia Auctioneers Commission
shall be terminated on July 1, 1990, 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 2. This Act shall become effective upon its approval by
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 14,1984.
GEORGIA LAWS 1984 SESSION
439
SUPERIOR COURTS H SOUTHWESTERN JUDICIAL
CIRCUIT WEBSTER COUNTY TERMS CHANGED.
Code Section 15-6-3 Amended.
No. 836 (House Bill No. 918).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of superior courts, so as to change the
terms of court for Webster County in the Southwestern Judicial
Circuits; to 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 superior courts, is amended by
striking subparagraph (a) (36) (F) in its entirety and inserting in lieu
thereof a new subparagraph to read as follows:
(F) Webster County - Second Monday in January and July.
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
440
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPERIOR COURTS SOUTHWESTERN JUDICIAL
CIRCUIT STEWART COUNTY TERMS CHANGED.
Code Section 15-6-3 Amended.
No. 837 (House Bill No. 919).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
Annotated, relating to terms of superior courts, so as to change the
terms of court for Stewart County in the Southwestern 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 superior court, is amended by striking
subparagraph (a) (36) (D) in its entirety and inserting in lieu thereof a
new subparagraph to read as follows:
(D) Stewart County - Third Monday in March and September.
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
441
COMMERCE AND TRADE ADMINISTRATOR OF
FAIR BUSINESS PRACTICES ACT OF 1975
ADDITIONAL POWERS.
Code Section 10-1-404 Amended.
No. 838 (House Bill No. 933).
AN ACT
To amend Code Section 10-1-404 of the Official Code of Georgia
Annotated, relating to certain powers of the administrator of the
Fair Business Practices Act of 1975, so as to provide that the
administrator and his employees and law enforcement officials may
provide certain information to each other under certain circum-
stances; to 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 10-1-404 of the Official Code of Georgia
Annotated, relating to certain powers of the administrator of the
Fair Business Practices Act of 1975, is amended by striking in its
entirety subsection (d) thereof which reads as follows:
(d) Information obtained pursuant to powers enforced by this
part shall not be made public or disclosed by the administrator or his
employees beyond the extent necessary for the enforcement of this
part.,
and inserting in lieu thereof a new subsection (d) to read as follows:
(d) (1) Information obtained pursuant to investigative
demands, subpoenas, oaths, affirmations, or hearings enforced by
this part shall not be made public or, except as authorized in
paragraph (2) of this subsection, disclosed by the administrator or
his employees beyond the extent necessary for the enforcement of
this part.
(2) The administrator or his employees shall be authorized
to provide to any federal, state, or local law enforcement agency
442
GENERAL ACTS AND RESOLUTIONS, VOL. I
any information acquired under this part which is subpoenaed by
such agency. State or local law enforcement agencies shall be
authorized to provide any information to the administrator when
the administrator issues an investigative demand or subpoena for
such information.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
COURTS MINIMUM COMPENSATION OF PROBATE
JUDGES SERVING AS CHIEF MAGISTRATE.
Code Section 15-10-20 Amended.
No. 839 (House Bill No. 981).
AN ACT
To amend Code Section 15-10-20 of the Official Code of Georgia
Annotated, relating to the number and selection of magistrates, so as
to provide a minimum compensation amount for a judge of probate
court who serves as chief magistrate; to 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 15-10-20 of the Official Code of Georgia
Annotated, relating to the number and selection of magistrates, is
amended by striking in its entirety subsection (g) and inserting in its
place a new subsection (g) to read as follows:
GEORGIA LAWS 1984 SESSION
443
(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. In no case
shall the probate judge be compensated for his services as chief
magistrate in an amount less than $200.00 per month. Any compensa-
tion paid under this subsection shall be paid from county funds.
Section 2. This Act shall become effective on January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
BOARDS OF EDUCATION COMPENSATION IN
CERTAIN COUNTIES (20,900 - 21,200)
REPEALED.
Ga. Laws 1982, p. 589 Repealed.
No. 840 (House Bill No. 990).
AN ACT
To repeal an Act providing for the compensation of the chairman
and members of the county board of education in all counties of this
state having a population of not less than 20,900 nor more than 21,200
according to the United States decennial census of 1980 or any future
such census, approved April 12,1982 (Ga. L. 1982, p. 589); to provide
for an effective date; to repeal conflicting laws; and for other pur-
poses.
444
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the compensation of the chair-
man and members of the county board of education in all counties of
this state having a population of not less than 20,900 nor more than
21,200 according to the United States decennial census of 1980 or any
future such census, approved April 12,1982 (Ga. L. 1982, p. 589), is
repealed in its entirety.
Section 2. This Act shall become effective June 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
PUBLIC OFFICERS AND EMPLOYEES
COMPENSATION OF SUPREME COURT JUSTICES
AND COURT OF APPEALS JUDGES.
Code Section 45-7-4 Amended.
No. 841 (House Bill No. 1024).
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
officials, so as to change certain of such salaries; to provide for
matters relative thereto; 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 and allowances of certain state
GEORGIA LAWS 1984 SESSION
445
officials, is amended by striking paragraphs (18) and (19) of subsec-
tion (a) in their entirety and inserting in lieu thereof the following:
(18) Each Justice of the Supreme Court......... 63,700.00
(19) Each Judge of the Court of Appeals ........ 63,210.00
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
STATE BOARD OF REGISTRATION FOR
FORESTERS TERMINATION DATE EXTENDED.
Code Section 12-6-63 Amended.
No. 842 (House Bill No. 1062).
AN ACT
To amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official
Code of Georgia Annotated, relating to the practice of professional
forestry, so as to extend the termination date 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. Part 2 of Article 1 of Chapter 6 of Title 12 of the
Official Code of Georgia Annotated, relating to the practice of profes-
sional forestry, is amended by striking Code Section 12-6-63, relating
to termination of the State Board of Registration for Foresters, in its
446
GENERAL ACTS AND RESOLUTIONS, VOL. I
entirety and inserting in lieu thereof a new Code Section 12-6-63 to
read as follows:
12-6-63. For the purposes of Chapter 2 of Title 43, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Registration for
Foresters shall be terminated on July 1, 1988, and this part and any
other laws relating to such board shall be repealed in their entirety
effective on the date specified in Code Section 43-2-8.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
TIME OF SPECIAL ALTERNATIVE INCARCERATION
AS A CONDITION OF PROBATION REDUCED
PROCEDURES.
Code Section 42-8-35.1 Amended.
No. 843 (House Bill No. 1087).
AN ACT
To amend Code Section 42-8-35.1 of the Official Code of Georgia
Annotated, relating to special alternative incarceration as a condi-
tion of probation, so as to reduce from 180 days to 90 days the time of
initial incarceration for offenses committed on or after January 1,
1984; to eliminate the entitlement to earned time; to remove the
requirement that the chief probation officer certify the probationers
physical and mental qualifications for such treatment; to provide for
a maximum time within which a probationer will be delivered to a
GEORGIA LAWS 1984 SESSION
447
designated facility; to provide for effective dates; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 42-8-35.1 of the Official Code of Georgia
Annotated, relating to special alternative incarceration as a condi-
tion of probation, is amended by striking said Code section in its
entirety and substituting in lieu thereof a new Code Section 42-8-35.1
to read as follows:
42-8-35.1. (a) In addition to any other terms or conditions of
probation provided for under this chapter, the trial judge may
provide that probationers sentenced for offenses committed on or
after January 1,1984, to a period of time of not less than one year nor
more than five years on probation as a condition of probation must
satisfactorily complete a program of incarceration in a special alter-
native incarceration unit of the department for a period of 90 days
from the time of initial incarceration in the unit.
(b) Before a court can place this condition upon the sentence, an
initial investigation will be completed by the probation officer which
will indicate that the probationer is qualified for such treatment in
that the individual does not appear to be physically or mentally
handicapped in a way that would prevent him from strenuous physi-
cal activity, that the individual has no obvious contagious diseases,
that the individual is not less than 17 years of age nor more than 25
years of age at the time of sentencing, and that the department has
granted provisional approval of the placement of the individual in the
special alternative incarceration unit.
(c) In every case where an individual is sentenced under the
terms of this Code section, the clerk of the sentencing court shall,
within five working days, mail to the department a certified copy of
the sentence and indictment, a personal history statement, and an
affidavit of the custodian provided by the sheriff of the county.
(d) The department will arrange with the sheriffs office in the
county of incarceration to have the individual delivered to a desig-
nated facility within a specific date not more than 15 days after
receipt by the department of the documents provided by the clerk of
the court under this Code section.
448
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) At any time during the individuals incarceration in the unit,
but at least five days prior to his expected date of release, the
department will certify to the trial court as to whether the individual
has satisfactorily completed this condition of probation.
(f) Upon the receipt of a satisfactory report of performance in
the program from the department, the trial court shall release the
individual from confinement in the special alternative incarceration
unit. However, the receipt of an unsatisfactory report will be grounds
for revocation of the probated sentence as would any other violation
of a condition or term of probation.
Section 2. This Act shall become effective upon its approval by
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 14,1984.
PROFESSIONS AND BUSINESSES STATE BOARD
OF ARCHITECTS COMPOSITION
EXAMINATION OF APPLICANTS FOR LICENSE, ETC.
Code Chapter 43-4 Amended.
No. 844 (House Bill No. 1103).
AN ACT
To amend Chapter 4 of Title 43 of the Official Code of Georgia
Annotated, relating to architects, so as to provide for a new name for
the board; to change certain provisions relating to qualifications of
applicants for examination; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1984 SESSION
449
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 4 of Title 43 of the Official Code of Georgia
Annotated, relating to architects, is amended by striking paragraph
(1) of Code Section 43-4-1, relating to definitions, in its entirety and
substituting in lieu thereof a new paragraph (1) to read as follows:
(1) Board means the State Board of Architects.
Section 2. Said chapter is further amended by striking Code
Section 43-4-2, relating to the creation of the board, in its entirety and
substituting in lieu thereof a new Code Section 43-4-2 to read as
follows:
43-4-2. There is created the State Board of Architects, which
shall be composed of six appointive members. Five of the members
shall be registered practicing architects in this state who shall be
residents of this state and the sixth member shall be a resident of this
state and shall have no connection whatsoever with the practice or
profession of architecture. The citizen member who is not a practic-
ing architect may vote only on matters relating to administration and
policy which do not directly relate to practical and scientific examina-
tion of architects in this state. The Governor shall appoint successors
to the present members of the board, as their respective terms of
office expire, for a term of office of five years each. The successor
members so appointed shall possess the qualifications specified in
this Code section and shall be confirmed by the Senate. In case a
successor is not appointed at the expiration of the term of any
member, such member shall hold office until his successor has been
duly appointed and qualified. Any vacancy occurring in the member-
ship of the board shall be filled by the Governor for the unexpired
term, and such member shall be confirmed by the Senate.
Section 3. Said chapter is further amended by striking subsec-
tion (b) of Code Section 43-4-11, relating to qualifications of appli-
cants for examination, in its entirety and substituting in lieu thereof a
new subsection (b) to read as follows:
(b) The examinations shall be the written examinations pre-
pared in accordance with the outline prescribed by the National
Council of Architectural Registration Boards. The candidate for
examination shall submit to the board satisfactory evidence of the
following qualifications:
450
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) A professional degree in architecture from a school or
college approved by the National Architectural Accrediting Board
and at least three years of practical experience as the board, by
rules and regulations uniformly applied, shall deem appropriate.
An advanced degree in architecture from a school or college
approved by the National Architectural Accrediting Board may be
accepted in lieu of a maximum of one year of the required practical
experience; or
(2) A minimum of ten years practical experience, including
academic training, following completion of high school or the
equivalent thereof, as the board, by rules and regulations uni-
formly applied, shall deem appropriate. An individual who
intends to qualify as a candidate for examination under the
provisions of this paragraph shall notify the board of such intent
in writing prior to July ftg 1985. After July 1,1985, all candidates
for examination shall meet the requirements of paragraph (1) of
this subsection; provided, however, that those candidates and only
those candidates who have met the requirements of this para-
graph shall be admitted as a candidate for examination.
Section 4. Said chapter is further amended by striking Code
Section 43-4-18, relating to termination of the State Board for
Examination, Qualification, and Registration of Architects, in its
entirety and substituting in lieu thereof a new Code Section 43-4-18
to read as follows:
43-4-18. For the purposes of Chapter 2 of this title, The Act
Providing for the Review, Continuation, Reestablishment, or Termi-
nation of Regulatory Agencies, the State Board of Architects shall be
terminated on July 1, 1988, and this chapter and any other laws
relating to such board shall be repealed in their entirety effective on
the date specified in Code Section 43-2-8.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
451
SUPERIOR COURTS ADDITIONAL JUDGE
ATLANTA JUDICIAL CIRCUIT.
Code Section 15-6-2 Amended.
No. 845 (House Bill No. 1131).
AN ACT
To provide for an additional judge of the superior court of the
Atlanta Judicial Circuit; to provide for the initial appointment and
subsequent election of such judge and of his successors; to provide for
terms; to prescribe the powers of said judge; to prescribe the compen-
sation and allowances of said judge; to amend Code Section 15-6-2 of
the Official Code of Georgia Annotated, relating to the number of
superior court judges for each of the judicial circuits, so as to provide
for an additional judge of the superior court of the Atlanta 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. A new judge of the superior court is added to the
Atlanta Judicial Circuit, thereby increasing to 12 the number of
judges of said circuit.
Section 2. The initial judge appointed by this Act shall be
appointed by the Governor for a term beginning July 1, 1985, and
expiring December 31,1986. A successor to the initial judge shall be
elected in a manner provided by law for the election of judges of the
superior courts of this state at the general election in November, 1986,
for a term of four years beginning on January 1,1987, and until the
election and qualification of a successor. Future successors shall be
elected at the general election each four years thereafter for terms of
four years and until the election and qualification of a successor.
They shall take office on the first day of January following the date of
the election. Such elections shall be held and conducted in a manner
provided by law for the election of judges of the superior courts of this
state.
Section 3. Said additional judge shall have and may exercise all
powers, duties, dignity, jurisdiction, privileges, and immunities of the
452
GENERAL ACTS AND RESOLUTIONS, VOL. I
present judges of the superior courts of this state. Any of the 12
judges of the superior court of said circuit may preside over any case
therein and perform any official act as judge thereof.
Section 4. The compensation, salary, and contingent expense
allowance of said additional judge shall be the same as that of the
other judges of the superior court of the Atlanta Judicial Circuit. Any
salary supplements heretofore enacted by the county of said circuit
shall also be applicable to the additional judge provided for in this
Act.
Section 5. Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to the number of superior court judges for each of
the judicial circuits, is amended by striking paragraph (3) of said
Code section in its entirety and inserting in lieu thereof a new
paragraph (3) to read as follows:
(3) Atlanta Circuit...................................... 12
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 14,1984.
STATE BOARD OF RECREATION EXAMINERS
TERMINATION DATE CHANGED.
Code Section 43-41-20 Amended.
No. 846 (House Bill No. 1153).
AN ACT
To amend Chapter 41 of Title 43 of the Official Code of Georgia
GEORGIA LAWS 1984 SESSION
453
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:
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, 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 14,1984.
454
GENERAL ACTS AND RESOLUTIONS, VOL. I
CONSERVATION AND NATURAL RESOURCES
GEORGIA SAFE DAMS ACT OF 1978 AMENDED.
Code Title 12, Chapter 5 Amended.
No. 847 (House Bill No. 1174).
AN ACT
To amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official
Code of Georgia Annotated, known as the Georgia Safe Dams Act of
1978, relating to the operation and construction of dams, so as to
provide that an artificial barrier impounding or diverting water that
is less than 25 feet in height shall not be a dam for the purposes of said
part unless it has an impounding capacity at its maximum storage
elevation of 100 acre-feet or more; to provide that the exemption for
dams designed or approved and supervised by certain federal agen-
cies shall end on November 1,1985, for dams over which the supervis-
ing federal agency has relinquished authority for operation and
maintenance; to provide that an artificial barrier not in excess of six
feet in height shall not be a dam for the purposes of said part; to
substitute the director of the Environmental Protection Divison of
the Department of Natural Resources for the State Soil and Water
Conservation Committee as the entity responsible for inventorying
and classifying dams; to provide guidance in determining probable
loss of human life; to provide design and maintenance standards for
vegetation and its removal from dams; to establish minimum spillway
design requirements; to specify that no action may be brought against
the director of the Environmental Protection Division of the Depart-
ment of Natural Resources for any action taken or not taken pursuant
to Code Section 12-5-375 of the Official Code of Georgia Annotated;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 3 of Article 5 of Chapter 5 of Title 12 of the
Official Code of Georgia Annotated, known as the Georgia Safe
Dams Act of 1978, relating to the operation and construction of
dams, is amended by striking paragraph (4) of Code Section 12-5-372,
relating to definitions, in its entirety and substituting in lieu thereof a
new paragraph (4) to read as follows:
GEORGIA LAWS 1984 SESSION
455
(4) (A) Except as otherwise provided in subparagraph (B) of
this paragraph, dam means any artificial barrier, including
appurtenant works, which impounds or diverts water and which:
(i) Is 25 feet or more in height from the natural bed of
the stream or watercourse measured at the downstream toe of
the barrier, or from the lowest elevation of the outside limit of
the barrier, if the barrier is not across a stream channel or
watercourse, to the maximum water storage elevation; or
(ii) Has an impounding capacity at maximum water
storage elevation of 100 acre-feet or more.
(B) The word dam shall not include:
(i) Any dam owned and operated by any department
or agency of the United States government;
(ii) Any dam constructed or financially assisted by the
United States Soil Conservation Service or any other depart-
ment or agency of the United States government when such
department or agency designed or approved plans and super-
vised construction and maintains a regular program of inspec-
tion of the dam; provided, however, that this exemption shall
cease on November 1,1985, for all such dams over which the
supervising federal agency has relinquished authority for the
operation and maintenance of such a dam to a person unless
the supervising federal agency certifies by said date and at
least biannually thereafter to the director that such dams are
in compliance with requirements of this part, including mini-
mum spillway design, and with the maintenance standards of
the supervising federal agency;
(iii) Any dam licensed by the Federal Energy Regulatory
Commission, or for which a license application is pending
with the Federal Energy Regulatory Commission;
(iv) Any dam classified by the director 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; or
456
GENERAL ACTS AND RESOLUTIONS, VOL. I
(v) Any artificial barrier which is not in excess of 6 feet
in height regardless of storage capacity, or which has a storage
capacity at maximum water storage elevation not in excess of
15 acre-feet regardless of height.
Section 2. Said part is further amended by striking Code Section
12-5-373, relating to the powers and duties of the director of the
Environmental Protection Division of the Department of Natural
Resources, in its entirety and substituting in lieu thereof a new Code
Section 12-5-373 to read as follows:
12-5-373. In addition to any other powers and duties provided
for in this part, the director shall have and may exercise the following
powers and duties:
(1) To exercise general supervision over the administration
and enforcement of this part and all rules and regulations and
orders promulgated hereunder;
(2) To require progress reports from the supervising engi-
neer of a dam construction project, as deemed necessary;
(3) To supervise investigations necessary to carry out the
duties prescribed in this part;
(4) To advise, consult, cooperate, contract, and enter into
cooperative agreements with private persons, local units of gov-
ernment, and other governmental agencies or committees, includ-
ing, but not limited to, the Department of Transportation, the
State Soil and Water Conservation Committee, and the United
States Army Corps of Engineers for the purposes of carrying out
this part;
(5) To take such other actions as may be necessary to carry
out this part.
Section 3. Said part is further amended by striking Code Section
12-5-374, relating to the performance of the duties of the Board of
Natural Resources, in its entirety and substituting in lieu thereof a
new Code Section 12-5-374 to read as follows:
12-5-374. In the performance of its duties, the board shall:
GEORGIA LAWS 1984 SESSION
457
(1) Establish by rule or regulation such policies, require-
ments, or standards governing the construction, operation, and
maintenance of dams or artificial barriers permitted or required to
be permitted under this part, including, but not limited to, the
following:
(A) Requiring that the engineer who provides engineer-
ing design services for a dam constructed after July 1,1978,
certify to the director that he is registered by the State of
Georgia and that he has the necessary training and experience
to design such dam, and requiring that the engineer attach
such certification to the application for permit;
(B) Requiring that, if the engineer determines that a
geological investigation of the dam site is advisable, such
investigation shall be conducted by a professional geologist
registered to practice in the State of Georgia;
(C) Requiring that the engineer who undertakes the
design of a dam constructed after July 1,1978, submit to the
director all documentation of the analysis and calculations for
such design and the as-built drawings for such dam;
(D) Requiring that an approved plan for inspection and
maintenance he put into effect by the owner or operator for
any permitted dam;
(E) Requiring that the owner of a dam immediately
notify the division of the occurrence of symptoms of failure,
including, but not limited to, erosion, surface cracks, seepage,
settlement, or movement;
(F) Requiring that prior to construction of a dam the
owner shall provide the board of commissioners or other
governing authority of the county in which the dam is to be
constructed with the name and address of the person owning
such dam and the person having direct responsibility for the
operation of such dam. In addition, the owner shall have
recorded on the official land plat for the county the location of
such dam;
(2) Establish by rule or regulation such criteria to be
included in dam construction and operation application forms;
458
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Establish by rule or regulation such standards necessary
to govern the inspection of permitted dams; and
(4) Adopt, modify, repeal, and promulgate such other rules
and regulations relating to dam safety as are necessary and proper
to carry out the purposes of this part, including Code Section 12-5-
375.
Section 4. Said part is further amended by striking Code Section
12-5-375, relating to the inventory and classification of dams, in its
entirety and substituting in lieu thereof a new Code Section 12-5-375
to read as follows:
12-5-375. (a) It shall be the duty of the director to inventory
the dams in this state and to classify each dam into one of the
following categories:
(1) Category I - Dams where improper operation or dam
failure would result in probable loss of human life. Situations
constituting probable loss of human life are those situations
involving frequently occupied structures or facilities, including,
but not limited to, residences, commercial and manufacturing
facilities, schools, and churches.
(2) Category II - Dams where improper operation or dam
failure would not be expected to result in probable loss of human
life.
(b) The first inventory shall be completed by July 1,1983. The
director shall reinventory the dams in this state at least once every
five years after the completion of the first inventory. The director is
authorized to contract with other state or federal agencies or private
entities to accomplish the purposes of this Code section.
(c) The director is authorized to use information furnished to
the director by the United States Army Corps of Engineers to
accomplish the purposes of this Code section, including, but not
limited to, the classification of dams as set forth in subsection (a) of
this Code section.
(d) The director shall have the right to direct and conduct
investigations as the director may reasonably deem necessary to carry
out the directors duties as prescribed in this Code section. For this
GEORGIA LAWS 1984 SESSION
459
purpose, the employees of the division or any authorized representa-
tives shall have the right to enter at reasonable times on any property,
public or private, for the purpose of inventorying, classifying, and
investigating any dam and to require written reports from the owner
or operator of any dam for the purpose of accomplishing its duties
under this Code section. It is specifically provided, however, that if
the owner of the dam is a resident of the county wherein the dam is
located, the director shall notify the owner before the division
employees or representatives shall enter the property of the dam for
the purposes of this Code section.
(e) Upon request of the governing authority of a local unit of
government, the director is authorized in the directors discretion to
provide technical assistance to such local unit of government relative
to those dams within its jurisdiction for which a permit is not required
by this part. Such assistance may include, but shall not necessarily be
limited to, the inventorying of dams of any size or holding capacity for
which a permit is not required by this part, visual inspections, written
reports on any structural inadequacies discovered during such inspec-
tions, written descriptions of the potential dam failure flood plain,
technical advice on procedures to correct such structural inadequa-
cies, and assistance in the development of model dam safety ordi-
nances.
(f) Any person who desires to construct an artificial barrier for
the purpose of impounding or diverting water may request of the
director, and the director is authorized to furnish such person with, a
determination as to whether such artificial barrier, if constructed,
would be a category I or category II dam for the purposes of this part.
Section 5. Said part is further amended by striking subsections
(a), (b), and (c) of Code Section 12-5-376, relating to permits to
construct and operate dams, and substituting in lieu thereof new
subsections (a), (b), and (c) to read as follows:
(a) Any person who desires to construct a dam but has not
commenced such construction as of July 1,1978, shall obtain a permit
from the director to construct a dam prior to commencement of
construction. Any person who is operating a dam or who is in the
physical process of constructing a dam as of July 1,1978, shall obtain
a permit from the director for such operation or construction, pro-
vided that the person may continue to operate or construct such dam
pending final action by the director on the application for a permit;
460
GENERAL ACTS AND RESOLUTIONS, VOL. I
provided, further, that such application has been filed with the
director within 180 days after the director serves upon the person a
written notice that such dam has been classified as a category I dam in
accordance with Code Section 12-5-375. Service of notice upon the
person shall be made by delivering the notice to the person or by
mailing it to the person by certified mail at the persons home or
business address. Service by mail is complete upon mailing unless the
notice is returned to the director by the U. S. Postal Service for any
reason other than a refusal by the person to accept the mailing.
Permits issued for the construction of dams pursuant to this part
shall also authorize the operation of such dams in accordance with the
conditions contained in such permits.
(b) If the director reclassifies a dam formerly classified as a
category II dam as a category I dam because of modification in the
dam or because of changing circumstances, the director shall serve
upon the owner or operator of the dam a written notice of the
directors determination regarding the dam. Within 180 days after
such service of notice, the owner or operator shall apply to the
director for a permit to operate the dam. Notice shall be served in
accordance with subsection (a) of this Code section. Such owner or
operator may continue to operate the dam pending final action by the
director on the application for a permit. A permit to operate such dam
shall be issued in accordance with the requirements of subsection (g)
of this Code section, notwithstanding the date specified in said
subsection (g).
(c) Notwithstanding subsection (a) of this Code section, no
permit shall be required to be obtained by any person who constructs
a dam, if the dam is constructed in connection with or incidental to
surface mining as defined in Part 3 of Article 2 of Chapter 4 of this
title, but if the dam so constructed is classified by the director as a
category I dam, the owner or operator shall, upon the completion of
the mining activity in connection with which such dam was con-
structed, either drain and reclaim the impoundment formed by such
dam pursuant to such persons mined land use plan approved by the
director under Part 3 of Article 2 of Chapter 4 of this title, the
Georgia Surface Mining Act of 1968, or stabilize such impoundment
as a lake pursuant to such mined land use plan. If the impoundment is
reclaimed as a lake and the dam which created the impoundment
remains in place as a category I dam, then, before such lake is deemed
acceptable reclamation and the miner is released from his obligations
under Part 3 of Article 2 of Chapter 4 of this title the miner must
obtain a permit for such dam as provided by this part.
GEORGIA LAWS 1984 SESSION
461
Section 6. Said part is further amended by inserting at the end
of Code Section 12-5-376 a new subsection (k) to read as follows:
(k) Earthen embankments serving as dams shall be protected
from surface erosion by appropriate vegetation or some other type
protective surface such as riprap or paving and shall be maintained in
a safe condition. Examples of appropriate vegetation include, but are
not limited to, Bermuda grass, Tall Fescue, and Lespedeza sericea.
Inappropriate vegetation such as trees shall be removed from dams
only after consultation with the division on the proper procedures for
removal. Hedges and small shrubs may be allowed if they do not
obscure inspection or interfere with the operation and maintenance of
the dam.
Section 7. Said part is further amended by striking subsection
(c) of Code Section 12-5-376.1, relating to subclassification of dams
and minimum spillway requirements, and substituting in lieu thereof
a new subsection (c) to read as follows:
(c) Permits issued pursuant to this part shall require minimum
spillway design as follows:
(1) Small dams.................. 25 percent PMP
(2) Medium dams.................33.3 percent PMP
(3) Large dams.................. 50 percent PMP
(4) Very large dams.............100 percent PMP
Based on visual inspection and detailed hydrologic and hydraulic
evaluation, including documentation of competent original design
and construction procedures, up to a 10 percent lower requirement
(22.5, 30, 45, 90) can be accepted, at the discretion of the director,
provided the project is in an acceptable state of maintenance. The
design storm may also be reduced if the applicants engineer can
successfully demonstrate to the director by engineering analysis that
the dam is sufficient to protect against probable loss of human life
downstream at a lesser design storm.
Section 8. Said part is further amended by striking Code Section
12-5-380, relating to administrative and judicial review, in its entirety
and substituting in lieu thereof a new Code Section 12-5-380 to read
as follows:
462
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-5-380. Any person who is aggrieved or adversely affected
by an order or action of the director shall be entitled to administrative
and judicial review in accordance with subsection (c) of Code Section
12-2-2.
Section 9. Said part is further amended by striking Code Section
12-5-382, relating to the powers of the commissioner of transporta-
tion, in its entirety and substituting in lieu thereof a new Code
Section 12-5-382 to read as follows:
12-5-382. The commissioner of transportation is authorized to
enter into contracts on behalf of the Department of Transportation
with the division for the purpose of carrying out this part.
Section 10. Said part is further amended by striking Code
Section 12-5-383, relating to liability for damages, in its entirety and
substituting in lieu thereof a new Code Section 12-5-383 to read as
follows:
12-5-383. (a) Nothing in this part shall be construed to con-
stitute a waiver of the sovereign immunity of the state, the board, or
the division. No action shall be brought against the state, the board,
the division, or any member, officer, or employee of the state, the
board, or the division for damages sustained through the partial or
total failure of any dam or other artificial barrier dealt with in this
part or its maintenance by reason of any supervision or other action
taken or not taken pursuant to or under this part, including specifi-
cally, but not limited to, any action taken or not taken by the board or
its members, the director, the division, its officers or employees, or its
representatives pursuant to Code Section 12-5-375. Nothing in this
part and no order, action, or advice of the director or the division or
any representative thereof shall be construed to relieve a dam owner
or operator of the legal duties, obligations, or liabilities incident to the
ownership or operation of the dam.
(b) Nothing in this part shall be construed to constitute a waiver
of the sovereign immunity of the committee. No action shall be
brought against the state, the committee, or any employee of the state
or the committee for damages sustained through the partial or total
failure of any dam or other artificial barrier dealt with in this part or
its maintenance by reason of any supervision or other action taken or
not taken pursuant to former Code Section 12-5-375.
GEORGIA LAWS 1984 SESSION
463
Section 11. This Act shall become effective on July 1,1984.
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 14,1984.
COMMERCE AND TRADE REGULATION OF
HEALTH SPAS UNLAWFUL ACTIONS OF
OPERATORS PENALTIES.
Code Section 10-1-393 Amended.
No. 848 (House Bill No. 1208).
AN ACT
To amend Code Section 10-1-393 of the Official Code of Georgia
Annotated, relating to unfair or deceptive practices in consumer
transactions which are unlawful, so as to require each health spa to
maintain a certain bond; to provide for liability of the surety; to
provide that certain actions by health spa operators shall be unlawful;
to provide penalties; to provide for cancellation of contracts under
certain conditions; to provide for refunds; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 10-1-393 of the Official Code of Georgia
Annotated, relating to unfair or deceptive practices in consumer
transactions which are unlawful, is amended by striking in its entirety
paragraph (12) of subsection (b) and inserting in lieu thereof a new
paragraph (12) to read as follows:
(12) Failing to comply with the following provisions concerning
health spas:
464
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) A written contract shall be employed which shall consti-
tute the entire agreement between the parties, a fully completed
copy of which shall be furnished to the consumer at the time of its
execution which shows the date of the transaction and the name
and address of the seller; provided, however, that no contract shall
be valid which charges or obligates the customer for a period in
excess of 36 months. Contracts shall be renewable at the end of
each 36 month period of time, at the option of both parties to the
contract;
(B) The contract or an attachment thereto shall state
clearly any rules and regulations of the seller which are applicable
to the consumers use of the facilities or receipt of its services;
(C) The contract shall state clearly on its face the cancella-
tion and refund policies of the seller;
(D) The health spa member has the right to cancel the
contract within three business days after the date of the signing of
the contract by notifying the seller in writing of such intent and by
either mailing the notice by certified or registered mail to the
seller or hand delivering the notice to the seller with return receipt
before 12:00 Midnight of the third business day after the date of
the contract. The notice must be accompanied by the contract
forms, membership cards, and any and all other documents and
evidence of membership previously delivered to the buyer. If the
health spa member so cancels, any payments made under the
contract will be refunded and any evidence of indebtedness exe-
cuted by the health spa member will be canceled by the seller,
provided that the member shall be liable for the fair market value
of services actually received, which in no event shall exceed $25.00.
The preparation of any documents shall not be construed to be
services;
(E) If a health spa member executes a contract and pays
moneys before a spa facility is fully operational and available for
use and if such spa facility is not fully operational and available for
use within 60 days from the date of the contract, then such
member shall have until three business days after the spa facility
is fully operational and available for use to cancel the contract and
receive a refund of any payments made the seller, provided that
the buyer shall be liable for the fair market value of the services
actually received, which in no event shall exceed $25.00. The
GEORGIA LAWS 1984 SESSION
465
preparation of documents shall not be construed to be services.
Such notice must be in writing and either mailed by certified or
registered mail to the seller or hand delivered to the seller with a
return receipt within said period of time. The notice must be
accompanied by the contract forms, membership cards, and any
and all other documents and evidence of membership previously
delivered to the buyer;
(F) Every contract for health spa services shall contain a
clause providing that, if the member becomes totally and perma-
nently disabled during the membership term, he may cancel his
contract and that the health spa is entitled to a reasonable
predetermined fee in such event in addition to an amount equal to
the value of services made available for use. The health spa shall
have the right to require and verify reasonable evidence of total
and permanent disability. Total and permanent disability means
such disability as would prevent the member from using any of the
health spa facilities;
(G) The health spa contract should state that, if a consumer
has a history of heart disease, he should consult a physician before
joining a spa;
(H) Every health spa:
(i) Shall maintain a bond issued by a surety company
admitted to do business in the state. The principal sum of the
bond shall be according to the following schedule: One to
three locations - $50,000.00; four to six locations -
$100,000.00; seven to nine locations - $150,000.00; ten to 12
locations - $200,000.00; and 13 or more locations -
$250,000.00. For purposes of this division, the term location
shall include health spa facilities controlled by, under
common control with, or which control other health spa
corporations. The bond shall be obtained before any con-
tracts for health spa services are sold. The bond shall be in
favor of the state for the benefit of any person injured as a
result of a violation of this part. The aggregate liability of the
surety to all persons for all breaches of the conditions of the
bonds provided in this division shall in no event exceed the
amount of the bond. After July 1, 1984, proof of such bond
shall be furnished to the administrator prior to selling any
contracts for health spa services. Thereafter, no contract for
466
GENERAL ACTS AND RESOLUTIONS, VOL. I
health spa services shall be sold unless proof of a current bond
is on file with the administrator or the health spa is currently
meeting the requirements of division (ii) or of division (iii) of
this subparagraph. All bonds, letters of credit as described in
division (ii) of this subparagraph, or exemptions as described
in division (iii) of this subparagraph shall be effective for a
period ending on June 30 of each year. Any health spa which
wishes to request an exemption from the requirements of this
division or division (ii) of this subparagraph must submit a
written request at least 90 days prior to July 1 of the year in
which it desires the exemption;
(ii) In lieu of furnishing the administrator with proof of
the bond required in division (i) of this subparagraph, may
furnish the administrator with a certified copy of an irrevoca-
ble letter of credit from a banking institution licensed to do
business in this state in an amount equal to the amount of the
appropriate bond set forth in division (i) of this subpara-
graph. Such letter of credit shall be in favor of the state for
the benefit of any person injured as a result of a violation of
this part; or
(iii) In lieu of furnishing the administrator with proof of
the bond in division (i) of this subparagraph or with the
irrevocable letter of credit in division (ii) of this subpara-
graph, may furnish to the administrator a request that it be
exempt from the provisions of division (i) or (ii) of this
subparagraph, including documentation to establish such
sufficient financial responsibility as would enable the health
spa to satisfy possible claims in an amount equal to the
amount that otherwise would have been required in the bond.
In the event the health spa is controlled by, under common
control with, or controls other corporations, and the health
spa or such other corporations agree in writing to satisfy the
claims in an amount equal to the amount that otherwise
would have been required in the bond, then the financial
responsibility of the health spa and of such other corporations
may be considered by the administrator in determining
whether to grant the request of the health spa. It shall be
within the discretion of the administrator to determine what
criteria, if any, meet the requirements of this subparagraph.
It shall not be an abuse of discretion for the administrator to
determine that a health spa or spas cannot adequately assure
GEORGIA LAWS 1984 SESSION
467
protection for consumers equal to that contained in the bond
or in the irrevocable letter of credit;
(I) In addition to any other penalties provided for in this
part, any health spa operator violating the provisions of subpara-
graph (H) of this paragraph shall be guilty of a misdemeanor;
(J) Every contract for health spa services shall contain a
clause providing that, if the member dies during the membership
term or any renewal term, his estate may cancel his contract and
that the health spa is entitled to a reasonable predetermined fee in
such event in addition to an amount computed by dividing the
contract price for the appropriate term by the number of weeks of
the term and multiplying the result by the number of weeks
expired in the term. The contract may require the members
estate seeking relief under this subparagraph to provide reason-
able proof of death; and
(K) All moneys due the consumer under contracts canceled
for the reasons contained in this paragraph shall be refunded
within 30 days of receipt of such notice of cancellation;.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
PUBLIC OFFICERS AND EMPLOYEES CERTAIN
OFFICIALS REMOVED FROM THE CLASSIFIED
SERVICE.
Code Section 45-20-2 Amended.
No. 849 (House Bill No. 1249).
AN ACT
To amend Code Section 45-20-2 of the Official Code of Georgia
468
GENERAL ACTS AND RESOLUTIONS, VOL. I
Annotated, relating to definitions pertaining to the State Merit
System of Personnel Administration, so as to remove the director of
the Personnel Division of the Department of Administrative Services
from the classified service; to remove the official of the Department of
Human Resources in charge of vocational rehabilitation from the
classified service; to remove the director of the Environmental Pro-
tection Division of the Department of Natural Resources from the
classified service; to exclude certain other positions in the Depart-
ment of Natural Resources from the classified service; to provide for
applicability of certain laws with respect to unclassified employees of
the Department of Natural Resources who are paid on an hourly
basis; to 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) of Code Section 45-20-2 and inserting in lieu thereof a new
paragraph (2) 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; but those officers and employees excluded by this article shall
not be included.
Section 2. Said Code section is further amended by striking
subparagraphs (X) and (Y) of paragraph (15) and inserting in lieu
thereof new subparagraphs (X), (Y), and (Z) to read as follows:
(X) Additional positions of unique functions as may be autho-
rized by the commissioner;
(Y) Positions in the class Major assigned to the Uniform Divi-
sion of the Department of Public Safety; and
GEORGIA LAWS 1984 SESSION
469
(Z) The officers, officials, employees, and positions of the
Department of Natural Resources, except those officers, officials,
employees, and positions which are as of the effective date of this
subparagraph in fact in the classified service or which the commis-
sioner designates as being in the classified service of the merit system
unless placed in the unclassified service under another provision of
this chapter. Unclassified employees of the Department of Natural
Resources who are paid on an hourly basis shall continue not to be
entitled to other benefits of employment, including, but not limited
to, the accrual of annual and sick leave, membership within the
Employees Retirement System of Georgia, and inclusion under the
health insurance plan for state employees as provided for in Article 1
of Chapter 18 of Title 45.
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 14,1984.
SUPERIOR COURTS CLAYTON JUDICIAL
CIRCUIT NUMBER OF JUDGES INCREASED
TO FOUR.
Code Section 15-6-2 Amended.
No. 850 (House Bill No. 1312).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to numbers of superior court judges for each
judicial circuit, so as to increase to four the number of judges for the
Clayton Judicial Circuit; to provide for the appointment and term of
470
GENERAL ACTS AND RESOLUTIONS, VOL. I
the initial judge; to provide for the election and term of successors to
the initial judge; to provide for the compensation, salary, and expense
allowance of said judge to be paid by the State of Georgia and the
counties comprising said circuit; to authorize the judges of said court
to divide and allocate the work and duties thereof; to provide for an
additional court reporter for said circuit; to declare inherent author-
ity; to provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to numbers of superior court judges for each
judicial circuit, is amended by striking paragraph (10) and inserting
in its place a new paragraph to read as follows:
(10) Clayton Circuit..............................4
Section 2. The number of superior court judges of the Clayton
Judicial Circuit is increased from three to four. The initial judge to
fill the fourth judgeship shall be appointed by the Governor for a term
beginning July 1, 1985, and ending December 31, 1986, and until a
successor is elected and qualified. Thereafter said fourth judge shall
be elected in 1986 and quadrennially thereafter for a term of four
years as provided by law.
Section 3. The qualifications of such additional judge and his
successors shall be the same as are now provided by law for all other
superior court judges, and his compensation, salary, and expense
allowance from the State of Georgia and from the counties of such
circuit shall be the same as that of the other judges of the superior
courts of the Clayton Judicial Circuit. The provisions, if any,
heretofore enacted for the supplementation by the counties of said
circuit of the salary of the judge of the superior courts of the Clayton
Judicial Circuit shall also be applicable to the additional judge
provided for by this Act.
Section 4. The four judges of the superior courts of the Clayton
Judicial Circuit of Georgia in transacting the business of said courts
and in performing their duties and responsibilities shall share, divide,
and allocate the work and duties to be performed by each. In the
event of any disagreement between said judges in any respect thereof,
the decision of the senior judge in point of service, who shall be known
GEORGIA LAWS 1984 SESSION
471
as the chief judge, shall be controlling. The chief judge shall appoint
the judge of the juvenile court as provided by law. The four judges of
the superior courts of the Clayton Judicial Circuit shall have and they
are hereby clothed with full power, authority, and discretion to
determine from time to time, and term to term, the manner of calling
the dockets or fixing the calendars and order of business in said
courts. They may assign to one or more of said judges the hearing of
trials by jury for a term, and the hearing of all other matters not
requiring a trial by a jury to one or more of the other judges, and they
may rotate such order of business at the next term. They may
conduct trials by jury at the same time in the same county or
otherwise within said circuit, or they may hear chambers business and
motion business at the same time at any place within said circuit.
They may provide in all respects for holding the superior courts of
said circuit so as to facilitate the hearing and determination of all the
business of said courts at any time pending and ready for trial or
hearing. In all such matters relating to the manner of fixing,
arranging for, and disposing of the business of said courts, and
making appointments as authorized by law where the judges thereof
cannot agree or shall differ, the opinion or order of the chief judge as
hereinbefore defined shall control.
Section 5. The four judges of the Clayton Judicial Circuit shall
be authorized and empowered to appoint an additional court reporter
for such circuit, whose compensation shall be as now or hereafter
provided by law.
Section 6. Nothing herein enumerated shall be deemed to limit
or restrict the inherent powers, duties, and responsibilities of superior
court judges provided by the Constitution and statutes of the State of
Georgia.
Section 7. This Act shall become effective July 1,1985, except
that this Act shall, for purposes of the appointment by the Governor
of the initial judge to fill the judgeship created by this Act, 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 14,1984.
472
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPERIOR COURTS HOUSTON JUDICIAL
CIRCUIT NUMBER OF JUDGES INCREASED
TO TWO.
Code Section 15-6-2 Amended.
No. 851 (House Bill No. 1390).
AN ACT
To amend Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to the number of superior court judges for each
judicial circuit, so as to increase to two the number of judges for the
Houston Judicial Circuit; to amend an Act creating the Houston
Judicial Circuit, approved April 16, 1969 (Ga. L. 1969, p. 427), as
amended by an Act approved April 3,1972 (Ga. L. 1972, p. 967), so as
to provide for the initial appointment and subsequent election of the
second judge of Superior Court of the Houston Judicial Circuit; to
provide for the powers, duties, and compensation of said judge; to
provide for a chief judge; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-6-2 of the Official Code of Georgia
Annotated, relating to the number of superior court judges for each
judicial circuit, is amended by striking paragraph (21) of subsection
(a) and inserting in its place a new paragraph to read as follows:
(21) Houston Circuit...........................2.
Section 2. An Act creating the Houston Judicial Circuit,
approved April 16,1969 (Ga. L. 1969, p. 427), as amended by an Act
approved April 3, 1972 (Ga. L. 1972, p. 967), is amended by adding
new Sections 1.1 through 1.4 to read as follows:
Section 1.1. A new judge of the superior courts is added to the
Houston Judicial Circuit, thereby increasing to two the number of
judges of said circuit.
Section 1.2. The initial judge to fill the second judgeship shall be
appointed by the Governor for a term beginning July 1, 1985 and
GEORGIA LAWS 1984 SESSION
473
ending December 31, 1986, and until a successor is elected and
qualified. Thereafter said second judge shall be elected in 1986 and
quadrennially thereafter for a term of four years as provided by law.
Section 1.3. Said additional judge shall have and may exercise all
the powers, duties, dignity, jurisdiction, privileges, and immunities of
the present judges of the superior courts of this state. Either judge of
the circuit may preside over any case therein and perform any official
act as judge thereof. The judges of the circuit in transacting the
business of the court shall share, divide, and allocate the work and
duties to be performed by each. In the event of any disagreement
between said judges in any respect thereof, the decision of the senior
judge in point of service, who shall be known as the chief judge, shall
be controlling.
Section 1.4. The compensation, salary, expenses, and local salary
supplement of the additional judge shall be the same as that of the
other judge of the circuit.
Section 3. This Act shall become effective July 1,1985, except
that this Act shall, for purposes of the appointment by the Governor
of the initial judge to fill the judgeship created by this Act, 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.
Notice is hereby given that there will be introduced at the regular
1984 session of the General Assembly of Georgia a bill to create a
second superior court judgeship for the Houston Judicial Circuit; to
provide for the powers, duties, and compensation, including local
salary supplement, of said judge; to provide for a chief judge; and for
other purposes.
This 17th day of January, 1984.
474
GENERAL ACTS AND RESOLUTIONS, VOL. I
Larry Walker
Representative,
115th District
Ted Waddle
Representative,
113th District
Roy H. Watson
Representative,
114th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Larry Walker, who, on oath, deposes
and says that he is Representative from the 115th District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Houston Home Journal which is the official
organ of Houston County, on the following date: January 26,1984.
/s/ Larry Walker
Representative,
115th District
Sworn to and subscribed before me,
this 30th day of January, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
475
STATE BOTANICAL GARDEN OF GEORGIA
DESIGNATED.
No. 38 (Senate Resolution No. 277).
A RESOLUTION
Designating the Botanical Garden at the University of Georgia as
the State Botanical Garden of Georgia; and for other purposes.
WHEREAS, in 1968, President Davison appointed the Botanical
Garden Committee which was charged with developing a unique and
beneficial botanical garden which would serve the citizens of the
state. A 293 acre site was designated in the same year; the garden was
included in the University of Georgia Master Plan in 1969, and a
budget for the garden was established in 1970; and
WHEREAS, the Botanical Garden is truly one of the most beauti-
ful and educational gardens of the state where visitors can view
thousands of native and cultivated plants; and
WHEREAS, the garden is one of the states most valued resources
and is visited each year by over 40,000 persons who walk its paths and
behold natures splendor; and
WHEREAS, in todays world it is essential to mans well-being
that tranquil sites be maintained where people can see and explore
natures bountiful wonders. The Botanical Garden is one such place;
and
WHEREAS, it is only fitting and proper that we recognize the
achievement and beauty represented by the garden; and it is only
appropriate, therefore, that the significance of this institution to the
State of Georgia and to all Georgians be recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the Botanical Garden of the Univer-
sity of Georgia is designated the State Botanical Garden of Georgia.
476
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT FURTHER RESOLVED that the Secretary of the Senate
is authorized and directed to transmit an appropriate copy of this
resolution to the director of the garden.
Approved March 14,1984.
CONVEYANCE OF LAND TO THE MERIWETHER
COUNTY BOARD OF COMMISSIONERS.
No. 39 (Senate Resolution No. 301).
A RESOLUTION
Authorizing the conveyance of certain real property located in
Meriwether County, Georgia; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located in Meriwether County, Georgia, which formerly was
under the control and jurisdiction of the State Board of Corrections
and the State Department of Offender Rehabilitation; and
WHEREAS, Meriwether County conveyed said real property to
the State of Georgia for $1.00 in 1955; and
WHEREAS, the property was declared surplus by the Depart-
ment of Offender Rehabilitation, and jurisdiction and control thereof
was transferred to the State Properties Commission; and
WHEREAS, said real property is all that tract or parcel of land
lying and being in the County of Meriwether, State of Georgia, and
being more particularly described as follows:
All that tract or parcel of land situate, lying and being in the
Southwest corner of Land Lot Number 126 in the Second Land
District of Meriwether County, Georgia, containing 13.2 acres of land
and more particularly described as follows:
GEORGIA LAWS 1984 SESSION
477
BEGINNING at a point on the original West line of Land Lot
Number 126, said point being on the North right of way of Paved
Highway Number 41 and being 620 feet due North from the original
Southwest corner of Land Lot Number 126, and running thence along
the North Right of Way of said Paved Highway Number 41 South 29
degrees 45. minutes East a distance of 389 feet to the North Right of
Way of a country road; thence running along the North Right of Way
of said country road North 60 degrees 15 minutes East a distance of
940 feet; thence North 29 degrees 45 minutes West a distance of 630
feet; thence South 60 degrees 15 minutes West a distance of 800 feet
to the original West line of Land Lot Number 126, thence due South
along said original West line of Land Lot Number 126 a distance of
300 feet to the point of beginning and bounded as follows: On the
North by lands of Meriwether County, known as the Airport lands; on
the East by lands of Meriwether County, known as the Airport lands;
and a country road running East and West; on the South by the
aforementioned country road running East and West and Paved
Highway Number 41; and on the West by Paved Highway Number 41
and lands of Jackson Box and Lumber Company. Also included are
all permanent improvements, tenements, and appurtenances,
thereunto belonging or in any wise appertaining to the above-
described property, including the right of ingress and egress thereto
and therefrom at all times.;
and
WHEREAS, the above-described property is no longer needed by
the State of Georgia and is therefore surplus; and
WHEREAS, the Board of Commissioners of Meriwether County
is desirous of obtaining the above-described property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of approxi-
mately 13.2 acres of land in Meriwether County, Georgia, as refer-
enced hereinabove (hereinafter referred to as the Property) and
that, in all matters relating to the conveyance of the Property, the
State of Georgia is acting by and through the State Properties
Commission.
478
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. That the State of Georgia, acting by and through the
State Properties Commission, convey to the Meriwether County
Board of Commissioners the property subject to the following:
(1) That a plat of survey of the property be prepared by the
Meriwether County Board of Commissioners and submitted to
and approved by the State Properties Commission;
(2) That the consideration for the conveyance of the prop-
erty shall be $1.00; and
(3) Such other terms and conditions as determined by the
State Properties Commission to be in the best interests of the
state.
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 4. That it is the intent of the General Assembly of
Georgia that this transfer further enhance the general health and
welfare of all citizens within Meriwether County and it is recognized
that a certain facility known as the Meriwether County Training
Center provides needed services to the developmentally disabled.
Since this training center is largely dependent upon funding through
the Georgia Department of Human Resources, it is urged that the
Georgia Department of Human Resources continue, subject to the
availability of funds and subject to a continued need for the facility, a
contractual relationship with the county board of health or other
appropriate entity in order that there can continue to be a proper
training center providing competent and professional services for the
developmentally disabled or such others who may be receiving care
and training at the existing Meriwether County Training Center in
Warm Springs, Georgia. In order to provide services which now exist
at this training center, such contractual relationship should also
include, if necessary, provisions for reimbursement of customary
operating expenses and reasonable overhead so that the physical
environment is safe and properly maintained.
Section 5. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
GEORGIA LAWS 1984 SESSION
479
Section 6. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 14,1984.
LEASE OF CERTAIN REAL PROPERTY IN THE
CITY OF PELHAM.
No. 40 (Senate Resolution No. 313).
A RESOLUTION
Authorizing the lease of certain real property located in the City of
Pelham, Mitchell County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, the building and shed located at the State Farmers
Market at Pelham, Mitchell County, Georgia, known as the most
northern shed in said market site is currently leased to the Pelham
Development Corporation under a lease agreement entered into on
the first day of May, 1978; and
WHEREAS, said lease expired on February 28,1983; and
WHEREAS, said tract of land is more particularly described as
follows:
All that tract and parcel of land lying and being in land lots Nos.
267 and 268,10th Land District, Mitchell County, Georgia, and more
particularly described as follows:
Beginning at a point on the Easterly side of the right-of-way of
Georgia State Highway No. 3 which said point is located 122 feet
North 1 30 East of the point where the Easterly side of the right-of-
way of Georgia State Highway No. 3 intersects the original land lot
line dividing Land Lots 267 and 268; thence from said beginning point
480
GENERAL ACTS AND RESOLUTIONS, VOL. I
proceeding North 88 30 East a distance of 733.5 feet to a point;
thence proceeding South 10 30 West a distance of 205 feet to a
point; thence proceeding South 88 30 West a distance of 733.5 feet
to a point on the Easterly side of the right-of-way of Georgia State
Highway No. 3; thence proceeding North 1 30 East along the
Easterly side of the right-of-way on Georgia State Highway No. 3,
East a distance of 205 feet to point of beginning.
Said property is shown and delineated on a plat prepared by N. R.
Singletary, Commissioned Land Surveyor, Thomas County, Georgia,
a copy of which was heretofore attached as Exhibit A to that certain
Resolution previously authorizing the lease of the said property to the
Pelham Development Corporation (Ga. L. 1972, p. 892) and reference
to that plat is made for a more particular description.;
and
WHEREAS, the Pelham Development Corporation can use such
property to the great benefit of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the
referenced hereinabove described property and that in all matters
relating to the leasing of said 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, is authorized to lease the hereinabove
described tract of land to the Pelham Development Corporation for a
period of one year to commence upon execution of the lease agree-
ment, subject to the following conditions:
(1) That the consideration for the lease shall be $1,000.00 per
month for a period of 12 months; and
(2) Such other terms and conditions as determined by the State
Properties Commission to be in the best interests of the state.
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such leasing.
GEORGIA LAWS 1984 SESSION
481
Section 4. That this Act 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 Act
are repealed.
Approved March 14,1984.
CONVEYANCE OF CERTAIN REAL PROPERTY
TO THE CITY OF WOODBURY.
No. 41 (Senate Resolution No. 315).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Meriwether County, Georgia, to the City of Woodbury; 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 Woodbury, Meriwether County,
Georgia; and
WHEREAS, said real property is described as follows:
All or part of that certain tract or parcel of land located in Land
Lot 67 of the Lower 9th District of Meriwether County, Georgia,
beginning on the southwest line of Second (formerly Depot) Street at
a point 22 feet southeastwardly, measured at right angles, from the
center line of the Atlantic Coast Line Railroad Companys main
track; running thence southeastwardly along said Street line 108.3
feet, more or less, to a point 125 feet southeastwardly, measured at
right angles, from said center line; thence southwestwardly, parallel
with said center line, 218.4 feet to a line which was the dividing line
between land formerly of A. R. Chunn and land formerly of Bion
482
GENERAL ACTS AND RESOLUTIONS, VOL. I
Williams; thence northwestwardly along said dividing line 8.3 feet,
more or less, to a point 117 feet southeastwardly, measured at right
angles, from said center line; thence southwestwardly 207.5 feet to a
point on the northeast line of First Street distant 55 feet southeast-
wardly, measured at right angles, from said center line; thence
northwestwardly along the northeast line of First Street 34.7 feet,
more or less, to a point 22 feet southeastwardly, measured at right
angles, from said center line; thence northeastwardly, parallel with
said center line, 436.8 feet to the point of beginning; containing 0.86
acre, more or less;
and
WHEREAS, the Department of Agriculture currently has the
above-described property under its custody and management as a
peach-packing facility; and
WHEREAS, the Department of Agriculture has determined that
the operation of a peach-packing facility at this location is not
feasible due to the decrease of peach production in the area and
therefore the property is surplus to their needs; and
WHEREAS, the City of Woodbury is desirous of obtaining all of
the above-described real property for industrial development pur-
poses.
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 the City of Woodbury or
a purchaser approved by the State Properties Commission by the
State of Georgia, acting by and through the State Properties Commis-
sion, for the fair market value and upon such further considerations
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
GEORGIA LAWS 1984 SESSION
483
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 or drawing
of the property, the conveyance of which is authorized by this
resolution, currently on file with the State Properties Commission,
shall constitute an acceptable plat for filing with the Secretary of
State.
Section 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 14,1984.
RESOLUTION (1975 NUMBER 55) AUTHORIZING
CONVEYANCE OF CERTAIN PROPERTY TO
CITY OF MILLEN AMENDED.
Ga. Laws 1975, p. 1511 Amended.
No. 42 (Senate Resolution No. 344).
A RESOLUTION
To amend a Resolution (Res. Act No. 55) authorizing the con-
veyance of certain real property located in Jenkins County to the City
of Millen, approved April 25, 1975 (Ga. L. 1975, p. 1511), so as to
change the terms and conditions of said conveyance; to provide an
effective date; to repeal conflicting laws; and for other purposes.
484
GENERAL ACTS AND RESOLUTIONS, VOL. I
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A Resolution (Res. Act No. 55) authorizing the
conveyance of certain real property located in Jenkins County to the
City of Millen, approved April 25, 1975 (Ga. L. 1975, p. 1511), is
amended by striking therefrom the next to last paragraph, which was
designated paragraph (4), and inserting in lieu thereof a new para-
graph (4) to read as follows:
(4) That the said tract or parcel of land shall be used only for
public or other nonprofit purposes and uses, and in the event that this
park is abandoned for these uses, it shall revert to the State.
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 14,1984.
CONSENT FOR THE CITY OF WEST POINT TO
ANNEX CERTAIN STATE OWNED REAL PROPERTY.
No. 43 (Senate Resolution No. 366).
A RESOLUTION
Consenting to the annexation of certain state owned real property
located in Harris County into the corporate limits of the City of West
Point; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located in Harris County; and
GEORGIA LAWS 1984 SESSION
485
WHEREAS, such property is under the control of the Department
of Transportation; and
WHEREAS, the West Point State Welcome Center is located on
such real property; and
WHEREAS, it would be beneficial to the State of Georgia and the
persons using the West Point State Welcome Center to have the real
property on which such center is located annexed into the corporate
limits of the City of West Point so that the center could receive
municipal services from the city; and
WHEREAS, such property is located adjacent to the present
corporate limits of the City of West Point, except for the width of I-
85; and
WHEREAS, Code Section 36-36-2 of the Official Code of Georgia
Annotated authorizes the annexation of such property upon the
application of the landowners affected; and
WHEREAS, such real property is more particularly described as
follows:
Being a tract or parcel of land lying and being in Land Lot 281 of
the 5th Land District, Harris County, Georgia, and being
more particularly described as follows:
Beginning at a point lying 150 feet right, southeast of, and
opposite 1-85-1(52) Survey Centerline Station 84 +
00, said point being a point on the existing southeast
right of way line of 1-85; thence northeasterly along
said existing right of way line which follows 3 straight
line a distance of 2,182.85 feet to a point lying 150 feet
right, southeast of, and opposite 1-85-1(52) Survey
Centerline Station 105 + 82.85; thence northeasterly
continuing along said existing right of way line of 1-85
which follows a curved line a distance of 559.7 feet to a
point lying 150 feet right, southeast of, and opposite I-
85-1(52) Survey Centerline Station 111 + 50; thence
southwesterly along a straight line a distance of
847.68 feet to a point lying 250 feet right, southeast of,
and opposite said Survey Centerline Station 103 +
00; thence southeasterly along a straight line a
486
GENERAL ACTS AND RESOLUTIONS, VOL. I
distance of 400 feet to a point lying 650 feet right,
southeast of, and opposite said Survey Centerline
Station 103 + 00; thence southeasterly along a
straight line a distance of 500 feet to a point lying
1,050 feet right, southeast of, and opposite said
Survey Centerline Station 100 + 00; thence south-
westerly along a straight line lying 1,050 feet right,
southeast of, and parallel to said survey centerline a
distance of 300 feet to a point lying 1,050 feet right,
southeast of, and opposite said Survey Centerline
Station 97 + 00; thence southwesterly along a
straight line a distance of 610.33 feet to a point lying
700 feet right, southeast of, and opposite said Survey
Centerline Station 92 + 00; thence northwesterly
along a straight line a distance of 474.34 feet to a point
lying 250 feet right, southeast of, and opposite said
Survey Centerline Station 90 + 50; thence southwest-
erly along a straight line a distance of 657.65 feet back
to the point of beginning.
Said tract or parcel of land containing 21.96 acres and being bound
on the northwest by 1-85; and on the northeast and south-
east by other lands of the condemnee.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the General Assembly and the State
of Georgia hereby grant their consent to the annexation of the above-
described real property into the corporate limits of the City of West
Point and authorize the commissioner of transportation to execute all
documents required and to take any action necessary to make appli-
cation to the City of West Point for the annexation of such real
property pursuant to Code Section 36-36-2 of the Official Code of
Georgia Annotated.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
487
CONVEYANCE OF CERTAIN REAL PROPERTY
LOCATED IN CHATTANOOGA, TENNESSEE.
No. 47 (House Resolution No. 487).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Chattanooga, Hamilton County, Tennessee; 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 Chattanooga, Hamilton County,
Tennessee; and
WHEREAS, said real property is described as follows:
All or part of that certain tract or parcel of land containing the
remaining Western and Atlantic Railroad right-of-way between
Broad Street and Market Streets located in Chattanooga, Hamilton
County, Tennessee, that is currently leased to the Seaboard System
Railroad, more particularly described as Western & Atlantic Rail-
road property to remain in Louisville & Nashville Railroad is pt. nos.
1, 2, 3, 4, 7, 1-0.230 acre/10,013.37 sq. ft. as shown on that survey
prepared for the State of Georgia and its State Properties Commis-
sion by Georgia Registered Land Surveyor Guy Herbert Wells III
dated April 21,1978, and revised October 31,1978, February 21,1979,
and March 8,1979.;
and
WHEREAS, the State of Georgia currently has the above-
described property leased to the Seaboard System Railroad until
December 31,1994; and
WHEREAS, Amos and Andy Buick Company owns property
adjoining the above-described real property; and
WHEREAS, Amos and Andy Buick is desirous of obtaining all of
the above-described real property for addition to their property.
488
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Section 3. That the State Properties Commission is authorized
to convey any and all of the above described property for a considera-
tion not less than the fair market value upon such terms and condi-
tions as the State Properties Commission shall determine to be in the
best interest of the State of Georgia.
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 14,1984.
GEORGIA LAWS 1984 SESSION
489
CONVEYANCE OF CERTAIN PROPERTY TO THE
CITY OF DALTON.
No. 49 (House Resolution No. 504).
A RESOLUTION
Authorizing the conveyance of certain state owned property to the
City of Dalton, Georgia; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, a portion of the Western and Atlantic Railroad
property is not required for the purposes of said railroad and is,
therefore, surplus property to the State of Georgia; and
WHEREAS, said property is described as follows:
A portion of the Western and Atlantic Railroad Freight Depot Lot
lying and being in Land Lot 219 of the 12th District, 3rd Section,
Whitfield County, Georgia, and described as a portion of parcel no. 6
of the Western and Atlantic Railroad Valuation Map No. V2/S.47 as
filed in the State of Georgia Archives Building, Fulton County,
Georgia (said property shall be more particularly described by a plat
of survey prepared by a Georgia Registered Land Surveyor furnished
to the state by the City of Dalton);
and
WHEREAS, the said lot is adjacent to certain property that was
authorized to be conveyed to the City of Dalton by the 1979 General
Assembly; and
WHEREAS, the City of Dalton is interested in obtaining this
remaining portion of the property known as the Depot Lot.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-
mentioned property and that, in all matters relating to the convey-
ance of the property, the State of Georgia is acting by and through its
State Properties Commission. The State of Georgia, acting by and
490
GENERAL ACTS AND RESOLUTIONS, VOL. I
through the State Properties Commission, is authorized to convey the
hereinabove described property to the City of Dalton subject to the
following conditions:
(1) That said tract of land shall be conveyed to the City of
Dalton for a consideration determined by the State Properties
Commission and upon such further conditions and provisions as
directed by the State Properties Commission;
(2) That a plat of survey of the said tract be prepared by the
City of Dalton and submitted to the State Properties Commis-
sions executive director for his approval;
(3) That the conveyance of the said tract of land shall be
approved by the State Properties Commission; and
(4) That the conveyance of the said property shall be condi-
tioned upon the lessee of the Western and Atlantic Railroad
conveying its interest in said property to the State of Georgia by
appropriate instrument.
Section 2. 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 3. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 14,1984.
GEORGIA LAWS 1984 SESSION
491
RESTRICTION ON CITY OF ATLANTA CHANGING
UTILIZATION OF STREET LEVEL PLAZA OVER
WESTERN AND ATLANTIC RAILROAD PROPERTY.
Ga. Laws 1945, p. 1221 Amended.
No. 50 (House Resolution No. 524).
A RESOLUTION
To amend an Act (Res. No. 28) permitting the City of Atlanta to
build and construct ways, streets, roads, bridges, viaducts, or plazas
over the Western & Atlantic Railroad property, approved March 8,
1945 (Ga. L. 1945, p. 1221), so as to prohibit the City of Atlanta from
undertaking new construction on or changing the utilization of any
part of any street-level plaza constructed over Western & Atlantic
Railroad property prior to a certain date without the written approval
of the State Properties Commission; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. An Act (Res. No. 28) permitting the City of Atlanta to
build and construct ways, streets, roads, bridges, viaducts, or plazas
over the Western & Atlantic Railroad property, approved March 8,
1945 (Ga. L. 1945, p. 1221), is amended by adding at the end thereof a
new paragraph to read as follows:
Provided, further, that the City of Atlanta shall be prohibited
from undertaking any new construction on or changing the present
utilization of any part of any street-level plaza constructed over
Western & Atlantic Railroad property prior to January 1, 1984,
without the written approval of the State Properties Commission.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
492
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
CONVEYANCE OF CERTAIN PROPERTY LOCATED
IN MERIWETHER COUNTY.
No. 51 (House Resolution No. 544).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Meriwether County, Georgia, in order to settle certain
boundary line discrepancies; 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, approximately 7.05 acres, located within Meriwether
County, Georgia, purchased from the City of Manchester in 1961 and
utilized by the Department of Public Safety as a Patrol Post site; and
WHEREAS, efforts have been made to determine the exact
boundary lines pertaining to several landowners in the vicinity of the
above-mentioned state property; and
WHEREAS, Provident Broadcasting Company, an adjoining
landowner to the above-mentioned state property, intends to con-
struct a 1,000 foot radio transmission tower, which has been approved
by the Federal Communications Commission, and desires to perfect
certain property boundary lines before beginning construction of said
tower; and
WHEREAS, the deed conveying the above-mentioned state prop-
erty to the state describes the west property line as being 195.4 feet
south along the west boundary line of Land Lot Number 243; and
GEORGIA LAWS 1984 SESSION
493
WHEREAS, it has been determined that the actual property line
is 20 feet east of the west boundary line of Land Lot Number 243; and
WHEREAS, Provident Broadcasting Company is desirous of
obtaining a parcel 20xl95 from the State of Georgia to clear said
property line and is agreeable to allowing the Department of Public
Safety to attach the Patrol Posts radio transmission facilities on the
tower to be constructed by the company; and
WHEREAS, the above-mentioned parcel will be more particularly
described by a plat of survey prepared by a Georgia Registered Land
Surveyor and presented to the State Properties Commission for
approval; and
WHEREAS, the above-mentioned parcels conveyance will not
diminish any actual boundary line distances or affect any Georgia
State Patrol Posts operations.
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 State Properties Commission is authorized
to convey any and all of the above described property to Provident
Broadcasting Company for a consideration not less than the fair
market value upon such terms and conditions as the State Properties
Commission shall determine to be in the best interest of the State of
Georgia.
Section 3. That a plat of the property to be used in the
conveyance authorized by this resolution shall be prepared by Provid-
ent Broadcasting Company and presented to the State Properties
Commission for approval by its executive director.
Section 4. That the State Properties Commission is authorized
to execute any other documents or agreements of understanding that
might be needed to settle any boundary line disputes of the approxi-
mately 7.05 acres conveyed to the state by the City of Manchester in
1961.
494
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 14,1984.
RESOLUTION AUTHORIZING CONVEYANCE OF
LAND TO AMERICAN HEART ASSOCIATION
REPEALED.
Ga. Laws 1982, p. 1352 Repealed.
No. 52 (House Resolution No. 631).
A RESOLUTION
To repeal a resolution entitled A Resolution requesting that the
Georgia Building Authority (Hospital) and the State of Georgia,
acting by and through the Board of Human Resources of the State of
Georgia and/or the Department of Human Resources, and/or the
Board of Human Resources of the State of Georgia, acting for and on
behalf of itself and the Department of Human Resources, make 2.62
acres of land in DeKalb County, Georgia, available to the American
Heart Association, Georgia Affiliate, for the purpose of their con-
structing and operating thereon an office building and other facilities
to house the programs of that organization; to provide an effective
date; and for other purposes., approved April 16,1982 (Ga. L. 1982,
p. 1352); to provide an effective date; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1984 SESSION
495
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. A resolution entitled A Resolution requesting that
the Georgia Building Authority (Hospital) and the State of Georgia,
acting by and through the Board of Human Resources of the State of
Georgia and/or the Department of Human Resources, and/or the
Board of Human Resources of the State of Georgia, acting for and on
behalf of itself and the Department of Human Resources, make 2.62
acres of land in DeKalb County, Georgia, available to the American
Heart Association, Georgia Affiliate, for the purpose of their con-
structing and operating thereon an office building and other facilities
to house the programs of that organization; to provide an effective
date; and for other purposes., approved April 16,1982 (Ga. L. 1982,
p. 1352), is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 14,1984.
LEGAL DEFENSE OF INDIGENTS METHOD OF
APPOINTING PUBLIC DEFENDER IN CERTAIN
COUNTIES (550,000 OR MORE).
Code Title 17, Chapter 12 Amended;
Article 4 Enacted.
No. 866 (House Bill No. 1338).
AN ACT
To amend Chapter 12 of Title 17 of the Official Code of Georgia
Annotated, relating to the legal defense of indigents, so as to provide
for a method of appointing the public defender in all counties having
a population of 550,000 or more according to the United States
496
GENERAL ACTS AND RESOLUTIONS, VOL. I
decennial census of 1980 or any future such census; to provide for a
staff, expenses, and funding; to provide for immunity; to provide for
applicability; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 12 of Title 17 of the Official Code of Georgia
Annotated, relating to the legal defense of indigents, is amended by
adding at the end thereof a new Article 4 to read as follows:
ARTICLE 4
17-12-70. The General Assembly finds that counties in this state
with large populations can best provide defense services for indigent
persons accused of crimes through the office of a public defender.
17-12-71. (a) In all counties of this state having a population of
550,000 or more according to the United States decennial census of
1980 or any future such census in which there has been established an
office of public defender for the county and in which there has been
established a position of county manager, there shall be established a
nominating committee whose duty shall be to interview those persons
licensed to practice law in this state and who are competent to counsel
and defend a person charged with a crime and who have expressed an
interest in filling a vacancy or anticipated vacancy of the position of
public defender of said county. This committee shall be further
empowered to interview persons other than those who have expressed
an interest in such office but shall not nominate such other person
without such persons consent.
(b) (1) This committee shall consist of a representative
selected by each of the associations existing at the time this article
becomes effective in such county and whose members are made up
of those individuals who are licensed to practice law in this state
and whose practice is primarily in the courts which have been
established by this state in said county. In addition, if any one of
such associations membership equals or exceeds the combined
membership of the other such county associations, then the
chairman of the criminal law section of that association shall also
be a member of this committee.
GEORGIA LAWS 1984 SESSION
497
(2) The Georgia Association of Criminal Defense Lawyers
shall also appoint one of its members to serve on this committee.
Such appointee shall be a resident of the county and be an
attorney whose practice is primarily in the courts established by
the State of Georgia in such county.
(c) The committee so established shall, after conducting the
interviews, send to the county manager of such county the names of
those three attorneys whom it deems to be the best qualified.
Thereafter, this committee shall make itself available, upon the
request of the person appointed as public defender, to advise and
assist in any matters pertaining to the operation of the office of public
defender.
(d) The county manager may, in his discretion, interview the
three nominees and shall appoint one of said nominees to serve as
public defender for said county for a term of four years. The term of
office of the initial public defender appointed pursuant to this article
shall begin January 1,1985.
(e) The person so appointed must be licensed to practice law in
this state. During his incumbency, the public defender may not
engage in the practice of criminal law other than in the discharge of
the duties of his office.
(f) The public defender so appointed shall employ at the com-
pensation authorized by the county governing authority as many
assistant public defenders, clerks, investigators, stenographers, and
other persons as may be necessary for carrying out the responsibilities
under this article. A person employed under this subsection serves at
the pleasure of the public defender unless his position is under a civil
service system in which he may be removed only for cause.
(g) The county governing authority shall provide appropriate
facilities, including office space, furniture, equipment, books, post-
age, supplies, and interviewing facilities in the jail, necessary for
carrying out the public defenders responsibilities under this article
or shall grant the public defender an allowance in place of such
facilities.
(h) If an office of public defender is or has been established, the
compensation, expenses, and allowances and the expense necessary to
establish, maintain, and support the office shall be paid by the county
498
GENERAL ACTS AND RESOLUTIONS, VOL. I
governing authority out of public funds available for the operation of
the courts in the county.
(i) This article expressly recognizes the inherent power of the
court to appoint counsel to represent indigent defendants and to
order compensation, reimbursement, or advancement from county
funds in individual cases as the proper administration of justice may
require.
(j) Members of the county governing authority and administra-
tive personnel, while acting in such capacity, shall be immune from
legal actions arising from any actions in relation to the implementa-
tion and carrying out of the purposes of this article.
17-12-72. Nothing in this article shall operate to prevent any
county from establishing a local indigent defense program as pro-
vided by Article 2 of Chapter 12 of this title, The Georgia Indigent
Defense Act.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
SUPERIOR COURTS DOUGLAS JUDICIAL
CIRCUIT TERMS.
Code Section 15-6-3 Amended.
No. 867 (House Bill No. 1281).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia
GEORGIA LAWS 1984 SESSION
499
Annotated, relating to terms of superior courts, as amended by HB
1156 from the 1984 session of the General Assembly of Georgia, so as
to change the terms of court of the Douglas Judicial Circuit; 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 superior courts, as amended by HB
1156 from the 1984 session of the General Assembly of Georgia, is
amended by striking paragraph (15.1) as redesignated and reenacted
by HB 1156 and inserting in lieu thereof a new paragraph (15.1) to
read as follows:
(15.1) Douglas Circuit:
Douglas CountyThird Monday in February, May, and
August and the first Monday in November.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
500
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPERIOR COURTS COSTS FOR CLERKS
SERVICES IN CERTAIN COUNTIES (450,000
OR MORE).
Code Section 15-6-77.2 Amended.
No. 868 (House Bill No. 434).
AN ACT
To amend Code Section 15-6-77.2 of the Official Code of Georgia
Annotated, relating to the costs for superior court clerks services in
counties with populations of 550,000 or more, so as to change the
population classification so that said Code section shall apply to all
counties of this state having a population of 450,000 or more accord-
ing 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:
Section 1. Code Section 15-6-77.2 of the Official Code of Georgia
Annotated, relating to the costs for superior court clerks services in
counties with populations of 550,000 or more, is amended by striking
subsection (a) in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) This Code section shall apply to all counties of this state
having a population of 450,000 or more according to the United States
decennial census of 1980 or any future such census.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
501
STONE MOUNTAIN MEMORIAL ASSOCIATIONS^
MEMBERSHIP OF BOARD.
Code Section 12-3-193 Amended.
No. 870 (House Bill No. 438).
AN ACT
To amend Code Section 12-3-193 of the Official Code of Georgia
Annotated, relating to the membership of the Stone Mountain
Memorial Association, so as to change the membership 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. Code Section 12-3-193 of the Official Code of Georgia
Annotated, relating to the membership of the Stone Mountain
Memorial Association, is amended by striking the first sentence of
subsection (a) of said Code section, which reads as follows:
The association shall be composed of the Secretary of State, the
Lieutenant Governor, the commissioner of industry and trade, and
four members to be appointed by the Governor, one of whom shall be
a resident of the metropolitan Atlanta area.,
and inserting in lieu thereof the following:
The association shall be composed of the Secretary of State, the
Lieutenant Governor, the commissioner of the Department of Natu-
ral Resources, and four members to be appointed by the Governor,
one of whom shall be a resident of the metropolitan Atlanta area.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
502
GENERAL ACTS AND RESOLUTIONS, VOL. I
MOTOR VEHICLES AND TRAFFIC DEFINITION
OF SPEED DETECTION DEVICE.
Code Section 40-14-1 Amended.
No. 871 (House Bill No. 644).
AN ACT
To amend Chapter 14 of Title 40 of the Official Code of Georgia
Annotated, relating to use of radar speed detection devices, so as to
change the provisions relating to the definition of a speed detection
device; 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 40 of the Official Code of Georgia
Annotated, relating to use of radar speed detection devices, is
amended by striking Code Section 40-14-1, relating to the definition
of a speed detection device, in its entirety and inserting in lieu thereof
a new Code Section 40-14-1 to read as follows:
40-14-1. As used in this chapter, the term speed detection
device means that particular device designed to measure the speed or
velocity of a motor vehicle and marketed under the name Vascar or
any similar device operating under the same or similar principle and
any devices for the measurement of speed or velocity based upon the
principle of radar. All such devices must meet or exceed the mini-
mum performance specifications established by the Department of
Public Safety.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
GEORGIA LAWS 1984 SESSION
503
PROFESSIONS AND BUSINESSES APPLIED
PSYCHOLOGISTS EXAMINATIONS FOR
LICENSES.
Code Title 43, Chapter 39 Amended.
No. 872 (House Bill No. 905).
AN ACT
To amend Chapter 39 of Title 43 of the Official Code of Georgia
Annotated, relating to applied psychologists, so as to delete certain
provisions relating to examinations for licenses; to authorize the
review of certain examinations; to grant the State Board of Examiners
of Psychologists the ability to revoke temporary licenses; to change
requirements regarding recording temporary licenses; 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 39 of Title 43 of the Official Code of Georgia
Annotated, relating to applied psychologists, is amended by striking
Code Section 43-39-9, relating to examinations for licenses, in its
entirety and inserting in its place a new Code Section 43-39-9 to read
as follows:
43-39-9. Examination of applicants for a license to practice
applied psychology shall be made by the board at least once a year
according to methods and in such subject fields as may be deemed by
the board to be the most practical and expeditious to test the
applicants qualifications. The board shall require the examination to
be written or oral, or both, provided that in any written examination
such applicant shall be designated by a number instead of his name so
that his identity shall not be disclosed to the members of the board
until the examination papers have been graded. Any unsuccessful
candidate may, within 14 days of notice of failure and upon written
request to the board, appeal to the board for review of the examina-
tion paper.
Section 2. Said chapter is further amended by striking Code
Section 43-39-14, relating to temporary licenses, in its entirety and
inserting in its place a new Code Section 43-39-14 to read as follows:
504
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-39-14. The joint-secretary in his discretion may, with the
approval of the board, issue a temporary license to an applicant for a
permanent license. Such license shall have the same force and effect
as a permanent license but shall expire 12 months from the date of its
issuance and shall not be renewable. Upon a finding by the board that
the applicant has failed either the written or oral examination,
whichever comes first, the board may, in its discretion, revoke such
temporary license.
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 15,1984.
PUBLIC OFFICERS AND EMPLOYEES PERSONS
AUTHORIZED TO ADMINISTER OATHS M TAKE
ACKNOWLEDGMENTS OF OVERSEAS PERSONNEL.
Code Section 14-17-31 Amended.
No. 873 (House Bill No. 948).
AN ACT
To amend Code Section 45-17-31 of the Official Code of Georgia
Annotated, relating to persons for whom commissioned officers may
perform notarial acts, so as to authorize commissioned officers to
perform notarial acts for the spouse, dependent child, or other
dependent of certain persons; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
505
Section 1. Code Section 45-17-31 of the Official Code of Georgia,
relating to persons for whom commissioned officers may perform
notarial acts, is amended by striking said Code section in its entirety
and inserting in lieu thereof a new Code Section 45-17-31 to read as
follows:
45-17-31. Any person who (1) is a member of the armed forces
of the United States, (2) is serving as a merchant seaman outside the
limits of the United States, or (3) is outside the limits of the United
States by permission, assignment, or direction of any department or
official of the United States government in connection with any
activity pertaining to the prosecution of any war in which the United
States is then engaged and the spouse, dependent child, or other
dependent of such person may have instruments acknowledged,
documents attested, oaths and affirmations administered, deposi-
tions and affidavits executed, and other notarial acts performed by
any commissioned officer in active service of the armed forces of the
United States.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
LOCAL GOVERNMENT COUNTIES AUTHORIZED
TO PUNISH FOR VIOLATIONS OF CERTAIN
ORDINANCES.
Code Section 36-1-15 Amended.
No. 874 (House Bill No. 968).
AN ACT
To amend Chapter 1 of Title 36 of the Official Code of Georgia
506
GENERAL ACTS AND RESOLUTIONS, VOL. I
Annotated, relating to counties in general, so as to authorize counties
to provide punishments for violations of ordinances prohibiting,
regulating, or taxing fortunetelling and similar practices; to provide
for prosecution of violations in the magistrate court; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia
Annotated, relating to counties in general, is amended by striking
Code Section 36-1-15, relating to prohibition, regulation, and taxa-
tion of fortunetelling and similar practices, and inserting in its place a
new Code section to read as follows:
36-1-15. The county governing authority may by proper ordi-
nance prohibit, regulate, or tax the practice of fortunetelling,
phrenology, astrology, clairvoyance, palmistry, or other kindred prac-
tices, businesses, or professions where a charge is made or a donation
accepted for the services and where the practice is carried on outside
the corporate limits of the municipality. The tax, if any, which is
imposed shall not exceed the sum of $1,000.00 per year. Such
ordinances may prescribe the punishment to be imposed for viola-
tions, but such punishment shall not exceed imprisonment for 60 days
or a fine of $500.00 or both. Prosecutions for violations shall be in the
magistrate court of the county as provided in Chapter 10 of Title 15.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
GEORGIA LAWS 1984 SESSION
507
RETIREMENT AND PENSIONS SHERIFFS
RETIREMENT FUND OF GEORGIA COMPOSITION
OF BOARD OF COMMISSIONERS.
Code Section 47-16-21 Amended.
No. 875 (House Bill No. 977).
AN ACT
To amend Code Section 47-16-21 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Sheriffs
Retirement Fund of Georgia, so as to change the composition of said
board; to provide for other matters relative thereto; to provide
effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-16-21 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Sheriffs
Retirement Fund of Georgia, which reads as follows:
47-16-21. (a) The membership of the board shall consist of
the president of the Georgia Sheriffs Association, by virtue of his
office as president, 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 Sher-
iffs 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
508
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
(c) The membership on the board of any person shall cease and a
vacancy in that position on the board shall be created upon such
board members death, resignation, or removal from office, or upon
such board members ceasing to hold office as a sheriff or as a county
commissioner or to remain an active member of this fund, as the case
may be, for any reason other than retirement under this chapter. If a
vacancy occurs either in the position held by the president of the
Association County Commissioners of Georgia or the president of the
Georgia Sheriffs Association, the remaining members of the board
shall elect a qualified member of the appropriate association to fill the
unexpired term of office so vacated. If a vacancy occurs in any of the
other positions on the board, the remaining members of the board
shall elect a qualified member of the Georgia Sheriffs Association to
fill the vacancy until the next annual convention of that association,
at which convention such association shall elect one of its qualified
members to fill the unexpired term, if any, of such position so
vacated.,
is amended by striking said Code section in its entirety and substitut-
ing in lieu thereof a new Code Section 47-16-21 to read as follows:
47-16-21. (a) The board shall consist of six members as fol-
lows:
(1) The Director of Fiscal Affairs, Department of Adminis-
trative Services;
(2) One former sheriff who is receiving benefits as a retired
beneficiary of the fund; and
(3) Four persons holding office as sheriffs of Georgia, each
of whom shall be active members of the fund and shall have held
office as a sheriff for at least four years.
(b) The state auditor shall begin serving on the board on July 1,
1984. The position of the state auditor on the board shall be the
successor to the position on the board held by the president of the
Association County Commissioners of Georgia, which shall stand
abolished on June 30,1984.
GEORGIA LAWS 1984 SESSION
509
(c) The term of office of the retired member of the board holding
office on January 1, 1984, which is scheduled to expire on March 31,
1984, is extended to expire on June 30, 1984. The Governor shall
appoint a successor, pursuant to the position provided for by para-
graph (2) of subsection (a) of this Code section, to take office on July
1,1984, for a term of one year and until a successor is appointed and
qualified. Thereafter, the Governor shall appoint a successor pursu-
ant to the position provided for by paragraph (2) of subsection (a) of
this Code section to take office upon the expiration of the term of
office for a term of one year and until a successor is appointed and
qualified.
(d) The first four members of the board provided for by para-
graph (3) of subsection (a) of this Code section shall be appointed by
the Governor to take office on July 1,1984. Such members shall be
successors to Sheriffs D. Lamar Stewart, E. W. Phillips, Wesley
Walraven, and Franklin Thompson whose terms of office as members
of the board shall terminate on June 30,1984. Their successors shall
be appointed by the Governor for initial terms of office as follows:
(1) The member appointed as the successor to Sheriff D.
Lamar Stewart shall be appointed for a term of one year;
(2) The member appointed as the successor to Sheriff E. W.
Phillips shall be appointed for a term of two years;
(3) The member appointed as the successor to Sheriff
Wesley Walraven shall be appointed for a term of three years; and
(4) The member appointed as the successor to Sheriff Fran-
klin Thompson shall be appointed for a term of four years.
(e) Beginning in 1985, the Governor shall annually appoint a
successor to the member of the board appointed pursuant to subsec-
tion (d) of this Code section whose respective term of office is
expiring. Each such successor shall be appointed by the Governor for
a term of four years and until a successor is appointed and qualified.
Thereafter, successors shall be appointed by the Governor upon the
expiration of the respective terms of office for terms of four years and
until such successors are appointed and qualified.
(f) Any appointed member of the board continuing to meet the
respective qualifications for membership on the board shall be eligi-
ble for reappointment to successive terms as a member of the board.
510
GENERAL ACTS AND RESOLUTIONS, VOL. I
If a member of the board holding a position specified by paragraph (3)
of subsection (a) of this Code section ceases to hold office as sheriff for
any reason, except for retirement as a beneficiary of the fund, such
members position on the board shall thereby become vacant; but, if
any such member retires to become a beneficiary of the fund during a
term of office, such member may serve until the expiration of the
term to which the member was appointed. A vacancy which occurs for
any reason in the membership of the board shall be filled as follows:
(1) If the vacancy is in the position specified by paragraph
(2) of subsection (a) of this Code section, the Governor shall
appoint a qualified person to fill such vacancy for the unexpired
term; and
(2) If the vacancy is in a position specified by paragraph (3)
of subsection (a) of this Code section, the remaining members of
the board shall elect a qualified person to fill such vacancy for the
unexpired term.
(g) By a majority vote of its full membership the board shall
elect a chairman from the membership of the board. The chairman
shall serve for a term fixed by rules of the board.
(h) The Georgia Sheriffs Association shall be authorized to
submit the names of nominees for each position on the board
appointed by the Governor pursuant to this Code section. The
Governor may consider the nominees made by the Georgia Sheriffs
Association in making such appointments, but it is specifically pro-
vided that all such appointments shall be at the sole discretion of the
Governor, and the Governor shall not be required to make any
appointments from nominees made by the Georgia Sheriffs Associa-
tion.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its otherwise becoming law for the administra-
tive purpose of allowing the Governor to consider appointments
pursuant to quoted revised Code Section 47-16-21 of Section 1 of this
Act. This Act shall become effective for all purposes on June 30,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
511
FUNERAL DIRECTORS, EMBALMERS, ETC. B
QUALIFICATIONS OF APPLICANTS FOR
LICENSES, ETC.
Code Title 43, Chapter 18 Amended.
No. 876 (House Bill No. 994).
AN ACT
To amend Article 1 of Chapter 18 of Title 43 of the Official Code of
Georgia Annotated, relating to the State Board of Funeral Service
and to funeral directors, embalmers, and operators of funeral estab-
lishments, so as to change the qualifications for applicants for licenses
as embalmers or funeral directors; to provide additional practices and
procedures relating to examinations for licenses as embalmers; to
change the termination date of the State Board of Funeral Service
and provide for the continuation of such board; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 18 of Title 43 of the Official
Code of Georgia Annotated, relating to the State Board of Funeral
Service and to funeral directors, embalmers, and operators of funeral
establishments, is amended by striking Code Section 43-18-8, relating
to termination of the State Board of Funeral Service, in its entirety
and inserting in lieu thereof a new Code Section 43-18-8 to read as
follows:
43-18-8. 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 Funeral Service
shall be terminated on July 1, 1990, 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.
Section 2. Said article is further amended by striking subsec-
tion (a) of Code Section 43-18-41, relating to qualifications of appli-
cants, apprentices, and reciprocity, in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
512
GENERAL ACTS AND RESOLUTIONS, VOL. I
(a) Each applicant for a license as either an embalmer or a
funeral director shall be:
(1) At least 18 years of age;
(2) A resident of this state;
(3) Of good moral character, which fact shall be evidenced
by affidavits from funeral directors or embalmers who are duly
licensed by this board, actively practicing in this state, and in the
same establishment where the applicant served his apprentice-
ship, or by a certificate of good moral character by any constitu-
tional officer; and
(4) Possessed of a high school education of not less than 16
Carnegie units or the equivalent thereof, the determination of the
equivalent education of the applicant to be left to the discretion of
the board.
Section 3. Said article is further amended by adding a new
subsection (f) at the end of Code Section 43-18-41, relating to
qualifications of applicants, apprentices, and reciprocity, to read as
follows:
(f) An individual who has met the educational requirement
specified in paragraph (1) of subsection (b) of this Code section shall
be eligible to take the section of the examination for embalmer
relating directly to scholastic training without waiting until such
individual meets the additional requirements for licensure specified
in paragraphs (2) and (3) of subsection (b) of this Code section;
provided, however, that such individual must submit a proper appli-
cation and pay the required fees as determined by the board. An
applicant for licensure as an embalmer who shall have successfully
completed the section of the examination for embalmer relating
directly to scholastic training shall have no status as an embalmer
until such applicant meets {ill other requirements for licensure as
outlined in this chapter and has received a license as an embalmer
from the board.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
513
DISPENSING OPTICIANS LICENSE
REQUIREMENTS CONTINUING EDUCATION
STATE BOARD CONTINUED.
Code Title 43, Chapter 29 Amended.
No. 877 (House Bill No. 995).
AN ACT
To amend Chapter 29 of Title 43 of the Official Code of Georgia
Annotated, relating to dispensing opticians, so as to change certain
license requirements; to change certain continuing education require-
ments; to provide for the continuation of the State Board of Dispens-
ing Opticians but to provide for the later termination of that board
and the laws relating thereto; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 29 of Title 43 of the Official Code of Georgia
Annotated, relating to dispensing opticians, is amended by striking
paragraph (1) of subsection (b) of Code Section 43-29-7, relating to
licensing requirements, and inserting in its place a new paragraph to
read as follows:
(1) The applicant is over 18 years of age;.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-29-11, relating to continuing education,
and inserting in its place a new subsection to read as follows:
(a) Each person who holds a license as a dispensing optician
shall be required to complete ten hours of continuing education prior
to each renewal of such license.
Section 3. Said chapter is further amended by striking subsec-
tion (c) of Code Section 43-29-11, relating to continuing education,
and inserting in its place a new subsection to read as follows:
(c) The board may waive the requirements of this Code section
for any license period for any dispensing optician upon proof of such
514
GENERAL ACTS AND RESOLUTIONS, VOL. I
opticians hardship or disability, provided that such opticians license
may be revoked upon failure of the licensee to complete the required
number of hours, not to exceed 20 hours, of continuing education
within 12 months immediately following renewal.
Section 4. Said chapter is further amended by striking Code
Section 43-29-22, relating to termination of the State Board of
Dispensing Opticians, and inserting in its place a new Code section to
read as follows:
43-29-22. 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 Dispensing
Opticians shall be terminated on July 1, 1990, 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 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
BUSINESS CORPORATIONS REGISTRATION
FEES NOTICE OF SHAREHOLDER MEETINGS.
Code Title 14, Chapter 2 Amended.
No. 878 (House Bill No. 1031).
AN ACT
To amend Chapter 2 of Title 14 of the Official Code of Georgia
Annotated, relating to business corporations, so as to change the
registration fee for foreign corporations; to change the fee for renewal
of registered corporate names; to provide that certain corporations
may send notice of shareholder meetings by mail other than first
class; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
515
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 14 of the Official Code of Georgia
Annotated, relating to business corporations, is amended by striking
paragraph (2) of subsection (b) of Code Section 14-2-42, relating to
registration of a corporate name by foreign corporation, and inserting
in lieu thereof a new paragraph (2) to read as follows:
(2) Paying to the Secretary of State a registration fee of
$15.00.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 14-2-43, relating to renewal of registered
corporate names, and inserting in lieu thereof a new subsection (a) to
read as follows:
(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 $15.00.
Section 3. Said chapter is further amended by striking subsec-
tion (a) of Code Section 14-2-113, relating to methods of delivering
notice of meetings of shareholders of business corporations, and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) Written notice stating the place, day, and hour of the
meeting and, in case of a special meeting, the purpose or purposes for
which the meeting is called shall be delivered not less than ten nor
more than 50 days before the date of the meeting, either personally or
by first-class mail, by or at the direction of the president, the
secretary, or the officer or persons calling the meeting, to each
shareholder of record entitled to vote at such meeting. If mailed, such
notice shall be deemed to be delivered when deposited in the United
States mail with first-class postage thereon prepaid, addressed to the
shareholder at his address as it appears on the stock transfer books of
the corporation. If the corporation has more than 500 shareholders of
record entitled to vote at such meeting, it may utilize a class of United
States mail other than first class if the notice is mailed, with adequate
postage prepaid, not less than 30 days before the date of the meeting.
516
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA MOTOR VEHICLE ACCIDENT
REPARATIONS ACT LIMITATIONS ON
RIGHT OF SUBROGATION.
Code Section 33-34-3 Amended.
No. 879 (House Bill No. 1036).
AN ACT
To amend Code Section 33-34-3 of the Official Code of Georgia
Annotated, relating to subrogation under the Georgia Motor Vehicle
Accident Reparations Act, so as to provide that the prohibition
against subrogation of certain benefits mandated by the Act shall not
include subrogation relating to compensation without regard to fault
for damage to the insured motor vehicle; to 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 33-34-3 of the Official Code of Georgia
Annotated, relating to subrogation under the Georgia Motor Vehicle
Accident Reparations Act, is amended by striking in its entirety
paragraph (1) of subsection (d) of said Code section and inserting in
lieu thereof a new paragraph (1) to read as follows:
(1) Insurers and self-insurers providing benefits without regard
to fault described in Code Sections 33-34-4 and 33-34-5 shall not be
subrogated to the rights of the person for whom benefits are provided
except:
GEORGIA LAWS 1984 SESSION
517
(A) In those motor vehicle accidents involving two or more
vehicles, at least one of which is a motor vehicle weighing more
than 6,500 pounds unloaded; or
(B) Benefits provided for coverage described in paragraph
(3) of subsection (a) of Code Section 33-34-5.
The right of recovery and the amount of recovery shall be deter-
mined on the basis of tort law between the insurers or self-
insurers involved. Expenses incurred in exercising the rights of
subrogation under this Code section shall be at the sole expense
of the insurers and self-insurers involved. If the responsible tort-
feasor is uninsured and is not a self-insurer, the insurer or self-
insurer providing benefits shall have a right of action to the
extent of benefits provided against such tort-feasor only in the
event that the person for whom benefits are provided has been
completely compensated for all economic and noneconomic
losses incurred as a result of the motor vehicle accident.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
RIGHTS TO PERSONAL PROPERTY
PRESUMPTION OF ABANDONMENT BY PERSONS
IN CUSTODY.
Code Section 44-12-199 Amended.
No. 880 (House Bill No. 1089).
AN ACT
To amend Code Section 44-12-199 of the Official Code of Georgia
518
GENERAL ACTS AND RESOLUTIONS, VOL. I
Annotated, relating to the presumption of abandonment of property,
so as to provide for the presumptive abandonment of tangible per-
sonal property of persons under the custody and control of the
Georgia Department of Offender Rehabilitation after one year and to
provide for the sale thereof; to exempt such property from certain
reporting provisions; to 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 44-12-199 of the Official Code of
Georgia Annotated, relating to the presumption of abandonment of
property, is amended by striking said Code section in its entirety and
substituting in lieu thereof a new Code Section 44-12-199 to read as
follows:
44-12-199. (a) Except as provided in subsection (b) of this
Code section, all intangible personal property held for the owner by
any court, public corporation, public authority, or public officer of the
state or a political subdivision thereof is presumed abandoned if it has
remained unclaimed by the owner for more than 15 years.
(b) All intangible personal property, including, but not limited
to, funds or moneys in patient or inmate trust accounts or other
accounts, held for or on behalf of an owner who had been a resident,
patient, or inmate in any institution or facility operated by the
Department of Human Resources or the Department of Offender
Rehabilitation, which property has remained unclaimed by the owner
or guardian of the owner for more than five years, is presumed
abandoned.
(c) Any inmate or other person in the custody of the Georgia
Department of Offender Rehabilitation who escapes, is discharged or
paroled, or who dies while in the custody of the Georgia Department
of Offender Rehabilitation shall be deemed to have abandoned all
tangible personal property in the custody of the Georgia Department
of Offender Rehabilitation which has been held by said department
for a period of one year and no valid claim in writing has been made to
said department by the owner or the owners heirs. Such property
GEORGIA LAWS 1984 SESSION
519
shall be disposed of by public sale in such manner as the commis-
sioner of the Department of Offender Rehabilitation shall direct with
the proceeds of such sale being deposited in the state treasury.
Moreover, the commissioner of the Department of Offender Rehabili-
tation shall have sole authority over said property, and the disposi-
tion of said property shall be exempt from all requirements of this
article.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
SHERIFFS VEHICLE ALLOWANCE FOR USE
OF PERSONAL VEHICLE.
Code Section 15-16-20 Amended.
No. 881 (House Bill No. 1091).
AN ACT
To amend Code Section 15-16-20 of the Official Code of Georgia
Annotated, relating to sheriffs minimum salaries and operating
expenses, so as to provide for a vehicle allowance; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-16-20 of the Official Code of
Georgia Annotated, relating to sheriffs minimum salaries and operat-
ing expenses, is amended by adding at the end thereof a new subsec-
tion (e) to read as follows:
520
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) In addition to any salary or fees now or hereafter provided
by law, the governing authority of each county is authorized to
provide, as an operating expense of the sheriffs office and payable
from county funds, a monthly vehicle allowance to the sheriff of that
county when the sheriffs personally owned vehicle is used in the
carrying out of the duties of the sheriffs office. If a vehicle allowance
is so provided, it shall be in an amount determined by agreement
among the budget officer of the county, as provided in Chapter 81 of
Title 36, the county governing authority, and the sheriff.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
AD VALOREM TAXATION OF PROPERTY
ADDITIONAL EXEMPTION STATE-WIDE
REFERENDUM.
Code Section 48-5-41 Amended.
No. 882 (House Bill No. 1122).
AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia
Annotated, relating to property exempt from ad valorem taxation, so
as to declare certain property to be an extension of the public schools
of this state; to provide for the exemption of such property owned by a
certain nonprofit corporation; to provide for a state-wide referendum;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
521
Section 1. Code Section 48-5-41 of the Official Code of Georgia
Annotated, relating to property exempt from ad valorem taxation, is
amended by adding at the end of paragraph (1) of subsection (a) of
said Code section a new subparagraph (C), to read as follows:
(C) Property which is owned by and used exclusively as the
general state headquarters of a nonprofit corporation organized for
the primary purpose of encouraging cooperation between parents and
teachers to promote the education and welfare of children and youth,
notwithstanding the fact that such nonprofit corporation may derive
income from fees or dues paid by persons, organizations, or associa-
tions to affiliate with such nonprofit corporation, shall be considered
to be an extension of the public schools of this state and such property
shall be considered to be public property within the meaning of this
paragraph.
Section 2. The Secretary of State shall call and conduct a
referendum for the approval or disapproval of this Act on the date of
and in conjunction with the November, 1984, general election. The
Secretary of State shall cause the date and purpose of the referendum
to be published in the official organ of each county in the state once a
week for two weeks immediately preceding the date of the referen-
dum. The ballot shall have written thereon the following:
( ) YES Shall the Act declaring property used
( ) NO exclusively as the state headquarters of
a nonprofit corporation organized to
promote cooperation between parents
and teachers to be an extension of the
public schools of this state, to be
treated as public property, and grant-
ing an exemption from ad valorem tax-
ation for such property be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, then Section 1 of this Act shall become
effective on January 1,1985, and shall apply to all tax years beginning
on or after that date; otherwise Section 1 of this Act shall be void.
522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Except as otherwise provided in Section 2 of this Act,
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 15,1984.
COMMERCE AND TRADE SALE OF BUSINESS
OPPORTUNITIES DEFINITIONS
DISCLOSURE REQUIREMENTS, ETC.
Code Title 10, Chapter 1 Amended.
No. 883 (House Bill No. 1135).
AN ACT
To amend Part 3 of Article 15 of Chapter 1 of Title 10 of the
Official Code of Georgia Annotated, relating to the sale of business
opportunities, so as to provide additional definitions; to clarify the
parties who are required to file disclosure statements; to increase the
amount of initial investment required for an enterprise to be a
business opportunity; to change the provisions relating to penalties
for not filing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 3 of Article 15 of Chapter 1 of Title 10 of the
Official Code of Georgia Annotated, relating to the sale of business
opportunities, is amended by striking Code Section 10-1-410 in its
entirety and inserting in lieu thereof a new Code Section 10-1-410 to
read as follows:
GEORGIA LAWS 1984 SESSION
523
10-1-410. As used in this part, the term:
(1) (A) Business opportunity means the sale or lease of,
or offer to sell or lease, any products, equipment, supplies, or
services which requires a total initial payment of an amount
exceeding $500.00 for the purpose of enabling the purchaser
to start a business, and in which the seller or company
represents:
(i) That the seller or company will provide loca-
tions or assist the purchaser in finding locations for the
use or operation of vending machines, racks, display
cases or other similar devices, or currency-operated
amusement machines or devices, or premises neither
owned nor leased by the purchaser, seller, or company;
(ii) That the seller or company will purchase any or
all products made, produced, fabricated, grown, bred, or
modified by the purchaser using, in whole or in part, the
supplies, services, or chattels sold to the purchaser;
(iii) That the seller or company guarantees that the
purchaser will derive income from the business opportu-
nity which exceeds the price paid for the business oppor-
tunity; or that the seller or company will refund all or
part of the price paid for the business opportunity or
repurchase any of the products, equipment, supplies, or
chattels supplied by the seller or company, if the pur-
chaser is dissatisfied with the business opportunity; or
(iv) That the company will provide a sales program
or marketing program; provided, however, that this para-
graph shall not apply to the sale of a marketing program
made in conjunction with the licensing of a registered
trademark or registered service mark.
(B) The term business opportunity does not include:
(i) The sale of an ongoing business when the
owner of that business sells and intends to sell only that
one business opportunity;
524
GENERAL ACTS AND RESOLUTIONS, VOL. I
(ii) Any relationship created solely by or involving:
(I) The relationship between an employer and
an employee or among general business partners; or
(II) Membership in a bona fide cooperative
association or transactions between bona fide coop-
erative associations and their members. As used in
this subdivision, the term cooperative association
means either (1) an association of producers of agri-
cultural products organized pursuant to Article 3 of
Chapter 10 of Title 2 or statutes similar thereto
enacted by other states, or (2) an organization oper-
ated on a cooperative basis by and for independent
retailers which wholesales goods or furnishes ser-
vices primarily to its member-retailers; or
(iii) Any agribusiness corporation.
(2) Company means any corporation, whether domestic or
foreign, or any business, whether a partnership, limited partner-
ship, sole proprietorship, joint venture, association, trust, unincor-
porated organization, or other entity, which shall solicit, advertise,
offer, or contract for any business opportunity or cause to be
solicited, advertised, offered, or contracted for any business
opportunity in this state.
(3) Person means any individual, corporation, partnership,
joint venture, association, company, trust, unincorporated organi-
zation, or other entity and shall include any other person that has
a substantial interest in or effectively controls such person as well
as the individual officers, directors, general partners, trustees, or
other individuals in control of the activities of such person.
(4) Seller means any person who offers to sell to individ-
uals any business opportunity, either directly or through any
agent.
Section 2. Said part is further amended by striking in its
entirety subsection (a) of Code Section 10-1-411, relating to required
disclosure statement, and inserting in lieu thereof a new subsection
(a) to read as follows:
GEORGIA LAWS 1984 SESSION
525
(a) At least 48 hours prior to the time the purchaser signs a
business opportunity contract or at least 48 hours prior to the receipt
of any consideration by the seller, whichever occurs first, the seller
must provide the prospective purchaser a written document, the
cover sheet of which is entitled in at least ten-point boldface capital
letters: DISCLOSURES REQUIRED BY GEORGIA LAW. Under
this title shall appear the statement in at least ten-point type that:
The State of Georgia has not reviewed and does not approve,
recommend, endorse, or sponsor any business opportunity.
The information contained in this disclosure has not been
verified by the state. If you have any questions about this
investment, see an attorney before you sign a contract or
agreement.
Nothing except the title and required statement shall appear on
the cover sheet. The disclosure document shall contain the
following information:
(1) The name of the company; whether the company is
doing business as a proprietorship, partnership, or corporation;
the names under which the company has done, is doing, or intends
to do business; and the name of any parent or affiliated company
that will engage in business transactions with purchasers or which
takes responsibility for statements made by the seller;
(2) The names, addresses, and titles of the companys offi-
cers, directors, trustees, general partners, general managers, prin-
cipal executives, and any other persons charged with responsibil-
ity for the companys business activities relating to the sale of
business opportunities;
(3) The length of time the company has:
(A) Sold business opportunities; and
(B) Sold business opportunities involving the product,
equipment, supplies, or services currently being offered to the
purchaser;
(4) A full and detailed description of the actual services that
the seller or company undertakes to perform for the purchaser;
526
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) A copy of a current (not older than 13 months) financial
statement of the company, updated to reflect any material
changes in the companys financial condition;
(6) If training of any type is promised by the seller or
company, a complete description of the training and the length of
the training;
(7) If the seller or company promises services to be per-
formed in connection with the placement of the equipment,
product, or supplies at various locations, the full nature of those
services as well as the nature of the agreements to be made with
the owners or managers of those locations where the purchasers
equipment, product, or supplies will be placed;
(8) If the company is required to secure a bond or establish a
trust deposit pursuant to Code Section 10-1-412, either of the
following statements:
(A) As required by Georgia law, the company has
secured a bond issued by
(name and address of surety company)
a surety company authorized to do business in this state.
Before signing a contract to purchase this business opportu-
nity, you should check with the surety company to determine
the bonds current status.; or
(B) As required by Georgia law, the company has
established a trust account
_______________________with_________________________________
(number of account) (name and address of bank or
__________________________. Before signing a contract to
savings institution)
purchase this business opportunity, you should check with
the bank or savings institution to determine the current sta-
tus of the trust account.;
GEORGIA LAWS 1984 SESSION
527
(9) The following statement:
If the company fails to deliver the product, equipment,
or supplies necessary to begin substantial operation of
the business within 45 days of the delivery date stated
in your contract, you may notify the company in
writing and demand that the contract be canceled.;
(10) If the seller or company makes any statement concern-
ing sales or earnings or range of sales or earnings that may be made
through this business opportunity, the following disclosures:
(A) The total number of purchasers of business oppor-
tunities involving the product, equipment, supplies, or ser-
vices being offered who, to the companys knowledge, have
actually received earnings in the amount or range specified
within three years prior to the date of the disclosure state-
ment; and
(B) The total number of purchasers of business oppor-
tunities involving the product, equipment, supplies, or ser-
vices being offered within three years prior to the date of the
disclosure statement; and
(11) The following statement:
The company selling a business opportunity or the seller
shall collect no more than 15 percent of the purchase
price. The balance of the purchase price shall be paid
into an escrow account, established with a bank or an
attorney, which is agreed upon by both parties. The
balance in escrow shall be paid to the company only
upon complete compliance with the terms of the
contract.
Section 3. Said part is further amended by striking in its
entirety subsection (a) of Code Section 10-1-412, relating to when
bond or trust account is required, and inserting in lieu thereof a new
subsection (a) to read as follows:
(a) If the business opportunity seller or company makes any of
the representations set forth in division (l)(A)(iii) of Code Section 10-
1-410, the company must either have obtained a surety bond issued
528
GENERAL ACTS AND RESOLUTIONS, VOL. I
by a surety company authorized to do business in this state or have
established a trust account with a licensed and insured bank or
savings institution located in this state. The amount of the bond or
trust account shall be an amount not less than $75,000.00. The bond
or trust account shall be in favor of the state. Any person who is
damaged by any violation of this part or by the sellers or companys
breach of the contract for the business opportunity sale or of any
obligation arising therefrom may bring an action against the bond or
trust account to recover damages suffered; provided, however, that
the aggregate liability of the surety or trustee shall be only for actual
damages and in no event shall exceed the amount of the bond or trust
account.
Section 4. Said part is farther amended by striking in its
entirety subsection (d) of Code Section 10-1-413, relating to filings
with the administrator, and inserting in lieu thereof a new subsection
(d) to read as follows:
(d) Every seller representing or pretending to represent a com-
pany and every company which has not filed as required in this part
shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not more than five years in the state
penitentiary or by a fine of not more than $50,000.00, or both.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
529
COMMERCE AND TRADE SECURITIES
COMPATIBILITY WITH FEDERAL SECURITIES
EXEMPTIONS PROVIDED, ETC.
Code Title 10, Chapter 5 Amended.
No. 884 (House Bill No. 1164).
AN ACT
To amend Chapter 5 of Title 10 of the Official Code of Georgia
Annotated, relating to securities, so as to provide for legislative
purpose and intent; to change the amount of certain registration fees
for certain persons; to provide for the registration of limited offerings
of securities; to provide for the requirements and limitations for such
limited offerings; to provide for certain powers and duties of the
commissioner relative to limited offerings; to provide for the filing
fees for limited offerings; to change requirements and limitations for
transactions involving the sales of securities which are exempt from
registration; to provide for other matters relative to the foregoing; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The purpose of this Act is to provide compatibility
with federal securities exemptions, uniformity among states, and to
encourage capital formation and small business development.
Section 2. Chapter 5 of Title 10 of the Official Code of Georgia
Annotated, relating to securities, is amended by striking subsection
(f) of Code Section 10-5-3, relating to registration of dealers and
salesmen, and inserting in lieu thereof a new subsection (f) to read as
follows:
(f) The fee for the initial registration of a dealer or limited
dealer shall be $250.00. The annual renewal fee for a dealer or limited
dealer shall be $100.00. The initial registration fee and transfer fee for
each salesman and each limited salesman shall be $50.00. The annual
renewal fee for each salesman and each limited salesman shall be
$40.00.
530
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said chapter is further amended by striking in its
entirety subsection (e) of Code Section 10-5-5, relating to the registra-
tion of securities, and inserting in lieu thereof a new subsection (e) to
read as follows:
(e) (1) The sale of securities of an issuer by or on behalf of
such issuer or an affiliate of such issuer may be made pursuant to a
registration statement filed under this subsection if:
(A) The aggregate amount of the total offering, within
or outside this state, shall not exceed $500,000.00 less the
aggregate offering price for all securities sold within 12
months before the start of and during the offering of securi-
ties under this subsection or in reliance on the exemption in
paragraph (13) of Code Section 10-5-9 or which have been
sold in violation of this Code section; or
(B) The aggregate number of persons in this state
purchasing securities registered under this subsection from
the issuer and all affiliates of the issuer during any 12 month
period shall not exceed 50 persons, including persons who
acquire such securities in transactions which are otherwise
exempt from registration in paragraph (13) of Code Section
10-5-9; however, any certificate or certificates representing
securities issued in a transaction subject to the numerical
limitation on the number of investors pursuant to this para-
graph shall be marked for a period of one year from the date
of their issuance or sale to indicate clearly that they were
registered pursuant to this subsection and that they may not
be sold or transferred except in a transaction which is exempt
under this chapter or pursuant to an effective registration
statement under this chapter or in a transaction which is
otherwise in compliance with this chapter and shall be exe-
cuted with a statement to the effect that such securities have
been purchased for investment, as such phrase is defined in
paragraph (13) of Code Section 10-5-9, for his own account.
(2) A registration statement under this subsection shall be
signed by the issuer, its chief executive officer, its principal
financial officer, its comptroller or principal accounting officer,
and a majority of the board of directors or persons performing
similar functions (or, if there is no board of directors or persons
performing similar functions, by the majority of the persons or
GEORGIA LAWS 1984 SESSION
531
board having the power of management of the issuer). If the issuer
is not a corporation registered with the Secretary of State, the
registration statement shall also include a copy of the issuers
articles of incorporation and bylaws or their substantial equiva-
lents, as currently in effect, and a copy of any indenture or similar
instrument relating to the security to be registered.
(3) A prospectus, a copy of which shall be contained in the
registration statement, shall be delivered to any purchaser of
securities registered pursuant to this subsection prior to or simul-
taneously with the execution by the purchaser of a written agree-
ment to purchase, the delivery of a confirmation of sale, or the
payment for securities offered by means of such prospectus,
whichever occurs first. The prospectus under which securities
registered pursuant to this subsection are sold shall contain the
following:
(A) With respect to the issuer: its name, street address,
form of organization, and its telephone number; the state or
foreign jurisdiction and date of its organization; a brief
description of the type and location of its business;
(B) The following financial statements which may, but
need not, be certified:
(i) A balance sheet of the issuer or a consolidated
balance sheet of the issuer and its subsidiaries prepared
in accordance with generally accepted accounting princi-
ples as of a date within 90 days prior to the filing of the
registration statement; and
(ii) A profit and loss statement of the issuer or
consolidated statements of the issuer and its subsidiaries
prepared in accordance with generally accepted account-
ing principles for each of the two fiscal years preceding
the date of the balance sheet filed and for the interim
period, if any, between the close of the most recent of
such fiscal years and the date of the balance sheet filed
and for the corresponding period of the preceding year
or, if the issuer and its predecessors have been in exis-
tence for less than two fiscal years, the profit and loss
statement for the periods for which it has been in exis-
tence; provided, however, if the issuer does not report its
532
GENERAL ACTS AND RESOLUTIONS, VOL. I
accounts in the normal course of its business on a consoli-
dated basis, then it may furnish, in lieu of consolidated
statements, individual statements for it and its majority
owned subsidiaries;
(C) The information set forth in subparagraphs
(c)(l)(I), (c)(l)(J), and (c)(l)(P) of this Code section;
(D) With respect to every officer and director of the
issuer or person occupying a similar status or performing
similar functions and with respect to every affiliate of the
issuer, a description of: all securities of the issuer and its
subsidiaries which are beneficially owned or expected to be
beneficially owned, and the amount and type of consideration
which was or will be given for such securities, and any
material interest in any other material transactions with the
issuer or any significant subsidiary of the issuer effected
within the past three years or expected to be effected; and
(E) Any additional information which is needed to
comply with Code Section 10-5-12 and which is not otherwise
disclosed to the purchaser.
(4) The commissioner shall be authorized to accept a pros-
pectus prepared by the issuer if the prospectus has been subjected
to an examination which, in the discretion of the commissioner, is
equal to or greater than the examination provided by the commis-
sioner.
(5) Registration statements filed pursuant to this subsec-
tion will become effective if no stop order is in effect and no
proceeding is pending under Code Section 10-5-16, at 3:00 P.M.
eastern standard time or eastern daylight time, whichever is
applicable of the tenth full business day after the filing of the
registration statement or at such earlier time as the commissioner
orders.
(6) Preliminary negotiations and agreements in contempla-
tion of a registration and sale of a security pursuant to this
subsection shall not constitute an offer to sell, offer for sale,
offer, or sale of a security for the purposes of this Code section
unless, before a registration statement relating thereto is effective,
the seller receives some consideration for such security, a contract
GEORGIA LAWS 1984 SESSION
533
for sale of such security is executed, or the security is sold.
Purchasers of securities registered pursuant to this subsection
shall have the right to rescind such purchases on the terms and
conditions set forth in paragraph (4) of subsection (b) of this Code
section.
(7) In case any of the financial statements contained in the
registration statement filed under this subsection are certified,
they shall be certified by an independent public accountant duly
registered and in good standing as such under the laws of the place
of his residence or principal office.
(8) If any accountant, attorney, engineer, or appraiser or
any person whose profession gives authority to a statement made
by him is named in the registration statement as having prepared
an opinion referred to in the registration statement or as having
certified any part of the registration statement or is named as
having prepared or certified a report of valuation for use in
connection with the registration statement, the written consent of
such person to the references to him in the registration statement
shall be filed with the commissioner prior to the effectiveness of
the registration statement.
(9) The commissioner shall be authorized to participate in
any program designed to promote and achieve compatibility with
federal law and uniformity among the states and to promulgate
such rules and regulations as may be necessary to achieve such
compatibility and uniformity.
(10) The commissioner shall treat as confidential and not
subject to public inspection all material filed by or on behalf of the
issuer pursuant to this subsection unless he shall determine that
such treatment is not consistent with the public interest, in which
case he may make public such of the filed information as he may
deem necessary for protection of the public interest.
(11) The commissioner may modify any legend required by
this subsection to conform to standardized legends, but any
modification shall ensure that the legend contains substantially
the same information required by this chapter.
Section 4. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 10-5-6, relating to registration
534
GENERAL ACTS AND RESOLUTIONS, VOL. I
of securities, and inserting in lieu thereof a new subsection (a) to read
as follows:
(a) Every person registering securities pursuant to subsection
(b), (d), or (e) of Code Section 10-5-5 shall pay a filing fee of one-
twentieth of 1 percent of the maximum aggregate offering price at
which the registered securities are to be offered in this state; but the
fee shall not be less than $250.00. When a registration statement is
withdrawn before the effective date or before a preeffective stop order
is entered under Code Section 10-5-7, the commissioner shall retain
$250.00 and return the remainder of the fee, if any, to the applicant.
Section 5. Said chapter is further amended by striking in its
entirety subparagraph (B) and subparagraph (C) of paragraph (13) of
Code Section 10-5-9, relating to exempt transactions, which read as
follows:
(B) Such securities are not offered for sale by means of publicly
disseminated advertisements or sales literature;
(C) Any certificate or certificates representing such securities
are marked for a period of one year from the date of such issuance or
sale to indicate clearly that they were issued or sold in reliance on this
exemption and that they cannot be sold or transferred except in a
transaction which is exempt under this chapter or pursuant to an
effective registration statement under this chapter or in a transaction
which is otherwise in compliance with this chapter; and,
and inserting in lieu thereof new subparagraphs to read as follows:
(B) Such securities are not offered for sale by means of any
form of general or public solicitations or advertisements, including,
but not limited to the following:
(i) Publicly disseminated advertisements or sales litera-
ture, through the mails or otherwise;
(ii) Any advertisement, article, notice, or other communica-
tion published in any newspaper, magazine, or other similar
media, or broadcast over television or radio; or
(iii) Any seminar or meeting whose attendees have been
invited by any general solicitation or general advertising;
GEORGIA LAWS 1984 SESSION
535
(C) Any certificate or certificates or other documents represent-
ing or evidencing the securities or, in the event there are no such
certificates or documents, the limited partnership agreement or other
similar document creating the securities shall, for a period of one year
from the date of such issuance or sale, contain a legend similar to the
following:
THESE SECURITIES HAVE BEEN ISSUED OR SOLD IN
RELIANCE ON PARAGRAPH (13) OF CODE SECTION
10-5-9 OF THE GEORGIA SECURITIES ACT OF
1973, AND MAY NOT BE SOLD OR TRANSFERRED
EXCEPT IN A TRANSACTION WHICH IS EXEMPT
UNDER SUCH ACT OR PURSUANT TO AN EFFEC-
TIVE REGISTRATION UNDER SUCH ACT.; and
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 15,1984.
COMPOSITION OF STATE BOARD OF REGISTRATION
FOR USED MOTOR VEHICLE DISMANTLERS,
REBUILDERS, AND SALVAGE DEALERS CHANGED.
Code Section 43-48-3 Amended.
No. 885 (House Bill No. 1165).
AN ACT
To amend Code Section 43-48-3 of the Official Code of Georgia
Annotated, relating to the composition of the State Board of Regis-
tration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage
536
GENERAL ACTS AND RESOLUTIONS, VOL. I
Dealers, so as to change the composition of the board; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-48-3 of the Official Code of Georgia
Annotated, relating to the composition of the State Board of Regis-
tration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage
Dealers, is amended by striking in its entirety subsection (b) of said
Code section and inserting in lieu thereof a new subsection (b) to read
as follows:
(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, salvage pool dealers, and motor vehicle
insurers. At least two members shall not be associated with any of
these businesses.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
SHERIFFS COUNTIES GRANTED AUTHORITY
TO CREATE MERIT BOARDS TO DECIDE APPEALS
FROM DISCIPLINARY ACTIONS.
Code Section 15-16-28 Enacted.
No. 886 (House Bill No. 1191).
AN ACT
To amend Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, so as to provide that in any county
GEORGIA LAWS 1984 SESSION
537
there may be created by local Act of the General Assembly a merit
board to hear and decide appeals from disciplinary actions against
deputies and other employees of the sheriff of the county; to provide
that no such merit board or appeals procedure shall become effective
until approved and adopted by the sheriff; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, is amended by adding a new Code
Section 15-16-28 to read as follows:
15-16-28. In any county there may be created by local Act of the
General Assembly a merit board to hear and decide appeals from
disciplinary actions against deputies and other employees of the
sheriff of the county; provided, however, that no such merit board or
appeals procedure shall become effective until approved and adopted
by the sheriff.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
GAME AND FISH LAWS AMENDED.
Code Title 27 Amended.
No. 887 (House Bill No. 1195).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated,
538
GENERAL ACTS AND RESOLUTIONS, VOL. I
relating to game and fish, so as to include nutria among the nongame
species that may be taken for certain purposes; to require hunting
licenses for participants in any field or retrieval trial not recognized
by a nationally registered field trialing organization; to allow the
killing of pen raised mallard ducks in permitted field trials; to limit
persons training hunting dogs to the use of handguns using blank
ammunition or shot cartridges; to clarify the salt-water and fresh-
water demarcation line; to prohibit the spearing of game fish and all
species of catfish in the fresh waters of this state; to delete
Edmundson Pond from those impoundments where fishing is prohib-
ited from 30 minutes after sunset to 30 minutes before sunrise; to
delete Lake Conasauga from the list of trout waters without seasons;
to establish a limit for striped and hybrid bass taken in waters
covered by this states reciprocal agreement with Florida; to include
Richard B. Russell Lake in the waters covered by this states recipro-
cal agreement with South Carolina and to make such inclusion
effective at such time as South Carolina takes similar action; to clarify
the limit for striped bass and striped-white bass hybrid that may be
taken from the waters covered by this states reciprocal agreement
with South Carolina; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 27 of the Official Code of Georgia Annotated,
relating to game and fish, is amended by striking paragraphs (12) and
(13) of subsection (a) of Code Section 27-1-28, relating to the taking of
nongame species, in their entirety and inserting in lieu thereof new
paragraphs (12), (13), and (14) to read as follows:
(12) Fresh-water crayfish;
(13) Fresh-water mussels; and
(14) Nutria.
Section 2. Said title is further amended by striking subsection
(b) of Code Section 27-2-21, relating to field and retriever trial
permits, in its entirety and substituting in lieu thereof new subsec-
tions (b), (c), and (d) to read as follows:
GEORGIA LAWS 1984 SESSION
539
(b) It shall be unlawful for any person to participate in a field or
retriever trial unless a permit for such trial has been issued by the
department and unless the person is registered as a participant in the
trial.
(c) All persons participating in a field or retriever trial will be
required to have an appropriate resident or nonresident hunting
license unless the field or retriever trial is recognized by a nationally
registered field trialing organization.
(d) Notwithstanding any other provision of this Code section,
properly marked pen raised mallard ducks may be killed by any
person registered as a participant in a permitted field trial.
Section 3. Said title is further amended by striking subsection
(a) of Code Section 27-3-16, relating to hunting with dogs and training
of hunting dogs, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) It shall be unlawful for any person to have in his possession
any firearms, axes, climbers, or other equipment for taking game
while training hunting dogs, provided that handguns with blank
ammunition or shot cartridges may be used for training hunting
dogs.
Section 4. Said title is further amended by striking paragraph
(1) of subsection (a) of Code Section 27-4-1, relating to the salt-water
and fresh-water demarcation line, in its entirety and substituting in
lieu thereof a new paragraph (1) to read as follows:
(1) The point at which U.S. Highway 17 crosses the following
bodies of water and their tributaries shall be the line of demarcation
for them: St. Marys River, Satilla River, South Altamaha River,
Champney River, Butler River, Darien River, Little Ogeechee System
(except Salt Creek), North Newport River, Medway River, Big
Ogeechee River, and Savannah River. All water seaward of these
points shall be considered salt water; and.
Section 5. Said title is further amended by striking Code Section
27-4-33, relating to the spearing of fish, in its entirety and substitut-
ing in lieu thereof a new Code Section 27-4-33 to read as follows:
540
GENERAL ACTS AND RESOLUTIONS, VOL. I
27-4-33. It shall be unlawful to spear game fish and all species
of catfish in the fresh waters of this state; provided, however, other
species of nongame fish may be speared solely for the purpose of
sport, provided the person engaged in the act of spearing is com-
pletely submerged. Spearing as used in this Code section shall be
limited to the use of a spear or similar instrument that is held in the
hand of the person using the same and the use of a weapon other than
a firearm which propels or forces a projectile or similar device
therefrom, to which a wire, rope, line, cord, or other means of
recovering the projectile or similar device is attached, which wire,
rope, line, cord, or other means is secured to the weapon or the person
using the weapon. It shall also be unlawful for any person to engage in
the spearing of nongame fish in the fresh waters of this state without a
resident or nonresident fishing license as provided in Code Section
27-2-23.
Section 6. Said title is further amended by striking subsection
(b) of Code Section 27-4-51, relating to hours for trout fishing, in its
entirety and substituting in lieu thereof a new subsection (b) to read
as follows:
(b) It shall be unlawful to fish between 30 minutes after sunset
and 30 minutes before sunrise in Dockery Lake and Rock Creek Lake.
Fishing during such time is permitted in all other impoundments.
Section 7. Said title is further amended by striking paragraph
(17.1) of Code Section 27-4-52, relating to trout waters without
seasons, which reads as follows:
(17.1) Murray County:
(A) Lake Conasauga;,
in its entirety.
Section 8. Said title is further amended by striking paragraph
(1) of subsection (c) of Code Section 27-4-231, relating to the recipro-
cal agreement with Florida, in its entirety and substituting in lieu
thereof a new paragraph (1) to read as follows:
(1) It shall be unlawful to take in one day or to possess at any
one time, except at ones place of abode or at a commercial storage
facility, more than six striped bass and more than six striped-white
GEORGIA LAWS 1984 SESSION
541
bass hybrids from the waters described in subsection (a) of this Code
section.
Section 9. Said title is further amended by striking subsection
(a) of Code Section 27-4-233, relating to the reciprocal agreement
with South Carolina, in its entirety and substituting in lieu thereof a
new subsection (a) to read as follows:
(a) The agreement described in this Code section shall cover all
channels of the Savannah River from its mouth to the confluence of
the Tugaloo (Toogaloo) and Seneca rivers; the Tugaloo (Toogaloo)
River from its mouth to the confluence of the Tallulah River and the
Chattooga River; and Chattooga River to the point where it intersects
with the thirty-fifth parallel of north latitude, which is the boundary
line between Georgia and North Carolina. This agreement is also
applicable to the Clark Hill Reservoir, Richard B. Russell Lake, the
Hartwell Reservoir, Yonah Lake, Tugaloo (Toogaloo) Lake, Stevens
Creek Lake, and the New Savannah Bluff Lock and Dam but is not
applicable to any tributary streams to such impoundments nor to
tributary streams of the Savannah, Tugaloo (Toogaloo), and
Chattooga rivers. The inclusion of Richard B. Russell Lake in this
agreement will be effective at such time that the State of South
Carolina takes similar action.
Section 10. Said title is further amended by striking paragraph
(2) of subsection (c) of Code Section 27-4-233, relating to the recipro-
cal agreement with South Carolina, in its entirety and substituting in
lieu thereof a new paragraph (2) to read as follows:
(2) It shall be unlawful for any person to possess more than 40
in the aggregate of all game fish except channel and flathead catfish.
It shall also be unlawful for any person to possess more than ten in the
aggregate of striped bass and striped-white bass hybrid from the
waters described in subsection (a) of this Code section. It shall be
unlawful to possess more than ten in the aggregate of largemouth,
spotted, or Coosa bass and more than eight in the aggregate of trout.
No person may possess in either state more fish than permitted by
that state even though the fish may have been caught in the waters of
the other state.
Section 11. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
542
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 12. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 15,1984.
DOMESTIC RELATIONS COPY OF EX PARTE
ORDER TO BE FURNISHED PETITIONER IN
CERTAIN CASES.
Code Section 19-13-3 Amended.
No. 888 (House Bill No. 1213).
AN ACT
To amend Code Section 19-13-3 of the Official Code of Georgia
Annotated, relating to petitions for relief from family violence, so as
to provide that a copy of any ex parte order shall be immediately
furnished by the clerk of superior court to the petitioner; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 19-13-3 of the Official Code of Georgia
Annotated, relating to petitions for relief from family violence, is
amended by striking subsection (b) and inserting in its place a new
subsection to read as follows:
(b) Upon the filing of a verified petition in which the petitioner
alleges a substantial likelihood of immediate danger of family vio-
lence, the court may order such temporary relief ex parte as it deems
necessary to protect the petitioner or a minor of the household from
violence. If the court issues an ex parte order, a copy of the order shall
be immediately furnished to the petitioner.
GEORGIA LAWS 1984 SESSION
543
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
STATE EMPLOYEES HEALTH INSURANCE PLAN
INCLUSION OF EMPLOYEES OF GEORGIA
DEVELOPMENT AUTHORITY IN PLAN.
Code Section 45-18-7.1 Enacted.
No. 889 (House Bill No. 1217).
AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of
Georgia Annotated, relating to the state employees health insurance
plan, so as to authorize the State Personnel Board to contract with
the Georgia Development Authority for the inclusion in the health
insurance plan of employees of the authority and their spouses and
dependent children; to provide for regulations; to provide for contri-
butions; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 18 of Title 45 of the Official
Code of Georgia Annotated, relating to the state employees health
insurance plan, is amended by adding, following Code Section 45-18-
7, a new Code Section 45-18-7.1 to read as follows:
45-18-7.1. The board is authorized to contract with the Georgia
Development Authority for the inclusion in any health insurance plan
or plans established under this article of the employees and retiring
employees of the Georgia Development Authority and their spouses
and dependent children, as defined by the regulations of the board. It
544
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be the duty of the Georgia Development Authority to deduct
from the salary or other remuneration of its employees such payment
as may be required under the boards regulations. In addition, it shall
be the duty of the Georgia Development Authority to make the
employer contributions required for the operation of such plan or
plans.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
VETERINARIANS AND REGISTERED ANIMAL
TECHNICIANS EXEMPTION OF CERTAIN
APPLICANTS FROM EXAMINATION.
Code Section 43-50-52 Amended.
No. 890 (House Bill No. 1232).
AN ACT
To amend Code Section 43-50-52 of the Official Code of Georgia
Annotated, relating to applications for registration as veterinary
technicians and examinations and exemptions from examinations
therefor, so as to change the provisions relating to exemptions of
certain applicants from the examination and certain other require-
ments for certification as registered animal technicians; to provide for
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
545
Section 1. Code Section 43-50-52 of the Official Code of
Georgia Annotated, relating to applications for registration as veteri-
nary technicians and examinations and exemptions from examina-
tions therefor, is amended by striking subsections (b) and (c) of said
Code section in their entirety and inserting in lieu thereof new
subsections (b) and (c) to read as follows:
(b) Until January 1,1984, any person who has been at any time
certified as a registered animal technician and has had three years
experience of employment as a registered animal technician shall
upon application be registered as a veterinary technician without
examination and without meeting the requirements of paragraphs (1)
and (2) of subsection (a) of this Code section.
(c) Any person who immediately prior to July 1, 1983, was
currently certified as a registered animal technician shall be entitled
to be registered as a veterinary technician and to have such certifica-
tion renewed without examination and without meeting any require-
ments of paragraphs (1) and (2) of subsection (a) 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 15,1984.
546
GENERAL ACTS AND RESOLUTIONS, VOL. I
GAME AND FISH PUNISHMENT FOR HUNTING
ON PRIVATE LANDS WITHOUT PERMISSION.
Code Section 27-3-1 Amended.
No. 891 (House Bill No. 1250).
AN ACT
To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official
Code of Georgia Annotated, relating to regulation of hunting in
general, so as to provide that under certain conditions it shall be
unlawful to hunt upon lands belonging to another person without
obtaining and carrying written authorization from the owner; to
provide for criminal punishment of violations; to provide limitations
on the civil liability of an owner or lessee giving such permission; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 1 of Article 1 of Chapter 3 of Title 27 of the
Official Code of Georgia Annotated, relating to regulation of hunting
in general, is amended by striking Code Section 27-3-1, which reads as
follows:
27-3-1. (a) It shall be unlawful for any person to hunt upon
the lands of another or enter upon the lands of another in pursuit of
wildlife, with or without a license, without first obtaining permission
from the landowner or lessee of such land or the lessee of the game
rights of such land.
(b) If the land is so posted, this permission shall be in writing
and carried on the person hunting or pursuing wildlife upon the lands
of another.
(c) It shall be the duty of conservation rangers, sheriffs, and
deputy sheriffs to enforce this Code section., and substituting in lieu
thereof a new Code section to read as follows:
GEORGIA LAWS 1984 SESSION
547
27-3-1. (a) It shall be unlawful for any person to hunt upon
the lands of another or enter upon the lands of another in pursuit of
wildlife, with or without a license, without first obtaining permission
from the landowner or lessee of such land or the lessee of the game
rights of such land. Such permission shall not be required, however, if
the person hunting or a member of the persons family is the owner of
the land, the lessee of the land, or the lessee of the game rights of the
land. For the purposes of this Code section only, family means
mother, father, son, daughter, brother, sister, uncle, aunt, son-in-law,
daughter-in-law, niece, nephew, grandson, granddaughter, grand-
mother, grandfather, or spouse.
(b) If the land is posted and if the owner of the land, lessee of the
land, or lessee of the game rights of the land has informed a law
enforcement agency that permission to hunt upon the land must be in
writing, then the permission required by subsection (a) of this Code
section must be in writing and must be carried on the hunters person.
(c) Any person who violates subsection (a) or (b) of this Code
section shall be guilty of a misdemeanor and shall be punished by a
fine of not less than $250.00. Any person who violates subsection (a)
or (b) of this Code section for the second or subsequent time within a
two-year period shall be punished by a fine of not less than $500.00;
and the department shall revoke the right of such person to a hunting
license for a period of one year for each such second or subsequent
conviction within a two-year period. The minimum fines and revoca-
tion periods specified in this subsection shall not apply, however, to
an offender who is 17 years of age or younger.
(d) It shall be the duty of any peace officer whose duty it is to
preserve the peace or make arrests or enforce the law to enforce this
Code section.
(e) Any owner of land, lessee of land, or lessee of the game rights
to land who gives permission to another person to hunt upon the land
with or without charge shall be entitled to the same protection from
civil liability provided by Article 2 of Chapter 3 of Title 51 for
landowners who allow the public to use their land for recreational
purposes without charge.
548
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
ABANDONED MOTOR VEHICLES PERIOD OF TIME
AUTHORIZING REMOVAL FROM PUBLIC PROPERTY.
Code Title 40f,fChapter 11 Amended.
No. 892 (Senate Bill No. 101).
AN ACT
To amend Chapter 11 of Title 40 of the Official Code of Georgia
Annotated, relating to abandoned motor vehicles, so as to change the
number of days which must expire prior to a motor vehicle being
deemed abandoned; 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 40 of the Official Code of Georgia
Annotated, relating to abandoned motor vehicles, is amended by
striking subparagraph (B) of paragraph (1) of Code Section 40-11-1,
relating to definitions generally, in its entirety and inserting in lieu
thereof a new subparagraph (B) to read as follows:
(B) Which is left unattended on a public street, road, or high-
way or other public property for a period of at least five days and
when it reasonably appears to a law enforcement officer that the
individual who left such motor vehicle unattended does not intend to
return and remove such motor vehicle;.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 40-11-3, relating to peace officers removing
GEORGIA LAWS 1984 SESSION
549
vehicles from public property, in its entirety and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Any peace officer who finds a motor vehicle which has been
left unattended on a public street, road, or highway or other public
property for a period of at least five days shall be authorized to cause
such motor vehicle to be removed to a garage or other place of safety,
if such peace officer reasonably believes that the person who left such
motor vehicle unattended does not intend to return and remove such
motor vehicle.
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 15,1984.
GAME AND FISH ADMINISTRATIVE
PENALTIES FOR NEGLIGENT INJURY TO OR
DEATH OF ANOTHER WHILE HUNTING.
Code Section 27-2-25.1 Enacted.
No. 893 (Senate Bill No. 106).
AN ACT
To amend Chapter 2 of Title 27 of the Official Code of Georgia
Annotated, relating to hunting license or permit denial, so as to
establish legislative intent and provide administrative penalties for
persons who negligently injure or kill another person or persons while
engaged in hunting; to define criminal activity and penalties therefor
relative to the foregoing; to provide an effective date; to repeal
conflicting laws; and for other purposes.
550
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 license or permit denial, is amended
by inserting after Code Section 27-2-25 a new Code Section 27-2-25.1
to read as follows:
27-2-25.1. (a) The General Assembly has heretofore found
and declared that hunting is a privilege to be exercised only in
accordance with the law granting such privilege. The General Assem-
bly now specifically finds and declares that while the act of hunting is
an enjoyable and beneficial form of recreation, it can be dangerous
not only to the hunter himself but also to other persons if due care is
not exercised. Therefore, the General Assembly declares that all
persons who refuse or fail to exercise such due care shall have their
hunting licenses suspended as provided in this Code section.
(b) Any person engaged in the act of hunting who by the use of a
weapon kills or injures another person or persons, whether or not such
other person or persons are likewise engaged in the act of hunting,
shall notify the department or any appropriate law enforcement
officer who shall then notify the department immediately after such
occurrence. Any person who fails so to notify the department or such
law enforcement officer shall be guilty of a misdemeanor.
(c) Upon notification of such a death or injury, whether by the
hunter or by some other person, the department shall immediately
initiate an investigation of such incident and submit a report to the
commissioner. If the commissioner determines probable negligence
on the part of the person causing the death or injury he shall initiate
an administrative hearing before an administrative law judge
(appointed by the board for a determination as to the issue of
negligence and the extent of injury).
(d) Upon the issuance of the notice of hearing, the administra-
tive law judge shall also issue an order suspending such persons
hunting license until the final decision of the board. Upon receipt of
such order, such person shall immediately surrender his or her
hunting license to the department. If, following the administrative
hearing, there is a determination that such person was negligent and
that such negligence was the proximate cause of the death or injury,
the hunting license of such person may be suspended for a period of
up to ten years and the negligent hunter shall be ordered to take a
GEORGIA LAWS 1984 SESSION
551
course of instruction in competency and safety in hunting and in the
handling of weapons provided for in Code Section 27-2-5. The period
of time that such license is suspended shall be commensurate with the
degree of negligence and the severity of the injury. The provisions of
Code Section 27-2-27 shall not be applicable to a suspension under
this Code section.
(e) Any person whose hunting license or permit has been sus-
pended under this Code section and who engaged in the act of hunting
during such period of suspension shall be guilty of a misdemeanor of a
high and aggravated nature and shall be punishable by a fine of not
more than $5,000.00 or by imprisonment for not more than 12
months, or both.
(f) As used in this Code section, the term:
(1) License means any and all licenses, permits, or stamps
as required by law for hunting in this state.
(2) Suspend means the suspension or revocation of any
existing license or permit and the suspension or revocation of the
privilege of obtaining any new license or permit.
(g) The initial hearing before an administrative law judge
appointed by the Board of Natural Resources and any judicial review
shall be conducted in accordance with Chapter 13 of Title 50 and
applicable rules and regulations of the board.
(h) The proceedings provided for by this Code section shall be in
addition to and not in lieu of any civil or criminal actions or actions
provided for by law and the final decision of this proceeding shall not
constitute res judicata as to any such civil or criminal action or actions
and shall not be admissible as evidence in any such civil or criminal
action or actions.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
552
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROFESSIONS AND BUSINESSES STATE
EXAMINING BOARDS POWERS, PROCEDURES,
APPOINTMENT OF MEMBERS, ETC.
Code Title 43, Chapter 1 Amended.
No. 894 (Senate Bill No. 149).
AN ACT
To amend Chapter 1 of Title 43 of the Official Code of Georgia
Annotated, relating to general provisions regarding licensure of pro-
fessions and businesses, so as to provide for Senate confirmation of
appointees to state examining boards; to provide for removal and
eligibility to vote of members of state examining boards; to provide
for disciplinary sanctions and license denial by state examining
boards and provide for subpoenas, hearings, investigations, and pro-
ceedings relating thereto; to provide for supplemental regulation of
licensed professions and businesses; to provide for injunctive relief; to
provide for release of information regarding investigations and sanc-
tions; to provide for inactive status licenses; to delete certain require-
ments regarding filing, recording, and reporting of licenses; to provide
immunity from liability for certain actions; to preserve the existing
regulation of certain persons licensed by state examining boards and
preserve existing laws and standards applicable to the relationship
between these persons and those to whom they render certain ser-
vices; to provide for applicability; to provide for rules and regulations;
to provide for an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia
Annotated, relating to general provisions regarding licensure of pro-
fessions and businesses, is amended by adding at the end thereof new
Code Sections 43-1-16 through 43-1-25 to read as follows:
43-1-16. Each person appointed by the Governor as a member
of a state examining board shall be confirmed by the Senate; and any
such appointment made when the Senate is not in session shall be
effective until the appointment is acted upon by the Senate.
GEORGIA LAWS 1984 SESSION
553
43-1-17. The Governor, after notice and opportunity for hearing,
may remove from office any member of a state examining board for
any of the following:
(1) Inability or neglect to perform the duties required of
members;
(2) Incompetence; or
(3) Dishonest conduct.
43-1-18. Without affecting the eligibility to vote of any other
member of a state examining board, each consumer member of a state
examining board shall be eligible to vote on all matters brought before
that board.
43-1-19. (a) A state examining board shall have the authority
to refuse to grant a license to an applicant therefor or to revoke the
license of a person licensed by that board or to discipline a person
licensed by that board, 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 Code section, or under the laws, rules, or
regulations under which licensure is sought or held; 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 a business or profes-
sion licensed under this title or on any document connected
therewith; or practiced fraud or deceit or intentionally made any
false statement in obtaining a license to practice the licensed
business or profession; or made a false statement or deceptive
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
554
GENERAL ACTS AND RESOLUTIONS, VOL. I
in this paragraph and paragraph (4) of 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 paragraph, 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) First offender treatment without adjudication of
guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise
withheld or not entered on the charge, except with respect to
a plea of nolo contendere.
The order entered pursuant to the provisions of Article 3 of
Chapter 8 of Title 42, relating to probation of first offenders, or
other first offender treatment shall be conclusive evidence of
arrest and sentencing for such crime;
(5) Had his license to practice a business or profession
licensed under this title revoked, suspended, or annulled by any
lawful licensing authority other than the board; or had other
disciplinary action taken against him by any such lawful licensing
authority other than the board; or was denied a license by any
such lawful licensing authority other than the board, pursuant to
disciplinary proceedings; or was refused the renewal of a license by
any such lawful licensing authority other than the board, pursuant
to disciplinary proceedings;
(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 a business or profession
licensed under this title, 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 the licensed business or profession but shows that the
licensee or applicant has committed any act or omission which is
indicative of bad moral character or untrustworthiness; unprofes-
sional conduct shall also include any departure from, or the failure
GEORGIA LAWS 1984 SESSION
555
to conform to, the minimal reasonable standards of acceptable
and prevailing practice of the business or profession licensed
under this title;
(7) 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 a
state examining board to practice a business or profession licensed
under this title or to practice outside the scope of any disciplinary
limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this
state, any other state, the state examining board regulating the
business or profession licensed under this title, 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 a business
or profession licensed under this title, when the licensee or appli-
cant 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;
(9) 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; or
(10) Displayed an inability to practice a business or profes-
sion licensed under this title with reasonable skill and safety to the
public or has become unable to practice the licensed business or
profession with reasonable skill and safety to the public by reason
of illness, use of alcohol, drugs, narcotics, chemicals, or any other
type of material.
(b) The provisions of Chapter 13 of Title 50, the Georgia
Administrative Procedure Act, with respect to emergency action by a
state examining board and summary suspension of a license are
adopted and incorporated by reference into this Code section.
556
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) For purposes of this Code section, a state examining board
may obtain, through subpoena by the joint secretary, upon reasonable
grounds, any and all records relating to the mental or physical
condition of a licensee or applicant, and such records shall be admissi-
ble in any hearing before the board.
(d) When a state examining 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 or the laws,
rules, or regulations relating to the business or profession licensed by
the board, 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;
(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; or
(7) Impose a fine not to exceed $500.00 for each violation of
a law, rule, or regulation relating to the licensed business or
profession.
(e) In addition to and in conjunction with the actions described
in subsection (d) of this Code section, a state examining 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.
GEORGIA LAWS 1984 SESSION
557
(f) Initial judicial review of a final decision of a state examining
board shall be had solely in the superior court of the county of
domicile of the board.
(g) In its discretion, a state examining 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 Code section or the
laws relating to the licensed business or profession.
(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 each state examining board, such
investigations as he or the board may deem necessary or proper for
the enforcement of the provisions of this Code section and the
laws relating to businesses and professions licensed by that board.
Any person properly conducting an investigation on behalf of a
state examining 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 repre-
sentative may issue subpoenas to compel such access upon a
determination that reasonable grounds exist for the belief that a
violation of this Code section or any other law relating to the
practice of the licensed business or profession 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.
(3) If a licensee is the subject of a board inquiry, all records
relating to any person who receives services rendered by that
licensee in his capacity as licensee shall be admissible at any
hearing held to determine whether a violation of this chapter has
taken place, regardless of any statutory privilege; provided, how-
ever, that any documentary evidence relating to a person who
558
GENERAL ACTS AND RESOLUTIONS, VOL. I
received those services 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 a business or profession licensed under this title 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 a state examining 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 the
business or profession licensed by the board shall be immune from
civil and criminal liability for so testifying.
(j) Neither 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 to be a contested case within the meaning of
Chapter 13 of Title 50, 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;
(k) If any licensee or applicant after reasonable notice fails to
appear at any hearing of the state examining board for that licensee or
applicant, 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 recommended
decision, or final decision of the board in a disciplinary proceeding
shall be served personally upon the licensee or applicant or served by
certified mail, return receipt requested, to the last known address of
record with the board. If such material is served by certified mail and
is returned marked unclaimed or refused or is otherwise undeliver-
GEORGIA LAWS 1984 SESSION
559
able 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 or the failure to renew a
license by the end of an established penalty period shall have the
same effect as a revocation of said license, subject to reinstatement in
the discretion of a board. A board may restore and reissue a license to
practice under the law relating to that board and, as a condition
thereof, may impose any disciplinary sanction provided by this Code
section or the law relating to that 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) Regulation by a state examining board of a business or
profession licensed under this title shall not exempt that business or
profession from regulation pursuant to any other applicable law,
including but not limited to Part 2 of Article 15 of Chapter 1 of Title
10, the Fair Business Practices Act of 1975.
(o) Subsections (a), (d), and (e) of this Code section shall be
supplemental to and shall not operate to prohibit any examining
board from acting pursuant to those provisions of law which may now
or hereafter authorize other disciplinary grounds and actions for that
particular state examining board. In cases where those other provi-
sions of law so authorize other disciplinary grounds and actions but
subsections (a), (d), or (e) of this Code section limit such grounds or
actions, those other provisions shall apply.
43-1-20. A state examining board, the joint-secretary, or the
appropriate prosecuting attorney may bring an action to enjoin the
unlicensed practice by any person of a profession or business required
to be licensed by a state examining board. The action to restrain and
enjoin such unlicensed practice shall be brought in the superior court
of the county where the unlicensed person resides. It shall not be
necessary to allege or prove that there is no adequate remedy at law to
obtain an injunction under this Code section.
560
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-1-21. The joint-secretary of the state examining boards is
authorized to provide to any lawful licensing authority of this or any
other state, upon inquiry by such authority, information regarding a
past or pending investigation of or disciplinary sanction against any
applicant for licensure by that board or licensee of that board
notwithstanding the provisions of subsection (h) of Code Section 43-
1-19 or any other law to the contrary regarding the confidentiality of
that information.
43-1-22. The joint-secretary of the state examining boards may
provide for inactive status licenses for the various state examining
boards.
43-1-23. No licensee of a state examining board shall be required
to file or record his license with the clerk of the superior court, and no
clerk shall be required to report the filing or recordation of any such
license.
43-1-24. Any person licensed by a state examining board and
who practices a profession, as defined in Chapter 7 of Title 14, the
Georgia Professional Corporation Act, or who renders professional
services, as defined in Chapter 10 of Title 14, The Professional
Association Act, whether such person is practicing or rendering
services as a proprietorship, partnership, professional corporation,
professional association, other corporation, or any other business
entity, shall remain subject to regulation by that state examining
board, and such practice or rendering of services in that business
entity shall not change the law or existing standards applicable to the
relationship between that person rendering a professional service and
the person receiving such service, including but not limited to the
rules of privileged communication and the contract, tort, and other
legal liabilities and professional relationships between such persons.
43-1-25. Except as provided in subsection (o) of Code Section
43-1-19, Code Sections 43-1-16 through 43-1-24 shall apply to all state
examining boards and licenses thereunder, except the Georgia Real
Estate Commission and its licensees, notwithstanding any other law
to the contrary, and each such state examining board may promulgate
rules and regulations to implement the authority provided by the
applicability of said provisions to said boards.
Section 2. This Act shall become effective July 1,1984.
GEORGIA LAWS 1984 SESSION
561
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
PROPERTY SPECIAL LIENS OF MECHANICS
PROPERTY SUBJECT FILING.
Code Section 44-14-363 Amended.
No. 895 (Senate Bill No. 167).
AN ACT
To amend Code Section 44-14-363 of the Official Code of Georgia
Annotated, relating to special liens on personalty generally, so as to
provide that under certain circumstances liens on certain property
shall be created; 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 44-14-363 of the Official Code of
Georgia Annotated, relating to special liens on personalty generally, is
amended by striking subsection (c) thereof and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) (1) When possession of the property is surrendered to the
debtor, the mechanic shall record his claim of lien within 90 days
after the work is done and the material is furnished or, in the case
of repairs made on or to aircraft or farm machinery, within 180
days after the work is done and the material is furnished. The
claim of lien shall be recorded in the office of the clerk of the
superior court of the county where the owner of the property
resides. The claim shall be in substance as follows:
562
GENERAL ACTS AND RESOLUTIONS, VOL. I
A.B., mechanic, claims a lien on______(here describe
the property) of C.B., for work done, material furnished, and
storage accruing (as the case may be) in manufacturing,
repairing, and storing (as the case may be) the same.
(2) If possession of the personal property subject to a special
lien as provided in this Code section is surrendered to the debtor
and if such special lien is not preserved by recording the claim of
lien as provided in paragraph (1) of this subsection, the mechanic
acquires a special lien on other personal property belonging to the
debtor which comes into the possession of the mechanic, except
that this sentence shall not apply to consumer goods which are
being used by a consumer for personal, family, or household
purposes or which have been bought by a consumer for use for
personal, family, or household purposes. The special lien created
by this paragraph shall be subject to the provisions of this Code
section as to foreclosure and recording.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
COURTS JUVENILE PROCEEDINGS
PROTECTIVE ORDERS.
Code Section 15-11-57 Amended.
No. 896 (Senate Bill No. 232).
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
GEORGIA LAWS 1984 SESSION
563
provisions relating to protective orders; to provide for modification,
extension, or termination of such protective orders; to provide for
enforcement of protective orders; 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 15-11-57, which reads as follows:
15-11-57. On application of a party or on the courts own
motion the court may make an order restraining or otherwise control-
ling the conduct of a person if:
(1) An order of disposition of a delinquent, unruly, or
deprived child has been or is about to be made in a proceeding
under this chapter;
(2) The court finds that the conduct:
(A) Is or may be detrimental or harmful to the child;
and
(B) Will tend to defeat the execution of the order of
disposition; and
(3) Due notice of the application or motion and the grounds
therefor and an opportunity to be heard thereon have been given
to the person against whom the order is directed.,
and inserting in lieu thereof a new Code Section 15-11-57 to read as
follows:
15-11-57. (a) On application of a party or on the courts own
motion, the court may make an order restraining or otherwise control-
ling the conduct of a person if an order of disposition of a child has
been or is about to be made in a proceeding under this chapter and
due notice of the application or motion and the grounds therefor and
ap opportunity to be heard thereon have been given to the person
against whom the order is directed. Such an order may require any
such person:
564
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) To stay away from the home or the child;
(2) To permit a parent to visit the child at stated periods;
(3) To abstain from offensive conduct against the child, his
parent, or any person to whom custody of the child is awarded;
(4) To give proper attention to the care of the home;
(5) To cooperate in good faith with an agency to which
custody of a child is entrusted by the court or with an agency or
association to which the child is referred by the court;
(6) To refrain from acts of commission or omission that tend
to make the home not a proper place for the child;
(7) To ensure that the child attends school pursuant to any
valid law relating to compulsory attendance; and
(8) To participate with the child in any counseling or treat-
ment deemed necessary after consideration of employment and
other family needs.
(b) After notice and opportunity for hearing afforded to a person
subject to a protective order, the order may be modified or extended
for a further specified period, or both, or may be terminated if the
court finds that the best interests of the child and the public will be
served thereby.
(c) Protective orders may be enforced by citation to show cause
for contempt of court by reason of any violation thereof and, where
protection of the welfare of the child so requires, by the issuance of a
warrant to take the alleged violator into custody and bring him before
the court.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
565
COURTS JUDGES OF JUVENILE COURTS
APPOINTMENT COMMISSIONING BY
SECRETARY OF STATE.
Code Title 15, Chapter 11, Title 21,
Chapter 2, and Title 45, Chapter 3 Amended.
No. 897 (Senate Bill No. 312).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile proceedings, so as to provide for the
commissioning of juvenile court judges by the Secretary of State; to
provide for submission of orders of appointment to the Secretary of
State and the Council of Juvenile Court Judges; to provide for the
submission of orders of appointment of referees to the Council of
Juvenile Court Judges; to amend Code Section 21-2-502 of the
Official Code of Georgia Annotated, relating to issuance of certifi-
cates of election, so as to provide for the issuance of certificates of
election to certain judges of the juvenile court; to amend Article 2 of
Chapter 3 of Title 45 of the Official Code of Georgia Annotated,
relating to commissions, so as to provide for judges of the juvenile
court to be commissioned under the great seal of state; to provide for
applicability; 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 adding
between Code Sections 15-11-3 and 15-11-4 a new Code section, to be
designated Code Section 15-11-3.1, to read as follows:
15-11-3.1. (a) Whenever a juvenile court judge is appointed
pursuant to Code Section 15-11-3, it shall be the duty of the clerk of
the superior court to forward to the Secretary of State and to the
Council of Juvenile Court Judges a certified copy of the order of
appointment. The order of appointment shall set out the name of the
person appointed, the term of office, the effective date of the appoint-
ment, the name of the person being succeeded, if any, and whether
the office was vacated by resignation, death, or otherwise. Upon
receipt of said order, the Secretary of State shall issue a commission
as for superior court judges.
566
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Whenever a referee is appointed to serve in a juvenile court,
the clerk of the court shall forward a certified copy of the order of
appointment to the Council of Juvenile Court Judges.
Section 2. Code Section 21-2-502 of the Official Code of Georgia
Annotated, relating to issuance of certificates of election, is amended
by striking subsection (c) in its entirety and inserting in lieu thereof a
new subsection (c) to read as follows:
(c) Upon completion of the tabulation the Secretary of State
shall certify the result of each election of Justices of the Supreme
Court, of Judges of the Court of Appeals, of Commissioners of the
Georgia Public Service Commission, of judges of the superior court, of
judges of the juvenile court where elected, and of district attorneys to
the Governor and shall issue a certificate of election to each person so
elected. The Governor shall, upon their taking the oath of office,
immediately issue a commission under the great seal of the State of
Georgia, signed by the Governor and countersigned by the Secretary
of State, to each such person.
Section 3. Article 2 of Chapter 3 of Title 45 of the Official Code
of Georgia Annotated, relating to officers commissioned under great
seal of state, is amended by striking in its entirety Code Section 45-3-
30, relating to officers commissioned under great seal of state, and
inserting in lieu thereof a new Code Section 45-3-30 to read as follows:
45-3-30. The commissions of the following officers shall have
annexed thereto the great seal of the state, and shall be signed by the
Governor and countersigned by the Secretary of State, namely:
senators and representatives in Congress, Justices of the Supreme
Court, Judges of the Court of Appeals, superior courts, and juvenile
courts, Attorney General, district attorneys, reporter of the Supreme
Court and Court of Appeals, Secretary of State, Commissioner of
Insurance, and all military officers of the grade of general. The
commissions of all federal and judicial officers enumerated above
shall be on parchment.
Section 4. This Act shall apply to judges of the juvenile court
elected or appointed after July 1,1984.
GEORGIA LAWS 1984 SESSION
567
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
CHILD SUPPORT RECOVERY ACT PROVISIONS
RELATING TO FEES CHARGED FOR SUPPORT
ENFORCEMENT SERVICES REPEALED.
Code Section 19-ll-8(c) Repealed.
No. 898 (Senate Bill No. 409).
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 repeal
provisions relating to fees charged to applicants for support enforce-
ment 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. Article 1 of Chapter 11 of Title 19 of the Official Code
of Georgia Annotated, the Child Support Recovery Act, is amended
by striking in its entirety subsection (c) of Code Section 19-11-8,
relating to support enforcement services, which subsection reads 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
568
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 deroga-
tion of any other provisions of the law.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GAME AND FISH FALCONRY PERMITS
HUNTING OF FERAL HOGS REGULATED.
Code Title 27, Chapters 2 and 3 Amended.
No. 899 (Senate Bill No. 415).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated,
relating to game and fish, so as to provide for the classification and
issuance of falconry permits; to provide for the issuance of raptor
propagation permits; to provide restrictions on the hunting of feral
hogs; to prohibit certain activities in the hunting of feral hogs; to
prohibit hunting feral hogs on the land of another without permis-
sion; to prohibit hunting feral hogs on baited fields or from a vehicle;
to prohibit hunting feral hogs with certain lights; to require hunters to
wear certain clothing at certain times; to authorize the Board of
GEORGIA LAWS 1984 SESSION
569
Natural Resources by rules or regulations to regulate or control the
hunting or taking of feral hogs on wildlife management areas; 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 27 of the Official Code of Georgia Annotated,
relating to game and fish, is amended by striking subsection (b) of
Code Section 27-2-17, relating to falconry permits and activities, in its
entirety and substituting in lieu thereof a new subsection (b) to read
as follows:
(b) There shall be three classes of falconry permits: apprentice,
general, and master. Prior to the issuance of any falconry permit, the
applicant shall be required to answer correctly 80 percent of the
questions on an examination administered by the department relat-
ing to the basic biology, care, and handling of raptors; the literature
on raptors; and the laws and regulations pertaining to raptors.
Permits to take, transport, or possess raptors shall be issued in
accordance with the standards, requirements, and limitations set
forth in 50 CFR Parts 17 and 21, as amended through February 1,
1984.
Section 2. Said title is further amended by adding at the end of
Code Section 27-2-17, relating to falconry permits and activities, a
new subsection (t) to read as follows:
(t) The department may issue raptor propagation permits sub-
ject to the standards, requirements, and limitations set forth in 50
CFR Section 21.30, as amended through February 1, 1984. All
applications must be made in writing and submitted together with a
completed application for a federal raptor propagation permit pre-
pared in accordance with 50 CFR Section 21.30, as amended through
February 1,1984.
Section 3. Said title is further amended by adding at the end of
Part 1 of Article 1 of Chapter 3 of Title 27, relating to general
provisions applicable to hunting wildlife, a new Code Section 27-3-24
to read as follows:
27-3-24. (a) It shall be unlawful to hunt, or engage in the
hunting of, feral hogs:
570
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Upon the lands of another or enter upon the lands of
another in pursuit of feral hogs without first obtaining permission
from the landowner or lessee of such land or the lessee of the game
rights of such land;
(2) Upon any land which is posted without having the
permission required by paragraph (1) of this Code section in
writing and carried upon the person;
(3) Upon, over, around, or near any land or place upon
which any corn, wheat, or other grains, salts, apples, or other feeds
or bait which would constitute a lure, attraction, or enticement for
any feral hog has been placed, exposed, deposited, distributed, or
scattered or upon, over, around, or near any such place for a period
of ten days following the complete removal of all such feed or bait;
provided, however, this paragraph shall not prohibit the use of
bait described in this paragraph for the purpose of trapping feral
hogs or hunting feral hogs by means other than a firearm or bow
and arrow;
(4) From within a vehicle or while riding on a vehicle at
night and with the use of a light;
(5) At night with a light, except that a light which does not
exceed six volts or a fuel-type lantern may be carried on the person
of a hunter and used for locating feral hogs; or
(6) During the firearms deer season unless the hunter and
each person accompanying the hunter are wearing a total of at
least 500 square inches of daylight fluorescent orange material as
an outer garment and such material or garment is worn above the
waistline, and may include a head covering.
(b) The Board of Natural Resources is authorized by rules or
regulations to control and regulate the hunting or taking of feral hogs
on wildlife management areas.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
571
VOCATIONAL EDUCATION VOCATIONAL
TECHNICAL SCHOOLS OPERATED BY LOCAL SCHOOL
BOARDS AUTHORIZED TO CHARGE TUITION FEES.
Code Section 20-4-100 Enacted.
No. 900 (Senate Bill No. 436).
AN ACT
To amend Chapter 4 of Title 20 of the Official Code of Georgia
Annotated, relating to vocational education, so as to provide that
vocational-technical schools operated by local boards of education
and independent boards of trustees shall be authorized to charge
tuition fees; to provide that the State Board of Education and the
State Department of Education shall not withhold from such schools
any funds to which they would otherwise be entitled if they did not
charge tuition fees; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 4 of Title 20 of the Official Code of Georgia
Annotated, relating to vocational education, is amended by adding a
new Article 5 to read as follows:
ARTICLE 5
20-4-100. (a) The Board of Postsecondary Vocational Educa-
tion is authorized and directed to promulgate rules and regulations
for the charging of tuition fees by vocational-technical schools oper-
ated by local boards of education and independent boards of trustees.
(b) Any vocational-technical school operated by a local board of
education or an independent board of trustees shall be authorized to
charge tuition fees in conformity with the rules and regulations
promulgated by the Board of Postsecondary Vocational Education.
(c) The Board of Postsecondary Vocational Education may from
time to time amend its rules and regulations concerning charging of
tuition fees.
572
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Tuition fees charged by vocational-technical schools oper-
ated by local boards of education and independent boards of trustees
shall not be used to supplant existing state or local funding but shall
be used to provide facilities and services not funded from existing
state and local sources.
(e) The State Board of Education and the State Department of
Education shall not withhold from any vocational-technical school
which charges tuition fees as authorized by this Code section any
funds which would otherwise be payable by the board or department
to such school by contract, grant, or otherwise.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
LIENS DISPOSITION OF ANIMALS OR PETS
DEEMED ABANDONED UPON FAILURE OF OWNER TO
PAY CHARGES FOR SERVICES.
Code Title 44, Chapter 14 Amended.
No. 901 (Senate Bill No. 440).
AN ACT
To amend Part 9 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to liens, so as to provide
when an animal or pet shall be deemed abandoned; to authorize
certain persons to dispose of abandoned animals or pets; to provide
for the manner in which animals or pets may be disposed of; to
provide that disposing of an animal or pet shall not constitute a
GEORGIA LAWS 1984 SESSION
573
violation of Code Section 16-12-4 of the Official Code of Georgia
Annotated, relating to cruelty to animals; 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 9 of Article 8 of Chapter 14 of Title 44 of the
Official Code of Georgia Annotated, relating to liens, is amended by
striking in its entirety Code Section 44-14-491 which reads as follows:
44-14-491. (a) If the charges due for the services named in
Code Section 44-14-490 are not paid within ten days after the demand
therefor on the owner of the animal or pet, which demand shall be
made in person or by registered or certified mail with return receipt
requested and addressed to the owner at the address given when the
animal or pet was delivered, with the receipt having been returned by
the United States postal authorities, the licensed veterinarian or
operator of a facility is authorized to sell the animal or pet either at
public or private sale. If he does not succeed in selling the animal or
pet, he is authorized to dispose of the animal or pet in any manner
that he deems proper or to turn the animal or pet over to the nearest
humane society or dog pound in the area for disposal as such
custodian may deem proper.
(b) The giving of notice to the owner as provided for in subsec-
tion (a) of this Code section shall relieve the licensed veterinarian, the
operator of a facility for boarding animals or pets, or any custodian to
whom such animal or pet may be given of any further liability for
disposal.
(c) Failure of the owner of any such animal or pet to receive the
demand by registered or certified mail provided for in this Code
section shall not render the licensed veterinarian or operator of a
facility liable to the owner of such animal or pet for the disposal
thereof in any manner provided in this Code section.,
and inserting in lieu thereof a new Code Section 44-14-491 to read as
follows:
44-14-491. (a) If the charges due for the services named in
Code Section 44-14-490 are not paid within ten days after the demand
therefor on the owner of the animal or pet, which demand shall be
made in person or by registered or certified mail with return receipt
574
GENERAL ACTS AND RESOLUTIONS, VOL. I
requested and addressed to the owner at the address given when the
animal or pet was delivered, with the receipt having been returned by
the United States postal authorities, the animal or pet shall be
deemed to be abandoned and the licensed veterinarian or operator of
a facility is authorized to dispose of the animal or pet in such manner
as he shall determine. For purposes of this subsection, the term
dispose of means, but is not limited to, selling the animal or pet at
public or private sale, giving the animal or pet away, turning the
animal or pet over to any humane society or dog pound or other such
facility, or destroying the animal or pet by accepted veterinary means.
(b) The giving of notice to the owner as provided for in subsec-
tion (a) of this Code section shall relieve the licensed veterinarian, the
operator of a facility for boarding animals or pets, or any custodian
who disposes of such animal or pet of any further liability for such
disposal.
(c) Failure of the owner of any such animal or pet to receive the
demand by registered or certified mail provided for in this Code
section shall not render the licensed veterinarian or operator of a
facility liable to the owner of such animal or pet for the disposal
thereof in any manner provided in this Code section.
Section 2. Said part is further amended by adding at the end
thereof a new Code section to read as follows:
44-14-494. It shall not constitute a violation of Code Section 16-
12-4, relating to cruelty to animals, if a licensed veterinarian or an
operator of a facility for boarding animals or pets disposes of an
animal or pet as provided in Code Section 44-14-491.
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 15,1984.
GEORGIA LAWS 1984 SESSION
575
DISPOSITION OF UNCLAIMED PROPERTY
ACT AMENDED.
Code Title 44, Chapter 12 Amended.
No. 902 (Senate Bill No. 445).
AN ACT
To amend Article 5 of Chapter 12 of Title 44 of the Official Code of
Georgia Annotated, known as the Disposition of Unclaimed Prop-
erty Act, so as to state clearly when undistributed dividends and
distributions of business associations are presumed abandoned; to
alter the amount property must be worth in certain instances; to
eliminate the requirement for the commissioner of revenue to mail
certain notices to owners; to provide for a time limit in which a claim
against the property must be filed; 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 12 of Title 44 of the Official Code
of Georgia Annotated, known as the Disposition of Unclaimed
Property Act, is amended by striking subsection (a) of Code Section
44-12-196, relating to when undistributed dividends and distribu-
tions of business associations are presumed abandoned, in its entirety
and substituting in lieu thereof a new subsection (a) to read as follows:
(a) Any stock or other certificate of ownership or any dividend,
profit, distribution, interest, payment on principal, or other sum held
or owing by a business association for or to a shareholder, certificate
holder, member, bondholder, or other securityholder or a partici-
pating patron of a cooperative who has not claimed it nor corre-
sponded in writing with the business association concerning it within
seven years after the date prescribed for payment or delivery is
presumed abandoned if:
(1) It is held or owing by a business association organized
under the laws of or created in this state; or
(2) It is held or owing by a business association which does
business in this state but is not organized under the laws of this
576
GENERAL ACTS AND RESOLUTIONS, VOL. I
state or created in this state and the records of the business
association indicate that the last known address of the person
entitled thereto is in this state.
Section 2. Said article is further amended by striking subsection
(a) of Code Section 44-12-202, relating to reports of certain aban-
doned property, with whom filed, contents, time of filing, and duty to
search for owner if whereabouts unknown, in its entirety and substi-
tuting in lieu thereof a new subsection (a) to read as follows:
(a) Every person holding funds or other property, tangible or
intangible, presumed abandoned under Code Sections 44-12-194
through 44-12-200 shall report to the state revenue commissioner
with respect to the property. The report shall be verified and shall
include:
(1) The name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of any property worth $50.00 or more which is presumed
abandoned under this article;
(2) In case of unclaimed funds of insurance corporations,
the full name of the insured, annuitant, principal, or claimant and
his last known address according to the insurance corporations
records;
(3) The nature and identifying number, if any, or a descrip-
tion of the property and the amount appearing from the records to
be due, except that items of value under $50.00 each may be
reported in aggregate;
(4) The date when the property became payable, demand-
able, or returnable and the date of the last transaction with the
owner with respect to the property; and
(5) Any other information which the state revenue commis-
sioner prescribes by rule as necessary for the administration of
this article.
Section 3. Said article is further amended by striking subsection
(a) of Code Section 44-12-203, relating to reports of abandoned
property held by banking or financial organizations, with whom filed,
time for filing, duty to search for owner if whereabouts unknown, and
GEORGIA LAWS 1984 SESSION
577
service charges, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) Every person holding funds or other property, tangible or
intangible, which is presumed abandoned under Code Section 44-12-
193 and every banking or financial organization holding funds or
other property, tangible or intangible, presumed abandoned under
Code Section 44-12-198 shall report to the state revenue commis-
sioner with respect to the property. The report shall be verified and
shall include:
(1) The name, if known, and last known address, if any, of
each person appearing from the records of the holder to be the
owner of any property worth $50.00 or more which is presumed
abandoned under Code Section 44-12-193 or 44-12-198;
(2) The date when the property became payable, demand-
able, or returnable and the date of the last transaction with the
owner with respect to the property; and
(3) Any other information which the state revenue commis-
sioner prescribes by rule as necessary for the administration of
this Code section.
Section 4. Said article is further amended by striking Code
Section 44-12-204, relating to notice and publication of lists of
abandoned property and contents, in its entirety and substituting in
lieu thereof a new Code Section 44-12-204 to read as follows:
44-12-204. (a) Within 120 days from the filing of the report
required by Code Section 44-12-202 or 44-12-203, the state revenue
commissioner shall cause notice to be published at least once each
week for two successive weeks in an English language newspaper of
general circulation in the county in this state in which is located the
last known address of any person to be named in the notice. If no
address is listed or if the address is outside of this state, the notice
shall be published in the county in which the holder of the abandoned
property has his principal place of business within this state.
(b) The published notice shall be entitled Notice of Names of
Persons Appearing to be Owners of Abandoned Property and shall
contain:
578
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) The names, in alphabetical order, and last known
addresses, if any, of persons listed in the report and entitled to
notice within the county;
(2) A statement that information concerning the amount or
description of the property and the name and address of the
holder may be obtained by any persons possessing an interest in
the property by addressing an inquiry to the state revenue com-
missioner; and
(3) A statement that, if proof of claim is not presented by
the owner to the holder and if the owners right to receive the
property is not established to the holders satisfaction within 65
days from the date of the second published notice, the abandoned
property will be placed, not later than 85 days after such publica-
tion date, in the custody of the state revenue commissioner, to
whom all further claims must thereafter be directed.
(c) The state revenue commissioner is not required to publish in
such notice any item worth less than $50.00 unless he deems such
publication to be in the public interest.
Section 5. Said article is further amended by striking Code
Section 44-12-211, relating to claims for abandoned property paid or
delivered to the state, in its entirety and substituting in lieu thereof a
new Code Section 44-12-211 to read as follows:
44-12-211. Any person claiming an interest in any property
delivered to the state under this article may file a claim to the
property or to the proceeds from the sale of the property on the form
prescribed by the state revenue commissioner, within seven years
from the date of escheatment of the property to the state revenue
commissioner.
Section 6. This Act shall become effective on July 1,1984.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
GEORGIA LAWS 1984 SESSION
579
SHERIFFS ANNUAL TRAINING REQUIREMENTS
EXEMPTIONS IN CERTAIN CASES.
Code Section 15-16-1 Amended.
No. 903 (Senate Bill No. 452).
AN ACT
To amend Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to qualifications and training requirements for
sheriffs, so as to provide for exemptions under certain circumstances
for sheriffs who are unable to comply with the annual training
requirements specified by law due to medical disability or provid-
ential cause; to provide certain procedures; to provide for a certain
exception; 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 16 of Title 15 of the Official Code of Georgia
Annotated, relating to qualifications and training requirements for
sheriffs, is amended by striking in its entirety subsection (f) of Code
Section 15-16-1 and inserting in lieu thereof a new subsection (f) to
read as follows:
(f) (1) From and after January 1, 1980, no person shall be
eligible to hold the office of sheriff unless he attends a minimum of
20 hours training annually as may be selected by the Georgia
Sheriffs Association.
(2) The basis for the minimum annual requirement of in-
service training shall be the calendar year. Sheriffs who satisfac-
torily complete the basic course of training in accordance with the
provisions of this chapter after April 1 in any calendar year shall
be excused from the minimum annual training requirement for
the calendar year during which the basic course is completed.
(3) A waiver of the requirement of minimum annual in-
service training may be granted by the Georgia Peace Officer
Standards and Training Council, in its discretion, upon the pre-
sentation of evidence by a sheriff that he was unable to complete
580
GENERAL ACTS AND RESOLUTIONS, VOL. I
such training due to medical disability, providential cause, or
other reason deemed sufficient by the council.
(4) Any person who fails to complete the minimum annual
in-service training required under this Code section shall not
perform any of the duties of sheriff involving the power of arrest
until such training shall have been successfully completed, irre-
spective of any waiver which may be granted.
Section 2. This Act shall become effective upon its approval by
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 15,1984.
LIMITATION OF ACTIONS PROVISIONS
RELATING TO RIGHTS OF PERSONS
IMPRISONED CHANGED.
Code Section 9-3-90 Amended.
No. 904 (Senate Bill No. 463).
AN ACT
To amend Code Section 9-3-90 of the Official Code of Georgia
Annotated, relating to limitations of actions accruing to minors,
persons who are legally incompetent, and persons imprisoned, so as to
change the provisions relating to persons imprisoned; to provide that
certain actions shall not be revived or extinguished; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
581
Section 1. Code Section 9-3-90 of the Official Code of Georgia
Annotated, relating to limitations of actions accruing to minors,
persons who are legally incompetent, and persons imprisoned, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 9-3-90 to read as follows:
9-3-90. (a) Minors and persons who are legally incompetent
because of mental retardation or mental illness, who are such when
the cause of action accrues, shall be entitled to the same time after
their disability is removed to bring an action as is prescribed for other
persons.
(b) No action accruing to a person imprisoned at the time of its
accrual which, prior to July 1,1984, has been barred by the provisions
of this chapter relating to limitations of actions shall be revived by
this chapter, as amended. No action accruing to a person imprisoned
at the time of its accrual which would be barred before July 1,1984, by
the provisions of this chapter, as amended, but which would not be so
barred by the provisions of this chapter in force immediately prior to
July 1,1984, shall be barred until July 1,1985.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
COSMETOLOGISTS PERSONS AUTHORIZED TO
INSTRUCT IN COSMETOLOGY AND ESTHETICS.
Code Section 43-10-14 Amended.
No. 905 (Senate Bill No. 497).
AN ACT
To amend Code Section 43-10-14 of the Official Code of Georgia
Annotated, relating to the study of cosmetology by persons at least 16
582
GENERAL ACTS AND RESOLUTIONS, VOL. I
years of age, registration of students and apprentices, fee, and regis-
tration certificate, so as to provide that a person at least 16 years of
age may learn the occupation of esthetics under a cosmetologist
holding either a master cosmetologist certificate or an esthetician
certificate under certain conditions; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-10-14 of the Official Code of Georgia
Annotated, relating to the study of cosmetology by persons at least 16
years of age, registration of students and apprentices, fee, and regis-
tration certificate, is amended by striking said Code section in its
entirety and substituting 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 either a master cosmetologist certificate or an
esthetician certificate, providing said cosmetologist has had at least
six months experience, or under an instructor 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
GEORGIA LAWS 1984 SESSION
583
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
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 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 15,1984.
PUBLIC OFFICERS AND EMPLOYEES CERTAIN
RECORDS OF STATE MERIT SYSTEM TO REMAIN
CONFIDENTIAL.
Code Section 45-20-15 Amended.
No. 906 (Senate Bill No. 315).
AN ACT
To amend Article 1 of Chapter 20 of Title 45 of the Official Code of
Georgia Annotated, relating to the merit system of personnel admin-
istration, so as to provide that certain records and materials of the
State Merit System of Personnel Administration shall be and remain
confidential; to provide definitions; to provide that certain material
and information shall not be disclosed in any judicial, administrative,
or other formal or informal proceeding; to provide exceptions; to
provide for other related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
584
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code
of Georgia Annotated, relating to the merit system of personnel
administration, is amended by adding at the end thereof a new Code
Section 45-20-15 to read as follows:
45-20-15. (a) As used in this Code section, the term:
(1) Counseling session means any discussions or meetings
between a state employee or other employee covered by the state
merit system and an official or other employee of the state merit
system which discussions or meetings are conducted under an
official program established by the commissioner.
(2) Information means any written document or material
acquired or produced as a part of a counseling session or the
contents thereof and the contents of any discussions held as a part
of a counseling session.
(3) Program means the employee relations counseling
function established by the commissioner under which a covered
employee is entitled to confidential counseling with regard to job
related problems.
(b) Except as provided in subsections (c), (d), and (e), informa-
tion received or developed by the merit system staff in performing its
counseling functions shall be maintained as confidential by the merit
system and shall not be subject to disclosure by the merit system
unless such information relates directly to proof of the possible
violation of a criminal statute.
(c) Information may be disclosed if such disclosure is autho-
rized, in writing, by all parties to the counseling session in which the
information was produced.
(d) (1) Nothing contained in this Code section shall be con-
strued to prohibit any person from disclosing any fact the knowl-
edge of which was obtained independently of a counseling session.
(2) The state merit system counselor may disclose informa-
tion obtained in a counseling session to a manager of the state
merit system for the purpose of employee counseling. Any such
GEORGIA LAWS 1984 SESSION
585
disclosure shall be confidential and the person to whom the
information is disclosed shall be subject to the restrictions con-
tained in subsection (b) of this Code section.
(e) Information received by a state merit system counselor
during a counseling session, which information indicates that unlaw-
ful activity is being conducted in the employees agency, may be
disclosed to the commissioner. The commissioner may then notify
the commissioner of any agency involved, the Governor, or the
Attorney General for appropriate action.
(f) Any hearing before the board or one of its hearing officers
regarding the dismissal of a state employee covered by the merit
system must be held in the county in which the employee is employed
unless all parties agree to another location.
Section 2. This Act shall become effective upon its approval by
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 19,1984.
HEALTH HOSPITAL AUTHORITIES kh NUMBER
AND COMPOSITION OF MEMBERS, ETC.
Code Title 31, Chapter 7 Amended.
No. 907 (Senate Bill No. 346).
AN ACT
To amend Chapter 7 of Title 31 of the Official Code of Georgia
Annotated, relating to regulation and construction of hospitals, so as
to change the provisions relating to the number of members of a
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GENERAL ACTS AND RESOLUTIONS, VOL. I
hospital authority; to provide for consideration to be given to doctors
of medicine and registered nurses with regard to appointments to fill
vacancies; to provide for state funding for medical education provided
by certain designated teaching hospitals; to provide for effective
dates; 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 regulation and construction of hospitals, is
amended by striking from Code Section 31-7-72, relating to the
creation of hospital authorities, subsection (a) thereof in its entirety
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) There is created in and for each county and municipal
corporation of the state a public body corporate and politic to be
known as the hospital authority of such county or city, which shall
consist of a board of not less than five nor more than nine members to
be appointed by the governing body of the county or municipal
corporation of the area of operation for staggered terms as specified
by resolution of the governing body. The number of members of any
hospital authority as of March 1,1984, may be increased by not more
than two additional members by the adoption of a resolution of the
members of the hospital authority, and such additional members
shall be appointed through the same process used for filling vacancies
which was in effect for such hospital authority on January 1, 1984.
Whenever an appointment to fill a vacancy on the board of any
hospital authority is made, either for an unexpired term or a full term,
consideration shall be given as to whether a licensed doctor of
medicine or registered nurse currently serves on such authority. If no
licensed doctor of medicine or registered nurse currently serves on
such authority, then consideration shall be given to the nomination
and choice of a licensed doctor of medicine or a registered nurse to fill
such vacancy. No authority created hereunder shall transact any
business or exercise any powers under this Code section until the
governing body of the area of operation shall, by proper resolution,
declare that there is need for an authority to function in such county
or municipal corporation. Copies of a resolution so adopted and any
resolution adopted by the governing body providing for filling vacan-
cies in the membership of the authority or making any changes in
membership shall be filed with the department.
GEORGIA LAWS 1984 SESSION
587
Section 2. Said chapter is further amended by striking in its
entirety Code Section 31-7-95 thereof, providing funding for medical
education provided by hospital authorities, and inserting in its place a
new Code section to read as follows:
31-7-95. (a) As used in this Code section, the term:
(.1) Designated teaching hospital means a teaching hospi-
tal operated by other than a hospital authority, which hospital
agrees to contract with the state to offer or continue to offer a
residency program approved by the American Medical Associa-
tion, which program has at least 50 residents and which hospital
operates a 24 hour, seven-day-per-week emergency room open to
the public and which hospital files a semiannual statistical report
consistent with those filed by other state-funded tertiary, neo-
natal, obstetrical centers with the Family Health Section of the
Department of Human Resources.
(1) Hospital authority means a hospital authority operat-
ing a teaching hospital which offers a residency program approved
by the American Medical Association.
(2) Resident means a physician receiving medical educa-
tion and training through a teaching hospital operated by a
hospital authority or designated teaching hospital.
(b) The General Assembly finds that the major hospital authori-
ties and designated teaching hospitals in this state provide a valuable
service benefiting the entire state by operating teaching hospitals
which provide necessary medical education and training for physi-
cians; this service is provided through residency programs offered by
these teaching hospitals. By the provision of residency programs
operated by state teaching hospitals, the state has recognized its
responsibility to fund the cost of training physicians; and it is the
purpose of this Code section to recognize that the state has a similar
responsibility when the medical education and training are provided
by teaching hospitals operated by hospital authorities or by desig-
nated teaching hospitals.
(c) For each resident receiving medical education and training
through a teaching hospital operated by a hospital authority or
designated teaching hospital, the Board of Regents of the University
System of Georgia shall pay $10,000.00 per annum to the hospital
588
GENERAL ACTS AND RESOLUTIONS, VOL. I
authority or designated teaching hospital. Such payments shall be
made based upon certifications by the hospital authorities or desig-
nated teaching hospitals to the board of regents. The board of regents
is authorized to designate the Joint Advisory Board of Family Prac-
tice to promulgate rules and regulations specifying procedures for
making the certifications provided for in this Code section and to
establish a procedure for making payments to hospital authorities
and designated teaching hospitals as provided herein.
(d) The funds necessary to carry out this Code section shall
derive from funds appropriated for such purpose to the board of
regents. In the event the funds appropriated by the General Assembly
are insufficient to fund the full amount payable to hospital authori-
ties or designated teaching hospitals under subsection (c) of this Code
section, the amount otherwise payable thereunder shall be reduced
pro rata in accordance with the funds actually appropriated for such
purpose. The local government or governments responsible for the
governance or the financial support of the hospital authority or
authorities shall provide a certified audit to the board of regents by
September 29, 1980, and on the same date yearly thereafter, which
shows clearly the exact amount of local funds contributed to the
authority during the most recent full fiscal year of operation of the
authority or authorities. No funds provided for in this Code section
shall be distributed to any hospital or hospital authority if the local
governments contribution in any year hereafter falls below the
previous years contribution as shown in the certified audit. The
board of regents shall have the authority to promulgate rules and
regulations to carry out the provisions of this Code section. As used in
this subsection, the term local funds means in kind or cash contri-
butions. The provisions of this subsection requiring certified audits of
local fund contributions and prohibiting reduction in such contribu-
tions shall not apply to any designated teaching hospital. No addi-
tional teaching hospitals will be added until such funds have been
made available for any additional teaching hospitals.
(e) Nothing in this Code section shall be construed to amend,
modify, supersede, or repeal Chapter 10 of Title 49.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without the Governors
approval, except that Section 2 of this Act shall become effective
January 1,1985.
GEORGIA LAWS 1984 SESSION
589
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
CLERKS OF SUPERIOR COURT MINIMUM
ANNUAL SALARY.
Code Section 15-6-88 Amended.
No. 908 (Senate Bill No. 351).
AN ACT
To amend Code Section 15-6-88 of the Official Code of Georgia
Annotated, relating to the minimum annual salary of clerks of the
superior courts, so as to provide that in the event the population of a
county according to the United States decennial census of 1980 or any
future such census is less than its population according to the United
States decennial census of 1970, the population bracket under which
any such county falls shall be determined according to the United
States decennial census of 1970 for the purposes of establishing the
minimum annual salary of 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. Code Section 15-6-88 of the Official Code of Georgia
Annotated, relating to the minimum annual salary of clerks of the
superior courts, is amended by striking said Code section in its
entirety and substituting 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
590
GENERAL ACTS AND RESOLUTIONS, VOL. I
population of the county in which he serves, as determined by the
United States decennial census of 1980 or any future such census;
provided, however, that in the event the population of a county
according to the United States decennial census of 1980 or any future
such census is less than its population according to the United States
decennial census of 1970, the population bracket under which any
such county falls for the purposes of this Code section shall be
determined according to the United States decennial census of 1970.
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 ||j 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 19,1984.
GEORGIA LAWS 1984 SESSION
591
LIMITATION ON IMPOSITION BY MUNICIPALITIES
AND COUNTIES OF OCCUPATIONAL OR
PROFESSIONAL TAX EXTENDED TO IMPOSITION
ON VETERINARIANS.
Code Section 48-13-5 Amended.
No. 909 (Senate Bill No. 366).
AN ACT
To amend Code Section 48-13-5 of the Official Code of Georgia
Annotated, relating to the limitation on county and municipal license,
occupational, or professional tax on certain occupations and profes-
sions, so as to provide that such limitation shall apply to the practice
of veterinary medicine; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-13-5 of the Official Code of Georgia
Annotated, relating to the limitation on county and municipal license,
occupational, or professional tax on certain occupations and profes-
sions, is amended by striking subsection (a) in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) No municipality or county shall levy or collect any license,
occupation, or professional tax upon practitioners of law, medicine,
osteopathy, chiropractic, podiatry, dentistry, optometry, applied psy-
chology, veterinary medicine, landscape architecture, land surveying,
massage and physiotherapy, public accounting, embalming, funeral
directing, civil, mechanical, hydraulic, or electrical engineering, or
architecture, except at the place where the practitioner maintains his
principal office. No such levy shall exceed the sum of $200.00 per year
or shall be assessed upon or collected from any practitioner whose
office is maintained by and who is employed in practice exclusively by
the United States, the state, a municipality or county of the state, or
instrumentalities of the United States, the state, or a municipality or
county of the state.
592
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
PENAL INSTITUTIONS LIABILITY AT LAW OF
COMMUNITY SERVICE OFFICER PARTICIPATING
IN COMMUNITY SERVICE PROGRAM.
Code Section 42-8-71 Amended.
No. 910 (Senate Bill No. 447).
AN ACT
To amend Code Section 42-8-71 of the Official Code of Georgia
Annotated, relating to the participation of probationers in commu-
nity service programs, so as to limit the liability of any agency or
community service officer who participates in a community service
program; to 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 42-8-71 of the Official Code of Georgia
Annotated, relating to the participation of probationers in commu-
nity service programs, is amended by adding at the end thereof a new
subsection (d) to read as follows:
(d) No agency or community service officer shall be liable at
law as a result of any of his acts performed while participating in a
community service program. This limitation of liability does not
apply to actions on the part of any agency or community service
officer which constitute gross negligence, recklessness, or willful
misconduct.
GEORGIA LAWS 1984 SESSION
593
Section 2. This Act shall become effective upon its approval by
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 19,1984.
PENAL INSTITUTIONS POSSESSION OF
CONTRABAND OR FORBIDDEN SUBSTANCES BY
INMATE FELONY.
Code Section 42-5-18 Amended.
No. 911 (Senate Bill No. 448).
AN ACT
To amend Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to correctional institutions of state and counties,
so as to provide that any violation of Code Section 42-5-18 shall
constitute a felony regardless of the amount of contraband given; to
provide that receipt of contraband by an inmate shall constitute a
felony; 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 42 of the Official Code of Georgia
Annotated, relating to correctional institutions of state and counties,
is amended by striking Code Section 42-5-18 in its entirety and
inserting in lieu thereof a new Code Section 42-5-18 to read as follows:
42-5-18. (a) It shall be unlawful for any person to obtain, to
procure for, or to give to an inmate a gun, pistol, or any other weapon,
any intoxicating liquor, amphetamines, biphetamines, or any other
594
GENERAL ACTS AND RESOLUTIONS, VOL. I
hallucinogenic drugs or other drugs, regardless of the amount, or any
other article or item, without the knowledge and consent of the
warden, superintendent, or his designated representative.
(b) Any inmate found to be in possession of a gun, pistol, or any
other weapon, any intoxicating liquor, amphetamines, biphetamines,
or any other hallucinogenic drugs or other drugs, regardless of the
amount, or any other item given to said inmate in violation of
subsection (a) of this Code section shall be prosecuted as set forth in
Code Section 42-5-19.
Section 2. This Act shall become effective upon its approval by
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 19,1984.
MENTAL HEALTH ALCOHOLICS, ETC.
RELEASE OF CLINICAL RECORDS.
Code Section 37-7-166 Amended.
No. 912 (Senate Bill No. 455).
AN ACT
To amend Code Section 37-7-166 of the Official Code of Georgia
Annotated, relating to maintenance, confidentiality, and release of
clinical records, so as to change certain conditions regarding the
release of clinical records; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
595
Section 1. Code Section 37-7-166 of the Official Code of
Georgia Annotated, relating to maintenance, confidentiality, and
release of clinical records, is amended by striking paragraph (8) of
subsection (a) thereof in its entirety and inserting in its place a new
paragraph (8) to read as follows:
(8) Except for matters privileged under the laws of this state,
the record shall be produced in response to a court order issued by a
court of competent jurisdiction pursuant to a full and fair show cause
hearing;.
Section 2. This Act shall become effective upon its approval by
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 19,1984.
ARCHITECTS ADDITIONAL METHOD FOR
APPLICANTS TO QUALIFY FOR EXAMINATION.
Code Section 43-4-11 Amended.
No. 913 (Senate Bill No. 535).
AN ACT
To amend Code Section 43-4-11 of the Official Code of Georgia
Annotated, relating to qualifications of applicants for examination
for certification as architects, so as to provide an additional method
by which an applicant may qualify for examination; to provide for
related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
596
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 43-4-11 of the Official Code of Georgia
Annotated, relating to qualifications of applicants for examination
for certification as architects, is amended by striking from the end of
paragraph (1) of subsection (b) the word or, by replacing the period
at the end of paragraph (2) of subsection (b) with the symbol and
word or, and by adding a new paragraph (3) of subsection (b) to
read as follows:
(3) A bachelors degree in architectural engineering technology
from a school or college in this state approved by the Accrediting
Board for Engineering and Technology, or any other bachelors
degree with a substantial concentration in architecture approved by
the board from a board approved school or college in this state, and at
least six years of practical experience as the board, by regulations
uniformly applied, shall deem appropriate.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
EDUCATION CAMPUS POLICEMEN
DEFINITION OF CAMPUS CHANGED.
Code Section 20-8-1 Amended.
No. 914 (Senate Bill No. 537).
AN ACT
To amend Code Section 20-8-1 of the Official Code of Georgia
Annotated, relating to definitions with respect to campus policemen,
so as to change the definition of the term campus; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
597
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 20-8-1 of the Official Code of Georgia
Annotated, relating to definitions with respect to campus policemen,
is amended by striking paragraph (1) in its entirety and inserting in
lieu thereof a new paragraph (1) to read as follows:
(1) Campus means the grounds and buildings owned or occu-
pied by a college or university or the grounds and buildings of a school
or training facility operated by or under the authority of the State
Board of Education. The term campus shall also include any public
or private property within 500 yards of the property of an educational
facility and one-quarter mile of any public street or public sidewalk
connecting different buildings of the same educational facility when
the property or buildings of the educational facility are located within
any county in this state having a population of 400,000 or more
according to the United States decennial census of 1970 or any future
such census.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
CIVIL PRACTICE RECOMMENCEMENT OF
ACTION DISMISSED FOR WANT OF PROSECUTION.
Code Title 9, Chapters 2 and 11 Amended.
No. 915 (House Bill No. 431).
AN ACT
To amend Title 9 of the Official Code of Georgia Annotated,
598
GENERAL ACTS AND RESOLUTIONS, VOL. I
relating to civil procedure, so as to provide that when an action is
dismissed for want of prosecution the plaintiff may within six months
recommence the action upon the same footing as to limitation as the
original 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. Title 9 of the Official Code of Georgia Annotated,
relating to civil procedure, is amended by striking Code Section 9-2-
60, relating to dismissals for want of prosecution, and inserting in its
place a new Code section to read as follows:
9-2-60. (a) For the purposes of this Code section, an order of
continuance will be deemed an order and the word proceedings shall
be held to include, but shall not be limited to, an appeal from an
award of assessors or a special master in a condemnation proceeding.
(b) Any action or other proceeding filed in any of the courts of
this state in which no written order is taken for a period of five years
shall automatically stand dismissed with costs to be taxed against the
party plaintiff.
(c) When an action is dismissed under this Code section, if the
plaintiff recommences the action within six months following the
dismissal then the renewed action shall stand upon the same footing,
as to limitation, with the original action.
Section 2. Said title is further amended by striking subsection
(e) of Code Section 9-11-41, relating to dismissal of actions, and
inserting in its place a new subsection to read as follows:
(e) Any action in which no written order is taken for a period of
five years shall automatically stand dismissed, with costs to be taxed
against the party plaintiff. For the purposes of this Code section, an
order of continuance will be deemed an order. When an action is
dismissed under this subsection, if the plaintiff recommences the
action within six months following the dismissal then the renewed
action shall stand upon the same footing, as to limitation, with the
original action.
GEORGIA LAWS 1984 SESSION
599
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 19,1984.
APPEAL AND ERROR APPEALABLE
JUDGMENTS APPLICATION REQUIRED IN
CERTAIN CASES.
Code Title 5, Chapter 6 Amended.
No. 916 (House Bill No. 877).
AN ACT
To amend Article 2 of Chapter 6 of Title 5 of the Official Code of
Georgia Annotated, relating to appellate practice generally, so as to
delete certain judgments and rulings deemed directly appealable; to
provide additional cases in which an application shall be filed before
an appeal is permitted; 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 5 of the Official Code of
Georgia Annotated, relating to appellate practice generally, is
amended by striking in its entirety subsection (a) of Code Section 5-6-
34, relating to judgments and rulings deemed directly appealable, and
inserting in its place a new subsection (a) to read as follows:
(a) Appeals may be taken to the Supreme Court and the Court
of Appeals from the following judgments and rulings of the superior
courts, the constitutional city courts, and such other courts or tribu-
600
GENERAL ACTS AND RESOLUTIONS, VOL. I
nals from which appeals are authorized by the Constitution and laws
of this state:
(1) All final judgments, that is to say, where the case is no
longer pending in the court below, except as provided in Code
Section 5-6-35;
(2) All judgments involving applications for discharge in
bail trover and contempt cases;
(3) All judgments or orders directing that an accounting be
had;
(4) All judgments or orders granting or refusing applica-
tions for receivers or for interlocutory or final injunctions;
(5) All judgments or orders granting or refusing applica-
tions for attachment against fraudulent debtors;
(6) All judgments or orders granting or refusing to grant
mandamus or any other extraordinary remedy, except with
respect to temporary restraining orders;
(7) All judgments or orders refusing applications for disso-
lution of corporations created by the superior courts; and
(8) All judgments or orders sustaining motions to dismiss a
caveat to the probate of a will,
Section 2. Said article is further amended by striking in its
entirety subsection (a) of Code Section 5-6-35, relating to cases in
which an application for appeal is required, and inserting in its place a
new subsection (a) to read as follows:
(a) Appeals in the following cases shall be taken as provided in
this Code section:
(1) Appeals from decisions of the superior courts reviewing
decisions of the State Board of Workers Compensation, the State
Board of Education, auditors, state and local administrative agen-
cies, and lower courts by certiorari or de novo proceedings; pro-
vided, however, that this provision shall not apply to decisions of
the Public Service Commission and probate courts and to cases
involving ad valorem taxes and condemnations;
GEORGIA LAWS 1984 SESSION
601
(2) Appeals from judgments or orders in divorce, alimony,
child custody, and other domestic relations cases including, but
not limited to, granting or refusing a divorce or temporary or
permanent alimony, awarding or refusing to change child custody,
or holding or declining to hold persons in contempt of such
alimony or child custody judgment or orders;
(3) Appeals from cases involving distress or dispossessory
warrants in which the only issue to be resolved is the amount of
rent due and such amount is $2,500.00 or less;
(4) Appeals from cases involving garnishment or attach-
ment, except as provided in paragraph (5) of subsection (a) of
Code Section 5-6-34;
(5) Appeals from orders revoking probation;
(6) Appeals in all actions for damages in which the
judgment is $2,500.00 or less;
(7) Appeals, when separate from an original appeal, from
the denial of an extraordinary motion for new trial;
(8) Appeals from orders under subsection (d) of Code Sec-
tion 9-11-60 denying a motion to set aside a judgment or under
subsection (e) of Code Section 9-11-60 denying relief upon a
complaint in equity to set aside a judgment; and
(9) Appeals from orders granting or denying temporary
restraining orders.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
602
GENERAL ACTS AND RESOLUTIONS, VOL. I
GENERAL ASSEMBLY HOUR OF MEETING.
Code Section 28-1-2 Amended.
No. 917 (House Bill No. 891).
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, so as to change the provisions relating to the hour of
meeting of the General Assembly; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 1 of Title 28 of the Official Code of Georgia
Annotated, relating to general provisions relative to the General
Assembly, is amended by striking Code Section 28-1-2, relating to the
time and place of meetings of the General Assembly, in its entirety
and inserting in lieu thereof a new Code Section 28-1-2 to read as
follows:
28-1-2. The meetings of the General Assembly shall be held as
prescribed in Article III, Section IV, Paragraph I of the Constitution
of Georgia. The Senate shall convene daily at 10:00 A.M. unless
otherwise ordered by the Senate. The House shall convene daily at
10:00 A.M. unless otherwise ordered by the House. The General
Assembly shall meet at the state capitol.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
GEORGIA LAWS 1984 SESSION
603
MOTOR VEHICLES TRANSFER OF REGISTRATION
BY PURCHASER TIME.
Code Section 40-2-20 Amended.
No. 918 (House Bill No. 931).
AN ACT
To amend Code Section 40-2-20 of the Official Code of Georgia
Annotated, relating to the registration and licensure of motor vehi-
cles, so as to require that the purchaser of a used motor vehicle for
which there is an existing registration transfer the registration within
twenty-one days of the date of purchase; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-2-20 of the Official Code of Georgia
Annotated, relating to the registration and licensure of motor vehi-
cles, is amended by striking therefrom subsection (a) which reads as
follows:
(a) Except as provided in subsection (b) of this Code section,
every owner of a motor vehicle, including a tractor or motorcycle, and
every owner of a trailer shall, on or before April 1 in each year, before
he shall operate such motor vehicle or trailer, or within seven days
following the purchase of a new or unregistered motor vehicle or
trailer, register such vehicle as provided in this chapter, and obtain a
license to operate it for the ensuing year.,
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Except as provided in subsection (b) of this Code section,
every owner of a motor vehicle, including a tractor or motorcycle, and
every owner of a trailer shall, on or before April 1 in each year, before
he shall operate such motor vehicle or trailer, register such vehicle as
provided in this chapter, and obtain a license to operate it for the
ensuing year. The purchaser of every new or unregistered motor
vehicle, including tractors and motorcycles, or trailer shall, within
seven days, register such vehicle as provided in this chapter and
obtain a license to operate it for the ensuing year. The purchaser of
604
GENERAL ACTS AND RESOLUTIONS, VOL. I
every used motor vehicle, including tractors and motorcycles, or
trailer which is currently registered shall, within twenty-one days,
transfer such registration as provided in Code Section 40-2-39.
Section 2. This Act shall become effective upon its approval by
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 19,1984.
PENAL INSTITUTIONS ASSIGNMENT OF
MISDEMEANOR OFFENDERS TO PLACE OF
CONFINEMENT.
Code Section 42-5-51 Amended.
No. 919 (House Bill No. 934).
AN ACT
To amend Code Section 42-5-51 of the Official Code of Georgia
Annotated, relating to the jurisdiction of the Department of Offender
Rehabilitation over certain misdemeanor offenders, designation of
place of confinement of inmates, and reimbursement of county for
incarceration of inmates awaiting transfer to the department, so as to
change the provisions relating to the assignment by the commissioner
of offender rehabilitation or the Board of Offender Rehabilitation of
male or female inmates to county jails; to 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 42-5-51 of the Official Code of Georgia
Annotated, relating to the jurisdiction of the Department of Offender
GEORGIA LAWS 1984 SESSION
605
Rehabilitation over certain misdemeanor offenders, designation of
place of confinement of inmates, and reimbursement of county for
incarceration of inmates awaiting transfer to the department, is
amended by striking subsection (d) in its entirety and substituting in
lieu thereof a new subsection (d) to read as follows:
(d) Notwithstanding any language in the sentence as passed by
the court, the commissioner may designate as a place of confinement
any available, suitable, and appropriate state or county correctional
institution in this state operated under the jurisdiction or supervision
of the department. The commissioner shall also have sole authority to
transfer inmates from one state or county correctional institution in
this state to any other such institution operated by or under the
jurisdiction or supervision of or approved by the board. Neither male
or female state inmates shall be assigned to serve in any manner in a
county jail unless they are participating in a state sponsored project
and have the approval of the commissioner of the Department of
Offender Rehabilitation and the sheriff or the jail administrator of
the county. Furthermore, the commissioner may transfer to the
Attorney General of the United States for confinement any inmate if
it is determined that the custody, care, treatment, training, or reha-
bilitation of the inmate has not been adequate or in the best interest
of the inmate or his fellow inmates. The commissioner is authorized to
contract with the Attorney General of the United States for the
custody, care, subsistence, housing, treatment, training, and rehabili-
tation of such inmates.
Section 2. This Act shall become effective upon its approval by
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 19,1984.
606
GENERAL ACTS AND RESOLUTIONS, VOL. I
ALIMONY AND CHILD SUPPORT* PETITIONS
FOR MODIFICATION OF ORDERS TIME
OF FILING.
Code Section 19-6-19 Amended.
No. 920 (House Bill No. 980).
AN ACT
To amend Code Section 19-6-19 of the Official Code of Georgia
Annotated, relating to revision of a judgment for permanent alimony
or child support, so as to provide that no petition may be filed by
either former spouse within a period of two years from the date of the
final order on a previous petition by the same former spouse; to
provide for the awarding of attorneys fees, costs, and expenses in
proceedings for modification of alimony; to provide for applicability;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 19-6-19 of the Official Code of Georgia
Annotated, relating to revision of a judgment for permanent alimony
or child support, is amended by striking subsection (a) in its entirety
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) The judgment of a court providing permanent alimony for
the support of a spouse rendered on or after July 1, 1977, shall be
subject to revision upon petition filed by either former spouse
showing a change in the income and financial status of either former
spouse. The judgment of a court providing permanent alimony for the
support of a child or children rendered on or after July 1,1977, shall
be subject to revision upon petition filed by either former spouse
showing a change in the income and financial status of the former
spouse liable for such alimony. In either case a petition shall be filed
and returnable under the same rules of procedure applicable to
divorce proceedings. No petition may be filed by either former spouse
under this subsection within a period of two years from the date of the
final order on a previous petition by the same former spouse. After
hearing both parties and the evidence, the jury, or the judge where a
GEORGIA LAWS 1984 SESSION
607
jury is not demanded by either party, may modify and revise the
previous judgment, in accordance with the changed income and
financial status of either former spouse in the case of permanent
alimony for the support of a former spouse, or in accordance with the
changed income and financial status of the former spouse liable for
such alimony in the case of permanent alimony for the support of a
child or children, if such a change in the income and financial status is
satisfactorily proved so as to warrant the modification and revision.
In the hearing upon a petition filed as provided in this subsection,
testimony may be given and evidence introduced relative to the
income and financial status of either former spouse.
Section 2. Said Code section is further amended by adding a new
subsection (d) to read as follows:
(d) In proceedings for the modification of alimony for the
support of a spouse or child pursuant to the provisions of this Code
section, the court may award attorneys fees, costs, and expenses of
litigation to the prevailing party as the interests of justice may
require.
Section 3. This Act shall become effective July 1, 1984. The
provisions of Section 1 of this Act shall apply to judgments providing
permanent alimony for the support of a spouse rendered on or after
July 1,1984, and to judgments providing permanent alimony for the
support of a child or children rendered on or after July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
608
GENERAL ACTS AND RESOLUTIONS, VOL. I
GENERAL ASSEMBLY FINANCIAL AFFAIRS
TIME FOR FILING CLAIMS AGAINST STATE.
Code Title 28, Chapter 5 Amended.
No. 921 (House Bill No. 999).
AN ACT
To amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official
Code of Georgia Annotated, relating to claims against the state or
departments or agencies of the state, so as to delete certain obsolete
provisions regarding the filing of claims arising prior to November 1,
1982, with the Claims Advisory Board; to provide for a time limitation
on filing claims against the state; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 4 of Chapter 5 of Title 28 of the
Official Code of Georgia Annotated, relating to claims against the
state or departments or agencies of the state, is amended by striking
subsection (g) of Code Section 28-5-85, relating to the filing of claims
with the Claims Advisory Board, and inserting in lieu thereof a new
subsection (g) to read as follows:
(g) The provisions of this Code section shall apply to any claim
against the state in the amount of $500.00 or less if the date of the
occurrence giving rise to such claim was prior to November 1,1982.
After November 1,1982, the General Assembly shall not consider any
compensation resolution for a claim against the state if the amount of
the claim is $500.00 or less, and the provisions of this Code section
shall be the exclusive method for making such claims against the
state.
Section 2. Said part is further amended by adding a new Code
Section 28-5-86 to read as follows:
28-5-86. No claim or resolution for the payment of compensation
under this part shall be considered by the board or the General
Assembly unless notice of claim has been filed with the board within
two years after the date of the event giving rise to the claim.
GEORGIA LAWS 1984 SESSION
609
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
MOTOR VEHICLE REGISTRATION RETURN OR
PAYMENT OF CERTAIN FEDERAL TAXES
PREREQUISITE TO ISSUANCE OF CERTAIN
REGISTRATIONS.
Code Section 40-2-25 Amended.
No. 922 (House Bill No. 1009).
AN ACT
To amend Code Section 40-2-25 of the Official Code of Georgia
Annotated, relating to applications for motor vehicle registrations, so
as to provide for legislative declarations; to require that certain
federal taxes shall be paid or certain federal tax returns shall be filed
prior to the issuance of certain vehicle registrations; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly declares that it is the purpose
of this Act to ensure that this state receives its full apportionment of
federal-aid highway funds and to enable the state revenue commis-
sioner and his officers, agents, and employees to comply with the
requirements of the federal government in order for this state to
receive all possible federal aid and assistance in the construction and
maintenance of the public roads of Georgia.
Section 2. Code Section 40-2-25 of the Official Code of Georgia
Annotated, relating to applications for motor vehicle registrations, is
amended by adding at the end thereof the following:
610
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) (1) As used in this subsection, the term heavy vehicle tax
means that tax imposed by Subchapter D of Chapter 36 of the
Internal Revenue Code of 1954.
(2) On or after September 30, 1984, no vehicle registration
or renewal thereof shall be issued to any motor vehicle subject to
the heavy vehicle tax unless the owner of the motor vehicle
provides satisfactory proof that the heavy vehicle tax has been
paid for the federal tax year during which the application for
registration or renewal thereof is made or that a heavy motor
vehicle tax return has been filed with the United States Internal
Revenue Service for the federal tax year during which the applica-
tion for registration or renewal thereof is made.
(3) The commissioner is authorized to promulgate rules and
regulations consistent with paragraph (2) of this subsection which
are necessary to ensure that the state complies with the require-
ments of the Surface Transportation Assistance Act of 1982,
Section 143,23 U.S.C. Section 141d.
(4) The requirements of this subsection are in addition to
any requirements of this Code relative to the registration of motor
vehicles.
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 19,1984.
GEORGIA LAWS 1984 SESSION
611
PHYSICIANS ASSISTANTS 0 CONTENTS OF
APPLICATION FOR APPROVAL OF USE.
Code Section 43-34-103 Amended.
No. 923 (House Bill No. 1027).
AN ACT
To amend Code Section 43-34-103 of the Official Code of Georgia
Annotated, relating to physicians assistants, generally, so as to
require that an application for approval to use a physicians assistant
shall include evidence that the person who is to be used as a
physicians assistant has achieved a satisfactory score on an appropri-
ate examination outlined, approved, or administered by the Compos-
ite State Board of Medical Examiners; to provide for temporary
certifications; to 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 43-34-103 of the Official Code of
Georgia Annotated, relating to physicians assistants, generally, is
amended by striking paragraph (2) of subsection (a) of said Code
section in its entirety and inserting in lieu thereof a new paragraph (2)
to read as follows:
(2) Evidence of his competency in a health care area related to
his job description which, as a minimum, shall include:
(A) Evidence of satisfactory completion of a training pro-
gram approved by the board. If the applicant is not a graduate of
an accredited school approved by the board, he shall be required
to receive board approved refresher training and testing;
(B) A finding by the board approved evaluation agency that
the proposed physicians assistant is qualified to perform the tasks
described in the job description; and
(C) Evidence that the person who is to be used as a physi-
cians assistant has achieved a satisfactory score on an appropriate
612
GENERAL ACTS AND RESOLUTIONS, VOL. I
examination outlined, approved, or administered by the board.
The board may issue a permit of temporary certification to any
applicant who has satisfied the provisions of subparagraphs (A)
and (B) of this paragraph and who is an applicant for the next
available board approved or administered examination or who has
completed this examination and is awaiting the results of such
examination. The permit of temporary certification shall expire
upon notification of the applicants failure to achieve a satisfac-
tory score on the board approved or administered examination;.
Section 2. This Act shall become effective September 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
DOMICILE OF MINORS HOW DETERMINED.
Code Section 19-2-4 Amended.
No. 924 (House Bill No. 1054).
AN ACT
To amend Code Section 19-2-4 of the Official Code of Georgia
Annotated, relating to domicile of minors, so as to change how a minor
childs domicile is determined; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 19-2-4 of the Official Code of Georgia
Annotated, relating to domicile of minors, is amended by striking
subsection (a) thereof, which reads as follows:
GEORGIA LAWS 1984 SESSION
613
(a) The domicile of a minor child shall be that of his father,
provided that the domicile of an illegitimate minor child shall be that
of his mother. In the event that a childs parents are divorced,
separated, or widowed or that one parent is not within this state, the
childs domicile shall be that of the custodial parent.,
and inserting in its place a new subsection (a) to read as follows:
(a) If a minor childs parents are domiciled in the same county,
the domicile of that child shall be that of the parents. If a minor
childs parents are divorced, separated, or widowed, or if one parent is
not domiciled in the same county as the other parent, the childs
domicile shall be that of the custodial parent. The domicile of an
illegitimate minor child shall be that of the childs mother.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT
ACT AMENDED DEFINITION OF STATE
ENLARGED.
Code Section 19-11-42 Amended.
No. 925 (House Bill No. 1185).
AN ACT
To amend Code Section 19-11-42 of the Official Code of Georgia
Annotated, relating to definitions of terms used in the Uniform
Reciprocal Enforcement of Support Act, so as to enlarge the defini-
tion of the term state and thereby provide that foreign jurisdictions
will be included within the reciprocal law in order that petitions may
be entertained from such when reciprocity is granted to this state; to
614
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 19-11-42 of the Official Code of
Georgia Annotated, relating to definitions of terms used in the
Uniform Reciprocal Enforcement of Support Act, is amended by
striking subparagraph (A) of paragraph (10) and inserting in its place
a new subparagraph to read as follows:
(A) The District of Columbia and any state, territory, or pos-
session of the United States or any foreign jurisdiction in which this
article or a substantially similar reciprocal law has been enacted;
and.
Section 2. This Act shall become effective upon its approval by
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 19,1984.
DRIVERS LICENSES SUSPENSION OF LICENSE
FOR CONVICTION OF D.U.I. IN ANOTHER STATE.
Code Section 40-5-52 Amended.
No. 926 (House Bill No. 1200).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, so as to provide for suspen-
sion of a drivers license for conviction in another state of driving
GEORGIA LAWS 1984 SESSION
615
under the influence of alcohol or 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 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, is amended by striking in its
entirety Code Section 40-5-52, relating to suspension of license or
operating privilege for conduct in another state, and inserting in lieu
thereof a new Code Section 40-5-52 to read as follows:
40-5-52. (a) The department shall suspend the license of any
resident of this state and may suspend a nonresidents operating
privilege, upon receiving notice of his conviction in another state of an
offense described in Code Section 40-5-54 or Code Section 40-6-391.
(b) The department is authorized to suspend or revoke the
license of any resident or the operating privilege of any nonresident
upon receiving notice of the conviction of such person in another state
of an offense other than those described in Code Section 40-5-54 or
Code Section 40-6-391 which, if committed in this state, would be
grounds for the suspension or revocation of a drivers license.
(c) The department may give such effect to the conduct of a
resident in another state as is provided by the laws of this state had
such conduct occurred in this state.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
616
GENERAL ACTS AND RESOLUTIONS, VOL. I
COURTS COMPENSATION OF BAILIFFS.
Code Section 15-12-7 Amended.
No. 927 (House Bill No. 1314).
AN ACT
To amend Code Section 15-12-7 of the Official Code of Georgia
Annotated, relating to compensation of court bailiffs, so as to change
the provisions relative to such 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 15-12-7 of the Official Code of Georgia
Annotated, relating to compensation of court bailiffs, is amended by
striking said Code section in its entirety and substituting in lieu
thereof a new Code Section 15-12-7 to read as follows:
15-12-7. The first grand jury impaneled at the fall term of the
superior courts of the several counties shall fix:
(1) The compensation of court bailiffs in the superior courts
of such counties for the next succeeding year, such compensation
not to be less than $5.00 nor to exceed $50.00 per diem. The same
compensation shall be allowed to bailiffs of the several state courts
and special courts as is allowed bailiffs in the superior court of the
county in which the state or special court is located; and
(2) An expense allowance for jurors in the superior courts of
such counties for the next succeeding year, such expense allow-
ance not to be less than $5.00 nor to exceed $25.00 per diem. The
same expense allowance shall be allowed to jurors of the several
state courts and special courts as is allowed jurors in the superior
court of the county in which the state or special court is located.
The expense allowance of tales jurors shall be the same as that of a
regularly drawn trial juror. The expense allowance so authorized
by the grand jury shall be authorized also for grand jurors.
GEORGIA LAWS 1984 SESSION
617
Section 2. This Act shall become effective upon its approval by
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 19,1984.
SUPERIOR COURTS FEES OF CLERKS IN
CERTAIN COUNTIES (350,000 OR MORE).
Code Section 15-6-77.3 Enacted.
No. 928 (House Bill No. 501).
AN ACT
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of
Georgia Annotated, relating to clerks of superior courts, so as to
provide for certain fees of said clerks in all counties of this state
having a population within the unincorporated areas thereof of
350,000 or more 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:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code
of Georgia Annotated, relating to clerks of superior courts, is
amended by adding between Code Sections 15-6-77.2 and 15-6-78 a
new Code Section 15-6-77.3 to read as follows:
15-6-77.3. (a) This Code section shall apply to all counties of
this state having a population within the unincorporated areas
thereof of 350,000 or more according to the United States decennial
census of 1980 or any future such census.
618
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In addition to the fees specified by Code Section 15-6-77, the
clerk of the superior court of counties described in subsection (a) of
this Code section shall be entitled to charge and collect an advance fee
of $25.00 on each civil and criminal appeal, and such fee shall be paid
at the time of filing the notice of appeal.
(c) In lieu of the fees specified by Code Section 15-6-77 for the
clerks services listed below, the clerk of the superior court of counties
described in subsection (a) of this Code section shall be entitled to
charge and collect the following fees for official duties performed by
the clerk in providing such services:
(1) Recording and returning to sender all
instruments pertaining to real
estate and deeds of trust or
amendments thereto, in accord-
ance with Code Section 53-12-52,
each page...............$ 5.00
(2) Recording maps or plats........... 10.00
The fee for recording maps or plats shall
include the fee required by Code
Section 47-14-51.
(3) Filing and indexing financing statements
and for stamping a copy furnished
by the second party to show the
date and place of filing for an
original or a continuation state-
ment, as provided in Code Section
11-9-403, first page....... 5.00
Each page, after the first.............50
(4) Issuing certificates of appointment and
reappointment to notaries public,
as provided by Code Section 45-7-
4.......................... 8.00
(5) Registering and filing trade names pursuant
to Code Section 10-1-490.. 25.00
GEORGIA LAWS 1984 SESSION
619
(6) Entering writ of fieri facias on general execu-
tion docket............................ 5.00
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 19,1984.
PUBLIC OFFICERS AND EMPLOYEES CONFLICTS
OF INTEREST COUNTY COMMISSIONERS
AUTHORIZED TO SELL REAL PROPERTY TO
COUNTIES, ETC.
Code Section 45-10-60 Enacted.
No. 949 (Senate Bill No. 480).
AN ACT
To amend Article 2 of Chapter 10 of Title 45 of the Official Code of
Georgia Annotated, relating to conflicts of interest on the part of
public officers and employees, so as to provide that county commis-
sioners may sell real property to their counties under certain condi-
tions; 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 2 of Chapter 10 of Title 45 of the Official Code
of Georgia Annotated, relating to conflicts of interest on the part of
public officers and employees, is amended by adding a new Part 3 to
read as follows:
620
GENERAL ACTS AND RESOLUTIONS, VOL. I
Part 3
45-10-60. Notwithstanding any other provision of general or local
law, a county commissioner or member of a board of county commis-
sioners may sell real property to the county if all of the following
conditions are met:
(1) The real property which is the subject of the sale is
adjacent to a landfill owned and operated by the county;
(2) The real property which is the subject of the sale is to be
used by the county in connection with the operation of the landfill;
(3) The sale price of the real property does not exceed the
lowest of three appraisals of the fair market value of the property
made by three appraisers appointed by the probate judge of the
county; and
(4) Disclosure of the sale is made as required by Code
Section 16-10-6.
Section 2. This Act shall become effective upon its approval by
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 20,1984.
GEORGIA LAWS 1984 SESSION
621
HIGHWAYS, BRIDGES, AND FERRIES WIDTH
OF VEHICLES WEIGHT LIMITATIONS.
Code Title 32, Chapter 6 Amended.
No. 950 (Senate Bill No. 352).
AN ACT
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to size, weight, and width of vehicles and
loads, so as to change the provisions relating to the width of vehicles
allowed on roads, streets, and highways; to establish certain weight
limitations for vehicles using the public roads of this state; to provide
definitions; to provide wheel and axle load limitations for vehicles
using the public roads of this state; to provide for the use of certain
formulas for determining these weight limitations in certain situa-
tions; to provide weight limitations on national highways; to provide
weight limitations on nonnational highways; to provide exceptions to
weight limitations; to authorize agreements with the United States
Secretary of Transportation; to provide that certain exemptions be
included in such agreements; to provide a method for computing
overweight conditions in certain situations; 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 2 of Chapter 6 of Title 32 of the Official Code
of Georgia Annotated, relating to size, weight, and width of vehicles
and loads, is amended by striking Code Section 32-6-23, relating to
the width of vehicles and loads, in its entirety and inserting 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. Buses which do not exceed
a width of 102 inches, exclusive of mirrors and accessories attached
thereto, may be operated on any street, road, or highway. Vehicles,
622
GENERAL ACTS AND RESOLUTIONS, VOL. I
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:
(1) Upon all fully limited access highways designed to
National System of Interstate and Defense Highways standards;
(2) Upon any additional road, street, or highway where the
width of the lane on which the vehicle is operating is at least 12
feet unless the governing authority having jurisdiction over the
road, street, or highway, after reviewing safety studies prepared by
the governing authority and conducting a public hearing, has
determined that the operation of such vehicles on the road, street,
or highway is not in the public interest; and
(3) Upon any additional road, street, or highway on the
State Highway System which the department determines is
appropriate to provide reasonable access requirements in compli-
ance with Public Law 97-369 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 in its
entirety Code Section 32-6-26, which reads as follows:
32-6-26. (a) (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 combina-
tion 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
GEORGIA LAWS 1984 SESSION
623
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 manufactured prior to July 1,
1978, as an individual or additional axle when determining
gross weights authorized by the formula:
W = 500 (m + 12 N + 36)
Where W = overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds,
L = distance in feet between the extreme of any
group of two or more consecutive axles, and N =
number of axles in group under consideration;
except that two consecutive sets of tandem axles may
carry a gross load of 34,000 pounds each provided the
overall distance between the first and last axles of
such consecutive 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 vehicles exceed-
ing 55 feet in length the tandem weight shall be
limited to 34,000 pounds; provided, further, that the
maximum gross weight to be allowed on a tandem axle
shall be 34,000 pounds for a vehicle or combination of
vehicles carrying a gross weight of more than 73,280
pounds. For determining gross weights on a tandem
axle, a tandem axle shall be defined as two or more
624
GENERAL ACTS AND RESOLUTIONS, VOL. I
consecutive axles whose centers may be included
between parallel vertical planes spaced more than 40
inches and not more than 96 inches apart, extending
across the full width of the vehicle.
(B) Subject to the provisions of this article, the depart-
ment is authorized, on behalf of the state, to enter into
agreements with the United States Secretary of Transporta-
tion 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 agree-
ment 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 maxi-
mum allowable gross weight or combination of axle weights
by axle grouping under the formula, 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 nontransferable, for identification purposes
and that such exemption shall terminate on April 1,1986.
(3) On a public road of a county road system, the maximum
total gross weight shall not exceed 56,000 pounds unless the
vehicle is making a pickup or delivery on such road.
(4) Notwithstanding paragraphs (1) through (3) of this sub-
section, no vehicle or combination of vehicles shall be operated
over any bridge with a posted limit which is less than the gross
weight of the vehicle and its load.
GEORGIA LAWS 1984 SESSION
625
(b) The weight limitations in this Code section, except the
limitation of paragraph (4) of subsection (a) of this Code section, may
be exceeded without a permit when operated or moved on a public
road other than one which is part of the National System of Interstate
and Defense Highways by a motor vehicle or combination of vehicles
whose axle load does not exceed 23,000 pounds and whose gross
weight does not exceed 75,000 pounds, when:
(1) Hauling forest products from the forest where cut to the
owners place of business, plant, plantation, or residence within
the county where originally cut or the adjoining county;
(2) Hauling live poultry from a farm to a processing plant
located in the same county or an adjoining county;
(3) Hauling feed from a feed mill to a farm located in the
same county or an adjoining county; or
(4) Hauling granite, either block or sawed for further pro-
cessing, from the quarry to a processing plant located in the same
county or an adjoining county.
Such vehicles or combination thereof using the public roads at
night shall be equipped with lights clearly visible for a distance of
not less than 300 feet from the front and rear of the vehicle.,
and inserting in lieu thereof a new Code Section 32-6-26 to read as
follows:
32-6-26. (a) As used in this Code section, the term:
(1) Federal bridge formulameans:
W = 500 (n-1 + 12 N + 36)
Where W = the overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds, L =
the distance in feet between the extreme of any group
of two or more consecutive axles, and N = the number
of axles in the group under consideration.
626
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Lift axle means any axle on any vehicle manufactured
after July 1, 1978, which axle may be raised or lowered with
respect to the horizontal plane of the vehicle.
(3) National highway means any highway which consti-
tutes a part of the National System of Interstate and Defense
Highways as used in Section 127 of Title 23 of the United States
Code.
(4) Single axle means all the wheels whose centers may be
included between two parallel transverse vertical planes 40 inches
apart.
(5) State bridge formula means:
w = 500 + 12 N + 36^
Where W = the maximum allowable gross weight of the vehi-
cle or combination of vehicles to the nearest 500
pounds, L = the distance in feet between the first and
last axles of the vehicle or combination of vehicles,
and N = the number of axles on the vehicle or combi-
nation of vehicles.
(6) Tandem axle means until April 1, 1988, two or more
consecutive axles, excluding the steering axle, which extend across
the full width of the vehicle and whose centers may be included
between parallel vertical planes spaced more than 40 inches apart
but not more than 96 inches apart.
(7) Tandem axle means, after April 1, 1988, two or more
consecutive axles, excluding the steering axle, which extend across
the full width of the vehicle and whose centers may be included
between parallel vertical planes spaced more than 40 inches apart
but not more than 216 inches apart.
(b) Except when authorized by a permit issued pursuant to Code
Section 32-6-28 and except as otherwise provided in this Code sec-
tion:
GEORGIA LAWS 1984 SESSION
627
(1) No vehicle equipped with high pressure pneumatic, solid
rubber, or cushion tires and operated upon any public road of this
state shall carry a load on any wheel which exceeds 8,000 pounds
by more than 13 percent or a load on any single axle which exceeds
16,000 pounds by more than 13 percent; and
(2) No vehicle equipped with low pressure pneumatic tires
and operated upon any public road of this state shall carry a load
on any wheel which exceeds 9,000 pounds by more than 13 percent
or a load on any single axle which exceeds 18,000 pounds by more
than 13 percent.
(c) (1) (A) On all highways within this state which are not
national highways, the maximum total gross weight autho-
rized for any vehicle and load shall not exceed 80,000 pounds;
the maximum load authorized on any single axle shall be as
provided in subsection (b) of this Code section; except as
provided in paragraph (2) of this subsection, the maximum
load on any tandem axle shall be 37,340 pounds; and subject
to subparagraph (B) and subparagraph (C) of this paragraph,
the maximum total gross weight authorized for any vehicle
and load shall be the maximum load authorized on any single
axle multiplied by the number of axles with which the vehicle
is equipped.
(B) For vehicles and loads with an actual total gross
weight between 73,280 pounds and 80,000 pounds, the maxi-
mum total gross weight authorized for the vehicle and load
shall be determined by applying the state bridge formula.
(C) For any vehicle equipped with four axles, the maxi-
mum total gross weight authorized for the vehicle and load
shall be 70,000 pounds.
(2) For vehicles and combinations of vehicles exceeding 55
feet in length, the maximum load on any tandem axle shall not
exceed 34,000 pounds. Until April 1,1988, for vehicles and combi-
nations of vehicles not exceeding 55 feet in length with an actual
total gross weight of less than 73,280 pounds, the maximum load
on any tandem axle shall be 40,680.
(3) After April 1,1988, no lift axle may be used in computing
the maximum total gross weight authorized for any vehicle or load.
628
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) (1) (A) On all highways within this state which are
national highways, except as provided in paragraph (2) of this
subsection, the maximum total gross weight authorized for
any vehicle and load shall not exceed 80,000 pounds; the
maximum load authorized on any single axle shall be as
provided in subsection (b) of this Code section; and, except as
provided in subparagraph (B) of this paragraph, the maxi-
mum overall gross weight in pounds on a group of two or more
consecutive axles shall be determined by applying the federal
bridge formula. In applying the formula, no lift axle shall be
counted as an individual or additional axle when determining
the maximum overall gross weight.
(B) Notwithstanding the provisions of subparagraph
(A) of this paragraph, the maximum load authorized on any
tandem axle shall be 34,000 pounds, and any two consecutive
sets of tandem axles may carry a gross load of 34,000 pounds
each if the overall distance between the first and last axles of
such consecutive sets of tandem axles is 36 feet or more;
however, except for vehicles and combinations of vehicles
exceeding 55 feet in length, the maximum gross weight autho-
rized 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.
(2) (A) Any vehicle registered with the Department of
Revenue prior to April 1, 1983, shall be exempt from the
provisions of paragraph (1) until April 1,1988, upon obtaining
a special permit from the department or upon being otherwise
exempt under an agreement entered into pursuant to the
provisions of subsection (e) of this Code section. This permit
shall be issued for identification purposes, shall be nontrans-
ferable, and shall be terminated on April 1,1988. For vehicles
operating on highways within this state which are national
highways under a permit issued under this paragraph, the
maximum total gross weight authorized for any vehicle and
load shall not exceed 80,000 pounds; the maximum load
authorized on any single axle shall be as provided in subsec-
tion (b) of this Code section; except as provided in subpara-
graph (B) of this paragraph, the maximum load on any
tandem axle shall be 40,680 pounds; and, except as provided
in subparagraph (C) of this paragraph, the maximum total
gross weight authorized for any vehicle and load shall be the
GEORGIA LAWS 1984 SESSION
629
maximum load authorized on any single axle multiplied by
the number of axles with which the vehicle is equipped.
(B) For vehicles or combinations of vehicles carrying a
gross weight of more than 73,280 pounds or for vehicles or
combinations of vehicles exceeding 55 feet in length, the
maximum gross weight authorized on a tandem axle shall be
34,000 pounds.
(C) For vehicles or combinations of vehicles carrying a
gross weight of more than 73,280 pounds, the maximum total
gross weight authorized for any vehicle and load shall be
determined by applying the federal bridge formula. In apply-
ing the formula, no lift axle shall be counted as an individual
or additional axle.
(3) If at any time federal law authorizes any weight greater
than that authorized by this subsection, such greater weight under
federal law shall be authorized on the national highways within
this state.
(e) (1) Subject to the provisions of this article, the department
shall be authorized, on behalf of the state, to enter into agree-
ments 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,
which agreements shall exempt certain vehicles from the require-
ments of subsection (d) of this Code section. The department
shall be authorized to take action in the name of the state to
comply with the terms of any such agreement and to promulgate
any rules and regulations necessary to ensure the departments
compliance with federal laws and to provide for the issuance of the
special permits required by this Code section.
(2) The department shall include in any agreement with the
United States Secretary of Transportation a provision which
ensures that any vehicle registered with the Department of Reve-
nue prior to April 1,1983, shall be exempt from the application of
the federal bridge formula as required by subsection (d) of this
Code section if the vehicle otherwise complies with the provisions
of paragraph (2) of subsection (d) of this Code section and obtains
a special permit from the department. The department shall also
include in any agreement with the United States Secretary of
630
GENERAL ACTS AND RESOLUTIONS, VOL. I
Transportation a provision which ensures that any lift axle may be
counted as an individual or additional axle when computing the
maximum total gross weight authorized for a vehicle and load
below 73,280 pounds as provided in subparagraph (d)(2)(A) of this
Code section.
(3) Any agreement entered into pursuant to this subsection
shall be terminated April 1,1988.
(f) On any public road of a county road system, the maximum
total gross weight of a vehicle and load shall not exceed 56,000 pounds
unless the vehicle is making a pickup or delivery on such road.
(g) (1) The weight limitations provided for in this Code sec-
tion, except the limitation in subsection (h) of this Code section,
may be exceeded on any public road within this state which is not
a national highway without a permit when the load on any single
axle does not exceed 23,000 pounds and the maximum total gross
weight of the vehicle and load does not exceed 75,000 pounds
when:
(A) Hauling forest products from the forest where cut
to the owners place of business, plant, plantation, or resi-
dence within the county where originally cut or the adjoining
county;
(B) Hauling live poultry from a farm to a processing
plant located in the same or an adjoining county;
(C) Hauling feed from a feed mill to a farm located in
the same county or an adjoining county; or
(D) Hauling granite, either block or sawed for further
processing, from the quarry to a processing plant located in
the same or an adjoining county.
(2) Any vehicle carrying a load as authorized in this subsec-
tion at night shall be equipped with lights clearly visible for a
distance of not less than 300 feet from the front and rear of the
vehicle.
(h) Notwithstanding any provision of this Code section to the
contrary, no vehicle or combination of vehicles shall be operated over
GEORGIA LAWS 1984 SESSION
631
any bridge with a posted limit which is less than the total gross weight
of the vehicle and its load.
(i) (1) Any vehicle which can be made to comply with the
requirements of this Code section by shifting the load and which is
then loaded to comply with this Code section shall not be held to
be in violation of this Code section.
(2) On all highways within this state which are not national
highways:
(A) Except as provided in subparagraph (B) of this
paragraph, for all vehicles, fines for violations of the total
gross weight limitations provided for in subsection (c) of this
Code section shall be based on the amount by which the
actual weight of the vehicle and load exceeds the allowable
maximum weight determined under subsection (c) of this
Code section.
(B) For vehicles equipped with four axles, fines for
violations of the total gross weight limitations provided for in
subsection (c) of this Code section shall be based on the
amount by which the actual weight of the vehicle and load
exceeds 70,000 pounds.
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 20,1984.
632
GENERAL ACTS AND RESOLUTIONS, VOL. I
RECOVERED STOLEN MOTOR VEHICLES
LIABILITY OF OWNER FOR STORAGE FEES
LIMITED.
Code Section 35-1-4 Amended.
No. 951 (Senate Bill No. 23).
AN ACT
To amend Code Section 35-1-4 of the Official Code of Georgia
Annotated, relating to stolen motor vehicles and the filing of reports
in connection therewith, so as to provide that the owner of a motor
vehicle which has been stolen and subsequently recovered shall not be
charged storage fees on the recovered motor vehicle until the expira-
tion of a certain period of time following notification to the owner of
the recovery of such motor vehicle; to provide for other matters
relative to the foregoing; to provide for construction relative to the
duties of the Georgia Crime Information Center; to 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 35-1-4 of the Official Code of Georgia
Annotated, relating to stolen motor vehicles and the filing of reports
in connection therewith, is amended by striking subsection (a) in its
entirety and substituting in lieu thereof a new subsection (a) to read
as follows:
(a) It shall be the duty of every law enforcement officer who
receives a report based on reliable information that any motor vehicle
has been stolen or that the license plate for such vehicle has been
stolen or lost, to report the theft or loss to the department immedi-
ately after receiving such information, unless prior thereto informa-
tion has been received of the recovery of the vehicle or plates. It shall
be the duty of any person who reports the theft of a motor vehicle to
provide the law enforcement agency to which the report of theft was
made and the department with a means of contacting the owner of the
stolen motor vehicle or the successor in interest to such owner in the
event of the recovery of the motor vehicle. The report shall be made to
the department by reporting the loss or theft to the nearest State
GEORGIA LAWS 1984 SESSION
633
Patrol post. Any law enforcement officer, upon receiving information
of the recovery of any motor vehicle or license plate which has
previously been reported as stolen or lost, shall immediately report
the recovery of the motor vehicle or plate directly to the department.
It shall be the duty of the department or the recovering law enforce-
ment agency to notify the owner or the successor in interest to the
owner within 72 hours when a previously reported stolen motor
vehicle has been recovered, and the owner or successor in interest
shall not be charged or otherwise incur any storage fee on the
recovered stolen motor vehicle until the expiration of at least 24 hours
immediately following such notification to the owner or the successor
in interest. This requirement shall be included in the rules and
regulations of the board promulgated pursuant to subsection (b) of
this Code section. If, after a reasonable attempt, the department or
the recovering law enforcement agency is unable to contact the owner
or the successor in interest to the owner, a record of such fact shall be
made and filed with the incident reports and posted in the record
required to be maintained by Code Section 17-5-50.
Section 2. Said Code section is further amended by adding at the
end thereof a new subsection (d) to read as follows:
(d) The provisions of this Code section shall not be construed
to affect the responsibilities of the Georgia Crime Information Center
as provided by paragraph (14) of Code Section 35-3-33.
Section 3. This Act shall become effective on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
634
GENERAL ACTS AND RESOLUTIONS, VOL. I
MUNICIPAL ELECTIONS AND PRIMARIES
LOSING CANDIDATES RIGHT TO A RECOUNT
1% DIFFERENCE.
Code Section 21-3-405 Amended.
No. 952 (Senate Bill No. 322).
AN ACT
To amend Code Section 21-3-405 of the Official Code of Georgia
Annotated, relating to a losing candidates right to a recount, so as to
change the percentage difference required for a recount; to 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 21-3-405 of the Official Code of
Georgia Annotated, relating to a losing candidates right to a recount,
is amended by striking said Code section in its entirety and inserting
in lieu thereof a new Code Section 21-3-405 to read as follows:
21-3-405. Whenever the difference between the number of
votes received by a candidate who has been declared nominated for an
office in a primary election or who has been declared elected to an
office in a general election and the number of votes received by any
other candidate or candidates not declared so nominated or elected
shall be not more than 1 percent of the total votes which were cast for
such office, the losing candidate within a period of five days following
certification of the election results to the governing authority shall
have the right to a recount of the votes cast if he makes a written
request for a recount. After such request, the superintendent shall
order an immediate recount of such votes to be made.
Section 2. This Act shall become effective upon its approval by
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 21,1984.
GEORGIA LAWS 1984 SESSION
635
ELECTIONS AND PRIMARIES ADVERTISEMENT
OF ADDITIONAL VOTER REGISTRATION PLACES.
Code Section 21-2-218 Amended.
No. 953 (Senate Bill No. 323).
AN ACT
To amend Code Section 21-2-218 of the Official Code of Georgia
Annotated, relating to the board of registrars and registration of
voters, so as to provide a change in the method and length of
advertisement of additional voter registration places; to 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 21-2-218 of the Official Code of
Georgia Annotated, relating to the board of registrars and registration
of voters, is amended by striking subsection (d) in its entirety and
inserting in lieu thereof a new subsection (d) to read as follows:
(d) Additional registration places must be advertised in a news-
paper of general circulation in the county or in the form of a public
service announcement on radio or television one or more times at least
three days prior to the first day for registration.
Section 2. This Act shall become effective upon its approval by
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 21,1984.
636
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS AND PRIMARIES l- HEARING BY
SECRETARY OF STATE REGARDING CANDIDATES
QUALIFICATIONS.
Code Section 21-2-5 Amended.
No. 954 (Senate Bill No. 326).
AN ACT
To amend Code Section 21-2-5 of the Official Code of Georgia
Annotated, relating to qualifications of candidates for federal and
state office, so as to provide that the Secretary of State may designate
a hearing officer for hearings regarding the qualifications of any
candidate; to 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 21-2-5 of the Official Code of Georgia
Annotated, relating to qualifications of candidates for federal and
state office, is amended by striking subsection (b) in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) The Secretary of State upon his own motion may challenge
the qualifications of any candidate. Within two days after the dead-
line for qualifying, any elector who is eligible to vote for a candidate
may challenge the qualifications of the candidate by filing a written
complaint with the Secretary of State giving the reasons why the
elector believes the candidate is not qualified to seek and hold the
public office for which he is offering. Upon his own motion or upon a
challenge being filed, the Secretary of State shall notify the candidate
in writing that his qualifications are being challenged and the reasons
therefor and shall advise the candidate that he is setting a hearing on
the matter and shall inform the candidate of the date, time, and place
of the hearing. The Secretary of State is authorized to designate any
member of his office as a hearing officer who shall be authorized to
conduct a hearing for the purpose of receiving testimony regarding
the qualifications of any candidate. The hearing officer shall report
his findings to the Secretary of State. The Secretary of State shall
determine whether the candidate is qualified to seek and hold the
public office for which he is offering.
GEORGIA LAWS 1984 SESSION
637
Section 2. This Act shall become effective upon its approval by
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 21,1984.
ELECTIONS AND PRIMARIES OFFICIALS
REQUIRED TO ISSUE CALLS FOR SPECIAL
ELECTIONS.
Code Title 21, Chapter 2 Amended.
No. 955 (Senate Bill No. 328).
AN ACT
To amend Article 14 of Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, relating to special elections and primaries, so as
to provide that the Secretary of State shall issue the call for the
special elections for United States congressional representatives and
for members of the General Assembly; to provide that the superinten-
dent of elections of each county shall issue the call for any special
elections except as otherwise provided by law; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 14 of Chapter 2 of Title 21 of the Official Code
of Georgia Annotated, relating to special elections and primaries, is
amended by striking Code Section 21-2-543, relating to special elec-
tions for United States congressional representatives, in its entirety
and inserting in lieu thereof a new Code Section 21-2-543 to read as
follows:
638
GENERAL ACTS AND RESOLUTIONS, VOL. I
21-2-543. Whenever a vacancy shall occur or exist in the office
of Representative in the United States Congress from this state the
Governor shall issue, within ten days after the occurrence of such
vacancy, a writ of election to the Secretary of State for a special
election to fill such vacancy, which election shall be held on the date
named in the writ, which shall not be less than 30 days after its
issuance. Upon receiving the writ of election from the Governor, the
Secretary of State shall then transmit the writ of election to the
superintendent of each county involved and shall publish the call of
the election.
Section 2. Said article is further amended by striking Code
Section 21-2-544, relating to special elections for members of the
General Assembly, in its entirety and inserting in lieu thereof a new
Code Section 21-2-544 to read as follows:
21-2-544. Whenever a vacancy shall occur or exist in either
house of the General Assembly during a session of the General
Assembly or whenever such vacancy shall occur or exist at a time
when the members of the General Assembly shall be required to meet,
at any time previous to the next November election, the Governor
shall issue, within ten days after the occurrence of such vacancy, or
after the calling of an extraordinary session of the General Assembly
during the existence of such vacancy, a writ of election to the
Secretary of State for a special election to fill such vacancy, which
election shall be held on the date named in the writ, which shall not be
less than 30 nor more than 60 days after its issuance. Upon receiving
the writ of election from the Governor, the Secretary of State shall
then transmit the writ of election to the superintendent of each
county involved and shall publish the call of the election. In all other
cases any such special election to fill any such vacancy shall be held if
the Governor issues his writ of election therefor. In such cases the
writ of election shall be issued to the Secretary of State who shall
transmit the writ of election to the superintendent of each county
involved and shall publish the call of the election. If a vacancy occurs
while the General Assembly is in session and the Governor elects to
issue a writ, it shall only be necessary to have one poll open in every
county involved, which shall be at the county seat, if only one
candidate has qualified for the vacant seat.
Section 3. Said article is further amended by striking Code
Section 21-2-540, relating to the manner of conduct of special elec-
tions generally, in its entirety and inserting in lieu thereof a new Code
Section 21-2-540 to read as follows:
GEORGIA LAWS 1984 SESSION
639
21-2-540. Every special election shall be held and conducted in
all respects in accordance with the provisions of this chapter relating
to general elections; and the provisions of this chapter relating to
general elections shall apply thereto insofar as practicable and as not
inconsistent with any other provisions of this chapter. All special
elections held at the time of a general election, as provided by Code
Section 21-2-541, shall be conducted by the poll officers by the use of
the same equipment and facilities, so far as practicable, as are used
for such general election. At least 29 days shall intervene between the
call of a special election and the holding of same. Except as otherwise
provided by law, the superintendent of each county shall publish the
call of the special election. Candidates in special elections shall not be
listed on the ballot according to party affiliation unless a candidate
has been nominated in a special primary, in which event such a
candidate shall have his party affiliation appear on the ballot by his
name.
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 21,1984.
PENAL INSTITUTIONS CERTAIN PERSONNEL
DESIGNATED AS CORRECTIONAL OFFICERS.
Code Title 42, Chapter 5 Amended.
No. 956 (Senate Bill No. 338).
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
640
GENERAL ACTS AND RESOLUTIONS, VOL. I
personnel employed by penal institutions, so as to provide that
certain personnel shall be designated as correctional officers; to delete
the references to guards; 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 employed by penal institutions, is amended by
striking Code Section 42-5-30, relating to qualifications of personnel,
in its entirety and substituting in lieu thereof a new Code Section 42-
5-30 to read as follows:
42-5-30. The board shall by rule and regulation define the
qualifications for wardens, superintendents, and other personnel
employed in the state and county correctional institutions. The board
shall by rule and regulation specify appropriate titles of personnel so
employed, but no such personnel shall be known as or designated by
the board as guards or prison guards. The wardens of the various
county correctional institutions shall be appointed by the governing
authority of the county, subject to approval of the board, and shall
serve at the pleasure of the county or the board.
Section 2. Said article is further amended by striking Code
Section 42-5-31, relating to oaths of office, in its entirety and substi-
tuting in lieu thereof a new Code Section 42-5-31 to read as follows:
42-5-31. Before entering upon the duties of their office, war-
dens and superintendents, their deputies, and other correctional
officers or employees shall take and subscribe, before some officer
authorized to administer oaths, the following oath:
I do solemnly swear (or affirm) that I will support and defend
the Constitutions of the United States of America and the State of
Georgia and that I will faithfully perform and discharge the duties
of my office conscientiously and without malice or partiality, to
the best of my ability. So help me God.
Section 3. Said article is further amended by striking subsection
(a) of Code Section 42-5-37, relating to restrictions on personnel in
charge of inmates, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
GEORGIA LAWS 1984 SESSION
641
(a) No warden, superintendent, deputy, inspector, physician,
or any officer or other employee who has charge, control, or direction
of inmates shall be interested in any manner whatever in the work or
profit of the labor of any inmate; nor shall any such personnel receive
any pay, gift, gratuity, or favor of a valuable character from any
person interested, either directly or indirectly, in such labor.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
EDUCATION MANNER OF FILLING VACANCIES
ON LOCAL BOARDS OF EDUCATION.
Code Section 20-2-54.1 Enacted.
No. 957 (Senate Bill No. 411).
AN ACT
To amend Article 3 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to local boards of education, so as to
provide for filling vacancies on said boards when the filling of
vacancies is not provided for by local law; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 3 of Chapter 2 of Title 20 of the Official Code
of Georgia Annotated, relating to local boards of education, is
amended by adding between Code Sections 20-2-54 and 20-2-55 a new
Code Section 20-2-54.1 to read as follows:
20-2-54.1. (a) In all instances where local laws applicable to
local boards of education do not provide otherwise, a vacancy occur-
642
GENERAL ACTS AND RESOLUTIONS, VOL. I
ring for any reason on a local board of education shall be filled as
follows:
(1) If the members of the local board of education are
elected by the voters of the local school district or by the voters
within election districts composed of portions of the local school
district:
(A) The vacancy shall be filled for the unexpired term
at a special election which shall be held on the same date as
the general election which is first held following the date of
the vacancy; and
(B) Pending the vacancy being filled by special election
pursuant to subparagraph (A) of this paragraph, the remain-
ing members of the local board of education, within 30 days
after the date of the vacancy, shall, by majority vote, elect a
person to fill the vacancy until the person elected under said
subparagraph (A) takes office; or
(2) If the members of the local board of education are
appointed by the grand jury, the remaining members of the local
board of education, by majority vote, shall elect a qualified person
to fill the vacancy until the next grand jury convenes immediately
following the occurrence of the vacancy at which time the grand
jury shall appoint a qualified person to serve for the remainder of
the unexpired term.
(b) Any person elected or appointed to fill a vacancy pursuant to
subsection (a) of this Code section shall possess the same qualifica-
tions required for election to a full term of office as provided by law
applicable to the office wherein the vacancy occurred. As applied to
special elections under subparagraph (a)(1)(A) of this Code section, if
the office wherein the vacancy occurred is filled by election of voters
within a portion of the local school district, then the special election
shall be held within that portion of the local school district, but if the
office wherein the vacancy occurred is filled by the voters within the
entire school district, then the special election shall be held within the
entire school district.
GEORGIA LAWS 1984 SESSION
643
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
EDUCATION AGE FOR BEGINNING SCHOOL.
Code Section 20-2-151 Amended.
No. 958 (Senate Bill No. 449).
AN ACT
To amend Code Section 20-2-151 of the Official Code of Georgia
Annotated, relating to the general and occupational education pro-
gram, so as to change the provisions relative to the age for beginning
school; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 20-2-151 of the Official Code of Georgia
Annotated, relating to the general and occupational education pro-
gram, is amended by striking subsection (b) in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) All children must have attained the age of six by September
1 of a fiscal year in order to be eligible for enrollment in the general
education and occupational programs provided for by this article;
provided, however, that a child who was a legal resident of one or
more other states for a period of two years immediately prior to
moving to this state and who was legally enrolled in a public kinder-
garten or first grade, or a kindergarten or first grade accredited by a
state or regional association, shall be eligible for enrollment in the
general education programs provided by this article if such child will
attain the age of five for kindergarten or six for first grade by
December 31 of the fiscal year and is otherwise qualified.
644
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
MOTOR VEHICLES AND TRAFFIC MOTORCYCLE
OPERATOR SAFETY TRAINING PROGRAM PROVIDED.
Code Title 40, Chapter 15 Enacted.
No. 959 (Senate Bill No. 450).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to provide for a motorcycle
operator safety training program; to provide for additional training
programs under certain conditions; to define certain terms; to provide
for the motorcycle safety training course; to provide for powers and
duties of the commissioner of public safety and the Department of
Public Safety; to provide for a State-wide Motorcycle Safety Coordi-
nator, his powers and duties; to provide for instructors in such
program and their training; to provide an effective date conditioned
upon adequate appropriations; 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 immedi-
ately following Chapter 14 a new Chapter 15 to read as follows:
CHAPTER 15
40-15-1. As used in this chapter, the term:
GEORGIA LAWS 1984 SESSION
645
(1) Commissioner means the commissioner of public
safety.
(2) Coordinator means the State-wide Motorcycle Safety
Coordinator provided for in Code Section 40-15-4.
(3) Department means the Department of Public Safety.
(4) Motorcycle means every motor vehicle 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.
(5) Operator means any person who drives or is in actual
physical control of a motorcycle.
(6) Program means a motorcycle operator safety training
program provided for in Code Section 40-15-2.
40-15-2. (a) (1) The department is authorized to set up,
establish, and operate a motorcycle operator safety training pro-
gram for the purpose of assisting motorcycle operators to meet the
requirements for licensed driving of motorcycles in this state.
(2) The coordinator, with the approval of the commissioner,
shall be authorized to set up, establish, and operate additional
motorcycle operator safety training programs.
(b) Any such program shall provide a 20 hour course on motorcy-
cle operator safety. The program shall be based on the Motorcycle
Safety Foundation Motorcycle Rider Course or its equivalent in
quality, utility, and merit.
(c) The department shall issue a certificate of completion to
each person who satisfactorily completes the motorcycle operator
safety training program.
40-15-3. The department is authorized to adopt, promulgate,
and establish rules and regulations for the operation of any motorcy-
cle operator safety training program; to provide for the entrance and
enrollment of students; to prescribe fees for the course; and to
prescribe the ages, requirements, and conditions under which stu-
dents may be received for instruction in any such program.
646
GENERAL ACTS AND RESOLUTIONS, VOL. I
40-15-4. (a) The commissioner shall appoint a State-wide
Motorcycle Safety Coordinator who shall carry out and enforce the
provisions of this chapter and the rules and regulations of the
department. The coordinator shall be placed in the classified service
of the state merit system.
(b) The coordinator shall also be authorized to:
(1) Promote motorcycle safety throughout the state;
(2) Provide consultation to the various departments of state
government and local political subdivisions relating to motorcycle
safety; and
(3) Do any other thing deemed necessary by the commis-
sioner to promote motorcycle safety in the state.
40-15-5. Every person who desires to qualify as an instructor in a
motorcycle operator safety training program shall meet the following
requirements:
(1) Be of good moral character;
(2) Give satisfactory performance on a written, oral, perfor-
mance, or combination examination administered by the coordi-
nator testing both knowledge of the field of motorcycle operator
education and skills necessary to instruct and impart motorcycle
driving skills and safety to students. The instructor training
program shall provide for a 50 hour course of instruction based on
the Motorcycle Safety Foundations Instructor Course or its
equivalent in quality, utility, and merit. This course of instruction
shall be held semiannually, and an examination fee prescribed by
the coordinator shall be charged;
(3) Be physically able to operate safely a motorcycle and to
instruct others in the operation of motorcycles; and
(4) Hold a valid Class 2 drivers license.
Section 2. This Act shall become effective upon adequate
appropriations being made by the Georgia General Assembly to fund
this Act.
GEORGIA LAWS 1984 SESSION
647
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
REGISTERED PROFESSIONAL SANITARIANS
CONTINUING PROFESSIONAL EDUCATION
REQUIRED FOR LICENSE RENEWAL.
Code Section 43-42-7 Amended.
No. 960 (Senate Bill No. 454).
AN ACT
To amend Chapter 42 of Title 43 of the Official Code of Georgia
Annotated, relating to registered professional sanitarians, so as to
require completion of a continuing professional education program as
a prerequisite for renewal of a license; to provide requirements for
such programs; to provide for attendance at educational conferences
of professional environmental organizations; to provide for practices
and procedures; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 42 of Title 43 of the Official Code of Georgia
Annotated, relating to registered professional sanitarians, is amended
by striking in its entirety Code Section 43-42-7, relating to renewal of
licenses generally, and inserting in lieu thereof a new Code Section 43-
42-7 to read as follows:
43-42-7. (a) The license of every person licensed under this
chapter shall be renewable biennially.
648
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) To be eligible for renewal of a license, the applicant must
have completed the number of continuing professional education
hours, not to exceed ten contact hours, as prescribed by the board
through rules and regulations. Nothing in this Code section shall
prohibit an applicant for renewal of a license from obtaining the
required number of continuing professional education hours through
a program administered by a state agency, provided that any such
continuing professional education program is approved by the head of
the state agency and the board.
(c) If the applicant has not practiced as a registered profes-
sional sanitarian for two or more years immediately prior to his or her
application for renewal, the applicant shall present, along with such
application, a validation of successful completion of a board-
approved refresher course or other specific training in environmental
control. Such course or training shall consist of such number of
continuing professional education hours, not to exceed ten contact
hours, as prescribed by the board through rules and regulations.
(d) Attendance at the educational conferences of professional
environmental organizations, such as the Georgia Environmental
Health Association, may count toward the continuing education
requirement. For prior approval, the conference program must be
submitted to the board 60 days in advance of the meeting. The board
shall publish and update as necessary a list of approved educational
conferences. Such list shall be available to registered professional
sanitarians on request. Attendance at a conference must be certified
by an officer of the organization or the conference moderator. A
sanitarian wishing to receive credit for attendance at conferences not
on the approved list must submit a program, a list of faculty, and
certification of attendance with a request for approval to the board.
Section 2. This Act shall become effective July 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
649
HEALTH PERSONAL CARE HOMES A
DEFINITION CHANGED.
Code Section 31-7-11 Amended.
No. 961 (Senate Bill No. 473).
AN ACT
To amend Code Section 31-7-11 of the Official Code of Georgia
Annotated, relating to personal care homes, as enacted by an Act
approved March 29,1983 (Ga. L. 1983, p. 1323), and redesignated as
Code Section 31-7-12 by H.B. 1155 at the 1984 regular session, so as to
change a definition; to provide for registration of personal care homes;
to provide for redesignations; to provide for ombudsman investiga-
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 31-7-11 of the Official Code of Georgia
Annotated, relating to personal care homes, as enacted by an Act
approved March 29,1983 (Ga. L. 1983, p. 1323), and redesignated as
Code Section 31-7-12 by H.B. 1155 at the 1984 regular session, is
amended by striking that Code section in its entirety, which reads as
follows:
31-7-12. (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,
county boards of health may establish inspection fees to defray part
of the costs of inspections performed for the department.,
and inserting in its place a new Code section to read as follows:
31-7-12. (a) As used in this Code section, the term personal
care home means a facility as defined in the rules of the Department
of Human Resources, Chapter 290-5-35.
650
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) All personal care homes shall be licensed as provided for in
Code Section 31-7-3, except that, in lieu of licensure, the department
may require persons who operate personal care homes with two or
three beds for nonfamily adults to comply with registration require-
ments delineated by the department. Such registration requirements
within this category shall authorize the department to promulgate
pursuant to Chapter 13 of Title 50, the Georgia Administrative
Procedure Act, reasonable standards to protect the health, safety,
and welfare of the occupants of such personal care homes.
(c) 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,
county boards of health may establish inspection fees to defray part
of the costs of inspections performed for the department.
(d) The state ombudsman or community ombudsman, on that
ombudsmans initiative or in response to complaints made or on
behalf of residents of a registered or licensed personal care home, may
conduct investigations in matters within the ombudsmans powers
and duties.
Section 2. This Act shall become effective upon its approval by
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 21,1984.
GEORGIA LAWS 1984 SESSION
651
PENAL INSTITUTIONS SALE OF INMATES
WORK PRODUCTS TO PRIVATE COLLEGES,
ETC., AUTHORIZED.
Code Section 42-5-60 Amended.
No. 962 (Senate Bill No. 545).
AN ACT
To amend Code Section 42-5-60 of the Official Code of Georgia
Annotated, relating to the promulgation of rules and regulations
governing hiring out of inmates, authority of political subdivisions to
contract for services of inmates, sale of products produced by inma-
tes, disposition of proceeds, and payment of inmates for services, so as
to authorize the sale to private colleges and universities of goods,
wares, or merchandise manufactured, produced, or mined by inmates
of any state or county correctional institution; to 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 42-5-60 of the Official Code of Georgia
Annotated, relating to the promulgation of rules and regulations
governing hiring out of inmates, authority of political subdivisions to
contract for services of inmates, sale of products produced by inma-
tes, disposition of proceeds, and payment of inmates for services, is
amended by striking subsection (b) of said Code section in its entirety
and substituting in lieu thereof a new subsection (b) of said Code
section to read as follows:
(b) No goods, wares, or merchandise which has been manufac-
tured, produced, or mined, wholly or in part, by the inmates of any
state or county correctional institution operated under the jurisdic-
tion of the board shall be sold in this state to any private person, firm,
association, or corporation, except private colleges and universities;
provided, however, that nothing in this subsection shall be construed
to forbid the sale of such goods or merchandise to other political
subdivisions, public authorities, municipalities, or agencies of the
state or local governments to be consumed by them or to agencies of
the state to be in turn sold by the agency to the public in the
652
GENERAL ACTS AND RESOLUTIONS, VOL. I
performance of the agencys duties as required by law. This subsec-
tion does not prohibit the sale of unprocessed agricultural products
produced on state property.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
PUBLIC UTILITIES LIMITATION ON
LIABILITY OF POLITICAL SUBDIVISIONS OF
STATE FROM USE OF 911 EMERGENCY
TELEPHONE SERVICE.
Code Section 46-5-131 Enacted.
No. 963 (House Bill No. 518).
AN ACT
To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official
Code of Georgia Annotated, relating to the emergency telephone
number 911 system, so as to provide that neither the state nor any
political subdivision of the state nor, except in cases of willful
misconduct, gross negligence, or bad faith, the employees, agents, or
representatives of the state or any political subdivision thereof shall
be liable for death or injury to the person or for damage to property as
a result of establishing, participating in, or carrying out duties
involved in operating the 911 emergency telephone system; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
653
Section 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the
Official Code of Georgia Annotated, relating to the emergency tele-
phone number 911 system, is amended by adding at the end thereof
a new Code Section 46-5-131 to read as follows:
46-5-131. Neither the state nor any political subdivision of the
state nor, except in cases of willful misconduct, gross negligence, or
bad faith, the employees, agents, or representatives of the state or any
political subdivision thereof shall be liable for death or injury to the
person or for damage to property as a result of establishing, partici-
pating in, or carrying out duties involved in operating the 911
emergency telephone system.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
METROPOLITAN AREA PLANNING AND
DEVELOPMENT COMMISSIONS COMPOSITION
OF MEMBERSHIP, TERMS, ETC.
Code Title 50, Chapter 8 Amended.
No. 964 (House Bill No. 790).
AN ACT
To amend Article 4 of Chapter 8 of Title 50 of the Official Code of
Georgia Annotated, relating to Metropolitan Area Planning and
Development Commissions, so as to change the composition of mem-
bership of a commission; to change the provisions relative to terms of
office of members of a commission; to repeal conflicting laws; and for
other purposes.
654
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Article 4 of Chapter 8 of Title 50 of the Official Code
of Georgia Annotated, relating to Metropolitan Area Planning and
Development Commissions, is amended by striking subsection (a) of
Code Section 50-8-84, relating to the composition of membership of a
commission, and inserting in its place a new subsection (a) to read as
follows:
(a) The members of a commission for an area shall consist of:
(1) The chairman of the board of commissioners of each
county within the area;
(2) The mayor of the most populous municipality within the
area;
(3) From each county within the area, except the most
populous county within the area, the mayor of a municipality
within such county, to be designated by majority vote of the
mayors (except the mayor of the most populous municipality
within the area) of all municipalities lying within such county;
(4) From the most populous county within the area, the
mayor of a municipality located within the northern half of such
county elected by majority vote of the mayors of all municipalities
located within the northern half of such county or the mayor of a
municipality located within the southern half of such county
elected by a majority vote of the mayors of all municipalities
located within the southern half of such county;
(5) A member of the legislative body of the most populous
municipality lying within the area chosen by majority vote of the
members of that legislative body; and
(6) That number of persons, not holding elective or
appointed public office or employed by any of the political subdi-
visions of tbe area, which shall be one less than the total number of
public members designated by paragraphs (1) through (5) of this
subsection, who shall be elected as follows:
(A) Within ten days after a commission has been acti-
vated pursuant to Code Section 50-8-82 and within 90 days
GEORGIA LAWS 1984 SESSION
655
after the publication of a subsequent United States decennial
census, the members of the General Assembly whose repre-
sentative or senatorial districts lie wholly or partially within
an area shall meet upon call by the Speaker of the House of
Representatives and the President of the Senate and shall
divide the area into the same number of districts as the
number of members at large to be elected pursuant to this
paragraph. Each district shall contain approximately the
same population; shall consist of combinations of contiguous
census tracts from the latest available United States decen-
nial census; but may cross the boundary lines of political
subdivisions; and
(B) Within ten days after the area has been so divided
into districts, the public members of a commission shall meet
upon call of the chairman of the county commission of the
most populous county within its area and elect one resident of
each district as a member of the commission.
Section 2. Said article is further amended by striking subsection
(d) of Code Section 50-8-85, relating to terms of office of members of a
commission, and inserting in its place a new subsection (d) to read as
follows:
(d) (1) Except as provided in paragraph (2) of this subsection,
upon the expiration of the term of office of a mayor of a municipal-
ity who has been designated by a majority vote of the mayors of all
municipalities lying within a county in an area, the chairman of
the board of commissioners of such county shall call a meeting of
the mayors of all municipalities lying within such county, and such
mayors shall designate a mayor from their number as a successor
member of the commission, provided that nothing herein shall
prevent an incumbent mayor who has been elected to another
term of public office from being redesignated as a member of the
commission.
(2) Upon the expiration of the term of office of the mayor of
a municipality located within the northern half of the most
populous county within an area, the chairman of the board of
commissioners shall call a meeting of the mayors of all the
municipalities located within the southern half of such county and
such mayors shall designate a mayor from their number as a
successor member of the commission. Upon the expiration of the
656
GENERAL ACTS AND RESOLUTIONS, VOL. I
term of office of the mayor of a municipality located within the
southern half of the most populous county within an area, the
chairman of the board of commissioners of such county shall call a
meeting of the mayors of all municipalities located within the
northern half of such county and such mayors shall designate a
mayor from their number as a successor member of the commis-
sion. Nothing in this paragraph shall prevent an incumbent
mayor who has been elected to another term of office as mayor
from being redesignated as a member of the commission.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
GENERAL ASSEMBLY FILLING VACANCIES IN
OFFICE OF SECRETARY OF SENATE AND
CLERK OF HOUSE.
Code Section 28-3-20 Amended.
No. 965 (House Bill No. 890).
AN ACT
To amend Code Section 28-3-20 of the Official Code of Georgia
Annotated, relating to the election and terms of office of the Secre-
tary of the Senate and Clerk of the House of Representatives, so as to
provide for filling vacancies in the offices of the Secretary of the
Senate and Clerk of the House of Representatives; to provide for
matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
657
Section 1. Code Section 28-3-20 of the Official Code of Georgia
Annotated, relating to the election and terms of office of the Secre-
tary of the Senate and Clerk of the House of Representatives, is
amended by striking said Code section in its entirety and inserting in
lieu thereof a new Code Section 28-3-20 to read as follows:
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. In the event of a vacancy in the office of Clerk of the House of
Representatives, the Speaker shall appoint a duly qualified person to
fill such vacancy. The person so appointed shall serve for the
remainder of the unexpired term. In the event of a vacancy in the
office of Secretary of the Senate, the Assistant Secretary of the Senate
shall serve as Secretary of the Senate until the next regular session.
Section 2. This Act shall become effective upon its approval by
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 21,1984.
EDUCATION LAW AUTHORIZING CHANCELLOR
OF UNIVERSITY SYSTEM TO APPEAR BEFORE
GENERAL ASSEMBLY REPEALED.
Code Section 20-3-69 Repealed.
No. 966 (House Bill No. 893).
AN ACT
To repeal Code Section 20-3-69 of the Official Code of Georgia
658
GENERAL ACTS AND RESOLUTIONS, VOL. I
Annotated, authorizing the chancellor of the University System of
Georgia to appear before the General Assembly; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 20-3-69 of the Official Code of Georgia
Annotated, authorizing the chancellor of the University System of
Georgia to appear before the General Assembly, which reads as
follows:
20-3-69. The chancellor of the university system may appear
before the General Assembly once at each session and address them in
person on the condition, interests, and wants of the system.,
is repealed in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
WILLS CONCLUSIVENESS OF PROBATE IN
COMMON FORM TIME.
Code Section 53-3-12 Amended.
No. 967 (House Bill No. 912).
AN ACT
To amend Article 1 of Chapter 3 of Title 53 of the Official Code of
Georgia Annotated, relating to probate of domestic wills, so as to
GEORGIA LAWS 1984 SESSION
659
change the periods of time within which probate in common form
becomes conclusive upon all parties in interest; to provide for an
effective date and for applicability; 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 53 of the Official Code
of Georgia Annotated, relating to probate of domestic wills, is
amended by striking Code Section 53-3-12, relating to conclusiveness
of probate in common form, and inserting in its place a new Code
section to read as follows:
53-3-12. (a) With respect to a will probated before July 1,
1984, probate in common form shall become conclusive upon all
parties in interest after the earlier of July 1,1988, or the expiration of
seven years from the time of probate except upon minor heirs at law
who require proof in solemn form and interpose a caveat within four
years after arrival at the age of majority. In such cases, if the will is
refused probate and record in solemn form, an intestacy shall be
declared only as to the minor or minors and not as to others whose
right to caveat is barred by lapse of time.
(b) With respect to a will probated on or after July 1, 1984,
probate in common form shall become conclusive upon all parties in
interest four years from the time of probate, except upon minor heirs
at law who require proof in solemn form and interpose a caveat within
four years after arrival at the age of majority. In such cases, if the will
is refused probate and record in solemn form, an intestacy shall be
declared only as to the minor or minors and not as to others whose
right to caveat is barred by lapse of time.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
660
GENERAL ACTS AND RESOLUTIONS, VOL. I
TAX SALES UNRETURNED PROPERTY
TIME OF ADVERTISEMENT.
Code Section 48-4-2 Amended.
No. 968 (House Bill No. 913).
AN ACT
To amend Article 1 of Chapter 4 of Title 48 of the Official Code of
Georgia Annotated, relating to sales under tax executions, so as to
change the period of time required for advertisement of sales of
property not returned for taxation; 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 48 of the Official Code
of Georgia Annotated, relating to sales under tax executions, is
amended by striking Code Section 48-4-2, relating to assessment and
disposition of unreturned property, and inserting in its place a new
Code section to read as follows:
48-4-2. When property which has not actually been returned by
anyone is assessed for taxes, the tax collector or tax commissioner
shall issue an execution against the property as soon as it is assessed
for the amount due and costs. The sheriff shall advertise the property
for sale in the newspaper in which sheriffs sales are advertised once a
week for four weeks before the day of sale. If the taxes are not paid by
the day of the sale, the property shall be sold, but only if renting or
hiring the property will not bring the requisite amount. Surplus from
a sale after the payment of the taxes and costs shall be paid over to the
county governing authority as a part of the educational fund, together
with a statement of the property and account of sales, subject to the
claim of the true owner within four years.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
661
MUNICIPAL ELECTIONS PENALTIES FOR
VIOLATION OF ELECTION CODE.
Code Title 21, Chapter 3 Amended.
No. 969 (House Bill No. 937).
AN ACT
To amend Chapter 3 of Title 21 of the Official Code of Georgia
Annotated, relating to municipal elections, so as to change certain
provisions relative to penalties; to provide for penalties for violations
of the Georgia Municipal Election Code; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 21 of the Official Code of Georgia
Annotated, relating to municipal elections, is amended by repealing
Code Section 21-3-16, relating to making of false statements in
connection with filing notice of candidacy, which reads as follows:
21-3-16. (a) Any person knowingly making any false state-
ment in connection with filing a notice of candidacy under Code
Section 21-3-91 or in connection with qualifying as a candidate for
party nomination under Code Section 21-3-98 commits the offense of
false swearing.
(b) The district attorney of the county in which all or the greater
portion of any municipality is situated shall furnish all investigative
personnel and facilities to the election superintendent or political
party as needed to determine the accuracy and correctness of all facts
set forth in the affidavits filed pursuant to Code Sections 21-3-91 and
21-3-98 and shall commence prosecution of any person when it
appears that a violation of this Code section has occurred.
(c) Where proper venue of any such prosecution would be in
another county, the district attorney whose office conducted the
investigation shall forward all evidence and other data to the district
attorney of the county where venue is proper; and prosecution shall
be commenced by such official.
662
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by repealing Code
Section 21-3-17, relating to penalties for violations of the Georgia
Municipal Election Code, which reads as follows:
21-3-17. Except as otherwise provided in Code Section 21-3-16,
any person who violates any provision of this chapter shall be guilty of
a misdemeanor.
Section 3. Said chapter is further amended by adding a new
Article 14 to read as follows:
ARTICLE 14
21-3-440. Except as otherwise provided in Code Section 21-3-
441, any person who shall make a false statement under oath or
affirmation regarding any material matter or thing relating to any
subject being investigated, heard, determined, or acted upon by any
public official in accordance with this chapter shall be guilty of a
misdemeanor.
21-3-441. (a) Any person knowingly making any false state-
ment in connection with filing a notice of candidacy under Code
Section 21-3-91 or in connection with qualifying as a candidate for
party nomination under Code Section 21-3-98 commits the offense of
false swearing.
(b) The district attorney of the county in which all or the greater
portion of any municipality is situated shall furnish all investigative
personnel and facilities to the election superintendent or political
party as needed to determine the accuracy and correctness of all facts
set forth in the affidavits filed pursuant to Code Sections 21-3-91 and
21-3-98 and shall commence prosecution of any person when it
appears that a violation of this Code section has occurred.
(c) Where proper venue of any such prosecution would be in
another county, the district attorney whose office conducted the
investigation shall forward all evidence and other data to the district
attorney of the county where venue is proper; and prosecution shall
be commenced by such official.
21-3-442. Any person who:
GEORGIA LAWS 1984 SESSION
663
(1) Registers as an elector knowing that he does not possess
the qualifications required by law;
(2) Registers as an elector under any other name than his
own; or
(3) Knowingly gives a false residence when registering as an
elector
shall be guilty of a misdemeanor.
21-3-443. (a) Any person who willfully:
(1) Inserts or permits to be inserted any fictitious name,
false figure, false statement, or other fraudulent entry on or in any
registration card, electors list, voters certificate, affidavit, tally
paper, general or duplicate return sheet, statement, certificate,
oath, voucher, account, ballot or ballot card, or other record or
document authorized or required to be made, used, signed,
returned, or preserved for any public purpose in connection with
any primary or election;
(2) Alters materially or intentionally destroys any entry
which has been lawfully made therein; or
(3) Takes or removes any book, affidavit, return, account,
ballot or ballot card, or other document or record from the custody
of any person having lawful charge thereof, in order to prevent the
same from being used or inspected or copied as required or
permitted by this chapter
shall be guilty of a felony.
(b) Any person who willfully neglects or refuses, within the time
and in the manner required by this chapter, to deliver any such
document described in subsection (a) of this Code section into the
custody of the officers who are required by this chapter to use or keep
the same shall be guilty of a misdemeanor.
21-3-444. Any person who knowingly and willfully:
(1) Signs any nomination petition without having the quali-
fications prescribed by this chapter;
664
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Sets any false statement opposite the signature on a
nomination petition;
(3) Signs more nomination petitions than permitted by this
chapter;
(4) Makes a false statement in any affidavit required by this
chapter to be appended to or to accompany a nomination petition;
(5) Signs any name not his own to any nomination petition;
or
(6) Materially alters any nomination petition without the
consent of the signers
shall be guilty of a felony.
21-3-445. Any person who willfully makes any false nomination
certificate or defaces or destroys any nomination petition, nomina-
tion certificate, nomination paper, or letter of withdrawal, knowing
the same, or any part thereof, to be made falsely, or who suppresses
any nomination petition, nomination certificate, or nomination
paper, or any part thereof, which has been duly filed shall be guilty of
a felony.
21-3-446. Any person who:
(1) Willfully prevents or attempts to prevent any poll offi-
cer from holding any primary or election under this chapter;
(2) Uses or threatens violence to any poll officer or inter-
rupts or improperly interferes with the execution of his duty;
(3) Willfully blocks or attempts to block the avenue to the
door of any polling place;
(4) Uses or threatens violence to any elector to prevent him
from voting;
(5) Willfully prepares or presents to any poll officer a
fraudulent voters certificate not signed by the elector whose
certificate it purports to be;
GEORGIA LAWS 1984 SESSION
665
(6) Knowingly deposits fraudulent ballots in the ballot box;
(7) Knowingly registers fraudulent votes upon any voting
machine; or
(8) Willfully tampers with any electors list, voters certifi-
cates, numbered list of voters, ballot box, voting machine, vote
recorder, or tabulating machine
shall be guilty of a felony.
21-3-447. Any person who uses or threatens to use force and
violence or in any other manner intimidates any other person to:
(1) Vote or refrain from voting at any primary or election or
to vote or refrain from voting for or against any particular candi-
date or questions submitted to electors at such primary or elec-
tion; or
(2) Place or refrain from placing his name upon a register of
electors
shall be guilty of a misdemeanor.
21-3-448. Any person who:
(1) Goes into the voting compartment or voting machine
booth while another is voting or who marks the ballot or ballot
card or registers to vote for another, except in strict accordance
with this chapter;
(2) Interferes with any elector marking his ballot or ballot
card or registering his vote;
(3) Attempts to induce any elector before depositing his
ballot or ballot card to show how he marks or has marked his ballot
or ballot card;
(4) While giving lawful assistance to another, attempts to
influence the vote of the elector whom he is assisting or marks a
ballot or ballot card or registers a vote in any other way than that
requested by the voter whom he is assisting; or
666
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Discloses to anyone how such person voted except when
required to do so in any legal proceeding
shall be guilty of a misdemeanor.
21-3-449. Any person, including any poll officer, who willfully
prevents any poll officer from performing the duties imposed on him
by this chapter shall be guilty of a felony.
21-3-450. Any person who buys or sells, offers to buy or sell, or
knowingly participates in the buying or selling of votes at any primary
or election shall be guilty of a felony.
21-3-451. Any person who votes or attempts to vote at any
primary or election, knowing that he does not possess all the qualifi-
cations of an elector at such primary or election as required by law, or
who votes or attempts to vote at any primary in violation of Code
Section 21-3-136 shall be guilty of a misdemeanor.
21-3-452. Any person who votes in more than one precinct in the
same primary or election or otherwise fraudulently votes more than
once at the same primary or election shall be guilty of a felony.
21-3-453. Any person who votes or attempts to vote by absentee
ballot at any primary or election under Article 10 of this chapter and
who is not qualified to vote shall be guilty of a misdemeanor.
21-3-454. Any person, other than the officer charged by law with
the care of ballots or ballot cards or a person entrusted by any such
officer with the care of the same for a purpose required by law, who
has in his possession outside the polling place any official ballot or
ballot card shall be guilty of a felony.
21-3-455. (a) Any person who makes, constructs, or has in his
possession any counterfeit of an official ballot, ballot card, or ballot
label shall be guilty of a felony.
(b) This Code section shall not be applied to facsimile ballots
printed and published as an aid to electors in any newspaper gener-
ally and regularly circulated within the state, so long as such facsimile
ballot is at least 25 percent larger or smaller than the official ballot of
which it is a facsimile. This Code section shall not be applied to any
sample or facsimile ballot or ballot labels obtained under Code
GEORGIA LAWS 1984 SESSION
667
Section 21-3-194. Nothing in this Code section shall be so construed
as to prohibit the procurement and distribution of reprints of the said
newspaper printings; nor shall it be so construed as to prohibit the
preparation and distribution by county election officials of facsimile
ballots and ballot labels or portions thereof, provided that they are of
a different color and at least 25 percent larger or smaller than the
official ballots or ballot labels.
(c) Nothing in this Code section shall be so construed as to
prohibit any person from procuring and distributing reprints or
portions of reprints of any sample or facsimile ballots or ballot labels
as provided in Code Section 21-3-194, provided such reprints or
portions of reprints are of a different color and at least 25 percent
larger or smaller than the official ballots or ballot labels.
21-3-456. Any person who willfully destroys or defaces any
ballot or ballot card or willfully delays the delivery of any ballots or
ballot cards shall be guilty of a misdemeanor.
21-3-457. Any person removing any ballot from any book of
official ballots, except in the manner provided by this chapter, shall
be guilty of a misdemeanor.
21-3-458. Any person who, before any ballot or ballot card is
deposited in the ballot box as provided by this chapter, willfully
unfolds, opens, or pries into any such ballot or ballot card with the
intent to discover the manner in which the same has been marked
shall be guilty of a misdemeanor.
21-3-459. Any voter at any primary or election who:
(1) Allows his ballot, ballot card, or the face of the voting
machine used by him to be seen by any person with the apparent
intention of letting it be known for a fraudulent purpose how he is
about to vote;
(2) Casts or attempts to cast any other than the official
ballot or ballot card which has been given to him by the proper poll
officer or advises or procures another to do so;
(3) Without having made the declaration under oath or
affirmation required by Code Section 21-3-318, or when the
disability which he declared at the time of registration no longer
668
GENERAL ACTS AND RESOLUTIONS, VOL. I
exists, permits another to accompany him into the voting com-
partment or voting machine booth or to mark his ballot or ballot
card or to register his vote on the voting machine or vote recorder;
or
(4) States falsely to any poll officer that because of his
inability to read the English language or because of blindness,
near-blindness, or other physical disability he cannot mark the
ballot or ballot card or operate the voting machine without
assistance
shall be guilty of a misdemeanor.
21-3-460. Any person who:
(1) Unlawfully opens, tampers with, or damages any voting
machine to be used or being used at any primary or election;
(2) Willfully prepares a voting machine for use in a primary
or election in an improper order for voting; or
(3) Prevents or attempts to prevent the correct operation of
such machine
shall be guilty of a felony.
21-3-461. Any unauthorized person who makes or knowingly has
in his possession a key to a voting machine to be used or being used in
any primary or election shall be guilty of a felony.
21-3-462. Any person who tampers with or damages any vote
recorder or tabulating machine to be used or being used at or in
connection with any primary or election or who prevents or attempts
to prevent the correct operation of any vote recorder or tabulating
machine shall be guilty of a felony.
21-3-463. Any person who:
(1) Prior to any primary or election, willfully defaces,
removes, or destroys any notice or list of candidates posted in
accordance with this chapter;
GEORGIA LAWS 1984 SESSION
669
(2) During any primary or election, willfully defaces, tears
down, removes, or destroys any card of instructions, notice of
penalties, or diagram printed or posted for the instruction of
electors; or
(3) During any primary or election, willfully removes or
destroys any of the supplies or conveniences furnished to any
polling place in order to enable electors to vote or the poll officers
to perform their duties
shall be guilty of a misdemeanor.
21-3-464. If any manager refuses or willfully fails to administer
the oath to the poll officer in the manner required by this chapter, or
if any poll officer shall knowingly act without being first duly sworn,
or if any such person shall sign the written form of oath without being
duly sworn, or if any manager or any other person authorized to
administer oaths shall certify that any such person was sworn when
he was not, he shall be guilty of a misdemeanor.
21-3-465. (a) Any superintendent or employee of his office who
willfully refuses to permit the public inspection or copying, in accord-
ance with this chapter, of any general or duplicate return sheet, tally
paper, affidavit, petition, certificate, paper, account, contract, report,
or any other document or record in his custody, or who willfully
removes any such document or record from his office during said
period, or who permits the same to be removed, except pursuant to
the direction of any competent authority, shall be guilty of a misde-
meanor.
(b) Any superintendent or employee of his office who willfully
destroys or alters, or permits to be destroyed or altered, any docu-
ment described in subsection (a) of this Code section during the
period for which the same is required to be kept shall be guilty of a
felony.
21-3-466. Any poll officer who willfully:
(1) Makes a false return of the votes cast at any primary or
election;
(2) Deposits fraudulent ballots or ballot cards in the ballot
box or certifies as correct a false return of ballots or ballot cards;
670
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Registers fraudulent votes upon any voting machine or
certifies as correct a return of fraudulent votes cast upon any
voting machines;
(4) Makes any false entries in the electors list;
(5) Destroys or alters any ballot, ballot card, voters certifi-
cate, or electors list;
(6) Tampers with any voting machine, vote recorder, or
tabulating machine;
(7) Prepares or files any false voters certificate not pre-
pared by or for an elector actually voting at such primary or
election; or
(8) Fails to return to the officials prescribed by this chapter,
following any primary or election, any keys of a voting machine;
ballot box; general or duplicate return sheet; tally paper; oaths of
poll officers; affidavits of electors and others; record of assisted
voters; numbered list of voters; electors list; voters certificates;
unused, spoiled, and canceled ballots or ballot cards; ballots or
ballot cards deposited, written, or affixed in or upon a voting
machine; or any certificate or any other paper or record required
to be returned under this chapter
shall be guilty of a felony.
21-3-467. Any poll officer who counts any votes before the close
of the polls or before the last person has voted, whichever occurs later
in time, on the day of any primary or election shall be guilty of a
misdemeanor.
21-3-468. Any poll officer who willfully:
(1) Fails to file the voters certificate of any elector actually
voting at any primary or election;
(2) Fails to record voting information as required by this
chapter; or
(3) Fails to insert in the numbered list of voters the name of
any person actually voting
GEORGIA LAWS 1984 SESSION
671
shall be guilty of a misdemeanor.
21-3-469. Any poll officer who:
(1) Permits any unregistered person to vote at any primary
or election, knowing such person is unregistered;
(2) Permits any person registered as an elector to vote,
knowing that such person is not qualified to vote, whether or not
such person has been challenged;
(3) Refuses to permit any duly registered and qualified
person to vote at any primary or election, with the knowledge that
such person is entitled to vote; or
(4) Renders assistance to an elector in voting in violation of
Code Section 21-3-318 or knowingly permits another person to
render such assistance in violation of Code Section 21-3-318
shall be guilty of a misdemeanor.
21-3-470. Any poll officer who permits a voter to be accompa-
nied by another into the voting compartment or voting machine
booth when such poll officer knows that the disability which the voter
declared at the time of registration no longer exists or that the
disability which the voter declared at the time of voting did not exist
shall be guilty of a misdemeanor.
21-3-471. Any poll officer who willfully fails to keep a record, as
required by Code Section 21-3-318, of the name of each voter who
received assistance, the exact disability of any assisted voter which
makes the assistance necessary, and the name of each person render-
ing assistance to a voter shall be guilty of a misdemeanor.
21-3-472. Any law enforcement officer who:
(1) Willfully neglects or refuses to clear an avenue to the
door of any polling place which is obstructed in such a way as to
prevent electors from entering, when called to do so by any poll
officer or elector of the precinct;
(2) Willfully neglects or refuses to maintain order and quell
any disturbance if such arises at any polling place upon the date of
672
GENERAL ACTS AND RESOLUTIONS, VOL. I
any primary or election, when called upon to do so by any poll
officer or elector of the precinct; or
(3) Willfully hinders or delays or attempts to hinder or
delay any poll officer in the performance of any duty under this
chapter
shall be guilty of a misdemeanor.
21-3-473. Any printer employed to print any official ballots or
ballot cards for use in a primary or election or any person engaged in
printing the same who:
(1) Appropriates to himself or gives or delivers or knowingly
permits to be taken any of said ballots or ballot cards by any
unauthorized person; or
(2) Willfully and knowingly prints or causes to be printed
any official ballot or ballot cards in any form other than that
prescribed by the appropriate officials, or with any other names or
printing, or with the name spelled otherwise than as directed by
such officials, or the names or printing thereon arranged in any
other way than that authorized and directed by this chapter
shall be guilty of a felony.
21-3-474. Any public officer or any officer of a political party or
body on whom a duty is laid by this chapter who willfully neglects or
refuses to perform his duties shall be guilty of a misdemeanor.
21-3-475. Any person who intentionally interferes with, hinders,
or delays or attempts to interfere with, hinder, or delay any other
person in the performance of any act or duty authorized or imposed
by this chapter shall be guilty of a misdemeanor.
21-3-476. Except as otherwise provided by law, any person who
shall sell or buy or offer for sale any alcoholic beverages on primary or
election days shall be guilty of a misdemeanor.
21-3-477. Except as otherwise provided by law, any person who
violates any provision of this chapter shall be guilty of a misde-
meanor.
GEORGIA LAWS 1984 SESSION
673
21-3-478. Any person convicted of a misdemeanor under this
chapter shall be subject to any one or more of the following, in the
discretion of the trial judge:
(1) A fine of not less than $100.00 nor more than $1,000.00;
(2) A sentence of confinement in the county jail or other
place of imprisonment for a period not to exceed six months; or
(3) A sentence of confinement in a county correctional
institution or other appropriate institution under the jurisdiction
of the Department of Offender Rehabilitation not to exceed 12
months.
21-3-479. Any person convicted of a felony under this chapter
shall be punished by a fine not to exceed $2,000.00 or imprisonment of
not less than one year nor more than three years, or both, in the
discretion of the trial court, or may be punished as for a misdemeanor,
in the discretion of the trial court.
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 21,1984.
674
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS DISTRIBUTIONS OF CERTAIN
MATERIALS BY POLL OFFICERS NOT
PROHIBITED.
Code Title 21, Chapters 2 and 3 Amended.
No. 970 (House Bill No. 939).
AN ACT
To amend Code Section 21-2-414 of the Official Code of Georgia
Annotated, relating to restrictions on campaign activities within the
vicinity of a polling place, and Code Section 21-3-321 of the Official
Code of Georgia Annotated, relating to restrictions on campaign
activities within the vicinity of a polling place in municipal elections,
so as to provide for the distribution of materials to promote voter
participation; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 21-2-414 of the Official Code of
Georgia Annotated, relating to restrictions on campaign activities
within the vicinity of a polling place, is amended by striking subsec-
tion (c) in its entirety and inserting in lieu thereof a new subsection
(c) to read as follows:
(c) This Code section shall not be construed to prohibit a poll
officer from distributing materials, as required by law, which are
necessary for the purpose of instructing electors or from distributing
materials prepared by the Secretary of State which are designed
solely for the purpose of encouraging voter participation in the
election being conducted.
Section 2. Code Section 21-3-321 of the Official Code of
Georgia Annotated, relating to restrictions on campaign activities
within the vicinity of a polling place in municipal elections, is
amended by striking subsection (c) in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
GEORGIA LAWS 1984 SESSION
675
(c) This Code section shall not be construed to prohibit a poll
officer from distributing materials, as required by law, which are
necessary for the purpose of instructing electors or from distributing
materials prepared by the Secretary of State which are designed
solely for the purpose of encouraging voter participation in the
election being conducted.
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 21,1984.
ELECTIONS DISPLAY OF VOTE RECORDERS
PRIOR TO ELECTIONS.
Code Title 21, Chapters 2 and 3 Amended.
No. 971 (House Bill No. 941).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to change the requirements regarding the
display of vote recorders prior to 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 Code Section 21-2-361,
relating to instruction of electors as to use of vote recorders, in its
entirety and inserting in lieu thereof a new Code Section 21-2-361 to
read as follows:
676
GENERAL ACTS AND RESOLUTIONS, VOL. I
21-2-361. During the 30 days next preceding a general primary
or election or during the ten days next preceding a special primary or
election, the superintendent shall place on public exhibition, in such
public places and at such times as he may deem most suitable for the
information and instruction of the electors, one or more vote record-
ers. Insofar as practicable, the vote recorders shall contain the ballot
labels and show the offices and questions to be voted upon, the names
and arrangements of parties and bodies, and the names and arrange-
ments of the candidates to be voted for. Such recorder or recorders
shall be under the charge and care of a person competent as custodian
and instructor.
Section 2. Said title is further amended by striking Code
Section 21-3-259, relating to instruction of electors as to use of vote
recorders before primary or election, in its entirety and inserting in
lieu thereof a new Code Section 21-3-259 to read as follows:
21-3-259. During the five days preceding a general primary or
election or during the three days preceding a special primary or
election, the municipal superintendent shall place on public exhibi-
tion, in such public places and at such times as he may deem most
suitable for the information and instruction of the electors, one or
more vote recorders. Insofar as practicable, the vote recorders shall
contain the ballot labels and show the offices and questions to be
voted upon, the names and arrangements of parties and bodies, and
the names and arrangements of the candidates to be voted for. Such
recorder or recorders shall be under the charge and care of a person
competent as custodian and instructor.
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 21,1984.
GEORGIA LAWS 1984 SESSION
677
ELECTIONS S VOTER REGISTRATION IN HIGH
SCHOOLS AND AREA VOCATIONAL SCHOOLS.
Code Title 21, Chapters 2 and 3 Amended.
No. 972 (House Bill No. 943).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that the principal of every public
and private high school and the director of each area vocational school
is authorized to invite a deputy registrar to the school to register
qualified students and employees as electors; to provide for and to
clarify certain exemptions and procedures; to provide for informing
students that they may register to vote at school; 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 subsection (c) of Code
Section 21-2-212, relating to appointment of deputy registrars, in its
entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
(c) Each principal or assistant principal of every public or
private high school and the director of each area vocational school in
this state shall be a deputy to the board of registrars for the purpose
of registering as electors only those qualified applicants who are
enrolled students within the principals or directors school or who are
employed by the school. Such principals or assistant principals and
directors shall inform their students of the powers conferred upon
such officials by this Code section and shall provide reasonable and
convenient procedures to enable students who are qualified appli-
cants to register. The principal of each public or private high school
and the director of each area vocational school are authorized to
invite a deputy registrar to the school to register as electors those
persons whom the principal or director would be authorized to
register under this subsection. Code Section 21-2-213 shall not apply
to the principal or assistant principal of any public or private high
school or the director of any area vocational school who serves as a
deputy registrar by virtue of this subsection.
678
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said title is further amended by striking subsection
(e) of Code Section 21-3-120, relating to appointment of deputy
registrars, in its entirety and inserting in lieu thereof a new subsection
(e) to read as follows:
(e) Each principal or assistant principal of every public or
private high school and the director of each area vocational school in
this state shall be a deputy registrar for the purpose of registering as
electors only those qualified applicants who are enrolled students
within the principals or directors school or who are employed by the
school. Such principals or assistant principals and directors shall
inform their students of the powers conferred upon such officials by
this Code section and shall provide reasonable and convenient proce-
dures to enable students who are qualified applicants to register. The
principal of each public or private high school and the director of each
area vocational school are authorized to invite a deputy registrar to
the school to register as electors those persons whom the principal or
director would be authorized to register under this subsection. Code
Section 21-3-121 shall not apply to the principal or assistant principal
of any public or private high school or the director of any area
vocational school who serves as a deputy registrar by virtue of this
subsection.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
679
BONDS AND RECOGNIZANCES SCHEDULE OF
BAILS BY JUDGES OF COURTS OF INQUIRY.
Code Section 17-6-l(e) Enacted.
No. 973 (House Bill No. 950).
AN ACT
To amend Code Section 17-6-1 of the Official Code of Georgia
Annotated, relating to bail generally, so as to authorize courts of
inquiry to establish schedules of bail for certain offenses; to provide
for conditions; 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 bail generally, is amended by adding at the end
thereof a new subsection (e) to read as follows:
(e) (1) Except as provided in paragraph (2) of this subsection,
the judge of any court of inquiry may by written order establish a
schedule of bails. A person charged with committing any offense
shall be released from custody upon posting bail as fixed in the
schedule. The judge shall determine the conditions under which
the schedule of bail shall be used.
(2) The authority granted in paragraph (1) of this subsec-
tion shall not apply to any offense listed in subsection (b) of this
Code section.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
680
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS JOINT COUNTY-MUNICIPAL
BOARDS OF REGISTRATION AND ELECTIONS
AUTHORIZED.
Code Section 21-2-45 Enacted.
No. 974 (House Bill No. 969).
AN ACT
To amend Part 1 of Article 2 of Chapter 2 of Title 21 of the Official
Code of Georgia Annotated, relating to election and registration
officers, so as to provide for joint county-municipal boards of election
and for joint county-municipal boards of election and registration; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 1 of Article 2 of Chapter 2 of Title 21 of the
Official Code of Georgia Annotated, relating to election and registra-
tion officers, is amended by adding at the end thereof a new Subpart 3
to read as follows:
Subpart 3
21-2-45. (a) The General Assembly may by local Act create a
joint county-municipal board of elections in any county of this state
for that county and any municipality located wholly or partially
within that county and empower the board with the powers and
duties of the election superintendent of that county and municipality
with regard to the conduct of primaries and elections pursuant to this
chapter and Chapter 3 of this title.
(b) The General Assembly may by local Act create a joint
county-municipal board of elections and registration in any county of
this state for that county and any municipality located wholly or
partially within that county and empower the board with the powers
and duties of the election superintendent of that county and munici-
pality with regard to the conduct of primaries and elections pursuant
to this chapter and Chapter 3 of this title and empower the board with
the powers and duties of the registrars and board of registrars of that
municipality and county with regard to the registration of voters and
absentee-balloting procedures.
GEORGIA LAWS 1984 SESSION
681
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
WILLS WHEN PROBATE IN COMMON FORM
MAY BE TAKEN.
Code Section 53-3-11 Amended.
No. 975 (House Bill No. 983).
AN ACT
To amend Code Section 53-3-11 of the Official Code of Georgia
Annotated, relating to when probate in common form may be taken,
so as to change the time for taking probate in common form and the
time for granting the ordering admitting the will to record; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 53-3-11 of the Official Code of Georgia
Annotated, relating to when probate in common form may be taken,
is amended by striking that Code section in its entirety, which reads
as follows:
53-3-11. Probate in common form may be taken by the judge of
the probate court at any time, but the order admitting the will to
record shall be granted only at a regular term.,
and inserting in its place a new Code section to read as follows:
53-3-11. Probate in common form may be taken and the order
admitting the will to record may be granted by the judge of the
probate court at any time where authorized or not prohibited by law.
682
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
EMINENT DOMAIN FILING OF OATH OF
SPECIAL MASTER FORM OF AWARD.
Code Title 22, Chapter 2 Amended.
No. 976 (House Bill No. 988).
AN ACT
To amend Article 2 of Chapter 2 of Title 22 of the Official Code of
Georgia Annotated, relating to condemnation proceedings before a
special master, so as to change the provisions relating to the filing of
the oath of a special master; 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 22 of the Official Code
of Georgia Annotated, relating to condemnation proceedings before a
special master, is amended by striking Code Section 22-2-103, relat-
ing to appointment of a special master generally, in its entirety and
inserting in lieu thereof a new Code Section 22-2-103 to read as
follows:
22-2-103. The special master provided for in this article shall be
appointed by the judge or judges of the superior courts of each
judicial circuit and shall discharge the duties provided for in this
article. Nothing contained in this article shall be construed as limiting
the number of special masters for the circuit, and any judge of the
superior court may appoint a special master for any particular case or
cases. The special master so appointed must be a competent attorney
GEORGIA LAWS 1984 SESSION
683
at law, be of good standing in his profession, and have at least three
years experience in the practice of law. His relation and accountabil-
ity to the court shall be that of an auditor or master in the general
practice existing in this state. He shall hold office at the pleasure of
the judge and shall be removable at any time with or without cause.
Each special master shall take and file in the office of the clerk of the
superior court of the county in which the property or interest to be
condemned is situated, along with the order of his appointment, an
oath or affidavit substantially in the form prescribed in Code Section
22-2-105.
Section 2. Said article is further amended by striking Code
Section 22-2-105, relating to the oath of the special master, in its
entirety and inserting in lieu thereof a new Code Section 22-2-105 to
read as follows:
22-2-105. The special master is required to take the following
oath to be filed along with the order of his appointment in the office of
the clerk of the superior court of the county in which the property or
interest to be condemned is situated:
I,____________, do swear that I will faithfully, well, and truly
perform the duties of special master under the condemna-
tion law, according to law and to the best of my skill and
ability.
Sworn to and subscribed
before me this ________
day of , 19______.
(Title and authority
of attesting officer)
Section 3. Said article is further amended by striking subsec-
tion (c) of Code Section 22-2-110, relating to the award of a special
master and the form thereof, in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
684
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The award shall be in the following form:
AWARD OF SPECIAL MASTER
I,:% the special master appointed and chosen by
the court to hear evidence, give full consideration to all
matters touching upon the value of the property or interest
sought to be condemned, as shown by the description
of the property or interest in the case of____________
__________________________ (condemning body) versus
__________________________________(acres of land or other
described interest in said land) and__________________
(condemnee), Civil action file no.___in superior court,
and having first taken the oath as required by law of the
special master, the same having been filed with the clerk of
the Superior Court of________County and having heard
evidence under oath and given consideration to the value of
such property or interest on the__day of___________, at
_____. M., as provided for in the order of the court, do
decide and recommend to the court as follows:
(1) I find and award to________, condemnee, the sum
of $____, as the actual market value of the property or interest
sought to be condemned;
(2) I find consequential damages to the remaining
property or interest in tbe amount of $__;
(3) I find consequential benefits to the remaining prop-
erty or interest in the amount of $_(never to exceed the
amount of the consequential damages);
(4) Balancing the consequential benefits against the
consequential damages, I find and award to the condemnee in
this case in the total sum of $_____, and I respectfully
recommend to the court that the said property or interest be
condemned by a judgment in rem to the use of the condemnor
upon the payment of the last stated sum into the registry of
the court, subject to the demands of the condemnee.
GEORGIA LAWS 1984 SESSION
685
This_______day of __________, 19_.
Special Master
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
CRIMES AND OFFENSES AGGRAVATED CHILD
MOLESTATION DEFINED PUNISHMENT.
Code Section 16-6-4 Amended.
No. 977 (House Bill No. 998).
AN ACT
To amend Code Section 16-6-4 of the Official Code of Georgia
Annotated, relating to the offense of child molestation, so as to
provide that when child molestation involves physical injury to the
child or an act of sodomy it shall constitute the offense of aggravated
child molestation; to provide a penalty; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-6-4 of the Official Code of Georgia
Annotated, relating to the offense of child molestation, is amended by
adding new subsections (c) and (d) to read as follows:
(c) A person commits the offense of aggravated child molesta-
tion when he commits an offense of child molestation which results in
physical injury to the child or involves an act of sodomy.
686
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) A person convicted of the offense of aggravated child molest-
ation shall be punished by imprisonment for not less than one nor
more than 30 years.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
AD VALOREM TAXATION PREFERENTIAL
ASSESSMENT OF REAL PROPERTY DEVOTED TO
AGRICULTURAL PURPOSES LAW AMENDED.
Code Section 48-5-7.1 Amended.
No. 978 (House Bill No. 989).
AN ACT
To amend Code Section 48-5-7.1 of the Official Code of Georgia
Annotated, relating to preferential ad valorem tax assessment of
tangible real property devoted to agricultural purposes, so as to
require that property which is subject to preferential assessment be
separately classified from all other property on the tax digest; to
provide that covenants to maintain such property in agricultural use
shall be public records; to provide that such covenants shall not be
breached by the transfer or nonagricultural use of a certain part of
such property; to provide that such covenants shall not be breached
by certain mineral exploration of such property or by allowing such
property to lie fallow or idle for certain purposes; to provide that a
reduced penalty shall apply where a covenant is breached solely as the
result of the foreclosure of a deed to serve debt executed as a part of a
bona fide commercial loan transaction; to provide for related mat-
ters; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
687
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-5-7.1 of the Official Code of Georgia
Annotated, relating to preferential ad valorem tax assessment of
tangible real property devoted to agricultural purposes, is amended
by adding new subsections (n), (o), (p), and (q) to read as follows:
(n) The transfer of a part of the property subject to a covenant
shall not constitute a breach of a covenant entered into before or after
the effective date of this subsection if:
(1) The part of the property so transferred is used for single-
family residential purposes and the residence is occupied by a
person who is related within the fourth degree of civil reckoning to
an owner of the property subject to the covenant; and
(2) The part of the property so transferred, taken together
with any other part of the property so transferred during the
covenant period, does not exceed a total of three acres.
(o) The following shall not constitute a breach of a covenant
entered into before or after the effective date of this subsection:
(1) Mineral exploration of the property subject to the cove-
nant or the leasing of the property subject to the covenant for
purposes of mineral exploration if the primary use of the property
continues to be the good faith commercial production from or on
the land of agricultural products; or
(2) Allowing all or part of the property subject to the
covenant to lie fallow or idle for purposes of any land conservation
program, for purposes of any federal agricultural assistance pro-
gram, or for other agricultural management purposes.
(p) Property which is subject to preferential assessment shall be
separately classified from all other property on the tax digest; and
such separate classification shall be such as will enable any person
examining the tax digest to readily ascertain that the property is
subject to preferential assessment. Covenants shall be public records
and shall be indexed and maintained in such manner as will allow
members of the public to readily locate the covenant affecting any
particular property subject to preferential assessment.
688
GENERAL ACTS AND RESOLUTIONS, VOL. I
(q) (1) In any case in which a covenant is breached solely as a
result of the foreclosure of a deed to secure debt, the penalty specified
by paragraph (2) of this subsection shall apply and the penalty
specified by subsection (g) of this Code section shall not apply if:
(A) The deed to secure debt was executed as a part of a
bona fide commercial loan transaction in which the grantor of
the deed to secure debt received consideration equal in value
to the principal amount of the debt secured by the deed to
secure debt;
(B) The loan was made by a person or financial institu-
tion who or which is regularly engaged in the business of
making loans; and
(C) The deed to secure debt was intended by the par-
ties as security for the loan and was not intended for the
purpose of carrying out a transfer which would otherwise be
subject to the penalty specified by subsection (g) of this Code
section.
(2) When a breach occurs solely as a result of a foreclosure
which meets the qualifications of paragraph (1) of this subsection,
the penalty imposed shall be the total amount by which preferen-
tial assessment has reduced taxes otherwise due during the period
of the covenant.
(3) A penalty imposed under this subsection shall bear
interest at the rate specified in Code Section 48-2-40 from the date
the covenant is breached.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
689
STATE BOARD OF PARDONS AND PAROLES
ORGANIZATION AND PROCEDURES CHANGED.
Code Title 42, Chapter 9 Amended.
No. 979 (House Bill No. 1033).
AN ACT
To amend Article 1 of Chapter 9 of Title 42 of the Official Code of
Georgia Annotated, relating to general provisions governing the State
Board of Pardons and Paroles, so as to delete the requirement that
members select from their number a secretary of the board; to change
provisions regarding reports made by the board; 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. Article 1 of Chapter 9 of Title 42 of the Official Code
of Georgia Annotated, relating to general provisions governing the
State Board of Pardons and Paroles, is amended by striking in its
entirety Code Section 42-9-6, relating to the selection of a chairman
and a secretary of the board, and inserting in its place 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 chairman shall draw no salary from the state in addition
to that which he receives as a member of the board.
Section 2. Said article is further amended by striking in its
entirety Code Section 42-9-19, relating to annual reports of the board,
and inserting in its place 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, each body of the General Assem-
bly, 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.
690
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 21,1984.
LAW ENFORCEMENT OFFICERS AND AGENCIES
DUTY TO COLLECT, CLASSIFY AND PRESERVE
CERTAIN INFORMATION.
Code Title 35, Chapters 1 and 3 Amended.
No. 980 (House Bill No. 1070).
AN ACT
To amend Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, so as to provide for
the collection, classification, and preservation of information which
would assist in the identification of any deceased individual or in the
location of any missing person; to provide for the exchange of such
records and information with other governmental authorities; 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. Title 35 of the Official Code of Georgia Annotated,
relating to law enforcement officers and agencies, is amended by
adding at the end of Chapter 1, relating to general provisions concern-
ing law enforcement officers and agencies, a new Code Section 35-1-8
to read as follows:
GEORGIA LAWS 1984 SESSION
691
35-1-8. It shall be the duty of every law enforcement agency to:
(1) Acquire, collect, classify, and preserve any information
which would assist in the identification of any deceased individual
who has not been identified after the discovery of such deceased
individual;
(2) Acquire, collect, classify, and preserve immediately any
information which would assist in the location of any missing
person, including any minor, and provide confirmation as to any
entry for such a person to the parent, legal guardian, or next of kin
of that person and the agency shall acquire, collect, classify, and
preserve such information from such parent, guardian, or next of
kin; and
(3) Exchange such records and information as provided in
paragraphs (1) and (2) of this Code section with other law enforce-
ment agencies of this state, any other state, or the United States.
With respect to missing minors, such information shall be trans-
mitted immediately to other law enforcement agencies.
Section 2. Said title is further amended by striking in its entirety
subsection (a) of Code Section 35-3-4, relating to powers and duties of
the Georgia Bureau of Investigation, and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) It shall be the duty of the bureau to:
(1) Take, receive, and forward fingerprints, photographs,
descriptions, and measurements of persons in cooperation with
the bureaus and departments of other states and of the United
States;
(2) Exchange information relating to crime and criminals;
(3) Keep permanent files and records of such information
procured or received;
(4) Provide for the scientific investigation of articles used in
committing crimes or articles, fingerprints, or bloodstains found
at the scenes of crimes;
692
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Provide for the testing and identification of weapons
and projectiles fired therefrom;
(6) Acquire, collect, classify, and preserve any information
which would assist in the identification of any deceased individual
who has not been identified after the discovery of such deceased
individual;
(7) Acquire, collect, classify, and preserve immediately any
information which would assist in the location of any missing
person, including any minor, and provide confirmation as to any
entry for such a person to the parent, legal guardian, or next of kin
of that person and the bureau shall acquire, collect, classify, and
preserve such information from such parent, guardian, or next of
kin; and
(8) Exchange such records and information as provided in
paragraphs (6) and (7) of this subsection with, and for the official
use of, authorized officials of the federal government, the states,
cities, counties, and penal and other institutions. With respect to
missing minors, such information shall be transmitted immedi-
ately to other law enforcement agencies.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
693
PUBLIC TRANSPORTATION H|LIMITATI0N OF
LIABILITY OF CERTAIN COMMON CARRIERS
LIENS OF CARRIERS.
Code Title 46, Chapter 9 Amended.
No. 981 (House Bill No. 1073).
AN ACT
To amend Chapter 9 of Title 46 of the Official Code of Georgia
Annotated, relating to transportation of freight and passengers gener-
ally, so as to change the provisions relating to the power of certain
common carriers to limit liability; to authorize certain motor common
carriers of property to limit their liability through certain procedures;
to provide that a carriers lien shall attach to personal property of the
debtor, other than consumer goods, which comes into the possession
of the carrier; to provide an exception; to provide for related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 46 of the Official Code of Georgia
Annotated, relating to transportation of freight and passengers gener-
ally, is amended by striking in its entirety Code Section 46-9-2,
relating to power of common carrier to limit liability, and inserting in
lieu thereof a new Code Section 46-9-2 to read as follows:
46-9-2. A common carrier may not limit his legal liability by
any notice given either by publication or by entry on receipts given or
tickets sold, provided that a common carrier may limit his liability by
means of an express contract; provided, however, that a motor
common carrier of household goods and office furnishings may
require a shipper to declare a lump sum value for the shipment prior
to loading or accept the per pound released value as provided in the
terms of the bill of lading contract for the purpose of limiting its
liability.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 46-9-191, relating to liens of carriers for freight
694
GENERAL ACTS AND RESOLUTIONS, VOL. I
charges, and inserting in lieu thereof a new Code Section 46-9-191 to
read as follows:
46-9-191. When a carrier has complied with his contract as to
transportation, he shall have a lien on the goods for the freight
charges and may retain possession until the lien is paid, unless this
right is waived by special contract or actual delivery of the goods. If
the goods are delivered, the carrier acquires a lien for the freight
charges on and may until the lien is paid retain possession of other
goods belonging to the debtor which come into the possession of the
carrier. The immediately preceding sentence shall not apply to
consumer goods which are used or bought for use for personal, family,
or household purposes, except when a motor carrier of household
goods and office furnishings may retain possession of such goods.
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 21,1984.
ELECTIONS DUTY OF BOARDS OF REGISTRARS
TO FURNISH LIST OF QUALIFIED ELECTORS.
Code Section 21-2-234 Amended.
No. 982 (House Bill No. 1114).
AN ACT
To amend Code Section 21-2-234 of the Official Code of Georgia
Annotated, relating to the filing of certified list of qualified electors
with clerk of superior court and Secretary of State and furnishing
copies of such list, so as to change the provisions relating to the cost of
GEORGIA LAWS 1984 SESSION
695
furnishing a computer-run list or a computer tape containing such
list; to 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 21-2-234 of the Official Code of Georgia
Annotated, relating to the filing of certified list of qualified electors
with clerk of superior court and Secretary of State and furnishing
copies of such list, is amended by striking subsection (b) in its entirety
and inserting in lieu thereof a new subsection (b) to read as follows:
(b) In those counties using computers to maintain the list of
electors, it shall be the duty of the boards of registrars of such
counties to furnish a computer-run list at a cost not to exceed one-
quarter of a cent per name or a computer tape containing such list,
upon payment of a fee to cover the actual cost of providing such tape
or both the tape and the computer-run list as requested; provided,
however, that the total cost of providing such tape or computer-run
list, or both, shall not be less than $15.00.
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 21,1984.
696
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS MEANING OF PUBLIC OFFICE
SOIL AND WATER CONSERVATION DISTRICT
SUPERVISORS EXCLUDED.
Code Section 21-2-2 Amended.
No. 983 (House Bill No. 1118).
AN ACT
To amend Code Section 21-2-2 of the Official Code of Georgia
Annotated, relating to definitions applicable to the Georgia Election
Code, so as to provide that public office to which the Georgia
Election Code applies shall not include soil and water conservation
district supervisors; to 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 21-2-2 of the Official Code of Georgia
Annotated, relating to definitions applicable to the Georgia Election
Code, is amended by striking paragraph (25) in its entirety and
substituting in lieu thereof a new paragraph (25) to read as follows:
(25) Public office means every federal, state, and county office
to which persons can be elected by a vote of the electors under the
laws of this state, except that the term shall not include the office of
soil and water conservation district supervisor.
Section 2. This Act shall become effective upon its approval by
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 21,1984.
GEORGIA LAWS 1984 SESSION
697
MOTOR VEHICLE ACCIDENT INSURANCE
RESTORATION FEE FOR RETURN OF LICENSES
AFTER CANCELLATION OF INSURANCE.
Code Section 33-34-10 Amended.
No. 984 (House Bill No. 1201).
AN ACT
To amend Code Section 33-34-10 of the Official Code of Georgia
Annotated, relating to requirement of proof of insurance prior to
licensing of motor vehicles, so as to change the amount of restoration
fee charged for the return of any operators license, motor vehicle
license tag, and tag registration which has been suspended; to 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 33-34-10 of the Official Code of Georgia
Annotated, relating to requirement of proof of insurance prior to
licensing of motor vehicles, is amended by striking subsection (b) in
its entirety and inserting in lieu thereof a new subsection (b) to read
as follows:
(b) In cases in which the minimum insurance required by this
chapter is canceled by the insurer, upon receipt of notification of such
cancellation, the Department of Public Safety shall send a notice to
the owner of the motor vehicle that the Department of Public Safety
has been informed of the fact of the cancellation. Upon receipt of the
notice from the Department of Public Safety, it shall be the duty of
the owner of such motor vehicle, on such form provided by the
Department of Public Safety, to notify the Department of Public
Safety as to whether he has obtained the minimum coverage required
by this chapter, indicating the insurance company with which any
coverage has been obtained and the policy number or binder number
and the certificate required by the Department of Public Safety. The
information shall be furnished to the Department of Public Safety
within 15 days of the date on which the notification was mailed by the
Department of Public Safety. Such forms shall contain such addi-
tional information as may be required by the Department of Public
Safety. If that information is not received by the Department of
698
GENERAL ACTS AND RESOLUTIONS, VOL. I
Public Safety within the specified time period or if no minimum
insurance coverage has been obtained, the Department of Public
Safety shall suspend the motor vehicle operators license of the owner
and the motor vehicle license tag issued to such motor vehicle and the
Department of Public Safety shall require the owner of the motor
vehicle to forward his motor vehicle operators license and any motor
vehicle license tag and tag registration issued to such vehicle to the
Department of Public Safety. Upon satisfactory proof of compliance
with this chapter, the commissioner of public safety shall return any
operators license, motor vehicle license tag, and tag registration
suspended under this Code section to the owner of the motor vehicle;
provided, however, that, in cases where the operators license and
motor vehicle license tag are suspended, the owner shall be required
to submit proof of compliance with this chapter and the payment of a
$25.00 restoration fee to the Department of Public Safety in order to
receive his operators license, motor vehicle license tag, and tag
registration; provided, further, that, in cases where the operators
license and motor vehicle license tag have been suspended under this
subsection for a second or subsequent time during any two-year
period, the Department of Public Safety shall suspend the motor
vehicle operators license and the motor vehicle license tag for a
period of 60 days; and the suspension shall remain in effect until the
owner submits proof of compliance with this chapter and the pay-
ment of a $25.00 restoration fee to the Department of Public Safety.
Section 2. This Act shall become effective upon its approval by
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 21,1984.
GEORGIA LAWS 1984 SESSION
699
HEALTH PROFESSIONALS PEER REVIEW '-*
CERTAIN DEFINITIONS CHANGED.
Code Section 31-7-131 Amended.
No. 985 (House Bill No. 1276).
AN ACT
To amend Article 6 of Chapter 7 of Title 31 of the Official Code of
Georgia Annotated, relating to peer review groups for certain health
professionals, so as to change certain definitions relating to peer
review groups; to provide for confidentiality of records of certain
review organizations; 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 6 of Chapter 7 of Title 31 of the Official Code
of Georgia Annotated, relating to peer review groups for certain
health professionals, is amended by striking Code Section 31-7-131,
relating to definitions regarding peer review groups, in its entirety
and inserting in lieu thereof a new Code Section 31-7-131 to read as
follows:
31-7-131. As used in this article, the term:
(1) Peer review means the procedure by which professional
health care providers evaluate the quality and efficiency of ser-
vices ordered or performed by other professional health care
providers, including practice analysis, inpatient hospital and
extended care facility utilization review, medical audit, ambula-
tory care review, claims review, underwriting assistance, and the
compliance of a hospital, nursing home, convalescent home, or
other health care facility operated by a professional health care
provider with the standards set by an association of health care
providers and with applicable laws, rules, and regulations.
(2) Professional health care provider means an individual
who is licensed, or an organization which is approved, to practice
or operate in the health care field under the laws of Georgia,
700
GENERAL ACTS AND RESOLUTIONS, VOL. I
including, but not limited to, the following individual or organiza-
tions:
(A) A physician;
(B) A dentist;
(C) A podiatrist;
(D) A chiropractor;
(E) An optometrist;
(F) A psychologist;
(G) A pharmacist;
(H) A registered or practical nurse;
(I) A physical therapist;
(J) An administrator of a hospital, a nursing or conva-
lescent home, or other health care facility; and
(K) A corporation or other organization operating a
hospital, a nursing or convalescent home, or other health care
facility.
(3) Review organization means any panel, committee, or
organization which is primarily composed of professional health
care providers or which provides professional liability insurance
for health care providers and which engages in or utilizes peer
reviews and gathers and reviews information relating to the care
and treatment of patients for the purposes of:
(A) Evaluating and improving the quality of health
care rendered;
(B) Reducing morbidity or mortality; or
(C) Evaluating claims against health care providers or
engages in underwriting decisions in connection with profes-
sional liability insurance coverage for health care providers.
GEORGIA LAWS 1984 SESSION
701
Section 2. Said article is further amended by striking Code
Section 31-7-133, relating to confidentiality of certain records, in its
entirety and inserting in lieu thereof a new Code Section 31-7-133 to
read as follows:
31-7-133. Except in proceedings alleging violation of this arti-
cle, the proceedings and records of a review organization shall be held
in confidence and shall not be subject to discovery or introduction
into evidence in any civil action arising out of or otherwise directly
related to the matters which are the subject of evaluation and review
by such organization; and no person who was in attendance at a
meeting of such organization 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 organization or as to any
findings, recommendations, evaluations, opinions, or other actions of
such organization or any members thereof. However, information,
documents, or records otherwise available from original sources are
not to be construed as immune from discovery or used in any such
civil action merely because they were presented during proceedings of
such organization, nor should any person who testifies before such
organization or who is a member of such organization be prevented
from testifying as to matters within his knowledge; but such witness
cannot be asked about his testimony before such organization or
about opinions formed by him as a result of the organization hear-
ings.
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 21,1984.
702
GENERAL ACTS AND RESOLUTIONS, VOL. I
SUPERIOR COURTS LAW CLERKS AUTHORIZED
IN CERTAIN CIRCUITS QUALIFICATIONS,
DUTIES, COMPENSATION.
Code Section 15-6-28.1 Amended.
No. 986 (House Bill No. 1332).
AN ACT
To amend Code Section 15-6-28.1 of the Official Code of Georgia
Annotated, relating to law clerks for judicial circuits having institu-
tions for carrying out death sentences, so as to revise the method and
amount of compensation for such law clerks; to provide qualifications
for the position of law clerk; to 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 15-6-28.1 of the Official Code of Georgia
Annotated, relating to law clerks for judicial circuits having institu-
tions for carrying out death sentences, is amended by striking said
Code section in its entirety and inserting in its place a new Code
Section 15-6-28.1 to read as follows:
15-6-28.1. (a) As used in this Code section, the term:
(1) Chief judge means the judge of the superior courts of a
judicial circuit or, in those judicial circuits having more than one
judge, the judge of the superior courts with the longest period of
service.
(2) Judicial circuit means any judicial circuit of this state
wherein there is an institution of the state designated by the
Department of Offender Rehabilitation for carrying out the death
sentence.
(b) (1) The chief judge of each judicial circuit is authorized to
employ a law clerk whose primary duty shall be to assist the court
in handling appeals made by individuals awaiting execution. The
law clerk shall have such additional duties as may be prescribed by
GEORGIA LAWS 1984 SESSION
703
the chief judge. To be eligible for the position as law clerk, a
person must be an active member of the State Bar of Georgia or
eligible to take the State Bar examination. The law clerk
employed by the chief judge shall be an employee of the judicial
branch of the state government and in the unclassified service of
the State Merit System of Personnel Administration, shall possess
such additional qualifications as shall be determined by the chief
judge, and shall serve at the pleasure of the chief judge.
(2) An amount not to exceed $18,500.00 per year for the
salary of the law clerk shall be paid in equal monthly installments
from state funds appropriated or otherwise made available for the
operation of the superior courts. Effective July 1,1984, the salary
amount provided by this paragraph shall be increased in the same
manner, effective on the same date, as may be appropriated for
any across-the-board increase for members of the classified ser-
vice of the State Merit System of Personnel Administration,
provided that funds are appropriated to fund such increase. Each
county within the judicial circuit is authorized to supplement the
salary of the law clerk.
(c) The chief judge of a judicial circuit employing a law clerk
pursuant to subsection (b) of this Code section shall notify the
director of the Fiscal Division of the Department of Administrative
Services of the name and salary of the law clerk at least 15 days prior
to the effective date of the employment of the law clerk. It shall also
be the duty of the chief judge to notify the director of the Fiscal
Division of the Department of Administrative Services of any change
in the status or salary of the law clerk. The chief judge shall be
authorized to designate the county of the judicial circuit wherein such
law clerk shall maintain his office and carry out his duties; and the
governing authority of the county so designated shall provide suitable
space for the law clerk.
(d) The chief judge of a judicial circuit employing a law clerk as
provided in subsection (b) of this Code section may purchase such
supplies and equipment as may be necessary to enable the law clerk to
carry out his duties and responsibilities. The funds necessary to pay
for such supplies and equipment shall come from funds appropriated
or otherwise made available for the operation of the superior courts.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
704
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
STATE EXAMINING BOARDS INVESTIGATORS
POWERS, DUTIES, ETC.
Code Section 43-1-5 Amended.
No. 987 (House Bill No. 1416).
AN ACT
To amend Code Section 43-1-5 of the Official Code of Georgia
Annotated, relating to investigators for state examining boards and
the office of the joint-secretary, so as to repeal the provisions relating
to bonds for investigators to carry firearms; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-1-5 of the Official Code of Georgia
Annotated, relating to investigators for state examining boards and
the office of the joint-secretary, is amended by striking subsection (a)
in its entirety and inserting in lieu thereof a new subsection (a) to read
as follows:
(a) Persons hired for the purpose of conducting investigations
for the state examining boards and the office of the joint-secretary
shall be designated as investigators and any person so designated
shall have all the powers of a peace officer of this state when engaged
in the enforcement of this title or of any of the laws creating or related
to the state examining boards. Such investigators shall be authorized,
upon the written approval of the joint-secretary, notwithstanding
Code Sections 16-11-126,16-11-128, and 16-11-129, to carry firearms
of a caliber not greater than the standard police .38 handgun.
GEORGIA LAWS 1984 SESSION
705
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 21,1984.
FLINT JUDICIAL CIRCUIT COUNTY
SUPPLEMENTS TO SALARIES OF JUDGES,
DISTRICT ATTORNEY, AND CHIEF ASSISTANT.
No. 1019 (House Bill No. 1493).
AN ACT
To provide supplements to the salaries of the judges of superior
court, the district attorney, and the chief assistant district attorney of
the Flint Judicial Circuit; to provide the amount and method of
payment of such supplements; to provide the proportion of such
supplements which each county shall pay; to provide that such
supplements shall be expenses 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. The governing authorities of the Counties of Butts,
Henry, Lamar, and Monroe, such counties comprising the Flint
Judicial Circuit, shall provide from county funds supplements to the
compensation received from state funds for each judge of superior
court, the district attorney, and the chief assistant district attorney.
The annual amount of such supplements shall be $6,000.00 for each
judge, $6,000.00 for the district attorney, and $3,000.00 for the chief
assistant district attorney.
Section 2. The counties of the Flint Judicial Circuit shall pay
annually the amounts of such supplements in proportions as provided
in this section. Henry County shall pay $2,400.00 for each judge of
superior court, $2,400.00 for the district attorney, and $1,200.00 for
706
GENERAL ACTS AND RESOLUTIONS, VOL. I
the chief assistant district attorney. The Counties of Butts, Lamar,
and Monroe shall each pay $1,200.00 for each judge of superior court,
$1,200.00 for the district attorney, and $600.00 for the chief assistant
district attorney.
Section 3. The supplements provided in this Act shall be paid to
each officer in equal monthly installments.
Section 4. It shall be the duty of each county governing
authority of the Flint Judicial Circuit to pay the proportionate
amount assessed against each such county under Section 2 of this Act.
The supplements provided in this Act are declared to be expenses of
the superior courts.
Section 5. The duty imposed on a county by this Act to provide
supplements to the officers named in this Act shall not become
effective until such county approves this Act by resolution of the
county governing authority. The action of each county shall stand
separate from other counties of the Flint Judicial Circuit. Once
approved by a county, the supplements provided by this Act may not
be diminished or withdrawn unless provided by local law. No
supplement may be diminished or withdrawn from a judge or the
district attorney during a term of office.
Section 6. This Act shall become effective on July 1,1984.
Section 7. 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 1984
session of the General Assembly of Georgia a bill to create an Act
which provides for a supplement to the compensation of the judge,
district attorney, and chief assistant district attorney of the Superior
Courts of the Flint Judicial Circuit; and for other purposes.
This the 6th day of January, 1984.
GEORGIA LAWS 1984 SESSION
707
Bill Jones
Representative,
78th District
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 Jackson Progress-Argus which is the
official organ of Butts County, on the following date: January 11,
1984.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 1st day of February, 1984.
/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 1984
session of the General Assembly of Georgia a bill to create an Act
which provides for a supplement to the compensation of the judge,
district attorney, and chief assistant district attorney of the Superior
Courts of The Flint Judicial Circuit and for the payment of such
supplement in specified amounts by the counties comprising the Flint
Judicial Circuit; and for other purposes.
708
GENERAL ACTS AND RESOLUTIONS, VOL. I
This the 17th day of January, 1984.
Wesley Dunn
Representative,
73rd District
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 date: January 25,1984.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 1st day of February, 1984.
/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 1984
session of the General Assembly of Georgia a bill to create an Act
which provides for a supplement to the compensation of the judge,
district attorney, and chief assistant district attorney of the Superior
Courts of The Flint Judicial Circuit and for the payment of such
GEORGIA LAWS 1984 SESSION
709
supplement in specified amounts by the counties comprising the Flint
Judicial Circuit; and for other purposes.
This the 6th day of January, 1984.
Bill Jones
Representative,
78th District
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 News Gazette which is the official
organ of Lamar County, on the following date: January 11,1984.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 1st day of February, 1984.
/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 1984
session of the General Assembly of Georgia a bill to create an Act
710
GENERAL ACTS AND RESOLUTIONS, VOL. I
which provides for a supplement to the compensation of the judge,
district attorney, and chief assistant district attorney of the Superior
Courts of The Flint Judicial Circuit and for the payment of such
supplement in specified amounts by the counties comprising the Flint
Judidial Circuit; and for other purposes.
This the 6th day of January, 1984.
Kenneth Waldrep
Representative,
80th District
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 date: January
18,1984.
/s/ Kenneth Waldrep
Representative,
80th District
Sworn to and subscribed before me,
this 1st day of February, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 21,1984.
GEORGIA LAWS 1984 SESSION
711
CHATTAHOOCHEE JUDICIAL CIRCUIT fcol
MAXIMUM COMPENSATION OF ASSISTANT
DISTRICT ATTORNEY.
No. 1057 (House Bill No. 1449).
AN ACT
To amend an Act abolishing the fee system in the Superior Courts
of the Chattahoochee Judicial Circuit, as applied to the office of
district attorney, and providing for the payment of the salary of said
district attorney, approved August 20,1917 (Ga. L. 1917, p. 283), as
amended, particularly by an Act approved March 19, 1981 (Ga. L.
1981, p. 436), so as to change the maximum compensation of the
assistant district attorney; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system in the Superior
Courts of the Chattahoochee Judicial Circuit, as applied to the office
of district attorney, and providing for the payment of the salary of
said district attorney, approved August 20,1917 (Ga. L. 1917, p. 283),
as amended, particularly by an Act approved March 19,1981 (Ga. L.
1981, p. 436), is amended by striking Section 2A in its entirety and
inserting in lieu thereof a new Section 2A to read as follows:
Section 2A. The district attorney of the Chattahoochee Judi-
cial Circuit is authorized to appoint an assistant district attorney who
shall assist the district attorney in carrying out his duties and
functions in the Superior Court of Muscogee County. Said assistant
district attorney shall serve at the pleasure of the district attorney of
the Chattahoochee Judicial Circuit. In carrying out his functions and
duties in the Superior Court of Muscogee County, said assistant
district attorney shall be clothed with all the authority of the district
attorney. Said assistant district attorney shall be compensated in an
amount not less than $16,000.00 per annum nor more than $28,000.00
per annum, said amount to be determined by the district attorney and
to be paid in equal monthly installments from the funds of Muscogee
County. The assistant district attorney authorized pursuant to this
section shall devote his full time to the duties of his office and shall
not otherwise engage in the practice of law during his tenure of
office.
712
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective July 1,1984.
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 Janu-
ary, 1984 session of the General Assembly of Georgia, a bill to amend
an Act creating and establishing the office of Assistant District
Attorney of Muscogee County, Georgia, approved February 17,1966
(Ga. L. 1966, p. 18, 20, as amended, so as to change the compensation
of said office; to provide an effective date for said changes of compen-
sation; and to repeal conflicting laws; and for other purposes.
This 4th day of January, 1984.
Charles T. Staples
President,
Columbus Lawyers Club
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas B. Buck, III, who, on oath,
deposes and says that he is Representative from the 95th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbus Enquirer which is the
official organ of Muscogee County, on the following date: January 10,
1984.
/s/ Thomas B. Buck, III
Representative,
95th District
GEORGIA LAWS 1984 SESSION
713
Sworn to and subscribed before me,
this 25th day of January, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 21,1984.
CHATTAHOOCHEE JUDICIAL CIRCUIT SALARY
SUPPLEMENT OF DISTRICT ATTORNEY BY
COLUMBUS-MUSCOGEE COUNTY.
No. 1058 (House Bill No. 1451).
AN ACT
To amend an Act providing a supplement to the salary of the
district attorney of the Chattahoochee Judicial Circuit, approved
March 29,1971 (Ga. L. 1971, p. 231), as amended by an Act approved
February 28,1974 (Ga. L. 1974, p. 128), so as to change the amount of
the supplement; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a supplement to the salary of the
district attorney of the Chattahoochee Judicial Circuit, approved
March 29,1971 (Ga. L. 1971, p. 231), as amended by an Act approved
February 28, 1974 (Ga. L. 1974, p. 128), is amended by striking
Section 1 in its entirety and inserting in lieu thereof a new Section 1 to
read as follows:
714
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. The governing authority of the Consolidated Gov-
ernment of Columbus, Georgia-Muscogee County shall supplement
the state salary of the district attorney of the Chattahoochee Judicial
Circuit in the amount of $7,000.00 per annum, and such supplement
shall be paid to said district attorney in equal monthly installments
from the funds of the Consolidated Government of Columbus,
Georgia-Muscogee County.
Section 2. This Act shall become effective July 1,1984.
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 Janu-
ary, 1984 session of the General Assembly of Georgia, a bill to amend
an Act providing that the County of Muscogee shall supplement the
salary of the District Attorney of the Chattahoochee Judicial Circuit,
approved February 5, 1953 so as to change the amount of said
supplement; to provide an effective date; and for other purposes.
This 4th day of January, 1984.
Charles T. Staples
President,
Columbus Lawyers Club
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Thomas B. Buck, III, who, on oath,
deposes and says that he is Representative from the 95th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Columbus Enquirer which is the
official organ of Muscogee County, on the following date: January 10,
1984.
GEORGIA LAWS 1984 SESSION
715
/s/ Thomas B. Buck, III
Representative,
95th District
Sworn to and subscribed before me,
this 1st day of February, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 21,1984.
SOLAR ENERGY TAX CREDIT ACT OF 1984.
Code Section 48-7-29.2 Enacted.
No. 1072 (House Bill No. 1242).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of
Georgia Annotated, relating to the imposition, rate, and computation
of income tax, so as to provide for solar energy income tax credits; to
provide for a short title; to provide for limitations; to provide for rules
and regulations; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
716
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. This Act shall be known and may be cited as the
Solar Energy Tax Credit Act of 1984.
Section 2. Article 2 of Chapter 7 of Title 48 of the Official Code
of Georgia Annotated, relating to the imposition, rate, and computa-
tion of income tax, is amended by adding immediately following Code
Section 48-7-29.1 a new Code section to read as follows:
48-7-29.2. (a) Any person or corporation who files an income
tax return and who has not been claimed for that tax year as a
dependent by another Georgia taxpayer shall be allowed a credit
against such tax in an amount equal to 20 percent of the cost of
materials and installation of solar water heating systems, active solar
space heating systems, industrial and agricultural solar process heat-
ing equipment, and photovoltaic systems and 10 percent of the cost of
materials and installation of passive solar space heating systems.
Such solar systems must be installed:
(1) On premises in Georgia which are owned and controlled
by the taxpayer at the time of installation; or
(2) On newly constructed premises in Georgia which are
purchased by the taxpayer from the builder of the premises, if the
builder has not taken the credit provided by this Code section for
a solar system on the premises.
(b) The credit provided for in subsection (a) shall be taken in the
tax year in which the cost is incurred and shall not exceed $1,000.00.
(c) In the case of husband and wife filing separate returns, the
credit may be taken by either or divided between them but not more
than one such credit shall be taken in any tax year by a husband and
wife filing separately.
(d) In the case where the amount of the tax credit exceeds the
taxpayers income tax or corporate tax liability, a credit shall be
allowed the taxpayer against the succeeding years tax liability until
such credit has been exhausted.
(e) For purposes of this Code section, passive solar space heating
is the use of solar energy to heat indoor space using the principles of
GEORGIA LAWS 1984 SESSION
717
conduction, convection, and radiant heat transfer. Passive solar
space heating systems include: (1) solar collection area, (2) absorber,
(3) storage, (4) a method of heat distribution, and (5) a heat regula-
tion device; except that a system intended for daytime use only need
not have storage.
(f) The Office of Energy Resources is authorized to establish, in
accordance with Chapter 13 of Title 50, the Georgia Administrative
Procedure Act, rules and regulations for the purpose of determining
which solar energy systems shall qualify for the credit provided in
subsection (a) of this Code section.
(g) The provisions of this Code section shall apply to any quali-
fied solar energy system purchased after January 1,1984, and prior to
January 1,1990.
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 28,1984.
PUBLIC OFFICERS AND EMPLOYEES SALARIES
AND ALLOWANCES OF MEMBERS OF THE
GENERAL ASSEMBLY.
Code Section 45-7-4 Amended.
No. 1073 (House Bill No. 1264).
AN ACT
To amend Chapter 7 of Title 45 of the Official Code of Georgia
Annotated, relating to salaries and fees of state officers and employ-
718
GENERAL ACTS AND RESOLUTIONS, VOL. I
ees, so as to require documentation and accounting for certain
expenses; to change the time period for and the conditions under
which certain expenses may be reimbursed; 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 45 of the Official Code of Georgia
Annotated, relating to salaries and fees of state officers and employ-
ees, is amended by striking paragraph (22) of subsection (a) of Code
Section 45-7-4, relating to annual salaries of certain state officials,
and inserting in its place a new paragraph (22) to read as follows:
(22) Each member of the General Assem-
bly....................1........ 7,200.00
Each member of the General Assem-
bly 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 per-
sonal car when devoted to official
business as that received by other
state officials and employees.
In addition to any other compensa-
tion and allowances 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
Assembly in an amount not to
exceed $4,800.00 per year. For the
purposes of the preceding sentence,
a year shall be construed to begin on
the first day of January and end on
the last day of December in that
calendar year, except that actual
expenses for the period from the
GEORGIA LAWS 1984 SESSION
719
first day of January until the con-
vening date of the General Assem-
bly in regular session may not
exceed an amount computed by
multiplying the number of days in
that period by the per diem differ-
ential. These expenses shall be lim-
ited to one or more of the following
purposes: rents, legislative aides,
district office or offices, office sup-
plies and materials, office equip-
ment, secretarial assistance, utili-
ties, postage (which shall not be
used for a political newsletter), com-
munications, stationery, lodging,
meals, travel, and per diem differen-
tial. Per diem differential shall be
the difference between the daily
expense allowance authorized for
members of the General Assembly
and the federal per diem rate in
effect for the state capital as speci-
fied by the General Services Admin-
istration. Such expenses shall be
reimbursed upon the submission of
sworn vouchers to the legislative
fiscal office. Such sworn vouchers
shall be accompanied by a support-
ing document showing payment for
each expense claimed or an explana-
tion of the absence of such docu-
mentation, except that no such sup-
porting document shall be required
for any such expense under $25.00,
for the per diem, per diem differen-
tial, or for any mileage allowance for
use of a personal car. The Legisla-
tive Services Committee is autho-
rized to provide for policies to
ensure a detailed accounting for
expenses claimed under this para-
graph.
720
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective on January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
EMPLOYEES OF CERTAIN PRIVATE EMPLOYMENT
CENTERS INCLUDED IN STATE EMPLOYEES
HEALTH INSURANCE PLAN.
Code Section 45-18-5.2 Enacted.
No. 1074 (House Bill No. 1015).
AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of
Georgia Annotated, relating to the State Employees Health Insur-
ance Plan, so as to authorize the State Personnel Board to contract
with certain public and private nonprofit sheltered employment
centers for the inclusion in certain health insurance plans of employ-
ees working in such sheltered centers; to provide for rules and
regulations; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 18 of Title 45 of the Official Code
of Georgia Annotated, relating to the State Employees Health Insur-
ance Plan, is amended by adding a new Code Section 45-18-5.2 to read
as follows:
45-18-5.2. The board is authorized to contract with public and
private nonprofit sheltered employment centers which contract with
or employ persons within the Division of Rehabilitation Services and
GEORGIA LAWS 1984 SESSION
721
the Division of Mental Health and Mental Retardation of the Depart-
ment of Human Resources for the inclusion of employees working in
the sheltered employment centers within any health insurance plan
or plans established under this article. The board is authorized to
adopt regulations for entering into any contract. In the event any
contract is entered into, it shall be the duty of the sheltered employ-
ment center to remit any funds that may be deducted from the
earnings or other compensation of such sheltered employees for
inclusion in the health insurance fund. In addition, it shall be the
duty of the sheltered employment center to make the employer
contributions required for the operation of such plan or plans.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
EDUCATION NORTH GEORGIA COLLEGE
MILITARY SCHOLARSHIPS NUMBER OF
RECIPIENTS.
Code Title 20, Chapter 3 Amended.
No. 1075 (House Bill No. 1432).
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 change the number of persons
who shall be selected as scholarship recipients; to provide for selec-
tion of two persons from each congressional district; to provide for
other matters relative to the foregoing; to repeal conflicting laws; and
for other purposes.
722
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Code
Section 20-3-422, relating to the nomination of candidates for mili-
tary scholarships, in its entirety and substituting in lieu thereof a new
Code Section 20-3-422 to read as follows:
20-3-422. The authority shall establish and promulgate, consis-
tent with this subpart, criteria for the eligibility and award of such
scholarships. The authority shall, on or before February 1 of each
year, select and nominate 50 persons (five persons from each congres-
sional district in Georgia) from a list of persons recommended to the
authority by members of the General Assembly. From the 50 persons
so nominated, 20 shall be selected as scholarship recipients as pro-
vided in Code Section 20-3-423.
Section 2. Said subpart is further amended by striking subsec-
tion (b) of Code Section 20-3-423, relating to the creation and
composition of selection committee and duties of selection commit-
tee, 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, two persons 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 names of the recipients of the
scholarships from that congressional district; and
(3) Notify the authority of the names and addresses of the
recipients of the scholarships.
GEORGIA LAWS 1984 SESSION
723
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
WESTERN JUDICIAL CIRCUIT COUNTY
SUPPLEMENTS TO JUDGES COMPENSATION
ADDITIONAL JUDGE.
No. 1076 (House Bill No. 1223).
AN ACT
To amend an Act providing a supplement to the salary of the
judges of the Superior Courts of the Western Judicial Circuit,
approved February 16, 1950 (Ga. L. 1950, p. 295), as amended,
particularly by an Act approved February 5,1951 (Ga. L. 1951, p. 42),
so as to change the supplementary compensation to be paid to each
judge of the Superior Courts of the Western Judicial Circuit; to
amend an Act adding one additional judge of the Superior Courts of
the Western Judicial Circuit, approved March 18,1976 (Ga. L. 1976,
p. 562), as amended, particularly by an Act approved March 6,1981
(Ga. L. 1981, p. 178), so as to delete certain language relative to county
supplements; 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 salary of the
judges of the Superior Courts of the Western Judicial Circuit,
approved February 16, 1950 (Ga. L. 1950, p. 295), as amended,
particularly by an Act approved February 5,1951 (Ga. L. 1951, p. 42),
is amended by striking Section 1 of said Act in its entirety and
inserting in lieu thereof a new Section 1 to read as follows:
724
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. The governing authorities of the counties which
comprise the Western Judicial Circuit shall provide supplementary
compensation to the judges of the Western Judicial Circuit in the
amounts provided for in this section. Clarke County shall pay to each
judge the sum of $8,600.00 per annum. Oconee County shall pay to
each judge the sum of $1,200.00 per annum. These sums shall be
payable in equal monthly installments from the funds of the coun-
ties.
Section 2. An Act adding one additional judge of the Superior
Courts of the Western Judicial Circuit, approved March 18,1976 (Ga.
L. 1976, p. 562), as amended, particularly by an Act approved March
6,1981 (Ga. L. 1981, p. 178), is amended by striking Section 5 of said
Act in its entirety and inserting in lieu thereof a new Section 5 to read
as follows:
Section 5. The qualifications of such additional judge and his
successors shall be the same as are now provided by law for all other
superior court judges and the compensation, salary, and expense
allowances from the State of Georgia and from the counties of that
circuit shall be the same as that of the other judge of the Superior
Courts of the Western Judicial Circuit.
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 local legislation will be introduced at
the regular 1984 Session of the General Assembly of Georgia provid-
ing for supplementary compensation for the judges of the Superior
Courts of the Western Judicial Circuit by the counties of the circuit
and for other purposes.
This 13th day of January, 1984.
GEORGIA LAWS 1984 SESSION
725
Paul C. Broun
Senator,
46th District
Hugh Logan
Representative,
67th District
Bob Argo
Representative,
68th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy Lambert, who, on oath,
deposes and says that he is Representative from the 66th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Athens Banner Herald which is the
official organ of Clarke County, on the following date: January 13,
1984.
/s/ E. Roy Lambert
Representative,
66th District
Sworn to and subscribed before me,
this 16th day of January, 1984.
/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 local legislation will be introduced at
the regular 1984 Session of the General Assembly of Georgia provid-
ing for supplementary compensation for the judges of the Superior
Courts of the Western Judicial Circuit by the counties of the circuit
and for other purposes.
726
GENERAL ACTS AND RESOLUTIONS, VOL. I
This 12th day of January, 1984.
Paul C. Broun
Senator,
46th District
E. R. Lambert
Representative,
66th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, E. Roy Lambert, who, on oath,
deposes and says that he is Representative from the 66th District, and
that the attached copy of Notice of Intention to Introduce Local
Legislation was published in the Oconee Enterprise which is the offi-
cial organ of Oconee County, on the following date: January 12,1984.
/s/ E. Roy Lambert
Representative,
66th District
Sworn to and subscribed before me,
this 16th day of January, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
727
EDUCATION SUPERVISING TEACHERS
MINIMUM STANDARDS ADDITIONAL
COMPENSATION.
Code Section 20-2-833 Enacted.
No. 1077 (House Bill No. 928).
AN ACT
To amend Part 3 of Article 17 of Chapter 2 of Title 20 of the
Official Code of Georgia Annotated, relating to payment of teachers
salaries, so as to provide for payments by the Department of Educa-
tion to public school teachers who meet certain standards and per-
form supervising teacher services; 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. Part 3 of Article 17 of Chapter 2 of Title 20 of the
Official Code of Georgia Annotated, relating to payment of teachers
salaries, is amended by adding at the end thereof a new Code section,
to be designated Code Section 20-2-833, to read as follows:
20-2-833. (a) As used in this Code section, the term:
(1) Student teaching means the full-time component of a
teacher education program in which a student preparing for the
education profession is jointly assigned by a teacher education
institution and a school system for classroom experience and
which is designated in a teacher education program approved by
the Department of Education as student teaching or internship.
(2) Supervising teacher means a public school teacher who
is employed by a local board of education and who is designated to
728
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide professional supervisory services in the supervision of a
specific student teacher.
(3) Supervising teacher services certificate means the sup-
plementary certificate available from the Department of Educa-
tion to persons who have completed a supervising teacher services
program approved by the Department of Education.
(b) The Department of Education and the Georgia Association
of Colleges of Teacher Education shall jointly establish minimum
requirements to be met by each supervising teacher.
(c) The Department of Education shall make payments to
supervising teachers for each quarter or semester in which supervis-
ing teacher services are provided as follows:
(1) A teacher who meets the minimum requirements estab-
lished pursuant to subsection (b) of this Code section and holds a
valid supervising teacher services certificate shall receive $125.00
for each such quarter or semester; and
(2) A teacher who meets the minimum requirements estab-
lished pursuant to subsection (b) of this Code section but does not
hold a valid supervising teacher services certificate shall receive
$50.00 for each such quarter or semester.
(d) Payments made under this Code section shall be in addition
to and not in lieu of any compensation otherwise payable to supervis-
ing teachers. Such payments shall be made from funds appropriated
or otherwise available to the Department of Education. In the event
that in any fiscal year sufficient funds are not appropriated or
available to make the full amount of all payments provided for in this
Code section, the payment to each supervising teacher shall be
reduced pro rata.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
729
LEASE TO HENRY COUNTY SOIL AND WATER
CONSERVATION DISTRICT OR HENRY COUNTY.
No. 56 (House Resolution No. 572).
A RESOLUTION
Authorizing the lease of certain state owned real property located
in Henry County, Georgia, to the Henry County Soil and Water
Conservation District or Henry County for use as an environmental
classroom; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located within Henry County, Georgia, and comprising
approximately 80 acres, more or less, which real property is more
particularly described as follows:
All that tract or parcel of land situate, lying and being in Land
Lots 157,163 and 164 of the Seventh Land District of Henry County,
Georgia, containing 80.00 acres and being more specifically shown
and designated as Tract A and Tract B on that certain plat of
survey entitled Plat of Boundary Line Survey-William Henry
Simpson et al prepared by Kenneth E. Presley Associates, Inc., more
particularly Kenneth E. Presley, Georgia Registered Land Surveyor
No. 1327 on June 13,1978, a copy of said plat being recorded in Plat
Book 7, page 96 in the office of the Clerk of the Superior Court of
Henry County, Georgia, which said plat is incorporated in and made a
part of this description by reference.
From said plat, said property may be more particularly described
as follows: TO LOCATE THE REAL POINT OF BEGINNING,
begin at an iron pin located on the northeasterly right-of-way of the
By-Pass Road, which said iron pin is located at a point where the
southerly margin of Land Lot 163 of the Seventh Land District of
Henry County, Georgia, intersects the northeasterly right-of-way of
the By-Pass Road; thence North 88 degrees 29 minutes East a
distance of 793.6 feet to an iron pin; thence North 89 degrees 59
minutes East a distance of 583.5 feet to an iron pin; thence North 9
degrees 59 minutes East a distance of 812.29 feet to an iron pin and
the Real POINT OF BEGINNING; thence from said real point of
beginning South 89 degrees 01 minutes East a distance of 1980.37 feet
to the centerline of Camp Creek; thence in a generally northerly
730
GENERAL ACTS AND RESOLUTIONS, VOL. I
direction along the centerline of Camp Creek the following courses
and distances, North 34 degrees 42 minutes 06 seconds West a
distance of 263.56 feet to a point, North 03 degrees 13 minutes 27
seconds East a distance of 148.86 feet to a point, North 17 degrees 30
minutes 06 seconds West a distance of 278.4 feet to a point, North 26
degrees 13 minutes 25 seconds West a distance of 101.35 feet to a
point, North 19 degrees 05 minutes 13 seconds West a distance of
145.19 feet to a point, North 10 degrees 56 minutes 52 seconds West a
distance of 688.34 feet to a point, North 10 degrees 56 minutes 35
seconds West a distance of 589.96 feet to a point, North 12 degrees 47
minutes 24 seconds West a distance of 282.98 feet to a point located
on the southerly right-of-way of State Route No. 20, which said point
is the point of intersection of the centerline of Camp Creek with the
southerly right-of-way of State Route No. 20; thence South 68 degrees
13 minutes 48 seconds West a distance of 260.8 feet to an iron pin;
thence South 14 degrees 25 minutes 52 seconds East a distance of 40.7
feet to an iron pin; thence South 84 degrees 14 minutes 08 seconds
West a distance of 206.85 feet to an iron pin; thence South 77 degrees
01 minutes 55 seconds West a distance of 114.37 feet to a point;
thence South 81 degrees 18 minutes 21 seconds West a distance of
171.15 feet to a point; thence South 86 degrees 11 minutes 24 seconds
West a distance of 142.18 feet to a point; then South 89 degrees 59
minutes 12 seconds West a distance of 255.4 feet to an iron pin placed
on the southern right-of-way of Georgia State Route No. 20; thence
South 0 degrees 10 minutes West a distance of 380.7 feet to an iron
pin; thence South 89 degrees 05 minutes West a distance of 210.1 feet
to an iron pin; thence South 0 degrees 59 minutes West a distance of
1037.32 feet to an iron pin; thence South 0 degrees 59 minutes West a
distance of 562.19 feet to an iron pin; thence South 0 degrees 59
minutes West a distance of 154.8 feet to an iron pin and the POINT of
beginning.
From said plat said property is bounded on the North by property
of Hampton East Company and the southerly right-of-way of Georgia
State Route No. 20; on the East by property of the Henry County
Work Camp and by property of Watkins Motor Lines, Inc. et al; on
the South by property of Watkins Motor Lines, Inc. et al; and on the
West by property of Hampton East Company.;
and
WHEREAS, said real property was purchased by the State of
Georgia as a site for the construction of a community correctional
center but was never used for this purpose; and
GEORGIA LAWS 1984 SESSION
731
WHEREAS, a resolution of the General Assembly, approved
March 21,1980 (Ga. L. 1980, p. 799), declared said real property to be
surplus and authorized it to be sold by and through the State
Properties Commission, but said real property has not been so sold;
and
WHEREAS, the Henry County Soil and Water Conservation
District desires to obtain said real property for use as an environ-
mental classroom.
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 the leasing of said property by and
through the State Properties Commission to the Henry County Soil
and Water Conservation District or Henry County for use as an
environmental classroom is in the public interest of this state.
Section 2. That a resolution authorizing said real property to be
sold by and through the State Properties Commission, approved
March 21,1980 (Ga, L. 1980, p. 799), is repealed in its entirety.
Section 3. That the State Properties Commission is authorized
to lease said real property to the Henry County Soil and Water
Conservation District or Henry County for use as an environmental
classroom. Said lease shall be for a term of five years and a considera-
tion of $250.00 per year and upon such other terms and conditions as
the State Properties Commission shall in its discretion determine to
be in the best interests of the State of Georgia.
Section 4. That if a bona fide offer is received by the State
Properties Commission from a prospective purchaser then the Henry
County Soil and Water Conservation District or Henry County will be
given an opportunity to purchase said property under the same terms
and conditions as the original offer. If this right of first refusal is not
exercised, the lease agreement authorized by this resolution shall be
canceled and the property conveyed to the original offeror.
Section 5. That the State of Georgia, acting by and through its
State Properties Commission, is authorized and empowered to convey
the above-described real property by quitclaim deed to the Henry
County board of commissioners or a purchaser approved by the State
Properties Commission.
732
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. That the consideration for said conveyance shall be
determined by the State Properties Commission. If the conveyance is
to a nongovernmental purchaser, the consideration shall be the fair
market value of such property.
Section 7. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 8. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Approved March 28,1984.
AUTHORIZING RENTAL AGREEMENT WITH THE
GEORGIA TRUST FOR HISTORIC
PRESERVATION, INC.
No. 57 (House Resolution No. 587).
A RESOLUTION
Authorizing the State Properties Commission, acting for and on
behalf of the State of Georgia and its Department of Archives and
History, to enter into a rental agreement, as that term is defined in
paragraph (9) of Code Section 50-16-31 of the Official Code of
Georgia Annotated, concerning certain state owned improved real
property located within the City of Atlanta, Fulton County, Georgia,
and known as Rhodes Memorial Hall, with The Georgia Trust For
Historic Preservation, Inc.; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, on June 10,1929, J. D. Rhodes and Louanna Rhodes
Bricker, as executors of the estate of A. G. Rhodes, deceased, and as
sole legatees under the will of A. G. Rhodes, and as sole heirs at law of
GEORGIA LAWS 1984 SESSION
733
A. G. Rhodes, conveyed, as a gift to the State of Georgia, by a deed
recorded in Deed Book 1275, page 323, in the office of the clerk of the
Superior Court of Fulton County, Georgia, that certain improved real
property located at 1516 Peachtree Street, N. E., Atlanta, Fulton
County, Georgia, currently known as Rhodes Memorial Hall; and
WHEREAS, the operation of Rhodes Memorial Hall has been
administered by the Department of Archives and History, a division
of the office of the Secretary of State; and
WHEREAS, The Georgia Trust For Historic Preservation, Inc.,
hereinafter throughout this resolution referred to as the Trust, is a
nonprofit Georgia corporation dedicated to promoting the apprecia-
tion and preservation of the cultural heritage of Georgia, including
historic structures located throughout Georgia; and
WHEREAS, the custody of Rhodes Memorial Hall is currently
vested in the State Properties Commission; and
WHEREAS, under a rental agreement dated July 19, 1983, with
the State Properties Commission, which is acting for and on behalf of
the State of Georgia and its Department of Archives and History, a
division of the office of the Secretary of State of the State of Georgia,
the Trust is occupying and using Rhodes Memorial Hall as its
headquarters, as a museum, exhibit and lecture hall facility, and as a
facility for receptions, public meetings, and other means of promoting
the appreciation and preservation of the cultural heritage of Georgia;
and
WHEREAS, all parties to the said rental agreement desire that
such Trust continue to occupy and use Rhodes Memorial Hall for a
term which shall end not later than September 1,1993; and
WHEREAS, it is in the best interest of the State of Georgia that
such Trust continue to occupy and use Rhodes Memorial Hall in
order to promote the appreciation and preservation of the cultural
heritage of Georgia, including historic structures located throughout
Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY
THE GENERAL ASSEMBLY OF GEORGIA:
734
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. That the State of Georgia is the owner of that certain
improved real property located at 1516 Peachtree Street, N. E.,
Atlanta, Fulton County, Georgia, currently known as Rhodes Memo-
rial Hall.
Section 2. That the State Properties Commission, acting for and
on behalf of the State of Georgia and its Department of Archives and
History, is authorized and empowered to enter into a rental agree-
ment, as that term is defined in paragraph (9) of Code Section 50-16-
31 of the Official Code of Georgia Annotated, with The Georgia Trust
For Historic Preservation, Inc., for the occupancy and use of Rhodes
Memorial Hall.
Section 3. As consideration for the said rental agreement, The
Georgia Trust For Historic Preservation, Inc., shall promise the
following:
(1) That the term of the said rental agreement shall end not later
than September 1,1993;
(2) That The Georgia Trust For Historic Preservation, Inc., will
occupy and use Rhodes Memorial Hall as its headquarters, and, for
the benefit of the public, as a museum, exhibit and lecture hall
facility, and as a facility for receptions, public meetings, and other
means of promoting the appreciation and preservation of the cultural
heritage of Georgia; and
(3) That The Georgia Trust For Historic Preservation, Inc.,
covenant in the said rental agreement that it shall use good faith
efforts, so that its occupancy and use of Rhodes Memorial Hall will at
all times comply with the conditions set forth in the above-referenced
deed conveying Rhodes Memorial Hall to the State of Georgia.
Section 4. That the said rental agreement shall be upon such
other terms and conditions as the State Properties Commission shall
prescribe to be in the best interests of the State of Georgia.
Section 5. That the State Properties Commission is authorized
and empowered to do all acts and things necessary to effect such
rental agreement.
Section 6. That this Act shall become effective as law immedi-
ately upon its approval by the Governor or upon its becoming law
without his approval.
GEORGIA LAWS 1984 SESSION
735
Section 7. That all laws and parts of laws in conflict with this Act
are repealed.
Approved March 28,1984.
LAND CONVEYANCE TO GRAYSVILLE METHODIST
CHURCH.
No. 58 (House Resolution No. 588).
A RESOLUTION
Authorizing the conveyance of certain state owned real property
located in Graysville, Catoosa County, Georgia; to provide an effec-
tive date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located in Graysville, Catoosa County, Georgia; and
WHEREAS, said real property is described as follows:
All that tract or parcel of land lying and being in Original Land
Lot No. 7 in the 28th District and 3rd Section of Catoosa County,
Georgia, and being more particularly described as follows: BEGIN-
NING at a point in the north right of way line of Julian Road, where
the same is intersected by the west original line of said Land Lot No.
7; thence in a northwardly direction, with and along the west original
line of said land lot a distance of 40 feet, more or less, to the southwest
corner of the property now owned by Graysville Methodist Church;
thence in an eastwardly direction, with and along the south line of the
Graysville Methodist Church property, a distance of 328 feet, more or
less to a point in the west right of line of Graysville Public Road;
thence in a southerly direction, with and along the west right of way
line of Graysville Public Road, a distance of 80 feet, more or less to its
intersection with the north right of way line of Julian Public Road;
thence in a westwardly direction, with and along the north right of
736
GENERAL ACTS AND RESOLUTIONS, VOL. I
way line of Julian Public Road, a distance of 350 feet, more or less to
the point of beginning. Being further described as a portion of parcel
No. 4 in Land Lot 7 as shown on Western and Atlantic Railroad
Valuation Map No. V2/58 which is filed in the Georgia Department of
Archives and History, Archives and Records Building, Atlanta,
Fulton County, Georgia. (This parcel will be more particularly shown
on a plat of survey that will be caused to be prepared by the grantee
and presented to the State Properties Commission for approval.);
and
WHEREAS, the State of Georgia currently has the above-
described property leased to the Seaboard System Railroad until
December 31,1994; and
WHEREAS, this parcel has been severed from the remaining
portion of state property by a county road; and
WHEREAS, Graysville Methodist Church owns property adjoin-
ing the above-described real property; and
WHEREAS, Graysville Methodist Church is desirous of obtaining
all of the above-described real property for addition 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.
Section 3. That the above-described real property shall be sold
and conveyed by appropriate instrument to the Graysville Methodist
Church, or an appropriate purchaser approved by the State Proper-
ties Commission, by the State of Georgia, acting by and through the
State Properties Commission, for the fair market value determined
GEORGIA LAWS 1984 SESSION
737
by the State Properties Commission and upon such further consider-
ations and provisions as directed by the State Properties Commis-
sion.
Section 4. That a plat or survey shall be prepared by the
Graysville Methodist Church, suitable for recording in Catoosa
County, and presented to the executive director of the State Proper-
ties Commission for his approval.
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 28,1984.
LAND CONVEYANCE TO THE SUMTER COUNTY
BOARD OF COMMISSIONERS.
No. 59 (House Resolution No. 590).
A RESOLUTION
Authorizing the State of Georgia, acting by and through its State
Properties Commission, to convey certain state owned real property
located in Sumter County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, in August, 1954, Mrs. Martha B. Davis conveyed to
Tom Linder, Commissioner of Agriculture of the State of Georgia,
and his successors in office, by virtue of a deed recorded in Deed Book
48, Page 308 in the office of the clerk of the Superior Court of Sumter
County, Georgia, certain real property located in Sumter County,
Georgia, hereinafter sometimes referred to as the said real prop-
erty; and
738
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, the custody of the said real property is vested in the
Department of Agriculture; and
WHEREAS, the said real property is described in the above-
referenced deed as follows:
15 acres of land in Lot No. 184 in the 27th District of Sumter
County, Georgia, described as follows:
Beginning at a point where the south lot line of land lot No. 184 in
the 27th District of Sumter County, Georgia intersects the east line of
the right-of-way of U. S. Highway 19 and running thence south 89
degrees 40 minutes east a distance of 1044 feet along the south lot line
of lot No. 184 in said District and along a fence and hedgerow; thence
north 0 degrees 40 minutes west a distance of 626 feet to a three-
quarter inch iron stake; thence south 89 degrees 40 minutes west 1044
feet to the east line of the right-of-way of U.S. Highway 19; thence
south 0 degrees 40 minutes east along the east line of the right-of-way
of U.S. Highway 19 a distance of 626 feet to the point of beginning.;
and
WHEREAS, said real property is also shown on a certain plat of
survey dated August 7, 1967, prepared for the State of Georgia
Department of Agriculture by James R. Littlefield, Georgia Regis-
tered Land Surveyor No. 1304, recorded in Plat Book 5, Page 136 in
the office of the clerk of the Superior Court of Sumter County,
Georgia; and
WHEREAS, the said real property is no longer needed by the
Department of Agriculture or the State of Georgia, and is, therefore,
surplus; and
WHEREAS, the Sumter County Board of Commissioners desires
to acquire the said real property for governmental use.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
(1) That the State of Georgia is the owner of the said real
property;
GEORGIA LAWS 1984 SESSION
739
(2) 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;
(3) That the State of Georgia, acting by and through its State
Properties Commission, is authorized and empowered to convey the
above-described said real property by quitclaim deed to the Sumter
County Board of Commissioner* or a purchaser approved by the
State Properties Commission;
(4) That the consideration for said conveyance shall be deter-
mined by the State Properties Commission; provided, however, that,
if the conveyance is to a nongovernmental purchaser, the considera-
tion shall be the fair market value of such property;
(5) That the conveyance of the said real property shall be upon
such other terms and conditions as shall be prescribed by the State
Properties Commission;
(6) That the State Properties Commission is authorized and
empowered to do all acts and things necessary and proper to effect
such conveyance; and
(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 plat of the said
real property referenced above shall constitute an acceptable plat for
filing with the Secretary of State.
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.
BE IT FURTHER RESOLVED that all laws and parts of laws in
conflict with this resolution are repealed.
Approved March 28,1984.
740
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAND CONVEYANCE TO THE WASHINGTON
COUNTY BOARD OF COMMISSIONERS.
No. 60 (House Resolution No. 621).
A RESOLUTION
Authorizing the State of Georgia, acting by and through its State
Properties Commission, to convey certain state owned real property
located in Washington County, Georgia; to provide an effective date;
to repeal conflicting laws; and for other purposes.
WHEREAS, on October 2, 1962, Riddleville Associates, Inc., a
Georgia corporation, conveyed to the State of Georgia, by virtue of a
deed recorded in Deed Book 4M, page 50, in the office of the clerk of
the Superior Court of Washington County, Georgia, certain real
property located in Washington County, Georgia, hereinafter some-
times referred to as the said real property; and
WHEREAS, the custody of the said real property is vested in the
Department of Agriculture; and
WHEREAS, the said real property is described in the above-
referenced deed as follows:
All that tract or parcel of land lying and being in Riddleville,
1253rd G. M. District Washington County, Georgia, fronting on the
Riddleville-Bartow Highway a distance of 234 feet more or less, and
running back of uniform width a distance of 272 feet, more or less, and
bounded as follows: North by the Riddleville-Bartow Highway; East
by property of Gaston Dukes South and West by property of
Riddleville-Associates, Inc. All four corners of lot are marked by iron
pins, and all boundaries are straight lines.;
and
WHEREAS, the said real property is no longer needed by the
Department of Agriculture or the State of Georgia and is, therefore,
surplus; and
WHEREAS, the Washington County Board of Commissioners
desires to acquire the said real property for governmental use.
GEORGIA LAWS 1984 SESSION
741
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the said real
property.
Section 2. 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 3. That the State of Georgia, acting by and through its
State Properties Commission, is authorized and empowered to convey
the above-described said real property by quitclaim deed to the
Washington County Board of Commissioners or a purchaser
approved by the State Properties Commission.
Section 4. That the consideration for said conveyance shall be
determined by the State Properties Commission. If the conveyance is
to a nongovernmental purchaser, the consideration shall be the fair
market value of such property.
Section 5. That the conveyance of the said real property shall be
upon such other terms and conditions as shall be prescribed by the
State Properties Commission.
Section 6. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
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 drawing of the
said real property, prepared by the Department of Agriculture, dated
January 24, 1984, shall constitute an acceptable plat for filing with
the Secretary of State.
Section 8. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
742
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28,1984.
LAND CONVEYANCE TO THE CITY OF SWAINSBORO.
No. 61 (House Resolution No. 642).
A RESOLUTION
Authorizing the Department of Transportation of the State of
Georgia to convey certain real property located in Emanuel County to
the City of Swainsboro, Georgia; to provide an effective date; to repeal
conflicting laws; and for other purposes.
WHEREAS, the Department of Transportation of the State of
Georgia is the record owner of certain real property in Emanuel
County, Georgia, which was formerly used as a maintenance shop;
and
WHEREAS, said real property is described as follows:
One certain lot located in or near the City of Swainsboro, 53rd
G. M. District, Emanuel County, Georgia, and containing 5.064 acres
of land as shown by plat of same made by J. E. Waller, Highway
Engineer, on February 23, 1961. Said plat by express reference is
made a part of this description and is recorded in Clerks Office,
Superior Court, Emanuel County, Swainsboro, Georgia, Plat Book 1,
page 364.
Being the same property conveyed by Warranty Deed from The
City Council of the City of Swainsboro to State Highway Department
of Georgia, dated March 29, 1961, filed for record July 27, 1961,
recorded in Deed Book ED, page 369, in the Office of the Clerk of the
Superior Court of Emanuel County, Georgia; and
GEORGIA LAWS 1984 SESSION
743
One certain tract or parcel of land situated, lying and being in the
53rd G. M. District of Emanuel County, Georgia and in the City of
Swainsboro, Georgia, more particularly described as follows: A 50-
foot strip of land lying adjacent to property heretofore deeded to
Georgia and running along the western edge of said property a
distance of 438.23 feet. The 50-foot strip of land being shown on a
sketch which is recorded in Plat Book 4, page 212 of the Records of
the Clerk, Superior Court of Emanuel County, Georgia, and is hereby
incorporated herein for a more full, complete, and accurate descrip-
tion of said 50-foot strip.;
and
WHEREAS, the Department of Transportation and the City of
Swainsboro entered into a lease agreement on October 14, 1983,
whereby the above-described property was leased to the City of
Swainsboro; and
WHEREAS, the above-described property is no longer needed for
public road purposes and the City of Swainsboro is desirous of
obtaining all of the above-described property.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the Department of Transportation, an agency of
the State of Georgia, is owner of the above-described real property.
Section 2. That the conveyance of the above-described real
property shall be conditioned upon the termination of the lease
agreement entered into by the Department of Transportation and the
City of Swainsboro, Georgia.
Section 3. That the above-described real property shall be
conveyed by appropriate instrument to the City of Swainsboro,
Georgia, by the Department of Transportation for a consideration to
be determined by the Department of Transportation and upon such
further conditions and provisions as directed by the Department of
Transportation.
Section 4. That this resolution shall become effective upon its
approval by the Governor or upon its becoming law without his
approval.
744
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28,1984.
LAND CONVEYANCE TO THE WILCOX COUNTY
BOARD OF COMMISSIONERS.
No. 62 (House Resolution No. 643).
A RESOLUTION
Authorizing the State of Georgia, acting by and through its State
Properties Commission, to convey certain state owned real property
located in Wilcox County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, on March 18,1960, Mrs. Ida C. Warren conveyed to
the State of Georgia, by virtue of a deed recorded in Deed Book 66,
page 138, in the office of the clerk of the Superior Court of Wilcox
County, Georgia, certain real property located in Wilcox County,
Georgia, hereinafter sometimes referred to as the said real prop-
erty; and
WHEREAS, the custody of the said real property is vested in the
Department of Agriculture; and
WHEREAS, the said real property is described in the above-
referenced deed as follows:
All that tract or parcel of land situate, lying and being in Land
Lot Number One Hundred Sixty-seven (167) in the Twelfth (12th)
land district of Wilcox County, Georgia and being particularly
described as beginning at a point on the North right of way of U.S.
Highway No. 280 a distance of 1034 feet East of the intersection of the
West lot line of said lot and the said North right of way of U.S.
GEORGIA LAWS 1984 SESSION
745
Highway No. 280 and running thence North 88 degrees 25 minutes
East along the North right of way of said U.S. Highway No. 280 for a
distance of 338.8 feet to corner in drain ditch; thence North 1 degree
35 minutes West along said drain ditch a distance of 266 feet to a
corner on the South right of way of the Seaboard Air Line Railroad
Company; thence South 85 degrees 25 minutes West along the said
Seaboard Air Line Railroad Company right of way a distance of 339
feet to corner; thence South 1 degree 35 minutes East a distance of
249.7 feet to the North right of way of U.S. Highway No. 280 and
point of beginning. Said tract of land is more particularly described
by a plat of survey made by S.Y.A. Ball, Surveyor, dated March 17,
1960 and recorded in Plat Book No. 3, Page 3, in the office of the
Clerk of the Superior Court of Wilcox County, Georgia, to which plat
and the record thereof reference is hereby made.;
and
WHEREAS, the said real property is no longer needed by the
Department of Agriculture or the State of Georgia and is, therefore,
surplus; and
WHEREAS, the Wilcox County Board of Commissioners desires
to acquire the said real property for governmental use.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the said real
property.
Section 2. 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 3. That the State of Georgia, acting by and through its
State Properties Commission, is authorized and empowered to convey
the above-described said real property by quitclaim deed to the
Wilcox County Board of Commissioners or a purchaser approved by
the State Properties Commission.
Section 4. That the consideration for said conveyance shall be
determined by the State Properties Commission. If the conveyance is
to a nongovernmental purchaser, the consideration shall be the fair
market value of such property.
746
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. That the conveyance of the said real property shall be
made upon such other terms and conditions as shall be prescribed by
the State Properties Commission.
Section 6. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
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 plat of the said
real property referenced above shall constitute an acceptable plat for
filing with the Secretary of State.
Section 8. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 9. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28,1984.
LAND CONVEYANCE TO THE CITY OF MILLEN.
No. 69 (House Resolution No. 625).
A RESOLUTION
Authorizing the State of Georgia, acting by and through its State
Properties Commission, to convey certain state owned real property
located in the City of Millen, Jenkins County, Georgia; to provide an
effective date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
747
WHEREAS, on December 22,1953, the Jenkins County Develop-
ment Company, Incorporated, conveyed to the Georgia Department
of Agriculture, Tom Linder, Commissioner, and his successors in
office, by virtue of a deed recorded in Deed Book NM, page 401 in the
office of the clerk of the Superior Court of Jenkins County, Georgia,
certain real property located in the City of Millen, Jenkins County,
Georgia, hereinafter sometimes referred to as Tract 1 of the said real
property; and
WHEREAS, Tract 1 of the said real property is described in the
above-referenced deed as follows:
All that tract or parcel of land lying and being in the City of
Millen, 1635th. G.M. District, Jenkins County, Georgia, and contain-
ing one (1) acre, more or less, and having the following dimensions
and boundaries; Fronting North two hundred ten (210) feet on the old
Sylvania Road; and having a frontage of two hundred ten (210) feet on
the East; two hundred ten (210) feet on the South; and two hundred
ten (210) feet on the West, thus forming a square. For a more definite
description see copy of plat recorded in Plat Book 3 folio 357 in the
Clerks Office of the Jenkins County Superior Court. Said plat was
made by Frank Ford, Surveyor, dated December 20, 1953, and is
adopted as a part of this description. Said lot is known as Lot No. D
of said subdivision. This subdivision is the same parcel or lot of land
that was deeded by the Jenkins County Commissioners to the
(Jenkins County Development Company, Incorporated) on Novem-
ber 8,1947 and is of record in the Clerks Office of the Jenkins County
Superior Court in Deed Book FF folios 527-9. Plat of said parcel was
made by E. G. Andrews, C. E. Dated October 20, 1947, and is of
record in Plat Book 3, folio 169.;
and
WHEREAS, on April 12,1962, the Bank of Millen conveyed to the
State of Georgia, Department of Agriculture, by virtue of a deed
recorded in Deed Book 33, page 415, in the office of the clerk of the
Superior Court of Jenkins County, Georgia, certain real property
located in the City of Millen, Jenkins County, Georgia, hereinafter
sometimes referred to as Tract 2 of the said real property; and
WHEREAS, Tract 2 of the said real property is described in the
above-referenced deed as follows:
748
GENERAL ACTS AND RESOLUTIONS, VOL. I
All that certain tract of land lying and being in the City of Millen,
the 1635th District G.M. of Jenkins County, Georgia, fronting 100
feet on Old Sylvania Road and running back in a southerly direction
for a distance of 210 feet and being bounded as follows: On the North
by Old Sylvania Road; on the East by other land of Bank of Millen; on
the South by other land of Bank of Millen and on the West by State of
Georgia Department of Agriculture, Egg Market Property.;
and
WHEREAS, on March 24,1967, the Millen Warehouse Company,
Inc., conveyed to the Georgia Department of Agriculture, by virtue of
a deed recorded in Deed Book 1-0, page 7, in the office of the clerk of
the Superior Court of Jenkins County, Georgia, certain real property
located in the City of Millen, Jenkins County, Georgia, hereinafter
sometimes referred to as Tract 3 of the said real property; and
WHEREAS, Tract 3 of the said real property is described in the
above-referenced deed as follows:
All that certain tract or parcel of land lying and being in the
1635th. G.M. District of Jenkins County, Georgia, in the City of
Millen, and being designated as Parcel #3, all as shown on a plat of
same prepared by L. B. Frye, Surveyor, Ga. Reg. #1107, dated May
21,1966, and recorded in the office of the Clerk of Superior Court of
Jenkins County, Georgia, in Plat Book 3, folio 342, which said plat is
hereby adopted and made a part of this description, being bounded as
follows: On the North by lands of the Ogeechee Valley Egg Market
Association; on the East by lands of the Millen Warehouse Company,
Inc.; on the South by lands of the Jenkins County Development
Authority; and on the West by lands of the Jenkins County Develop-
ment Authority.;
and
WHEREAS, the custody of the said Tract 1, Tract 2, and Tract 3
of the said real property, hereinafter sometimes collectively referred
to as the said real property, is vested in the Department of
Agriculture; and
WHEREAS, the said real property is no longer needed by the
Department of Agriculture or the State of Georgia and is, therefore,
surplus; and
GEORGIA LAWS 1984 SESSION
749
WHEREAS, the City of Millen desires to acquire the said real
property for governmental use.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the said real
property.
Section 2. 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 3. That the State of Georgia, acting by and through its
State Properties Commission, is authorized and empowered to convey
the above-described said real property by quitclaim deed to the City
of Millen or a purchaser approved by the State Properties Commis-
sion.
Section 4. That the consideration for said conveyance shall be
determined by the State Properties Commission. If the conveyance is
to a nongovernmental purchaser, the consideration shall be the fair
market value of such property.
Section 5. That the conveyance of the said real property shall be
upon such other terms and conditions as shall be prescribed by the
State Properties Commission.
Section 6. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
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 plats of Tract 1
and Tract 3 of the said real property referenced above and the
drawing of Tract 2 of the said real property, which drawing was
prepared by the Department of Agriculture and dated January 24,
1984, shall constitute acceptable plats for filing with the Secretary of
State.
750
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 8. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 9. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28,1984.
EASEMENT TO OGLETHORPE POWER CORPORATION.
No. 76 (House Resolution No. 476).
A RESOLUTION
Granting a perpetual easement for construction, operation and
maintenance of a transmission line across property owned by the
State of Georgia in Tattnall County, Georgia; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real
property located in the 1645th G.M.D. of Tattnall County, Georgia
which is in the custody of the Department of Offender Rehabilitation
and utilized as Reidsville Prison; and
WHEREAS, the Oglethorpe Power Corporation desires to extend
a transmission line across a portion of said property; and
WHEREAS, this transmission line across a portion of said prop-
erty will be beneficial both to the State of Georgia and the Oglethorpe
Power Corporation.
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, herein referred to as the ease-
GEORGIA LAWS 1984 SESSION
751
ment area, and that, in all matters relating to the easement area, the
State of Georgia is acting by and through its State Properties Com-
mission.
Section 2. That the State of Georgia, acting by and through its
State Properties Commission, grant to the Oglethorpe Power Corpo-
ration, its successors and assigns, a perpetual easement for the
construction, operation and maintenance of a transmission line across
the easement area for the purpose of constructing, erecting, operat-
ing, maintaining, repairing and replacing a transmission line, together
with the right of ingress and egress over adjacent land of the State of
Georgia as may be reasonably necessary to accomplish the aforesaid
purposes. Said easement area is located in the 1645th G.M.D. of
Tattnall County, Georgia and is more particularly described as fol-
lows:
TRACT 1: Commence at a point located on the northwesterly
right-of-way line of State Highway 147; thence running North 57
degrees 13 minutes West a distance of 504.65 feet to a point; thence
running South 72 degrees 15 minutes West a distance of 338.40 feet to
a point; thence running North 17 degrees 45 minutes West a distance
of 100.00 feet to a point; thence running North 72 degrees 15 minutes
East a distance of 304.64 feet to a point; thence running North 57
degrees 13 minutes West a distance of 45.23 feet to a point; thence
running North 72 degrees 15 minutes East a distance of 126.19 feet to
a point; thence running South 57 degrees 13 minutes East a distance
of 126.19 feet to a point; thence running South 72 degrees 15 minutes
West a distance of 45.23 feet to a point; thence running South 57
degrees 13 minutes East a distance of 474.38 feet to a point located on
the northwesterly right-of-way line of State Highway 147; thence
running along the northwesterly right-of-way line of State Highway
147 South 34 degrees 47 minutes West a distance of 100.06 feet to the
point of beginning; said tract being shown as parcel no. 42 on a plat of
survey approved on March 14, 1983 and labeled Stoney Hill -
Ohoopee 115 KV Transmission Line and prepared by Roland
McCann, Georgia Registered Land Surveyor No. 1752.
TRACT 2: Commence at a point located on the southeasterly
right-of-way line of State Highway 147; thence running South 57
degrees 13 minutes East a distance of 904.54 feet to a point; thence
running South 62 degrees 17 minutes West a distance of 114.90 feet to
a point; thence running North 57 degrees 13 minutes West a distance
of 851.46 feet to a point located on the southeasterly right-of-way line
752
GENERAL ACTS AND RESOLUTIONS, VOL. I
of State Highway 147; thence running along the southeasterly right-
of-way line of State Highway 147 North 34 degrees 47 minutes East a
distance of 100.06 feet to the point of beginning; said tract being
shown as parcel no. 40 on a plat of survey approved on March 14,1983
and labeled Stoney Hill - Ohoopee 115 KV Transmission Line and
prepared by Roland McCann, Georgia Registered Land Surveyor No.
1752.
Section 3. That Oglethorpe Power Corporation shall have the
right to remove from said easement area only such trees and bushes as
may be reasonably necessary for the proper construction, operation
and maintenance of said transmission line.
Section 4. That, after Oglethorpe Power Corporation has con-
structed and put into use the transmission line for which this ease-
ment is granted, a subsequent abandonment of the use thereof shall
cause a reversion to the State of Georgia, its successors and assigns, of
all the rights, title, privileges, powers, and easement granted herein.
Upon abandonment, the Oglethorpe Power Corporation, its succes-
sors and assigns, shall have the option of removing its facilities from
the easement area or leaving the same in place, in which event the
facility shall become the property of the State of Georgia, its succes-
sor and assigns.
Section 5. That no title shall be conveyed to Oglethorpe Power
Corporation and, except as herein specifically granted to Oglethorpe
Power Corporation, all rights, title and interest in and to said
easement area is reserved in the State of Georgia, which may make
any use of said easement area not inconsistent with or detrimental to
the rights, privileges and interest granted to Oglethorpe Power Cor-
poration.
Section 6. That the easement granted to Oglethorpe Power
Corporation shall contain such other terms, conditions, and cove-
nants as the State Properties Commission shall deem in the best
interest of the State of Georgia, and that the State Properties
Commission is authorized to use a more accurate description of the
easement area, so long as the description utilized by the State
Properties Commission describes the same easement area herein
granted.
Section 7. That the consideration for such easement shall be
$10.00 and the mutual benefit to the parties from the construction,
operation and maintenance of said transmission line.
GEORGIA LAWS 1984 SESSION
753
Section 8. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect the grant of the easement area.
Section 9. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 10. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28,1984.
CONVEYANCE OF CERTAIN PROPERTY LOCATED
IN FLOYD COUNTY.
No. 77 (House Resolution No. 482).
A RESOLUTION
Authorizing the conveyance of certain state owned property
located in Floyd County, Georgia; to provide an effective date; to
repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain property
known as the Old Farmers Market containing approximately two
acres located in Floyd County, Georgia; and
WHEREAS, the property was declared surplus and is currently
being leased until April 30,1984, as authorized by Ga. L. 1969, p. 1077
(Res. Act 75 passed and adopted by the 1969 General Assembly); and
WHEREAS, said property is currently under the custody and
management of the State Properties Commission; and
754
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, said real property is all that tract or parcel of land
lying and being in Floyd County, Georgia, and being described as
follows:
All that tract or parcel of land situated, lying and being in the
twenty-third District and Third Section of Floyd County, Georgia,
and being a part of what has been known as the Yancy and Mobley
Tracts and Emma J. McGhee lots, and more particularly described as
follows:
BEGINNING at a point on the northerly side of that street
designated on the map of the City of Rome made and compiled by
Dietz Brothers in 1890, as Seventh Street in New Rome, sometimes
called the Furnace Road, and being the street along which the old
dummy line formerly ran from the Cave Springs Road to the Old
Lindale Road, said point being one hundred ninety-five (195) feet
south 69D 30M east from the point where the northerly side of said
described street intersects the eastern boundary of the right of way of
the Southern Railway Company, such beginning point being marked
by an iron pipe, and from such beginning point running north 20D
30M east eight hundred twenty (820) feet to an iron pipe; thence at a
right angle south 69D 30M east sixty-five (65) feet; thence at a right
angle south 20D 30M west eight hundred twenty (820) feet to an iron
pipe on the northern side of said street; thence at a right angle north
69D 30M west sixty-five (65) feet to the beginning point. Said
property is a part of that conveyed by the Rome Chamber of Com-
merce to Coosa Valley Livestock Association by two deeds dated
March 25,1948, recorded in Book 231, Pages 104 and 105, of the deed
records of said County.
ALSO
All that tract or parcel of land situated, lying and being in the
twenty-third District and Third Section of Floyd County, Georgia,
and being part of what has been known as the Yancey and Mobley
tracts and Emma J. McGhee lots, and more particularly described as
follows:
BEGINNING at the northwesterly corner of the tract this day
conveyed by Coosa Valley Livestock Association, Inc., to Tom Linder,
as Commissioner of Agriculture of the State of Georgia, which corner
is located two hundred and sixty (260) feet south 69D 30M east from
the easterly side of the right of way of the Southern Railway Co., and
GEORGIA LAWS 1984 SESSION
755
eight hundred twenty (820) feet north 20D 30M east from the
northerly side of that street designated on the map of the city of
Rome made and compiled by Dietz Brothers in 1890, as Seventh
Street in New Rome, sometimes called the Furnace Road and being
the street along which the old dummy line formerly ran from the Cave
Springs Road to the Old Lindale Road, and from said beginning
point, running south 69D 30M east sixty-five (65) feet to an iron pipe;
thence south 20D 30M west one hundred eighty (180) feet to a point
on a line with the southeasterly side of what is known as the Potato
House on the property of the party of the first part; thence south 69D
30M east, and along the southwesterly side of said Potato House
sixty-four (64) feet to the southeast corner of said Potato House;
thence south 20D 30M west two hundred (200) feet; thence north 69D
30M west one hundred twenty-nine (129) feet to the southeasterly
side of said tract this day conveyed to Tom Linder, as Commissioner
of Agriculture of the State of Georgia, as aforesaid; thence north 20D
30M east, along the southerly side of said tract referred to above,
three hundred eighty (380) feet to the beginning point. Said property
is a part of that conveyed by Rome Chamber of Commerce to Coosa
Valley Livestock Association by two deeds dated March 25, 1948,
recorded in Book 231, pages 104 and 105 of the deed records of said
County. Said property having situated thereon one steel and masonry
building 76 x 160 feet and one concrete block building 42 x 80 feet.;
and
WHEREAS, the property is no longer useful to or needed by the
State of Georgia and, therefore, is surplus.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the above-
described property and that, in all matters relating to the conveyance
of the property, the State of Georgia is acting by and through the
State Properties Commission.
Section 2. That the State Properties Commission is authorized
to convey any or all of the above-described property for a considera-
tion not less than the fair market value upon such terms and condi-
tions as the State Properties Commission shall determine to be in the
best interests of the State of Georgia.
756
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. That the State Properties Commission is authorized
and empowered to do all acts and things necessary and proper to
effect such conveyance.
Section 4. That, 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 or drawing
of the property, the conveyance of which is authorized by this
resolution, currently on file with the State Properties Commission
shall constitute an acceptable plat for filing with the Secretary of
State.
Section 5. That this resolution shall become effective as law
immediately upon its approval by the Governor or upon its becoming
law without his approval.
Section 6. That all laws and parts of laws in conflict with this
resolution are repealed.
Approved March 28,1984.
MENTAL HEALTH TRANSFER OF CERTAIN
PATIENTS TO CUSTODY OF FEDERAL AGENCIES.
Code Section 37-3-102 Amended.
No. 1097 (Senate Bill No. 28).
AN ACT
To amend Code Section 37-3-102 of the Official Code of Georgia
Annotated, relating to the transfer of patients to the custody of
federal agencies for diagnosis, care, or treatment, so as to direct the
department to transfer patients eligible for hospital care or treatment
GEORGIA LAWS 1984 SESSION
757
by the United States Veterans Administration or any other federal
agency directly to the custody of the nearest such agency for diag-
nosis, care, or treatment; to provide for certain patient evaluations; to
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 37-3-102 of the Official Code of Georgia
Annotated, relating to the transfer of patients to the custody of
federal agencies for diagnosis, care, or treatment, is amended by
striking subsection (a) in its entirety and substituting in lieu thereof a
new subsection (a) to read as follows:
(a) If a patient ordered to be hospitalized pursuant to this
chapter is eligible for hospital care or treatment by the United States
Veterans Administration or any other federal agency, the depart-
ment shall transfer the patient to the custody of the nearest such
agency with available bed space for diagnosis, care, or treatment.
When any such patient is admitted under this Code section to any
such hospital or institution within or outside the state, he shall be
subject to the rules and regulations of such agency. Upon notification
from the superintendent or the chief medical officer of the United
States Veterans Administration Hospital for those patients therein
who may require involuntary treatment pursuant to this chapter, the
patient will be evaluated, while remaining in the physical custody of
the United States Veterans Administration Hospital, by the nearest
emergency receiving facility. The superintendent and chief medical
officer of any hospital or institution operated by such agency in which
the individual is so hospitalized shall, with respect to such individual,
be vested with the same powers and duties as the superintendent and
chief medical officer of facilities within this state with respect to all
matters under this chapter. Jurisdiction is retained in the appropri-
ate courts of this state at any time to inquire into the mental
condition of an individual so hospitalized to determine the necessity
for continuance of his hospitalization and to order his release; and
every transfer of a patient by the department pursuant to this Code
section is so conditioned.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
758
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
RETIREMENT AND PENSIONS LIMITATION ON
USE OF SERVICE IN GENERAL ASSEMBLY AS
CREDIT UNDER OTHER LOCAL AND STATE SYSTEMS.
Code Section 47-1-8 Enacted.
No. 1098 (Senate Bill No. 63).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated,
relating to retirement, so as to provide that service in the General
Assembly after a certain date may not be obtained as creditable
service under any local retirement or pension system unless the
source of authority for such local retirement or pension system
specifically authorizes creditable service for service in the General
Assembly; to remove the option for members of the General Assembly
to become members of the Employees Retirement System of Georgia
as applied to persons becoming members of the General Assembly
after a certain 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 of Chapter 1,
relating to general provisions applicable to public retirement, a new
Code Section 47-1-8 to read as follows:
47-1-8. No person becoming a member of the General Assembly
for the first time on or after July 1,1984, shall be entitled to receive or
shall receive any creditable service under any local retirement or
GEORGIA LAWS 1984 SESSION
759
pension system for service as a member of the General Assembly
unless the law, ordinance, or resolution which is the source of author-
ity for such local retirement or pension system specifically authorizes
creditable service to be obtained under such local retirement or
pension system for service in the General Assembly.
Section 2. Said title is further amended by striking subsection
(b) of Code Section 47-6-42, relating to membership in the Georgia
Legislative Retirement System and the option to become a member of
the Employees Retirement System of Georgia, in its entirety and
substituting in lieu thereof a new subsection (b) to read as follows:
(b) Each person who becomes a member of the General Assem-
bly after April 13,1979, but before July 1,1984, shall elect either to
become a member of the Georgia Legislative Retirement System or to
become a member of the Employees Retirement System of Georgia.
Such election must be made within 60 days from the date the person
becomes a member of the General Assembly and once made shall be
irrevocable as long as such person is a member of the General
Assembly. Each person who becomes a member of the General
Assembly on or after July 1, 1984, shall become a member of the
Georgia Legislative Retirement System upon taking office as a
member of the General Assembly and shall remain a member of said
system as long as such person remains a member of the General
Assembly.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
760
GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMINAL PROCEDURE APPEAL BONDS IN
CERTAIN CASES PUNISHMENT IN CERTAIN
FELONY CASES.
Code Title 17, Chapters 6 and 10 Amended.
No. 1099 (Senate Bill No. 108).
AN ACT
To amend Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, so as to delete provisions relating to
termination of appeal bonds when the right to appeal terminates; to
deny appeal bonds to certain convicted felons; to provide for the
allowance of appeal bonds for persons sentenced to serve less than
seven years; to provide that a person who has been previously
convicted under the laws of another state or of the United States shall
be punished in the same manner as a person previously convicted of a
felony in 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. Title 17 of the Official Code of Georgia Annotated,
relating to criminal procedure, is amended by striking in its entirety
subsection (d) of Code Section 17-6-1, relating to bail in criminal
cases, which reads as follows:
(d) Appeal bonds shall terminate when the right of appeal
terminates, and such bonds shall not be effective as to any petition or
application for writ of certiorari unless the court in which the petition
or application is filed so specifies.,
and inserting in lieu thereof a new subsection (d) to read as follows:
(d) No appeal bond shall be granted to any person who has
been convicted of murder, rape, armed robbery, kidnapping, or
aircraft hijacking and who has been sentenced to serve a period of
incarceration of seven years or more. The granting of an appeal bond
to a person who has been convicted of any other crime shall be in the
discretion of the convicting court. Appeal bonds shall terminate
GEORGIA LAWS 1984 SESSION
761
when the right of appeal terminates, and such bonds shall not be
effective as to any petition or application for writ of certiorari unless
the court in which the petition or application is filed so specifies.
Section 2. Said title is further amended by striking in its entirety
subsection (a) of Code Section 17-10-7, relating to punishment of
criminals who have been previously convicted of felonies, and insert-
ing in lieu thereof a new subsection (a) to read as follows:
(a) Any person convicted of a felony offense in this state or
having been convicted under the laws of any other state or of the
United States of a crime which if committed within this state would
be a felony and sentenced to confinement in a penal institution, who
shall afterwards commit a felony punishable by confinement in a
penal institution, shall be sentenced to undergo the longest period of
time prescribed for the punishment of the subsequent offense of
which he stands convicted, provided that, unless otherwise provided
by law, the trial judge may, in his discretion, probate or suspend the
maximum sentence prescribed for the offense.
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 28,1984.
762
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC OFFICERS AND EMPLOYEES CERTAIN
DEFINITIONS CHANGED GEORGIA
INDEMNIFICATION COMMISSION CREATED.
Code Title 45, Chapter 9 Amended.
No. 1100 (Senate Bill No. 191).
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
officers, firemen, and prison guards, so as to change the definition of
the term law enforcement officer; to change the definition of the
term prison guard; to provide for the director of the Division of
Youth Services of the Department of Human Resources to be a
member of the Georgia State Indemnification Commission; 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. 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 in its
entirety paragraph (3) of Code Section 45-9-81, relating to defini-
tions, and inserting in lieu thereof a new paragraph (3) to read as
follows:
(3) Law enforcement officer means any agent or officer of this
state, or a political subdivision or municipality thereof, who, as a full-
time or part-time employee, is vested either expressly by law or by
virtue of public employment or service with authority to enforce the
criminal or traffic laws and whose duties include the preservation of
public order, the protection of life and property, or the prevention,
detection, or investigation of crime. Such term also includes the
employees designated by the commissioner of human resources pur-
suant to paragraph (2) of subsection (i) of Code Section 49-5-10,
which employees have the duty to investigate and apprehend delin-
quent and unruly children who have escaped from a facility under the
jurisdiction of the Department of Human Resources or who have
broken the conditions of supervision.
GEORGIA LAWS 1984 SESSION
763
Section 2. Said article is further amended by striking in its
entirety paragraph (5) of Code Section 45-9-81, relating to defini-
tions, 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. Such term also means any person employed by
the state or any political subdivision thereof whose principal duties
include the supervision of youth who are charged with or adjudicated
for an act which if committed by adults would be considered a crime.
Section 3. Said article is further amended by striking in its
entirety Code Section 45-9-83, relating to the composition of the
Georgia State Indemnification Commission, and inserting in lieu
thereof a new Code Section 45-9-83 to read as follows:
45-9-83. There is created the Georgia State Indemnification
Commission which shall be composed of the Governor, the Secretary
of State, the Commissioner of Insurance, the commissioner of public
safety, the commissioner of offender rehabilitation, the director of the
Division of Youth Services of the Department of Human Resources,
the president of the Peace Officers Association of Georgia, and the
president of the Georgia Firemans Association. The Governor shall
be the chairman of the commission and the commission shall be
assigned to the Department of Administrative Services for adminis-
trative purposes.
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 28,1984.
764
GENERAL ACTS AND RESOLUTIONS, VOL. I
ELECTIONS PUBLIC DISCLOSURE BY
CANDIDATES OF CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES LAW AMENDED.
Code Title 21, Chapter 5 Amended.
No. 1101 (Senate Bill No. 248).
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia
Annotated, relating to public disclosure by candidates of campaign
contributions and expenditures, so as to change the definition of
expenditure; to change the reporting provisions; to change the provi-
sions relative to notice of qualification by filing officers; to change the
provisions relative to the per diem of members of the State Campaign
and Financial Disclosure Commission; to increase the amount of the
civil penalties for failure to file a campaign financing disclosure
report; to provide for the filing of campaign disclosure reports in run-
off elections; to provide for the assessment and collection of civil
penalties; to provide for court costs in certain civil actions; to provide
for the filing of disclosure of financial interests by candidates for
certain offices; to provide a definition; to require disclosure of finan-
cial interest reports to be filed; to prescribe the contents of such
reports; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia
Annotated, relating to public disclosure by candidates of campaign
contributions and expenditures, is amended by striking paragraph (6)
of Code Section 21-5-3, relating to definitions relative to disclosure
reports of campaign contributions and expenditures, and inserting in
lieu thereof a new paragraph (6) to read as follows:
(6) Expenditure means a purchase, payment, distribution,
loan, advance, deposit, or gift of money or anything of value made for
the purpose of influencing the nomination for election or election of
any person for the offices provided for in Code Section 21-5-2, the
recall of a public official holding elective office, or the influencing of
voter approval or rejection of a proposed constitutional amendment
or a state-wide referendum, but the term specifically shall not include
GEORGIA LAWS 1984 SESSION
765
the value of personal services performed by persons who serve with-
out compensation from any source and on a voluntary basis. Expend-
iture shall also include tbe payment of a qualifying fee for and in
behalf of any candidate.
Section 2. Said chapter is further amended by striking Code
Section 21-5-5, relating to campaign financial disclosure reports to be
filed, in its entirety and inserting in lieu thereof a new Code Section
21-5-5 to read as follows:
21-5-5. (a) (1) The candidate or the chairman or treasurer
of each campaign committee organized to bring about the nomina-
tion or election of a candidate for any office provided for in Code
Section 21-5-2, except county and municipal offices, and the
chairman or treasurer of every campaign committee designed to
bring about the recall of a public officer or designed to bring about
the approval or rejection by the voters of any proposed constitu-
tional amendment or state-wide referendum shall file with the
Secretary of State the required campaign financing disclosure
reports. A candidate for any state office or the chairman or
treasurer of his campaign committee shall file a copy of each of his
reports with the judge of the probate court of the county of his
residence.
(2) Any campaign committee which accepts contributions
or makes expenditures designed to bring about the approval or
rejection by the voters of any proposed question which is to appear
on the ballot in any county or municipal election shall file a
campaign financing disclosure report as prescribed by this chap-
ter; provided, however, that such report shall only be required if
such campaign committee has received contributions which total
more than $500.00 or if such campaign committee has made
expenditures which total more than $500.00.
(3) A candidate for county office or for justice of the peace
or the chairman or treasurer of his campaign committee shall file
the required campaign financing disclosure reports with the judge
of the probate court in the respective county of election.
(4) A candidate for municipal office or his campaign com-
mittee shall file the reports with the municipal clerk in the
respective municipality of election or, if there is no clerk, with the
chief executive officer of the municipality.
766
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any person
making a contribution of $101.00 or more, including the purchase
of tickets for events such as dinners, luncheons, rallies, and similar
fund-raising events;
(2) The name and mailing address and occupation or place
of employment of any person to whom an expenditure of $101.00
or more is made and the amount and general purpose of such
expenditure;
(3) When a contribution consists of a loan, advance, or other
extension of credit, the report shall also contain the name of the
lending institution or party making the advance or extension of
credit and the names, mailing addresses, occupations, and places
of employment of all persons having any liability for repayment of
the loan, advance, or extension of credit; and, if any such persons
shall have a fiduciary relationship to the lending institution or
party making the advance or extension of credit, the report shall
specify it.
(c) Campaign committees which accept contributions or make
expenditures designed to bring about the nomination or election of a
candidate shall file campaign financing disclosure reports 45 days and
15 days before the primary election and ten days after the primary
election. Candidates in a general or special election campaign shall
make such reports 15 days prior to the general or special election, and
all candidates shall make a final campaign disclosure report not later
than December 31 of the year in which the election occurs. All
candidates shall have a five-day grace period in filing the required
reports. If a run-off election is required following a general or special
election, candidates in such an election shall make such reports six
days prior to the run-off election and shall have a two-day grace
period in filing the required report, with the exception that if an
election is scheduled on a Wednesday, the grace period shall end the
Friday preceding the election. The mailing of said reports by United
States mail with adequate postage thereon, within the required filing
time, shall be prima-facie evidence of filing. A report or statement
required to be filed by this Code section shall be verified by the oath
or affirmation of the person filing such report or statement taken
before an officer authorized to administer oaths. Each report required
in the calendar year of the election shall contain cumulative totals of
GEORGIA LAWS 1984 SESSION
767
all contributions which have been received and all expenditures
which have been made in support of the campaign in question and
which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no
opposition in either a primary or a general election and receives no
contribution of $101.00 or more, said candidate shall only be required
to make the initial and final report as required under this chapter.
(e) A supplemental campaign financing disclosure report shall
be filed by each person elected to an office covered by this chapter no
later than December 31 of each year following the year in which the
election occurs. If no contribution is received or expenditure made
which is required to be reported under this chapter between the date
of the last campaign financing report filed pursuant to this chapter
and December 31 of any year, a supplemental campaign financing
disclosure report shall not be required by this chapter.
(f) Any campaign committee which accepts contributions or
makes expenditures designed to bring about the recall of a public
official shall file campaign financing disclosure reports with the
Secretary of State as follows:
(1) An initial report shall be filed within 15 days of the date
when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of
the initial report;
(3) A third report shall be filed within 15 days after the
expiration date for acquiring signatures on the recall petition;
(4) A final report shall be filed prior to December 31 of the
year in which the recall election is held; and
(5) In the case of state officials or county officials, a copy of
each of the reports shall also be filed with the judge of the probate
court in the county of residence of the official sought to be
recalled. In the case of municipal officials, a copy of the reports
shall also be filed with the municipal clerk in the municipality of
residence of the official sought to be recalled or, if there is no clerk,
with the chief executive officer of the municipality.
768
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) Any campaign committee which accepts contributions or
makes expenditures designed to bring about the approval or rejection
by the voters of a proposed constitutional amendment or a state-wide
referendum shall Hie a campaign financing disclosure report with the
Secretary of State 15 days prior to the date of the election and shall
file a final report prior to December 31 of the year in which the
election is held.
(h) (1) Any campaign committee which accepts contributions
or makes expenditures designed to bring about the approval or
rejection by the voters of any proposed question which is to appear
on the ballot in any county or municipal election shall file a
campaign financing disclosure report as prescribed by this chap-
ter, provided that such report shall only be required if such
campaign committee has received contributions which total more
than $500.00 or if such campaign committee has made expendi-
tures which total more than $500.00. All advertising pertaining to
referendums must identify the principal officer of said campaign
committee by containing the name and title of the principal
officer.
(2) If a campaign committee is required to file a report
under paragraph (1) of this subsection, said report shall be filed
with the judge of the probate court of the county in the case of a
county election or with the municipal clerk in the case of a
municipal election. Any such report shall be filed 15 days prior to
the date of the election; and a final report shall be filed prior to
December 31 of the year in which the election is held.
Section 3. Said chapter is further amended by striking Code
Section 21-5-7, relating to the duty of the chairman or treasurer of a
campaign committee to keep records, in its entirety and inserting in
lieu thereof a new Code Section 21-5-7 to read as follows:
21-5-7. It shall be the duty of the chairman or treasurer of
any campaign committee which accepts contributions or makes
expenditures to keep a detailed and exact account of:
(1) The amounts of all contributions made to the campaign
committee;
(2) The name and mailing address of every person making
any contributions and the amount of such contributions;
GEORGIA LAWS 1984 SESSION
769
(3) All expenditures made by the candidate or the campaign
committee; and
(4) The name and mailing address of every person to whom
an expenditure is made and the amount and general purpose
thereof.
Section 4. Said chapter is further amended by striking para-
graph (1) of subsection (a) of Code Section 21-5-9, relating to the
duties of filing officer, and inserting in lieu thereof a new paragraph
(1) to read as follows:
(1) The names of all candidates and offices sought in a special
election, when held at a time other than election dates scheduled by
law or charter, within ten days of the close of the qualification period;
and.
Section 5. Said chapter is further amended by striking Code
Section 21-5-11, relating to creation, composition, and powers of
State Campaign and Financial Disclosure Commission, in its entirety
and inserting in lieu thereof a new Code Section 21-5-11, to read as
follows:
21-5-11. (a) There is created the State Campaign and Finan-
cial Disclosure Commission.
(b) The commission shall be composed of five members. The
initial membership of the commission shall be appointed as follows:
one member shall be appointed by the Secretary of State for an initial
term of office of two years; one member shall be appointed by the
Lieutenant Governor for an initial term of office of three years; one
member shall be appointed by the Speaker of the House of Represen-
tatives for an initial term of office of four years; and two members, not
more than one of whom shall be from the same political party, shall be
appointed by the Governor for initial terms of office of five years and
six years, respectively. The terms of office of initial members shall
commence on May 1, 1975. Members of the commission shall not
serve for more than one term of office. Upon the expiration of a
members term of office, a new member, appointed in the same
manner as the member whose term of office expired, shall become a
member of the commission and shall serve for a term of office of five
years and until his successor is duly appointed and qualified. If a
vacancy occurs in the membership of the commission, a new member
770
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall be appointed to the unexpired term of office by the state official
who appointed the vacating member.
(c) Any person who (1) has qualified to run for any federal, state,
or local public office within a period of five years prior to his
appointment, (2) has held any federal, state, or local public office
within a period of five years prior to his appointment, or (3) serves as
an officer of any political party, whether such office is elective or
appointive and whether such office exists on a local, state, or national
level, shall be ineligible to serve as a member of the commission;
provided, however, that any member of the commission who, on April
1,1977, was also serving as an officer of a political party on a local,
state, or national level shall not be ineligible, by virtue of this Code
section, during the remainder of the term of commission office which
such member is serving on said date. The commission shall elect a
chairman and shall adopt rules and regulations as required by subsec-
tion (a) of Code Section 50-13-3. All rules of the commission shall be
promulgated in accordance with Chapter 13 of Title 50, the Georgia
Administrative Procedure Act.
(d) Members of the commission shall serve without compensa-
tion but shall be reimbursed in an amount equal to the per diem
received by the General Assembly for each day or portion thereof
spent in serving as members of the commission. They shall be paid
their necessary traveling expenses while engaged in the business of
the commission. No member shall receive per diem or travel expenses
for more than 20 days per year.
(e) The commission shall have the authority:
(1) To employ an executive secretary and such additional
staff as the commission deems necessary to carry out the powers
delegated to the commission by this chapter;
(2) To promulgate and adopt rules and regulations as
defined in Chapter 13 of Title 50;
(3) To issue subpoenas to compel any person to appear, give
sworn testimony, or produce documentary or other evidence; and
(4) To institute and prosecute actions in the superior courts,
in its own name, seeking to enjoin or restrain any violation or
threatened violation of this chapter.
GEORGIA LAWS 1984 SESSION
771
(f) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this
chapter;
(2) To prepare and publish a manual setting forth recom-
mended uniform methods of accounting and reporting for use by
persons required to file statements and reports by this chapter;
(3) To accept and file any information voluntarily supplied
that exceeds the requirements of this chapter;
(4) To develop a filing, coding, and cross-indexing system
consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the com-
mission in accordance with Chapter 18 of Title 50, the Georgia
Records Act;
(6) To prepare and publish such other reports and technical
studies as in its judgment will tend to promote the purposes of this
chapter;
(7) To provide for wide public dissemination of such sum-
maries and reports;
(8) To determine whether the required statements and
reports have been filed and, if so, whether they conform to the
requirements of this chapter;
(9) To make investigations, subject to the limitations con-
tained in Code Section 21-5-12, with respect to the statements and
reports filed under this chapter and with respect to alleged failure
to file any statements or reports required under this chapter and,
upon receipt of the written complaint of any person, verified
under oath, to the best information, knowledge, and belief, by the
person making same, with respect to an alleged violation of any
part of this chapter, provided that nothing in this Code section
shall be construed to limit or encumber the right of the commis-
sion to initiate on probable cause an investigation on its own
cognizance as it deems necessary to fulfill its obligations under
this chapter;
772
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) To conduct a preliminary investigation, subject to the
limitations contained in Code Section 21-5-12, of the merits of a
written complaint by any person who believes that a violation of
this chapter has occurred, verified under oath, to the best informa-
tion, knowledge, and belief by the person making same; and, if
there are found no reasonable grounds to believe that a violation
has occurred, the complaint shall be dismissed, subject to being
reopened upon discovery of additional evidence or relevant mate-
rial. If the commission determines that there are such reasonable
grounds, it shall give notice by summoning the persons believed to
have committed the violation to a hearing. The hearing shall be
conducted in all respects in accordance with Chapter 13 of Title
50, the Georgia Administrative Procedure Act. The complainant
shall be given an acknowledgment and status report within ten
days of registering said complaint and shall be given an estimate of
the time required to complete said investigation. The commission
may file a complaint charging violations of this chapter, and any
person aggrieved by the final decision of the commission is enti-
tled to judicial review in accordance with Chapter 13 of Title 50;
provided, however, that nothing in this Code section shall be
construed to limit or encumber the right of the commission to
initiate on probable cause an investigation on its own cognizance
as it deems necessary to fulfill its obligations under this chapter;
(11) To report suspected violations of law to the appropriate
law enforcement authority;
(12) To issue, upon request, and publish advisory opinions on
the requirements of this chapter, based on a real or hypothetical
set of circumstances;
(13) To issue orders, after the completion of appropriate
proceedings, directing compliance with this chapter or prohibiting
the actual or threatened commission of any conduct constituting a
violation, which order may include a provision requiring the
violator:
(A) To cease and desist from committing further viola-
tions;
(B) To make public complete statements, in corrected
form, containing the information required by this chapter;
GEORGIA LAWS 1984 SESSION
773
(C) To order the payment of civil penalties not to
exceed $250.00 for each failure to file a report required by this
chapter;
(14) To make public its conclusion that a violation has occur-
red and the nature thereof;
(15) To petition the superior court within the county where
the hearing was or is being conducted for the enforcement of any
order issued in connection with such hearing; and
(16) To report to the General Assembly and the Governor at
the close of each fiscal year concerning the action taken during
that time, the names, salaries, and duties of all individuals
employed and the funds disbursed, and to make such further
report on the matters within its jurisdiction as may appear desir-
able.
(g) The Secretary of State, through his office, shall perform the
ministerial functions which the commission may require. The office
of the Secretary of State shall be designated as the place where the
public may file papers or correspond with the commission and receive
any form or instruction from the commission. The Secretary of State
or his designee shall serve as secretary to the commission.
Section 6. Said chapter is further amended by adding between
Code Sections 21-5-11 and 21-5-12 a new Code section, to be desig-
nated Code Section 21-5-11.1, to read as follows:
21-5-11.1. (a) A civil penalty shall not be assessed against any
person pursuant to the provisions of this chapter except after notice
and hearing as provided by Chapter 13 of Title 50, the Georgia
Administrative Procedure Act. The amount of any civil penalty
finally assessed shall be recoverable by a civil action brought in the
name of the commission. All moneys recovered pursuant to this Code
section shall be deposited in the state treasury.
(b) The Attorney General of this state shall, upon complaint by
the commission, or may, upon his own initiative if after examination
of the complaint and evidence he believes a violation has occurred,
bring an action in the superior court in the name of the commission
for civil penalties assessed against any person violating any provisions
of this chapter or any rule or regulation duly issued by the commis-
sion.
774
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) In any action brought by the Attorney General to enforce any
of the provisions of this chapter or of any rule or regulation issued by
the commission, the judgment, if in favor of the commission, may
provide that the defendant pay to the commission the costs incurred
by the commission in the prosecution of such action.
Section 7. Said chapter is further amended by adding between
Code Section 21-5-5 and Code Section 21-5-6 a new Code Section 21-
5-5.1 to read as follows:
21-5-5.1. (a) As used in this Code section, the term business
entity means any corporation, partnership, limited partnership, firm,
enterprise, franchise, association, or trust.
(b) Every candidate who qualifies for nomination or election to
any office of this state which office is voted on by the electors of the
entire state shall file with the Secretary of State a disclosure of
financial interests report.
(c) All disclosure of financial interests reports shall contain the
following information:
(1) The name, mailing address, and the office to which the
candidate seeks nomination or election;
(2) All direct ownership interests of the total assets or
capital stock of any business entity, including the name of the
business entity in which such ownership interest is held, where:
(A) Such ownership interest is more than 10 percent; or
(B) Such ownership interest has a fair market value of
more than $20,000.00; and
(3) All direct ownership interests which have a fair market
value of over $20,000.00 in:
(A) Real property, including the county and state in
which such property is located; and
(B) Intangible property, including the type of such
property, exclusive of that listed under paragraph (2) of this
subsection.
GEORGIA LAWS 1984 SESSION
775
(d) The requirement to disclose certain ownership interests in
certain business entities as required by paragraph (2) of subsection
(c) of this Code section shall not be construed to include a require-
ment to disclose the existing or subsequently acquired investments,
holdings, or assets of such business entities.
(e) The disclosure of financial interests report, required by
subsection (b) of this Code section, shall be filed no later than 20 days
following the date when a candidate qualifies for nomination for
election or for election. All candidates shall have a five-day grace
period in filing the required reports. The mailing of said reports by
United States mail with adequate postage thereon, within the
required filing time, shall be prima-facie evidence of filing. A report
or statement required to be filed by this Code section shall be verified
by the oath or affirmation of the person filing such report or state-
ment taken before an officer authorized to administer oaths.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
PARDONS AND PAROLES IMPOSITION OF
PAROLE SUPERVISION FEES AUTHORIZED.
Code Section 42-9-42 Amended.
No. 1102 (Senate Bill No. 254).
AN ACT
To amend Code Section 42-9-42 of the Official Code of Georgia
Annotated, relating to procedure for granting of clemency, pardon, or
parole, so as to impose parole supervision fees on persons who are
paroled; to provide for other matters related thereto; to provide an
effective date; to repeal conflicting laws; and for other purposes.
776
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 42-9-42 of the Official Code of Georgia
Annotated, relating to procedure for granting of clemency, pardon, or
parole, is amended by striking subsection (d) in its entirety and
inserting in lieu thereof a new subsection (d) to read as follows:
(d) (1) Any person who is paroled shall be released on such
terms and conditions as the board shall prescribe. The board shall
diligently see that no peonage is allowed in the guise of parole
relationship or supervision. The parolee shall remain in the legal
custody of the board until the expiration of the maximum term
specified in his sentence or until he is pardoned by the board.
(2) The board may require the payment of a parole supervi-
sion fee of $10.00 per month as a condition of parole; provided,
however, such requirement shall expire at the end of 24 months or
the term of parole, whichever event occurs first. The board may
require that the supervision fee be paid in advance of the time to
be spent on parole. In such cases, any advance payments are
nonreimbursable in the event of parole revocation or if parole is
otherwise terminated prior to the expiration of the sentence being
served on parole. Such fees shall be collected by the board to be
paid into the general fund of the state 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 28,1984.
GEORGIA LAWS 1984 SESSION
777
ACCIDENT AND SICKNESS INSURANCE MENTAL
DISORDERS NATURE OF REQUIRED
COVERAGE CHANGED.
Code Section 33-24-28.1 Amended.
No. 1103 (Senate Bill No. 259).
AN ACT
To amend Code Section 33-24-28.1 of the Official Code of Georgia
Annotated, relating to required accident and sickness insurance
coverage of mental disorders, so as to change the nature of required
coverage; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 33-24-28.1 of the Official Code of
Georgia Annotated, relating to required accident and sickness insur-
ance coverage of mental disorders, is amended by striking subsection
(b) in its entirety and substituting in lieu thereof a new subsection (b)
to read as follows:
(b) Every insurer authorized to issue accident and sickness
insurance benefit plans, policies, or contracts shall be required to
make available, either as a part of or as an optional endorsement to all
such policies providing major medical insurance coverage which are
issued, delivered, issued for delivery, or renewed on or after July 1,
1984, coverage for the treatment of mental disorders, which coverage
shall be at least as extensive and provide at least the same degree of
coverage as that provided by the respective plan, policy, or contract
for the treatment of other types of physical illnesses. Such an optional
endorsement shall also provide that the coverage required to be made
available pursuant to this Code section shall also cover the spouse and
the dependents of the insured if the insureds spouse and dependents
are covered under such benefit plan, policy, or contract. In no event
shall such an insurer be required to cover inpatient treatment for
more than a maximum of 30 days per policy year or outpatient
treatment for more than a maximum of 48 visits per policy year under
individual policies or to cover inpatient treatment for more than a
maximum of 60 days per policy year or outpatient treatment for more
than a maximum of 50 visits per policy year under group policies.
778
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
HOSPITALS AND OTHER HEALTH CARE
FACILITIES AUTHORIZED TO TRANSFER
PROPERTY OF DECEASED PATIENTS.
Code Section 31-7-11 Enacted.
No. 1104 (Senate Bill No. 319).
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 the transfer of property belonging to
a patient which is in the possession of a hospital or nursing home
without impairing certain laws or instruments; 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 the 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) Whenever any person dies in a hospital licensed
pursuant to Chapter 7 of this title, in any federal hospital operating
within this state, or any nursing home operated within this state, such
hospital or nursing home shall be authorized but shall not be required
to transfer possession of any property, tangible or intangible, of such
patient which is in the possession of the hospital or nursing home, to
the following persons:
GEORGIA LAWS 1984 SESSION
779
(1) To the person designated by the patient in writing upon
admission to the hospital or nursing home, if any;
(2) To the surviving spouse of the patient, if any;
(3) If no surviving spouse, to any adult child of the patient,
and if no such adult child, to any person acting in loco parentis of
any minor child;
(4) If no surviving spouse or surviving children, to either
parent of the patient;
(5) If none of the above, then to any brother or sister of the
patient; or
(6) If none of the above, to the person assuming responsibil-
ity for burial of the patient.
(b) The transfer of possession to the surviving spouse or any of
the other family members or persons listed in subsection (a) of this
Code section shall operate as a complete acquittal and discharge to
the hospital or nursing home of liability from any suit, claim, or
demand of whatever nature by any heir, distributee, or creditor of the
patient, or any other person as relates to the property transferred.
Such distribution is authorized to be made as provided in this Code
section without the necessity of administration of the estate of the
patient and without the necessity of obtaining an order that no
administration of such estate is necessary.
(c) The transfer of possession provided for in this Code section
shall in no way affect the legal ownership or title to any property so
transferred.
(d) The provisions of any law of descent or distribution or any
will or other instrument providing for disposition of property shall
not be impaired by this Code section, and any person to whom
property is transferred pursuant to this Code section may be required
to transfer that property in conformity with the disposition of prop-
erty required by such laws of descent or distribution or such will or
other instrument.
780
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
SPECIAL ELECTIONS BEGINNING DATE
FOR QUALIFYING.
Code Section 21-2-132 Amended.
No. 1105 (Senate Bill No. 321).
AN ACT
To amend Code Section 21-2-132 of the Official Code of Georgia
Annotated, relating to the filing of notice of candidacy, so as to
provide for a beginning date for qualifying in special 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. Code Section 21-2-132 of the Official Code of
Georgia Annotated, relating to the filing of notice of candidacy, is
amended by striking subsection (c) in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
(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
GEORGIA LAWS 1984 SESSION
781
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 no earlier than
the date of the call of the election and no later than 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 no earlier than the
date of the call of the election and no later than 25 days prior to
the election in the case of a special election.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
MOTOR VEHICLE CERTIFICATE OF TITLE ACT
CERTAIN DEFINITIONS CHANGED.
Code Section 40-3-2 Amended.
No. 1106 (Senate Bill No. 343).
AN ACT
To amend Code Section 40-3-2 of the Official Code of Georgia
Annotated, relating to definitions in the Motor Vehicle Certificate of
Title Act, so as to change the definition of the term major compo-
782
GENERAL ACTS AND RESOLUTIONS, VOL. I
nent part and the term salvage motor vehicle; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1 Code Section 40-3-2 of the Official Code of Georgia
Annotated, relating to definitions in the Motor Vehicle Certificate of
Title Act, is amended by striking in its entirety paragraph (10) and
inserting in lieu thereof a new paragraph (10) to read as follows:
(10) Major component part means any one of the following
subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, grille, hood, and bumper);
(B) Rear clip assembly (quarter panels and floor panel
assembly);
(C) Engine and transmission;
(D) Top assembly, with the exception of soft tops;
(E) Frame; or
(F) Complete side (fenders, door, and quarter panel).
Section 2. Said Code section is further amended by striking
subparagraph (A) of paragraph (12) of said Code section and inserting
in lieu thereof a new subparagraph (A) to read as follows:
(A) Has been damaged to the extent that its restoration to
an operable condition would require the replacement of two or
more major component parts but shall not mean any such motor
vehicle which has been repaired and the title to which is not
transferred as a result of such damage or repair;.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
783
SHERIFFS MINIMUM ANNUAL SALARIES
ADDITIONAL COMPENSATION FOR CERTAIN
SERVICES.
Code Title 15, Chapter 16 Amended.
No. 1107 (Senate Bill No. 358).
To amend Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, so as to change the minimum annual
salaries of the sheriffs; to provide additional remuneration 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. Chapter 16 of Title 15 of the Official Code of Georgia
Annotated, relating to sheriffs, is amended by striking in its entirety
subsection (a) of Code Section 15-16-20, relating to minimum annual
salary of sheriffs, and inserting in lieu thereof a new subsection (a) to
read as follows:
(a) (1) Any other law to the contrary notwithstanding, the
minimum annual salary of each sheriff in this state shall be fixed
according to the population of the county in which he serves, as
determined by the United States decennial census of 1980 or any
future such census. Except as otherwise provided in paragraph (2)
of this subsection, each such sheriff shall receive an annual salary,
payable in equal monthly installments from the funds of his
county, of not less than the amount fixed in the following sched-
ule:
Population Minimum Salary
AN ACT
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 - 179,999
0 - 5,999
$ 15,125.00
18.755.00
21.538.00
23.716.00
25.894.00
28.072.00
30.250.00
32.307.00
784
GENERAL ACTS AND RESOLUTIONS, VOL. I
180.000 - 199,999 26,500.00
200.000 - 299,999 34,606.00
300.000 - and up 42,300.00
(2) Any other law to the contrary notwithstanding, the
minimum annual salary of each sheriff in this state shall be fixed
according to the population of the county in which he serves, as
determined by the United States decennial census of 1980 or any
future such census. Effective January 1, 1985, each such sheriff
shall receive an annual salary, payable in equal monthly install-
ments from the funds of his county, of not less than the amount
fixed in the following schedule:
Population
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 - 179,999
180.000 - 199,999
200.000 - 249,999
250.000 - 299,999
300.000 - and up
Minimum Salary
$ 16,183.00
20.067.00
23.045.00
25.376.00
27.706.00
30.037.00
32.367.00
34.568.00
26.500.00
34.606.00
37.028.00
45,261.00
Section 2. Said chapter is further amended by adding between
Code Sections 15-16-20 and 15-16-21 a new Code Section 15-16-20,1
to read as follows:
15-16-20.1. (a) Except as otherwise provided in subsection (b)
of this Code section, in addition to the minimum salary provided in
Code Section 15-16-20, the sheriff of any county who performs the
duties of a sheriff for a state court, probate court, or magistrate court
under any applicable general or local law of this state shall receive for
his services in such court or courts a salary of not less than $200.00 per
month, to be paid from the funds of the county. A sheriff who serves
in more than one such court shall receive only one such salary.
(b) In all counties of this state which have a population of 5,999
or less according to the United States decennial census of 1980 or any
GEORGIA LAWS 1984 SESSION
785
future such census, in addition to the minimum salary provided in
Code Section 15-16-20, the sheriff of any such county who performs
the duties of a sheriff for a state court, probate court, or magistrate
court under any applicable general or local law of this state shall
receive for his services in such court or courts a salary of not less than
$50.00 per month, to be paid from the funds of the county. A sheriff
who serves in more than one such court shall receive only one such
salary.
Section 3. This Act shall become effective January 1,1985.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
PROTECTION OF DISABLED ADULTS REPORTS
OF ABUSE FILING PENALTY FOR
FAILURE TO FILE.
Code Title 30, Chapter 5 Amended.
No. 1108 (Senate Bill No. 374).
AN ACT
To amend Chapter 5 of Title 30 of the Official Code of Georgia
Annotated, relating to the protection of disabled adults, so as to
change the provisions relative to reporting of need for protective
services; to require acknowledgement of receipt of reports of sus-
pected abuse of disabled adults; to make it unlawful for any person to
abuse, neglect, or exploit any disabled adult; to make it unlawful for
any person or official required by law to report a case of disabled
adult abuse to fail knowingly and willfully to make such report; to
provide for complaints of disabled adult abuse; to provide penalties;
to repeal conflicting laws; and for other purposes.
786
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 30 of the Official Code of Georgia
Annotated, relating to the protection of disabled adults, is amended
by striking in its entirety Code Section 30-5-4, which reads as follows:
30-5-4. (a) Any person having reasonable cause to believe
that a disabled adult is in need of protective services shall report such
information to the director.
(b) The report may be made by oral or written communication.
The report shall include the name and address of the disabled adult
and should include the name and address of the disabled adults
caretaker, the age of the disabled adult, the nature and extent of the
disabled adults injury or condition resulting from abuse, exploita-
tion, or neglect, and other pertinent information.
(c) Anyone who makes a report pursuant to this chapter, who
testifies in any judicial proceeding arising from the report, who
provides protective services, or who participates in a required invest-
igation conducted pursuant to this chapter shall be immune from any
civil or criminal liability on account of such report or testimony or
participation, unless such person acted in bad faith or with a mali-
cious purpose.,
and inserting in lieu thereof a new Code Section 30-5-4 to read as
follows:
30-5-4. (a) (1) Any physician, osteopath, intern, resident,
other hospital or medical personnel, dentist, psychologist, podia-
trist, nursing personnel, social work personnel, day-care person-
nel, or law enforcement personnel having reasonable cause to
believe that a disabled adult has had a physical injury or injuries
inflicted upon him, other than by accidental means, by a caretaker
or has been neglected or exploited by a caretaker shall report or
cause reports to be made in accordance with the provisions of this
Code section; provided, however, that, when the person having a
reasonable cause to believe that a disabled adult is in need of
protective services performs services as a member of the staff of a
hospital, social agency, or similar facility, he shall notify the
person in charge of the facility and such person or his designee
shall report or cause reports to be made in accordance with the
provisions of this Code section.
GEORGIA LAWS 1984 SESSION
787
(2) Any other person having a reasonable cause to believe
that a disabled adult is in need of protective services may report
such information to an adult protection agency providing protec-
tive services, as designated by the department or, in the absence of
such agency, to an appropriate law enforcement authority or
district attorney. If a report of disabled adult abuse is made to an
adult protection agency or independently discovered by the
agency and the agency has reasonable cause to believe such report
is true, then the agency shall immediately notify the appropriate
law enforcement authority or district attorney.
(b) The report may be made by oral or written communication.
The report shall include the name and address of the disabled adult
and should include the name and address of the disabled adults
caretaker, the age of the disabled adult, the nature and extent of the
disabled adults injury or condition resulting from abuse, exploita-
tion, or neglect, and other pertinent information. All such reports
prepared by a law enforcement agency shall be forwarded to the
director within 24 hours.
(c) Anyone who makes a report pursuant to this chapter, who
testifies in any judicial proceeding arising from the report, who
provides protective services, or who participates in a required invest-
igation under the provisions of this chapter shall be immune from any
civil or criminal liability on account of such report or testimony or
participation, unless such person acted in bad faith or with a mali-
cious purpose.
Section 2. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 30-5-5, relating to investiga-
tion of reports of need for protective services, and inserting in lieu
thereof a new subsection (a) to read as follows:
(a) Any director receiving a report that a disabled adult is in
need of protective services shall conduct or have conducted a prompt
and thorough investigation to determine whether the disabled adult
is in need of protective services and what services are needed. The
investigation shall include a visit to the person and consultation with
others having knowledge of the facts of the particular case. Within
ten days after receipt of the report, the director shall acknowledge
receipt of the report, in writing, to the person making the report.
788
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said chapter is further amended by adding at the end
thereof a new Code Section 30-5-8 to read as follows:
30-5-8. (a) (1) It shall be unlawful for any person to abuse,
neglect, or exploit any disabled adult.
(2) Any person violating the provisions of this subsection
shall be guilty of a misdemeanor.
(b) (1) It shall be unlawful for any person or official required
by paragraph (1) of subsection (a) of Code Section 30-5-4 to report
a case of disabled adult abuse to fail knowingly and willfully to
make such report.
(2) Any person violating the provisions of this subsection
shall be guilty of a misdemeanor.
Section 4. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 28,1984.
AD VALOREM TAXATION OF PROPERTY
EXEMPTION OF CERTAIN MOTOR VEHICLES
STATE-WIDE REFERENDUM.
Code Section 48-5-470.1 Enacted.
No. 1109 (Senate Bill No. 378).
AN ACT
To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the
Official Code of Georgia Annotated, relating to ad valorem taxation of
motor vehicles, so as to provide an exemption from ad valorem
taxation for motor vehicles owned by a school or educational institu-
GEORGIA LAWS 1984 SESSION
789
tion and used principally for the purpose of transporting handi-
capped or disabled students to or from such school or educational
institution; to provide certain qualifications for exemption; to provide
for a referendum for the approval or disapproval of this Act; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 10 of Chapter 5 of Title 48 of the
Official Code of Georgia Annotated, relating to ad valorem taxation of
motor vehicles, is amended by adding immediately following Code
Section 48-5-470 a new Code section to be designated Code Section
48-5-470.1, to read as follows:
48-5-470.1. All motor vehicles owned by a school or educational
institution and used principally for the purpose of transporting
handicapped or disabled students to or from such school or educa-
tional institution are exempted from any and all ad valorem taxes
imposed by any tax jurisdiction in this state. The exemption pro-
vided for in this Code section shall apply only when such school or
educational institution is qualified as an exempt organization under
the United States Internal Revenue Code of 1954, Section 501(c)(3),
as such section exists on January 1,1984.
Section 2. By not later than October 1,1984, the Secretary of
State shall call and conduct a referendum for the approval or disap-
proval of Section 1 of this Act on the date of and in conjunction with
the November, 1984, general election. The Secretary of State shall
cause the date and purpose of the referendum to be published in the
official organ of each county in the state once a week for two weeks
immediately preceding the date of the referendum. The ballot shall
have written or printed thereon the following:
( ) YES Shall motor vehicles used principally
( ) NO for the purpose of transporting handi-
capped or disabled students to or from
any school or educational institution be
exempted from ad valorem taxation?
790
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, then Section 1 of this Act shall become
effective on January 1,1985, and shall apply to all tax years beginning
on or after that date; otherwise Section 1 of this Act shall be void.
Section 3. Except as otherwise provided in Section 2 of this
Act, 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 28,1984.
ALCOHOLIC BEVERAGES POSSESSION AND
TRANSPORTATION BY INDIVIDUALS OF NON-TAX-
PAID BEVERAGES QUANTITY PERMISSIBLE.
Code Title 3, Chapters 3 and 5 Amended.
No. 1110 (Senate Bill No. 387).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated,
relating to alcoholic beverages, so as to change the quantities of
alcoholic beverages an individual may possess and transport in this
state upon which taxes have not been paid; to provide that each
individual in certain situations shall be entitled to such exemption; to
authorize the commissioner to prescribe by regulation for the identifi-
cation of malt beverages; to provide an effective date; to repeal
conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
791
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 subsection (a)
of Code Section 3-3-8, relating to the possession and transportation of
lawfully purchased alcoholic beverages upon which taxes have not
been paid in this state, in its entirety and substituting in lieu thereof a
new subsection (a) to read as follows:
(a) (1) An individual may possess and transport in this state
the following quantities of alcoholic beverages upon which the
taxes imposed by this title have not been paid:
(A) In the case of distilled spirits, not in excess of
one-half gallon;
(B) In the case of malt beverages, not in excess of 576
ounces or two standard cases of 12 ounce cans or the equiva-
lent thereof or one 7.75 gallon keg or barrel; and
(C) In the case of wine, not in excess of one-half
gallon.
(2) Whenever alcoholic beverages upon which the taxes
imposed by this title have not been paid are being transported in a
motor vehicle or other conveyance capable of transporting people,
each individual in such motor vehicle or other conveyance, who is
authorized to possess alcoholic beverages shall be entitled to the
exemptions set forth in paragraph (1) of this subsection, and there
shall be no presumption that all alcoholic beverages in the motor
vehicle are possessed by the owner or operator of the motor
vehicle.
Section 2. Said title is further amended by striking Code Section
3-5-21, relating to the sale or possession of bottles or cans not having
the prescribed identification on crowns or lids and the alternate
identification for use on certain imported bottles or containers, in its
entirety and inserting in lieu thereof a new Code Section 3-5-21 to
read as follows:
3-5-21. (a) The commissioner may prescribe by regulation
that no person engaged in the business of selling, manufacturing, or
distributing malt beverages specified in this chapter in bottles or cans
792
GENERAL ACTS AND RESOLUTIONS, VOL. I
may sell, offer for sale, or possess for the purpose of sale any bottles or
cans containing such malt beverages unless the crowns or lids contain
the word Georgia or its abbreviation, such as GA.
(b) The commissioner may prescribe an alternate identification
for certain bottles or containers of malt beverages manufactured in a
foreign country and which have been imported into this state by a
licensed importer, manufacturer, or wholesaler for resale.
Section 3. Said title is further amended by striking in its entirety
paragraph (3) of Code Section 3-5-60, relating to levy and amount of
taxes, and inserting in lieu thereof a new paragraph to read as follows:
(3) A tax on all such beverages in excess of 576 ounces or two
standard cases of 12 ounce size or the equivalent thereof or one 7.75
gallon keg or barrel of such beverages at the same rates of taxation as
imposed in this part for other such beverages and on which the taxes
are not otherwise imposed by either paragraph (1) or (2) of this Code
section.
Section 4. This Act shall become effective July 1,1984.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
PROPERTY LIFE ESTATES CLOSURE OF
CONTINGENT REMAINDER INTERESTS OF
CERTAIN CLASSES.
Code Section 44-6-90 Enacted.
No. 1111 (Senate Bill No. 408).
AN ACT
To amend Article 5 of Chapter 6 of Title 44 of the Official Code of
GEORGIA LAWS 1984 SESSION
793
Georgia Annotated, relating to life estates, so as to provide for the
closure of the contingent remainder interest of certain classes subject
to open through subsequent birth or adoption; to provide for proce-
dure; 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 6 of Title 44 of the Official Code
of Georgia Annotated, relating to life estates, is amended by adding a
new Code section immediately following Code Section 44-6-89, to be
designated Code Section 44-6-90, to read as follows:
44-6-90. (a) The judge of the superior court shall have juris-
diction to hear any case that:
(1) Involves a tenant for life in real property or the proceeds
of real property;
(2) Involves a contingent remainder interest of a class sub-
ject to open through the subsequent event of a birth or an
adoption; and
(3) Does not involve the creation of a perpetuity.
(b) In such cases, the judge may receive evidence on the likeli-
hood of the expansion of the class of such remaindermen through the
subsequent event of the birth or the adoption of another member of
such class. The judge shall be authorized to make such findings of
fact and law as to declare such class to be closed. Upon such findings,
the judge shall require the life tenant to give bond in an amount
sufficient to protect against any actual subsequent expansion of such
class by the life tenant through birth or adoption. An order of the
judge in such case shall contain a determination of the free market-
ability of any concerned property.
(c) An action on the bond provided for in subsection (b) of this
Code section shall be the sole recourse of any person who is interested
in the remainder.
794
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 28,1984.
JUVENILE PROCEEDINGS LIMITING ORDERS
OF DISPOSITION, ETC.
Code Title 15, Chapter 11 Amended.
No. 1112 (Senate Bill No. 425).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile proceedings, so as to provide for
judicial findings when a child is ordered removed from the childs
home; to limit an order of disposition placing a deprived child in
foster care and to provide for an extension; to require certain children
to be returned to the court every two years; 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
Code Section 15-11-41, relating to limiting orders of disposition, and
inserting in its place a new Code section to read as follows:
15-11-41. (a) An order terminating parental rights is without
limit as to duration.
GEORGIA LAWS 1984 SESSION
795
(b) Except as otherwise provided by law, an order of disposition
committing a delinquent or unruly child to the Division of Youth
Services continues in force for two years or until the child is sooner
discharged by the Division of Youth Services. The court which made
the order may extend its duration for an additional two years subject
to like discharge, if:
(1) A hearing is held upon motion of the Division of Youth
Services prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and
of the hearing and an opportunity to be heard are given to the
child and the parent, guardian, or other custodian; and
(3) The court finds that the extension is necessary for the
treatment or rehabilitation of the child.
(c) A courts order removing a child from the childs home shall
be based upon a finding by that court that continuation in the home
would be contrary to the welfare of the child and that reasonable
efforts were made to prevent or eliminate the need for removal and to
make it possible for the child to return to the childs home. Except as
otherwise provided by law, an order of disposition placing a deprived
child in foster care under the supervision of the Department of
Human Resources shall continue in force for 18 months after the date
of original placement with the department or until sooner terminated
by the court. The court which made the order may extend its
duration for not more than two years if:
(1) A hearing is held upon motion of the Department of
Human Resources prior to the expiration of the order, which
hearing shall determine the future status of the child including,
but not limited to, whether the child should be returned to the
parent, should be continued in foster care for a specified period,
should be placed for adoption, or should, because of the childs
special needs or circumstances, be continued in foster care on a
permanent or long-term basis; and procedural safeguards shall be
applied with respect to parental rights pertaining to the removal
of the child from the home of his parents, to a change in the childs
placement, and to any determination affecting visitation privi-
leges of parents;
796
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Reasonable notice of the factual basis of the motion and
of the hearing and opportunity to be heard are given to the parties
affected; and
(3) The court finds that the extension is necessary to accom-
plish the purposes of the order extended.
(d) Except as otherwise provided by law, any other order of
disposition in a proceeding involving delinquency, unruliness, or
deprivation, except in an order involving the appointment of a
guardian of the person or property of a child, continues in force for
not more than two years. The court may sooner terminate its order or
extend its duration for further periods. An order of extension may be
made if:
(1) A hearing is held prior to the expiration of the order
upon motion of a party or on the courts own motion;
(2) Reasonable notice of the factual basis of the motion and
of the hearing and opportunity to be heard are given to the parties
affected;
(3) The court finds that the extension is necessary to accom-
plish the purposes of the order extended; and
(4) The extension does not exceed two years from the
expiration of the prior order.
(e) Except as provided in subsection (b) of this Code section,
the court may terminate an order of disposition or extension prior to
its expiration, on or without an application of a party, if it appears to
the court that the purposes of the order have been accomplished.
(f) Except as provided in subsection (a) of this Code section or
as otherwise provided by law, when the child reaches 21 years of age
all orders affecting him then in force terminate and he is discharged
from further obligation or control.
Section 2. Said chapter is further amended by striking subsec-
tion (c) of Code Section 15-11-54, relating to placement of a child, and
inserting in its place a new subsection to read as follows:
GEORGIA LAWS 1984 SESSION
797
(c) If the child is not adopted and a general guardian of the
child has not been appointed, the child shall be returned to the court
at least every two years after the date of the order during the
continuation of foster care for entry of further orders for his care,
custody, and control. This subsection applies to all children who, on
or after July 1,1984, are in the permanent custody of the Department
of Human Resources.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
DRIVERS LICENSES REVOCATION OF
LICENSES OF HABITUAL VIOLATORS, ETC.
Code Title 40, Chapter 5 Amended.
No. 1113 (Senate Bill No. 426).
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, so as to change the provisions
relating to revocation of licenses of habitual violators; to provide for
serious traffic offenses committed on federal property; to provide for
the immediate surrender of the drivers license of a person deter-
mined to be a habitual violator under certain conditions; to change
the provisions relating to suspension of drivers licenses of persons
convicted of driving under the influence of alcohol or drugs; to change
the definition of a certain term; to provide for suspension of drivers
licenses of persons convicted of driving under the influence of alcohol
or drugs in cases where the offense occurred on federal property and
where the offense occurred in any other state; to provide an effective
date; to repeal conflicting laws; and for other purposes.
798
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers licenses, is amended by striking in its
entirety subsection (a) of Code Section 40-5-58, relating to revocation
of drivers licenses of habitual violators, and inserting in lieu thereof a
new subsection (a) to read as follows:
(a) As used in this Code section, habitual violator means any
person who has been convicted within the United States:
(1) Three or more times of:
(A) Voluntary or involuntary manslaughter resulting
from the operation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree;
(C) Committing any offense covered under Code Sec-
tions 40-6-391 through 40-6-395 or of violating a federal law
or regulation or the law of any other state or of a valid
municipal or county ordinance substantially conforming to
any offense covered under Code Sections 40-6-391 through
40-6-395;
(D) Operating a vehicle after cancellation, suspension,
or revocation of his operators license under any law of this
state or any law of any other state or any valid municipal or
county ordinance substantially conforming to or paralleling
the law of this state;
(E) Making a false affidavit to the department or under
any law of this state requiring the registration of motor
vehicles or regulating their operation on the highways or
making a false statement to the department on any applica-
tion for an operators license;
(F) Using a fraudulent or fictitious license;
(G) While in a motor vehicle, fleeing or attempting to
elude a police officer;
GEORGIA LAWS 1984 SESSION
799
(H) Any crime punishable as a felony under this chap-
ter or any other felony in the commission of which a motor
vehicle is used;
(I) Failure to stop and disclose his identity at the scene
of the accident on the part of a driver of a motor vehicle
involved in an accident resulting in damage to the property of
another or resulting in the death of, or injury to, another; or
(J) Singularly or in combination, any of the offenses
described in subparagraphs (A) through (I) of this paragraph,
both inclusive; or
(2) Fifteen or more times of moving traffic offenses as
contained in Chapter 6 of this title, including those covered in
paragraph (1) of this subsection, or in the law of any other state, or
in a valid municipal or county ordinance substantially conforming
to or paralleling a similar law of Georgia, which offenses are
required to be reported to the department, and the commission of
which offenses, singularly or in combination with any other
offense or offenses, statutorily requires the cancellation, suspen-
sion, or revocation of any operators license by the department, or
the commission of which offenses, singularly or in combination
with any other offense or offenses, authorizes a court or the
department to impose suspension or revocation of a drivers
license.
Section 2. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 40-5-58, relating to revocation
of drivers licenses of habitual violators, and inserting in lieu thereof a
new subsection (b) to read as follows:
(b) When the records of the department disclose that any
person has been convicted of a violation of Chapter 6 of this title, or of
a valid local ordinance adopted pursuant thereto, of an offense
occurring on or after January 1, 1976, which record of conviction,
when taken with and added to previous convictions of such person of
offenses occurring within five years prior to the date of such offenses,
as contained in the files of the department, reveals that such person is
a habitual violator as defined in subsection (a) of this Code section,
the department shall forthwith notify such person that upon the date
of notification such person has been declared by the department to be
a habitual violator, and that henceforth it shall be unlawful for such
800
GENERAL ACTS AND RESOLUTIONS, VOL. I
habitual violator to operate a motor vehicle in this state unless
otherwise provided in this Code section. Notice shall be given by
certified mail, with return receipt requested; or, in lieu thereof, notice
may be given by personal service upon such person. In the event that
at the time of determination the habitual violator had been issued a
drivers license, such license shall be revoked by such notice and shall
be surrendered to the department within ten days of notification of
such determination. For the purposes of this chapter, notice given by
certified mail with return receipt requested mailed to the persons
last known address shall be prima-facie evidence that such person
received the required notice.
Section 3. Said chapter is further amended by striking in its
entirety paragraph (1) of Code Section 40-5-68, relating to definitions
concerning the disposition of licenses of persons driving under the
influence of alcohol or drugs, and inserting in lieu thereof a new
paragraph (1) to read as follows:
(1) Code Section 40-6-391 means Code Section 40-6-391 of the
Official Code of Georgia Annotated, as now or hereafter amended,
any federal law or regulation substantially conforming to or parallel
with the offense covered under Code Section 40-6-391, 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, or
any previously existing or existing law of this or any other state, which
law was or is substantially conforming to or parallel with Code
Section 40-6-391.
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 28,1984.
GEORGIA LAWS 1984 SESSION
801
GAME AND FISH AREAS WHERE USE OF
CERTAIN SEINES PERMITTED AND WHERE
PROHIBITED.
Code Section 27-4-112 Amended.
No. 1114 (Senate Bill No. 482).
AN ACT
To amend Code Section 27-4-112 of the Official Code of Georgia
Annotated, relating to the methods of taking fish, crustaceans, or
mollusks generally, so as to change the areas where certain seines may
be used; to 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 27-4-112 of the Official Code of Georgia
Annotated, relating to the methods of taking fish, crustaceans, or
mollusks generally, is amended by striking paragraph (2) of subsec-
tion (d) of said Code section in its entirety and substituting in lieu
thereof a new paragraph (2) to read as follows:
(2) The use of a seine less than 100 feet in length having a
minimum net size of 11/4-inch stretched mesh on any sand beaches
on any barrier island of this state is not prohibited. The use of such
seines in any inlets or tidal sloughs is prohibited;.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
802
GENERAL ACTS AND RESOLUTIONS, VOL. I
WILDLIFE PROHIBITED TRAPPING ACTIVITIES.
Code Title 27, Chapter 3 Amended.
No. 1115 (Senate Bill No. 523).
AN ACT
To amend Article 2 of Chapter 3 of Title 27 of the Official Code of
Georgia Annotated, relating to trapping, trappers, and fur dealers, so
as to change the provisions relating to prohibited activities relative to
trapping; to provide that it shall be legal to dispatch a mink or otter
found in a trap; to provide that it shall be unlawful for any person
other than the landowner to remove a legally set trap without the
permission of the owner of the trap; to change the provisions relative
to reports to the department by fur dealers; to provide that is shall be
unlawful for fur dealers to dispose of the carcass of any fur-bearing
animal except pursuant to a plan approved by the department; 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. Article 2 of Chapter 3 of Title 27 of the Official Code
of Georgia Annotated, relating to trapping, trappers, and fur dealers,
is amended by striking subsection (a) of Code Section 27-3-63,
relating to prohibited activities related to trapping, in its entirety and
substituting in lieu thereof a new subsection (a) to read as follows:
(a) It shall be unlawful for any person to:
(1) Trap any wildlife upon the right of way of any public
road or highway of this state;
(2) Set, place, or bait any trap for the purpose of taking any
wildlife upon the land or in the waters adjoining the land of any
other person, except during the open trapping season for such
wildlife, and then only after obtaining the written consent of the
owner of the land, which written consent shall be carried upon the
trappers person while engaged in trapping;
GEORGIA LAWS 1984 SESSION
803
(3) Trap any wildlife without inspecting the traps used for
such purpose at least once during each 24 hour period and
removing from the traps any wildlife caught therein;
(4) Trap any wildlife by the use of traps which are not
stamped with the owners current license number or name in such
a manner that the current license number or name is legible at all
times. Any trap or traps found that are not stamped as required by
this Code section may be confiscated and destroyed by the depart-
ment through its officers and conservation rangers;
(5) Ship or otherwise remove or cause to be removed from
this state any raw or undressed hide, fur, pelt, or skin of any fur-
bearing animal without first making a report to the department of
the removal on forms to be furnished by the department for such
purpose;
(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;
(7) Fail to carry a choke stick or similar device while tending
traps, which device shall be used for releasing domestic animals;
(8) Set on land any trap with a jaw opening larger than 5 3/
4 inches, provided that nothing in this Code section shall be
construed to restrict the type of trap which may be used in water;
(9) Sell the fur, hide, or pelt of any domestic dog or cat
caught by a trap;
(10) Sell the raw, undressed fur, hide, skin, or pelt of any fur-
bearing animal unless the person has a current valid commercial
trapping license or fur dealer license; or
(11) Set any body-gripping trap (as opposed to a leg-hold
trap) of a size in excess of 9 1/2 inches square except in water or on
land within ten feet of water, including swamps, marshes, and
tidal areas.
Section 2. Said article is further amended by striking Code
Section 27-3-64, relating to killing or injuring minks or otters, in its
804
GENERAL ACTS AND RESOLUTIONS, VOL. I
entirety and substituting in lieu thereof a new Code Section 27-3-64
to read as follows:
27-3-64. It shall be unlawful to use any kind of firearm to kill or
injure mink or otter or to possess or sell any mink or otter, or the pelt
thereof, which was killed by any kind of firearm, provided that
nothing in this Code section shall prevent a person from dispatching a
mink or otter found in a trap or from killing any mink or otter while it
is destroying or damaging, or about to destroy or damage, the persons
crops, domestic fowl, or other personal property.
Section 3. Said article is further amended by striking Code
Section 27-3-65, relating to removal of wildlife from a trap owned by
another person, in its entirety and substituting in lieu thereof a new
Code Section 27-3-65 to read as follows:
27-3-65. It shall be unlawful for any person to remove a legally
set trap, except for the owner of the land on which the trap is set, or to
remove any lawfully trapped wildlife from any legally set trap or to
possess any wildlife so removed from such a trap without the permis-
sion of the owner of the trap.
Section 4. Said article is further amended by striking Code
Section 27-3-71, relating to reports by fur dealers to the department,
in its entirety and substituting in lieu thereof a new Code Section 27-
3-71 to read as follows:
27-3-71. (a) It shall be unlawful for any person to engage in
business as a fur dealer unless the person files an annual report with
the department not later than 60 days after the close of the trapping
season. The report shall list the number of each type of hide, fur, skin,
or pelt purchased during the preceding year, the date of purchase, the
name of the person from whom purchased, and the persons trapping
or raccoon fur sellers license number. The report shall be submitted
on forms provided by the department. In addition, each fur dealer
shall maintain in a legible manner on his business premises a listing of
furs purchased during the license year showing each type of hide, fur,
skin, or pelt purchased, the date of purchase, and the name of the
person from whom purchased.
(b) Conservation rangers and other authorized representatives
of the department shall be authorized to enter the premises of a fur
dealer, during normal working hours and at any other time when the
GEORGIA LAWS 1984 SESSION
805
licensed activity is being conducted, for the purpose of inspecting the
premises and the records maintained by the fur dealer pursuant to
subsection (a) of this Code section.
(c) Any person who violates subsection (a) of this Code section
shall be guilty of a misdemeanor.
Section 5. Said article is further amended by adding at the end
thereof a new code Section to be designated Code Section 27-3-73, to
read as follows:
27-3-73. It shall be unlawful for any fur dealer to dispose of any
carcasses or parts of carcasses of any fur-bearing animals except
pursuant to a written plan of disposal submitted to and approved by
the department in writing. Such a plan of disposal shall be designed
to minimize vermin infestation, odors and disease hazards. Any
person who violates this Code Section shall be guilty of a misde-
meanor and shall be subject to the administrative license revocation,
suspension, denial and refusal provisions of Code Section 27-2-25.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
MUNICIPAL TAXATION OF PROPERTY
LIMITATION ON TAXATION FOR MUNICIPAL
DEVELOPMENT AUTHORITIES REMOVED.
Code Section 48-5-350 Amended.
No. 1116 (Senate Bill No. 548).
AN ACT
To amend Article 6 of Chapter 5 of Title 48 of the Official Code of
806
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Annotated, relating to municipal taxation, so as to remove
the millage limitation on the authority of a municipality to levy taxes
for financial assistance to its municipal development authority or a
joint county and municipal development authority in certain
instances; 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 5 of Title 48 of the Official Code
of Georgia Annotated, relating to municipal taxation, is amended by
striking Code Section 48-5-350, relating to the municipal power to
levy taxes for municipal development authorities, in its entirety and
inserting in lieu thereof a new Code Section 48-5-350 to read as
follows:
48-5-350. Every municipality may levy and collect municipal
taxes upon all taxable property within the limits of the municipality
to provide for financial assistance to its development authority or a
joint county and municipal development authority for the purpose of
developing trade, commerce, industry, and employment opportuni-
ties. The tax levied for the purposes provided in this Code section
shall not exceed one mill per dollar upon the assessed value of the
property; provided, however, the authorization contained in this
Code section to levy and collect such tax shall not be deemed to be
exclusive and shall not prevent any municipality from exercising any
additional power granted to it pursuant to any constitutional amend-
ment, whether general or special, to levy any ad valorem tax for the
purpose of providing financial assistance to any municipal or joint
county and municipal development authority. The exceptions to the
one mill per dollar tax limitation contained in the proviso of the
preceding sentence shall not be construed so as to affect any action
pending in court on February 20,1984.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
GEORGIA LAWS 1984 SESSION
807
COUNTY TAXATION OF PROPERTY MILLAGE
LIMITATION ON TAXATION FOR SUPPORT OF
COUNTY DEVELOPMENT AUTHORITIES REMOVED.
Code Section 48-5-220 Amended.
No. 1117 (Senate Bill No. 549).
AN ACT
To amend Article 4 of Chapter 5 of Title 48 of the Official Code of
Georgia Annotated, relating to county taxation, so as to remove the
millage limitations on the authority of a county to levy taxes for
financial assistance to its development authority or a joint county and
municipal development authority in certain instances; 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. Article 4 of Chapter 5 of Title 48 of the Official Code
of Georgia Annotated, relating to county taxation, is amended by
striking paragraph (20) of Code Section 48-5-220, relating to purposes
of county taxes, in its entirety and inserting in lieu thereof a new
paragraph (20) to read as follows:
(20) To provide for financial assistance to county or joint county
and municipal development authorities for the purpose of developing
trade, commerce, industry, and employment opportunities. No tax for
this purpose shall exceed one mill per dollar upon the assessed value
of the taxable property in the county levying the tax; provided,
however, that the authority to levy and collect a tax for the purpose
described in this paragraph shall not be deemed to be an exclusive
authorization and shall not prevent any county from exercising any
power granted to it pursuant to any constitutional amendment,
whether general or special, to levy any ad valorem tax for the purpose
of providing financial assistance to any county or joint county and
municipal development authority. The exceptions to the one mill per
dollar tax limitation contained in the proviso of the preceding sen-
tence shall not be construed so as to affect any action pending in court
on February 20,1984; and.
808
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 28,1984.
SALARIES AND FEES COMPENSATION OF
SUPERIOR COURT JUDGES AND DISTRICT
ATTORNEYS.
Code Section 45-7-4 Amended.
No. 1118 (House Bill No. 1150).
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
officials, so as to change the salary of judges of the superior courts; to
change the salary of district attorneys; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-7-4 of the Official Code of Georgia
Annotated, relating to annual salaries and allowances of certain state
officials, is amended by striking paragraph (20) of subsection (a) of
said Code section in its entirety and substituting in lieu thereof a new
paragraph (20) to read as follows:
(20) Each superior court judge.... 54,500.00
GEORGIA LAWS 1984 SESSION
809
Each superior court judge shall also receive
any supplement paid to him by the
county or counties of his judicial
circuit as may be provided for by
law. Each superior court judge shall
also receive reimbursement of travel
expenses as provided by law.
Section 2. Said Code section is further amended by striking
paragraph (21) of subsection (a) in its entirety and substituting in lieu
thereof a new paragraph (21) to read as follows:
(21) Each district attorney.... 48,000.00
Each district attorney shall also receive any
supplement paid to him by the
county or counties of his judicial
circuit as may be provided for by
law. Each district attorney shall
also receive reimbursement of travel
expenses as provided by law.
Section 3. This Act shall become effective on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
810
GENERAL ACTS AND RESOLUTIONS, VOL. I
RETIREMENT AND PENSIONS PAYMENT OF
SURVIVORS BENEFITS TO OTHER THAN SPOUSE.
Code Title 47 Amended.
No. 1119 (House Bill No. 144).
AN ACT
To amend Code Section 47-2-121 of the Official Code of Georgia
Annotated, relating to optional retirement allowances under the
Employees Retirement System of Georgia, so as to authorize the
board of trustees, by rule or regulation, to require that when a
beneficiary is a person other than the surviving spouse, the benefits
payable to the beneficiary shall be paid within a definite time period
after the members death; to amend Code Section 47-3-121 of the
Official Code of Georgia Annotated, relating to optional retirement
allowances under the Teachers Retirement System of Georgia, so as
to authorize the board of trustees, by rule or regulation, to require
that when a beneficiary is a person other than the surviving spouse,
the benefits payable to the beneficiary shall be paid within a definite
time period after the members death; to amend Code Section 47-4-
102 of the Official Code of Georgia Annotated, relating to optional
benefits under the Public School Employees Retirement System, so
as to authorize the board of trustees, by rule or regulation, to require
that when a beneficiary is a person other than the surviving spouse,
the benefits payable to the beneficiary shall be paid within a definite
time period after the members death; to amend Code Section 47-6-81
of the Official Code of Georgia Annotated, relating to optional
retirement allowances under the Georgia Legislative Retirement
System, so as to authorize the board of trustees, by rule or regulation,
to require that when a beneficiary is a person other than the surviving
spouse, the benefits payable to the beneficiary shall be paid within a
definite time period after the members death; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-2-121 of the Official Code of Georgia
Annotated, relating to optional retirement allowances under the
Employees Retirement System of Georgia, is amended by adding at
the end thereof a new subsection (g) to read as follows:
GEORGIA LAWS 1984 SESSION
811
(g) Any other provisions of this Code section or of this chapter
to the contrary notwithstanding, the board of trustees may, by rule or
regulation, require that when a member or a retired member dies and
the beneficiary is a person other than the surviving spouse of the
member, the benefits payable to the beneficiary shall be paid to the
beneficiary within a definite time period immediately following the
death of the member or retired member.
Section 2. Code Section 47-3-121 of the Official Code of Georgia
Annotated, relating to optional retirement allowances under the
Teachers Retirement System of Georgia, is amended by adding at the
end thereof a new subsection (j) to read as follows:
(j) Any other provisions of this Code section or of this chapter
to the contrary notwithstanding, the board of trustees may, by rule or
regulation, require that when a member or a retired member dies and
the beneficiary is a person other than the surviving spouse of the
member, the benefits payable to the beneficiary shall be paid to the
beneficiary within a definite time period immediately following the
death of the member or retired member.
Section 3. Code Section 47-4-102 of the Official Code of Georgia
Annotated, relating to optional benefits under the Public School
Employees Retirement System, is amended by adding at the end
thereof a new subsection (e) to read as follows:
(e) Any other provisions of this Code section or of this chapter
to the contrary notwithstanding, the board of trustees may, by rule or
regulation, require that when a member or a retired member dies and
the beneficiary is a person other than the surviving spouse of the
member, the benefits payable to the beneficiary shall be paid to the
beneficiary within a definite time period immediately following the
death of the member or retired member.
Section 4. Code Section 47-6-81 of the Official Code of Georgia
Annotated, relating to optional retirement allowances under the
Georgia Legislative Retirement System, 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) Any other provisions of this Code section or of this chapter
to the contrary notwithstanding, the board of trustees may, by rule or
812
GENERAL ACTS AND RESOLUTIONS, VOL. I
regulation, require that when a member or a retired member dies and
the beneficiary is a person other than the surviving spouse of the
member, the benefits payable to the beneficiary shall be paid to the
beneficiary within a definite time period immediately following the
death of the member or retired member.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA POST-MORTEM EXAMINATION ACT
AMENDED.
Code Title 45, Chapter 16 Amended.
No. 1120 (House Bill No. 520).
AN ACT
To amend Article 2 of Chapter 16 of Title 45 of the Official Code of
Georgia Annotated, known as the Georgia Post-mortem Examina-
tion Act, so as to provide that the opinion of the coroner shall be
considered by the medical examiner in determining the necessity for
an autopsy or dissection; to provide for immediate notification to the
coroner of suspicious or unusual deaths; to provide that a deputy
coroner may act as a coroner due to the absence of a coroner and may
receive compensation for the performance of those duties; to change
certain fees of coroners and the method of payment of such fees; to
provide that the coroner shall maintain permanent records of his
investigations; to change the amount of fines levied against defaulting
jurors on coronerss inquests; to change certain fees collected by
medical examiners; to authorize a coroner to hire a certified court
reporter to record the proceedings of an inquest; to provide for other
matters relative to the foregoing; to repeal conflicting laws; and for
other purposes.
GEORGIA LAWS 1984 SESSION
813
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, known as the Georgia Post-mortem Examina-
tion Act, is amended by striking subsection (c) of Code Section 45-
16-22, relating to the general powers and authority of the Division of
Forensic Sciences of the Georgia Bureau of Investigation and the
appointment of medical examiners, in its entirety and inserting in lieu
thereof a new subsection (c) to read as follows:
(c) It shall be in the sole discretion of the medical examiner to
determine whether or not an autopsy or dissection is required;
provided, however, that he shall give due consideration to the opin-
ions of the coroner and the peace officer in charge regarding the
requirements of accepted investigation techniques and the rules of
evidence applicable thereto.
Section 2. Said article is further amended by striking Code
Section 45-16-24, relating to the duty of law enforcement officers and
other persons to notify coroners of suspicious or unusual deaths, in its
entirety and inserting in lieu thereof a new Code Section 45-16-24 to
read as follows:
45-16-24. When any person dies in any county in this state as a
result of violence, by suicide or casualty, suddenly when in apparent
good health, when unattended by a physician, or in any suspicious or
unusual manner, it shall be the duty of any law enforcement officer or
other person having knowledge of such death to notify immediately
the coroner of the county wherein the body is found or death occurs.
Section 3. Said article is further amended by striking Code
Section 45-16-26, relating to persons who may act as a coroner due to
the absence of a coroner, in its entirety and inserting in lieu thereof a
new Code Section 45-16-26 to read as follows:
45-16-26. When there is no coroner in a county or when he is
absent from the county when needed or will not or cannot perform the
duties required under this article, the deputy coroner may act as
coroner or the judge of the probate court of the county may designate
someone to act as coroner. In counties having a coroner with a full-
time assistant or assistants paid out of county funds, any such
assistant may be designated to act as coroner under this Code section
and when so designated shall receive compensation for acting in such
capacity.
814
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said article is further amended by striking subsection
(b) of Code Section 45-16-27, relating to post-mortem examinations,
inquests, and coronerss fees, in its entirety and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) Coroners shall be entitled to an investigation fee of $75.00
where no jury is impaneled and a fee of $50.00 where a jury is
impaneled and shall be paid upon receipt of a monthly statement to
the county treasury. A deputy coroner shall receive the same fee as
the coroner for the performance of services in place of the coroner and
shall be paid upon receipt of a monthly statement to the county
treasury. Such fee shall be paid by the county where the inquest is
held except in counties where the coroner receives an annual salary, in
which case no fee shall be imposed upon the county.
Section 5. Said article is further amended by striking Code
Section 45-16-32, relating to reports of post-mortem examinations
and investigations, in its entirety and inserting in lieu thereof a new
Code Section 45-16-32 to read as follows:
45-16-32. The medical examiners and peace officers in charge
shall file in triplicate a report of each post-mortem examination or
autopsy and each investigation with the director of the division, who
shall assign to the reports an appropriate division file number and
return one copy of the post-mortem examination or autopsy report to
the medical examiner, return one copy of the investigation report to
the peace officer in charge, and forward one copy each of the post-
mortem examination or autopsy report and the investigation report
to the coroner. The coroner shall maintain permanent records of such
reports. In cases where such report indicates a suspicion of foul play,
the medical examiner and peace officer in charge shall transmit with
their reports any specimens, samples, or other evidence to the divi-
sion for verification. In cases where reports indicating foul play are
verified by the division, the director of the division shall cause
additional copies of such verified report to be made and transmitted
to the appropriate prosecuting attorney where the acts or events
leading to the death occurred. For each investigation made and report
filed pursuant to this Code section by a peace officer in charge
compensated wholly by fees, the county upon which the expense of a
post-mortem examination or autopsy is imposed by this article shall
pay to such officer a fee of $10.00. If the peace officer in charge is
compensated by a fixed salary or a part-time salary, no such fee shall
be imposed upon the county.
GEORGIA LAWS 1984 SESSION
815
Section 6. Said article is further amended by striking Code
Section 45-16-41, relating to fines levied by the coroner against
defaulting jurors, in its entirety and inserting in lieu thereof a new
Code Section 45-16-41 to read as follows:
45-16-41. Any juror failing to attend and serve on a coroners
inquest after being duly summoned may be fined by the coroner in a
sum not exceeding $100.00 to be levied and collected by execution
issued by the coroner unless such defaulting juror shall file in the
office of the judge of the probate court a good and sufficient excuse
for the default to be judged by the next probate court held
thereafter.
Section 7. Said article is further amended by striking Code
Section 45-16-46, relating to the obtaining of blood samples from
persons who are unable to give their consent, in its entirety and
inserting in lieu thereof a new Code Section 45-16-46 to read as
follows:
45-16-46. When any person has been admitted to a hospital or
morgue as a result of any casualty and for any reason whatsoever is
unable to give his consent to the taking of a sample of blood for
analytical purposes, the peace officer in charge of the investigation of
the circumstances surrounding the casualty may notify a medical
examiner for the purpose of obtaining a blood sample to test for the
presence of intoxicating substances. The blood may be drawn by the
medical examiner or at his direction. The medical examiner or his
designee shall be entitled to a fee of $20.00 for performing these
services, which fee shall be paid in the same manner as set out in Code
Section 45-16-22. The peace officer may also request any licensed
physician, registered nurse, or a medical or laboratory technician who
draws blood from patients as part of his regular duties to withdraw
blood for purposes of this Code section, in which event such person
shall incur no civil or criminal liability as a result of the medically
proper obtaining of such blood when requested in writing by the
peace officer. The medical examiner or the peace officer in charge
shall submit the blood specimens to the division for analysis; and a
certified report shall be submitted by the division to the submitting
officer.
Section 8. Said article is further amended by adding following
Code Section 45-16-47, relating to the penalty for a violation of said
Article 2, a new Code section, to be designated Code Section 45-16-48,
to read as follows:
816
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-16-48. A coroner may be authorized to employ, at his discre-
tion, a court reporter who is certified under Article 2 of Chapter 14 of
Title 15, The Georgia Court Reporting Act, to record the proceed-
ings of any inquest. The cost of acquiring the services of a certified
court reporter shall be paid from the funds of the county where the
inquest is held.
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
WORKERS COMPENSATION EMPLOYEE
REDEFINED.
Code Title 34, Chapter 9 Amended.
No. 1121 (House Bill No. 830).
AN ACT
To amend Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to workers compensation, so as to redefine the
term employee to include volunteer law enforcement officers under
certain circumstances; to provide for the computation of the average
weekly wage of volunteer law enforcement officers; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to workers compensation, is amended by striking
paragraph (2) of Code Section 34-9-1, relating to definitions, in its
entirety and inserting in lieu thereof a new paragraph (2) to read as
follows:
GEORGIA LAWS 1984 SESSION
817
(2) Employee means every person in the service of another
under any contract of hire or apprenticeship, written or implied,
except a person whose employment is not in the usual course of the
trade, business, occupation, or profession of the employer; and,
except as hereinafter provided, minors are included even though
working in violation of any child labor law or other similar statute;
provided, however, that nothing contained in this chapter shall be
construed as repealing or altering any such law or statute. Any
reference to any employee who has been injured shall, if the employee
dies, include his legal representatives, dependents, and other persons
to whom compensation may be payable pursuant to this chapter. All
firemen and policemen whose compensation is paid by the state or
any county or municipality, regardless of the method of appointment,
and all full-time county employees and employees of elected salaried
county officials are specifically included in this deffnition. There shall
also be included within such term any volunteer firefighter of any
county or municipality of this state, but only for volunteer fire-
fighting services rendered to such county or municipality and only if
the governing authority of the county or municipality for which such
services are rendered shall provide by appropriate resolution for
inclusion of such volunteer firefighters. There shall also be included
within such term any volunteer law enforcement personnel of any
county or municipality of this state who are certified by the Georgia
Peace Officer Standards and Training Council, but only for volunteer
law enforcement services rendered to such county or municipality and
only if the governing authority of the county or municipality for
which such services are rendered shall provide by appropriate resolu-
tion for inclusion of such volunteer law enforcement personnel. The
various elected county officers of an individual county shall also be
included in this definition, if the governing authority of said county
shall provide therefor by appropriate resolution. For the purposes of
workers compensation coverage, employees of county and district
health agencies established under Chapter 3 of Title 31 are deemed
and shall be considered employees of the State of Georgia. For the
purpose of workers compensation coverage, members of the Georgia
National Guard serving on state active duty pursuant to an order by
the Governor are deemed and shall be considered to be employees of
this state.
Notwithstanding the foregoing provisions of this paragraph, any
officer of a corporation may elect to be exempt from coverage
under this chapter by filing written certification of such election
with the State Board of Workers Compensation as provided in
Code Section 34-9-2.1 of this article.
818
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking para-
graph (5) of Code Section 34-9-260, relating to the basis and method
for computing compensation generally, in its entirety and inserting in
lieu thereof a new paragraph (5) to read as follows:
(5) If the injured employee is a volunteer firefighter included
under this chapter for volunteer fire-fighting services rendered to a
county or municipality of this state or a volunteer law enforcement
officer included under this chapter for volunteer law enforcement
services rendered to a county or municipality of this state, such
firefighters or volunteer law enforcement officers average weekly
wage shall be deemed to be the Georgia average weekly earnings of
production workers in manufacturing industries for the immediately
preceding calendar year, as published by the Georgia Department of
Labor;.
Section 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 28,1984.
LOCAL GOVERNMENT BUDGET AND AUDIT
PROCEDURES CHANGED.
Code Title 36, Chapter 81 Amended.
Code Section 48-14-3 Amended.
No. 1122 (House Bill No. 871).
AN ACT
To amend Chapter 81 of Title 36 of the Official Code of Georgia
Annotated, relating to requirements for local government budgets
GEORGIA LAWS 1984 SESSION
819
and audits, so as to change provisions relating to hearings and notices
required in connection with the adoption of budgets; to require
certain actual and potential liabilities to be stated in audits; to
provide for review of audit reports by the state auditor for compliance
with audit requirements; to provide for publication of notice of
noncompliance with audit requirements; to provide for a waiver of
requirements under certain conditions; to delete certain provisions
concerning accounting standards; to amend Code Section 48-14-3 of
the Official Code of Georgia Annotated, relating to distribution of
state funds to counties for public road construction and maintenance,
so as to conform the audit requirements of said Code section to those
of said Chapter 81 of Title 36 and so as to delete provisions relating to
withholding of funds for failure to comply with audit requirements; 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. Chapter 81 of Title 36 of the Official Code of Georgia
Annotated, relating to requirements for local government budgets
and audits, is amended by striking subsections (e) and (f) of Code
Section 36-81-5, relating to preparation and review of budgets, and
inserting in their place new subsections (e) and (f) to read as follows:
(e) (1) At the time of submission of the budget to the govern-
ing authority, a statement advising the residents of the local unit
of government of the availability of the budget shall be published
in a newspaper of general circulation in the local unit. The
statement may also give notice of the time and place of the budget
hearing required by subsection (f) of this Code section. The
statement shall be a prominently displayed advertisement or news
article and shall not be placed in that section of the newspaper
where legal notices appear.
(2) If the statement required by paragraph (1) of this sub-
section does not give notice of the time and place of the budget
hearing, then the statement shall advise the residents of the local
unit of government that the budget hearing shall be held at a
future date and notice shall be given prior to the budget hearing.
This notice shall be published at least seven days before the
budget hearing is held and shall comply with the publication
requirements of paragraph (1) of this subsection.
820
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) At least one week prior to adoption of the budget ordinance
or resolution, the governing authority shall conduct a public hearing,
at which time any persons wishing to be heard on the budget may
appear.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 36-81-6, relating to adoption and form of
budgets, and inserting in its place a new subsection (a) to read as
follows:
(a) On a date after the conclusion of the hearing required in
subsection (f) of Code Section 36-81-5, the governing authority shall
adopt a budget ordinance or resolution making appropriations for the
fiscal year in such sums as the governing authority may deem
sufficient, whether greater or less than the sums presented in the
proposed budget. The budget ordinance or resolution shall be
adopted at a public meeting which shall be advertised in accordance
with the procedures set forth in subsection (e) of Code Section 36-81-
5 at least one week prior to the meeting.
Section 3. Said chapter is further amended by striking subsec-
tion (b) of Code Section 36-81-7, relating to requirements for local
government audits, and inserting in its place new subsection (b) to
read as follows:
(b) The audits of each local government shall be conducted in
accordance with generally accepted auditing standards. Each audit
shall also contain a statement of any agreement or arrangement under
which the local unit of government has assumed any actual or
potential liability for the obligations of any governmental or private
agency, authority, or instrumentality. Such statement shall include
the purpose of the agreement or arrangement, shall identify the
agency, authority, or instrumentality upon whose obligations the unit
of local government is or may become liable, and shall state the
amount of actual liability and the maximum amount of potential
liability of the local government under the agreement or arrangement.
To the extent that the state auditor is able to provide comparable
auditing services, the governing body may contract with the state
auditor.
Section 4. Said chapter is further amended by striking subsec-
tions (d), (e), (f), and (g) of Code Section 36-81-7, relating to require-
ments for local government audits, and inserting in their place new
subsections (d), (e), (f), and (g) to read as follows:
GEORGIA LAWS 1984 SESSION
821
(d) (1) Each annual audit report of a local unit of government
shall be completed and a copy of the report forwarded to the state
auditor within 180 days after the close of the units fiscal year or,
in the case of units provided for in paragraph (2) of subsection (a)
of this Code section, within 180 days after the close of each second
fiscal year.
(2) The state auditor shall review the audit report submit-
ted to his office to ensure that it meets the requirements for audits
of local governments. If the state auditor finds the requirements
for audits of local governments have not been complied with, the
state auditor shall within 60 days of his receipt of the audit notify
the governing authority and the auditor who performed the audit
and shall submit to them a list of deficiencies to be corrected. A
copy of this notification shall also be sent by the state auditor to
each member of the General Assembly whose senatorial or repre-
sentative district includes any part of the unit of local govern-
ment.
(3) If the state auditor has not received any required audit
by the date specified in paragraph (1) of this subsection, the state
auditor shall within ten days of such date notify the unit of local
government that the audit has not been received as required by
law. A copy of this notification shall also be sent by the state
auditor to each member of the General Assembly whose senatorial
or representative district includes any part of the unit of local
government.
(4) The state auditor, for good cause shown by those local
units in which an audit is in the process of being conducted or will
promptly be conducted, may waive the requirement for comple-
tion of the audit within 180'days. Such waiver shall be for an
additional period of not more than 180 days and no such waiver
shall be granted for more than two successive years to the same
unit of local government.
(e) A copy of the report and of any comments made by the state
auditor pursuant to paragraph' (2) of subsection (d) of this Code
section shall be maintained as a public record for public inspection
during the regular working hours at the principal office of the local
government. Those units of local government not having a principal
office shall provide a notification to the public as to the location of
and times during which the public may inspect the report.
822
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Upon a failure, refusal, or neglect to have an annual audit
made, or a failure to file a copy of the annual audit report with the
state auditor, or a failure to correct auditing deficiencies noted by the
state auditor, the state auditor shall cause a prominent notice to be
published in the legal organ of, and any other newspapers of general
circulation within, the unit of local government. Such notice shall be
a prominently displayed advertisement or news article and shall not
be placed in that section of the newspaper where legal notices appear.
Such notice shall be published twice and shall state that the govern-
ing authority of the unit of local government has failed or refused, as
the case may be, to file an audit report or to correct auditing
deficiencies, as the case may be, for the fiscal year or years in
question. Such notice shall further state that such failure or refusal is
in violation of state law.
(g) The state auditor may waive the requirement of correction of
auditing deficiencies for a period of one year from the required audit
filing date, provided evidence is presented that substantial progress is
being made towards removing the cause of the need for the waiver.
No such waiver for the same set of deficiencies shall be granted for
more than two successive years to the same local government.
Section 5. Said chapter is further amended by striking subsec-
tion (a) of Code Section 36-81-8, relating to annual reports on local
government finances, and inserting in its place a new subsection (a) to
read as follows:
(a) Utilizing information contained in audit reports of local
governments filed with the state auditor, the report of county or
municipal finances filed with the Department of Community Affairs,
and other available state or federal information of public record, the
Department of Community Affairs shall prepare annually a report on
local government finances. The report shall be filed on January 15 of
each year, beginning January 15, 1985, with the Governor, the
Speaker of the House of Representatives, the President of the Senate,
the chairman of the House Ways and Means Committee, the chair-
man of the House State Planning and Community Affairs Committee,
the chairman of the Senate Banking and Finance Committee, and the
chairman of the Senate Federal, State, and Community Affairs
Committee, as well as with the chief elected official or chief appointed
official of each local unit of government upon request.
GEORGIA LAWS 1984 SESSION
823
Section 6. Said chapter is further amended by striking in its
entirety subsection (d) of Code Section 36-81-8, relating to activities
of the Department of Community Affairs concerning local govern-
ment finances, which reads as follows:
(d) Nothing contained in this Code section shall be construed
to authorize the Department of Community Affairs to authorize or
require uniform accounting standards or procedures.
Section 7. Code Section 48-14-3 of the Official Code of Georgia
Annotated, relating to distribution of state funds to counties for
public road construction and maintenance, is amended by striking
paragraph (1) of subsection (b) and inserting in its place a new
paragraph (1) of subsection (b) to read as follows:
(b) (1) The governing authority of each county shall submit
to the state auditor a copy of its regular annual audit not later
than 180 days after the end of the fiscal year for which the audit
was made. If an extension of time is granted to a county for the
filing of the audit required by Code Section 36-81-7 or the
correction of deficiencies in such an audit, then the same exten-
sion of time shall apply for purposes of this paragraph. The state
auditor shall compare the amount of funds distributed to each
county in the year of the audit against the amount of funds
expended by the county in that year for the purposes authorized
by this Code section. In the event the state auditor determines
that the amount so expended in any year is less than the amount
distributed, he shall certify the amount of the difference to the
fiscal division, which shall deduct and withhold the certified
amount from the next funds to be distributed to the underexpend-
ing county under this Code section. In the event a county
expending less than the amount distributed to it certifies at the
time of the submission of its audit or within a reasonable time
thereafter that it is accumulating the unexpended funds for a
specified allowable purpose and submits proof of the deposit or
investment of the funds, the county shall be deemed to have
complied with this subsection, except that the amount of the
unexpended funds shall be added to the amount of funds distri-
buted to the county in the next succeeding year or years for the
purpose of making the comparison and determination provided in
this Code section. Upon the request of the Governor or the
commissioner of transportation, the state auditor may audit the
books and records of each county to verify the accuracy of the
824
GENERAL ACTS AND RESOLUTIONS, VOL. I
audits filed with him and to ensure that the expenditure of the
funds has been made for the purposes intended.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA FIRE SPRINKLER ACT AMENDED.
Code Title 25, Chapter 11 Amended.
No. 1123 (House Bill No. 952).
AN ACT
To amend Chapter 11 of Title 25 of the Official Code of Georgia
Annotated, known as the Georgia Fire Sprinkler Act, so as to
authorize the Georgia Safety Fire Commissioner to enter into recipro-
cal agreements with other states; to change certain requirements for
obtaining a certificate; 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 11 of Title 25 of the Official Code of Georgia
Annotated, known as the Georgia Fire Sprinkler Act, is amended
by adding at the end of Code Section 25-11-3, relating to the powers
and duties of the Commissioner, a new subsection (d) to read as
follows:
(d) The Commissioner is authorized to enter into a reciprocal
agreement with the state fire commissioner or state fire marshal of
other states for the waiver of the competency test of any applicant
resident in such other jurisdiction, provided that:
GEORGIA LAWS 1984 SESSION
825
(1) The laws of the other jurisdiction are substantially
similar to this chapter;
(2) The applicant has no place of business within this state
nor is an officer, director, stockholder, or partner in any corpora-
tion or partnership doing business in this jurisdiction as a fire
protection sprinkler contractor; and
(3) A resident of this state in the other jurisdiction is
privileged to procure a certificate cf competency upon the forego-
ing conditions and without discrimination as to fees or otherwise
in favor of the residents of the other jurisdiction.
Section 2. Said chapter is further amended by striking in its
entirety paragraph (3) of subsection (b) of Code Section 25-11-4,
relating to certificates generally, which reads as follows:
(3) Submitting to the Commissioner a certification from an
appropriate official of another state to the effect that the applicant is
currently a certificate holder under the laws of that state, which laws
are substantially similar to this chapter, and that such state affords a
similar waiver of examination privilege to Georgia certificate hold-
ers.,
and inserting in lieu thereof a new paragraph (3) to read as follows:
(3) Whenever a reciprocal agreement has been entered into
between this state and another jurisdiction pursuant to subsection (d)
of Code Section 25-11-3, submitting to the Commissioner a certifica-
tion from either the state fire commissioner or state fire marshal of
such other jurisdiction that the applicant holds a currently valid
certificate of competency in such other jurisdiction.
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 28,1984.
826
GENERAL ACTS AND RESOLUTIONS, VOL. I
MUNICIPAL ELECTIONS AND PRIMARIES
CONDUCT OF ELECTIONS BY COUNTIES
IN CERTAIN CASES.
Code Section 21-3-10 Amended.
No. 1124 (House Bill No. 970).
AN ACT
To amend Code Section 21-3-10 of the Official Code of Georgia
Annotated, relating to governing authorities of certain municipalities
authorized to allow certain counties to conduct municipal elections,
so as to provide for applicability of certain provisions thereof to all
municipalities; to change certain designations; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 21-3-10 of the Official Code of Georgia
Annotated, relating to governing authorities of certain municipalities
authorized to allow certain counties to conduct municipal elections, is
amended by designating the first paragraph thereof as subsection (a)
and the second paragraph thereof as subsection (b) and by striking
newly designated subsection (a) and inserting in its place a new
subsection (a) to read as follows:
(a) The governing authority of any municipality may authorize
any county within which that municipality wholly or partially lies to
conduct any or all elections held pursuant to this chapter. In the event
a municipality shall by ordinance authorize such county to conduct
elections, such municipality may request such county to perform any
or all of the functions imposed by this chapter upon the governing
authority of such municipality, with reference to any election. Such
county, after consultation with the county election superintendent,
shall contract with such municipality to provide all those functions
imposed by this chapter, which functions such municipality has
requested such county to perform. With reference to any election,
such municipality shall pay such county all costs incurred in perform-
ing those functions which the municipality has requested the county
to perform; and, unless otherwise authorized, such county shall only
perform those functions specifically enumerated in the contract. Such
GEORGIA LAWS 1984 SESSION
827
county shall have authority to conduct elections in any and all
counties in which any part of such municipality may lie.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
PUBLIC SCHOOL EMPLOYEES RETIREMENT FUND 1-^
COMPOSITION OF BOARD OF TRUSTEES CHANGED.
Code Section 47-4-22 Amended.
No. 1125 (House Bill No. 973).
AN ACT
To amend Code Section 47-4-22 of the Official Code of Georgia
Annotated, relating to membership of the Board of Trustees of the
Public School Employees Retirement Fund, so as to change the
provisions relative to the composition of the board; to provide for
other matters relative thereto; to provide effective dates; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-4-22 of the Official Code of Georgia
Annotated, relating to membership of the board of trustees of the
Public School Employees Retirement Fund, is amended by striking
subsection (a) in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) The board shall be composed of all members of the Board of
Trustees of the Employees Retirement System of Georgia and two
additional members appointed by the Governor. The first two
members appointed by the Governor shall be appointed to take office
828
GENERAL ACTS AND RESOLUTIONS, VOL. I
on July 1,1984. One of such members shall be appointed for an initial
term of two years and the other for an initial term of four years and
until their successors are appointed and qualified. Thereafter, suc-
cessors shall be appointed to take office on the date of the expiration
of the respective terms of office for terms of four years and until their
successors are appointed and qualified. In the event of a vacancy for
any reason in the membership of the board appointed by the Gover-
nor, the Governor shall appoint a person to fill the vacancy for the
unexpired term.
Section 2. The membership of the Board of Trustees of the
Public School Employees Retirement System, except for the mem-
bership thereof consisting of the membership of the Board of Trust-
ees of the Employees Retirement System of Georgia, existing on June
30,1984, shall stand abolished on July 1,1984.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its otherwise becoming law for the administra-
tive purpose of allowing the Governor to consider persons for appoint-
ment pursuant to quoted subsection (a) of Section 1 of this Act. This
Act shall become effective for all purposes on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA FIREMENS PENSION FUND
COMPOSITION OF BOARD OF TRUSTEES
CHANGED.
Code Section 47-7-20 Amended.
No. 1126 (House Bill No. 974).
AN ACT
To amend Code Section 47-7-20 of the Official Code of Georgia
GEORGIA LAWS 1984 SESSION
829
Annotated, relating to the Board of Trustees of the Georgia Firemens
Pension Fund, so as to change the composition of said board; to
provide for the termination of the terms of office of certain incumbent
members of the board; to provide for other matters relative thereto; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-7-20 of the Official Code of Georgia
Annotated, relating to the Board of Trustees of the Georgia Firemens
Pension Fund, is amended by striking said Code section in its entirety
and substituting in lieu thereof a new Code Section 47-7-20 to read as
follows:
47-7-20. (a) To carry out this chapter, there is created the
Board of Trustees of the Georgia Firemens Pension Fund. The board
shall consist of five members as follows:
(1) The Governor or the Governors designee;
(2) The Insurance Commissioner or the Insurance Commis-
sioners designee;
(3) Two active members of the fund appointed by the
Governor; and
(4) One retired beneficiary of the fund appointed by the
Governor.
(b) The first members appointed by the Governor pursuant to
paragraphs (3) and (4) of subsection (a) of this Code section shall be
appointed to take office on July 1,1984. One of the persons appointed
pursuant to paragraph (3) of said subsection (a) and the person
appointed pursuant to paragraph (4) of said subsection (a) shall each
be appointed for an initial term of two years. The remaining person
appointed pursuant to paragraph (3) of said subsection (a) shall be
appointed for an initial term of four years. Thereafter, successors
shall be appointed by the Governor to take office upon the expiration
830
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the respective terms of office for terms of four years. All such
members shall serve until their successors are appointed and quali-
fied. In the event of a vacancy during the term of office of any such
member, the Governor shall appoint a qualified person to fill such
vacancy for the unexpired term.
(c) The Georgia State Firemens Association shall be authorized
to submit to the Governor the names of nominees for each position on
the board appointed by the Governor pursuant to subsection (b) of
this Code section. The Governor, in making such appointments, may
consider the nominees submitted by said association, but all such
appointments shall be at the sole discretion of the Governor, and the
Governor shall not be required to appoint members of the board from
such nominees.
(d) Members of the board shall serve without pay but all mem-
bers of the board shall be reimbursed for all necessary expenses that
they may incur through service on the board.
Section 2. The positions of membership on the Board of
Trustees of the Georgia Firemens Pension Fund existing on June 30,
1984, except for the Governor and Insurance Commissioner, shall
stand abolished on July 1,1984.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its otherwise becoming law for the administra-
tive purpose of allowing the Governor to consider appointments
pursuant to quoted Code Section 47-7-20 of Section 1 of this Act.
This Act shall become effective for all purposes on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
831
UNIFORM MANAGEMENT OF INSTITUTIONAL
FUNDS ACT.
Code Title 44, Chapter 15 Enacted.
No. 1127 (House Bill No. 987).
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated,
relating to property, so as to enact the Uniform Management of
Institutional Funds Act establishing guidelines for the management
and use of investments held by eleemosynary institutions and funds;
to provide authority for the accumulation of income by such institu-
tions and funds; to provide standards for the management of such
institutions and funds; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended by adding a new Chapter 15 to read
as follows:
CHAPTER 15
44-15-1. This chapter shall be known and may be cited as the
Uniform Management of Institutional Funds Act.
44-15-2. As used in this chapter, the term:
(1) Endowment fund means an institutional fund, or any
part thereof, not wholly expendable by the institution on a current
basis under the terms of the applicable gift instrument.
(2) Gift instrument means a will, deed, grant, conveyance,
agreement, memorandum, writing, or other governing document,
including the terms of any institutional solicitation from which an
institutional fund resulted, under which property is transferred to
or held by an institution as an institutional fund.
832
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Governing board means the body responsible for the
management of an institution or of an institutional fund.
(4) Institution means an incorporated or unincorporated
organization organized and operated exclusively for educational,
religious, charitable, or other eleemosynary purposes or a govern-
mental organization to the extent that it holds funds exclusively
for any of these purposes.
(5) Institutional fund means a fund held by an institution
for its exclusive use, benefit, or purposes, but does not include:
(A) A fund held for an institution by a trustee that is
not an institution; or
(B) A fund in which a beneficiary that is not an institu-
tion has an interest, other than possible rights that could arise
under violation or failure of the purposes of the fund.
44-15-3. The governing board may accumulate so much of the
annual net income of an institutional fund as is prudent under the
standard established by Code Section 44-15-7 and may hold any or all
of such accumulated income in an income reserve for subsequent
expenditure for the uses and purposes for which such institutional
fund is established or may add any or all of such accumulated income
to the principal of such institutional fund, as is prudent under said
standard. This Code section does not limit the authority of the
governing board to accumulate income or to add the same to principal
of an institutional fund as permitted under other law, the terms of the
applicable gift instrument, or the charter of the institution.
44-15-4. Code Section 44-15-3 does not apply if and to the extent
that the applicable gift instrument indicates the donors intention
that income of an institutional fund shall not be accumulated or shall
not be added to the principal of the fund. A restriction against
accumulation or addition to principal may not be implied from a
designation of a gift as an endowment fund or from a direction or
authorization in the applicable gift instrument to apply to the uses
and purposes of the fund the income, interest, dividends, cur-
rently expendable income, or rent, issues, or profits or a direction
which contains other words of similar import. This rule of construc-
tion applies to gift instruments executed or in effect before or after
the effective date of this chapter.
GEORGIA LAWS 1984 SESSION
833
44-15-5. In addition to any investment otherwise authorized by
law or by the applicable gift instrument, and without restriction to
investments a fiduciary may make, the governing board, subject to
any specific limitations set forth in the applicable gift instrument or
in the applicable law other than law relating to investments by a
fiduciary, may:
(1) Invest and reinvest an institutional fund in any real or
personal property deemed advisable by the governing board,
whether or not it produces a current return, including mortgages,
stocks, bonds, debentures, and other securities of profit or non-
profit corporations, shares in or obligations of associations, part-
nerships, or individuals, and obligations of any government or
subdivision or instrumentality thereof;
(2) Retain property contributed by a donor of an institu-
tional fund for as long as the governing board deems advisable;
(3) Include all or any part of an institutional fund in any
pooled or common fund maintained by the institution; and
(4) Invest all or any part of an institutional fund in any
other pooled or common fund available for investment, including
shares or interests in regulated investment companies, mutual
funds, common trust funds, investment partnerships, real estate
investment trusts, or similar organizations in which funds are
commingled and investment determinations are made by persons
other than the governing board.
44-15-6. Except as otherwise provided by the applicable gift
instrument or by applicable law relating to governmental institutions
or funds, the governing board may:
(1) Delegate to its committees, officers or employees of the
institution or the fund, or agents, including investment counsel,
the authority to act in place of the board in investment and
reinvestment of institutional funds;
(2) Contract with independent investment advisors, invest-
ment counsel, or managers, banks, or trust companies, so to act;
and
834
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Authorize the payment of compensation for investment
advisory or management services.
44-15-7. In the administration of the powers to accumulate
income, to make and retain investments, and to delegate investment
management of institutional funds, members of a governing board
shall exercise ordinary business care and prudence under the facts
and circumstances prevailing at the time of the action or decision. In
so doing they shall consider long and short-term needs of the institu-
tion in carrying out its educational, religious, charitable, or other
eleemosynary purposes, its present and anticipated financial require-
ments, expected total return on its investments, price-level trends,
and general economic conditions.
44-15-8. This chapter shall be so applied and construed as to
effectuate its general purpose to make uniform the law with respect to
the subject of this chapter among those states which enact the
Uniform Management of Institutional Funds Act.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
WILLS AND CODICILS SELF-PROVED
PROBATE.
Code Title 53, Chapters 2 and 3 Amended.
No. 1128 (House Bill No. 1022).
AN ACT
To amend Title 53 of the Official Code of Georgia Annotated,
GEORGIA LAWS 1984 SESSION
835
relating to wills, trusts, and administration of estates, so as to provide
that a will or codicil may be made self-proved by the acknowledgment
thereof by the testator and the affidavits of the witnesses; to provide
for the effect of making a will or codicil self-proved upon proceedings
for probate in common form and proceedings for probate in solemn
form; 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 53 of the Official Code of Georgia Annotated,
relating to wills, trusts, and administration of estates, is amended by
striking in its entirety Code Section 53-2-5, relating to codicils and
their execution, and inserting in its place a new Code Section 53-2-5
to read as follows:
53-2-5. (a) A codicil is an addition or supplement to a will
which adds to, takes from, or alters the provisions of the will. It shall
be executed with the same formality as a will. When admitted to
probate, a codicil shall form a part of the will.
(b) At the time of its execution or at any subsequent date during
the lifetime of the testator and the witnesses, a codicil may be made
self-proved and the testimony of the witnesses in the probate thereof
may be made unnecessary by the affidavits of the testator and the
attesting witnesses made before an officer authorized to take
acknowledgments to deeds of conveyance and to administer oaths
under the laws of this state. The affidavit and certificate provided in
subsection (c) of this Code section shall be the only prerequisite of a
self-proved codicil.
(c) The affidavit shall be evidenced by a certificate, with official
seal affixed, of such officer attached or annexed to the codicil in form
and contents substantially as follows:
STATE OF GEORGIA
COUNTY OF
836
GENERAL ACTS AND RESOLUTIONS, VOL. I
Before me, the undersigned authority, on this day personally
appeared_________________,_______________, and________________,
known to me to be the testator and the witnesses, respectively,
whose names are subscribed to the annexed or foregoing instru-
ment in their respective capacities, and, all of said persons being
by me duly sworn,_______________, testator, declared to me and to
the said witnesses in my presence that said instrument is a codicil
to his last will and testament and that he had willingly made and
executed it as his free act and deed for the purposes therein
expressed. The witnesses, each on his oath, stated to me in the
presence and hearing of the testator that the testator had declared
to them that the instrument is a codicil to his last will and
testament and that he executed same as such and wanted each of
them to sign it as a witness; and upon his oath each witness stated
further that he did sign the same as witness in the presence of the
testator and at his request; that he was at that time 14 years of age
or over and was of sound mind; and that each of said witnesses was
then at least 14 years of age.
Testator
Witness
Sworn to and subscribed before me by________
tor, and sworn to and subscribed before me by___
_______________, witnesses, this_________day of
19 .
(SEAL)
Witness
_,testa-
and
(Signed)___________________________________
(Official capacity of officer)
(d) A self-proved codicil may be admitted to probate without the
testimony of any subscribing witness, but otherwise it shall be treated
no differently than a codicil not self-proved. In particular and
without limiting the generality of the foregoing sentence, a self-
proved codicil may be contested, revoked, or amended in exactly the
same fashion as a codicil not self-proved.
GEORGIA LAWS 1984 SESSION
837
Section 2. Said title is further amended by inserting between
Code Sections 53-2-40 and 53-2-41 a new Code Section 53-2-40.1 to
read as follows:
53-2-40.1. (a) At the time of its execution or at any subse-
quent date during the lifetime of the testator and the witnesses, a will
may be made self-proved and the testimony of the witnesses in the
probate thereof may be made unnecessary by the affidavits of the
testator and the attesting witnesses made before an officer authorized
to take acknowledgments to deeds of conveyance and to administer
oaths under the laws of this state. The affidavit and certificate
provided in subsection (b) of this Code section shall be the only
prerequisite of a self-proved will.
(b) The affidavit shall be evidenced by a certificate, with official
seal affixed, of such officer attached or annexed to the will in form
and contents substantially as follows:
STATE OF GEORGIA
COUNTY OF__________________
Before me, the undersigned authority, on this day personally
appeared________________, y-v-,:v' , and
known to me to be the testator and the witnesses, respectively,
whose names are subscribed to the annexed or foregoing instru-
ment in their respective capacities, and, all of said persons being
by me duly sworn,______________, testator, declared to me and to
the said witnesses in my presence that said instrument is his last
will and testament and that he had willingly made and executed it
as his free act and deed for the purposes therein expressed. The
witnesses, each on his oath, stated to me in the presence and
hearing of the testator that the testator had declared to them that
the instrument is his last will and testament and that he executed
same as such and wanted each of them to sign it as a witness; and
upon his oath each witness stated further that he did sign the same
as witness in the presence of the testator and at his request; that
he was at that time 14 years of age or over and was of sound mind;
and that each of said witnesses was then at least 14 years of age.
838
GENERAL ACTS AND RESOLUTIONS, VOL. I
Testator
Witness
Witness
Sworn to and subscribed before me by__________________, testa-
tor, and sworn to and subscribed before me by_________and
, witnesses, this day of ,
19___.
(SEAL)
(Signed)_____________
(Official capacity of officer)
(c) A self-proved will may be admitted to probate without the
testimony of any subscribing witness, but otherwise it shall be treated
no differently than a will not self-proved. In particular and without
limiting the generality of the foregoing sentence, a self-proved will
may be contested, revoked, or amended by a codicil in exactly the
same fashion as a will not self-proved.
Section 3. Said title is further amended by adding at the end of
Code Section 53-3-9, relating to probate in common form, a new
subsection (c) to read as follows:
(c) If a will or codicil is self-proved, compliance with signature
requirements for execution is presumed and other requirements for
execution are presumed for such instrument without the testimony of
any subscribing witness.
Section 4. Said title is further amended by adding at the end of
Code Section 53-3-13, relating to probate in solemn form, a new
subsection (c) to read as follows:
(c) If a will or codicil is self-proved, compliance with signature
requirements and other requirements of execution is presumed for
such instrument subject to rebuttal without the necessity of the
GEORGIA LAWS 1984 SESSION
839
testimony of any witness upon filing the will or codicil and the
affidavit and certificate annexed or attached thereto.
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 28,1984.
INSURANCE MOTOR VEHICLE LIABILITY
POLICIES CERTAIN COVERAGES INCREASED.
Code Section 33-7-11 Amended.
No. 1129 (House Bill No. 1025).
AN ACT
To amend Code Section 33-7-11 of the Official Code of Georgia
Annotated, relating to certain requirements of motor vehicle liability
policies and coverage of claims against uninsured motorists, so as to
increase certain coverages in motor vehicle liability insurance poli-
cies; to provide for applicability; to change certain procedures relating
to penalties and attorneys fees; to provide for effective dates; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 33-7-11 of the Official Code of Georgia
Annotated, relating to certain requirements of motor vehicle liability
policies and coverage of claims against uninsured motorists, is
amended by striking in its entirety subparagraph (a)(1)(A) of said
Code section and inserting in lieu thereof a new subparagraph (A) to
read as follows:
840
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Not less than $15,000.00 because of bodily injury to or
death of one person in any one accident, and, subject to such limit for
one person, $30,000.00 because of bodily injury to or death of two or
more persons in any one accident, and $10,000.00 because of injury to
or destruction of property of the insured;.
Section 2. Said Code section is further amended by striking in
its entirety paragraph (2) of subsection (d) and inserting in lieu
thereof a new paragraph (2) to read as follows:
(2) A motor vehicle shall not be deemed to be an uninsured
motor vehicle within the meaning of this Code section when the owner
or operator of such motor vehicle has deposited security, pursuant to
Code Section 40-9-32, in the amount of $15,000.00 where only one
person was injured or killed, $30,000.00 where more than one, or
$10,000.00 for property damage.
Section 3. Said Code section is further amended by striking in
its entirety subsection (j) thereof and inserting in lieu thereof a new
subsection (j) to read as follows:
(j) If the insurer shall refuse to pay any insured any loss
covered by this Code section within 60 days after a demand has been
made by the insured and a finding has been made that such refusal
was made in bad faith, the insurer shall be liable to the insured in
addition to any recovery under this Code section for not more than 25
percent of the recovery and all reasonable attorneys fees for the
prosecution of the case under this Code section. The question of bad
faith, the amount of the penalty, if any, and the reasonable attorneys
fees, if any, shall be determined in a separate action filed by the
insured against the insurer after a judgment has been rendered
against the uninsured motorist in the original tort action. The attor-
neys fees shall be fixed on the basis of competent expert evidence as
to the reasonable value of the services, based on the time spent and
legal and factual issues involved, in accordance with prevailing fees in
the locality where the action is pending. The trial court shall have the
discretion, if it finds such jury verdict fixing attorneys fees to be
greatly excessive or inadequate, to review and amend such portion of
the verdict fixing attorneys fees without the necessity of disap-
proving the entire verdict. The limitations contained in this para-
graph in reference to the amount of attorneys fees are not controlling
as to the fees which may be agreed upon by the plaintiff and his
attorney for the services of the attorney in the action against the
insurer.
GEORGIA LAWS 1984 SESSION
841
Section 4. This Act shall become effective January 1,1985, and
shall apply to all motor vehicle liability insurance policies issued,
delivered, or renewed in this state on or after January 1,1985, except
that Section 3 of this Act shall become effective upon the approval of
this Act by the Governor or upon its becoming law without the
Governors approval.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
LAKE LANIER ISLANDS DEVELOPMENT
AUTHORITY EXEMPTION OF CERTAIN
PURCHASES FROM SALES AND USE TAX.
Code Section 12-3-339 Amended.
No. 1130 (House Bill No. 1026).
AN ACT
To amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official
Code of Georgia Annotated, relating to the Lake Lanier Islands
Development Authority, so as to exempt property purchased by the
authority for use exclusively by the authority from sales and use
taxation; to provide for related matters; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 3 of Article 7 of Chapter 3 of Title 12 of the
Official Code of Georgia Annotated, relating to the Lake Lanier
Islands Development Authority, is amended by striking Code Section
12-3-339, relating to exemptions from taxation and assessment, and
inserting in its place a new Code section to read as follows:
842
GENERAL ACTS AND RESOLUTIONS, VOL. I
12-3-339. It is found, determined, and declared that the crea-
tion of the authority and the carrying out of its corporate purposes are
in all respects for the benefit of the people of this state and constitute
a public purpose and that the authority will be performing an
essential governmental function in the exercise of the power con-
ferred upon it by this part. This state covenants with the holders of
the bonds that the authority shall be required to pay no taxes or
assessments upon any of the property acquired or leased by it or
under its jurisdiction, control, possession, or supervision, or upon its
activities in the operation or maintenance of the buildings erected or
acquired by it, or upon any fees, rentals, or other charges for the use of
such buildings, or upon other income received by the authority.
Further, this state covenants that the bonds of the authority, their
transfer, and the income therefrom shall at all times be exempt from
taxation within the state. The exemption provided in this Code
section shall include an exemption from state and local sales and use
tax on property purchased by the authority for use exclusively by the
authority.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
DISTRICT ATTORNEYS LAW RELATING TO
DUTY TO COLLECT FINES AND FORFEITURES
REPEALED.
Code Title 15, Chapters 18 and 21 Amended.
No. 1131 (House Bill No. 1037).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated,
relating to courts, so as to remove the provisions requiring or relating
GEORGIA LAWS 1984 SESSION
843
to the collection of fines and forfeitures by district attorneys; 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 15 of the Official Code of Georgia Annotated,
relating to courts, is amended by striking from Code Section 15-18-6,
relating to the duties of district attorneys, paragraph (7) thereof,
which reads as follows:
(7) To collect all moneys arising from fines and forfeited recog-
nizances and all costs on criminal cases when paid into court before
judgment, and not otherwise; and at the fall term of each court, every
year, to settle with the county treasurer and pay over to him all
moneys due him according to law, after a fair and full settlement;,
in its entirety and substituting in lieu thereof the following:
(7) Reserved;
Section 2. Said Code title is further amended by striking
subsection (a) of Code Section 15-21-2, relating to payment into the
county treasury of fines and forfeitures, in its entirety and substitut-
ing in lieu thereof a new subsection (a) to read as follows:
(a) The clerks of the several courts 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.
Section 3. Said Code title is further amended by striking Code
Section 15-21-4, relating to distribution of fines and forfeitures, in its
entirety and substituting in lieu thereof a new Code Section 15-21-4
to read as follows:
15-21-4. All moneys arising from fines and forfeitures shall, at
each term of the court, be distributed by the clerk of the court under
order of the court to such persons and according to the priorities
prescribed by law; and upon failure to do so, the clerk shall be subject
to a rule at the instance of any party aggrieved.
844
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
REAL ESTATE BROKERS AND SALESPERSONS
LICENSING REQUIREMENTS CHANGED.
Code Title 43, Chapter 40 Amended.
No. 1132 (House Bill No. 1059).
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 qualifications for licensees; to delete the requirement
of licenses for branch offices; to delete certain references to branch
offices; to change provisions for grounds for refusal to grant licenses;
to provide that a sanction by the commission or a similar commission
of another state or foreign country may be a sufficient ground for
refusal of a license; to provide for compliance with local business
ordinances; to provide for the responsibility of brokers for affiliated
licensees; to provide for agreements between brokers with regard to
the transfer of licensees; to provide procedures for notice and hear-
ings; to provide for service of notices upon the real estate commis-
sioner; to provide for editorial revision; 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
amended by striking paragraph (5) of subsection (a) of Code Section
43-40-8, relating to qualifications of licensees, in its entirety and
inserting in lieu thereof a new paragraph (5) to read as follows:
GEORGIA LAWS 1984 SESSION
845
(5) Stand and pass a real estate examination administered by
or approved by the commission covering generally the matters con-
fronting real estate brokers and salespersons after completing the
requirements of paragraph (4) of this subsection.
Section 2. Said chapter is further amended by striking para-
graph (6) of subsection (b) of Code Section 43-40-8, relating to
qualifications of licensees, in its entirety and inserting in lieu thereof
a new paragraph (6) to read as follows:
(6) Stand and pass a real estate examination administered by or
approved by the commission covering generally the matters confront-
ing real estate brokers and salespersons after completing the require-
ments of paragraph (5) of this subsection and after serving at least
two years of active licensure.
Section 3. Said chapter is further amended by striking Code
Section 43-40-11, relating to forms and display of licenses, in its
entirety and inserting in lieu thereof a new Code Section 43-40-11 to
read as follows:
43-40-11. The commission shall prescribe the form of the
license. Each license shall have placed thereon the seal of the commis-
sion. The license of each real estate salesperson and associate broker
shall be delivered or mailed to the real estate broker for whom the real
estate salesperson or associate broker is acting as an associate broker
or salesperson and shall be kept in the custody and control of such
broker. It shall be the duty of each broker to display his own license
conspicuously and those of his associate brokers and salespersons in
his place of business. The commission shall prepare and deliver a
pocket card certifying that the person whose name appears thereon is
a licensed real estate broker or a licensed real estate associate broker
or salesperson, as the case may be.
Section 4. Said chapter is further amended by striking subsec-
tions (c) and (d) of Code Section 43-40-12, relating to license fees, and
inserting in lieu thereof new subsections (c) and (d) of said Code
section to read as follows:
(c) Prior to the issuance of an original license, each applicant
who has passed the examination required by Code Section 43-40-8
and each corporation and partnership shall pay an activation fee in
advance. All licenses shall be issued biennially and shall be renewed
846
GENERAL ACTS AND RESOLUTIONS, VOL. I
as of January 1 of each even-numbered year. After the issuance of the
first license to an applicant, such license shall cover the remaining
period of the biennium. All licenses will expire at midnight on the
thirty-first day of December in each odd-numbered year.
(d) The biennial license renewal fees according to this chapter
shall be due and payable as follows: application and fees for real
estate broker, associate broker, and salesperson shall be filed on or
before September 1 prior to the expiration of said license at midnight
on December 31 of the licensing biennial period. A license fee for
renewal may be filed after September 1 by paying a late renewal fee
on or before December 31 of the biennial licensing period. All fees
shall be deposited into the state treasury for the expenses of the
commission. This Code section shall not obviate any other fees or
conditions required to maintain such license in accordance with this
chapter. A license not renewed in accordance with this subsection
shall be viewed as lapsed.
Section 5. Said chapter is further amended by striking Code
Section 43-40-15, relating to granting and revocation of licenses, in its
entirety and inserting in lieu thereof a new Code Section 43-40-15 to
read as follows:
43-40-15. (a) Licenses shall be granted only to persons who
bear a good reputation for honesty, trustworthiness, integrity, and
competence to transact the business of a licensee in such manner as to
safeguard the interest of the public and only after satisfactory proof
of such qualifications has been presented to the commission. The
commission may deny a license to a corporation or partnership if a
stockholder or partner or any combination thereof which owns more
than a 20 percent interest therein does not bear a good reputation for
honesty, trustworthiness, and integrity; has been convicted of any of
the crimes enumerated in subsection (b) of this Code section; or has
been sanctioned by any legally constituted regulatory agency for
violating a law regulating the sale of real estate.
(b) Where an applicant has been convicted of forgery, embez-
zlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud, or other like offense or offenses or has been
convicted of a felony or a crime involving moral turpitude and has
been convicted thereof in a court of competent jurisdiction of this or
any other state, district, or territory of the United States, or of a
foreign country, such untrustworthiness of the applicant and the
conviction in itself may be a sufficient ground for refusal of a license.
GEORGIA LAWS 1984 SESSION
847
(c) Where an applicant or licensee has made a false statement of
material fact on his application or caused to be submitted or been a
party to preparing or submitting any falsified application to the
commission, such action may, in itself, be a sufficient ground for the
refusal, suspension, or revocation of the license.
(d) Grounds for suspension or revocation of a license, as pro-
vided for by this chapter, shall also be grounds for refusal to grant a
license.
(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.
(f) If a licensee:
(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 admit-
ted and may be used by the commission as grounds for refusal of
a new license to such licensee.
(g) Where an applicant has been sanctioned by the commission
or by a similar commission of any other state or foreign country, such
sanction in itself may be a sufficient ground for refusal of a license.
Section 6. Said chapter is further amended by striking Code
Section 43-40-18, relating to requirements as to managers of branch
offices, in its entirety and inserting in lieu thereof a new Code Section
43-40-18 to read as follows:
848
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-40-18. (a) Licensees who operate from more than one
place of business shall comply with all local business ordinances
affecting their business operations; provided, however, that no provi-
sion of this subsection shall be construed as altering the provisions of
Code Section 48-13-6.
(b) A real estate broker or qualifying broker shall be held
responsible for any licensee whose license is affiliated with him or his
firm should such licensee violate any of the provisions of this chapter
and its attendant rules and regulations. Whenever an affiliate
licensee violates a provision of this chapter in contravention of the
brokers or qualifying brokers written policies or instructions, the
broker shall not be responsible for those acts of the affiliate licensee.
Whenever the commission may find it necessary to sanction a broker
or qualifying broker for responsibility for the actions of an affiliate
licensee in violating the provisions of this chapter or its rules and
regulations, the commission shall determine the severity of that
sanction after considering whether the broker or qualifying broker:
(1) Had reasonable procedures in place for supervising the
affiliates actions;
(2) Knew of the violation and failed to attempt to prevent it;
(3) Participated in the violation; or
(4) Ratified the violation.
No provision of this subsection shall be construed as altering the
provisions of Code Section 43-40-30.1.
Section 7. Said chapter is further amended by adding at the end
of Code Section 43-40-19, relating to notification to the commission
upon change of place of business by a broker, two new subsections, to
be designated subsections (d) and (e), to read as follows:
(d) A licensee transferring to a new broker may continue to act
as a licensee for the former broker with regard to transactions begun
prior to the transfer, provided:
(1) Both brokers agree in writing to the licensees actions on
behalf of the former broker;
GEORGIA LAWS 1984 SESSION
849
(2) The transactions on which the licensee will act on behalf
of the former broker are enumerated in the written agreement
between the brokers;
(3) The former broker agrees in writing to assume full
responsibility for the licensees activities in the enumerated trans-
actions; and
(4) The written agreement expresses the terms under which
the licensee shall be compensated by the former broker.
(e) A salesperson shall not act as a licensee for any broker other
than the broker holding the salespersons license except as provided
in subsection (d) of this Code section.
Section 8. Said chapter is further amended by striking subsec-
tions (e), (f), (g), and (h) of Code Section 43-40-20, relating to
requirement of a trust or escrow checking account for real estate
business, in their entirety and inserting in lieu thereof the following:
(e) A broker shall not be entitled to any part of the earnest
money or other money paid to him in connection with any real estate
transaction as part or all of his commission or fee until the transaction
has been consummated or terminated.
(f) Any licensed real estate broker or salesman, acting in the
capacity of principal in the sale of interests in real estate owned by
him, shall deposit in a trust account in a state bank or trust company
or any foreign bank which authorizes the Commission to examine its
records of such deposits those parts of all payments received on
contracts which are necessary to meet any amounts concurrently due
and payable on any existing mortgages, contracts for deed or other
conveyancing instruments, reserves for taxes and insurance, or any
other encumbrance on such receipts. Such deposits shall be main-
tained until disbursement is made under the terms of the encum-
brance pertaining thereto and proper accounting on such property is
made to the parties entitled thereto.
(g) 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
850
GENERAL ACTS AND RESOLUTIONS, VOL. I
meets the requirements of any rules which the commission may
establish regarding the maintenance of such accounts.
Section 9. Said chapter is further amended by striking para-
graph (17) of subsection (a) of Code Section 43-40-25, relating to
violations of licensees, schools, and instructors, and inserting in lieu
thereof a new paragraph (17) to read as follows:
(17) Paying a commission or compensation to any person for
performing the services of a real estate licensee who has not first
secured his license under this chapter or is not cooperating as a
nonresident who is licensed in his state or foreign country of resi-
dence, 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 licensee when such deceased real estate licensee
had a valid Georgia real estate license in effect at the time the
commission was earned and at the time of such persons death;.
Section 10. Said chapter is further amended by striking Code
Section 43-40-26, relating to hearings before the commission and
judicial review, in its entirety and inserting in lieu thereof a new Code
Section 43-40-26 to read as follows:
43-40-26. (a) Before the commission shall censure a licensee
or before revoking or suspending a license, it shall provide for a
hearing for such holder of a license in accordance with Chapter 13 of
Title 50, the Georgia Administrative Procedure Act.
(b) If any licensee or applicant fails to appear at any hearing
after reasonable notice, the commission 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
proposed decision, or final decision of the commission in a disciplin-
ary proceeding shall be served upon the licensee or applicant by
personal service or by certified mail, return receipt requested, to the
last known address of record with the commission. If such material is
returned marked unclaimed or refused or is undeliverable and if
the licensee or applicant cannot, after diligent effort, be located, the
real estate commissioner shall be deemed to be the agent for such
licensee or applicant for the purposes of this Code section, and service
upon the real estate commissioner shall be deemed service upon the
licensee or applicant.
GEORGIA LAWS 1984 SESSION
851
(c) Any person who has exhausted all administrative remedies
available within this chapter and who is aggrieved by a final decision
in a contested case is entitled to judicial review in accordance with
Chapter 13 of Title 50.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 28,1984.
PUBLIC OFFICERS AND EMPLOYEES
DISCLOSURE STATEMENTS OF PROFESSIONAL
SERVICES FEES COPIES TO ATTORNEY
GENERAL.
Code Section 45-7-72 Amended.
No. 1133 (House Bill No. 1102).
AN ACT
To amend Code Section 45-7-72 of the Official Code of Georgia
Annotated, relating to copies of statements disclosing professional
services fees paid by state agencies, so as to delete certain provisions
regarding copies of statements; to 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 45-7-72 of the Official Code of Georgia
Annotated, relating to copies of statements disclosing professional
services fees paid by state agencies, is amended by striking in its
entirety said Code section and inserting in lieu thereof a new Code
Section 45-7-72 to read as follows:
852
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-7-72. A copy of each statement or report, referred to in Code
Section 45-7-71, of any authority or state agency in which a fee or
expense paid to a consultant or member of a profession is identified
and reported shall be provided to the Attorney General and the state
auditor unless such statement or report is otherwise required by law
to be provided to the Attorney General or the state auditor.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
SUPERIOR COURTS SOUTHERN JUDICIAL
CIRCUIT COUNTY SUPPLEMENTS TO JUDGES
SALARIES.
No. 1134 (House Bill No. 1106).
AN ACT
To amend an Act providing for a supplement to the compensation
of the judges of the Superior Courts of the Southern Judicial Circuit,
approved March 6,1956 (Ga. L. 1956, p. 537), as amended by an Act
approved February 2,1961 (Ga. L. 1961, p. 41), an Act approved April
4,1963 (Ga. L. 1963, p. 346), and an Act approved March 16,1983 (Ga.
L. 1983, p. 753), so as to increase the supplement to the compensation
of the judges of the Superior Courts of the Southern Judicial Circuit
and to provide for the payment of such supplement in specified
amounts by the counties comprising the Southern Judicial Circuit; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
853
Section L An Act providing for a supplement to the compensa-
tion of the judges of the Superior Courts of the Southern Judicial
Circuit, approved March 6,1956 (Ga. L. 1956, p. 537), as amended by
an Act approved February 2, 1961 (Ga. L. 1961, p. 41), an Act
approved April 4, 1963 (Ga. L. 1963, p. 346), and an Act approved
March 16,1983 (Ga. L. 1983, p. 753), is amended by striking Section 1
in its entirety and inserting in lieu thereof a new Section 1 to read as
follows:
Section 1. Each of the judges of the Superior Courts of the
Southern Judicial Circuit shall receive, in addition to any compensa-
tion, allowances, benefits, funds, or moneys of any kind received by
such judge from the state, a supplement in compensation in the
amount of $8,400.00 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 to each of said judges 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; and
Thomas County, $2,016.00 per annum.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1984
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.
854
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 date: December 22,
1984.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 13th day of January, 1984.
/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 1984
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 1984 SESSION
855
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 Thomasville Times-Enterprise
which is the official organ of Thomas County, on the following date:
December 22,1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 13th day of January, 1984.
/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 1984
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 December, 1983.
856
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 date: December
23,1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 13th day of January, 1984.
/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 1984
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 1984 SESSION
857
This 12th day of December, 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 Valdosta Daily Times which is the
official organ of Echols County, on the following date: December 23,
1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 13th day of January, 1984.
/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 1984
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
858
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 December, 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 Moultrie Observer which is the
official organ of Colquitt County, on the following date: December 21,
1983.
/s/ Robert L. Patten
Representative,
149th District
Sworn to and subscribed before me,
this 13th day of January, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
859
LANDLORD AND TENANT SUPPLEMENTATION
OF RECORD ON APPEALS IN DISPOSSESSORY
PROCEEDINGS.
Code Section 44-7-56 Amended.
No. 1135 (House Bill No. 1111).
AN ACT
To amend Code Section 44-7-56 of the Official Code of Georgia
Annotated, relating to appeals of judgments in dispossessory pro-
ceedings, so as to provide that after the notice of appeal is filed with
the clerk of the trial court, the clerk shall immediately notify the trial
judge of the notice of appeal and the trial judge may, within 15 days,
supplement the record with findings of fact and conclusions of law
which will be considered as part of the order of the judge in that 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. Code Section 44-7-56 of the Official Code of Georgia
Annotated, relating to appeals of judgments in dispossessory pro-
ceedings, is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 44-7-56 to read as follows:
44-7-56. Any judgment by the trial court shall be appealable
pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that after the
notice of appeal is filed with the clerk of the trial court, the clerk shall
immediately notify the trial judge of the notice of appeal and the trial
judge may, within 15 days, supplement the record with findings of
fact and conclusions of law which will be considered as a part of the
order of the judge in that case. If the judgment of the trial court is
against the tenant and the tenant appeals this judgment, the tenant
shall remain in possession of the premises; provided, however, that
the tenant shall be required to pay rent into the registry of the trial
court pursuant to paragraph (1) of subsection (a) of Code Section 44-
7-54 until the issue has been finally determined on appeal.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
860
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
MUNICIPAL ELECTIONS AND PRIMARIES
REGISTRARS REQUIRED TO PURGE LIST OF
ELECTORS.
Code Section 21-3-133 Amended.
No. 1136 (House Bill No. 1158).
AN ACT
To amend Code Section 21-3-133 of the Official Code of Georgia
Annotated, relating to the purging of the list of electors by municipal-
ities maintaining their own registration system, so as to require
municipal registrars to purge the list of electors every two 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 21-3-133 of the Official Code of Georgia
Annotated, relating to the purging of the list of electors by municipal-
ities maintaining their own registration system, is amended by strik-
ing paragraph (1) of subsection (a) of said Code section in its entirety
and inserting in lieu thereof a new paragraph (1) to read as follows:
(1) Every two years the registrar shall examine the list of
electors and remove therefrom any electors that have not voted in at
least one general or special election or primary in the preceding three
years or have not specifically requested a continuation of their
registration. However, no elector shall be removed from the list of
electors for failure to vote in the preceding three years unless the
GEORGIA LAWS 1984 SESSION
861
municipality has conducted at least two general elections during such
preceding three-year period;.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
EMPLOYMENT SECURITY LAW AMENDED.
Code Title 34, Chapter 8 Amended.
No. 1137 (House Bill No. 1171).
AN ACT
To amend Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, the Employment Security Law, so as to extend the
exclusion of aliens regarding coverage for agricultural purposes; to set
a tax rate for new employers; to establish a new standard rate; to
provide for reduction of rates regarding the beginning rate; to
increase the maximum deficit tax rate; to provide for denial of
benefits to professional and nonprofessional employees of educa-
tional institutions during an established and customary vacation or
holiday and any employees of an educational service agency who
perform services for an educational institution, between academic
years or terms, and during an established vacation period or holiday
recess; 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:
862
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 8 of Title 34 of the Official Code of Georgia
Annotated, the Employment Security Law, is amended by striking
in their entirety subparagraphs (n)(l)(A) and (B) of Code Section 34-
8-40, relating to the definition of the term employment, and
inserting in lieu thereof new subparagraphs (A) and (B) to read as
follows:
(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,
1986, by an alien admitted to the United States to perform service in
agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of
the Immigration and Nationality Act); or
(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 1,1986, 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 Code Section 34-8-121, which reads as follows:
34-8-121. (a) Each employer shall pay contributions equal to
the following percentages of wages payable by him with respect to
employment:
(1) Three and six-tenths percent with respect to employ-
ment for the six-month period beginning July 1, 1937, provided
that, if the total of any employers contributions at such 3.6
percent rate equals less than 1.8 percent of the annual payroll of
such employer for the calendar year 1937, such employer shall pay,
not later than January 15,1938, an additional lump sum contribu-
tion with respect to employment for such six-month period begin-
ning July 1,1937, equal to the difference between 1.8 percent of
his annual payroll for the calendar year 1937 and the total of his
contributions at such 3.6 percent rate for such six-month period
beginning July 1, 1937; provided, however, that the total of any
employers contributions at such 3.6 percent rate for such six-
GEORGIA LAWS 1984 SESSION
863
month period beginning July 1,1937, shall not exceed 1.8 percent
of his annual payroll for the calendar year 1937;
(2) Two and seven-tenths percent with respect to employ-
ment during the calendar years 1938,1939, and 1940; and
(3) Two and seven-tenths percent of wages paid by him
during the year 1941, and during each calendar year thereafter,
with respect to employment occurring after December 31, 1940,
except as provided in Code Section 34-8-123.
(b) A private, nonprofit institution of higher education shall pay
contributions at a rate of 1 percent of its taxable payroll unless such
an institution does not elect to make payments in lieu of contribu-
tions in accordance with Code Section 34-8-123. This contribution
rate of 1 percent will continue until such time as an institution is
eligible for an employment experience rating computation as pro-
vided in Code Section 34-8-122. Any private, nonprofit institution of
higher education that becomes an employer and subject to this
chapter after January 1, 1974, and elects to pay contributions shall
pay such contributions at a rate of 2.7 percent of its taxable payroll
and will continue to pay at such rate until such time as it is eligible for
an employment experience rating computation as provided in Code
Section 34-8-122.,
and inserting in lieu thereof a new Code Section 34-8-121 to read as
follows:
34-8-121. Each new or newly covered employer shall pay contri-
butions at a rate of 2.7 percent of wages payable by him with respect
to employment during each calendar year until he is eligible for a rate
calculation based on his experience as defined in this chapter, except
as provided in Code Section 34-8-123.
Section 3. Said chapter is further amended by striking in its
entirety subsection (e) of Code Section 34-8-122, relating to the
determination of rate of employer contributions in certain cases, and
inserting in lieu thereof a new subsection (e) to read as follows:
(e) The standard rate of contribution shall be 5.4 percent. The
standard rate of contribution is the rate from which variations
therefrom are computed in subsection (h) of this Code section.
864
GENERAL-ACTS AND RESOLUTIONS, VOL. I
Section 4. Said chapter is further amended by striking in its
entirety subsection (f) of Code Section 34-8-122, relating to the
determination of rate of employer contributions in certain cases, and
inserting in lieu thereof a new subsection (f) to read as follows:
(f) No employers rate shall be reduced below 2.7 percent for
any calendar year, except as provided in this Code section, unless and
until his account could have been chargeable with benefit payments
throughout the 36 consecutive calendar months ending on the compu-
tation date for that calendar year, except that for the calendar year
1955 and for each calendar year thereafter, an employer who has not
been subject to the law for a sufficient period to meet this require-
ment may qualify for a rate less than 2.7 percent if his account could
have been chargeable with benefit payments throughout a lesser
period, but in no event less than the four consecutive calendar
quarters ending on the computation date for that calendar year.
Section 5. Said chapter is further amended by striking in its
entirety subsection (h) of Code Section 34-8-122, relating to determi-
nation of rate of employer contributions in certain cases, which reads
as follows:
(h) Variations from the standard rate of contributions shall be
determined in accordance with the following requirements:
If the total of an employers contributions paid on or before the
last day of the month immediately following the computation date
with respect to wages paid by him on or before such computation date
exceeds the total benefits which were charged to his account and paid
on or before the computation date, his contribution rate for the ensu-
ing calendar year shall be determined by dividing such excess by his
average annual payroll and applying the resulting percentage to the
following rate table, which shall apply beginning with the computa-
tion date, December 31,1971, and each computation date thereafter
as shown:
RATE TABLE
If the excess percentage on:
June 30,1974 or June
June 30,1973_______________________________30 of subsequent years
The
Equals But Is Equals But Is Contribution
or Less or Less Rate Is
Exceeds Than Exceeds_________Than________(Percent)
0.00
0.93
0.93
1.27
0.00
0.86
0.86
1.17
2.16
2.08
GEORGIA LAWS 1984 SESSION
865
1.27
1.61
1.95
2.28
2.62
2.96
3.30
3.64
3.97
4.31
4.66
5.00
5.34
5.67
6.01
6.35
6.69
7.03
7.36
7.70
8.04
8.38
8.72
9.05
9.39 and
1.61
1.95
2.28
2.62
2.96
3.30
3.64
3.97
4.31
4.66
5.00
5.34
5.67
6.01
6.35
6.69
7.03
7.36
7.70
8.04
8.38
8.72
9.05
9.39
over
1.17
1.48
1.79
2.10
2.41
2.72
3.04
3.35
3.65
3.97
4.29
4.60
4.91
5.22
5.53
5.84
6.15
6.47
6.77
7.08
7.40
7.71
8.02
8.33
8.64 and
1.48
1.79
2.10
2.41
2.72
3.04
3.35
3.65
3.97
4.29
4.60
4.91
5.22
5.53
5.84
6.15
6.47
6.77
7.08
7.40
7.71
8.02
8.33
8.64
over
2.00
1.92
1.84
1.76
1.68
1.60
1.52
1.44
1.36
1.28
1.20
1.12
1.04
0.96
0.88
0.80
0.72
0.64
0.56
0.48
0.40
0.32
0.24
0.16
0.08
RATE TABLE
If the excess percentage on:
December 31,1971 ________
December 31,1972
Equals
or
Exceeds
But Is
Less
Than
Equals
or
Exceeds
0.0
1.1
0.00
But Is
Less
Than
The
Contribution
Rate Is
(Percent)
1.01
2.16
866
GENERAL ACTS AND RESOLUTIONS, VOL. I
1.1
1.5
1.9
2.3
2.7
3.1
3.5
3.9
4.3
4.7
5.1
5.5
5.9
6.3
6.7
7.1
7.5
7.9
8.3
8.7
9.1
9.5
9.9
10.3
10.7
11.1 and
1.5
1.9
2.3
2.7
3.1
3.5
3.9
4.3
4.7
5.1
5.5
5.9
6.3
6.7
7.1
7.5
7.9
8.3
8.7
9.1
9.5
9.9
10.3
10.7
11.1
over
1.01
1.38
1.75
2.12
2.48
2.85
3.22
3.59
3.96
4.32
4.69
5.06
5.43
5.80
6.16
6.53
6.90
7.27
7.64
8.00
8.37
8.74
9.11
9.48
9.84
10.21 and
1.38
1.75
2.12
2.48
2.85
3.22
3.59
3.96
4.32
4.69
5.06
5.43
5.80
6.16
6.53
6.90
7.27
7.64
8.00
8.37
8.74
9.11
9.48
9.84
10.21
over
2.08
2.00
1.92
1.84
1.76
1.68
1.60
1.52
1.44
1.36
1.28
1.20
1.12
1.04
0.96
0.88
0.80
0.72
0.64
0.56
0.48
0.40
0.32
0.24
0.16
0.08
Notwithstanding the above table:
(1) If the excess percentage on June 30,1975, or June 30
of subsequent years equals or exceeds 8.64 but is less than
8.95, the contribution rate is .08 percent;
(2) If the excess percentage on June 30,1975, or June 30
of subsequent years equals or exceeds 8.95, the contribution
rate is .04 percent.
Effective with the computation date December 31, 1962, and
ending with the computation date June 30, 1977, the contribution
rate of an employer whose contribution rate for calendar year 1971
and prior years was 2.7 percent or more or whose contribution rate for
calendar year 1972 and subsequent years was 2.16 percent or more
and who has a deficit reserve balance (total of all benefits charged
GEORGIA LAWS 1984 SESSION
867
exceeds total of all contributions paid) as of such computation date
shall be computed either on the basis of his total prior experience
record as of the computation date or on the basis of his experience
record for the three-year period ending on the computation date,
whichever is more advantageous to such employer; provided, further,
when an employers rate is computed based on his experience during
the three-year period ending on the computation date the record of
such employer covering experience prior to such three-year period
shall be void with respect to all future computations; provided, fur-
ther, if the total deficit of such employer is less than $500.00 or is less
than the deficit percentage of his average annual payroll as shown on
the first line of the appropriate table depending on the computation
date, such employers contribution rate shall be 2.16 percent. If the
total deficit of such employer is $500.00 or more and equals or exceeds
the deficit percentage of his average annual payroll as shown on the
first line of the appropriate table depending on the computation date,
such employers contribution rate shall be taken from the correspond-
ing table.
If the total of an employers contributions paid on or before the
last day of the month immediately following the computation date
with respect to wages paid by him on or before such computation date
is less than the total benefits which were charged to his account and
paid on or before the computation date, his contribution rate for the
ensuing calendar year shall be determined by dividing such deficit by
his average annual payroll and applying the resulting percentage to
the following rate table, which shall apply beginning with the compu-
tation date, June 30,1978, and each computation date thereafter as
shown:
RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE
ACCOUNTS
If the deficit percentage on:
December 31,1971___________________December 31,1972
The
Equals But Is Equals But Is Contribution
or Less or Less Rate Is
Exceeds_______Than Exceeds_______Than_______(Percent)
Under
3.1
3.1
3.8
Under
2.85
2.85
3.50
2.16
2.24
868
GENERAL ACTS AND RESOLUTIONS, VOL. I
3.8
4.2
4.6
5.0
5.4
5.8
6.2
6.6
7.0
7.4
7.8
8.2
8.6
9.0 and
4.2
4.6
5.0
5.4
5.8
6.2
6.6
7.0
7.4
7.8
8.2
8.6
9.0
over
3.50
3.86
4.23
4.60
4.97
5.34
5.70
6.07
6.44
6.81
7.18
7.54
7.91
8.28 and
3.86
4.23
4.60
4.97
5.34
5.70
6.07
6.44
6.81
7.18
7.54
7.91
8.28
over
2.32
2.40
2.48
2.56
2.64
2.72
2.80
2.88
2.96
3.04
3.12
3.20
3.28
3.36
RATE TABLE FOR EMPLOYERS WITH
DEFICIT RESERVE ACCOUNTS
If the deficit percentage on:
June 30, 1973
June 30, 1974 or June
30 of subsequent years
Equals
or
Exceeds
But Is
Less
Than
Equals
or
Exceeds
But Is
Less
Than
The
Contribution
Rate Is
(Percent)
Under
2.62
3.22
3.55
3.89
4.23
4.57
4.91
5.24
5.58
2.62
3.22
3.55
3.89
4.23
4.57
4.91
5.24
5.58
5.92
Under
2.41
2.96
3.27
3.58
3.89
4.20
4.52
4.82
5.13
2.41
2.96
3.27
3.58
3.89
4.20
4.52
4.82
5.13
5.45
2.16
2.24
2.32
2.40
2.48
2.56
2.64
2.72
2.80
2.88
GEORGIA LAWS 1984 SESSION
869
5.92
6.27
6.61
6.94
7.28
6.27
6.61
6.94
7.28
7.62
5.45
5.77
6.08
6.38
6.70
5.77
6.08
6.38
6.70
7.01
2.96
3.04
3.12
3.20
3.28
3.36,
7.62 and
over
7.01 and
over
and inserting in lieu thereof a new subsection (h) to read as follows:
(h) Variations from the standard rate of contributions shall be
determined in accordance with the following requirements:
(1) If the total of an employers contributions paid on or
before the last day of the month immediately following the
computation date with respect'to wages paid by him on or before
such computation date exceeds the total benefits which were
charged to his account and paid on or before the computation
date, his contribution rate for the ensuing calendar year shall be
determined by dividing such excess by his average annual payroll
and applying the resulting percentage to the following rate table
as shown:
RATE TABLE FOR EMPLOYERS
WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:
Equals
or
Exceeds
But Is
Less
Than
The
Contribution
Rate Is
(Percent)
0.00
0.86
1.17
1.48
1.79
2.10
2.41
2.72
3.04
3.35
3.65
3.97
0.86
1.17
1.48
1.79
2.10
2.41
2.72
3.04
3.35
3.65
3.97
4.29
2.16
2.08
2.00
1.92
1.84
1.76
1.68
1.60
1.52
1.44
1.36
1.28
870
GENERAL ACTS AND RESOLUTIONS, VOL. I
4.29
4.60
4.91
5.22
5.53
5.84
6.15
6.47
6.77
7.08
7.40
7.71
8.02
8.33
8.64
8.95 and
4.60
4.91
5.22
5.53
5.84
6.15
6.47
6.77
7.08
7.40
7.71
8.02
8.33
8.64
8.95
over
1.20
1.12
1.04
0.96
0.88
0.80
0.72
0.64
0.56
0.48
0.40
0.32
0.24
0.16
0.08
0.04
(2) If the total of an employers contributions paid on or
before the last day of the month immediately following the
computation date with respect to wages paid by him on or before
such computation date is less than the total benefits which were
charged to his account and paid on or before the computation
date, his contribution rate for the ensuing calendar year shall be
determined by dividing such deficit by his average annual payroll
and applying the resulting percentage to the following rate table
as shown:
RATE TABLE FOR EMPLOYERS
WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:
Equals
or
Exceeds
But Is
Less
Than
The
Contribution
Rate Is
(Percent)
0.0
0.5
1.5
2.5
3.5
4.5
5.5
0.5
1.5
2.5
3.5
4.5
5.5
6.5
2.2
2.4
2.6
2.8
3.0
3.2
3.4
GEORGIA LAWS 1984 SESSION
871
6.5
7.5
8.5
9.5
10.5
11.5
12.5
13.5
14.5
7.5
8.5
9.5
10.5
11.5
12.5
13.5
14.5
15.5
3.6
3.8
4.0
4.2
4.4
4.6
4.8
5.0
5.2
5.4
15.5 and
over
Section 6. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 34-8-152, relating to the
determination of eligibility for benefits of persons performing certain
services, which reads as follows:
(a) (1) 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; except that benefits based on service in an
instructional, research, or principal administrative capacity in an
institution of higher education shall not be paid to an individual
for any week of unemployment which begins during the period
between two successive academic years, or during a similar period
between two regular terms, whether or not successive, or during a
period of paid sabbatical leave provided for in the individuals
contract, if the individual has a contract or contracts to perform
services in any such capacity for any institution or institutions of
higher education for both such academic years or both such terms.
(2) Except as otherwise provided in this Code section, bene-
fits 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, however, that for weeks of unemployment
beginning after December 31, 1977, with respect to services per-
formed in an instructional, research, or principal administrative
capacity for a public or nonprofit educational institution, benefits
shall not be paid based on such services for any week of unemploy-
ment commencing during the period between two successive
872
GENERAL ACTS AND RESOLUTIONS, VOL. I
academic years or terms or when an agreement provides instead
for a similar period between two regular but not successive terms
or during a period of paid sabbatical leave provided for in the
individuals contract to any individual if such individual performs
such services in the first of such academic years or terms and if
there is a contract or a reasonable assurance that such individual
will perform services in any such capacity for any public or
nonprofit educational institution in the second of such academic
years or terms; provided, further, that paragraph (1) of this
subsection shall apply with respect to such services prior to
January 1,1978.
(3) (A) Except as otherwise provided in this Code section,
benefits based on service in employment as defined in subsec-
tions (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.
(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 succes-
sive 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.
(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.,
and inserting in lieu thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1984 SESSION
873
(a) 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:
(1) Except as otherwise provided in this Code section, with
respect to services performed in an instructional, research, princi-
pal administrative, or any other capacity for a public or nonprofit
educational institution, benefits shall not be paid based on such
services for any week of unemployment commencing during the
period between two successive academic years or terms or when an
agreement provides instead for a similar period between two
regular but not successive terms or during a period of paid
sabbatical leave provided for in the individuals contract to any
individual if such individual performs such services in the first of
such academic years or terms and if there is a contract or a
reasonable assurance that such individual will perform services in
any such capacity for any public or nonprofit educational institu-
tion in the second of such academic years or terms;
(2) If compensation is denied to an individual in any other
capacity under paragraph (1) of this subsection for any week 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 paragraph (1) of this subsection;
(3) Except as otherwise provided in this Code section, with
respect to any services described in paragraph (1) of this subsec-
tion, benefits shall not be paid to any individual for any week of
unemployment commencing during an established and customary
vacation period or holiday recess if such individual performs such
services in the period immediately before such vacation period or
holiday recess and there is a reasonable assurance that such
individual will perform such services in the period immediately
following such vacation period or holiday recess; and
(4) Except as otherwise provided in this Code section, with
respect to any services described in paragraph (1) of this subsec-
tion, benefits shall not be paid as specified in paragraphs (1) and
874
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) of this subsection to any individual for any week of unemploy-
ment if such individual performs such services in a public or
nonprofit educational institution while in the employ of any
educational service agency; and for this purpose, the term educa-
tional service agency shall mean a governmental agency or gov-
ernmental entity which is established and operated exclusively for
the purpose of providing such services to one or more public or
nonprofit educational institutions; provided, however, paragraph
(2) of this subsection shall be equally applicable to all such
employees.
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 28,1984.
LOCAL HOSPITAL AUTHORITIES
REIMBURSEMENT OF MEMBERS FOR CERTAIN
EXPENSES.
Code Section 31-7-74 Amended.
No. 1138 (House Bill No. 1216).
AN ACT
To amend Code Section 31-7-74 of the Official Code of Georgia
Annotated, relating to requirements, rules, regulations, and compen-
sation of members of local hospital authorities, so as to provide for an
alternative method of reimbursement of certain expenses on a per
diem basis in an amount not to exceed $100.00 per meeting and the
total amount not to exceed $100.00 per month; to provide an effective
date; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
875
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 31-7-74 of the Official Code of Georgia
Annotated, relating to requirements, rules, regulations, and compen-
sation of members of local hospital authorities, is amended by strik-
ing subsection (a) in its entirety and inserting in lieu thereof a new
subsection (a) to read as follows:
(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 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-trea-
surer, 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 or, in the alternative, the
members may elect to be reimbursed for such expenses on a per diem
basis in an amount not to exceed $100.00 per meeting and the total
amount not to exceed $100.00 per month. 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.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
876
GENERAL ACTS AND RESOLUTIONS, VOL. I
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE
WASTE MANAGEMENT COMPACT AMENDED.
Code Section 12-8-122 Amended.
No. 1139 (House Bill No. 1267).
AN ACT
To amend Article 5 of Chapter 8 of Title 12 of the Official Code of
Georgia Annotated, known as the Southeast Interstate Low-Level
Radioactive Waste Management Compact, so as to revise the text of
the compact so as to conform the text of the compact as such appears
in the Official Code of Georgia Annotated to the uniform text of the
compact as agreed to by the several states; to provide legislative
intent; to provide for all matters relative to the foregoing; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The General Assembly of Georgia finds and declares
that it is the intent of this Act to revise the text of the Southeast
Interstate Low-Level Radioactive Waste Management Compact so as
to conform the text of the compact as such appears in the Official
Code of Georgia Annotated to the uniform text of the compact as
agreed to by the several states.
Section 2. Article 5 of Chapter 8 of Title 12 of the Official Code
of Georgia Annotated, known as the Southeast Interstate Low-Level
Radioactive Waste Management Compact, is amended by striking in
its entirety Code Section 12-8-122, which sets forth the text of the
compact, and inserting in lieu thereof a new Code section to read as
follows:
12-8-122. The Compact is substantially as follows:
ARTICLE I. POLICY AND PURPOSE
There is hereby created the Southeast Interstate Low-Level
Radioactive Waste Management Compact. The party states recog-
nize and declare that each state is responsible for providing for
GEORGIA LAWS 1984 SESSION
877
availability of capacity either within or outside the state for disposal
of low-level radioactive waste generated within its borders, except for
waste generated as a result of defense activities of the federal govern-
ment or federal research and development activities. They also
recognize that the management of low-level radioactive waste is
handled most efficiently on a regional basis. The party states further
recognize that the Congress of the United States, by enacting the
Low-Level Radioactive Waste Policy Act (P.L. 96-573), has provided
for and encouraged the development of low-level radioactive waste
compacts as a tool for disposal of such waste. The party states
recognize that the safe and efficient management of low-level radioac-
tive waste generated within the region requires that sufficient capac-
ity to dispose of such waste be properly provided.
It is the policy of the party states to: enter into a regional low-level
radioactive waste management compact for the purpose of providing
the instrument and framework for a cooperative effort; provide
sufficient facilities for the proper management of low-level radioac-
tive waste generated in the region, promote the health and safety of
the region; limit the number of facilities required to effectively and
efficiently manage low-level radioactive waste generated in the
region; encourage the reduction of the amounts of low-level waste
generated in the region; distribute the costs, benefits, and obligations
of successful low-level radioactive waste management equitably
among the party states; and ensure the ecological and economical
management of low-level radioactive wastes.
Implicit in the Congressional consent to this Compact is the
expectation by the Congress and the party states that the appropriate
federal agencies will actively assist the Compact Commission and the
individual party states to this Compact by:
1. expeditious enforcement of federal rules, regulations, and
laws; and
2. imposing sanctions against those found to be in violation
of federal rules, regulations, and laws; and
3. timely inspection of their licensees to determine their
capability to adhere to such rules, regulations, and laws; and
4. timely provision of technical assistance to this Compact
in carrying out their obligations under the Low-Level Radioactive
Waste Policy Act as amended.
878
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE II. DEFINITIONS
As used in this Compact, unless the context clearly requires a
different construction:
a. Commission or Compact Commission means the South-
east Interstate Low-Level Radioactive Waste Management Commis-
sion.
b. facility means a parcel of land, together with the structures,
equipment, and improvements thereon or appurtenant thereto, which
is used or is being developed for the treatment, storage, or disposal of
low-level radioactive waste.
c. generator means any person who produces or possesses low-
level radioactive waste in the course of, or as an incident to, manufac-
turing, power generation, processing, medical diagnosis and treat-
ment, research, or other industrial or commercial activity. This does
not include persons who provide a service to generators by arranging
for the collection, transportation, storage or disposal of wastes with
respect to such waste generated outside the region.
d. high-level waste means irradiated reactor fuel, liquid
wastes from reprocessing irradiated reactor fuel, solids into which
such liquid wastes have been converted, and other high-level radioac-
tive waste as defined by the U.S. Nuclear Regulatory Commission.
e. host state means any state in which a regional facility is
situated or is being developed.
f. low-level radioactive waste or waste means radioactive
waste not classified as high-level radioactive waste, transuranic waste,
spent nuclear fuel, or by-product material as defined in Section
lle.(2) of the Atomic Energy Act of 1954, or as may be further defined
by federal law or regulation.
g. party state means any state which is a signatory party to
this Compact.
h. person means any individual, corporation, business enter-
prise, or other legal entity (either public or private).
GEORGIA LAWS 1984 SESSION
879
i. region means the collective party states.
j. regional facility means (1) a facility as defined in this Article
which has been designated, authorized, accepted, or approved by the
Commission to receive waste or (2) the disposal facility in Barnwell
County, South Carolina, owned by the State of South Carolina and as
licensed for the burial of low-level radioactive waste on July 1,1982,
but in no event shall this disposal facility serve as a regional facility
beyond December 31,1992.
k. state means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or
any other territorial possession of the United States.
l. transuranic wastes means waste material containing trans-
uranic elements with contamination levels as determined by the
regulations of (1) the U.S. Nuclear Regulatory Commission or (2) any
host state, if it is an agreement state under Section 274 of the Atomic
Energy Act of 1954.
m. waste management means the storage, treatment, or dis-
posal of waste.
ARTICLE III. RIGHTS AND OBLIGATIONS
The rights granted to the party states by this Compact are
additional to the rights enjoyed by sovereign states, and nothing in
this Compact shall be construed to infringe upon, limit, or abridge
those rights.
a. Subject to any license issued by the U.S. Nuclear Regulatory
Commission or a host state, each party state shall have the right to
have all wastes generated within its borders stored, treated, or
disposed of, as applicable, at regional facilities, and additionally shall
have the right of access to facilities made available to the region
through agreements entered into by the Commission pursuant to
Article IV(e)(9). The right of access by a generator within a party
state to any regional facility is limited by its adherence to applicable
state and federal law and regulation.
b. If no operating regional facility is located within the borders
of a party state and the waste generated within its borders must
therefore be stored, treated, or disposed of at a regional facility in
880
GENERAL ACTS AND RESOLUTIONS, VOL. I
another state, the party state without such facilities may be required
by the host state or states to establish a mechanism which provides
compensation for access to the regional facility according to terms
and conditions established by the host state or states and approved
by a two-thirds vote of the commission.
c. Each party state must establish the capability to regulate,
license, and ensure the maintenance and extended care of any facility
within its borders. Host states are responsible for the availability, the
subsequent post-closure observation and maintenance, and the
extended institutional control of their regional facilities, in accord-
ance with the provisions of Article V, Section b.
d. Each party state must establish the capability to enforce any
applicable federal or state laws and regulations pertaining to the
packaging and transportation of waste generated within or passing
through its borders.
e. Each party state must provide to the Commission on an
annual basis, any data and information necessary to the implementa-
tion of the Commissions responsibilities. Each party state shall
establish the capability to obtain any data and information necessary
to meet its obligation herein defined.
f. Each party state must, to the extent authorized by federal law,
require generators within its borders to use the best available waste
management technologies and practices to minimize the volumes of
wastes requiring disposal.
ARTICLE IV. THE COMMISSION
a. There is hereby created the Southeast Interstate Low-Level
Radioactive Waste Management Commission (Commission or
Compact Commission). The Commission shall consist of two voting
members from each party state to be appointed according to the laws
of each state. The appointing authorities of each state must notify
the Commission in writing of the identity of its members and any
alternates. An alternate may act on behalf of the member only in the
members absence.
b. Each Commission member is entitled to one vote. No action
of the Commission shall be binding unless a majority of the total
membership cast their vote in the affirmative, or unless a greater than
GEORGIA LAWS 1984 SESSION
881
majority vote is specifically required by any other provision of this
Compact.
c. The Commission must elect from among its members a presid-
ing officer. The Commission shall adopt and publish, in convenient
form, by-laws which are consistent with this Compact.
d. The Commission must meet at least once a year and shall also
meet upon the call of the presiding officer, by petition of a majority of
the party states, or upon the call of a host state. All meetings of the
Commission must be open to the public.
e. The Commission has the following duties and powers:
1. to receive and approve the application of a non-party
state to become an eligible state in accordance with the provisions
of Article VII(b); and,
2. to receive and approve the application of an eligible state
to become a party state in accordance with the provisions of
Article VII(c); and
3. to submit an annual report and other communications to
the governors and to the presiding officer of each body of the
legislature of the party states regarding the activities of the
Commission; and
4. to develop and use procedures for determining, consistent
with considerations for public health and safety, the type and
number of regional facilities which are presently necessary and
which are projected to be necessary to manage waste generated
within the region; and
5. to provide the party states with reference guidelines for
establishing the criteria and procedures for evaluating alternative
locations for emergency or permanent regional facilities; and
6. to develop and adopt, within one year after the Commis-
sion is constituted as provided in Article VII, Section d., proce-
dures and criteria for identifying a party state as a host state for a
regional facility as determined pursuant to the requirements of
this Article. In accordance with these procedures and criteria, the
Commission shall identify a host state for the development of a
882
GENERAL ACTS AND RESOLUTIONS, VOL. I
second regional disposal facility within three years after the
Commission is constituted as provided for in Article VII, Section
d. and shall seek to ensure that such facility is licensed and ready
to operate as soon as required but in no event later than 1991.
In developing criteria, the Commission must consider the
following: the health, safety, and welfare of the citizens of the
party states; the existence of regional facilities within each party
state; the minimization of waste transportation; the volumes and
types of wastes generated within each party state; and the envi-
ronmental, economic, and ecological impacts on the air, land and
water resources of the party states.
The Commission shall conduct such hearings , require such
reports, studies, evidence, and testimony, and do what is required
by its approved procedures in order to identify a party state as a
host state for a needed regional facility; and
7. in accordance with the procedures and criteria developed
pursuant to section (e)(6) of this Article, to designate, by a two-
thirds vote, a host state for the establishment of a needed regional
facility. The Commission shall not exercise this authority unless
the party states have failed to voluntarily pursue the development
of such facility. The Commission shall have the authority to
revoke the membership of a party state that willfully creates
barriers to the siting of a needed regional facility; and
8. to require of and obtain from party states, eligible states
seeking to become party states, and non-party states seeking to
become eligible states, data and information necessary to the
implementation of Commission responsibilities; and
9. notwithstanding any other provision of this Compact, to
enter into agreements with any person, state, or similar regional
body or group of states for the importation of waste into the region
and for the right of access to facilities outside the region for waste
generated within the region. The authorization to import requires
a two-thirds majority vote of the Commission, including an affir-
mative vote of both representatives of the host state in which any
affected regional facility is located. This shall be done only after
an assessment of the affected facilities capability to handle such
wastes; and
GEORGIA LAWS 1984 SESSION
883
10. to act or appear on behalf of any party state or states, only
upon written request of both members of the Commission for such
state or states, as an intervenor or party in interest before Con-
gress, state legislatures, any court of law, or any federal, state, or
local agency, board, or commission which has jurisdiction over the
management of wastes. The authority to act, intervene, or other-
wise appear shall be exercised by the Commission, only after
approval by a majority vote of the Commission; and
11. to revoke the membership of a party state in accordance
with Article VII(f).
f. The Commission may establish any advisory committees as it
deems necessary for the purpose of advising the Commission on any
matters pertaining to the management of low-level radioactive waste.
g. The Commission may appoint or contract for and compensate
a limited staff necessary to carry out its duties and functions. The
staff shall serve at the Commissions pleasure irrespective of the civil
service, personnel, or other merit laws of any of the party states or the
federal government and shall be compensated from funds of the
Commission. In selecting any staff, the Commission shall assure that
the staff has adequate experience and formal training to carry out
such functions as may be assigned to it by the Commission. If the
Commission has a headquarters it shall be in a party state.
h. Funding for the Commission shall be provided as follows:
1. each eligible state, upon becoming a party state, shall pay
$25,000 to the Commission which shall be used for costs of the
Commissions services.
2. each state hosting a regional disposal facility shall annu-
ally levy special fees or surcharges on all users of such facility,
based upon the volume of wastes disposed of at such facilities, the
total of which:
(a) must be sufficient to cover the annual budget of the
Commission; and
(b) must represent the financial commitments of all
party states to the Commission; and
884
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) must be paid to the Commission, provided, how-
ever, that each host state collecting such fees or surcharges
may retain a portion of the collection sufficient to cover its
administrative costs of collection, and that the remainder be
sufficient only to cover the approved annual budgets of the
Commission.
3. The Commission must set and approve its first annual
budget as soon as practicable after its initial meeting. Host states
for disposal facilities must begin imposition of the special fees and
surcharges provided for in this section as soon as practicable after
becoming party states, and must remit to the Commission funds
resulting from collection of such special fees and surcharges within
60 days of their receipt.
i. The Commission must keep accurate accounts of all receipts
and disbursements. An independent certified public accountant shall
annually audit all receipts and disbursements of Commission funds,
and submit an audit report to the Commission. Such audit report
shall be made a part of the annual report of the Commission required
by Article IV(e)(3).
j. The Commission may accept for any of its purposes and
functions any and all donations, grants of money, equipment, sup-
plies, materials, and services (conditional or otherwise) from any
state, or the United States, or any subdivision or agency thereof, or
interstate agency, or from any institution, person, firm or corpora-
tion, and may receive, utilize, and dispose of the same. The nature,
amount, and condition, if any, attendant upon any donation or grant
accepted pursuant to this paragraph, together with the identity of the
donor, grantor, or lender, shall be detailed in the annual report of the
Commission.
k. The Commission is not responsible for any costs associated
with (1) the creation of any facility, (2) the operation of any facility,
(3) the stabilization and closure of any facility, (4) the post-closure
observation and maintenance of any facility, or (5) the extended
institutional control, after post-closure observation and maintenance
of any facility.
l. As of January 1, 1986, the management of wastes at regional
facilities is restricted to wastes generated within the region, and to
wastes generated within non-party states when authorized by the
GEORGIA LAWS 1984 SESSION
885
Commission pursuant to the provisions of this compact. After
January 1, 1986, the Commission may prohibit the exportation of
waste from the region for the purposes of management.
m. 1. The Commission herein established is a legal entity
separate and distinct from the party states, capable of acting in its
own behalf, and is liable for its actions. Liabilities of the Commis-
sion shall not be deemed liabilities of the party states. Members of
the Commission shall not be personally liable for actions taken by
them in their official capacity.
2. Except as specifically provided in this Compact, nothing in
this Compact shall be construed to alter the incidence of liability
of any kind for any act, omission, course of conduct, or on account
of any casual or other relationships. Generators, transporters of
wastes, and owners and operators of sites shall be liable for their
acts, omissions, conduct, or relationships in accordance with all
laws relating thereto.
ARTICLE V. DEVELOPMENT AND OPERATION OF
FACILITIES
a. Any party state which becomes a host state in which a regional
facility is operated shall not be designated by the Compact Commis-
sion as a host state for an additional regional facility until each party
state has fulfilled its obligation, as determined by the Commission, to
have a regional facility operated within its borders.
b. A host state desiring to close a regional facility located within
its borders may do so only after notifying the Commission in writing
of its intention to do so and the reasons therefor. Such notification
shall be given to the Commission at least four years prior to the
intended date of closure. Notwithstanding the four year notice
requirement herein provided, a host state is not prevented from
closing its facility or establishing conditions of its use and operations
as necessary for the protection of the health and safety of its citizens.
A host state may terminate or limit access to its regional facility if it
determines that Congress has materially altered the conditions of this
compact.
c. Each party state designated as a host for a regional facility
shall take appropriate steps to ensure that an application for a license
to construct and operate a facility of the designated type is filed with
and issued by the appropriate authority.
886
GENERAL ACTS AND RESOLUTIONS, VOL. I
d. No party state shall have any form of arbitrary prohibition on
the treatment, storage, or disposal of low-level radioactive waste
within its borders.
ARTICLE VI. OTHER LAWS AND REGULATIONS
a. Nothing in this Compact shall be construed to:
1. abrogate or limit the applicability of any act of Congress
or diminish or otherwise impair the jurisdiction of any federal
agency expressly conferred thereon by the Congress;
2. abrogate or limit the regulatory responsibility and
authority of the U.S. Nuclear Regulatory Commission or of an
agreement state under Section 274 of the Atomic Energy Act of
1954 in which a regional facility is located;
3. make inapplicable to any person or circumstance any
other law of a party state which is not inconsistent with this
Compact;
4. make unlawful the continued development and operation
of any facility already licensed for development or operation on
the date this Compact becomes effective, except that any such
facility shall comply with Article III, Article IV and Article V and
shall be subject to any action lawfully taken pursuant thereto;
5. prohibit any storage or treatment of waste by the genera-
tor on its own premises;
6. affect any judicial or administrative proceeding pending
on the effective date of this Compact;
7. alter the relations between, and the respective internal
responsibilities of, the government of a party state and its subdivi-
sions; and
8. affect the generation, treatment, storage, or disposal of
waste generated by the atomic energy defense activities of the
Secretary of the U. S. Department of Energy or federal research
and development activities as defined in P. L. 96-573;
GEORGIA LAWS 1984 SESSION
887
9. affect the rights and powers of any party state and its
political subdivisions to regulate and license any facility within its
borders or to affect the rights and powers of any party state and its
political subdivisions to tax or impose fees on the waste managed
at any facility within its borders.
b. No party state shall pass any law or adopt any regulation
which is inconsistent with this Compact. To do so may jeopardize the
membership status of the party state.
c. Upon formation of the compact no law or regulation of a party
state or of any subdivision or instrumentality thereof may be applied
so as to restrict or make more inconvenient access to any regional
facility by the generators of another party state than for the genera-
tors of the state where the facility is situated.
d. Restrictions of waste management of regional facilities pursu-
ant to Article IV shall be enforceable as a matter of state law.
ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL,
REVOCATION, ENTRY INTO FORCE, TERMINATION
a. This Compact shall have as initially eligible parties the States
of Alabama, Florida, Georgia, Mississippi, North Carolina, South
Carolina, Tennessee, and Virginia.
b. Any state not expressly declared eligible to become a party
state to this Compact in section (a) of this Article may petition the
Commission, once constituted, to be declared eligible. The Commis-
sion may establish such conditions as it deems necessary and appro-
priate to be met by a state wishing to become eligible to become a
party state to this Compact pursuant to the provisions of this section.
Upon satisfactorily meeting such conditions and upon the affirmative
vote of two-thirds of the Commission, including the affirmative vote
of both representatives of a host state in which any affected regional
facility is located, the petitioning state shall be eligible to become a
party state to this Compact and may become a party state in the same
manner as those states declared eligible in section (a) of this Article.
c. Each state eligible to become a party state to this Compact
shall be declared a party state upon enactment of this Compact into
law by the state and upon payment of the fees required by Article
IV(h)(1). The Commission is the judge of the qualifications of the
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GENERAL ACTS AND RESOLUTIONS, VOL. I
party states and of its members and of their compliance with the
conditions and requirements of this Compact and the laws of the
party states relating to the enactment of this Compact.
d. 1. The first three states eligible to become party states to
this Compact which enact this Compact into law and appropriate
the fees required by Article IV(h)(l) shall immediately, upon the
appointment of their Commission members, constitute them-
selves as the Southeast Interstate Low-Level Radioactive Waste
Management Commission, shall cause legislation to be introduced
in the Congress which grants the consent of the Congress to this
Compact, and shall do those things necessary to organize the
Commission and implement the provisions of this Compact.
2. All succeeding states eligible to become party states to
this Compact shall be declared party states pursuant to the
provisions of section c of this Article.
3. The consent of the Congress shall be required for full
implementation of this Compact. The provisions of Article V,
Section d. shall not become effective until the effective date of the
import ban authorized by Article IV, Section L as approved by
Congress. The Congress may by law withdraw its consent only
every five years.
e. No state which holds membership in any other regional com-
pact for the management of low-level radioactive waste may be
considered by the Compact Commission for eligible state status or
party state status.
f. Any party state which fails to comply with the provisions of
this Compact or to fulfill the obligations incurred by becoming a party
state to this Compact may be subject to sanctions by the Commission,
including suspension of its rights under this Compact, and revocation
of its status as a party state. Any sanction shall be imposed only upon
the affirmative vote of at least two-thirds of the Commission mem-
bers. Revocation of party state status may take effect on the date of
the meeting at which the Commission approves the resolution impo-
sing such sanction, but in no event shall revocation take effect later
than 90 days from the date of such meeting. Rights and obligations
incurred by being declared a party state to this Compact shall
continue until the effective date of the sanction imposed or as
provided in the resolution of the Commission imposing the sanction.
GEORGIA LAWS 1984 SESSION
889
The Commission must, as soon as practicable after the meeting at
which a resolution revoking status as a party state is approved,
provide written notice of the action along with a copy of the resolution
to the governors, the presidents of the senates, and the speakers of the
houses of representatives of the party states, as well as chairmen of
the appropriate committees of the Congress.
g. Any party state may withdraw from this Compact by enacting
a law repealing the Compact, provided that if a regional facility is
located within such state, such regional facility shall remain available
to the region for four years after the date the Commission receives
notification in writing from the governor of such party state of the
rescission of the Compact. The Commission, upon receipt of the
notification, shall, as soon as practicable, provide copies of such
notification to the governors, the presidents of the senates, and the
speakers of the houses of representatives of the party states, as well as
the chairmen of the appropriate committees of the Congress.
h. This Compact may be terminated only by the affirmative
action of the Congress or by the rescission of all laws enacting the
Compact in each party state.
ARTICLE VIII. PENALTIES
a. Each party state, consistently with its own law, shall prescribe
and enforce penalties against any person not an official of another
state for violation of any provision of this Compact.
b. Each party state acknowledges that the receipt by a host state
of waste packaged or transported in violation of applicable laws and
regulations can result in imposition of sanctions by the host state
which may include suspension or revocation of the violators right of
access to the facility in the host state.
ARTICLE IX. SEVERABILITY AND CONSTRUCTION
The provisions of this Compact shall be severable and if any
phrase, clause, sentence, or provision of this Compact is declared by a
court of competent jurisdiction to be contrary to the Constitution of
any participating state or of the United States, or the applicability
thereof to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of this Compact and the
applicability thereof to any government, agency, person or circum-
890
GENERAL ACTS AND RESOLUTIONS, VOL. I
stance shall not be affected thereby. If any provision of this Compact
shall be held contrary to the Constitution of any state participating
therein, the Compact shall remain in full force and effect as to the
state affected as to all severable matters. The provisions of this
Compact shall be liberally construed to give effect to the purposes
thereof.
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 28,1984.
PESTICIDES GROUNDS FOR DENIAL, ETC.,
OF CONTRACTORS AND APPLICATORS LICENSES.
Code Section 2-7-102 Amended.
No. 1140 (House Bill No. 1294).
AN ACT
To amend Code Section 2-7-102 of the Official Code of Georgia
Annotated, relating to grounds for denial, suspension, revocation, or
modification of licenses, permits, or certifications under the Georgia
Pesticide Use and Application Act of 1976, so as to provide for the
denial, suspension, or revocation of pesticide contractors licenses and
certified commercial pesticide applicators licenses 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:
GEORGIA LAWS 1984 SESSION
891
Section 1. Code Section 2-7-102 of the Official Code of Georgia
Annotated, relating to grounds for denial, suspension, revocation, or
modification of licenses, permits, or certifications under the Georgia
Pesticide Use and Application Act of 1976, is amended by designat-
ing the existing language as subsection (a) of said Code section and
adding at the end thereof a new subsection (b) to read as follows:
(b) The Commissioner may suspend any pesticide contractors
license or any certified commercial pesticide applicators license,
pending inquiry, for not longer than ten days and, after opportunity
for a hearing, may deny, suspend, or revoke such license for a period
not to exceed five years upon a finding by the Commissioner that:
(1) The applicant for or holder of such a license has been
convicted of or has pleaded guilty to a violation of Code Section
16-13-31;
(2) The conviction occurred or the plea was entered on or
after January 1,1984;
(3) The conviction occurred or the plea was entered within
the immediately preceding five years; and
(4) An aircraft was used in the commission of such viola-
tion.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
892
GENERAL ACTS AND RESOLUTIONS, VOL. I
LANDLORD AND TENANT AFFIDAVITS FOR
WRITS OF POSSESSION.
Code Title 44, Chapters 7 and 14 Amended.
No. 1141 (House Bill No. 1342).
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated,
relating to property, so as to provide that an owner, his agent, his
attorney at law, or his attorney in fact may go before the clerk or
deputy clerk of either the judge of the superior court or the judge of
the state court and make an affidavit under oath seeking a writ of
possession; to provide that writs of possession shall be available in
certain rental transactions; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended by striking in its entirety Code
Section 44-7-50, relating to demand for possession and the procedure
upon tenants refusal, and inserting in its place a new Code Section
44-7-50 to read as follows:
44-7-50. In all cases where a tenant holds possession of lands or
tenements over and beyond the term for which they were rented or
leased to him or fails to pay the rent when it becomes due and in all
cases where lands or tenements are held and occupied by any tenant
at will or sufferance, whether under contract of rent or not, when the
owner of the lands or tenements desires possession of the lands or
tenements, the owner may, by himself, his agent, his attorney in fact,
or his attorney at law, demand the possession of the property so
rented, leased, held, or occupied. If the tenant refuses or fails to
deliver possession when so demanded, the owner, his agent, his
attorney at law, or his attorney in fact may go before the judge of the
superior court, the judge of the state court, or the clerk or deputy
clerk of either court, or the judge or the clerk or deputy clerk of any
other court with jurisdiction over the subject matter, or a magistrate
in the district where the land lies and make an affidavit under oath to
the facts.
GEORGIA LAWS 1984 SESSION
893
Section 2. Said title is further amended by striking in its entirety
Code Section 44-14-230, relating to authority to seek a writ of
possession for certain property, and inserting in its place a new Code
Section 44-14-230 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 rental transaction
means the lease or rental of goods or personal property.
(2) Any owner of personal property leased or rented in a
rental transaction who wishes to regain possession of such prop-
erty 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 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 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 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
894
GENERAL ACTS AND RESOLUTIONS, VOL. I
COURTS, CRIMINAL PROCEDURE CONDITIONS
FOR PROBATION IN CERTAIN CASES.
Code Sections 15-11-35 and 17-10-1 Amended.
No. 1142 (House Bill No. 1354).
AN ACT
To amend Code Section 15-11-35 of the Official Code of Georgia
Annotated, relating to disposition of delinquent children by juvenile
courts, so as to provide that, in any case where a child is found to have
committed a delinquent act and has not achieved a high school
diploma or the equivalent, the court may require as a condition of
probation that the child pursue a course of study which will lead to
achieving a high school diploma or the equivalent; to provide that, in
any case in which such a condition of probation may be imposed, the
court shall give express consideration to whether such a condition
should be imposed; to amend Code Section 17-10-1 of the Official
Code of Georgia Annotated, relating to fixing of sentence in misde-
meanor and felony cases in general, so as to require similar considera-
tion of such a condition of probation or suspension of sentence; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-11-35 of the Official Code of
Georgia Annotated, relating to disposition of delinquent children by
juvenile courts, is amended by adding a new subsection (c) to read as
follows:
(c) In any case in which a child who has not achieved a high
school diploma or the equivalent is placed on probation, the court
may require as a condition of probation that the child pursue a course
of study designed to lead to achieving a high school diploma or the
equivalent; and, in any case in which such a condition of probation
may be imposed, the court shall give express consideration to whether
such a condition should be imposed.
Section 2. Code Section 17-10-1 of the Official Code of Georgia
Annotated, relating to fixing of sentence in misdemeanor and felony
cases in general, is amended by adding a new subsection (c) to read as
follows:
GEORGIA LAWS 1984 SESSION
895
(c) In any case in which a minor defendant who has not
achieved a high school diploma or the equivalent is placed under a
probated or suspended sentence, the court may require as a condition
of probation or suspension of sentence that the defendant pursue a
course of study designed to lead to achieving a high school diploma or
the equivalent; and, in any case in which such a condition of probation
may be imposed, the court shall give express consideration to whether
such a condition should be imposed.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
DEPARTMENT OF PUBLIC SAFETY
RESTRICTIONS ON ELIGIBILITY FOR
APPOINTMENT TO UNIFORM DIVISION.
Code Section 35-2-43 Amended.
No. 1143 (House Bill No. 1364).
AN ACT
To amend Code Section 35-2-43 of the Official Code of Georgia
Annotated, relating to persons eligible for appointment or enlistment
in the Uniform Division of the Department of Public Safety, so as to
provide that no former member of the armed forces of the United
States who has been discharged with a discharge less than an honor-
able discharge shall be eligible for appointment or reappointment to
the Uniform Division; to provide an effective date; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
896
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 35-2-43 of the Official Code of Georgia
Annotated, relating to persons eligible for appointment or enlistment
in the Uniform Division of the Department of Public Safety, is
amended by striking subsection (f) in its entirety and inserting in lieu
thereof a new subsection (f) to read as follows:
(f) No former member of the National Guard of this state or of
any other state, of the armed forces of the United States, or of any
other law enforcement agency of the United States or of the various
states thereof who has been discharged with a discharge less than an
honorable discharge nor any former member of the Georgia State
Patrol who shall have been discharged for cause shall be eligible for
appointment or reappointment to the Uniform Division of the
Department of Public Safety.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
MOTOR VEHICLE LICENSE FEES AND PLATES
FEES FOR MOTORCYCLES.
Code Section 48-10-2 Amended.
No. 1144 (House Bill No. 1568).
AN ACT
To amend Code Section 48-10-2 of the Official Code of Georgia
Annotated, relating to annual license fees for operation of vehicles, so
as to change the amount of license fee for the operation of motorcy-
cles; to provide an effective date conditioned upon the passage of
certain legislation; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
897
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-10-2 of the Official Code of Georgia
Annotated, relating to annual license fees for operation of vehicles, is
amended by striking paragraph (2) in its entirety and inserting in lieu
thereof a new paragraph (2) to read as follows:
(2) For each motorcycle..............................$ 9.00
Section 2. The provisions of this Act shall become effective on
January 1, 1985; provided, however, that the-provisions of this Act
shall only become effective on the above date upon an Act entitled
An Act to amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to provide for a motorcycle
operator safety training program; to exempt certain applicants for
drivers licenses to operate vehicles in Class 2 from specified examina-
tions; to provide for additional training programs under certain
conditions; to define certain terms; to provide for the motorcycle
safety training course; to provide for powers and duties of the Board
of Public Safety and the Department of Public Safety; to provide for a
State-wide Motorcycle Safety Coordinator, his powers and duties; to
provide for instructors in such program and their training; to provide
an effective date; to repeal conflicting laws; and for other purposes.
becoming effective on January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
898
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY
MEMBERSHIP CHANGED.
Code Section 2-3-5 Amended.
No. 1145 (House Bill No. 1569).
AN ACT
To amend Code Section 2-3-5 of the Official Code of Georgia
Annotated, relating to the composition, officers, bylaws, quorum,
compensation of members and employees, and legal representation of
the Georgia Agrirama Development Authority, so as to change the
membership of the 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. Code Section 2-3-5 of the Official Code of Georgia
Annotated, relating to the composition, officers, bylaws, quorum,
compensation of members and employees, and legal representation of
the Georgia Agrirama Development Authority, is amended by strik-
ing said Code section in its entirety and substituting in lieu thereof a
new Code Section 2-3-5 to read as follows:
2-3-5. (a) The authority shall consist of 15 members as fol-
lows:
(1) The Commissioner of Agriculture or his designee;
(2) The president of the Georgia Farm Bureau Federation
or his designee;
(3) A member of the Public Service Commission to be
appointed by the Governor;
(4) The director of the Tourist Division of the Department
of Industry and Trade;
(5) The Secretary of State;
GEORGIA LAWS 1984 SESSION
899
(6) The director of the Coastal Plains Experiment Station;
(7) A representative appointed by the executive committee
of the University of Georgia College of Agriculture Alumni Associ-
ation;
(8) A member of the Chamber of Commerce of Tift County
to be appointed by the board of directors of that organization; and
(9) Seven members to be appointed by the Governor, one of
whom shall be a resident of the Tift area, and another who shall be
a member of the Georgia Young Farmers Association. The
members appointed by the Governor shall be appointed for a term
of four years and shall remain in office until the appointment and
qualification of their successors. Appointments by the Governor
to fill vacancies on the authority shall be for the unexpired term.
(b) The authority shall elect one of its members as chairman and
another as vice-chairman. It shall also elect a secretary and a
treasurer who need not be members. The offices of secretary and
treasurer may be combined in one person.
(c) The authority may make such bylaws for its government as it
deems necessary but is under no duty to do so.
(d) Any eight members of the authority shall constitute a
quorum necessary for the transaction of business. A majority vote of
those present at any meeting at which there is a quorum shall be
sufficient to do and perform any action permitted to the authority by
this chapter. No vacancy on the authority shall impair the right of a
quorum to transact any and all such business.
(e) The members of the authority shall receive no compensation
for their services. Employees of the authority shall receive reasonable
compensation for their services, the amount to be determined by the
members of the authority.
(f) The Attorney General shall provide legal services for the
authority. In connection therewith, Code Sections 45-15-13 through
45-15-16 shall be fully applicable.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
900
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
CRIMES AND OFFENSES PUNISHMENT FOR
CERTAIN CRIMES COMMITTED AGAINST PERSONS
65 YEARS OF AGE OR OLDER.
Code Title 16, Chapters 5 and 8 Amended.
No. 1146 (House Bill No. 213).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, so as to change the penalty provisions
relating to persons who are convicted of the crimes of aggravated
assault, aggravated battery, robbery, or theft by deception against
persons 65 years of age or older; to provide for certain procedures; 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 16 of the Official Code of Georgia Annotated,
relating to crimes and offenses, is amended by adding at the end of
Code Section 16-5-21, relating to the crime of aggravated assault, a
new subsection (d) to read as follows:
(d) Any person who commits the offense of aggravated assault
against a person who is 65 years of age or older shall, upon conviction
thereof, be punished by imprisonment for not less than three nor
more than 20 years.
GEORGIA LAWS 1984 SESSION
901
Section 2. Said title is further amended by adding at the end of
Code Section 16-5-24, relating to the crime of aggravated battery, a
new subsection (d) to read as follows:
(d) Any person who commits the offense of aggravated battery
against a person who is 65 years of age or older shall, upon conviction
thereof, be punished by imprisonment for not less than five nor more
than 20 years.
Section 3. Said title is further amended by striking in its entirety
Code Section 16-8-12, relating to penalties for violation of Code
Sections 16-8-2 through 16-8-9, and inserting in lieu thereof a new
Code Section 16-8-12 to read as follows:
16-8-12. (a) A person convicted of violation of Code Sections
16-8-2 through 16-8-9 shall be punished as for a misdemeanor except:
(1) If the property which was the subject of the theft
exceeded $500.00 in value, by imprisonment for not less than one
nor more than ten years or, in the discretion of the trial judge, as
for a misdemeanor;
(2) If the property was taken by a fiduciary in breach of a
fiduciary obligation or by an officer or employee of a government
or a financial institution in breach of his duties as such officer or
employee, by imprisonment for not less than one nor more than 15
years;
(3) If the crime committed was a violation of Code Section
16-8-2 and if the property which was the subject of the theft was a
memorial to the dead or any ornamentation, flower, tree, or shrub
placed on, adjacent to, or within any enclosure of a memorial to
the dead, by imprisonment for not less than one nor more than
three years. Nothing in this paragraph shall be construed as to
cause action taken by a cemetery, cemetery owner, lessee, trustee,
church, religious or fraternal organization, corporation, civic orga-
nization, or club legitimately attempting to clean, maintain, care
for, upgrade, or beautify a grave, gravesite, tomb, monument,
gravestone, or other structure or thing placed or designed for a
memorial of the dead to be a criminal act; or
(4) (A) The provisions of paragraph (1) of this subsection
notwithstanding, if the property which was the subject of the
902
GENERAL ACTS AND RESOLUTIONS, VOL. I
theft was a motor vehicle or was a motor vehicle part or
component which exceeded $100.00 in value, by impris-
onment for not less than one nor more than 20 years or, in the
discretion of the trial judge, as for a misdemeanor; provided,
however, that any person who is convicted of a second offense
under this paragraph shall be punished by imprisonment for
not less than three years nor more than 20 years, no portion of
which may be suspended, probated, deferred, or withheld;
and any person who is convicted of a third offense under this
paragraph shall be punished by imprisonment for not less
than ten years nor more than 20 years, no portion of which
may be suspended, probated, deferred, or withheld.
(B) Subsequent offenses committed under this para-
graph, including those which may have been committed after
prior felony convictions unrelated to this paragraph, shall be
punished as provided in Code Section 17-10-7.
(b) Except as otherwise provided in paragraph (4) of subsection
(a) of this Code section, any person who commits the offense of theft
by deception when the property which was the subject of the theft
exceeded $500.00 in value and the offense was committed against a
person who is 65 years of age or older shall, upon conviction thereof,
be punished by imprisonment for not less than five nor more than ten
years.
Section 4. Said title is further amended by adding at the end of
Code Section 16-8-40, relating to the crime of robbery, a new subsec-
tion (c) to read as follows:
(c) Notwithstanding any other provision of this Code section,
any person who commits the offense of robbery against a person who
is 65 years of age or older shall, upon conviction thereof, be punished
by imprisonment for not less than five nor more than 20 years.
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 28,1984.
GEORGIA LAWS 1984 SESSION
903
STATE GOVERNMENT PROCEDURE RELATING
TO DISPOSITION OF SURPLUS PROPERTY
CHANGED.
Code Section 50-5-142 Amended.
No. 1147 (House Bill No. 414).
AN ACT
To amend Article 4 of Chapter 5 of Title 50 of the Official Code of
Georgia Annotated, relating to the disposition of surplus property, so
as to delete the requirement for a monthly report; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
S ection 1. Article 4 of Chapter 5 of Title 50 of the Official Code
of Georgia Annotated, relating to the disposition of surplus property,
is amended by striking Code Section 50-5-142, relating to the proce-
dure for a list of surplus property, in its entirety and inserting in lieu
thereof a new Code Section 50-5-142 to read as follows:
50-5-142. The commissioner of administrative services shall
promulgate such rules and regulations as may be required to carry out
Code Sections 50-5-140, 50-5-141, 50-5-143, 50-5-144, and 50-5-146
and shall establish procedures whereby the sale of surplus property
shall be advertised and competitive bids for the purchase thereof
shall be secured, pursuant to Code Section 50-5-141.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
904
GENERAL ACTS AND RESOLUTIONS, VOL. I
TAX SALES COUNTIES AUTHORIZED TO
PURCHASE PERSONAL PROPERTY SOLD UNDER
TAX EXECUTIONS, ETC.
Code Section 48-4-22 Enacted.
No. 1148 (House Bill No. 442).
AN ACT
To amend Article 2 of Chapter 4 of Title 48 of the Official Code of
Georgia Annotated, relating to purchase by counties of property sold
under tax executions, so as to authorize counties to purchase personal
property sold under tax executions under certain conditions; to
provide procedures; to provide for the payment of taxes due the state;
to provide for a bill of sale for personal property; 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 48 of the Official Code
of Georgia Annotated, relating to purchase by counties of property
sold under tax executions, is amended by adding at the end thereof a
new Code section, to be designated Code Section 48-4-22, to read as
follows:
48-4-22. (a) The governing authority of any county may pur-
chase and hold in its official capacity any personal property offered
for sale by virtue of tax executions, except that the governing author-
ity may bid on the personal property only when other bids do not
cover the amount of tax executions, accrued interest, penalties, and
costs.
(b) The governing authority of the county shall not bid more for
the property than the amount of taxes, accrued interest, penalties,
and costs. The governing authority, upon bidding on any property,
shall draw its warrant on the county treasurer to pay to the levying
officers the costs due on the tax executions and costs accrued in
effecting tax sales. The governing authority of the county shall not be
required to pay the proportionate part of the taxes due the state, any
school district, or any other political subdivision or authority of
GEORGIA LAWS 1984 SESSION
905
counties by virtue of the tax sale until the personal property is resold
by the governing authority of the county in the manner provided by
law.
(c) When personal property is sold under tax executions at a tax
sale, the sale is final.
(d) The officer authorized to conduct tax sales shall issue a Bill
of Sale for Personal Property to the purchaser at the tax sale, and it
shall be substantially as follows:
STATE OF GEORGIA
BILL OF SALE FOR PERSONAL PROPERTY
This assignment made___________________, between the tax com-
missioner and ex officio sheriff of____ County, and
_________ , as purchaser,
Witnesseth: That,
Whereas, in obedience to writ(s) of fieri facias issued
against_____________, the
taxpayer and defendant in fi. fa., for unpaid state, county,
and applicable school taxes for the years_______, said tax
commissioner and ex officio sheriff of_______County did
on_______________, seize, levy, and serve notice on the within
described personal property and, after the same being duly
advertised agreeable to law, expose the said property within
the legal hours of sale, at public outcry before the courthouse
door in__________County, Georgia, on the day and year first
above written, when and where the same was knocked down
to the named purchaser for the highest and best bid amount
shown below, said purchaser being the highest and best
bidder.
Now, therefore, in consideration of the sum of $
___________, receipt of which is hereby acknowledged, the tax
commissioner and ex officio sheriff of__________ County
does assign, bargain, and sell, so far as the office of ex officio
sheriff authorizes him, unto the said purchaser, heirs, and
assigns,
906
GENERAL ACTS AND RESOLUTIONS, VOL. I
To have and to hold the said described personal prop-
erty, together with all the rights and also all the estate, right,
title, interest, claim, or demand of the said taxpayer and
defendant in fi. fa., heirs, and assigns, legal, equitable, or
otherwise whatsoever, in and to the same, unto the said
purchaser, heirs, and assigns.
In witness whereof, the said tax commissioner and ex
officio sheriff of__________County has set his hand and
affixed his seal hereto on the day and year first above written.
Tax commissioner and
ex officio sheriff of
______County, Georgia
Signed, sealed, and
delivered in the
presence of:
Unofficial
witness
Notary public
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
907
PUBLIC OFFICERS AND EMPLOYEES LEAVE OF
ABSENCE WITH PAY TO EMPLOYEE DONATING
KIDNEY FOR TRANSPLANTATION.
Code Section 45-20-31 Enacted.
No. 1149 (House Bill No. 559).
AN ACT
To amend Article 2 of Chapter 20 of Title 45 of the Official Code of
Georgia Annotated, relating to leaves of absence, so as to provide that
each employee of the State of Georgia or of any branch, department,
board, bureau, or commission of the State of Georgia who donates one
of such employees kidneys for the purpose of transplantation shall
receive a leave of absence, with pay, of 30 days; to provide that such
leave shall not be charged against or deducted from any annual or sick
leave and shall be included as service in computing any retirement or
pension benefits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 20 of Title 45 of the Official
Code of Georgia Annotated, relating to leaves of absence, is amended
by adding at the end thereof a new Code Section 45-20-31 to read as
follows:
45-20-31. Each employee of the State of Georgia or of any
branch, department, board, bureau, or commission of the State of
Georgia who donates one of such employees kidneys for the purpose
of transplantation shall receive a leave of absence, with pay, of 30
days and such leave shall not be charged against or deducted from any
annual or sick leave and shall be included as service in computing any
retirement of pension benefits. The employee shall not be entitled to
such leave of absence with pay unless he furnishes to his supervisor or
other proper authority a statement from a medical practitioner who is
to perform such transplantation procedure or from a hospital admin-
istrator that the employee is making a kidney donation as provided in
this Code section. If such donation does not occur, the provisions of
this Code section shall not be applicable.
908
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
EDUCATION LOCAL BOARDS DISCIPLINARY
HEARING OFFICERS OR PANELS
PROCEDURES, ETC.
Code Title 20, Chapter 2 Amended.
No. 1150 (House Bill No. 815).
AN ACT
To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20
of the Official Code of Georgia Annotated, relating to public school
disciplinary tribunals, so as to require local boards of education to
appoint a disciplinary hearing officer, panel, or tribunal of school
officials to hold a disciplinary hearing following certain instances of
alleged conduct on the part of students; to provide minimum proce-
dures for such hearings; to provide for decisions from the hearing and
for appeals of such decisions; to provide for reporting certain
instances of alleged conduct; to provide that proceedings and certain
records shall not be open to the public or subject to inspection by the
public; 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. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title
20 of the Official Code of Georgia Annotated, relating to public school
disciplinary tribunals, is amended by adding at the end thereof the
following:
GEORGIA LAWS 1984 SESSION
909
20-2-753. (a) In addition to any proceedings which are autho-
rized in Code Section 20-2-752, local boards of education shall
appoint a disciplinary hearing officer, panel, or tribunal of school
officials to hold a disciplinary hearing following any instance of:
(1) An alleged assault or battery by a student upon any
teacher, other school official, or employee;
(2) An alleged assault or battery by a student upon another
student, if, in the discretion of the school principal, the alleged
assault or battery could justify the expulsion or long-term suspen-
sion of the student; or
(3) Substantial damage alleged to be intentionally caused
by a student on school premises to personal property belonging to
a teacher, other school official, employee, or student, if, in the
discretion of the school principal, the alleged damage could justify
the expulsion or long-term suspension of the student;
(b) The board of education shall by appropriate rule, regulation,
or resolution require that when any instance specified in subsection
(a) of this Code section occurs the teacher, other school official,
employee, or student who is subjected to the assault, battery, or
damage shall file a complaint with the school administration and with
the local board of education.
20-2-754. (a) A disciplinary officer, panel, or tribunal of school
officials appointed as required by Code Section 20-2-753, shall, in
addition to any other requirements imposed by rules and regulations
which may have been promulgated pursuant to Code Section 20-2-
752, ensure that:
(1) All parties are afforded an opportunity for a hearing
after reasonable notice served personally or by mail. This notice
shall be given to all parties and to the parent or guardian of the
student or students involved and shall include a statement of the
time, place, and nature of the hearing; a short and plain statement
of the matters asserted; and a statement as to the right of all
parties to present evidence and to be represented by legal counsel;
(2) All parties are afforded an opportunity to present and
respond to evidence and to examine and cross-examine witnesses
on all issues unresolved; and
910
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) A verbatim electronic or written record of the hearing
shall be made and shall he available to all parties.
(b) If appointed to review an instance specified in Code Section
20-2-753, the disciplinary officer, panel, or tribunal shall conduct the
hearing and, after receiving all evidence, render its decision, which
decision shall be based solely on the evidence received at the hearing.
The decision shall be in writing and shall be given to all parties within
ten days of the close of the record. Any decision by such disciplinary
officer, panel, or tribunal may be appealed to the local board of
education by filing a written notice of appeal within 20 days from the
date the decision is rendered. Any disciplinary action imposed by
such officer, panel, or tribunal may be suspended by the superinten-
dent of schools pending the outcome of the appeal.
(c) The local board of education shall review the record and shall
render a decision in writing. The decision shall be based solely on the
record and shall be given to all parties within ten days from the date it
receives the notice of appeal. The board may take any action it
determines appropriate, and any decision of the board shall be final.
All parties shall have the right to be represented by legal counsel at
any such appeal and during all subsequent proceedings.
20-2-755. The disciplinary officer, panel, or tribunal of school
officials, when appointed as required in Code Section 20-2-753, shall
determine what, if any, disciplinary action shall be taken. Such
action may include, but is not limited to, expulsion, long-term sus-
pension, or short-term suspension. Any action taken by such officer,
panel, or tribunal shall be subject to modification by the local school
board on appeal.
20-2-756. (a) The school administration, disciplinary hearing
officer, panel, tribunal of school officials, or the local board of
education may, when any instance specified in subsection (a) of Code
Section 20-2-753 occurs, report the incident to the appropriate law
enforcement agency or officer for investigation to determine if crimi-
nal charges or delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a
law enforcement agency or officer shall be subject to any action for
malicious prosecution, malicious abuse of process, or malicious use of
process.
GEORGIA LAWS 1984 SESSION
911
20-2-757. (a) No proceeding under this subpart shall be sub-
ject to Chapter 80 of Title 36, relating to open meetings of govern-
mental bodies, and the verbatim electronic or written record and the
written decisions prepared under this subpart shall not be subject to
public inspection under Article 4 of Chapter 18 of Title 50, relating to
public records.
(b) No other disciplinary proceeding or appeal or review thereof
conducted by a school administration or board of education shall be
subject to Chapter 80 of Title 36, relating to open meetings of
governmental bodies, and the verbatim electronic or written record
and the written decisions prepared by a school administration or
board of education in such proceeding shall not be subject to public
inspection under Article 4 of Chapter 18 of Title 50, relating to public
records.
(c) The board of education shall prepare a written summary of
any proceeding under this subpart which summary shall include a
description of the incident and the disposition thereof but shall not
contain the names of any party to the incident. The summary shall be
a public record.
20-2-758. Nothing in this subpart shall be construed to prohibit,
restrict, or limit in any manner any cause of action otherwise provided
by law and available to any teacher, school official, employee, or
student. The provisions of subsections (b) through (f) of Code Section
20-2-1160 shall apply to all proceedings under this subpart.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
912
GENERAL ACTS AND RESOLUTIONS, VOL. I
CIVIL PRACTICE EFFECT OF ENTRY ON
EXECUTION OR NOTICE OF EFFORT TO
ENFORCE EXECUTION RERECORDATION.
Code Section 9-12-60 Amended.
No. 1151 (House Bill No. 915).
AN ACT
To amend Code Section 9-12-60 of the Official Code of Georgia
Annotated, relating to dormancy of judgments and general execution
dockets, so as to provide that when an entry is made on an execution
or when notice of an effort to enforce an execution is filed for record,
such execution shall be rerecorded in the current general execution
docket if the original execution is recorded in a general execution
docket other than the current docket; to provide that in such a case an
appropriate notation shall be made upon the original execution; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 9-12-60 of the Official Code of Georgia
Annotated, relating to dormancy of judgments and general execution
dockets, is amended by adding a new subsection (c) to read as follows:
(c) When an entry on an execution or a written notice of public
effort is filed for record and the original execution is recorded in a
general execution docket other than the current general execution
docket, the original execution shall be rerecorded in the current
general execution docket with all entries thereon. When an original
execution is so rerecorded, a notation shall be made upon the original
execution which states that it has been rerecorded and gives the hook
and page number where the execution has been rerecorded. When an
original execution is so rerecorded in the current general execution
docket, it shall be indexed in the current general execution docket in
the same manner as if it were an original execution. Nothing in this
subsection shall affect the priority of any judgment or lien; and no
judgment or lien shall lose any priority because an execution is
rerecorded.
GEORGIA LAWS 1984 SESSION
913
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
CHIROPRACTORS AUTHORITY OF BOARD
QUALIFICATIONS OF APPLICANTS FOR
LICENSURE CHANGED, ETC.
Code Title 43, Chapter 9 Amended.
No. 1152 (House Bill No. 926).
AN ACT
To amend Chapter 9 of Title 43 of the Official Code of Georgia
Annotated, relating to the regulation of the practice of chiropractic,
so as to provide for certain authority for the board; to change the
qualifications for applicants for licensure; to change the provisions
relative to examination for licensure; to change the qualifications for
licensure by reciprocity; to change the continuing education require-
ments; to delete the provision requiring licenses to be recorded with
the clerk of superior court; to require licensees to notify the board of a
change of address; to change the provisions relative to administrative
sanctions; to provide for injunctive relief; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 9 of Title 43 of the Official Code of Georgia
Annotated, relating to the regulation of the practice of chiropractic, is
amended by inserting immediately following Code Section 43-9-6 a
new Code Section 43-9-6.1 to read as follows:
43-9-6.1. The board is authorized to:
914
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Adopt, amend, and repeal such rules and regulations not
inconsistent with this chapter necessary for the proper adminis-
tration and enforcement of said chapter;
(2) Examine, issue, renew, and reinstate the licenses of duly
qualified applicants for licensure to practice chiropractic in this
state;
(3) Deny, suspend, revoke, or otherwise sanction licenses to
practice chiropractic in this state;
(4) Initiate investigations for the purpose of discovering
violations of this chapter;
(5) Conduct hearings upon charges calling for the discipline
of a licensee or on violations of this chapter; and
(6) Issue to chiropractors, licensed under this chapter, cer-
tificates under the seal of the board evidencing such licensure and
signed, either by hand or facsimile signature, by the president of
the board and the joint-secretary.
Section 2. Said chapter is further amended by striking Code
Section 43-9-7, relating to qualifications of applicants, in its entirety
and inserting in lieu thereof a new Code Section 43-9-7 to read as
follows:
43-9-7. (a) Any person wishing to practice chiropractic in this
state shall make written application to the board through the joint-
secretary in such form as may be adopted and directed by the board.
(b) Application shall be in writing and shall be signed by the
applicant in his own handwriting; shall be sworn to before some
officer authorized under the laws to administer oaths; shall recite the
history of the applicants educational qualifications, how long he has
studied chiropractic, what collateral branches, if any, he has studied,
the length of time he has engaged in clinical practice, with proof
thereof in the form of diplomas, certificates, etc.; and shall accom-
pany the application with satisfactory evidence of good character and
reputation.
(c) Each applicant shall send with his application an application
fee in an amount established by the board.
GEORGIA LAWS 1984 SESSION
915
(d) Each applicant shall be of good moral character and shall be
a graduate of a chiropractic school or college accredited by the
Council on Chiropractic Education or a board approved successor or a
chiropractic school or college which is actively seeking accreditation
from the Council on Chiropractic Education or a board approved
successor, which requires a four-year standard college course and is
approved by the board.
(e) In addition to the requirements heretofore provided in this
Code section, each applicant for examination shall have successfully
concluded two years general college training in schools or colleges
approved by the Southern Association of Accredited Colleges and
Universities or schools or colleges approved by virtue of reciprocity
through such association.
Section 3. Said chapter is further amended by striking Code
Section 43-9-8, relating to examinations, in its entirety and inserting
in lieu thereof a new Code Section 43-9-8 to read as follows:
43-9-8. All applicants for licenses shall take an examination
approved by the board.
Section 4. Said chapter is further amended by striking Code
Section 43-9-9, relating to reciprocity, in its entirety and inserting in
lieu thereof a new Code Section 43-9-9 to read as follows:
43-9-9. Persons licensed to practice chiropractic under the laws
of any other state having requirements equal to those of this chapter
may, in the discretion of the board, be issued a license to practice
chiropractic in this state without written examination upon the
payment of a fee in an amount established by the board.
Section 5. Said chapter is further amended by striking in its
entirety Code Section 43-9-10, which reads as follows:
43-9-10. Every person who receives a license from the board
shall have the license recorded in the office of the clerk of the superior
court of the county in which he resides and shall likewise have it
recorded in the counties to which he may subsequently move for the
purpose of practicing chiropractic.,
and inserting in its place the following:
916
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-9-10. Reserved.
Section 6. Said chapter is further amended by striking Code
Section 43-9-10.1, relating to display of license, in its entirety and
inserting in lieu thereof a new Code Section 43-9-10.1 to read as
follows:
43-9-10.1. Every person licensed under this chapter shall:
(1) Display such license in a conspicuous place in such
persons principal place of business; and
(2) Notify the board of any change of business or residence
address.
Section 7. Said chapter is further amended by striking Code
Section 43-9-11, relating to licensing renewal and continuing educa-
tion, in its entirety and inserting in lieu thereof a new Code Section
43-9-11 to read as follows:
43-9-11. Every person who receives or has received a license to
practice chiropractic from the board shall pay the board on or before
the renewal date a fee in an amount established by the board,
payment of which shall renew his license to practice chiropractic for
the ensuing two years, provided that the board has satisfactory
evidence that the applicant for renewal has completed a minimum of
12 hours of continuing education per year as approved by the board.
All chiropractic colleges teaching an approved course of instruction
shall be classified as approved.
Section 8. Said chapter is further amended by striking Code
Section 43-9-12, relating to the grounds for refusal or revocation of
licenses, in its entirety, which reads as follows:
43-9-12. (a) The board may refuse to grant or may revoke a
license to practice chiropractic or may cause a licensees name to be
removed from the records in the office of the clerk of the superior
court in any county, upon any of the following grounds:
(1) The employment of fraud or deception in applying for a
license or in passing an examination provided for in this chapter;
GEORGIA LAWS 1984 SESSION
917
(2) Habitual intemperance in the use of alcoholic beverages
or narcotics;
(3) Inability or manifest incompetency or any immoral or
unprofessional conduct;
(4) Conviction of a crime involving moral turpitude;
(5) Conviction of the offense of criminal abortion or
attempting to perform a criminal abortion;
(6) The obtaining of a fee on representation that a mani-
festly incurable disease can be permanently cured;
(7) Causing the publication and circulation of an advertise-
ment of any remedy or means whereby the monthly periods of
women can be regulated or the menses, if suppressed, can be
reestablished;
(8) Causing the publication and circulation of an advertise-
ment relative to any disease of the sexual organs;
(9) Any violation of any federal or state law relating to drugs
or narcotics; or
(10) Knowingly making any fraudulent, misleading, or
deceptive statement in any form of advertising or making any
statement in any advertising concerning the quality of the chiro-
practic services rendered by such licensee or applicant or any
chiropractor associated with him.
(b) The board may adopt, amend, or repeal such rules consistent
with the law as may be necessary to enable it to carry this chapter into
effect.,
and inserting in lieu thereof a new Code Section 43-9-12 to read as
follows:
43-9-12. (a) The board shall have the authority to refuse to
grant a license to an applicant therefor or to revoke the license of a
person licensed by that board or to discipline a person licensed by
that board, upon a finding by a majority of the entire board that the
licensee or applicant has:
918
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Failed to demonstrate the qualifications or standards for
a license contained in this chapter or the rules or regulations
promulgated hereunder; 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 appli-
cant 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 chiropractic or on
any document connected therewith; or practiced fraud or deceit or
intentionally made any false statement in obtaining a license to
practice the licensed business or profession; or made a false
statement or deceptive 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 paragraph and paragraph (4) of 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 paragraph, 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
(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 Article 3 of Chapter 8 of Title 42, relating to
probation of first offenders, or other first offender treatment shall
be conclusive evidence of arrest and sentencing for such crime;
GEORGIA LAWS 1984 SESSION
919
(5) Had his license to practice chiropractic revoked, sus-
pended, or annulled by any lawful licensing authority other than
the board; or had other disciplinary action taken against him by
any such lawful licensing authority other than the board; or was
denied a license by any such lawful licensing authority other than
the board, pursuant to disciplinary proceedings, or was refused
the renewal of a license by any such lawful licensing authority
other than the board, pursuant to disciplinary proceedings;
(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 chiropractic, 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 chiropractic but shows that the
licensee or applicant has committed any act or omission which is
indicative of bad moral character or untrustworthiness; unprofes-
sional conduct shall also include any departure from, or the failure
to conform to, the minimal standards of acceptable and prevailing
practice of chiropractic;
(7) 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 chiropractic or to practice outside the scope of
any disciplinary limitation placed upon the licensee by the board;
(8) 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 chiropractic 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;
(9) 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; or
920
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Displayed an inability to practice chiropractic with rea-
sonable skill and safety to the public or has become unable to
practice chiropractic with reasonable skill and safety to the public
by reason of illness, use of alcohol, drugs, narcotics, chemicals, or
any other type of material.
(b) The provisions of Chapter 13 of Title 50, the Georgia
Administrative Procedure Act, with respect to emergency action and
summary suspension of a license are adopted and incorporated by
reference into this Code section.
(c) For purposes of this Code section, the board may obtain,
through subpoena by the joint-secretary, 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 or pursuant to any
other provision of this chapter, 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;
(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; or
(7) Impose a fine not to exceed $500.00 for each violation of
a law, rule, or regulation relating to the practice of chiropractic.
GEORGIA LAWS 1984 SESSION
921
(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 Code section or the laws relating to chiro-
practic.
(h) Neither 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 to be a contested case within the meaning of
Chapter 13 of Title 50, 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;
(i) The voluntary surrender of a license or the failure to renew a
license by the end of an established penalty period shall have the
same effect as a revocation of said license, subject to reinstatement in
the discretion of the board. The board may restore and reissue a
license to practice chiropractic and, as a condition thereof, may
impose any disciplinary sanction provided by this chapter.
(j) The board, the joint-secretary, or the appropriate prose-
cuting attorney may bring an action to enjoin the unlicensed practice
of chiropractic by any person. The action to restrain and enjoin such
unlicensed practice shall be brought in the superior court of the
county where the unlicensed person resides. It shall not be necessary
to allege or prove that there is no adequate remedy at law to obtain an
injunction under this Code section.
922
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 9. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
ELECTIONS AUTHORITY OF REGISTRAR TO
CHANGE ENTRY OF ELECTORS ADDRESS LIMITED.
Code Title 21, Chapters 2 and 3 Amended.
No. 1153 (House Bill No. 942).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that the board of registrars shall
not make any change of residence on a persons voter registration card
without written notification of such change by the elector; 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 subsection (c) of Code
Section 21-2-240, relating to procedures upon the change of residence
of an elector, in its entirety and inserting in lieu thereof a new
subsection (c) to read as follows:
(c) In the event any elector moves to a residence within the
county and has a different address from the address contained on the
persons registration card, it shall be his duty to notify the board of
registrars of such fact 30 days prior to the primary or election in which
he wishes to vote by submitting the change of address in writing,
under oath; and the board of registrars shall place such persons name
on the proper list of electors at least five days prior to such primary or
election.
GEORGIA LAWS 1984 SESSION
923
Section 2. Said title is further amended by striking Code Section
21-3-140, relating to procedures upon the change of residence of an
elector in a municipal election, in its entirety and inserting in lieu
thereof a new Code Section 21-3-140 to read as follows:
21-3-140. In the event any elector moves to a residence within
the municipality which has a different address from the address
contained on such persons registration card, it shall be his duty to
notify the board of registrars of such fact by submitting the change of
address in writing, under oath; and the board shall place such
persons name on the proper list of electors. Any elector who moves
to a residence within the municipality but into a different precinct or
who moves to a residence in the same precinct but at a different
address and fails to notify the board of registrars of such fact prior to
an election or primary shall vote in the precinct of his former
residence for such election or primary and for any runoffs resulting
therefrom. The superintendent of an election shall make available at
each polling place forms which shall be completed by each such
elector to reflect his present legal residence. Such forms may also be
used to notify the board of registrars of a change in an electors name.
The board of registrars shall thereafter place the elector in the proper
precinct and correct the list of electors accordingly. If the elector is
placed in a precinct other than the one in which he has previously
been voting, he shall be notified of his new polling place by first-class
mail.
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 28,1984.
924
GENERAL ACTS AND RESOLUTIONS, VOL. I
INNKEEPERS LIABILITY FOR VALUABLES OF
GUESTS LAW CHANGED.
Code Title 43, Chapter 21 Amended.
No. 1154 (House Bill No. 951).
AN ACT
To amend Article 1 of Chapter 21 of Title 43 of the Official Code of
Georgia Annotated, relating to the rights, duties, and liabilities of
innkeepers, so as to change the provisions relating to the liabilities of
the innkeeper for valuables of guests; 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. Article 1 of Chapter 21 of Title 43 of the Official Code
of Georgia Annotated, relating to the rights, duties, and liabilities of
innkeepers, is amended by striking Code Section 43-21-10, relating to
the deposit of valuables by guests with innkeepers, in its entirety and
substituting in lieu thereof a new Code Section 43-21-10 to read as
follows:
43-21-10. The innkeeper may provide a safe or other place of
deposit for valuable articles and, by posting a notice thereof, may
require guests of the innkeeper to place such valuable articles therein
or the innkeeper shall be relieved from responsibility for such articles.
For all valuable articles placed by a guest with an innkeeper for
safekeeping, the innkeeper shall give a receipt therefor to evidence
the fact of such deposit. No guest shall recover from the innkeeper
more than $750.00 for loss of valuable articles deposited with the
innkeeper for safekeeping unless such guest shall possess a receipt of
the innkeeper for the valuable articles claimed to have been lost.
Section 2. Said article is further amended by striking subsection
(a) of Code Section 43-21-11, relating to the limitation of liability of
innkeepers for valuables deposited with the innkeeper, in its entirety
and substituting in lieu thereof a new subsection (a) to read as follows:
GEORGIA LAWS 1984 SESSION
925
(a) No hotel, apartment hotel, or innkeeper shall be responsible
in an amount in excess of $1,000.00 for the loss or theft of any
valuables, including cash, jewelry, etc., which are contained in a
package, box, bag, or other container left with the hotel proprietor or
innkeeper to be placed in the safe or other depository of the hotel or
inn, provided that the liability of the hotel or innkeeper may be
increased to an amount in excess of $1,000.00 by a written contract
entered into between the parties providing a greater liability; pro-
vided, further, that the contract shall not call for any additional cost
to the guest.
Section 3. Said article is further amended by striking Code
Section 43-21-12, relating to limitations on liabilities of innkeepers, in
its entirety and substituting in lieu thereof a new Code Section 43-21-
12 to read as follows:
43-21-12. In case of loss of property entrusted by a guest to an
innkeeper, it will be presumed that the innkeeper failed to exercise
extraordinary diligence with regard to such property. Negligence or
default by the guest, of which the loss is a consequence, shall be a
sufficient defense. The liability of the innkeeper for loss of or injury to
personal property placed by any guest under the innkeepers care,
other than valuable articles which must be delivered to the innkeeper
to be deposited in a safe or other place of deposit, shall not exceed the
sum of $1,000.00, provided that any guest may, at any time before
loss, damage, or destruction of tbe guests property, notify the
innkeeper in writing that the property of the guest exceeds in value
the sum of $1,000.00 and shall, upon demand of the innkeeper,
furnish the innkeeper a list or schedule of the same, with the value
thereof, in which case the innkeeper shall be liable for the full value of
such property in case of loss, damage, or destruction because of
negligence on the innkeepers part; provided, further, that the
innkeeper shall post a copy of this Code section, printed in distinct
type, on the inside of the door of the guests room. The innkeeper may
adopt reasonable regulations for the innkeepers protection, and the
publication of such rules to the innkeepers guests shall bind them to
comply therewith.
Section 4. This Act shall become effective on January 1,1985.
926
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
PEACE OFFICERS ANNUITY AND BENEFIT FUND
COMPOSITION OF BOARD OF COMMISSIONERS
CHANGED.
Code Section 47-17-20 Amended.
No. 1155 (House Bill No. 975).
AN ACT
To amend Code Section 47-17-20 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Peace
Officers Annuity and Benefit Fund, so as to change the composition
of said board; to provide for other matters relative to the foregoing; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-17-20 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Peace
Officers Annuity and Benefit Fund, is amended by striking said Code
section in its entirety and substituting in lieu thereof a new Code
Section 47-17-20 to read as follows:
47-17-20. (a) In order to carry out this chapter and to perform
the duties fixed in it, there is created the Board of Commissioners of
the Peace Officers Annuity and Benefit Fund. The board shall be
composed of six members, as follows:
GEORGIA LAWS 1984 SESSION
927
(1) The Governor or the Governors designee;
(2) The Attorney General or the Attorney Generals
designee;
(3) The Insurance Commissioner or the Insurance Commis-
sioners designee;
(4) A peace officer actively employed by an agency of the
state or a retired peace officer who was employed by an agency of
the state upon retirement;
(5) A peace officer actively employed by a county or a
retired peace officer who was employed by a county upon retire-
ment; and
(6) A peace officer actively employed by a municipality or a
retired peace officer who was employed by a municipality upon
retirement.
(b) Each of the members provided for under paragraphs (4), (5),
and (6) of subsection (a) of this Code section shall be an active
member of the fund or a retired peace officer who is a beneficiary of
the fund. Each such member shall be appointed by the Governor to
take office on July 1,1984. The initial member appointed pursuant to
paragraph (4) of subsection (a) of this Code section shall be the
successor to incumbent board member, Sergeant Robert Brown,
whose regular term of office expires October 31,1984, and the term of
said incumbent member is shortened to expire on June 30,1984; and
the initial term of the successor appointed by the Governor shall be
one year. The initial member appointed pursuant to paragraph (5) of
subsection (a) of this Code section shall be the successor to incumbent
board member, Captain Raymond Purvis, whose regular term of
office expires on October 31, 1985, and the term of said incumbent
member is shortened to expire on June 30,1984; and the initial term
of the successor appointed by the Governor shall be two years. The
initial member appointed pursuant to paragraph (6) of subsection (a)
of this Code section shall be the successor to incumbent board
member, Sergeant Terry McAfee, whose regular term of office expires
October 31, 1984, and the term of said incumbent member is short-
ened to expire on June 30,1984; and the initial term of the successor
appointed by the Governor shall be three years. Thereafter, succes-
sors to such members shall be appointed by the Governor to take
928
GENERAL ACTS AND RESOLUTIONS, VOL. I
office upon the expiration of the respective terms of office for terms of
three years. All such members shall serve until their successors are
appointed and qualified.
(c) If a vacancy occurs in a position on the board held by one of
the members appointed pursuant to subsection (b) of this Code
section, the Governor shall fill such vacancy for the unexpired term
within 30 days after the date the vacancy occurred. The members of
the board shall receive the same expense allowance as that received
by members of the General Assembly and the same mileage allowance
for the use of a personal automobile as that received by other state
officials or employees or a travel allowance of actual transportation
costs if traveling by public carrier within the state. Any board
member shall also be reimbursed for any conference or meeting
registration fee incurred in the performance of the members duties as
a board member. For each days service outside of the state as a board
member, such member shall receive actual expenses as an expense
allowance as well as the same mileage allowance for the use of a
personal automobile as that received by other state officials and
employees or a travel allowance of actual transportation costs if
traveling by public carrier or by rental motor vehicle. The board, by
regulation, shall provide for the submission and approval of expense
vouchers in conformity with the requirements of this subsection.
(d) The board shall elect from its members a chairman and a
vice-chairman.
(e) A majority of the members of the board shall constitute a
quorum for the purpose of transacting all business that may come
before the board.
(f) The executive committee of the Peace Officers Association
of Georgia shall submit to the Governor a list of three names for each
person to be appointed by the Governor pursuant to subsection (b) of
this Code section as a member of the board. In making appointments
pursuant to subsection (b) of this Code section, the Governor may
consider the names submitted by the executive committee, but it is
specifically provided that the appointments shall be at the sole
discretion of the Governor, and the Governor shall not be required to
choose any appointee from names submitted by the executive com-
mittee.
GEORGIA LAWS 1984 SESSION
929
Section 2. This Act shall become effective upon its approval by
the Governor or upon its otherwise becoming law for the purpose of
allowing the Governor to consider appointments pursuant to said
quoted Code Section 47-17-20 of Section 1 of this Act. This Act shall
become effective for all purposes on July 1,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
SUPERIOR COURT CLERKS RETIREMENT FUND OF
GEORGIA COMPOSITION OF BOARD OF
COMMISSIONERS CHANGED.
Code Section 47-14-20 Amended.
No. 1156 (House Bill No. 978).
AN ACT
To amend Code Section 47-14-20 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Superior
Court Clerks Retirement Fund of Georgia, so as to change the
composition of said board; to provide for other matters relative
thereto; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-14-20 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Superior
Court Clerks Retirement Fund of Georgia, is amended by striking
said Code section in its entirety and substituting in lieu thereof a new
Code Section 47-14-20 to read as follows:
930
GENERAL ACTS AND RESOLUTIONS, VOL. I
47-14-20. (a) There is created the Board of Commissioners of
the Superior Court Clerks Retirement Fund of Georgia. The board
shall consist of seven members as follows:
(1) The Governor or the Governors designee;
(2) The Attorney General or the Attorney Generals
designee; and
(3) Five superior court clerks who shall be members of the
fund, provided that at least one but not more than two of such
clerks shall be retired clerks receiving retirement benefits pursu-
ant to this chapter.
(b) The members of the board provided for by paragraph (3) of
subsection (a) of this Code section shall be appointed by the Gover-
nor. The first such members shall be appointed by the Governor to
take office on July 1, 1984, for initial terms as follows: Two such
members shall be appointed for terms of one year; two such members
shall be appointed for terms of two years; and one such member shall
be appointed for a term of one year. Thereafter, the Governor shall
appoint successors upon the expiration of the respective terms of
office for terms of three years. All such members shall serve until
their successors are appointed and qualified. Such members shall be
eligible for reappointment to successive terms of office as members of
the board.
(c) The board shall elect a chairman from the clerks serving as
members of the board who actively hold office as superior court
clerks. The term of the chairman shall be established by rules of the
board.
(d) If a vacancy occurs in the membership of the board
appointed pursuant to subsection (b) of this Code section, the
remaining members of the board shall elect a person meeting the
qualifications specified by paragraph (3) of subsection (a) of this
Code section to fill such vacancy for the unexpired portion of the
term.
(e) Four members of the board shall constitute a quorum for the
transaction of business.
GEORGIA LAWS 1984 SESSION
931
(f) All of the members of the board shall serve without pay, but
they shall be reimbursed for their actual expenses in attending
meetings of the board and performing the duties required of them as
members of the board.
(g) The Superior Court Clerks Group of the County Officers
Association of Georgia shall be authorized to submit the names of
nominees for each position on the board appointed by the Governor
pursuant to this Code section. The Governor may consider the
nominees made by said Superior Court Clerks Group in making such
appointments, but it is specifically provided that all such appoint-
ments shall be at the sole discretion of the Governor, and the
Governor shall not be required to make any appointments from
nominees made by said Superior Court Clerks Group.
Section 2. The positions of membership on the Board of
Commissioners of the Superior Court Clerks Retirement Fund,
except for the Governor and the Attorney General, existing on June
30,1984, shall stand abolished on July 1,1984.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its otherwise becoming law for the administra-
tive purpose of allowing the Governor to consider appointments
pursuant to quoted Code Section 47-14-20 of Section 1 of this Act.
This Act shall become effective for all purposes on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
932
GENERAL ACTS AND RESOLUTIONS, VOL. I
JUDGES OF THE PROBATE COURTS RETIREMENT
FUND COMPOSITION OF BOARD OF
COMMISSIONERS CHANGED.
Code Section 47-11-20 Amended.
No. 1157 (House Bill No. 979).
AN ACT
To amend Code Section 47-11-20 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Judges of
the Probate Courts Retirement Fund of Georgia, so as to change the
composition of the board; to provide for other matters relative
thereto; to provide effective dates; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-11-20 of the Official Code of Georgia
Annotated, relating to the Board of Commissioners of the Judges of
the Probate Courts Retirement Fund of Georgia, is amended by
striking said Code section, which reads as follows:
47-11-20. (a) There is created the Board of Commissioners of
the Judges of the Probate Courts Retirement Fund of Georgia. The
board shall consist of six members. The Governor, the Attorney
General, and the Chairman of the Judges of the Probate Courts
Group of the County Officers Association of Georgia shall be ex officio
members of the board. The other three members of the board shall be
elected by the Judges of the Probate Courts Group at the annual
meeting of such group. The Judges of the Probate Courts Group shall
elect one member at the annual meeting each year for a term of three
years. The terms of all members elected from the Judges of the
Probate Courts Group, including the chairman of that group, shall
begin on the first day of January following their election. The terms of
the Governor and the Attorney General shall commence upon their
taking their respective oaths of office and entering upon the duties
thereof.
GEORGIA LAWS 1984 SESSION
933
(b) The members of the board who are elected from the Judges
of the Probate Courts Group and the chairman of the Judges of
Probate Courts Group shall serve without pay but shall be reim-
bursed for their actual expenses. The Governor and the Attorney
General shall be compensated as provided by law for ex officio
officers.
(c) If a vacancy occurs on the board as a result of the death or
disqualification of any member of the board, the remaining members
of the board shall appoint a duly qualified and commissioned judge of
a probate court to fill the vacancy on the board. The judge of the
probate court so appointed shall assume the duties of membership
immediately upon his appointment and shall serve for the remainder
of the unexpired term of the member whose seat is vacant. This
subsection shall not apply to vacancies resulting from the death or
disqualification of the Governor or the Attorney General.,
in its entirety and substituting in lieu thereof a new Code Section 47-
11-20 to read as follows:
47-11-20. (a) There is created the Board of Commissioners of
the Judges of the Probate Courts Retirement Fund of Georgia. The
board shall consist of six members as follows:
(1) The Governor or the Governors designee;
(2) The Attorney General or the Attorney Generals
designee; and
(3) Four judges of the probate courts who are members of
the fund.
(b) The members of the board provided for by paragraph (3) of
subsection (a) of this Code section shall be appointed by the Gover-
nor. The first such member shall be appointed by the Governor to
take office on July 1, 1984, for initial terms as follows: one such
member shall be appointed for one year; one such member shall be
appointed for a term of two years; and two such members shall be
appointed for terms of three years. Thereafter, the Governor shall
appoint successors upon the expiration of the respective terms of
office for terms of three years. All such members shall serve until
their successors are appointed and qualified. Such members shall be
eligible for reappointment to successive terms of office as members of
the board.
934
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The board shall elect a chairman from among its own mem-
bership to serve for a term as chairman established by rules of the
board. Four members of the board shall constitute a quorum for the
transaction of business. All members of the board shall serve without
compensation but may be reimbursed for travel and other expenses
incurred by them in carrying out their duties as members of the
board.
(d) In the event of a vacancy in the membership of the board
appointed by the Governor, the remaining members of the board shall
appoint a judge of the probate court who is a member of the fund to
fill such vacancy for the unexpired term.
(e) The Judges of the Probate Courts Group of the County
Officers Association of Georgia shall be authorized to submit the
names of nominees for each position on the board appointed by the
Governor pursuant to this Code section. The Governor may consider
the nominees made by said Judges of the Probate Courts Group in
making such appointments, but it is specifically provided that all
such appointments shall be at the sole discretion of the Governor, and
the Governor shall not be required to make any appointments from
nominees made by said Judges of the Probate Courts Group.
Section 2. The positions of membership on the Board of
Commissioners of the Judges of the Probate Courts Retirement
Fund, except for the Governor and the Attorney General, existing on
June 30,1984, shall stand abolished on July 1,1984.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its otherwise becoming law for the administra-
tive purpose of allowing the Governor to consider appointments
pursuant to quoted revised Code Section 47-11-20 of Section 1 of this
Act. This Act shall become effective for all purposes on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
935
LICENSES TO CARRY PISTOLS OR REVOLVERS
INVESTIGATION PROCEDURES FOR RENEWAL
CHANGED.
Code Section 16-11-129 Amended.
No. 1158 (House Bill No. 982).
AN ACT
To amend Code Section 16-11-129 of the Official Code of Georgia
Annotated, relating to licenses to carry pistols or revolvers, so as to
change investigation procedures for renewal of licenses; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 16-11-129 of the Official Code of
Georgia Annotated, relating to licenses to carry pistols or revolvers, is
amended by adding at the end of subsection (c) of said Code section a
new paragraph (3) to read as follows:
(3) In the case of an applicant for a renewal of a license, the
judge of the probate court may, in his discretion, direct that the local
county law enforcement agency request a search of the criminal
history file and wanted persons file of the Georgia Crime Information
Center by computer access from that county in lieu of transmitting
the application and forms.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
936
GENERAL ACTS AND RESOLUTIONS, VOL. I
EXEMPTIONS FROM REAL ESTATE TRANSFER
TAX DIVISION OF JOINTLY OWNED
PROPERTY ADDED.
Code Section 48-6-2 Amended.
No. 1159 (House Bill No. 1112).
AN ACT
To amend Code Section 48-6-2, relating to exemptions from real
estate transfer tax, so as to provide an exemption for divisions of
jointly owned property; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 48-6-2, relating to exemptions from real
estate transfer tax, is amended by striking paragraphs (7) and (8) and
inserting new paragraphs (7), (8), and (9) to read as follows:
(7) Any deed issued in lieu of foreclosure if the deed issued in
lieu of foreclosure is for a purchase money deed to secure debt that
has been in existence and properly executed and recorded for a period
of 12 months prior to the recording of the deed in lieu of foreclosure;
(8) Transfer of property which is acquired as provided in Code
Sections 32-3-2 and 32-3-3; and
(9) Any deed, instrument, or other writing which effects a divi-
sion of real property among joint tenants or tenants in common if the
transaction does not involve any consideration other than the division
of the property.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
937
FIDUCIARIES NUMBER OF PUBLICATIONS OR
ADVERTISEMENTS RELATING TO DISCHARGE
OR DISMISSION REDUCED.
Code Titles 29 and 53 Amended.
No. 1160 (House Bill No. 1078).
AN ACT
To provide for the reduction or waiver of certain publications or
advertisements by fiduciaries; to amend Article 3 of Chapter 2 of Title
29 of the Official Code of Georgia Annotated, relating to removal,
resignation, settlement, and letters of dismission of guardians, so as to
reduce the required number of publications for applications for
dismission; to amend Title 53 of the Official Code of Georgia Anno-
tated, relating to wills, trusts, and the administration of estates, so as
to reduce the number of publications or to eliminate by waiver the
publication of certain citations by administrators or executors; to
provide for all 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 3 of Chapter 2 of Title 29 of the Official Code
of Georgia Annotated, relating to removal, resignation, settlement,
and letters of dismission of guardians, is amended by striking in its
entirety Code Section 29-2-84, relating to obtaining letters of dismiss-
ion, and inserting in its place a new Code Section 29-2-84 to read as
follows:
29-2-84. Letters of dismission may be granted by the judge of
the probate court to any guardian upon compliance with the proce-
dure outlined in this Code section. The guardian shall make an
application in writing for letters of dismission, setting forth his full
discharge of the duties of his trust. The judge of the probate court
shall examine the guardians accounts and vouchers to verify the
truth of the application. The application shall be published one time
in the public newspaper in which legal notices of the office of the
judge of the probate court are usually published. Thereafter, the
judge shall examine any objections filed. Proof shall be offered to
show that the ward is of age or that there is no longer a necessity for
continuing the guardianship.
938
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Title 53 of the Official Code of Georgia Annotated,
relating to wills, trusts, and the administration of estates, is amended
by striking in its entirety Code Section 53-6-27, relating to citation
and notice of application for letters of administration, and inserting
in its place a new Code Section 53-6-27 to read as follows:
53-6-27. (a) The judge of the probate court shall issue a
citation, giving notice of the application to all concerned, in the
newspaper in which the county advertisements are usually published,
once a week for four weeks. At the first regular term after the
expiration of that time, the application shall be heard or regularly
continued. The order granting letters of administration or letters
testamentary shall be granted only at a regular term.
(b) Publication of the citation giving notice of an application for
letters of administration may be waived by the judge of the probate
court if there is filed with the application an agreement signed by all
of the heirs approving the grant of letters of administration to the
applicant. Notwithstanding subsection (a) of this Code section, if
publication is waived by the judge of the probate court, letters of
administration may issue after hearing whether at a regular term or in
vacation.
Section 3. Said title is further amended by striking in its entirety
Code Section 53-6-29, relating to granting of administration with the
will annexed, and inserting in its place a new Code Section 53-6-29 to
read as follows:
53-6-29. Administration with the will annexed is granted when
the decedent died testate but no executor is nominated or none
appears to qualify and execute the will. If the executor appointed is
disqualified for being under the age of majority, the letters may be
granted until the disability ceases. If an administrator with the will
annexed is named by the beneficiaries under a will who are capable of
expressing a choice as authorized by paragraph (11) of Code Section
53-6-24, then no publication of citation shall be required and letters
may issue without further delay.
Section 4. Said title is further amended by adding at the end of
Code Section 53-6-31, relating to application for appointment as
administrator de bonis non, a new subsection (c) to read as follows:
GEORGIA LAWS 1984 SESSION
939
(c) Issuance and publication of the citation giving notice of an
application for letters of administration de bonis non may be waived
by the judge of the probate court if there is filed with the application
an agreement signed by all persons interested in the estate approving
the grant of letters of administration de bonis non to the applicant.
Section 5. Said title is further amended by striking in its
entirety Code Section 53-7-140, relating to certain petitions for
discharge, and inserting in its place a new Code Section 53-7-140 to
read as follows:
53-7-140. An administrator or executor who has fully dis-
charged all his duties may petition the judge of the probate court to
pass an order discharging him from his trust. Upon the petition a
citation shall issue, requiring all persons concerned to show cause
against the granting of the discharge. The citation shall be published
one time in the newspaper in which the county advertisements are
published.
Section 6. Said title is further amended by striking in its
entirety subsection (a) of Code Section 53-10-2, relating to issuance
and publication of certain citations, and inserting in its place a new
subsection (a) to read as follows:
(a) Upon the filing of a petition for an order to dispense with
administration, the judge of the probate court shall issue a citation,
which shall be published in the official gazette of his county one time,
requiring all creditors of the estate, if any, and all other interested
persons to show cause why an order should not be entered finding
that no administration or no permanent administration, as the case
may be, is necessary.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
940
GENERAL ACTS AND RESOLUTIONS, VOL. I
OFFENDER REHABILITATION REQUIREMENT FOR
CONSENT OF BOARD RELATING TO SELECTION
OF DEPARTMENT PERSONNEL REMOVED.
Code Section 42-2-9 Amended.
No. 1161 (House Bill No. 1088).
AN ACT
To amend Code Section 42-2-9 of the Official Code of Georgia
Annotated, relating to the selection of department personnel, so as to
remove the requirement for consent and approval of the board; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 42-2-9 of the Official Code of Georgia
Annotated, relating to the selection of department personnel, is
amended by striking said Code section in its entirety and substituting
in lieu thereof a new Code Section 42-2-9 to read as follows:
42-2-9. The commissioner is authorized to appoint and employ
such clerical force as is necessary to carry on the administration of the
penal system. He may also employ such experts and technical help as
are needed, along with assistants to the commissioner, wardens,
superintendents, guards, and other employees necessary for the oper-
ation of the state operated institutions where inmates are confined.
The commissioner shall establish and maintain in his office a com-
plete roster of all employees in his office and in each of the various
institutions operating under the authority of the board.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
941
LOCAL GOVERNMENT FILING OF CERTAIN
INFORMATION WITH DEPARTMENT OF COMMUNITY
AFFAIRS REQUIRED, ETC.
Code Section 36-82-160 Enacted;
Section 36-42-9 Repealed.
No. 1162 (House Bill No. 1107).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated,
relating to local government, so as to require the filing with the
Department of Community Affairs of certain information with
respect to certain bonds, notes, and other obligations issued by any
downtown development authority created pursuant to Chapter 42 of
Title 36, any development authority created pursuant to Chapter 62
of Title 36, any resource recovery development authority created
pursuant to Chapter 63 of Title 36, or any authority created by or
pursuant to certain local laws or constitutional amendments; to delete
certain provisions requiring downtown development authorities cre-
ated pursuant to Chapter 42 of Title 36 to file certain information
with the Department of Community Affairs; 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 36 of the Official Code of Georgia Annotated,
relating to local government, is amended by adding at the end of
Chapter 82, relating to bonds, a new Article 7 to read as follows:
ARTICLE 7
36-82-160. (a) Any downtown development authority created
pursuant to Chapter 42 of this title, any development authority
created pursuant to Chapter 62 of this title, any resource recovery
development authority created pursuant to Chapter 63 of this title,
and any other authority created by or pursuant to a local law or local
constitutional amendment for the purpose of developing or promot-
ing trade, commerce, industry, or employment opportunities or for
other similar purposes shall file with the Department of Community
942
GENERAL ACTS AND RESOLUTIONS, VOL. I
Affairs a statement with respect to all bonds, notes, and other
obligations which such authority issues, 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.
Such filing shall be deemed to be made upon mailing to the
Department of Community Affairs in Atlanta, Georgia. Failure
to make such filing shall not affect the validity of any bonds,
notes, or other obligations. A statement shall be filed, with
respect to all bonds, notes, and other obligations issued by an
authority during each calendar quarter, not later than the fif-
teenth day of the second calendar month after the close of the
calendar quarter. Such statement may, at the authoritys option,
be filed separately with respect to each issue at the time of
issuance or at any time thereafter through the fifteenth day of
the second calendar month after the close of the calendar quarter
during which such bonds, notes, or other obligations were issued.
The Department of Community Affairs may, for cause shown,
grant an extension of the time within which such filing is
required. The requirements of this subsection shall apply to
bonds, notes, and other obligations which are issued on or after
July 1,1984.
(b) The Department of Community Affairs may prescribe or
designate a form on which the information required by subsection (a)
of this Code section shall be filed. Any form required by the federal
government and requesting information similar to that required by
subsection (a) of this Code section may be so designated by the
Department of Community Affairs, notwithstanding any deviations
in the type or amount of information requested by such federal form
from the type or amount of information required by subsection (a) of
this Code section.
GEORGIA LAWS 1984 SESSION
943
(c) Notwithstanding anything therein to the contrary, the
requirements of subsection (a) of this Code section shall not apply to:
(1) Any hospital authority created pursuant to Article 4 of
Chapter 7 of Title 31;
(2) The Municipal Electric Authority of Georgia, created
pursuant to Article 3 of Chapter 3 of Title 46; or
(3) The Metropolitan Atlanta Rapid Transit Authority,
created pursuant to Ga. L. 1965, p. 2243, as amended.
The authorities listed above are specifically excluded in order to
make clear that subsection (a) of this Code section does not apply
to them, but such specific exclusion is not intended to imply that
these authorities would otherwise be covered by subsection (a) of
this Code section.
Section 2. Said title is further amended by striking in its entirety
subsection (c) of Code Section 36-42-9, relating to revenue bonds of
downtown development authorities, which reads as follows:
(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
944
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 Commu-
nity 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 requirements of this subsection (c) shall
apply to bonds, notes, and other obligations which are issued
after November 1,1983.,
and inserting in its place the following:
(c) Reserved.
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 28,1984.
COMMERCE AND TRADE PENALTIES FOR
INFRINGEMENT OF REGISTERED TRADEMARKS
OR SERVICE MARKS.
Code Section 10-1-451 Amended.
No. 1163 (House Bill No. 1123).
AN ACT
To amend Code Section 10-1-451 of the Official Code of Georgia
Annotated, relating to injunctions against infringement of registered
trademarks or service marks, so as to authorize a court to order to
require that a defendant pay to the owner of a registered trademark or
GEORGIA LAWS 1984 SESSION
945
service mark the profits derived from wrongful manufacture, use,
display, or sale of counterfeits or imitations, and all damages suffered
by reason of such wrongful manufacture, use, display, or sale of
counterfeits or imitations, or both profits and damages; to authorize
the destruction of counterfeit goods; to provide for the disposal of
such goods; to provide for seizure of counterfeit goods under certain
circumstances; to provide a procedure for such seizure; to provide for
liability for seizure of noncounterfeit or noninfringing goods; 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. Code Section 10-1-451 of the Official Code of
Georgia Annotated, relating to injunctions against infringement of
registered trademarks or service marks, is amended by striking said
Code section in its entirety and inserting in lieu thereof a new Code
Section 10-1-451 to read as follows:
10-1-451. (a) Any owner of a trademark or service mark regis-
tered under this part may proceed by action to enjoin the manufac-
ture, use, display, or sale of any counterfeits or imitations thereof; and
any court of competent jurisdiction may grant injunctions to restrain
such manufacture, use, display, or sale as may be by the court deemed
just and reasonable and may require the defendants to pay to such
owner all profits derived from such wrongful manufacture, use,
display, or sale, and all damages suffered by reason of such wrongful
manufacture, use, display, or sale, or both profits and damages. The
enumeration of any right or remedy in this part shall not affect a
registrants right to prosecute under any penal law of this state.
(b) Every person, association, or union of working men adopting
and using a trademark, trade name, label, or form of advertisement
may proceed by action; and all courts having jurisdiction thereof shall
grant injunctions to enjoin subsequent use by another of the same or
any similar trademark, trade name, label, or form of advertisement if
there exists a likelihood of injury to business reputation or of dilution
of the distinctive quality of the trademark, trade name, label, or form
of advertisement of the prior user, notwithstanding the absence of
competition between the parties or of confusion as to the source of
goods or services, except that this Code section shall not deprive any
party of any vested lawful rights acquired prior to March 4,1955.
946
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) If, in any action brought under this Code section, the court
determines that a trademark or service mark is counterfeit, the court
may order the destruction of all such trademarks or service marks and
all goods, articles, or other matter bearing the trademarks or service
marks, which are in the possession or control of the court or any party
to the action; or, after obliteration of the counterfeit trademark or
service mark, the court may order the disposal of any of those
materials to the State of Georgia, a civil claimant, an eleemosynary
institution, or any appropriate private person other than the person
from whom the materials were obtained.
(d) (1) The court, upon motion or upon ex parte application by
a plaintiff in an action to enjoin the manufacture, use, display, or
sale of counterfeits, may order seizure of the counterfeit goods
from persons manufacturing, displaying for sale, or selling the
goods, upon a showing of good cause and a probability of success
on the merits and upon the posting of bond. The amount of the
bond shall be set in accordance with the probable recovery of
damages and costs under subsection (e) of this Code section if it
were ultimately determined that the goods seized were not coun-
terfeit. If it appears from an ex parte application that there is good
reason for proceeding without notification to the defendant, the
court may, for good cause shown, waive the requirement of notice
for the ex parte proceeding. The order of seizure shall be served at
the time of seizure upon any person from whom seizure is effected.
The order shall specifically set forth:
(A) The date or dates on which the seizure is ordered to
take place;
(B) A description of the counterfeit goods to be seized;
(C) The identity of the persons or class of persons to
effect seizure;
(D) A description of the location or locations at which
seizure is to occur; and
(E) A hearing date not more than ten court days after
the last date on which seizure is ordered at which any person
from whom goods are seized may appear and seek release of
the seized goods.
GEORGIA LAWS 1984 SESSION
947
(2) The order shall include a statement advising the person
from whom the goods are seized that bond has been filed, inform-
ing the person of the right to object to the bond on the grounds
that the surety or the amount of the bond is insufficient, and
advising the person from whom the goods are seized that such
objection to the bond shall be made within 30 days after the date
of seizure.
(e) (1) Any person who causes seizure of goods which are not
counterfeits shall be liable in an amount equal to the following:
(A) Any damages proximately caused to any person
having a financial interest in the seized goods by the seizure of
goods which are not counterfeit;
(B) Costs incurred in defending against seizure of non-
counterfeit goods; and
(C) Upon a showing that the person causing the seizure
to occur acted in bad faith, expenses, including reasonable
attorneys fees expended in defending against the seizure of
any noncounterfeit or noninfringing goods.
(2) A person seeking a recovery pursuant to this subsection
may join any surety on a bond posted pursuant to subsection (d) of
this Code section, and any judgment of liability shall bind the
person liable and the surety jointly and severally, but the liability
of the surety shall be limited to the amount of the bond.
(3) Any person entitled to seek recovery under this subsec-
tion may, within 30 days after the date of seizure, object to the
bond on the grounds that the surety or the amount of bond is
insufficient.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
948
GENERAL ACTS AND RESOLUTIONS, VOL. I
TAX EXECUTIONS RETURN TO APPROPRIATE
COURT.
Code Section 48-3-12 Amended.
No. 1164 (House Bill No. 1138).
AN ACT
To amend Code Section 48-3-12 of the Official Code of Georgia
Annotated, relating to issuance of garnishments by tax collectors and
tax commissioners and proceedings thereon, so as to provide that the
tax execution shall be returned to the appropriate 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 48-3-12 of the Official Code of Georgia
Annotated, relating to issuance of garnishments by tax collectors and
tax commissioners and proceedings thereon, is amended by striking
subsection (b) and inserting in its place a new subsection to read as
follows:
(b) The tax collector or tax commissioner shall enter on the
execution the names of the persons garnished and shall return the
execution to the appropriate court. All subsequent proceedings shall
be the same as provided by law regarding garnishments in other cases
when judgment has been obtained or execution issued.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
949
BANKING AND FINANCE LAW AMENDED.
Code Title 7, Chapters 1 and 4 Amended.
No. 1165 (House Bill No. 1149).
AN ACT
To amend Title 7 of the Official Code of Georgia Annotated,
relating to banking and finance, so as to redefine the term savings
and loan association; to change the statute of limitations on all
causes of action which may accrue to any financial institution over
whose affairs the department is receiver; to provide for the termina-
tion of executory contracts and leases to which a financial institution
is a party under certain conditions; to provide for the purchase and
assumptions of all or part of the assets of a financial institution over
whose affairs the department is receiver; to authorize the department
to establish higher loan limits for directors or policy-making officers
of a bank or trust company; to clarify existing law with respect to the
right of the parties to agree by written contract that unpaid interest
when due may be added to the unpaid principal balance of the
indebtedness, and that the increased principal balance of the indebt-
edness bear interest pursuant to the terms of the contract, where such
indebtedness is secured by a pledge or assignment of instruments
evidencing loans having first priority on real estate; 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 7 of the Official Code of Georgia Annotated,
relating to banking and finance, is amended by striking paragraph
(31) of Code Section 7-1-4, relating to definitions, in its entirety and
substituting in lieu thereof a new paragraph (31) to read as follows:
(31) Savings and loan association means an association created
pursuant to the Home Owners Loan Act of 1933,12 U.S.C. Sections
1461-1468, including a federal savings bank.
Section 2. Said title is further amended by striking Code Section
7-1-173, relating to bringing or defending actions, in its entirety and
substituting in lieu thereof a new Code Section 7-1-173 to read as
follows:
950
GENERAL ACTS AND RESOLUTIONS, VOL. I
7-1-173. (a) For the purpose of executing any of the powers
and performing any of the duties respectively conferred or imposed
upon it, as receiver, by this chapter, the department may, in its name
as receiver of such financial institution, prosecute any action at law or
in equity in any court of this state or of any other state or in any
federal court, whether or not such action is pending on behalf of the
financial institution at the time it takes possession. It may likewise
defend any action at law or in equity pending against the financial
institution at the time it takes possession. The department may, in
its name as receiver of a corporation, institute and maintain any
action which any director, officer, or such corporation or any share-
holder or creditor thereof could have instituted or maintained.
(b) Notwithstanding the provisions of other laws to the contrary,
the statute of limitations on all causes of action which may accrue to
any financial institution over whose affairs the department is receiver
shall be extended for a period of six months.
Section 3. Said title is further amended by adding a new Code
Section 7-1-175 immediately following Code Section 7-1-174 to read
as follows:
7-1-175. Within 180 days after the department takes possession
of a financial institution, the department, as receiver, may at its
election reject any executory contract to which the financial institu-
tion is party without further liability to the financial institution or the
receiver or may reject any obligation of the financial institution as a
lessee of real or personal property. The departments election to
reject a lease creates no claim for rent other than rent accrued to the
date of termination or for actual damages, if any, for such termina-
tion, not to exceed the equivalent of six months payment.
Section 4. Said title is further amended by adding a new Code
Section 7-1-176 immediately following Code Section 7-1-175 to read
as follows:
7-1-176. (a) Whenever the department as receiver, with leave
of court as provided in Code Section 7-1-156, undertakes to sell all or
part of the assets of a financial institution in its possession in
consideration of the assumption by the purchaser of the liabilities due
to depositors and other creditors other than the holders of subordi-
nated securities, the department shall be under no further obligation
to file any inventory, appraisement, partial accounting, or deliver any
GEORGIA LAWS 1984 SESSION
951
notice to creditors other than holders of subordinated securities until
the filing of the final accounting unless otherwise directed by the
court.
(b) Notwithstanding any other law to the contrary, in facilita-
tion of a purchase of assets and assumption of liabilities as described
in subsection (a) of this Code section, all or any part of the assets may
be sold to the deposit insurer for the financial institution in liquida-
tion notwithstanding such insurers capacity as receiver or deputy
receiver of the financial institution. Such insurer as receiver or
deputy receiver may also borrow from itself in its corporate capacity
any amounts necessary to facilitate the assumption of deposit liabili-
ties by an existing financial institution or a newly chartered financial
institution, assigning any part or all of the assets of the closed bank as
security for such loan.
Section 5. Said title is further amended by striking subsection
(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 or such
higher amount as the department may establish which is not in excess
of the limits set forth in Code Section 7-1-285.
Section 6. Said title is further amended by striking Code Section
7-4-17, relating to the requirement that payment upon any debt be
applied first to interest and that no interest be paid upon unpaid
interest and exceptions, in its entirety and substituting in lieu thereof
a new Code Section 7-4-17 to read as follows:
7-4-17. When a payment is made upon any debt, it shall be
applied first to the discharge of any interest due at the time, and the
balance, if any, shall be applied to the reduction of the principal. If
the payment does not extinguish the interest then due, no interest
shall be calculated on such balance of interest and interest shall be
calculated only on the principal amount up to the time of the next
payment. Notwithstanding the foregoing restrictions against charg-
ing interest on unpaid interest, on loans having first priority on real
estate and on loans secured by the pledge or assignment of instru-
952
GENERAL ACTS AND RESOLUTIONS, VOL. I
ments evidencing loans having first priority on real estate, the parties
by written contract may lawfully agree that unpaid interest when due
shall be added to the unpaid principal balance of the indebtedness
and that the increased principal balance of the indebtedness bear
interest pursuant to the terms of the contract.
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 28,1984.
CREDIT UNION DEPOSIT INSURANCE
CORPORATION ELIGIBILITY FOR
MEMBERSHIP, INSURANCE PREMIUMS, ETC.
Code Title 7, Chapter 2 Amended.
No. 1166 (House Bill No. 1160).
AN ACT
To amend Chapter 2 of Title 7 of the Official Code of Georgia
Annotated, relating to the Credit Union Deposit Insurance Corpora-
tion, so as to provide that any financial institution chartered under
the laws of the United States or any state or territory of the United
States shall be eligible for membership in the corporation and for
deposit insurance coverage written by the corporation; to provide for
amendments to the articles of incorporation of member financial
institutions; to change the powers of the corporation; to provide the
conditions of membership; to provide for a membership fee; to
provide for refunds; to provide for regular annual premiums; to
provide for variable rate premiums; to provide for special assessments
under certain conditions; to provide that the corporation may insure
GEORGIA LAWS 1984 SESSION
953
or partially insure the uninsured shares and deposits of any financial
institution; to provide that financial institutions having excess
deposit insurance coverage shall not be required to be members of the
corporation by virtue of such insurance coverage; to provide that any
other company which is engaged in the insurance of deposits in
financial institutions may insure deposits of financial institutions in
this state when approved by the department; to provide that any
other company writing insurance coverage on deposits shall be sub-
ject to the jurisdiction of the department; to provide that the depart-
ment shall forward copies or summaries of all examination reports of
member financial institutions to the corporation; to provide for
additional examinations or audits under certain conditions; to autho-
rize the board of directors of the corporation to order corrective action
be taken or revoke the membership of financial institutions and
recommend liquidations; to provide the procedures for liquidation by
the department; to provide for a hearing and administrative review of
decisions or orders of the department; to provide that all administra-
tive remedies must be exhausted before judicial review; 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 2 of Title 7 of the Official Code of Georgia
Annotated, relating to the Credit Union Deposit Insurance Corpora-
tion, is amended by striking Code Section 7-2-1, relating to incorpora-
tion procedures, in its entirety and substituting in lieu thereof a new
Code Section 7-2-1 to read as follows:
7-2-1. (a) Within one year after July 1,1974, the duly autho-
rized representatives of not less than three credit unions chartered
and existing under the laws of this state may petition the Secretary of
State for incorporation of a nonprofit credit union deposit insurance
corporation, hereinafter referred to as the corporation. Such peti-
tion shall be accompanied by articles of incorporation in triplicate
which shall include the following:
(1) The name of the proposed corporation, which shall
include the words deposit insurance corporation, and no corpora-
tion other than one incorporated pursuant to this chapter shall use
the words in sequence deposit insurance corporation;
954
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) The location of its initial registered office;
(3) The purpose and nature of the business of the corpora-
tion, which shall be to aid and assist any member financial
institution which is in liquidation or facing liquidation due to
insolvency in order that the deposits and shares of any member
shall be insured or guaranteed against loss in such amounts as may
from time to time be established by the board of directors of the
corporation pursuant to this chapter;
(4) Membership in the corporation, which shall be limited,
except as otherwise expressly provided, to financial institutions,
approved for membership by the directors of the corporation upon
recommendation of the Department of Banking and Finance of
this state, hereinafter referred to as the department; and
(5) The term of existence of the corporation, which shall be
perpetual unless otherwise limited.
(b) Upon receipt of the articles, the Secretary of State shall
forward one copy to the department.
(c) Before the articles are approved by the department, an
appropriate investigation shall be made by the department for the
purpose of determining:
(1) Whether the articles conform to this chapter;
(2) The general character and fitness of the petitioners;
(3) The economic advisability of establishing the proposed
corporation; and
(4) Whether such corporation would cause undue harm to a
corporation already existent under this chapter.
Upon approval of the articles in writing by the department, such
written approval shall be delivered to the Secretary of State.
(d) Upon receipt of the approval of the department, the Secre-
tary of State shall thereupon issue a certificate of incorporation to the
petitioners.
GEORGIA LAWS 1984 SESSION
955
Section 2. Said chapter is further amended by striking Code
Section 7-2-2, relating to amendments to articles, in its entirety and
substituting in lieu thereof a new Code Section 7-2-2 to read as
follows:
7-2-2. Amendments to the articles of incorporation, adopted by
a vote of two-thirds of the member financial institutions present at an
annual meeting or a special meeting called for that purpose, shall be
filed with the Secretary of State in the same manner as the original
articles and shall become effective upon approval by the department
and subsequent notification of the Secretary of State.
Section 3. Said chapter is further amended by striking Code
Section 7-2-4, relating to powers, in its entirety and substituting in
lieu thereof a new Code Section 7-2-4 to read as follows:
7-2-4. The corporation may:
(1) Enter into contracts, including contracts for reinsur-
ance;
(2) Sue and be sued;
(3) Adopt, use, and display a corporate seal;
(4) Advance funds, in accordance with agreed terms and
conditions, to aid member financial institutions to operate and to
meet liquidity requirements;
(5) Assume control of the property and business of any
member financial institution upon the written direction of the
department and operate the financial institution in accordance
with the recommendations of the department;
(6) Assist in the merger, consolidation, or liquidation of
member financial institutions;
(7) Receive money or other property from its member finan-
cial institutions or from any corporation, association, or person;
(8) Invest its funds in such manner as permitted to credit
unions under the laws of this state and in such other manner as
may be approved by the department;
956
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Borrow money from any source upon such terms and
conditions as the board of directors may determine;
(10) Purchase in its own name, hold, and convey property of
any nature necessary for the convenient transaction of its busi-
ness;
(11) Receive by assignment or purchase from its members
any property of any nature owned by those members;
(12) Sell, assign, mortgage, encumber, or transfer property of
any nature;
(13) Declare and pay dividends on membership fees with the
approval of the department; and
(14) Adopt and amend bylaws, rules, and regulations carry-
ing out the purposes of the corporation.
Section 4. Said chapter is further amended by striking Code
Section 7-2-5, relating to acquisition and termination of membership,
in its entirety and substituting in lieu thereof a new Code Section 7-2-
5 to read as follows:
7-2-5. (a) Any financial institution, as defined in Code Sec-
tion 7-1-4 or chartered under the laws of the United States or of any
state or territory of the United States, may become a member of the
corporation upon application by its directors, recommendation of the
department, and approval of the directors of the corporation.
(b) Before making its recommendation, the department shall
consider:
(1) The history, financial condition, and management poli-
cies of the applicant;
(2) The economic advisability of insuring the applicant
without undue risk to the fund;
(3) The general character and fitness of the applicants
management; and
GEORGIA LAWS 1984 SESSION
957
(4) The convenience and needs of the members to be served
by the applicant.
(c) Membership in the corporation may be terminated upon 30
days written notice to the corporation and after providing evidence
satisfactory to the department that alternate, comparable insurance
of deposits has been obtained by the financial institution. Upon
termination of membership, the financial institution shall be entitled
to the refunds set forth in subsection (d) of Code Section 7-2-7.
Section 5. Said chapter is further amended by striking Code
Section 7-2-7, relating to membership fees and refunds of fees,
assessments, and premiums, in its entirety and substituting in lieu
thereof a new Code Section 7-2-7 to read as follows:
7-2-7. (a) Each financial institution accepted for membership
shall be required to pay a membership fee of 1 percent of the deposits
and shares of the financial institution up to $1 million, plus one-half
of 1 percent of the deposits and shares from $1 million to $5 million,
plus one-fourth of 1 percent of the deposits and shares over $5
million. Payment of the membership fee may be made in three equal
installments, the first installment being due upon the approval of the
application of the member financial institution and being in an
amount of not less than $10.00 and the remaining two installments
being due annually thereafter in amounts of not less than $10.00 each
year.
(b) The membership fee shall be maintained on an annual basis
in the same ratio to deposits and shares as the original membership
fee bore to the total of deposits and shares at the time the financial
institution initially joined the corporation. Such annual adjustments
to the membership fee shall be paid or refunded concurrently with the
payment of the annual insurance premium and shall be calculated
upon the same deposit and share base as is used in the calculation of
the annual premium.
(c) Membership fees, when paid by the individual member
financial institution, may be charged to its regular reserve account or
undivided earnings or may be established as an asset or charged in
such other manner as may be approved by the department.
(d) The membership fee of each member financial institution
may be refunded in whole or in part to the extent that the unencum-
958
GENERAL ACTS AND RESOLUTIONS, VOL. I
bered funds of the corporation exceed 2 percent of the aggregate total
deposits and shares of the member financial institutions as deter-
mined by the most recent call report of condition submitted to the
department. Special assessments levied pursuant to subsection (b) of
Code Section 7-2-8 may be repaid in such manner as may be approved
by the directors of the corporation with approval by the department.
Refunds may be paid only to members of the corporation at the time
of declaration by the directors of the corporation in proportion to
their paid-in membership fees.
(e) Upon termination or revocation of membership, the financial
institution shall be entitled to refunds as follows:
(1) Membership fees in full within 30 days;
(2) Pro rata portion of annual premium which is unearned
by the corporation in full within 30 days; and
(3) Any special assessment in accordance with its terms.
Section 6. Said chapter is further amended by striking Code
Section 7-2-8, relating to premiums and special assessments and
distribution of assets on liquidation, in its entirety and substituting in
lieu thereof a new Code Section 7-2-8 to read as follows:
7-2-8. (a) A regular annual premium, not to exceed one-
twelfth of 1 percent of the deposits and shares of the member
financial institution, shall be levied by the directors of the corpora-
tion. Such premium may be raised, lowered, waived, or refunded, in
whole or in part, with prior approval by the department, in the event
that the total funds held by the corporation justify or require such
change. The corporation may charge its financial institutions vari-
able rate premiums based upon determination of risk to the fund,
provided that such risk rating is made according to formulas adopted
by the directors of the corporation and approved by the department.
(b) In the event of potential impairment of the corporations
funds, special assessments may be levied by the directors of the
corporation with the prior approval of the department, provided that
such special assessments shall not exceed, in the aggregate, 1 percent
of the deposits and shares of each member financial institution. Such
special assessments shall be in the form of loans from the member
financial institution to the corporation.
GEORGIA LAWS 1984 SESSION
959
(c) Membership fees, annual premiums, and special assessments
shall be based upon deposits and shares of member financial institu-
tions as reported to the department in its most recent call report of
condition and shall be payable within 30 days of the date on which the
corporation notifies its members of any such premium or assessment.
(d) Annual premiums paid under this Code section shall be
charged to the operating expenses of each member financial institu-
tion.
(e) In the event of liquidation of the corporation, all assets
remaining after the payment or provision for payment of all debts and
taxes and expenses of liquidation shall be distributed to the then
existing member financial institutions in proportion to their member-
ship fees paid into the corporation."
Section 7. Said chapter is further amended by striking Code
Section 7-2-9, relating to insurance of deposits and shares, in its
entirety and substituting in lieu thereof a new Code Section 7-2-9 to
read as follows:
7-2-9. (a) Upon receipt of the first installment of the pre-
scribed membership fee from the financial institutions which have
agreed to become members of the corporation as provided in this
chapter, the corporation may commence its insurance of the deposits
and shares of the member financial institutions.
(b) Each insured financial institution may advise its members
and advertise that its deposits and shares are insured by the corpora-
tion, in such manner established by the directors of the corporation
and approved by the department, upon receipt of a notification from
the corporation that it has been accepted for membership in the
corporation by its directors and upon payment of any required
premiums or fees.
(c) The amount of insurance coverage on deposits and shares
provided by the corporation may be increased from time to time by
the directors of the corporation with the approval of the department;
provided, however, that in no event may the insurance be increased to
an amount greater than the largest amount insured by the Federal
Deposit Insurance Corporation, the Federal Savings Loan Insurance
Corporation, or the National Credit Union Administration.
960
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) The corporation may insure or partially insure the uninsured
shares and deposits of any financial institution primarily insured by it
or some other governmental or private insurance program, at a cost to
be determined by the directors of the corporation with the approval of
the department, provided the department approves the financial
institution for such coverage. Financial institutions having excess
deposit insurance coverage shall not be required to be members of the
corporation by virtue of such insurance coverage.
(e) No other forms of insurance except that authorized by this
Code section may be sold or offered by the corporation.
Section 8. Said chapter is further amended by striking Code
Section 7-2-11, relating to exclusive supervision by department and
issuance of rules and regulations, in its entirety and substituting in
lieu thereof a new Code Section 7-2-11 to read as follows:
7-2-11. (a) The corporation shall not be deemed an insurance
company within the meaning of the laws of the State of Georgia
relating to insurance or providing for the supervision of insurance
companies, but it shall be subject to the exclusive supervision of the
department. The department shall exercise the same powers and
authority over the corporation as is now or hereafter exercised over
banks, credit unions, and building and loan associations under its
jurisdiction and shall issue such rules and regulations as shall be
necessary to carry out its responsibilities under this chapter.
(b) Any other company which is engaged in the insurance of
deposits in financial institutions in this state when approved by the
department based upon the criteria set forth in subsection (c) of Code
Section 7-2-2 shall be subject to the jurisdiction of the department to
the extent of its deposit insurance activities and to the same extent as
a corporation organized pursuant to this chapter. Nothing contained
in this chapter shall amend, modify, or otherwise restrict any author-
ity or jurisdiction possessed by the Commissioner of Insurance prior
to July 1,1984. In the event a conflict exists between this chapter and
Title 33, known as the Georgia Insurance Code, Title 33 shall
control.
Section 9. Said chapter is further amended by striking Code
Section 7-2-12, relating to copies of members reports sent to corpora-
tion, additional examinations or audits, and ordering corrective
action or revoking membership, in its entirety and substituting in lieu
thereof a new Code Section 7-2-12 to read as follows:
GEORGIA LAWS 1984 SESSION
961
7-2-12. (a) The department shall forward to the corporation
copies or summaries of all examination reports of member financial
institutions. In the event a summary is provided, the corporation may
request a complete and full report.
(b) The corporation may request the department to conduct
additional examinations or to order independent audits of the records
of member financial institutions. The department shall cooperate
with the corporation upon such a request but shall use its discretion
in determining the scope and timing of such additional examinations
or audits.
(c) If the directors of the corporation ascertain evidence of
carelessness, unsound practices, or mismanagement of any member
financial institution which appears to affect adversely the solvency of
the financial institution or threatens undue loss to the corporation,
the directors may order that corrective action be taken or revoke the
membership of the financial institution in the corporation or recom-
mend to the department that the financial institution be liquidated.
The department shall be provided a copy of any such order or letter of
revocation. In the event of revocation of its membership, the finan-
cial institution shall notify all of its members of such revocation and
that the deposits and shares are no longer insured by the corporation,
provided that, in the event membership is revoked, insurance cover-
age shall continue in effect for 180 days. No refund required by
subsection (e) of Code Section 7-2-7 shall be payable until after
insurance coverage is terminated.
(d) If any member financial institution shall fail to pay any
assessment, premium, or membership fee lawfully required under this
chapter, the directors of the corporation shall notify the department,
and the department shall forthwith notify the financial institution in
writing. The failure of such financial institution to make such
payment within 15 days after the said written notice may subject the
financial institution to the sanctions set forth in subsection (c) of this
Code section.
Section 10. Said chapter is further amended by striking Code
Section 7-2-13, relating to administrative review of corporation or
department decision and exhaustion of remedies, in its entirety and
substituting in lieu thereof a new Code Section 7-2-13 to read as
follows:
962
GENERAL ACTS AND RESOLUTIONS, VOL. I
7-2-13. (a) If a financial institution is aggrieved by a decision
or order of the corporation or if the corporation is aggrieved by a
decision or order of the department, the financial institution or the
corporation, as the case may be, shall, upon appropriate petition and
after due notice, be entitled to a hearing and administrative review of
the action before the department, which may stay enforcement of
such actions pending the administrative review.
(b) Judicial review of such decisions or orders, other than deci-
sions or orders to revoke the membership of a financial institution,
shall not be available unless the aggrieved party has sought adminis-
trative review under this Code section.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 28,1984.
COUNTY TAX COLLECTORS AND COMMISSIONERS
TIME FOR REMITTING TAXES COLLECTED TO
COUNTY OFFICIALS.
Code Section 48-5-141 Amended.
No. 1167 (House Bill No. 1187).
AN ACT
To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official
Code of Georgia Annotated, relating to county tax collectors, so as to
provide for the time at which tax collectors and tax commissioners are
required to pay collected county taxes to the proper county officials;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
GEORGIA LAWS 1984 SESSION
963
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 3 of Chapter 5 of Title 48 of the
Official Code of Georgia Annotated, relating to county tax collectors,
is amended by striking Code Section 48-5-141 which reads as follows:
48-5-141. (a) Each tax collector or tax commissioner shall pay
over from time to time the county taxes including, but not limited to,
any interest, penalties, or other amounts due the county to the proper
county officials as required by law as soon as there is collected
$3,000.00. If any such official fails to collect $3,000.00 during any
week, he shall then pay over on Saturday all he has collected during
the week.
(b) Tax collectors, tax commissioners, sheriffs, and constables in
counties having populations of less than 30,000 shall each pay over
from time to time the county taxes to the proper officials as required
by law as soon as $5,000.00 has been collected. If any such official fails
to collect $5,000.00 during any two consecutive weeks, he shall then
pay over on Saturday all he has collected during the prior two weeks
together with a list of the taxpayers and the amounts paid by them
during the period.,
and inserting in its place a new Code section to read as follows:
48-5-141. (a) The tax collector or tax commissioner, sheriff,
and constables in each county having a population of 30,000 or more
shall each week pay over to the proper county officials as required by
law the county taxes including, but not limited to, any interest,
penalties, or other amounts due the county which he has collected
during the week. Such payment shall be made at the same time as the
report required by Code Section 48-5-142 and shall be for the period
covered by the report.
(b) The tax collector or tax commissioner, sheriff, and consta-
bles in each county having a population of less than 30,000 shall every
two weeks pay over to the proper county officials as required by law
the county taxes including, but not limited to, any interest, penalties,
or other amounts due the county which he has collected during the
two weeks. Such payment shall be made at the same time as the
report required by Code Section 48-5-142 and shall be for the period
covered by the report.
964
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
EVIDENCE WITNESSES WITNESS FEES
FOR CAMPUS POLICEMEN.
Code Section 24-10-27 Amended.
No. 1168 (House Bill No. 1215).
AN ACT
To amend Chapter 10 of Title 24 of the Official Code of Georgia
Annotated, relating to securing the attendance of witnesses and
production and preservation of evidence, so as to provide witness fees
for campus policemen; 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 10 of Title 24 of the Official Code of Georgia
Annotated, relating to securing the attendance of witnesses and
production and preservation of evidence, is amended by striking Code
Section 24-10-27 in its entirety and inserting in lieu thereof a new
Code Section 24-10-27 to read as follows:
24-10-27. Notwithstanding any other provision in this article,
any member of the Georgia State Patrol, Georgia Bureau of Investiga-
tion, or municipal or county police force, or any deputy sheriff, or any
campus policeman as defined in Code Section 20-8-1 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
GEORGIA LAWS 1984 SESSION
965
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, the sheriff, or
the director of public safety of a college or university shall certify that
the claimant has been paid no additional compensation 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.
Section 2. This Act shall become effective upon its approval by
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 28,1984.
966
GENERAL ACTS AND RESOLUTIONS, VOL. I
CIVIL PRACTICE AND PROCEDURE SERVICE
ON DEFENDANT BY SECOND ORIGINAL OUTSIDE
COUNTY WHERE ACTION FILED.
Code Section 9-10-72 Amended.
No. 1169 (House Bill No. 1271).
AN ACT
To amend Article 3 of Chapter 10 of Title 9 of the Official Code of
Georgia Annotated, relating to service in civil actions generally, so as
to clarify that, in appropriate cases, a singular defendant or multiple
defendants may be served by second original outside the county
where the action is filed; 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 10 of Title 9 of the Official Code
of Georgia Annotated, relating to service in civil actions generally, is
amended by striking in its entirety Code Section 9-10-72, relating to
issuance of second originals where defendants reside outside of the
county in which an action is filed, and inserting in its place a new
Code Section 9-10-72 to read as follows:
9-10-72. If the defendant or any of the defendants reside out-
side the county where the action is filed, the clerk shall issue a second
original and copy for such other county or counties and forward the
same to the sheriff, who shall serve the copy and return the second
original, with his entry thereon, to the clerk of the court from which
the same issued.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
GEORGIA LAWS 1984 SESSION
967
HOSPITALS ADDITIONAL STANDARDS FOR
ACTING UPON APPLICATIONS FOR STAFF
PRIVILEGES.
Code Section 31-7-7 Amended.
No. 1170 (House Bill No. 1328).
AN ACT
To amend Code Section 31-7-7 of the Official Code of Georgia
Annotated, relating to refusal or revocation of hospital staff privi-
leges, so as to provide for additional standards for acting upon
applications for hospital staff privileges; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 31-7-7 of the Official Code of Georgia
Annotated, relating to refusal or revocation of hospital staff privi-
leges, is amended by striking subsection (a) thereof and inserting in
its place a new subsection to read as follows:
(a) Whenever any licensed medical practitioner shall make
application for permission to treat patients in any hospital owned or
operated by the state, any political subdivision thereof, or any
municipality, the hospital shall act in a nondiscriminatory manner
upon such application expeditiously and without unnecessary delay
considering the applicant on the basis of the applicants demon-
strated training, experience, and competence; but in no event shall
final action thereon be taken later than 90 days following receipt of
the application; provided, however, whenever the applicant is
licensed by any governmental entity outside the continental limits of
the United States, the hospital shall have 120 days to take action
following receipt of the application. This subsection shall apply solely
to applications by licensed medical practitioners who are not mem-
bers of the staff of the hospital in which privileges are sought at the
time an application is submitted and by those not privileged, at such
time, to practice in such hospital under a previous grant of privi-
leges.
968
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
MENTAL HEALTH EXPENSES FOR PATIENTS
IN STATE INSTITUTIONS ASSESSMENT
STANDARDS, ETC.
Code Title 37, Chapter 9 Amended.
No. 1171 (House Bill No. 1339).
AN ACT
To amend Chapter 9 of Title 37 of the Official Code of Georgia
Annotated, relating to payment of expenses for patients in state
institutions, so as to provide for cost-of-care assessments standards
for respite care; to provide for payment of assessments from certain
plans and benefits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Said chapter is amended by striking Code Section
37-9-6, relating to standards for assessments for less than full cost of
care, and inserting in its place a new Code section to read as follows:
37-9-6. The board shall establish standards for determining
assessments when such assessments are less than the full cost of care.
Such standards shall be based on the income, assets, and other
circumstances of the persons liable for cost of care and shall include
consideration of the number of dependents, as defined under Georgia
income tax law and regulations; legal rights to payment under any
insurance agreement, and other evidence of ability to pay; but no
assessment shall be fixed or collected on the basis of any assets
exempted by subsection (b) of Code Section 37-9-8. In establishing
GEORGIA LAWS 1984 SESSION
969
standards to determine such assessments, the board shall adopt
criteria to be applied uniformly to all persons liable for cost of care.
Such standards will include special provisions for assessing mentally
retarded respite care admissions under Code Section 37-4-21 or any
other respite program allowed by law or duly adopted departmental
regulations, where such admissions are legally limited to 56 days of
care a year. To the extent practicable, such criteria shall ensure that
persons having the same or substantially the same financial ability to
pay cost of care shall have the same or substantially the same
financial obligation to pay such cost of care.
Section 2. Said chapter is further amended by striking Code
Section 37-9-9, relating to payment of cost of care from insurance
benefits, and inserting in its place a new Code section to read as
follows:
37-9-9. In the event the patient is covered by an insurance
contract or any other plan or benefit of any nature providing for
payment of hospitalization, medical expenses, and other health care
services or any combination thereof, such patient or other person
liable for the cost of care of such patient shall pay or cause to have
paid from such insurance, plan, or benefit without deduction, exemp-
tions, or credits, the full cost of care of the patient, or that portion
thereof covered by such insurance, plan, or benefit. The assessment
for cost of care of the patient made by the department pursuant to
Code Section 37-9-5 shall be for the total amount payable by such
insurance, plan, or benefit up to the total cost of care or for that
portion of cost of care payable by such insurance, plan, or benefit; and
if the proceeds from such insurance, plan, or benefit are less than the
total cost of care, such assessment shall include an assessment based
on the remaining balance, except where full payment of the balance or
a portion thereof is required by a health insurance program or other
plan or benefit, in which case the balance or at least the required
portion thereof will be the assessment. For the purpose of carrying
out this Code section, the department is authorized to accept assign-
ment of benefits payable under such insurance, plans, or benefits; but
the department shall not require the assignment of such benefits as a
condition precedent to the admission of a patient to a hospital or as a
condition precedent to providing services for such patient.
970
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
PROBATE COURTS ORDERS SETTING DATE
FOR RESPONSE TO PETITIONS GRANTING
PETITIONS WITHOUT HEARING, ETC.
Code Section 15-9-86.1 Enacted.
No. 1172 (House Bill No. 1343).
AN ACT
To amend Article 4 of Chapter 9 of Title 15 of the Official Code of
Georgia Annotated, relating to times, places, and procedures for
actions of probate courts, so as to provide that, in lieu of specifying a
hearing date, notices of applications to judges of the probate courts
for the granting of orders may specify that a person served must file a
response within a certain time; to provide for hearings and granting of
petitions without hearing; to provide for related matters; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 4 of Chapter 9 of Title 15 of the Official Code
of Georgia Annotated, relating to times, places, and procedures for
actions of probate courts, is amended by adding a new Code Section
15-9-86.1 to read as follows:
15-9-86.1. (a) In any of the proceedings specified in this Code
section with respect to which no citation is required to be published,
notice of an application to the judge of the probate court for the
granting of an order may, instead of stating the time of the hearing as
provided in Code Section 15-9-86 and other specific laws, state that
GEORGIA LAWS 1984 SESSION
971
the party served must file with the court his response to the petition
within ten days after the service of the notice upon him and that if no
responses are filed the petition will be granted without hearing.
(b) If the specific laws governing a particular proceeding subject
to this Code section require that a citation be published, or published
and mailed, and also be served personally upon one or more parties,
such citation may, instead of stating the time of hearing, state that:
(1) Any party who is not ordered to be served personally
must file with the court his response to the petition on or prior to a
date certain, which shall be a date for which hearing could be set
according to the laws governing the particular proceeding; and
(2) Any party who is served personally must file with the
court his response by the later of the date certain established as
provided above or the tenth day after the service of the notice
upon him.
The citation or the caption of the citation shall identify all parties
upon whom personal service has been ordered.
(c) Failure of a party served as provided in subsection (a) or (b)
of this Code section to file with the court his response to a petition
within the time required shall constitute a waiver of the right of such
party to object to the petition and a waiver of any right of such party
to receive notice of any further proceedings with respect to such
petition.
(d) If no party serves a response to the petition, the judge of the
probate court may grant the petition without hearing. If a response is
filed, the judge of the probate court shall set the matter for hearing
and shall by regular first-class mail send a notice of the time of
hearing to the petitioner and all parties who have served responses at
the addresses given by them in their pleadings.
(e) The proceedings to which this Code section shall apply are:
(1) Proceedings for sale, lease, exchange, or encumbrance of
a wards property, as provided in Code Section 29-2-4;
(2) Proceedings for citation of a guardian for failure to make
returns, as provided in Code Section 29-2-44;
972
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Proceedings involving waste or mismanagement by a
guardian, as provided in Code Section 29-2-45;
(4) Proceedings for discharge of a surety on a guardians
bond, as provided in Code Section 29-2-52;
(5) Proceedings for resignation of trust by a guardian, as
provided in Code Section 29-2-72;
(6) Proceedings for resignation by a guardian whose ward
has removed to a different county, as provided in Code Section 29-
2-73;
(7) Proceedings for settlement of accounts of a guardian, as
provided in Code Section 29-2-76;
(8) Proceedings for appointment of a guardian of a minor, as
provided in Code Section 29-4-10;
(9) Proceedings for requiring a guardian to give additional
bond, as provided in Code Section 29-4-14;
(10) Proceedings for appointment of a guardian for a benefi-
ciary of the United States Veterans Administration, as provided
in Code Section 29-6-5;
(11) Proceedings for probate in solemn form, as provided in
Code Section 53-3-14;
(12) Proceedings for probate of a nuncupative will, as pro-
vided in Code Section 53-3-17;
(13) Proceedings for determination of heirs at law, as pro-
vided in Code Sections 53-4-30, et seq.;
(14) Proceedings for setting aside years support, as pro-
vided in Code Section 53-5-8;
(15) Proceedings for conveyance or encumbrance of years
support property, as provided in Code Section 53-5-21;
(16) Proceedings for granting of administration with the
will annexed, as provided in Code Section 53-6-29;
GEORGIA LAWS 1984 SESSION
973
(17) Proceedings to require additional security of a county
guardian, as provided in Code Section 53-6-99;
(18) Proceedings for removal, settlement, or accounting
upon the part of an administrator, executor, or guardian who has
removed from the state, as provided in Code Section 53-6-126;
(19) Proceedings to require an administrator to give bond or
security, as provided in Code Section 53-7-37;
(20) Proceedings involving waste or mismanagement by an
executor or administrator, as provided in Code Section 53-7-148;
(21) Proceedings for resignation of trust by an administra-
tor or executor, as provided in Code Section 53-7-149;
(22) Proceedings for accounting and settlement upon the
part of a removed administrator or executor, as provided in Code
Section 53-7-167;
(23) Proceedings for citation of an administrator or execu-
tor for failure to make returns, as provided in Code Section 53-7-
183;
(24) Proceedings for intermediate final accounting, as pro-
vided in Code Section 53-7-184; and
(25) Proceedings for private sale of estate property, as pro-
vided in Code Section 53-8-34.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
974
GENERAL ACTS AND RESOLUTIONS, VOL. I
APPROVAL BY PROBATE COURT OF SALES OR
OTHER TRANSACTIONS PROPOSED BY PARTY
OTHER THAN PETITIONER.
Code Sections 53-8-34 and 29-2-4 Amended.
No. 1173 (House Bill No. 1344).
AN ACT
To amend Code Section 53-8-34 of the Official Code of Georgia
Annotated, relating to private sale of estate property, so as to provide
that after hearing on a petition for private sale of the property of an
estate the judge of the probate court may approve a transaction
proposed by a party other than the petitioner; to amend Code Section
29-2-4 of the Official Code of Georgia Annotated, relating to proceed-
ings for sale, lease, or encumbrance of a wards property, so as to
provide that notice of petition to sell, lease, exchange, or encumber
real property shall be published in the county where the petition is
filed and, if the property is in another county, shall also be published
in the county where the property is located; to provide that the judge
of the probate court may approve a transaction proposed by a party
other than the petitioner; to provide for related matters; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 53-8-34, relating to private sale of
property of estates, is amended by adding a new subsection (c) to read
as follows:
(c) If upon hearing evidence the judge finds that a transaction
proposed by a party other than the petitioner is fairer than the
transaction proposed by the petitioner and is in the best interests of
the estate, the judge may by appropriate order permit the sale
proposed by such other party.
Section 2. Code Section 29-2-4 of the Official Code of Georgia
Annotated, relating to proceedings for sale, lease, or encumbrance of a
wards property, is amended by striking subsection (b) and inserting
in its place a new subsection to read as follows:
GEORGIA LAWS 1984 SESSION
975
(b) Citation shall be issued upon the petition and published in
the county of the guardians appointment, and in the county where
the land is located, if different from the county of the guardians
appointment, once a week in four different weeks in the newspaper in
which county advertisements are published.
Section 3. Said Code Section 29-2-4 is further amended by
striking subsection (e) and inserting in its place a new subsection to
read as follows:
(e) At the time the citation is returnable, or thereafter, the
judge shall consider the petition and shall hear evidence thereon. If he
determines from a consideration of the evidence and the report of the
guardian ad litem that the proposed transaction is fair and in the best
interest of the ward, he shall, by appropriate order, permit the sale,
lease, exchange, or encumbrance and direct the disposition of the
proceeds of any such sale or encumbrance. If upon hearing evidence
the judge finds that a transaction proposed by a party other than the
petitioner is fairer than the transaction proposed by the petitioner
and is in the best interests of the ward, the judge may by appropriate
order permit the sale proposed by such other party. The judge may
require that any sale of land of the ward be at public outcry as in the
case of administrators sales and subject to confirmation by the
judge.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
976
GENERAL ACTS AND RESOLUTIONS, VOL. I
MUNICIPAL CORPORATIONS LIMITATION ON
ANNEXATION BY CERTAIN MUNICIPALITIES
DEFINITIONS.
Code Section 36-36-22.1 Enacted.
No. 1175 (Senate Bill No. 446).
AN ACT
To amend Article 2 of Chapter 36 of Title 36 of the Official Code of
Georgia Annotated, relating to annexation by municipal corporations
pursuant to application of 60 percent of landowners and electors, so as
to place a limitation on such annexation by certain municipalities; to
provide for definitions in connection therewith; to provide for other
matters relative thereto; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code
of Georgia Annotated, relating to annexation by municipal corpora-
tions pursuant to application of 60 percent of landowners and elec-
tors, is amended by adding immediately following Code Section 36-
36-22 a new Code Section 36-36-22.1 to read as follows:
36-36-22.1. (a) As used in the Code section, the term:
(1) Assessed valuation of property per pupil in average
daily attendance means the amount determined by dividing the
number of pupils in average daily attendance of a school system
into the then current equalized adjusted school property tax
digest, as defined in paragraph (3) of this subsection, of the school
system.
(2) Average daily attendance means average daily atten-
dance of pupils in a county or independent school system deter-
mined from official reports of attendance provided for in Code
Section 20-2-226.
GEORGIA LAWS 1984 SESSION
977
(3) Equalized adjusted school property tax digest means
40 percent of the equalized adjusted school property tax digest for
each county and independent school system prepared by the state
auditor pursuant to Code Section 48-5-274.
(4) Municipality means a municipality as defined in Code
Section 36-36-20 which:
(A) Has within its corporate boundaries an indepen-
dent school system with an average daily attendance exceed-
ing 3,000 at the time of the adoption of an annexing ordinance
as provided in Code Section 36-36-27;
(B) Is located within a county in which the county
school system of such county has an average daily attendance
exceeding 45,000 at the time of the adoption by the munici-
pality of an annexing ordinance as provided in Code Section
36-36-27; and
(C) Has an assessed valuation of property per pupil in
average daily attendance which exceeds by 40 percent or more
the assessed valuation of property per pupil in average daily
attendance of the county school system of the county wherein
the municipality is located, with such calculations being
based on the time of the adoption of an annexing ordinance
by the municipality as provided in Code Section 36-36-27.
(5) Residential property means improved property used
exclusively for single or multifamily dwellings and unimproved
property which is zoned exclusively for either single family or
multifamily dwellings.
(b) Any other provisions of this article to the contrary notwith-
standing, except as otherwise provided by subsection (c) of this Code
section, during any calendar year, beginning with calendar year 1984,
the total territory annexed by a municipality, excluding residential
property, pursuant to the authority of this article shall not decrease
the equalized adjusted school property tax digest of the county school
system of the county wherein the municipality is located by more
than 2 percent of the net increase in the equalized adjusted school
property tax digest of such county school system which occurred
during the immediately preceding calendar year, beginning with
calendar year 1983. If there is no net increase in the equalized
978
GENERAL ACTS AND RESOLUTIONS, VOL. I
adjusted school property tax digest of such county school system
during any calendar year, then the municipality shall not be autho-
rized to annex any territory, other than residential property, pursu-
ant to the authority of this article at any time during the immediately
following calendar year.
(c) If the value of the total territory actually annexed by a
municipality during a calendar year, excluding the value of residen-
tial property annexed during the calendar year, is less than the value
of territory which could have been annexed within the limitation
provided by subsection (b) of this Code section during that calendar
year, then for the immediately following calendar year only, the
limitation otherwise applicable under subsection (b) of this Code
section shall be increased by the difference between the value of the
property which could have been annexed and the value of the
property actually annexed during the calendar year.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 28,1984.
LAND CONVEYANCE TO THE BOARD OF REGENTS
OF THE UNIVERSITY SYSTEM OF GEORGIA.
No. 79 (House Resolution No. 645).
A RESOLUTION
Authorizing and directing the conveyance of certain real property
located in Cobb County, Georgia, from the State Department of
Transportation to the Board of Regents of the University System of
Georgia; and for other purposes.
GEORGIA LAWS 1984 SESSION
979
WHEREAS, the State Department of Transportation is the owner
of certain real property located in Cobb County, Georgia; and
WHEREAS, said real property is more particularly described as
follows:
All that tract of land lying and being in Land Lot 505 of the 17th
District in Cobb County being more particularly described as
follows:
Beginning at a point on the property line between the lands owned
by the Department of Transportation and the lands owned by
Southern Technical Institute being 50 feet right of and opposite
Station 4 + 0.25 on the centerline of Local Service Road No. 1 on
Georgia Highway Project FF-114-1 (10); running thence easterly
along a straight line to a point 50 feet right of and opposite Sta-
tion 40 + 40 on the enterline of said Service Road; thence
northerly along a straight line to a point 27.3 feet right of and
opposite Station 4 + 40 on the centerline of said Service Road;
thence easterly along a straight line to a point 20 feet right of and
opposite Station 4 + 88 on the centerline of said Service Road;
thence southeasterly along a straight line to a point 20 feet right
of and opposite Station 60 + 20.31 on the centerline of said Ser-
vice Road; thence southeasterly along a straight line to the point
of intersection with the eastern property line of the lands owned
by the Department of Transportation being 35.14 feet right of
and opposite Station 2 + 36.21 on the centerline of the Martin
Theatre of Georgia Driveway; thence southerly along said east-
ern property line to the point of intersection with the southern
property line of the lands owned by the Department of Transpor-
tation; thence westerly along said southern property line to the
point of intersection with the property between the lands owned
by the Department of Transportation and the lands owned by
Southern Technical Institute; thence N 0 degrees 1843 E along
said property line back to the point of beginning.;
and
WHEREAS, such property is no longer needed by the Depart-
ment of Transportation; and
WHEREAS, such property can be used by the Board of Regents of
the University System of Georgia.
980
GENERAL ACTS AND RESOLUTIONS, VOL. I
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that the hereinabove real property is
declared surplus and shall be conveyed by appropriate instrument to
the Board of Regents of the University System of Georgia by the
Department of Transportation for current market value as deter-
mined by the Department of Transportation and upon further condi-
tions and provisions as directed by the Department of Transporta-
tion.
BE IT FURTHER RESOLVED that the Department of Trans-
portation is authorized to do all acts and things necessary and proper
to effect such conveyance.
Approved March 29,1984.
GOVERNORS JUDICIAL PROCESS REVIEW
COMMISSION CREATED.
No. 82 (House Resolution No. 448).
A RESOLUTION
Creating the Governors Judicial Process Review Commission;
and for other purposes.
WHEREAS, in response to the imperative need for meaningful
improvements in the judicial process, in 1971 a commission was
established to study the judicial process in Georgia; and
WHEREAS, based on the findings and recommendations of the
commission, many changes and improvements have been made in the
ensuing years; and
WHEREAS, many changes in the judicial process have occurred
in recent years and the new Constitution of Georgia requires uniform
rules, practices, and procedures to facilitate speedy, efficient, and
inexpensive resolution of disputes and prosecutions.
GEORGIA LAWS 1984 SESSION
981
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA:
Section 1. There is created the Governors Judicial Process
Review Commission which shall consist of 25 members. Five mem-
bers shall be appointed by the Chief Justice of the Supreme Court of
Georgia; five members shall be appointed by the President of the
Senate; five members shall be appointed by the Speaker of the House
of Representatives; and ten members shall be appointed by the
Governor. A majority of the appointees named by each appointing
officer shall be members in good standing of the State Bar of Georgia.
The Governor shall appoint the chairman of the commission, and the
commission shall select a vice-chairman who shall preside in the
absence of the chairman. The commission may elect such other
officers as it deems advisable and shall establish such quorum,
attendance, and other rules as it deems necessary.
Section 2. The commission shall study all aspects of the judicial
system of the State of Georgia and shall study the coordination,
design, and functions of all the courts, agencies, programs, and
services currently operating to deliver judicial services to the citizens
of Georgia. The commission shall make a report of its findings and
recommendations for the improvement of Georgias judicial system,
including any proposed legislation, to the Governor and all members
of the General Assembly on or before December 1,1985.
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 Criminal Justice Coordinating Counsel shall
provide staff assistance to the commission.
Section 5. 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
982
GENERAL ACTS AND RESOLUTIONS, VOL. I
committees, hold hearings, conduct investigations, and take any other
action necessary or desirable to collect data and obtain information.
Section 6. The commission shall stand abolished January 1,
1986, and this resolution shall stand repealed on January 1,1986.
Section 7. All laws and parts of laws in conflict with this
resolution are repealed.
Approved March 29,1984.
ACT TO PROVIDE FOR A BOARD OF ELECTIONS
IN CERTAIN COUNTIES REPEALED.
Ga. Laws 1973, p. 2086 and Acts
Amending Repealed.
No. 1179 (House Bill No. 1274).
AN ACT
To repeal An Act to provide for a board of elections in certain
counties; to define its powers and duties concerning primaries and
elections; to provide a method for appointment, resignation and
removal of its members; to provide for the qualifications and terms of
its members; to provide for a chairman, clerical assistance and other
employees; to provide for compensation for such persons and the
members of the board; to provide an effective date; to repeal conflict-
ing laws; and for other purposes., approved March 14,1973 (Ga. L.
1973, p. 2086), as amended by an Act approved March 31, 1976
(Ga. L. 1976, p. 3635), an Act approved March 30,1977 (Ga. L. 1977,
p. 4316), and an Act approved April 14,1982 (Ga. L. 1982, p. 5040); to
provide an effective date; to provide conditions for the effective date;
to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
983
Be it enacted by the General Assembly of Georgia:
Section 1. An Act entitled An Act to provide for a board of
elections in certain counties; to define its powers and duties concern-
ing primaries and elections; to provide a method for appointment,
resignation and removal of its members; to provide for the qualifica-
tions and terms of its members; to provide for a chairman, clerical
assistance and other employees; to provide for compensation for such
persons and the members of the board; to provide an effective date; to
repeal conflicting laws; and for other purposes., approved March 14,
1973 (Ga. L. 1973, p. 2086), as amended by an Act approved March
31, 1976 (Ga. L. 1976, p. 3635), an Act approved March 30, 1977
(Ga. L. 1977, p. 4316), and an Act approved April 14, 1982 (Ga. L.
1982, p. 5040); is repealed in its entirety.
Section 2. This Act shall become effective January 1, 1985;
provided, however, that if an Act creating a Clarke County Board of
Elections and Registration (H. B. 1272) and providing for matters
relative thereto has not been enacted or has not become effective as
law at that time, this Act shall be null and void and shall stand
repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
SUPERIOR COURT SOUTH GEORGIA JUDICIAL
CIRCUIT SUPPLEMENTAL COMPENSATION
OF JUDGES.
No. 1201 (House Bill No. 1526).
AN ACT
To authorize the governing authorities of the counties comprising
984
GENERAL ACTS AND RESOLUTIONS, VOL. I
the South Georgia Judicial Circuit to provide for supplemental
compensation for the judges of the superior court in the South
Georgia Judicial Circuit; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) The governing authorities of Baker County,
Calhoun County, Decatur County, Grady County, and Mitchell
County, which counties are within the South Georgia Judicial Circuit,
are authorized to supplement the compensation of each superior
court judge of the South Georgia Judicial Circuit in an amount to be
determined within the discretion of the governing authority of each
such county. Any such supplement shall be paid in monthly install-
ments from the funds of each such county.
(b) Any supplement authorized by this Act shall be in addition
to the compensation, expenses, and allowances being received by the
superior court judges in the South Georgia Judicial Circuit from the
State of Georgia or any other source. Any supplement is made and
declared to be part of the expenses of the courts, and the power to levy
a tax to pay the same or to otherwise provide to pay the same is
delegated to the governing authorities of said counties.
Section 2. This Act shall become effective on the first day of the
month following the month in which it is approved by the Governor or
in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1984 Session of the General Assembly of Georgia a bill to authorize
the governing authorities of the Counties comprising the South
Georgia Judicial Circuit to provide for a supplement to the salary of
each judge of the superior courts of the South Georgia Judicial
Circuit; to provide for other matters relative thereto; and for other
purposes.
GEORGIA LAWS 1984 SESSION
985
This 27th day of January, 1984.
A. Wallace Cato
Willard H. Chason
Judges of the Superior Courts
South Georgia Judicial Circuit
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter E. Cox, who, on oath, deposes
and says that he is Representative from the 141st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Camilla Enterprise which is the official
organ of Baker County, on the following date: February 3,1984.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 7th day of February, 1984.
/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
1984 Session of the General Assembly of Georgia a bill to authorize
the governing authorities of the Counties comprising the South
Georgia Judicial Circuit to provide for a supplement to the salary of
each judge of the superior courts to the South Georgia Judicial
986
GENERAL ACTS AND RESOLUTIONS, VOL. I
Circuit; to provide for other matters relative thereto; and for other
purposes.
This 27th day of January, 1984.
A. Wallace Cato
Willard H. Chason
Judges of the Superior Courts
South Georgia Judicial Circuit
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter E. Cox, who, on oath, deposes
and says that he is Representative from the 141st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Albany Herald which is the official organ of
Calhoun County, on the following date: February 1,1984.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 7th day of February, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
GEORGIA LAWS 1984 SESSION
987
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular
1984 Session of the General Assembly of Georgia a bill to authorize
the governing authorities of the Counties comprising the South
Georgia Judicial Circuit to provide for a supplement to the salary of
each judge of the superior courts of the South Georgia Judicial
Circuit; to provide for other matters relative thereto; and for other
purposes.
This 27th day of January, 1984.
A. Wallace Cato
Willard H. Chason
Judges of the Superior Courts
South Georgia Judicial Circuit
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter E. Cox, who, on oath, deposes
and says that he is Representative from the 141st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Cairo Messenger which is the official organ
of Grady County, on the following date: February 3,1984.
/s/ Walter E. Cox
Representative,
141st District
988
GENERAL ACTS AND RESOLUTIONS, VOL. I
Sworn to and subscribed before me,
this 7th day of February, 1984.
/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
1984 Session of the General Assembly of Georgia a bill to authorize
the governing authorities of the Counties comprising the South
Georgia Judicial Circuit to provide for a supplement to the salary of
each judge of the superior courts to the South Georgia Judicial
Circuit; to provide for other matters relative thereto; and for other
purposes.
This 27th day of January, 1984.
A. Wallace Cato
Willard H. Chason
Judges of the Superior Courts
South Georgia Judicial Circuit
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter E. Cox, who, on oath, deposes
and says that he is Representative from the 141st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
tion was published in the Post Searchlight which is the official organ
of Decatur County, on the following date: February 1,1984.
GEORGIA LAWS 1984 SESSION
989
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 7th day of February, 1984.
/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
1984 Session of the General Assembly of Georgia a bill to authorize
the governing authorities of the Counties comprising the South
Georgia Judicial Circuit to provide for a supplement to the salary of
each judge of the superior courts of the South Georgia Judicial
Circuit; to provide for other matters relative thereto; and for other
purposes.
This 27th day of January, 1984.
A. Wallace Cato
Willard H. Chason
Judges of the Superior Courts
South Georgia Judicial Circuit
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Walter E. Cox, who, on oath, deposes
and says that he is Representative from the 141st District, and that
the attached copy of Notice of Intention to Introduce Local Legisla-
990
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion was published in the Camilla Enterprise which is the official
organ of Michell County, on the following date: February 3,1984.
/s/ Walter E. Cox
Representative,
141st District
Sworn to and subscribed before me,
this 7th day of February, 1984.
/s/ Cathy Ann Walls
Notary Public, Georgia State at Large.
My Commission Expires Jan. 4, 1985.
(Seal).
Approved March 29,1984.
RETIREMENT AND PENSIONS TEACHERS
RETIREMENT LAW AND LAW RELATING TO
FIREMENS PENSION FUND AMENDED.
Code Title 47, Chapters 3 and 7 Amended.
No. 1205 (House Bill No. 169).
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
as to provide for a postretirement benefit adjustment; to provide for a
definition in connection therewith; to amend Chapter 7 of Title 47 of
the Official Code of Georgia Annotated, relating to the Georgia
Firemens Pension Fund, so as to provide for eligibility for member-
GEORGIA LAWS 1984 SESSION
991
ship of certain firemen who are between 35 and 44 years of age; to
provide that certain firemen between the ages of 35 and 44 may
purchase credits for prior service under certain circumstances; to
provide for an increase in the dues payable by members of the fund; to
provide for an increase in the benefits payable to present and future
retirees from the fund; to provide for increased benefits for extended
service; to provide for actuarially reduced benefits in the event of
early retirement; 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 3 of Title 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System of Georgia, is
amended by adding between Code Sections 47-3-126 and 47-3-127 a
new Code Section 47-3-126.1 to read as follows:
47-3-126.1. (a) As used in this Code section, the word benefi-
ciary shall have the meaning specified in paragraph (7) of Code
Section 47-3-1 and shall also mean and include any retired public
school teacher who retired pursuant to any county, municipal, or local
board of education retirement or pension system.
(b) Subject to the limitations of subsection (c) of this Code
section, effective July 1,1984, the monthly retirement benefit of each
beneficiary shall be increased by a percentage which varies in accord-
ance with the time of retirement as follows:
Time of Retirement Percentage Increase
Prior to July 1, 1964............................... 20.0
July 1, 1964 through June 30, 1965.................. 19.5
July 1, 1965 through June 30, 1966.................. 18.0
July 1, 1966 through June 30, 1967.................. 16.5
July 1, 1967 through June 30, 1968.................. 15.0
July 1, 1968 through June 30, 1969.................. 13.5
July 1, 1969 through June 30, 1970.................. 12.0
July 1, 1970 through June 30, 1971................ 10.5
July 1, 1971 through June 30, 1972................... 9.0
July 1, 1972 through June 30, 1973................... 7.5
July 1, 1973 through June 30, 1974................... 6.0
July 1, 1974 through June 30, 1975................. 5.0
July 1, 1975 through June 30, 1976................... 4.0
July 1, 1976 through June 30, 1977................... 3.0
992
GENERAL ACTS AND RESOLUTIONS, VOL. I
July 1, 1977 through June 30, 1978.................... 2.0
July 1, 1978 through June 30, 1980.................... 1.0
After June 30, 1980................................... 0
(c) The full percentage increase provided for in subsection (b) of
this Code section shall apply only to those beneficiaries who had 20 or
more years of creditable service at the time of retirement. For those
beneficiaries who had at least ten but less than 20 years of creditable
service at the time of retirement, the monthly benefit increase
provided for by subsection (b) of this Code section shall be reduced by
5 percent for each year less than 20 years of creditable service.
Beneficiaries who had less than ten years of creditable service shall
not receive an increase in their monthly retirement benefit under this
Code section. No retirement benefit shall exceed $1,500.00 per
month as a result of an increase in the monthly retirement benefit
under this Code section.
(d) The implementation of the monthly retirement benefit
increases provided for by this Code section shall be contingent upon
appropriations by the General Assembly specifically for the purpose
of funding the provisions of this Code section. In the event the
General Assembly appropriates an amount which is insufficient to
fund fully the benefit increases provided for by this Code section, the
benefit increases shall be reduced pro rata in accordance with the
amount actually appropriated, and, in that event, the provisions of
this Code section shall remain effective until, in subsequent annual
appropriations, the benefit increases provided for in this Code section
are fully funded and implemented. When fully funded and imple-
mented, this Code section shall not provide any authority for the
board of trustees to grant additional postretirement benefit adjust-
ments, but this Code section shall not supersede or repeal the
authority granted to the board of trustees by Code Section 47-3-126.
Section 2. Chapter 7 of Title 47 of the Official Code of Georgia
Annotated, relating to the Georgia Firemens Pension Fund, is
amended by designating subsection (a) of Code Section 47-7-40,
relating to eligibility to make application for membership in the fund,
as paragraph (1) of subsection (a) and adding at the end of subsection
(a) a new paragraph (2) to read as follows:
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, any person employed as a fireman or enrolled as a
volunteer fireman who is at least 35 years of age but under the age of
GEORGIA LAWS 1984 SESSION
993
44 years on April 1,1984, shall be eligible to make application to the
board for membership in the fund and if such applicant otherwise
satisfies the requirements for membership in the fund, such applicant
may become a member if:
(A) At the time of making application the applicant
acquires credit for at least that number of years of the applicants
prior eligible service, as defined in this paragraph, which when
added to the service for which the applicant may thereafter
receive credit by service as a fireman or volunteer fireman prior to
normal retirement age of 55, will provide the applicant with not
less than 20 years of creditable service prior to normal retirement
age of 55;
(B) The applicant acquires credit for prior eligible service,
as defined in this paragraph, but not in excess of eight years, by
the payment to the fund at the time of making application of an
amount equal to that amount that would have been paid had
contributions been made during such period of prior eligible
service, at the monthly rate which is in effect at the time of
application, for each month for which credit is sought, together
with simple interest on that amount at the rate per annum
specified in this paragraph from the date on which such contribu-
tions would have been made until paid; and
(C) The applicant makes application for membership in the
fund not earlier than September 1, 1984, and not later than
November 1,1984.
Prior eligible service means service rendered by an applicant
after January 1,1974, but before September 1,1984, as a fireman
or volunteer fireman, without interruption prior to the date of
application, after the applicant reached the age of 30 years, and
for which the applicant would have been otherwise eligible for
credit had the applicant been a member of the fund at the time
the service was rendered. Interest shall be calculated at a rate
rounded to the nearest one-fourth of 1 percent which is equal to
2 1/2 percentage points plus the monthly index, expressed in
terms of percentage interest per annum, of the monthly average
of the daily yields on all outstanding United States Treasury
Bonds issued except such bonds as are redeemable at par for
payment of federal estate taxes, with 30 years remaining to final
maturity as compiled by the United State Treasury Department
994
GENERAL ACTS AND RESOLUTIONS, VOL. I
and as published by the Board of Governors of the Federal
Reserve System in the monthly Federal Reserve Bulletin for the
month of July, 1984, but not in any event less than 8 percent per
annum.
Section 3. Said Chapter 7 is further amended by striking Code
Section 47-7-60, relating to dues required of members, and inserting
in lieu thereof a new Code Section 47-7-60 to read as follows:
47-7-60. (a) Each fireman or volunteer fireman accepted for
membership in the fund shall pay to the secretary-treasurer of the
fund the sum of $10.00 each month served as a fireman or volunteer
fireman in a fire department in this state rated class one through class
eight, inclusive, by the Insurance Services Office, or its successor.
Such monthly payments shall be due on or before the tenth day of
each month of service. Any member who becomes six months in
arrears in making such payments shall be removed from membership
in the fund and shall be ineligible to receive any benefits or pension
under this chapter.
(b) Effective July 1,1988, the dues required each month under
subsection (a) of this Code section shall be increased to the sum of
$15.00 each month.
Section 4. Said Chapter 7 is further amended by adding to
Article 5, relating to service creditable toward retirement, a new Code
Section 47-7-83 to read as follows:
47-7-83. Any person who on April 1, 1984, is a member of the
fund and who on April 1,1984, is at least 35 years of age but under the
age of 44 years shall be eligible upon application to the board made
not earlier than September 1, 1984, and not later than November 1,
1984, to receive credit, but not in excess of eight years, for continuous
service rendered as a fireman or volunteer fireman after the person
reached the age of 30 but immediately prior to the persons becoming
a member of the fund and not otherwise credited to the person under
this chapter, for which service the person would have been otherwise
eligible for credit had the person been a member of the fund at the
time the service was rendered, upon payment at the time of applica-
tion of an amount equal to that amount which would have been paid
had contributions been made during such period of prior service at
the monthly rate which is in effect at the time of the application, for
each month for which credit is sought, together with simple interest
GEORGIA LAWS 1984 SESSION
995
on that amount at the rate set forth in paragraph (2) of subsection (a)
of Code Section 47-7-40 from the date on which such contributions
would have been made until the date of payment.
Section 5. Said Chapter 7 is further amended by adding at the
end of Code Section 47-7-100, relating to eligibility for retirement
benefits, three new subsections, to be designated subsection (f),
subsection (g), and subsection (h), to read as follows:
(f) Effective July 1,1984, the monthly benefits payable under
this Code section to persons theretofore retired or thereafter retiring
shall be increased $35.00 per month.
(g) Any eligible member who retires after July 1, 1984, shall be
entitled to an increase in the monthly retirement benefit otherwise
payable to the member equal to 1 percent of the monthly retirement
benefit for which the member would have been otherwise eligible for
each full year of creditable service while a member of the fund as a
fireman or volunteer fireman in excess of 25 years of creditable
service.
(h) Any eligible member who would be entitled to the com-
mencement of retirement benefits upon reaching age 55 under sub-
section (b) or (c) of this Code section may elect to retire after reaching
the age of 50 but before reaching the age of 55 and immediately
commence the drawing of retirement benefits and in that event the
member shall be eligible immediately upon retirement for a reduced
monthly pension benefit in an amount determined by multiplying the
benefit for which the member would have been otherwise entitled
under subsections (b), (c), and (g) of this Code section had the
member delayed retirement or the commencement of benefits until
the member reached age 55, such benefit to be determined as of the
date of the members actual retirement or first receipt of the monthly
retirement benefit, by the factor set forth below:
If the Members Age At The Early Retirement
Retirement (determined by Factor Is:
the members age at the
members immediately
preceding birthday) Is:
50
51
.70
.76
996
GENERAL ACTS AND RESOLUTIONS, VOL. I
52
53
54
.82
.88
.94
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
PEACE OFFICERS ANNUITY AND BENEFIT
FUND CREDIT FOR PRIOR SERVICE, ETC.
Code Title 47, Chapter 17 Amended.
No. 1206 (House Bill No. 272).
To amend Chapter 17 of Title 47 of the Official Code of Georgia
Annotated, relating to the Peace Officers Annuity and Benefit Fund,
so as to provide for the claiming of credit for prior service; to provide
for payment for such prior service; to provide for rules for applying
said prior service toward retirement; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 17 of Title 47 of the Official Code of Georgia
Annotated, relating to the Peace Officers Annuity and Benefit Fund,
is amended by adding at the end of Code Section 47-17-44, relating to
payment of membership dues and credit for certain service, a new
subsection (c) to read as follows:
AN ACT
GEORGIA LAWS 1984 SESSION
997
(c) If a member who is a member of the fund on April 1,1984,
chooses to avail himself of the provisions of subsection (a) of Code
Section 47-17-70, such member shall tender no later than July 1,1984,
an amount equal to the dues at the rate of $10.00 per month plus 8
percent interest per annum compounded annually from the date the
prior service was rendered to the date of payment to the board for all
years claimed as prior service. After April 1,1984, new applicants for
membership in the fund must tender said sum at the time of their
initial application.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 47-17-70, relating to prior service credit, in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) No peace officer who first makes application for member-
ship in the fund on or after May 1,1968, shall be given credit for any
prior service, and such peace officer shall receive credit only from the
date he becomes a member of the fund; provided, however, a member
may claim a maximum of five years for service as a peace officer prior
to such member joining the fund if such member complies with
subsection (c) of Code Section 47-17-44 and remains an active
member of the fund for a period of time at least equal to the number
of years claimed for prior service.
Section 3. This Act shall become effective on April 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
998
GENERAL ACTS AND RESOLUTIONS, VOL. I
TEACHERS RETIREMENT SYSTEM OF GEORGIA
CREDIT FOR SERVICE IN OTHER SCHOOL
SYSTEMS.
Code Title 47, Chapter 3 Amended.
No. 1207 (House Bill No. 274).
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
as to provide that credit may be received under the Teachers Retire-
ment System of Georgia for service rendered in public school systems
of the Virgin Islands, Puerto Rico, Guam, and the District of
Columbia; to guarantee the return of a members accumulated contri-
butions through monthly retirement benefits or a refund or both; 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 47 of the Official Code of Georgia
Annotated, relating to the Teachers Retirement System of Georgia, is
amended by striking subsection (a) of Code Section 47-3-89, relating
to credit for services rendered in schools of other states and certain
other schools, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) Any member of the retirement system shall be entitled to
receive up to ten years of creditable service for teaching service in
school systems of other states in the United States, state-supported
independent school systems of the United States, schools operated by
the Bureau of Indian Affairs of the United States Department of
Interior, public school systems of the Virgin Islands, Puerto Rico,
Guam, and the District of Columbia, or American dependents
schools, provided that the member has first established five years of
membership service credit in the public schools of Georgia or Univer-
sity System of Georgia; provided, further, that such service credit
shall be allowed on the basis of one year of credit for such service for
each additional year of membership service in the public schools of
GEORGIA LAWS 1984 SESSION
999
Georgia or University System of Georgia. A teacher desiring to
establish credit for such service must pay employee and employer
contributions which would have been paid to the retirement system
on a salary comparable to his salary for such service, plus the
applicable rate of interest, in accordance with regulations adopted by
the board of trustees. Such contributions must be paid prior to
retirement under this retirement system. For such service rendered
prior to January 1,1945, the rate of employee contributions shall be 5
percent and the rate of employer contributions shall be 6.83 percent.
The rate of interest on such contributions shall be the applicable
regular interest. No member who receives or who is entitled to receive
a pension or annuity from any other state, county, or municipality, or
federal retirement program excluding social security, shall receive
creditable service for such service. The board of trustees shall pro-
mulgate rules and regulations to carry out this Code section.
Section 2. Said chapter is further amended by adding at the end
of Code Section 47-3-123, relating to benefits payable upon the death
of a member, a new subsection (c) to read as follows:
(c) Upon the death of a member in service with more than ten
years of creditable service and then thereafter the death of the
beneficiary nominated by the member by means of a written designa-
tion duly executed and filed with the board of trustees, or where no
beneficiary was so designated by the member and the member was
survived by the members spouse, the death of the members spouse,
in the event that the designated beneficiary of the member chose to
receive a monthly benefit pursuant to paragraph (2) of subsection (a)
of this Code section and the total monthly benefits paid to such
designated beneficiary prior to his or her death did not equal or
exceed the members accumulated contributions at the time of the
members death, or where no beneficiary was designated and the
surviving spouse of the member chose to receive monthly benefits
pursuant to paragraph (3) of subsection (b) of this Code section and
the monthly benefits paid to the members spouse prior to his or her
death did not equal or exceed the members accumulated contribu-
tions at the time of the members death, the difference shall be
refunded to the person designated in writing by the member to
receive such a refund of this difference. If no such person is
designated to receive this difference or if such designated person has
predeceased the members designated beneficiary or spouse, this
difference shall be paid to the estate of the designated beneficiary or
where no person was designated by the member as beneficiary, to the
estate of the members spouse.
1000
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
Approved March 29,1984.
FIRE PROTECTION AND SAFETY LOCAL
DEPARTMENTS REQUIRED TO MEET CERTAIN
STANDARDS NOTICE TO SUPERINTENDENT.
Code Title 25, Chapter 3 Amended.
No. 1208 (House Bill No. 618).
AN ACT
To amend Chapter 3 of Title 25 of the Official Code of Georgia
Annotated, relating to local fire departments generally, so as to
provide for legislative intent; to define certain terms; to provide that
the chief administrative officer of a fire department shall notify the
superintendent that the organization meets minimum requirements
in order to be legally organized to operate in the State of Georgia and
to function as a fire department; to provide for the issuance of a
certificate of compliance by the superintendent; to provide for certain
requirements in order to be legally organized as a fire department; to
provide that a fire department shall possess certain equipment and
protective clothing in order to be legally organized as a fire depart-
ment; to provide that a fire department shall purchase and maintain
sufficient insurance coverage on each member of the fire department;
to authorize the superintendent to consult with certain state officials
to determine if individual fire departments are complying with
minimum requirements; to authorize the superintendent to suspend
or revoke the certificate of compliance of a fire department under
certain conditions; to provide a time limitation for compliance; to
provide for construction; to provide for other matters relative to the
foregoing; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
1001
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 25 of the Official Code of Georgia
Annotated, relating to local fire departments generally, is amended
by striking the word chapter wherever the same shall appear in said
chapter and substituting in lieu thereof the word article.
Section 2. Said chapter is further amended by adding, immedi-
ately preceding Code Section 25-3-1, the following:
ARTICLE 1.
Section 3. Said chapter is further amended by adding at the end
thereof the following:
ARTICLE 2
25-3-20. It is the intention of the General Assembly of Georgia to
establish minimum requirements for all fire departments operating in
this state. The General Assembly recognizes that fire departments
operating in this state cannot function effectively and efficiently as
full-time fire departments without meeting or exceeding the mini-
mum requirements established by this article.
25-3-21. As used in this article, the term:
(1) Fire department means any fire department which is
authorized to exercise the general and emergency powers enumer-
ated in Code Sections 25-3-1 and 25-3-2.
(2) Firefighter means any able-bodied person at least 18
years of age who has been duly appointed by a legally constituted
fire department and who has the responsibility of preventing and
suppressing fires, protecting life and property, and performing
other duties enumerated in Code Sections 25-3-1 and 25-3-2.
(3) Superintendent means the superintendent of the
Georgia Fire Academy.
25-3-22. In order for a fire department to be legally organized to
operate in the State of Georgia, the chief administrative officer of the
fire department shall notify the superintendent that the organization
meets the minimum requirements specified in Code Section 25-3-23
1002
GENERAL ACTS AND RESOLUTIONS, VOL. I
to function as a fire department. If the superintendent is satisfied
that the fire department meets the minimum requirements contained
in Code Section 25-3-23, he shall issue a certificate of compliance to
the fire department and the fire department shall be authorized to
exercise the general and emergency powers set forth in Code Sections
25-3-1 and 25-3-2.
25-3-23. (a) In order to be legally organized:
(1) A fire department shall comply with the following
requirements:
(A) Be established in accordance with the provisions of
the National Fire Protection Association Standard 1201-
1977;
(B) Be capable of providing fire protection 24 hours a
day, seven days a week;
(C) Be responsible for a defined area of operations
depicted on a map located at the fire station; and
(D) Be staffed with a sufficient number of qualified
firefighters who are full time, part time, or volunteers and
who shall have successfully completed an approved basic fire-
fighting course conducted by or through the Georgia Fire
Academy; and
(2) A fire department shall possess the following items of
equipment and protective clothing:
(A) A minimum of one fully equipped, operable
pumper with a capacity of at least 100 GPM at 120 PSI and a
tank capacity of a minimum of 250 gallons; provided, how-
ever, a minimum of one fully equipped, operable, and
approved pumper of at least 750 GPM capacity is recom-
mended;
(B) A minimum of equipment, appliances, adapters,
and accessories necessary to perform and carry out the duties
and responsibilities of a fire department set forth in Code
Sections 25-3-1 and 25-3-2;
GEORGIA LAWS 1984 SESSION
1003
(C) A minimum of two approved self-contained
breathing apparatus for each pumping apparatus; and
(D) A minimum issue of sufficient personal protective
clothing to permit each member to perform safely the duties
of a firefighter.
(b) A minimum of 15 firefighters for each fire department is
recommended; however, departments existing on or before the effec-
tive date of this article shall be exempt from this recommendation.
(c) A legally organized fire department shall purchase and main-
tain sufficient insurance coverage on each member of the fire depart-
ment to pay claims for injuries sustained en route to, during, and
returning from fire calls or other emergencies and disasters and
scheduled training sessions.
25-3-24. The superintendent may consult with and consider the
recommendations of the director of the Georgia Forestry Commis-
sion, the director of the Georgia Firefighter Standards and Training
Council, the state fire marshal, and the governing authority of any
county or municipality in which the fire department is located to
determine if individual fire departments are complying with the
minimum provisions of this article and serving the best interests of
the citizens of the area of its operations.
25-3-25. The certificate of compliance issued by the superinten-
dent shall be subject to suspension or revocation at any time he
receives satisfactory evidence that:
(1) The fire department is not maintaining sufficient per-
sonnel, equipment, or insurance required by Code Section 25-3-23;
or
(2) The fire department is not serving the best interests of
the citizens of its area of operations.
25-3-26. The superintendent shall cooperate with newly formed
and existing fire departments to ensure that all fire departments in
this state are in compliance with the provisions of this article within
24 months after the effective date of this article.
1004
GENERAL ACTS AND RESOLUTIONS, VOL. I
25-3-27. This article shall not be construed to amend, modify, or
repeal any of the provisions of Chapter 4 of Title 25, known as the
Georgia Firefighter Standards and Training Act, nor shall this
article be construed to restrict the requirements of any other provi-
sions relating to fire departments, equipment, or personnel.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
STATE GOVERNMENT USE OF CONSECUTIVELY
NUMBERED REQUISITIONS, PURCHASE ORDERS,
ETC., MANDATED.
Code Section 50-6-26 Amended.
No. 1209 (House Bill No. 698).
AN ACT
To amend Code Section 50-6-26 of the Official Code of Georgia
Annotated, relating to the forms applicable to the business transacted
in each of the several boards, offices, institutions, departments, and
commissions of the executive department of the state government, so
as to make provision for consecutively numbered requisitions, pur-
chase orders, and field purchase orders and provide for the retention
and filing thereof; to provide for matters relative thereto; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 50-6-26 of the Official Code of Georgia
Annotated, relating to the forms applicable to the business transacted
in each of the several boards, offices, institutions, departments, and
commissions of the executive department of the state government, is
GEORGIA LAWS 1984 SESSION
1005
amended by striking said Code section in its entirety and substituting
in lieu thereof a new Code Section 50-6-26 to read as follows:
50-6-26. The state auditor shall prepare and publish, by and
with the approval of the Governor, complete forms applicable to the
business transacted in each of the several boards, offices, institutions,
departments, and commissions of the executive department of the
state government, the same to be as uniform as the business respec-
tively transacted therein shall permit; provided, however, that the
Department of Administrative Services shall in all cases require each
and every one of the several boards, offices, institutions, departments,
and commissions of the executive department of state government to
use consecutively numbered requisitions, purchase orders, and field
purchase orders, which documents shall be retained and filed in
numerical sequence to provide a procurement audit trail. It shall be
the duty of each of the boards, offices, institutions, departments, and
commissions, as directed by the Governor, to employ such forms and
none other in transacting and recording their severed financial trans-
actions of every nature.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
EDUCATION LOCAL AND REGIONAL PUBLIC
LIBRARY LAW AMENDED.
Code Title 20, Chapter 5 Amended.
No. 1210 (House Bill No. 840).
AN ACT
To amend Article 2 of Chapter 5 of Title 20 of the Official Code of
Georgia Annotated, relating to local and regional public libraries, so
1006
GENERAL ACTS AND RESOLUTIONS, VOL. I
as to change the provisions relating to county and regional public
libraries; to provide for the establishment of public library systems; to
provide for referendums under certain conditions; to provide for
certain powers and authority; to provide for boards of trustees; to
provide for their appointment, terms of office, removal from office,
and vacancies; to provide for their responsibilities, duties, and com-
pensation; to provide for directors of public library systems; to
provide for their responsibilities, duties, and qualifications; to pro-
vide for certain reports required by funding agencies; to provide for
rules, bylaws, and constitutions for library boards; to provide for
ownership of certain real property and other property used for library
purposes; to provide for the pro rata division of such property upon
dissolution or significant structural change of the library system; to
provide for bonding of library boards; to provide for dissolution of
library systems; to provide penalties for certain violations; to provide
certain exemptions from liability; to require certification for certain
professional library positions; to provide for forfeiture of certain aid
upon certain violations; to provide for applicability to certain existing
library systems; 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 20 of the Official Code
of Georgia Annotated, relating to local and regional public libraries, is
amended by striking Part 2 in its entirety and inserting in lieu thereof
a new Part 2 to read as follows:
Part 2
20-5-40. (a) The governing authority of any county or munici-
pality may establish a public library system. Any public library
established pursuant to this part shall be a tax-exempt institution.
(b) A public library may be established in the following manner:
(1) By resolution or act, at the discretion of the governing
authority, of any county or municipality, or any combination
thereof;
(2) By approval of the voters of any county or municipality
in a referendum election on the question of the establishment of a
public library as provided in this paragraph. Upon a written
petition containing 35 percent of the registered and qualified
GEORGIA LAWS 1984 SESSION
1007
voters of a municipality or county being filed with the appropriate
governing authority, the governing authority shall be required to
hold and conduct a special referendum election for the purpose of
submitting to the qualified voters of the municipality or county
the question of whether or not a public library, as provided for in
this part, shall be authorized. In the event a majority of the
persons voting in the election vote in favor of the public library,
then the governing authority of the municipality or county shall
establish a public library as provided in this part. Otherwise, the
governing authority shall have no authority to do so. Following
the expiration of two years after any election is held which results
in disapproval of a public library, as provided in this part, another
election on this question shall be held if another petition, as
provided in this paragraph, is filed with the appropriate governing
authority; or
(3) By contractual agreement between the governing
authorities of any county or municipality.
20-5-41. Each library system shall be governed by a board of
trustees. Each system shall have a governing board of trustees but
may have other affiliated boards of trustees for member libraries.
The county board of library trustees shall exercise authority in a
county system. The regional board of library trustees shall exercise
authority in a multicounty system.
20-5-42. (a) A county board of trustees shall consist of at least
one appointee from each governmental agency financially supporting
the library on a regular basis. Appointments shall be made in writing
pursuant to the constitution and bylaws of the library system, shall be
transmitted to the appointee and to the library, and shall state the
length of term and expiration date of the appointment.
(b) A regional board of library trustees shall consist of trustees
serving on member county boards who are appointed to the regional
board by each county board for a term specified in writing pursuant to
the constitution and bylaws of the library system.
(c) Board members shall serve staggered terms for continuity of
service.
(d) Board members shall be removed for cause or for failure to
attend three consecutive meetings pursuant to the library systems
constitution and bylaws or the local constitution and bylaws.
1008
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) Vacancies shall be filled in the same manner as appointments
are made. If a vacancy occurs prior to the expiration of a trustees
term, the new appointee shall complete the unexpired term.
20-5-43. The board of trustees shall have duties and responsibil-
ities which include but are not limited to the following:
(1) To employ a library director who meets state certifica-
tion requirements and such other employees as necessary upon
the recommendation of the library system director; provided,
however, that the board shall be authorized to delegate employ-
ment of staff members to the library system director;
(2) To approve budgets prepared by the library system
director and assume responsibility for the presentation of the
librarys fiscal needs to the supporting agencies;
(3) To attend board meetings;
(4) To establish policies governing library programs, includ-
ing rules and regulations governing the use of the library;
(5) To set policy for the administration of gifts of money
and property;
(6) To present financial and progress reports to governing
officials and to the public;
(7) To notify the appropriate authorities of a vacancy on the
board so that a person may be appointed to complete unexpired or
full terms; and
(8) To notify the library system director, in advance, of all
meetings of library boards and board committees.
20-5-44. Members of the board of trustees shall receive no
compensation; provided, however, that such members may be reim-
bursed for any reasonable and necessary expenses incurred in the
performance of library business or if stipulated in terms of any
bequest or gift. Dues or fees for membership in local, state, regional,
and national library associations may be paid from operating funds in
accordance with the constitution and bylaws of the library system.
GEORGIA LAWS 1984 SESSION
1009
20-5-45. Every public library system shall have a director. Any
person appointed as director of a public library system must hold at
least a Grade 5(b) Librarians Professional Graduate Certificate as
defined by the State Board for the Certification of Librarians; pro-
vided, however, that any person who is serving as acting director of a
public library system on July 1,1984, shall be authorized to continue
to serve as director. The director shall be appointed by the board of
trustees and shall be the administrative head of the library system
under the direction and review of the board. The director of a library
system shall have duties and responsibilities which include but are
not limited to the following:
(1) To recommend for employment or termination other
staff members, as necessary, in compliance with applicable laws
and the availability of funds and to employ or terminate other
staff members if so authorized by the library board;
(2) To attend all meetings called by the Division of Public
Library Services of the Department of Education or send a
substitute authorized by the division director;
(3) To prepare any local, state, or federal annual budgets;
(4) To notify the board of trustees and the Division of
Public Library Services of the Department of Education of any
failure to comply with:
(A) Policies of the board;
(B) Criteria for state aid;
(C) State and federal rules and regulations; and
(D) All applicable local, state, or federal laws;
(5) To administer the total library program, including all
affiliated libraries, in accordance with policies adopted by the
system board of trustees; and
(6) To attend all meetings of the system board of trustees
and affiliated boards of trustees or to designate a person to attend
in his place.
1010
GENERAL ACTS AND RESOLUTIONS, VOL. I
20-5-46. The library system shall make such reports as deemed
necessary by local and state funding agencies. In every case at least
an annual report of activities, income, and expenditures shall be filed
with each funding agency.
20-5-47. (a) The board of trustees of each county and regional
library shall have a written constitution and bylaws stating policy
which shall be approved by the board. Such constitution and bylaws
shall be drafted in accordance with the current edition of the Hand-
book on Constitutions, By-laws and Contracts for Georgia Public
Libraries.
(b) Policies stated in the constitution of the county board may
not be in conflict with the policies of the constitution of the regional
board and state and federal laws and regulations. The constitution of
the regional board shall not be in conflict with state and federal laws
and regulations.
(c) All current constitutions and bylaws must be on file in the
Division of Public Library Services of the Department of Education
and all amendments must be filed with the division immediately upon
adoption.
20-5-48. (a) A clear title in fee simple to an approved site on
which a library facility is to be located shall be held by either the
library board of trustees or the county or municipality. Title to
property used for library purposes shall be vested in the library board
of trustees or in that local agency which makes the major financial
contribution toward construction costs. Notwithstanding any provi-
sion in this part to the contrary, any facility, the title to which
currently is held by a nonprofit organization and which is now being
operated by a public library board of trustees, may continue to be
operated by that library board of trustees if the operation of that
facility by the board of trustees meets the standards of the Division of
Public Library Services of the Georgia Department of Education; and
the title to that facility may remain in the hands of that nonprofit
organization. When the composition of a library system is changed or
when the library system is dissolved and the title is vested in the
library board of trustees, the Division of Public Library Services of
the Department of Education shall serve as mediator in determining
ownership of property.
GEORGIA LAWS 1984 SESSION
1011
(b) Other property including, but not limited to, equipment and
materials that was purchased with state, federal, or contract funds
coming through the system budget shall be owned by the system
board of trustees and shall be placed or transferred where it is most
useful. Upon dissolution or significant structural change within the
system, such property shall be divided on a pro rata basis according to
the proportion of financial costs of property borne by the involved
parties. The library system board of trustees shall furnish the
financial and statistical information considered by the parties
attempting to reach agreement. If the parties are unable to reach a
mutually agreeable solution, the final decision of property ownership
shall be made by the Division of Public Library Services of the
Department of Education or its designee.
20-5-49. Library systems are authorized to make and enter into
such contracts or agreements as are deemed necessary and desirable.
All such contracts or agreements entered into shall:
(1) Detail the specific nature of the services, programs,
facilities, arrangements, or properties to which it is applicable;
(2) Provide for the allocation of costs and other financial
responsibilities;
(3) Specify the respective rights, duties, obligations, and
liabilities of the parties; and
(4) Set forth the terms and conditions for duration, renewal,
termination, abrogation, disposal of joint or common property, if
any, and all other matters which may be appropriated to the
proper effectuation and performance of the agreement.
No public or private library agency shall enter into any agreement
itself, or jointly with any other library agency, to exercise any
power or engage in any action prohibited by the constitution or
laws of this state.
20-5-50. Each library board which handles finances must keep a
current bond for an adequate amount determined by the board of
trustees and recorded in the minutes on the library director, the
treasurer of the board of trustees, or other officials and employees
authorized to handle funds. Proof of the bond for each board must be
filed with the Renewal Application for State Aid.
1012
GENERAL ACTS AND RESOLUTIONS, VOL. I
20-5-51. (a) A library system shall be dissolved by a reversal of
procedures followed in its original organization. A majority of the
board members in a majority of the counties must agree to the
dissolution of the system. One county in a multicounty system may
withdraw by a reversal of the procedure by which the county became a
member.
(b) If the local constitution and bylaws or participating agree-
ment does not specify a notification period for withdrawal, the proper
notice shall be sent six months prior to the end of the state fiscal year.
This notice must include reasons for the withdrawal and the method
by which the decision was reached and must be sent to the chairman
of the system board of trustees and the system library director. The
Division of Public Library Services of the Department of Education
must be notified of the receipt of this letter of intent within five
working days.
(c) Upon dissolution or withdrawal, no further state or federal
grant funds shall be paid for or to the dissolving or withdrawing unit
or units until such time as the unit or units reestablish the library or
libraries pursuant to this part and meet eligibility requirements for
such grant funds.
(d) A multicounty regional system may elect to expel a member
county upon the following conditions:
(1) Failure of the county to maintain the agreed level of
support to the regional system as in the most recent system-
participating agreement; or
(2) Failure of the county to meet criteria which may jeopar-
dize the systems eligibility for state or federal funds.
(e) If the systems constitution and bylaws or participating
agreement fails to describe a notice period for expulsion, the proper
notice shall be sent not less than six months prior to the end of the
state fiscal year. This notice must be sent to the chairman of the
county board of trustees, all funding agencies party to the partici-
pating agreement, the system library director, and the Division of
Public Library Services of the Department of Education.
(f) Upon total dissolution of a library system, all property shall
be disposed of as provided in this part.
GEORGIA LAWS 1984 SESSION
1013
20-5-52. Any person who shall steal or unlawfully take or will-
fully or maliciously write upon, cut, tear, deface, disfigure, soil,
obliterate, break, or destroy or who shall sell or buy or receive,
knowing it to have been stolen, any book, pamphlet, document,
newspaper, periodical, map, chart, picture, portrait, engraving,
statue, coin, medal, equipment, specimen, recording, video product,
microform, computer software, film, or other work of literature or
object of art or the equipment necessary to its display or use belong-
ing to or in the care of a public library shall be guilty of a misde-
meanor.
20-5-53. Any person who borrows from any public library any
book, newspaper, magazine, manuscript, pamphlet, publication,
recording, video product, microform, computer software, film, or
other article or equipment necessary to its display or use belonging to
or in the care of such public library under any agreement to return it
and thereafter fails to return such book, newspaper, magazine, manu-
script, pamphlet, publication, recording, video product, microform,
computer software, film, or other article or equipment necessary to its
display or use shall be given written notice, mailed to his last known
address or delivered in person, to return such article or equipment
within 15 days after the date of such notification. Such notice shall
contain a copy of this Code section. If such person shall thereafter
willfully and knowingly fail to return such article or equipment within
15 days, such person shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than
$500.00 or imprisonment for not more than 30 days and shall be
required to return such article or equipment or provide reimburs-
ement for the replacement cost of such article or equipment.
20-5-54. Any person who, without authority and with the inten-
tion of depriving the public library of the ownership of such property,
willfully conceals a book or other public library property, while still
on the premises of such public library, or willfully or without author-
ity removes any book or other property from any public library shall
be guilty of a misdemeanor; provided, however, that, if the replace-
ment cost of the public public library property is less than $25.00, the
punishment shall be a fine of not more than $250.00. Proof of the
willful concealment of any book or other public library property while
still on the premises of such public library shall be prima-facie
evidence of intent to violate this Code section.
1014
GENERAL ACTS AND RESOLUTIONS, VOL. I
20-5-55. An agent or employee of a public library or of any
department or office of the state or local government causing the
arrest of any person pursuant to the provisions of this part shall not
be held civilly liable for unlawful detention, slander, malicious prose-
cution, false imprisonment, false arrest, or assault and battery of the
person so arrested unless excessive or unreasonable force is used,
whether such arrest takes place on the premises by such agent or
employee; provided, however, that, in causing the arrest of such
person, the public library or agent or employee of the public library
had at the time of such arrest probable cause to believe that the
person committed willful theft or concealment of books or other
library property.
20-5-56. All persons holding professional positions with the title
of librarian must be certified by the State Board for the Certification
of Librarians.
20-5-57. Any failure to comply with the provisions of this part
shall result in the forfeiture of all state and federal library aid to the
system.
20-5-58. A library system existing prior to July 1, 1984, shall
have until July 1, 1989, to comply fully with the provisions of this
part, and any provision to the contrary within Chapter 24 of Title 43,
relating to libraries, shall be superseded by the provisions of this part.
20-5-59. This part shall not apply to any municipal public
library.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
1015
VITAL RECORDS ISSUANCE OF BIRTH
CERTIFICATES FOR FOREIGN-BORN
ADOPTED PERSONS.
Code Section 31-10-13 Amended.
No. 1211 (House Bill No. 1003).
AN ACT
To amend Code Section 31-10-13 of the Official Code of Georgia
Annotated, relating to certificates of adoption and birth certificates,
so as to provide for the issuance of birth certificates for persons born
outside this country who are adopted in accordance with the laws of
this state; to provide for all related matters; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 31-10-13 of the Official Code of Georgia
Annotated, relating to certificates of adoption and birth certificates,
is amended by striking subsection (e) and inserting new subsec-
tions^) and (f) to read as follows:
(e) This subsection shall apply to adopted persons born outside
this state but not in a foreign country. When the state registrar shall
receive a report of adoption, annulment of adoption, or amendment of
a decree of adoption of a person born outside this state, the state
registrar shall forward such report to the state registrar in the
indicated state of birth. The state registrar shall establish a certificate
of birth for a person born outside this state when the state registrar
receives a certificate of adoption if neither parent is the natural
parent of the adoptee and when the adoptive parents elect to show
Georgia as the state of birth; provided, however, that the adoptee is
entitled to citizenship by birth. The certificate of adoption shall
specify the place of birth, and a copy of the original birth certificate
shall be provided for the state registrar.
(f) This subsection shall apply to adopted persons born in a
foreign country. The state registrar shall establish a certificate of
birth for a person born in a foreign country when the state registrar
1016
GENERAL ACTS AND RESOLUTIONS, VOL. I
receives a certificate of adoption. The certificate of adoption shall
specify the actual place of birth which shall be shown as the place of
birth on the birth certificate.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
TAX SALES COST OF REDEMPTION TO
INCLUDE TAXES PAID BY PURCHASER.
Code Section 48-4-42 Amended.
No. 1212 (House Bill No. 1006).
AN ACT
To amend Code Section 48-4-42 of the Official Code of Georgia
Annotated, relating to amount payable for redemption of property
sold for taxes, so as to include in the cost of redemption any taxes paid
on the property by the purchaser after the sale for taxes; to 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 48-4-42 of the Official Code of Georgia
Annotated, relating to amount payable for redemption of property
sold for taxes, is amended by striking subsection (a) in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(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 any taxes paid on the
GEORGIA LAWS 1984 SESSION
1017
property by the purchaser after the sale for taxes, 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.
Section 2. This Act shall become effective January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
GEORGIA INDUSTRIES FOR THE BLIND
DEPARTMENT OF HUMAN RESOURCES DIRECTED
TO PROVIDE FACILITIES.
Code Section 30-2-3 Amended.
No. 1213 (House Bill No. 1008).
AN ACT
To amend Chapter 2 of Title 30 of the Official Code of Georgia
Annotated, relating to the Georgia Industries for the Blind, so as to
direct the Department of Human Resources to provide the facilities
necessary for the Industries for the Blind; to provide an effective date;
to repeal conflicting laws; and for other purposes.
1018
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 30 of the Official Code of Georgia
Annotated, relating to the Georgia Industries for the Blind, is
amended by striking in its entirety Code Section 30-2-3, relating to
the supervision and control of industries by the Department of
Human Resources, and inserting in lieu thereof a new Code Section
30-2-3 to read as follows:
30-2-3. (a) The industries shall be state institutions under the
direction and supervision of the Department of Human Resources.
(b) The Department of Human Resources is authorized to pro-
vide the property necessary for the industries. The Department of
Human Resources may acquire real property through the State
Properties Commission pursuant to Code Section 50-16-38 or the
department may enter into rental agreements in order to acquire the
needed space. The acquisition of such property is not deemed to be
administrative space within the meaning of Article 2 of Chapter 5 of
Title 50, the State Space Management Act of 1976.
Section 2. This Act shall become effective upon its approval by
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 29,1984.
GEORGIA LAWS 1984 SESSION
1019
CONTROLLED SUBSTANCES LISTING OF
CONTROLLED SUBSTANCES AND OF DANGEROUS
DRUGS CHANGED.
Code Title 16, Chapter 13 Amended.
No. 1214 (House Bill No. 1042).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, so as to delete from and
add to the listing of certain controlled substances; to delete from and
add to the listing of dangerous drugs; to change certain exceptions
relating to 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 a
new subparagraph at the end of paragraph (3) of Code Section 16-13-
25, relating to Schedule I controlled substances, to read as follows:
(Z) 3,4 - Methylenedioxymethamphetamine;.
Section 2. Said chapter is further amended by striking para-
graph (2) of Code Section 16-13-29, which reads as follows:
(2) Any compound, mixture, or preparation containing
loperamide.,
and inserting in its place the following:
(2) Reserved.
Section 3. Said chapter is further amended by striking from
subsection (b) of Code Section 16-13-71, defining dangerous drugs,
paragraph (262), which reads as follows:
1020
GENERAL ACTS AND RESOLUTIONS, VOL. I
(262) Dextranomer;,
and inserting in its place the following new paragraph:
(262) Reserved;,
and by adding in the appropriate paragraph positions in said subsec-
tion (b) the following new paragraphs:
(4.1) Aceto-hydroxamic acid;
(12.1) Aclometasone dipropionate;
(13.1) Acyclovir;
(83.1) Benoxaprofen;
(160.2) Chenodiol;
(529.1) Loperamide;.
Section 4. Said chapter is further amended by inserting after
paragraph (14) of subsection (c) of said Code Section 16-13-71 a new
paragraph to read as follows:
(14.1) Miconazole when used as antifungal powder, cream,
or both, and containing not more than 2 percent of miconazole
nitrate;.
Section 5. Said chapter is further amended by striking para-
graph (16) of subsection (c) of said Code Section 16-13-71, which
reads as follows:
(16) Nitrous oxide when used as a propellant in food pro-
ducts;,
and inserting in its place a new paragraph to read as follows:
(16) Nitrous oxide when used as a propellant in food pro-
ducts or when mixed with not less than 100 parts per million of sulfur
dioxide and used as a fuel additive for combustion engines;.
GEORGIA LAWS 1984 SESSION
1021
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 29,1984.
AGRICULTURE INTERSTATE PEST CONTROL
COMPACT ENACTED.
Code Title 2, Chapter 7 Amended.
No. 1215 (House Bill No. 1047).
AN ACT
To amend Chapter 7 of Title 2 of the Official Code of Georgia
Annotated, relating to plant disease, pest control, and pesticides, so
as to enact into law the interstate pest control compact and provide
for the entry into the compact by the State of Georgia together with
all other jurisdictions legally joining therein; to provide for the
insurance fund administered under the compact and for operations
and management under the compact; to provide for cooperation with
said insurance fund by the departments, agencies, and officers of this
state; to provide for filing of documents related to said compact; to
provide for the making of requests for assistance from said insurance
fund; to provide for appropriations; 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 7 of Title 2 of the Official Code of Georgia
Annotated, relating to plant disease, pest control, and pesticides, is
amended by adding a new Article 4 to read as follows:
1022
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 4
2-7-130. The Pest Control Compact is enacted into law and
entered into with all other jurisdictions legally joining therein. The
compact is substantially as follows:
PEST CONTROL COMPACT
Article I
Findings
The party states find that:
(a) In the absence of the higher degree of cooperation
among them possible under this compact, the annual loss of
approximately 25 billion dollars from the depredations of pests is
virtually certain to continue, if not to increase.
(b) Because of varying climatic, geographic and economic
factors, each state may be affected differently by particular spec-
ies of pests but all states share the inability to protect themselves
fully against those pests which present serious dangers to them.
(c) The migratory character of pest infestations makes it
necessary for states both adjacent to and distant from one
another, to complement each others activities when faced with
conditions of infestation and reinfestation.
(d) While every state is seriously affected by a substantial
number of pests, and every state is susceptible of infestation by
many species of pests not now causing damage to its crop and
plant life and products, the fact that relatively few species of pests
present equal danger to or are of interest to all states makes the
establishment and operation of an Insurance Fund, from which
individual states may obtain financial support for pest control
programs of benefit to them in other states and to which they may
contribute in accordance with their relative interests, the most
equitable means of financing cooperative pest eradication and
control programs.
Article II
Definitions
As used in this compact, unless the context clearly requires a
different construction:
GEORGIA LAWS 1984 SESSION
1023
(a) State means a state, territory or possession of the
United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(b) Requesting state means a state which invokes the
procedures of the compact to secure the undertaking or inten-
sification of measures to control or eradicate one or more pests
within one or more other states.
(c) Responding state means a state requested to undertake
or intensify the measures referred to in subdivision (b) of this
Article.
(d) Pest means any invertebrate animal, pathogen, par-
asitic plant or similar or allied organism which can cause disease or
damage in any crops, trees, shrubs, grasses or other plants of
substantial value.
(e) Insurance Fund means the Pest Control Insurance
Fund established pursuant to this compact.
(f) Governing Board means the administrators of this com-
pact representing all of the party states when such administrators
are acting as a body in pursuance of authority vested in them by
this compact.
(g) Executive Committee means the committee estab-
lished pursuant to Article V (e) of this compact.
Article III
The Insurance Fund
There is hereby established the Pest Control Insurance Fund
for the purpose of financing other than normal pest control
operations which states may be called upon to engage in pursuant
to this compact. The Insurance Fund shall contain monies
appropriated to it by the party states and any donations and
grants accepted by it. All appropriations, except as conditioned
by the rights and obligations of party states expressly set forth in
this compact, shall be unconditional and may not be restricted by
the appropriating state to use in the control of any specified pest
or pests. Donations and grants may be conditional or uncondi-
tional, provided that the Insurance Fund shall not accept any
1024
GENERAL ACTS AND RESOLUTIONS, VOL. I
donation or grant whose terms are inconsistent with any provision
of this compact.
Article IV
The Insurance Fund, Internal
Operations and Management
(a) The Insurance Fund shall be administered by a Govern-
ing Board and Executive Committee as hereinafter provided. The
actions of the Governing Board and Executive Committee pursu-
ant to this compact shall be deemed the actions of the Insurance
Fund.
(b) The members of the Governing Board shall be entitled
to one vote each on such Board. No action of the Governing Board
shall be binding unless taken at a meeting at which a majority of
the total number of votes on the Governing Board are cast in favor
thereof. Action of the Governing board shall be only at a meeting
at which a majority of the members are present.
(c) The Insurance Fund shall have a seal which may be
employed as an official symbol and which may be affixed to
documents and otherwise used as the Governing Board may
provide.
(d) The Governing Board shall elect annually, from among
its members, a chairman, a vice chairman, a secretary and a
treasurer. The chairman may not succeed himself. The governing
board may appoint an executive director and fix his duties and his
compensation, if any. Such executive director shall serve at the
pleasure of the Governing Board. The Governing Board shall
make provision for the bonding of such of the officers and employ-
ees of the Insurance Fund as may be appropriate.
(e) Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the executive director, or if
there be no executive director, the chairman, in accordance with
such procedures as the bylaws may provide, shall appoint, remove
or discharge such personnel as may be necessary for the perfor-
mance of the functions of the Insurance Fund and shall fix the
duties and compensation of such personnel. The Governing Board
in its bylaws shall provide for the personnel policies and programs
of the Insurance Fund.
GEORGIA LAWS 1984 SESSION
1025
(f) The Insurance Fund may borrow, accept or contract for
the services of personnel from any state, the United States, or any
other governmental agency, or from any person, firm, association
or corporation.
(g) The Insurance Fund may accept for any of its purposes
and functions under this compact any and all donations, and
grants of money, equipment, supplies, materials and services,
conditional or otherwise, from any state, the United States, or any
other governmental agency, or from any person, firm, association
or corporation, and may receive, utilize and dispose of the same.
Any donation, gift or grant accepted by the Governing board
pursuant to this paragraph or services borrowed pursuant to
paragraph (f) of this Article shall be reported in the annual report
of the Insurance Fund. Such report shall include the nature,
amount and conditions, if any, of the donation, gift, grant or
services borrowed and the identity of the donor or lender.
(h) The Governing Board shall adopt bylaws for the con-
duct of the business of the Insurance Fund and shall have the
power to amend and rescind these bylaws. The Insurance Fund
shall publish its bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with the appropri-
ate agency or officer in each of the party states.
(i) The Insurance Fund annually shall make to the Gover-
nor and legislature of each party state a report covering its
activities for the preceding year. The Insurance Fund may make
such additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically autho-
rized and imposed, the Insurance Fund may do such other things
as are necessary and incidental to the conduct of its affairs
pursuant to this compact.
Article V
Compact and Insurance
Fund Administration
(a) In each party state there shall be a compact administra-
tor, who shall be selected and serve in such manner as the laws of
his state may provide, and who shall:
1026
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. Assist in the coordination of activities pursuant to
the compact in his state; and
2. Represent his state on the Governing Board of the
Insurance Fund.
(b) If the laws of the United States specifically so provide,
or if administrative provision is made therefor within the federal
government, the United States may be represented on the Gov-
erning Board of the Insurance Fund by not to exceed three
representatives. Any such representative or representatives of the
United States shall be appointed and serve in such manner as may
be provided by or pursuant to federal law, but no such representa-
tive shall have a vote on the Governing Board or on the Executive
Committee thereof.
(c) The Governing Board shall meet at least once each year
for the purpose of determining policies and procedures in the
administration of the Insurance Fund and, consistent with the
provisions of the compact, supervising and giving direction to the
expenditure of monies from the Insurance Fund. Additional
meetings of the Governing Board shall be held on call of the
chairman, the Executive Committee, or a majority of the member-
ship of the Governing Board.
(d) At such times as it may be meeting, the Governing
Board shall pass upon applications for assistance from the Insur-
ance Fund and authorize disbursements therefrom. When the
Governing Board is not in session, the Executive Committee
thereof shall act as agent of the Governing Board, with full
authority to act for it in passing upon such applications.
(e) The Executive Committee shall be composed of the
chairman of the Governing Board and four additional members of
the Governing Board chosen by it so that there shall be one
member representing each of four geographic groupings of party
states. The Governing Board shall make such geographic group-
ings. If there is representation of the United States on the
Governing Board, one such representative may meet with the
Executive Committee. The chairman of the Governing Board
shall be chairman of the Executive Committee. No action of the
Executive Committee shall be binding unless taken at a meeting at
which at least four members of such Committee are present and
GEORGIA LAWS 1984 SESSION
1027
vote in favor thereof. Necessary expenses of each of the five
members of the Executive Committee incurred in attending meet-
ings of such Committee, when not held at the same time and place
as a meeting of the Governing board, shall be charges against the
Insurance Fund.
Article VI
Assistance and Reimbursement
(a) Each party state pledges to each other party state that it
will employ its best efforts to eradicate, or control within the
strictest practicable limits, any and all pests. It is recognized that
performance of this responsibility involves:
1. The maintenance" of pest control and eradication
activities of interstate significance by a party state at a level
that would be reasonable for its own protection in the absence
of this compact.
2. The meeting of emergency outbreaks or infestations
of interstate significance to no less an extent than would have
been done in the absence of this compact.
(b) Whenever a party state is threatened by a pest not
present within its borders but present within another party state,
or whenever a party state is undertaking or engaged in activities
for the control or eradication of a pest or pests, and finds that such
activities are or would be impracticable or substantially more
difficult of success by reason of failure of another party state to
cope with infestation or threatened infestation, that state may
request the Governing board to authorize expenditures from the
Insurance Fund for eradication or control measures to be taken by
one or more of such other party states at a level sufficient to
prevent, or to reduce to the greatest practicable extent, infestation
or reinfestation of the requesting state. Upon such authorization
the responding state or states shall take or increase such eradica-
tion or control measures as may be warranted. A responding state
shall use monies made available from the Insurance Fund expedi-
tiously and efficiently to assist in affording the protection
requested.
(c) In order to apply for expenditures from the Insurance
Fund, a requesting state shall submit the following in writing:
1028
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. A detailed statement of the circumstances which
occasion the request for the invoking of the compact.
2. Evidence that the pest on account of whose eradica-
tion or control assistance is requested constitutes a danger to
an agricultural or forest crop, product, tree, shrub, grass or
other plant having a substantial value to the requesting state.
3. A statement of the extent of the present and pro-
jected program of the requesting state and its subdivisions,
including full information as to the legal authority for the
conduct of such program or programs and the expenditures
being made or budgeted therefor, in connection with the
eradication, control, or prevention of introduction of the pest
concerned.
4. Proof that the expenditures being made or budgeted
as detailed in item 3 do not constitute a reduction of the effort
for the control or eradication of the pest concerned or, if there
is a reduction, the reasons why the level of program detailed
in item 3 constitutes a normal level of pest control activity.
5. A declaration as to whether, to the best of its knowl-
edge and belief, the conditions which in its view occasion the
invoking of the compact in the particular instance can be
abated by a program undertaken with the aid of monies from
the Insurance Fund in one year or less, or whether the request
is for an installment in a program which is likely to continue
for a longer period of time.
6. Such other information as the Governing Board may
require consistent with the provisions of this compact.
(d) The Governing Board or Executive Committee shall
give due notice of any meeting at which an application for assis-
tance from the Insurance Fund is to be considered. Such notice
shall be given to the compact administrator of each party state
and to such other officers and agencies as may be designated by
the laws of the party states. The requesting state and any other
party state shall be entitled to be represented and present evi-
dence and argument at such meeting.
GEORGIA LAWS 1984 SESSION
1029
(e) Upon the submission as required by paragraph (c) of this
Article and such other information as it may have or acquire, and
upon determining that an expenditure of funds is within the
purposes of this compact and justified thereby, the Governing
Board or Executive Committee shall authorize support of the
program. The Governing Board or the Executive Committee may
meet at any time or place for the purpose of receiving and
considering an application. Any and all determinations of the
Governing Board or Executive Committee, with respect to an
application, together with the reasons therefor shall be recorded
and subscribed in such manner as to show and preserve the votes
of the individual members thereof.
(f) A requesting state which is dissatisfied with a determi-
nation of the Executive Committee shall upon notice in writing
given within 20 days of the determination with which it is dissatis-
fied, be entitled to receive a review thereof at the next meeting of
the Governing Board. Determinations of the Executive Commit-
tee shall be reviewable only by the Governing Board at one of its
regular meetings, or at a special meeting held in such manner as
the Governing Board may authorize.
(g) Responding states required to undertake or increase
measures pursuant to this compact may receive monies from the
Insurance Fund, either at the time or times when such state incurs
expenditures on account of such measures, or as reimbursement
for expenses incurred and chargeable to the Insurance Fund. The
Governing Board shall adopt and, from time to time, may amend
or revise procedures for submission of claims upon it and for
payment thereof.
(h) Before authorizing the expenditure of monies from the
Insurance Fund pursuant to an application of a requesting state,
the Insurance Fund shall ascertain the extent and nature of any
timely assistance or participation which may be available from the
federal government and shall request the appropriate agency or
agencies of the federal government for such assistance and partici-
pation.
(i) The Insurance Fund may negotiate and execute a memo-
randum of understanding or other appropriate instrument defin-
ing the extent and degree of assistance or participation between
and among the Insurance Fund, cooperating federal agencies,
states and any other entities concerned.
1030
GENERAL ACTS AND RESOLUTIONS, VOL. I
Article VII
Advisory and Technical Committees
The Governing Board may establish advisory and technical
committees composed of state, local, and federal officials, and
private persons to advise it with respect to any one or more of its
functions. Any such advisory or technical committee, or any
member or members thereof may meet with and participate in its
deliberations. Upon request of the Governing Board or Executive
Committee an advisory or technical committee may furnish infor-
mation and recommendations with respect to any application for
assistance from the Insurance Fund being considered by such
Board or Committee and the Board or Committee may receive and
consider the same: provided that any participant in a meeting of
the Governing Board or Executive Committee held pursuant to
Article VI (d) of the compact shall be entitled to know the
substance of any such information and recommendations, at the
time of the meeting if made prior thereto or as a part thereof or, if
made thereafter, no later than the time at which the Governing
Board or Executive Committee makes its disposition of the appli-
cation.
Article VIII
Relations with
Nonparty Jurisdictions
(a) A party state may make application for assistance from
the Insurance Fund in respect of a pest in a nonparty state. Such
application shall be considered and disposed of by the Governing
Board or Executive Committee in the same manner as an applica-
tion with respect to a pest within a party state, except as provided
in this Article.
(b) At or in connection with any meeting of the Governing
Board or Executive Committee held pursuant to Article VI (d) of
this compact a nonparty state shall be entitled to appear, partici-
pate, and receive information only to such extent as the Governing
Board or Executive Committee may provide. A nonparty state
shall not be entitled to review of any determination made by the
Executive Committee.
(c) The Governing Board or Executive Committee shall
authorize expenditures from the Insurance Fund to be made in a
GEORGIA LAWS 1984 SESSION
1031
nonparty state only after determining that the conditions in such
state and the value of such expenditures to the party states as a
whole justify them. The Governing Board or Executive Commit-
tee may set any conditions which it deems appropriate with
respect to the expenditure of monies from the Insurance Fund in a
nonparty state and may enter into such agreement or agreements
with nonparty states and other jurisdictions or entities as it may
deem necessary or appropriate to protect the interests of the
Insurance Fund with respect to expenditures and activities out-
side of party states.
Article IX
Finance
(a) The Insurance Fund shall submit to the executive head
or designated officer or officers of each party state a budget for the
Insurance Fund for such period as may be required by the laws of
that party state for presentation to the legislature thereof.
(b) Each of the budgets shall contain specific recommenda-
tions of the amount or amounts to be appropriated by each of the
party states. The requests for appropriations shall be apportioned
among the party states as follows: one-tenth of the total budget in
equal shares and the remainder in proportion to the value of
agricultural and forest crops and products, excluding animals and
animal products, produced in each party state. In determining the
value of such crops and products the Insurance Fund may employ
such source or sources of information as in its judgment present
the most equitable and accurate comparisons among the party
states. Each of the budgets and requests for appropriations shall
indicate the source or sources used in obtaining information
concerning value of products.
(c) The financial assets of the Insurance Fund shall be
maintained in two accounts to be designated respectively as the
Operating Account and the Claims Account. The Operating
Account shall consist only of those assets necessary for the admin-
istration of the Insurance Fund during the next ensuing two-year
period. The Claims Account shall contain all monies not included
in the Operating Account and shall not exceed the amount reason-
ably estimated to be sufficient to pay all legitimate claims on the
Insurance Fund for a period of three years. At any time when the
Claims Account has reached its maximum limit or would reach its
1032
GENERAL ACTS AND RESOLUTIONS, VOL. I
maximum limit by the addition of monies requested for appropri-
ation by the party states, the Governing Board shall reduce its
budget requests on a pro rata basis in such manner as to keep the
Claims Account within such maximum limit. Any monies in the
Claims Account by virtue of conditional donations, grants or gifts
shall be included in calculations made pursuant to this paragraph
only to the extent that such monies are available to meet demands
arising out of claims.
(d) The Insurance Fund shall not pledge the credit of any
party state. The Insurance Fund may meet any of its obligations
in whole or in part with monies available to it under Article IV (g)
of this compact, provided that the Governing Board takes specific
action setting aside such monies prior to incurring any obligation
to be met in whole or in part in such manner. Except where the
Insurance Fund makes use of monies available to it under Article
IV (g) hereof, the Insurance Fund shall not incur any obligation
prior to the allotment of monies by the party states adequate to
meet the same.
(e) The Insurance Fund shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Insurance Fund shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Insurance Fund shall be
audited yearly by a certified or licensed public accountant and a
report of the audit shall be included in and become part of the
annual report of the Insurance Fund.
(f) The accounts of the Insurance Fund shall be open at any
reasonable time for inspection by duly authorized officers of the
party states and by any persons authorized by the Insurance
Fund.
Article X
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into
law by any five or more states. Thereafter, this compact shall
become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
GEORGIA LAWS 1984 SESSION
1033
shall take effect until two years after the executive head of the
withdrawing state has given notice in writing of the withdrawal to
the executive heads of all other party states. No withdrawal shall
affect any liability already incurred by or chargeable to a party
state prior to the time of such withdrawal.
Article XI
Construction and Severability
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any state
or of the United States or the applicability thereof to any govern-
ment, agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to
any government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary to the
constitution of any state participating herein, the compact shall
remain in full force and effect as to the remaining party states and
in full force and effect as to the state affected as to all severable
matters.
2-7-131. Consistent with the law of this state and within the
limits of funds appropriated or otherwise available, the departments,
agencies, and officers of this state may cooperate with the insurance
fund established by the Pest Control Compact.
2-7-132. Pursuant to Article IV (h) of the Pest Control Compact,
copies of bylaws and amendments thereto shall be filed with the
Commissioner of Agriculture.
2-7-133. The compact administrator for the Pest Control Com-
pact for this state shall be the Commissioner of Agriculture.
2-7-134. Within the meaning of Article VI (b) or VIII (a) of the
Pest Control Compact, a request or application for assistance from
the insurance fund may be made by the Governor.
2-7-135. (a) The funds necessary to carry out this article and
the Pest Control Compact shall be paid from funds appropriated to or
otherwise made available to the Department of Agriculture.
1034
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) When any payment is made to this state pursuant to the Pest
Control Compact for purposes of allowing this state to undertake or
intensify a control or eradication program, such payment shall be
received by the department, agency, or officer expending funds or
becoming liable to expend funds for such control or eradication
program. Such payment shall be expended for purposes of such
control or eradication program by such department, agency, or offi-
cer; and such payment need not be paid into the general fund of the
state treasury.
2-7-136. As used in the Pest Control Compact, with reference to
this state, the term executive head shall mean the Governor.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
HEALTH AUTHORIZED RECEIPT AND REUSE
OF HEART PACEMAKERS.
Code Section 31-1-6 Enacted.
No. 1216 (House Bill No. 1057).
AN ACT
To amend Chapter 1 of Title 31 of the Official Code of Georgia
Annotated, relating to general provisions regarding health, so as to
authorize the receipt and reuse of heart pacemakers; to provide
definitions; to provide for exceptions; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
1035
Section 1. Chapter 1 of Title 31 of the Official Code of Georgia
Annotated, relating to general provisions regarding health, is
amended by adding at the end of said chapter a new Code Section 31-
1-6 to read as follows:
31-1-6. (a) As used in this Code section, the term:
(1) Heart pacemaker* means any electrical device which
stimulates the heart muscle so that it contracts at a certain or
regular rate.
(2) Medically acceptable means conforming to prevailing
medical standards of cleanliness and manufacturers applicable
standards for functional operation.
(3) Person includes the following:
(A) Any hospital, surgeon, or physician;
(B) Any accredited medical school, college, or univer-
sity;
(C) Any licensed, accredited, or approved bank or stor-
age facility of human bodies or parts; or
(D) Any specified individual needing implantation of a
heart pacemaker.
(b) Any person, as defined in subsection (a) of this Code section,
shall be authorized to receive and reuse a heart pacemaker, provided
that such device is medically acceptable for its proposed reuse.
(c) This Code section shall not apply to the receipt and reuse of a
nuclear-powered pacemaker.
Section 2. This Act shall become effective upon its approval by
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 29,1984.
1036
GENERAL ACTS AND RESOLUTIONS, VOL. I
PERSONS WHO MAY BE AUTHORIZED TO DISPOSE
OF HEART PACEMAKERS UPON DEATH OF
INDIVIDUAL POSSESSING SAME.
Code Section 44-5-142 Amended.
Code Section 53-1-4 Enacted.
No. 1217 (House Bill No. 1058).
AN ACT
To amend the Official Code of Georgia Annotated, so as to
authorize the disposition by sale or gift of a heart pacemaker at the
death of the individual possessing such pacemaker; to provide which
persons may make such disposition in the absence of a contract, will,
or other contrary indication of a decedent; to provide that funds from
a sale made without direction from a contract or will shall be added to
the estate of the decedent; to provide for exceptions; to provide an
effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 44-5-142 of the Official Code of Georgia
Annotated, relating to definitions used in the Georgia Anatomical
Gift Act, is amended by striking in its entirety paragraph (5) of said
Code section and inserting in its place a new paragraph (5) to read as
follows:
(5) Part means organs, tissues, eyes, bones, arteries, blood and
other fluids, and any other portions of a human body. The term part
also means a heart pacemaker.
Section 2. Chapter 1 of Title 53 of the Official Code of Georgia
Annotated, relating to general provisions affecting wills, trusts, and
administration of estates, is amended by adding at the end of said
chapter a new Code Section 53-1-4 to read as follows:
53-1-4. (a) Any individual who is 18 years of age or older and
of sound mind may provide for the sale by contract or by will of a
heart pacemaker implanted within the individual, such disposition to
be made at death. If the sale is by will, it shall be effective without
probate.
GEORGIA LAWS 1984 SESSION
1037
(b) When persons in prior classes are not available at the time of
death of a person having a heart pacemaker and in the absence of a
disposition contract or will, actual notice of contrary indications by
the decedent, and actual opposition by a member of the same or a
prior class, any of the following persons, in order of priority stated,
may sell the heart pacemaker:
(1) The spouse;
(2) An adult son or daughter;
(3) Either parent;
(4) An adult brother or sister;
(5) A guardian of the person of the decedent at the time of
his death other than a guardian ad litem appointed for such
purpose; or
(6) Any other person authorized or under obligation to
dispose of the body.
(c) If a buyer has actual notice of contrary indications by the
decedent or actual notice that a sale by a member of a class is opposed
by a member of the same or a prior class, no valid sale may be made.
The persons authorized by subsection (b) of this Code section may
make the sale only after the time of death of the person having the
heart pacemaker.
(d) Unless otherwise provided in a will or contract, all proceeds
from sales under this Code section shall be added to the estate of the
decedent.
(e) Sales of pacemakers under this Code section shall be subject
to:
(1) Medical acceptability of the heart pacemaker for reuse;
and
(2) The laws of this state relating to autopsies.
(f) This Code section shall not apply to the sale or gift of a
nuclear-powered pacemaker.
1038
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 29,1984.
ELECTIONS FINANCIAL STATEMENT TO
ACCOMPANY PAUPERS AFFIDAVIT FILED TO
AVOID PAYMENT OF QUALIFYING FEE.
Code Title 21, Chapters 2 and 3 Amended.
No. 1218 (House Bill No. 1077).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to require the submission of a financial
statement when a paupers affidavit is filed in lieu of payment of a
candidates qualifying fee; to provide for the form and content of such
affidavit and financial statement; 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 subsection (f) of Code
Section 21-2-132, relating to filing notices of candidacy and payment
of qualifying fees, in its entirety and inserting in lieu thereof a new
subsection (f) to read as follows:
(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
GEORGIA LAWS 1984 SESSION
1039
paying a qualifying fee shall under oath affirm his poverty and his
resulting inability to pay the qualifying fee otherwise required. The
form of the affidavit shall be prescribed by the State Election Board
and shall include a financial statement which lists the total income,
assets, liabilities, and other relevant financial information of the
candidate and shall indicate on its face that the candidate has neither
the assets nor the income to pay the qualifying fee otherwise required.
The affidavit shall contain an oath that such candidate has neither
the assets nor the income to pay the qualifying fee otherwise required.
The following warning shall be printed on the affidavit form prepared
by the Secretary of State, to wit: WARNING: Any person knowingly
making any false statement on this affidavit commits the offense of
false swearing and shall be guilty of a felony. The name of any
candidate who subscribes and swears to an oath that such candidate
has neither the assets nor the income to pay the qualifying fee
otherwise required shall be placed on the ballot by the Secretary of
State or election superintendent, as the case may be.
Section 2. Said title is further amended by striking paragraph
(2) of subsection (a) of Code Section 21-2-153, relating to the qualifi-
cation of candidates for party nomination in a primary, in its entirety
and inserting in lieu thereof a new paragraph (2) of subsection (a) to
read as follows:
(2) (A) The submission of a paupers affidavit by which the
candidate under oath affirms his poverty and his resulting inabil-
ity to pay the qualifying fee otherwise required. The form of the
affidavit shall be prescribed by the State Election Board and shall
include a financial statement which lists the total income, assets,
liabilities, and other relevant financial information of the candi-
date and shall indicate on its face that the candidate has neither
the assets nor the income to pay the qualifying fee otherwise
required. The affidavit shall contain an oath that such candidate
has neither the assets nor the income to pay the qualifying fee
otherwise required. The following warning shall be printed on the
affidavit form prepared by the Secretary of State, to wit: WARN-
ING: Any person knowingly making any false statement on this
affidavit commits the offense of false swearing and shall be guilty
of a felony. The name of any candidate who subscribes and
swears to an oath that such candidate has neither the assets nor
the income to pay the qualifying fee otherwise required shall be
placed on the ballot by the Secretary of State or election superin-
tendent, as the case may be.
1040
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) If a candidate seeks to qualify for a county or militia
district office, the paupers affidavit and financial statement shall
be presented to the county political party; otherwise, the candi-
date shall file his paupers affidavit and financial statement with
the state political party.
Section 3. Said title is further amended by striking Code Section
21-3-90, relating to the fixing and publishing of qualifying fees in
municipal elections, in its entirety and inserting in lieu thereof a new
Code Section 21-3-90 to read as follows:
21-3-90. (a) At least two weeks prior to the closing of qualifi-
cations for a special or general municipal election, the governing
authority of any municipality shall fix and publish a qualification fee,
if any, to be paid by candidates seeking election in any such special or
general election. Such fee shall be paid to the municipal superinten-
dent at the time a candidate files his notice of candidacy. Such fee
shall be 3 percent of the annual salary of the office if a salaried office.
If not a salaried office, a reasonable fee shall be set by the municipal
governing authority, such fee not to exceed 3 percent of the income
derived from such office by the person holding the office for the
preceding year; provided, however, that, in cases where no income is
provided for a municipal office, the governing authority shall be
authorized to fix and publish a qualification fee not to exceed $35.00
for such office.
(b) A paupers affidavit may be filed in lieu of paying the
qualifying fee otherwise required by this Code section. A candidate
filing a paupers affidavit instead of paying a qualifying fee shall
under oath affirm his poverty and his resulting inability to pay the
qualifying fee otherwise required. The form of the affidavit shall be
prescribed by the State Election Board and shall include a financial
statement which lists the total income, assets, liabilities, and other
relevant financial information of the candidate and shall indicate on
its face that the candidate has neither the assets nor the income to
pay the qualifying fee otherwise required. The affidavit shall contain
an oath that such candidate has neither the assets nor the income to
pay the qualifying fee otherwise required. The following warning
shall be printed on the affidavit form prepared by the Secretary of
State, to wit: WARNING: Any person knowingly making any false
statement on this affidavit commits the offense of false swearing and
shall be guilty of a felony. The election superintendent shall place on
the ballot the name of any candidate who subscribes and swears to an
GEORGIA LAWS 1984 SESSION
1041
oath that such candidate has neither the assets nor the income to pay
the qualifying fee otherwise required.
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 29,1984.
JOINT MUNICIPAL EMPLOYEES RETIREMENT
SYSTEM LAW RELATING THERETO
COMPREHENSIVELY REVISED.
Code Title 47, Chapter 5 Amended.
No. 1219 (House Bill No. 1144).
AN ACT
To amend Chapter 5 of Title 47 of the Official Code of Georgia
Annotated, relating to the Joint Municipal Employees Retirement
System, so as to comprehensively revise the Joint Municipal Employ-
ees Retirement System; to provide definitions; to change the name of
said system; to provide the appointment, membership, and qualifica-
tions of the board of trustees of the system; to provide for officers of
the board; to provide the powers of the board; to provide that local
government employers authorized to contract with the board shall
have the power to provide benefits to its employees subject to the
provisions of this chapter; to provide for contracts between said board
and certain local government employers to effectuate the purpose of
this chapter; to provide for the investment of funds by the board and
the accounting therefor; to provide for the payment of benefits; to
provide for other matters relative to the foregoing; to repeal conflict-
ing laws; and for other purposes.
1042
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 47 of the Official Code of Georgia
Annotated, relating to the Joint Municipal Employees Retirement
System, is amended by striking Code Section 47-5-2, relating to
definitions, in its entirety and substituting in lieu thereof a new Code
Section 47-5-2 to read as follows:
47-5-2. As used in this chapter, the term:
(1) Benefit system or system means the Joint Municipal
Employees Benefit System created by this chapter.
(2) Board of trustees or board means the board of trustees
of the Joint Municipal Employees Benefit System.
(3) Contract means a contract executed pursuant to this
chapter between the board of trustees and a member employer.
(4) Defined benefit means a plan whereby retirement ben-
efits are determined in advance by a formula and the contribu-
tions are treated as the variable factor.
(5) Defined contribution means a plan whereby the contri-
butions to the plan are fixed in advance and the retirement benefit
is the variable factor.
(6) Employee means any full-time salaried or hourly rated
person in the active service of an employer and any employees of
the board of trustees. Notwithstanding any laws to the contrary,
the term also includes any appointed or elected member of the
governing authority of a municipal corporation of this state, the
chief legal officer or any associate legal officer of a municipal
corporation, and any municipal officer elected or appointed to
preside over the court of a municipal corporation. Said term shall
also include part-time employees of an employer for the purposes
of participating in employee benefit plans.
(7) Employee benefits means group health benefits, group
short-term disability benefits, group death benefits, group acci-
dental death and dismemberment benefits, and such other bene-
fits as from time to time the board may deem advisable.
GEORGIA LAWS 1984 SESSION
1043
(8) Employee benefit fund means any other pooled fund,
other than the retirement fund and workers compensation fund,
created by the board for the purpose of providing employee
benefits on behalf of member employers.
(9) Employer means:
(A) A municipal corporation of this state;
(B) The Emergency Management Division of the State
Department of Defense as created by Chapter 3 of Title 38,
the Georgia Emergency Management Act of 1981;
(C) Local emergency management organizations;
(D) Planning and development commissions, includ-
ing, but not limited to, a planning commission, planning and
development commission, or area planning and development
commission which are created by one or more municipalities
or counties or combinations thereof to serve cities or counties
or any combination thereof and which employ a staff and are
governed by a separate board or other governing body and
whose operations are financed through an independent
budget;
(E) Municipal authorities, including, but not limited
to, a public authority, commission, board, or similar agency
which is created by general, local, or special Act of the General
Assembly and which carries out its functions wholly or partly
within the corporate boundaries of a municipal corporation of
this state. The term also includes such bodies which are
created or activated by an appropriate ordinance or resolu-
tion of the governing body of a municipal corporation individ-
ually or jointly with other political subdivisions of this state;
(F) The Georgia Municipal Association;
(G) The Jointly Owned Natural Gas Transmission Line
which was established by contract by the Cities of Perry,
Warner Robins, Hawkinsville, and Cochran; or
(H) Consolidated city-county governments of this
state.
1044 GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Local emergency management organization means all
local organizations for emergency management established pursu-
ant to Chapter 3 of Title 38, the Georgia Emergency Management
Act of 1981, by a municipal corporation, a county, a combination
of one or more municipal corporations or counties, the Governor,
or the director of emergency management at the request of the
Governor.
(11) Member employer means an employer which has con-
tracted to become a member of the benefit system as provided for
in this chapter or an employer which is a member of a group self-
insured workers compensation fund for which the board serves as
trustees.
(12) Participating employee means an employee of a
member employer for whom contributions to the retirement fund
are being made under a contract.
(13) Retirement benefits means defined benefits, defined
contribution benefits, and death or disability retirement benefits
provided by a member employer to an employee as part of the
employees compensation. The term shall also include optional
settlement benefits which are determined by the board of trustees
to be actuarially equivalent to the primary retirement benefits
provided in a contract; deferred compensation; qualified volun-
tary employee contributions; and other salary deferral plans
authorized by the Internal Revenue Code of the United States.
(14) Retirement fund means the pooled investment fund for
retirement purposes created by this chapter, in which the contri-
butions of participating employees and of member employers are
commingled for investment purposes.
(15) Workers compensation benefits means benefits pay-
able out of the workers compensation fund pursuant to Chapter 9
of Title 34 of the Official Code of Georgia Annotated.
(16) Workers compensation fund means a group self-insur-
ance fund comprised of employers as defined in paragraph (9) of
this Code section.
(17) Vesting, vested right, or vested benefit means any
right of an employee to the retirement benefits attributable to a
GEORGIA LAWS 1984 SESSION
1045
municipalitys contributions under a contract in the event of
termination of employment prior to retirement.
Section 2. Said chapter is further amended by striking Code
Section 47-5-20, relating to the creation of the board of trustees, in its
entirety and substituting in lieu thereof a new Code Section 47-5-20
to read as follows:
47-5-20. There is created a public corporation of this state to be
known as The Board of Trustees of the Joint Municipal Employees
Benefit System (JMEBS). Said corporation shall be the successor to
the Joint Municipal Employees Retirement System (JMERS) and it
is the intent of this chapter that all rights, duties, and obligations of
JMERS are assigned to and are assumed by the new system. The
creation of JMEBS shall not increase, diminish, grant, destroy,
impair, alter, or otherwise affect any pension, retirement benefit or
allowance, survivors benefit, membership or right to membership,
creditable service or right thereto, prior service or right thereto, or
any option, election, or right of any kind created pursuant to a
contract or ordinance or resolution with the Joint Municipal Employ-
ees Retirement System in existence on July 1, 1984. The JMEBS
Board shall have and be vested with, as a minimum, the same rights,
powers, duties, privileges, and authority of any board of a municipal
employee benefit program to which the JMEBS board serves as a
successor board.
Section 3. Said chapter is further amended by striking Code
Section 47-5-21, relating to membership on the board of trustees, in
its entirety and substituting in lieu thereof a new Code Section 47-5-
21 to read as follows:
47-5-21. (a) The board of trustees shall consist of 15 mem-
bers. To be eligible for membership on the board of trustees, a person
must be a citizen of this state. Members of the board of trustees shall
be eligible to succeed themselves but shall not serve more than three
consecutive full terms.
(b) Except for the term of the initial board, trustees shall be
employees or elected or appointed officers of a member employer.
Ten trustees shall be elected officers of a municipal corporation. Five
trustees shall be employees or appointed officers of a municipal
corporation. The initial trustees whose terms shall begin upon
appointment and end as follows shall be:
1046
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Mayor Hobby Stripling of Vienna, Georgia, for a term
ending June 30,1985;
(2) Mayor Ernest Whaley of Clarkston, Georgia, for a term
ending June 30,1985;
(3) Mayor Tracy Stallings of Carrollton, Georgia, for a term
ending June 30,1985;
(4) Mayor Willis Wombles of Wrightsville, Georgia, for a
term ending June 30,1985;
(5) City Administrator Robert Schwartz, Garden City,
Georgia, for a term ending June 30,1985;
(6) Councilman Clyde Kinnett of East Point, Georgia, for a
term ending June 30,1986;
(7) Mayor Cecil Evans of Tifton, Georgia, for a term ending
June 30,1986;
(8) Mayor J. I. Youngblood of Ashburn, Georgia, for a term
ending June 30,1986;
(9) City Manager Wilbur Avera of Thomaston, Georgia, for
a term ending June 30,1986;
(10) City Manager James Calvin of Toccoa, Georgia, for a
term ending June 30,1986;
(11) Mayor J. C. Woods of Trion, Georgia, for a term ending
June 30,1987;
(12) Mayor Robert Knox, Jr., of Thomson, Georgia, for a
term ending June 30,1987;
(13) Mayor Lillian Webb of Norcross, Georgia, for a term
ending June 30,1987;
(14) City Clerk Thomas McMinn of Warner Robins, Georgia,
for a term ending June 30,1987; and
GEORGIA LAWS 1984 SESSION
1047
(15) City Manager Alex Howell of Fair burn, Georgia, for a
term ending June 30,1987.
(c) As the initial terms for which appointments have been made
expire, future such members shall be chosen in accordance with the
bylaws of the board of trustees. Upon the expiration of the initial
terms of the trustees as provided in subsection (b) of this Code
section, should any of the trustees cease to be an employee or an
elected or appointed officer of a municipal corporation, the trustee
shall no longer be eligible to serve on the board of trustees, and the
position shall be deemed to be vacant. Vacancies shall be filled as
provided in the bylaws of the board of trustees.
Section 4. Said chapter is further amended by striking Code
Section 47-5-22, relating to officers of the board of trustees, in its
entirety and substituting in lieu thereof a new Code Section 47-5-22
to read as follows:
47-5-22. At its first meeting following July 1 in each year, the
board of trustees shall elect a chairman, secretary, treasurer, and such
other officers as provided in the bylaws of the board. The secretary
and the treasurer need not be members of the board; and such offices
may, in the discretion of the board of trustees, be combined in one
person. The secretary and the treasurer, whether or not members of
the board of trustees, may receive such compensation as may be fixed
by the board of trustees for the performance of their duties. The
treasurer shall give good and sufficient bond in such amount as is
required by the board of trustees, and the premium on such bond
shall be paid from the administrative funds of the board.
Section 5. Said chapter is further amended by striking Code
Section 47-5-23, relating to the powers of the board of trustees, in its
entirety and substituting in lieu thereof a new Code Section 47-5-23
to read as follows:
47-5-23. The board of trustees shall have the following specific
powers, together with such other powers as may be necessary or
incidental to such powers in effectuating the purposes of this chapter:
(1) To adopt bylaws governing its operations and proce-
dures;
1048
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) To contract with municipal corporations and other
public bodies of this state and private entities for the use or
furnishing of services and facilities necessary, useful, or incident
to providing retirement benefits, workers compensation benefits,
and employee benefits under this chapter;
(3) To determine the actuarial soundness of proposed con-
tracts for the provision of retirement benefits and employee
benefits under this chapter and to execute or reject such contracts;
(4) To provide for termination of trusteeship and transfer of
assets to successor trustees upon terms specified in the contract
for provision of retirement benefits and employee benefits;
(5) To contract with member employers to provide
employee benefits through the use of insurance companies, self-
funding, or other funding method as determined by the board;
(6) To employ legal counsel;
(7) To employ and contract with actuaries, auditors,
accountants, investment advisers, investment brokers, consult-
ants, medical personnel, and other agents and employees;
(8) To collect and disburse all funds due or payable under
this chapter;
(9) To adopt mortality tables and other actuarial assump-
tions to be used for funding purposes and administrative pur-
poses;
(10) To provide for and promulgate all the rules, regulations,
and forms that are deemed as necessary or desirable in contracting
with member employers, in fulfilling its purposes of providing
retirement benefits, workers compensation benefits, and
employee benefits, and in maintaining proper records and
accountings;
(11) To bring and defend actions, sue and be sued, and plead
and be impleaded;
(12) To expend funds for the purchase of fidelity and surety
bonds and liability insurance for the protection and indemnifica-
tion of trustees in the performance of their duties;
GEORGIA LAWS 1984 SESSION
1049
(13) To expend funds for the reasonable expenses of trustees
while engaged in the performance of their duties;
(14) To purchase insurance contracts on the lives of partici-
pating employees and pay all premiums thereon;
(15) To employ insurance companies to provide actuarial
advice;
(16) To employ insurance companies, banks, trust compa-
nies, and investment brokers as agents for the keeping of records
and the receipt and disbursement of funds held by or due the
trustees;
(17) To serve as trustees of a municipal workers compensa-
tion group self-insurance fund which is established by employers
as defined in paragraph (9) of Code Section 47-5-2 and which is
operated pursuant to Article 5 of Chapter 9 of Title 34 and rules
and regulations of the Georgia Insurance Department, notwith-
standing the definition contained in paragraph (11) of Code
Section 34-9-151;
(18) To accept gifts and donations of property of every
nature and use such property for the purposes of this chapter; and
(19) To adopt and alter a seal.
Section 6. Said chapter is further amended by striking Code
Section 47-5-24, relating to the investment of funds, in its entirety
and substituting in lieu thereof a new Code Section 47-5-24 to read as
follows:
47-5-24. (a) The board of trustees is authorized to invest and
reinvest funds held by it in any investments which are legal invest-
ments for domestic insurance companies under the laws of this state
or in any investments authorized for trustees of private retirement
plans by the Employees Retirement Income Security Act of 1974, as
amended. The board of trustees shall have the discretion to decide
the allocation of funds among such investments. The board of
trustees is further authorized to purchase, acquire, hold, lease, sell,
and convey real and personal property.
1050
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The board of trustees is authorized to place funds held by it
with banks or trust companies which have corporate trust powers and
to authorize any such bank or trust company to invest and reinvest
such funds for its account, subject to the investment restrictions of
subsection (a) of this Code section. The board of trustees shall
prescribe the powers and duties of such banks and trust companies in
accordance with this chapter. Funds of the board of trustees on
deposit with any one such bank or trust company shall not execute 25
percent of the combined capital and surplus of such bank or trust
company. Such bank or trust company shall give bond or pledge
sufficient federal or municipal securities to secure the deposits of the
board of trustees.
(c) The board of trustees is authorized to place funds held by it
with insurance companies authorized to do business in this state for
the purpose of investment at guaranteed or anticipated rates of
interest.
Section 7. Said chapter is further amended by striking Code
Section 47-5-26, relating to annual financial reports, in its entirety
and substituting in lieu thereof a new Code Section 47-5-26 to read as
follows:
47-5-26. The board of trustees shall file with each member
employer an annual written report showing pertinent transactions
affecting its respective retirement fund account, workers compensa-
tion fund account, or employee benefit fund account since the last
previous such report. Within 90 days of the receipt of such report, a
member employer may file written objections with the board of
trustees with respect to any transactions regarding its account as
shown in such report.
Section 8. Said chapter is further amended by striking Code
Section 47-5-28, relating to accounts for participating employees, in
its entirety and substituting in lieu thereof a new Code Section 47-5-
28 to read as follows:
47-5-28. (a) The board of trustees shall administer the retire-
ment fund and shall maintain records as follows:
(1) The board of trustees shall maintain individual accounts
for each participating employee, to which shall be credited the
dollar value of participation allocated to such employee under the
GEORGIA LAWS 1984 SESSION
1051
respective member employers retirement plan, and such other
accounts, if any, as may be reasonably required, in the discretion
of the board of trustees, for the convenient administration of the
plan;
(2) There shall be credited to the contribution account of
each member employer all contributions received by the board of
trustees from it or its participating employees and there shall be
charged against such account all payments made from it pursuant
to the terms of the retirement plan, together with any other
payment or expenses chargeable against that account;
(3) The interest of each member employer in any retirement
fund established under the system shall be represented by units
which shall constitute equal interest in any such fund; and
(4) The board of trustees may from time to time establish
new or additional retirement funds and may separate and place
new contributions in such funds instead of adding to existing
funds, provided that member employers continue to be repre-
sented by units which constitute equal interests in such funds.
(b) The board of trustees may establish a workers compensation
fund, employee benefit fund, and other funds necessary or incident to
the provision of workers compensation benefits and employee bene-
fits under this chapter.
(c) The retirement fund shall not be commingled with the
workers compensation fund, employee benefit fund, or other funds.
Section 9. Said chapter is further amended by striking Code
Section 47-5-29, relating to periodic determination of principal and
income of the retirement system, in its entirety and substituting in
lieu thereof a new Code Section 47-5-29 to read as follows:
47-5-29. (a) The board of trustees shall determine the princi-
pal and income of the retirement fund, workers compensation fund,
employee benefit fund, and other funds on periodic evaluation dates
established by the board of trustees, but at least once every 12
months. Income shall be determined by the board of trustees in
accordance with an established method which it may prescribe in its
bylaws and which conforms to acceptable accounting practices in use
by corporate trustees. Income shall be added to and become part of
1052
GENERAL ACTS AND RESOLUTIONS, VOL. I
the principal of the various funds on the periodic valuation dates
established under this Code section. The board of trustees shall
deduct from either principal or income, or both, such charges,
expenses, and liabilities as it determines in its discretion to be
chargeable against either.
(b) The principal value of each unit into which the funds are
divided shall be determined on each such periodic valuation date by
dividing the then principal value of the funds by the number of units
into which it is then divided.
Section 10. Said chapter is further amended by striking Code
Section 47-5-30, relating to periodic audit of accounts, in its entirety
and substituting in lieu thereof a new Code Section 47-5-30 to read as
follows:
47-5-30. (a) At least once every 12 months an audit shall be
made of the retirement fund, workers compensation fund, employee
benefit fund, and other funds by independent certified public accoun-
tants responsible only to and appointed by the board of trustees. The
compensation and reasonable expenses of any independent public
accountants may be charged to the funds and apportioned between
the principal and income as the board of trustees may deem proper.
(b) The auditors appointed shall audit the accounts of the board
of trustees and shall make a report of such audit, which report shall
include as list of the investments and other assets comprising the
various funds on the last day of the period covered by sucb audit and
shall show the valuation placed on each such investment and asset as
of that date. The report shall also include a statement of charges,
sales, and any other investment charges, and of all income and
disbursements since the last audit, and appropriate comments as to
any investment in default as to principal or interest. Promptly upon
receipt by the board of trustees of such report, the board of trustees
shall send notice to each employer to which a regular periodic
accounting would ordinarily be rendered that the report is available
and that a copy will be furnished upon request. Such audits shall be
included with the annual written report filed with each member
employer pursuant to Code Section 47-5-26.
(c) In auditing the accounts of the board of trustees, the auditors
shall be required to make only such examination of the accounts and
records as they deem reasonably necessary. The auditors shall incur
GEORGIA LAWS 1984 SESSION
1053
no liability for any act done or suffered by them in good faith in the
exercise of reasonable care.
(d) The auditors shall include in their report their unqualified
opinion on the presentation of the financial position and operations of
the fund. If such auditors are unable to express an unqualified
opinion, they shall so state and shall further detail reasons for their
qualification or disclaimer, including recommendations for improve-
ments.
Section 11. Said chapter is further amended by striking Article
3, relating to powers of political subdivisions to establish and imple-
ment retirement plans for their employees, in its entirety and substi-
tuting in lieu thereof a new Article 3 to read as follows:
ARTICLE 3
47-5-40. (a) (1) Each employer is empowered to establish a
plan or plans for the provision of retirement or employee benefits
for its employees. Such plans shall be enacted by ordinance of the
governing body of a municipal corporation or by a resolution of the
governing body of other employers. The ordinance or resolution
shall set forth the employees to be covered, the benefits to be
provided, and the conditions of the plan. Benefits under the plan
may include retirement and employee benefits. A plan for
employee benefits may provide for the method of funding such
benefits through the use of insurance, self-funding, or otherwise.
(2) Any contract between the board of trustees and a
member employer which provides a defined benefit plan shall
contain a provision that such defined benefits are to be provided,
to the extent fixed in such plan, by the employer and that the
board of trustees does not guarantee the defined amount.
(b) Each employer is further empowered to implement such plan
or plans by contract with the board of trustees in accordance with the
rules and regulations promulgated by the board of trustees. The
contract with the board of trustees shall be executed pursuant to the
ordinance or resolution which enacted the plan.
(c) Each employer is authorized to make reasonable classifica-
tions of employees in its plan and to provide for integration of its plan
with social security benefits and with other retirement or pension
1054
GENERAL ACTS AND RESOLUTIONS, VOL. I
plans under which certain classes of employees may be entitled to
benefits.
(d) Each employer is authorized to appropriate funds to provide
the benefits under such plan and to pay its respective portion of the
administrative costs of the board of trustees in administering the
system. Each employer is further authorized to pay the total contri-
bution on behalf of its employees or to provide that a portion, not to
exceed 50 percent of the contribution, be deducted from the salaries
of participating employees.
(e) Contributions paid by a municipal corporation shall be paid
from municipal funds which are on hand or which will be collected in
the year the contribution is made and shall not be deemed to create a
debt of the municipal corporation.
47-5-41. (a) (1) The board of trustees has the power to estab-
lish one or more master plans which may be adopted by any
employer that, upon the date that it agrees to join the plan, has
fewer than 16 employees who elect and are qualified for plan
participation. The employees to be covered, the retirement and
employee benefits to be provided, and the terms and conditions
for retirement benefits and other benefits shall be provided in the
master plan. A municipal corporation is empowered to adopt such
a plan by ordinance and to execute an agreement with the board of
trustees to provide retirement and employee benefits as provided
in the plan and to designate a board of trustees of the plan. Other
employers shall have the power to adopt such plans by resolution
of its governing body and to execute such agreements. The agree-
ment, plan, and trust entered into by each member employer shall
constitute a separate plan and trust and should be considered as
such by the board of trustees. A master plan providing employee
benefits may provide for the method of funding such benefits
through the use of insurance, self-funding, or otherwise.
(2) Any agreement between the board of trustees and a
member employer which provides a defined benefit plan shall
contain a provision that such defined benefits are to be provided,
to the extent fixed in the master plan, by the member employer
and that the board of trustees does not guarantee the fixed
amount.
GEORGIA LAWS 1984 SESSION
1055
(b) The board of trustees is empowered to implement such plan
by separate agreement with each employer which has adopted such
plan by ordinance or resolution, in accordance with this chapter and
with the rules and regulations promulgated by the board of trustees.
Execution of an agreement between an employer and the board of
trustees shall constitute a contract binding on both parties to provide
benefits according to the plan and the terms set forth in the agree-
ment.
(c) The board of trustees is authorized to specify in the master
plan reasonable employee classifications and to provide, where appro-
priate, for integration of the benefits provided in the master plan with
social security benefits and with other retirement or pension plans
under which certain classes of employees may be entitled to benefits.
The board of trustees shall incorporate into the master plan the
provisions authorized in Code Sections 47-5-42,47-5-43, and 47-5-44,
relative to the selection of various plan features.
(d) Employers are authorized to appropriate funds to provide
the benefits specified in such master plan and to pay their portion of
the administrative costs of the board of trustees in administering the
system. Each employer is authorized to pay the total contribution on
behalf of its employees or to provide that a portion, not to exceed 50
percent of such contribution, be deducted from the salaries of partici-
pating employees.
(e) Contributions paid by a municipal corporation shall be paid
from municipal funds which are on hand or which will be collected in
the year the contribution is made and shall not be deemed to create a
debt of the municipal corporation.
47-5-42. (a) Each member employer that has adopted a plan
for the provision of retirement benefits or employee benefits under
Code Section 47-5-40 is authorized in its plan and contract to include
such provisions as are necessary for the development of a suitable
plan, which provisions shall be subject to the approval of the board of
trustees, including, but not limited to, the following:
(1) Minimum age at entry into its plan;
(2) Minimum years of service at entry into its plan;
1056
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Maximum years of service credit allowable;
(4) Provisions relating to separation and return to employ-
ment;
(5) Types of benefits to be provided;
(6) Types of vesting provisions, if any, to be provided;
(7) Types of disability retirement provisions, if any, to be
provided;
(8) Minimum years of required participation in the plan;
and
(9) Any other provisions necessary, incidental, or helpful in
providing the intended benefits.
(b) The board of trustees is authorized to reject any contract
provision which it determines to be actuarially unsound or which it
determines would create an undue administrative burden.
47-5-43. Each member employer may provide in its plan for early
and normal retirement ages. A member employer may defer the
retirement of an employee who has reached normal retirement age.
47-5-44. Each member employer that has adopted a plan provid-
ing retirement benefits under Code Section 47-5-40 is authorized in
its plan and contract to determine what credit, if any, shall be allowed
for prior service. The financial liability incurred by the member
employer for any such prior service credits allowed shall be actuar-
ially determined and incorporated in the contract, which shall set
forth the manner in which such liability shall be defrayed by the
member employer.
47-5-45. The board of trustees may provide rules under which
contracts with member employers may provide for uninterrupted
participation by a participating employee who transfers his employ-
ment from one member municipality to another.
47-5-46. Member employers which provide retirement benefits
under a local or special Act may contract with the board of trustees
for transfer of credits to this retirement system and continuation of
GEORGIA LAWS 1984 SESSION
1057
accrued benefits to their employees under terms which may be
provided by amendment to such local or special Act and which are not
inconsistent with this chapter or rules or regulations adopted pursu-
ant to this chapter. Otherwise, this chapter is not intended to affect
existing retirement or pension systems established by local or special
Act or to preclude the establishment of individual employer retire-
ment systems by future local or special Acts.
47-5-47. Plans providing for retirement benefits established
under this chapter shall provide that mandatory contributions made
by a participating employee shall be returned to such employee or his
estate in the event of death before retirement. If the employee is
separated from employment prior to the time he is eligible for
retirement benefits, such contributions shall be returned unless the
employee chooses to claim his vested benefits, in which case the
employee contributions shall remain with the fund until such time as
the employee becomes eligible for the vested benefits. Such contribu-
tions may be returned without interest or with such interest as is
provided in the plan.
Section 12. Said chapter is further amended by adding at the
end thereof a new Code Section 47-5-72 to read as follows:
47-5-72. Except as otherwise specified herein, the provision of
retirement benefits and employee benefits pursuant to this chapter
shall not be subject to regulation under Title 33 of this Code.
Section 13. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1984.
1058
GENERAL ACTS AND RESOLUTIONS, VOL. I
AD VALOREM TAXATION OF PROPERTY
CERTAIN EXEMPTIONS CONTINUED.
Code Title 48, Chapter 5 Amended.
No. 1220 (House Bill No. 1169).
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxes, so as to provide for certain
changes carried out by the Constitution of the State of Georgia
ratified in 1982; to provide for continuation of the exemptions from
ad valorem taxation in effect on June 30,1983, for certain harvested
agricultural products, the homesteads of certain persons 65 years of
age or over, the homesteads of certain disabled veterans and their
families, certain tangible personal property consisting of inventory of
goods, and vehicles of certain disabled veterans; to authorize the
continuation and modification of certain local exemptions from taxa-
tion and provide for procedures in connection therewith; 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 5 of Title 48 of the Official Code of Georgia
Annotated, relating to ad valorem taxes, is amended by striking
paragraph (10) of subsection (a) of Code Section 48-5-41, relating to
exemptions from ad valorem taxation, and inserting in its place a new
paragraph (10) to read as follows:
(10) All farm products grown in this state and remaining in the
hands of the producer during the one year beginning immediately
after their production and harvested agricultural products which
have a planting-to-harvest cycle of 12 months or less, which are
customarily cured or aged for a period in excess of one year after
harvesting and before manufacturing, and which are held in this state
for manufacturing and processing purposes;.
Section 2. Said chapter is further amended by striking Code
Section 48-5-47, relating to applications for homestead exemptions by
GEORGIA LAWS 1984 SESSION
1059
certain individuals 65 years of age or over, and inserting in its place a
new Code section to read as follows:
48-5-47. (a) Article VII, Section II, Paragraph IV of the Con-
stitution of the State of Georgia ratified in 1982 continues in effect as
statutory law, until otherwise provided for by law, those types of
exemptions from ad valorem taxation in effect on June 30,1983. One
such exemption is the homestead exemption granted to certain
individuals 65 years of age or over by the seventh unnumbered
subparagraph of Article VII, Section I, Paragraph IV of the Constitu-
tion which reads as follows:
Each person who is sixty-five (65) years of age or over is
hereby granted an exemption from all State and county ad valo-
rem taxes in the amount of $4,'000.00 on a homestead owned and
occupied by him as a residence if his net income, together with the
net income of his spouse who also occupies and resides at such
homestead, as net income is defined by Georgia law, from all
sources, except as hereinafter provided, does not exceed $8,000.00
for the immediately preceding taxable year for income tax pur-
poses. For the purposes of this paragraph, net income shall not
include income received as retirement, survivor or disability bene-
fits under the Federal Social Security Act or under any other
public or private retirement, disability or pension system, except
such income which is in excess of the maximum amount autho-
rized to be paid to an individual and his spouse under the Federal
Social Security Act, and income from such sources in excess of
such maximum amount shall be included as net income for the
purposes of this paragraph. The value of the residence in excess of
the above exempted amount shall remain subject to taxation. Any
such owner shall not receive the benefits of such homestead
exemption unless he, or through his agent, files an affidavit with
the tax commissioner or tax receiver of the county in which he
resides, giving his age and the amount of income which he and his
spouse received during the last taxable year for income tax pur-
poses, and such additional information relative to receiving the
benefits of such exemption as will enable the tax commissioner or
tax receiver to make a determination as to whether such owner is
entitled to such exemption. The tax commissioner or tax receiver
shall provide affidavit forms for this purpose. Such applications
shall be processed in the same manner as other applications for
homestead exemption, and the provisions of law applicable to the
processing of homestead exemptions, as the same now exists or
1060
GENERAL ACTS AND RESOLUTIONS, VOL. I
may hereafter be amended, shall apply thereto. Provided, that
after any such owner has filed the proper affidavit, as provided
above, and has been allowed the exemption provided herein, it
shall not be necessary that he make application and file the said
affidavit thereafter for any year and the said exemption shall
continue to be allowed to such owner. It shall be the duty of any
such owner, however, to notify the tax commissioner or tax
receiver in the event he becomes ineligible for any reason for the
exemption provided in this paragraph. The General Assembly
may provide by law for the proper administration of this exemp-
tion including penalties necessary therefor. The increased exemp-
tion provided for herein shall apply to all taxable years beginning
after December 31,1980.
Said provisions of the Constitution of 1976 shall continue in effect
as statutory law until otherwise provided for by law.
(b) The application for the homestead exemption of individuals
65 years of age or older provided for by subsection (a) of this Code
section shall be in the form prescribed by the commissioner. The
application shall require the applicants social security number. The
tax commissioner or tax receiver shall be authorized to have the
statement of income of any claimant verified by the department upon
sending the social security number of a claimant to the department.
Section 3. Said chapter is further amended by adding at the end
of Code Section 48-5-48, relating to homestead exemptions for disa-
bled veterans and their families, a new subsection (d) to read as
follows:
(d) Article VII, Section II, Paragraph IV of the Constitution of
the State of Georgia ratified in 1982 continues in effect as statutory
law, until otherwise provided for by law, those types of exemptions
from ad valorem taxation in effect on June 30, 1983. One such
exemption is the homestead exemption granted, subject to the other
provisions of this Code section, to disabled veterans and their surviv-
ing spouses and minor children by the sixth unnumbered subpara-
graph of Article VII, Section I, Paragraph IV of the Constitution of
1976 which reads as follows:
Each disabled veteran, as hereinafter defined, who is a
citizen and resident of Georgia, is hereby granted an exemption of
$25,000.00 on his homestead, which he owns and which he actually
GEORGIA LAWS 1984 SESSION
1061
occupies as a residence and homestead, such exemption being
from all ad valorem taxation for State, county, municipal and
school purposes. The value of all property in excess of the above
exempted amount shall remain subject to taxation. The term
disabled veteran, as used herein, means a disabled American
veteran of any war or armed conflict in which any branch of the
armed forces of the United States engaged, whether under United
States command or otherwise, and who is disabled due to loss, or
loss of use, of both lower extremities, such as to preclude locomo-
tion without the aid of braces, crutches, canes, or a wheelchair, or
blindness in both eyes, having only light perception, plus loss, or
loss of use, of one lower extremity, or due to the loss, or loss of use,
of one lower extremity together with residuals of organic disease or
injury which so affect the functions of balance or propulsion as to
preclude locomotion without' resort to a wheelchair. The
unremarried widow or minor children of any such disabled vet-
eran, as defined herein, shall also be entitled to an exemption of
$25,000.00 on the homestead so long as the unremarried widow or
minor children continue to actually occupy the home as a resi-
dence and homestead, such exemption being from all ad valorem
taxation for State, county, municipal and school purposes. The
value of all property in excess of the exemption granted herein to
the veteran, his unremarried widow or minor children shall remain
subject to taxation. The State Revenue Commissioner is hereby
authorized and directed to notify each tax collector, tax receiver
and tax commissioner in this State in the event this amendment to
the Constitution is ratified by the electorate. The exemption
provided for herein shall apply to all taxable years beginning after
December 31,1978.
Said provisions of the Constitution of 1976 shall continue in effect
as statutory law until otherwise provided for by law.
Section 4. Said chapter is further amended by adding a new
Code Section 48-5-48.2 to read as follows:
48-5-48.2. Article VII, Section II, Paragraph III (a) of the
Constitution of the State of Georgia ratified in 1982 continues in
effect the exemption for certain tangible personal property, com-
monly known as the freeport exemption, formerly granted by the
Constitution of 1976. Said Article VII, Section II, Paragraph III (a) of
the Constitution ratified in 1982 provides that until otherwise pro-
vided by law such exemption shall be subject to the same conditions,
1062
GENERAL ACTS AND RESOLUTIONS, VOL. I
limitations, definitions, and procedures provided for by the following
provisions of the Constitution of 1976:
The governing authority of any county or municipality may,
subject to the approval of the electors of such political subdivision,
exempt from ad valorem taxation, including all such taxes levied
for educational purposes and for State purposes, all or any combi-
nation of the following types of tangible personal property:
(1) Inventory of goods in the process of manufac-
ture or production which shall include all partly finished
goods and raw materials held for direct use or consump-
tion in the ordinary course of the taxpayers manufac-
turing or production business in the State of Georgia.
The exemption provided for herein shall apply only to
tangible personal property which is substantially modi-
fied, altered or changed in the ordinary course of the
taxpayers manufacturing, processing or production
operations in this State.
(2) Inventory of finished goods manufactured or
produced within the State of Georgia in the ordinary
course of the taxpayers manufacturing or production
business when held by the original manufacturer or
producer of such finished goods. The exemption pro-
vided for herein shall be for a period not exceeding twelve
(12) months from the date such property is produced or
manufactured.
(3) Inventory of finished goods which, on the first
day of January, are stored in a warehouse, dock or wharf,
whether public or private, and which are destined for
shipment to a final destination outside the State of
Georgia and inventory of finished goods which are
shipped into the State of Georgia from outside this State
and stored for transshipment to a final destination out-
side this State. The exemption provided for herein shall
be for a period not exceeding twelve (12) months from the
date such property is stored in this State. All property
that is claimed to be exempt under the provisions of this
subsection shall be designated as being in transit upon
the official books and records of the warehouse, dock, or
wharf, whether public or private, where such property is
GEORGIA LAWS 1984 SESSION
1063
being stored. Such official books and records shall
contain a full, true, and accurate inventory of all such
property, including the date of the receipt of the prop-
erty, the date of the withdrawal of the property, the point
of origin of the property, and the point of final destina-
tion of the same, if known. The official books and records
of any such warehouse, dock, or wharf, whether public or
private, pertaining to any such in transit property,
shall be at all times open to the inspection of all taxing
authorities of this State and of any political subdivision
of this State.
As used in this Paragraph, the following words, terms and
phrases are defined as follows:
(a) Finished Goods shall mean goods, wares, and
merchandise of every character and kind, but shall not
include unrecovered, unextracted, or unsevered natural
resources, or raw materials, or goods in the process of manu-
facture or production, or the stock-in-trade of a retailer.
(b) Raw Materials shall mean any material whether
crude or processed that can be converted by manufacture,
processing, or combination into a new and useful product, but
shall not include unrecovered, unextracted, or unsevered
natural resources.
Whenever the governing authority of any county or munici-
pality wishes to exempt such tangible property from ad valorem
taxation, as provided herein, the governing authority thereof shall
notify the election superintendent of such political subdivision,
and it shall be the duty of said election superintendent to issue the
call for an election for the purpose of submitting to the electors of
the political subdivision the question of whether such exemption
shall be granted. The referendum ballot shall specify as separate
questions the type or types of property as defined herein which are
being proposed to be exempted from taxation. The election
superintendent shall set the date of such election for a day not less
than 30 nor more than 45 days after the date of the issuance of the
call.
The governing authority of any county or municipality
wherein an exemption has been approved by the voters as pro-
1064
GENERAL ACTS AND RESOLUTIONS, VOL. I
vided herein may, by appropriate resolution, a copy of which shall
be immediately transmitted to the State Revenue Commissioner,
exempt from taxation 20%, 40%, 60%, 80% or all of the value of
such tangible personal property as defined herein. Provided,
however, that once an exemption has been granted, no reduction
in the percent of the value of such property to be exempted may be
made until and unless such exemption is revoked or repealed as
provided herein. An increase in the percent of the value of the
property to be exempted may be accomplished by appropriate
resolution of the governing authority of such county or municipal-
ity, and a copy thereof shall be immediately transmitted to the
State Revenue Commissioner; provided, that such increase shall
be in increments of 20%, 40%, 60%, or 80% of the value of such
tangible personal property as defined herein, within the discretion
of such governing authority.
If more than one-half of the votes cast on such question are in
favor of such exemption, then such exemption may be granted by
the governing authority commencing with the next ensuing calen-
dar year, otherwise such exemption may not be granted. Exemp-
tions may only be revoked by a referendum election called and
conducted as provided herein; provided, that the call for such
referendum shall not be issued within five years from the date
such exemptions were first granted and, if the results of said
election are in favor of the revocation of such exemptions, then
such revocation shall be effective only at the end of a five-year
period from the date of such referendum.
Said provisions of the Constitution of 1976 shall continue in effect
as statutory law until otherwise provided for by law.
Section 5. Said chapter is further amended by striking subsec-
tion (a) of Code Section 48-5-50.1, relating to procedure for returning
and claiming local homestead exemptions, and inserting in its place a
new subsection to read as follows:
(a) This Code section shall govern the procedure for returning
and claiming homestead exemptions which are created by or pursuant
to local laws or constitutional amendments which were not general
amendments. If, however, such a constitutional amendment or local
law contains provisions which are in conflict with this Code section,
then such other provisions shall prevail over this Code section.
GEORGIA LAWS 1984 SESSION
1065
Section 6. Said chapter is further amended by adding a new
Code Section 48-5-54 to read as follows:
48-5-54. The exemptions granted to the homestead pursuant to
this part shall extend to and shall apply to those properties the legal
title to which is vested in one or more titleholders if actually occupied
by one or more of such owners as a residence. In such instances, such
exemptions shall be granted to such properties if claimed in the
manner provided by law by one or more of the owners actually
residing on such property. Such exemptions shall also extend to those
homesteads the title to which is vested in an administrator, executor,
or trustee if one or more of the heirs or cestui que uses residing on
such property claims the exemption in the manner provided by law.
The provisions of this Code section shall also apply to exemptions
granted to the homestead by any local law adopted after the effective
date of this Code section unless the local law expressly provides to the
contrary.
Section 7. Said chapter is further amended by adding a new
Code Section 48-5-55 to read as follows:
48-5-55. (a) Exemptions from ad valorem taxation granted by
or pursuant to constitutional amendments other than general consti-
tutional amendments of state-wide application, which exemptions
were in effect on June 30, 1983, are continued in effect as statutory
law until otherwise provided for by law.
(b) The provisions of this part shall not prohibit any otherwise
lawful local Act from granting exemptions from ad valorem taxes
other than state ad valorem taxes, which exemptions are in addition
to or in place of the exemptions granted pursuant to this part.
Section 8. Said chapter is further amended by adding a new
Code Section 48-5-478 to read as follows:
48-5-478. Article VII, Section VII, Paragraph IV of the Constitu-
tion of the State of Georgia ratified in 1982 continues in effect as
statutory law, until otherwise provided for by law, those types of
exemptions from ad valorem taxation in effect on June 30,1983. One
such exemption is the exemption granted to certain disabled veterans
for their vehicles by the thirteenth unnumbered subparagraph of
Article VII, Section I, Paragraph IV of the Constitution of 1976 which
reads as follows:
1066
GENERAL ACTS AND RESOLUTIONS, VOL. I
Any disabled veteran who is a citizen and resident of Georgia
is hereby granted an exemption from all ad valorem taxes for
State, county, municipal and school purposes on the vehicle he
owns and on which he actually places the free HV motor vehicle
license tag he receives from the State of Georgia. The term
disabled veteran, as used herein, means any wartime veteran
who was discharged under honorable conditions and who has been
adjudicated by the Veterans Administration of the United States
as being 100 percent totally and permanently disabled and enti-
tled to receive service-connected benefits and any veteran who is
receiving or who is entitled to receive a statutory award from the
Veterans Administration for:
(1) Loss or permanent loss of use of one or both
feet;
(2) Loss or permanent loss of use of one or both
hands;
(3) Loss of sight in one or both eyes;
(4) Permanent impairment of vision of both eyes of
the following status: Central visual acuity of 20/200 or
less in the better eye, with corrective glasses, or central
visual acuity of more than 20/200 if there is a field defect
in which the peripheral field has contracted to such an
extent that the widest diameter of visual field subtends
on angular distance no greater than twenty degrees in the
better eye.
Said provisions of the Constitution of 1976 shall continue in effect
as statutory law until otherwise provided for by law.
Section 9. In the event of any conflict between this Act and any
other Act of the 1984 General Assembly the provisions of such other
Act shall control over the provisions of this Act.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
1067
PHYSICIANS AND OSTEOPATHS METHODS OF
EVALUATION, ETC., OF MEDICAL AND
OSTEOPATHIC COLLEGES LICENSING OF
CERTAIN GRADUATES.
Code Title 43, Chapter 34 Amended.
No. 1221 (House Bill No. 1181).
AN ACT
To amend Chapter 34 of Title 43 of the Official Code of Georgia
Annotated, relating to physicians and osteopaths, so as to provide for
methods of evaluation, inspection, and approval for medical and
osteopathic colleges; to provide for licensing of certain medical school
graduates; to provide for internship or residency training program
requirements for graduates from medical and osteopathic colleges; to
provide for internship or residency training requirements for candi-
dates for reciprocity; to repeal conflicting laws; and for other pur-
poses.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 34 of Title 43 of the Official Code of Georgia
Annotated, relating to physicians and osteopaths, is amended by
striking in its entirety subsection (a) of Code Section 43-34-27,
relating to license requirements for persons engaged in practice of
medicine, and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) (1) (A) Any person who wishes to obtain the right to
practice medicine in this state and who was not, prior to
March 16, 1970, registered or licensed to practice medicine,
either by the State Board of Medical Examiners or the State
Board of Examiners in Osteopathy, shall, before it shall be
lawful for him to practice medicine in this state, make appli-
cation to the board through the joint-secretary, upon such
forms and in such manner as shall be adopted and prescribed
by the board, and shall obtain from the board a license to
practice medicine. Any person who practices medicine with-
out first having obtained a license shall be deemed to have
violated this chapter. All applicants for a license to practice
1068
GENERAL ACTS AND RESOLUTIONS, VOL. I
medicine or for a renewal of any such license which has been
revoked shall furnish the board with evidence of good moral
character. Applications from candidates to practice medicine
or surgery in any of its branches shall be accompanied by
proof that the applicant is a graduate of one of the two
colleges of medicine now existing in this state, or from some
other legally incorporated medical college or osteopathic
college.
(B) The board by rule or regulation may establish
standards and procedures for evaluating, inspecting, and
approving any medical or osteopathic college not already
approved by it on or before March 16, 1970. The evaluation
procedure may include consideration of reports from any
outside agency having expertise in medical or osteopathic
college evaluation; provided, however, that the board shall
make the final decision on approval of medical and osteo-
pathic colleges. Nothing contained in this Code section shall
prevent the approval of medical schools outside of the United
States or the licensing of graduates of medical schools outside
of the United States if such schools and their graduates
comply with the standards established in this Code section
and by rule of the board.
(2) Graduates of board approved medical or osteopathic
colleges and persons who are graduated on or before July 1,1985,
from medical or osteopathic colleges which are not approved by
the board must complete one year of a board approved internship
or residency training program to be eligible to stand any regular
examination given by the board for a license to practice medicine
in this state. Persons who are graduated after July 1, 1985, from
medical or osteopathic colleges which are not approved by the
board must complete three years of a board approved internship
or residency training program to be eligible to stand any regular
examination given by the board for a license to practice medicine
in this state. However, before any 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 qualifica-
tions 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 examina-
tion given by the board for a license to practice medicine in this
state to stand another examination.
GEORGIA LAWS 1984 SESSION
1069
(3) If the applicant submits proof that he has had training
as an intern or resident as required in paragraph (2) of subsection
(a) of this Code section and if he furnishes satisfactory evidence of
attainments and qualifications under this chapter and the rules
and regulations of the board, he shall be eligible to receive a
license from the board giving him absolute authority to practice
medicine in this state, provided that the board shall, before
approving any internship program not already approved by it on
or before March 16, 1970, evaluate or inspect such internship
program and determine that such internship program meets the
standards of programs approved by the board on or before March
16,1970.
(4) If the date of graduation from an institution mentioned
in subparagraph (B) of paragraph (1) of this subsection is on or
before January 1, 1967, no proof of internship in an approved
hospital need be submitted to obtain a license from the board.
Section 2. Said chapter is further amended by striking in its
entirety paragraph (3) of Code Section 43-34-29, relating to waiver of
examination for persons licensed by other states, and inserting in lieu
thereof a new paragraph (3) to read as follows:
(3) If the date of the license from the board of such other state
is after April 18, 1967, the applicant shall submit proof that he has
had the same training as is required for applicants for examination in
paragraph (2) of subsection (a) of Code Section 43-34-27, in which
event the board shall grant the applicant a license from the board
giving the applicant absolute authority to practice medicine in this
state, provided that if the date of completion of such internship
program occurred prior to July 1,1963, the board shall not grant such
license by reciprocity, except as allowed pursuant to the final proviso
of this paragraph, unless the internship program was approved by the
board as of the date of completion of such internship program by the
applicant; and provided, further, that the board may, in its discretion,
waive the requirements of this paragraph after determining that an
applicant licensed to practice medicine in another state which does
not require an internship or residency has been actively engaged in
the practice of medicine in such other state for at least two years.
1070
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
DISTINCTIVE DRIVERS LICENSES FOR MINORS
AMOUNT OF RESTORATION FEE CHANGED.
Code Section 40-5-26 Amended.
No. 1222 (House Bill No. 1199).
AN ACT
To amend Code Section 40-5-26 of the Official Code of Georgia
Annotated, relating to distinctive drivers licenses for minors and the
conditional nature of distinctive licenses, so as to change the amount
of restoration fee necessary for the reinstatement of a distinctive
conditional drivers license after suspension; to 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 40-5-26 of the Official Code of Georgia
Annotated, relating to distinctive drivers licenses for minors and the
conditional nature of distinctive licenses, is amended by striking
subsection (d) in its entirety and inserting in lieu thereof a new
subsection (d) to read as follows:
(d) Upon receiving a record of the holder of a distinctive
conditional license being convicted for an offense specified in subsec-
tion (c) of this Code section, the department shall suspend the
distinctive conditional license for one year when the conviction is for
a first offense. However, after a minimum of 60 days has expired
following the surrender of the license under subsection (f) of this
Code section, upon application being made to the department and
GEORGIA LAWS 1984 SESSION
1071
upon the submission of proof to the department that the person
whose license is suspended has completed an approved defensive
driving course or an approved basic alcohol or drug course if the
offense was driving under the influence of alcohol or drugs and upon
the payment of restoration fee of $25.00, the department may rein-
state the distinctive conditional drivers 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 29,1984.
GENERAL ASSEMBLY COMPOSITION OF
CERTAIN REPRESENTATIVE DISTRICTS CHANGED.
Code Section 28-2-1 Amended.
No. 1223 (House Bill No. 1211).
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. 144 and 145 and inserting in lieu thereof the
following new descriptions of said districts:
1072
GENERAL ACTS AND RESOLUTIONS, VOL. I
District No. 144 - 1 Representative
Colquitt
Tract 9903
That part of Block 305 which lies west of
the Ochlocknee River
Blocks 306 through 316
That part of Block 317 within the City
of Doerun
That part of Block 317 outside the City
of Doerun which lies west of the
Ochlocknee River
Those parts of Blocks 326 and 331 which lie
west of the Ochlocknee River
Block 334
Block Group 4
That part of Block 501 which lies west of the
Ochlocknee River
Blocks 502 through 531
That part of Block 601 outside the
City of Moultrie
Blocks 609 through 639
Block Group 7
Tract 9904
Blocks 307 through 329
That part of Block 330 outside the
City of Moultrie
Blocks 331 through 334, 399, 401 through
406, 501 through 514, 601 through 610, and
612 through 624
Mitchell
Thomas
Tract 9902
Blocks 105 through 175 and 184 through 197
District No. 145 - 1 Representative
Colquitt
Tracts 9901 and 9902
Tract 9903
Block Groups 1 and 2
Blocks 302 through 304
That part of Block 305 which lies east of
the Ochlocknee River
GEORGIA LAWS 1984 SESSION
1073
That part of Block 317 outside the City
of Doerun which lies east of the
Ochlocknee River
Blocks 318 through 325
That part of Block 326 which lies east of
the Ochlocknee River
Blocks 327 through 330
That part of Block 331 which lies east of
the Ochlocknee River
Blocks 332 and 333
That part of Block 501 which lies east of
the Ochlocknee River
That part of Block 601 within the
City of Moultrie
Blocks 602 and 605 through 608
Tract 9904
Block Groups 1 and 2
Blocks 301 through 306
Tracts 9905 and 9906
Section 2. 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 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
1074
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA SAFE DRINKING WATER ACT OF 1977
AMENDED BONDS, ETC., FOR CERTAIN PUBLIC
WATER SYSTEMS.
Code Section 12-5-179 Amended.
No. 1224 (House Bill No. 1346).
AN ACT
To amend Code Section 12-5-179 of the Official Code of Georgia
Annotated, relating to permits for operation of water systems under
the Georgia Safe Drinking Water Act of 1977, so as to provide
conditions under which the director of the Environmental Protection
Division may require a performance bond or irrevocable letter of
credit for certain public water systems; to provide for other matters
relative thereto; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 12-5-179 of the Official Code of Georgia
Annotated, relating to permits for operation of water systems under
the Georgia Safe Drinking Water Act of 1977, is amended by adding
at the end thereof a new subsection (g) to read as follows:
(g) (1) A performance bond or letter of credit may be required
by the director to further assist in the assurance that a public
water system serving year-round residents maintains compliance
with the established contaminant levels and the provision of an
adequate supply of water at or above the required minimum
pressure. Such a performance bond or letter of credit shall be
required of the owner or operator of any public water system
serving year-round residents if:
(A) After the first violation of contaminant or water
supply standards or requirements, the owner or operator of
the public water system fails to make the necessary correc-
tions after receiving a notice from the director specifying:
GEORGIA LAWS 1984 SESSION
1075
(i) The corrections which must be made; and
(ii) A reasonable period of time for the completion
of necessary corrective action; or
(B) After a second violation of contaminant or water
supply standards or requirements, the director makes a deter-
mination, based on factors such as past performance, fre-
quency and severity of violations, and timeliness of corrective
action, that a performance bond or letter of credit is required.
(2) Any owner or operator of a public water system serving
year-round residents who is required to obtain a performance
bond or letter of credit pursuant to paragraph (1) of this subsec-
tion shall file with the director the following:
(A) A performance bond, payable to the director and
issued by an insurance company authorized to issue such
bonds in this state; or
(B) An irrevocable letter of credit, issued in favor of
and payable to the director, from a commercial bank or other
financial institution approved by the director.
(3) The bond or letter of credit required in paragraph (2) of
this subsection shall be:
(A) Conditioned upon faithful compliance with this
part, the regulations promulgated thereto, and the conditions
and terms of the permit issued for the operation of the public
water system;
(B) In such amount as determined by the director as
necessary to ensure the continued lawful operation of the
public water system for a period up to ten years in the event
the owner or operator fails to do so; provided, however, the
range shall be as follows:
(i) Systems with 25 service connections or less
an amount not to exceed $30,000.00;
(ii) Systems with 26 to 50 service connections
an amount not to exceed $40,000.00; or
1076
GENERAL ACTS AND RESOLUTIONS, VOL. I
(iii) Systems with more than 50 service connec-
tions an amount not to exceed $50,000.00;
(C) Subject to termination or expiration only upon 120
days written notice to the director; and
(D) Conditioned upon coverage for any violation occur-
ring during the term of the bond or letter of credit of which
written notice has been given to the owner or operator prior to
120 days after said term even though the initial or final
determination of the violation occurs after the term of the
bond or letter of credit.
(4) If an existing bond or letter of credit is to expire or
terminate, the owner or operator of the public water system shall
file a replacement bond or letter of credit meeting the require-
ments of this subsection at least 60 days prior to the termination
or expiration of the existing bond or letter of credit.
(5) Upon a determination by the director that an owner or
operator has violated this part, the regulations promulgated
thereunder, or the terms or conditions of a permit, the director
may, after written notice of the violation to the owner or operator:
(A) Forfeit or draw that amount of such bond or letter
of credit that the director determines necessary to correct the
violations determined and continue the lawful operation of
the public water system; and
(B) Expend such amount for such purposes.
(6) No action taken by the director pursuant to this subsec-
tion, including the forfeiture of a bond or the drawing of funds
from a letter of credit, shall relieve the owner or operator of a
public water system from compliance with all provisions of this
part, including the requirement to maintain in full force and effect
a bond or letter of credit meeting the requirements of this subsec-
tion.
(7) Every permit issued under this part shall be conditioned
upon compliance with this subsection.
GEORGIA LAWS 1984 SESSION
1077
(8) The provisions of this subsection shall not apply to:
(A) Any public water system of the state, an agency of
the state, a county, a municipality, or of any other political
subdivision or governmental entity;
(B) Any water system owned by a church or other
religious institution;
(C) Any water system owned or provided by an
employer and used primarily to serve employees; and
(D) Any water system which is jointly owned by private
individuals who are the users of the water supplied by the
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.
Approved March 29,1984.
STATE GOVERNMENT INTERAGENCY MOTOR
POOLS RULES GOVERNING MAINTENANCE,
REPAIR, ETC. OF MOTOR VEHICLES CHANGED.
Code Section 50-19-1 Amended.
No. 1225 (House Bill No. 451).
AN ACT
To amend Code Section 50-19-1 of the Official Code of Georgia
Annotated, relating to the establishment and operation of inter-
1078
GENERAL ACTS AND RESOLUTIONS, VOL. I
agency motor pools by the Department of Administrative Services, so
as to change the provisions relative to rules governing the mainte-
nance, repair, and service of motor vehicles; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 50-19-1 of the Official Code of Georgia
Annotated, relating to the establishment and operation of inter-
agency motor pools by the Department of Administrative Services, is
amended by striking paragraph (3) of subsection (b) of said Code
section in its entirety and inserting in lieu thereof a new paragraph (3)
to read as follows:
(3) To provide rules and regulations, including a system of
billings for motor vehicle service (including the provision of fuel),
maintenance, and repair costs, governing the maintenance, repair,
service, and sale of fuel for motor vehicles which are:
(A) Owned by any department, institution, board, bureau,
or agency of the state;
(B) Owned by any other governmental entity; or
(C) Purchased with state grant funds for use under contract
to any department, institution, board, bureau, or agency of the
state in order to allow said department, institution, board, bureau,
or agency to carry out its duties;.
Section 2. Said Code section is further amended by striking the
period at the end of paragraph (4) of subsection (b) of said Code
section and inserting in lieu thereof ; and and by adding at the end
of subsection (b) a new paragraph (5) to read as follows:
(5) To promulgate rules and regulations authorizing and gov-
erning the rental of interagency motor pool vehicles by officials,
officers, and employees of local political subdivisions of the state
when, in the sole discretion of the commissioner of administrative
services, it is in the best interests of the state to allow such rentals.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1984 SESSION
1079
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
LANDLORD AND TENANT POLITICAL
SUBDIVISIONS OF STATE PROHIBITED FROM
ENFORCING RENT CONTROL ORDINANCES.
Code Section 44-7-19 Enacted.
No. 1226 (House Bill No. 594).
AN ACT
To amend Article 1 of Chapter 7 of Title 44 of the Official Code of
Georgia Annotated, relating to general provisions regarding landlord
and tenant, so as to provide for the preemption by the state of the
power to control the amount of rent to be charged for single-family or
multiple-unit residential property; to provide certain exceptions; 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 44 of the Official Code
of Georgia Annotated, relating to general provisions regarding land-
lord and tenant, is amended by adding a new Code section immedi-
ately following Code Section 44-7-18, to be designated Code Section
44-7-19, to read as follows:
44-7-19. No county or municipal corporation may enact, main-
tain, or enforce any ordinance or resolution which would regulate in
any way the amount of rent to be charged for privately owned, single-
family or multiple-unit residential rental property. This Code section
shall not be construed as prohibiting any county or municipal corpo-
ration, or any authority created by a county or municipal corporation
1080
GENERAL ACTS AND RESOLUTIONS, VOL. I
for that purpose, from regulating in any way property belonging to
such county, such municipal corporation, or such authority from
entering into any agreements with private persons, which agreements
regulate the amount of rent to be charged for such rental properties.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
INSURANCE REQUIREMENTS TO QUALIFY TO
TRANSACT BUSINESS CHANGED, ETC.
Code Title 33 Amended.
No. 1227 (House Bill No. 634).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated,
relating to insurance, so as to change the provisions relative to the
amount of paid-in capital stock or surplus required in order to qualify
for authority to transact insurance in this state; to change the
requirements of additional surplus for new insurers; to provide for
editorial revision; to change the provisions relative to the applicabil-
ity of Chapter 38, relating to the Georgia Life and Health Insurance
Guaranty Association; to provide for other matters relative to the
foregoing; to provide an effective date; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 33 of the Official Code of Georgia Annotated,
relating to insurance, is amended by striking subsection (a) of Code
Section 33-3-6, which reads as follows:
GEORGIA LAWS 1984 SESSION
1081
(a) To qualify for authority to transact insurance, an insurer
shall possess and thereafter maintain paid-in capital stock if a stock
insurer or surplus if a foreign or alien mutual or reciprocal insurer in
an amount not less than $200,000.00 for each class of insurance in
which the insurer will engage; but the maximum for any combination
of kinds of insurance shall not be required to exceed $400,000.00.,
in its entirety and inserting in lieu thereof a new subsection (a) to read
as follows:
(a) (1) On or after July 1, 1984, to qualify for an original
certificate of authority to transact a class of insurance, other than the
class of life, accident, and sickness insurance, an insurer shall possess
and thereafter maintain a minimum of $600,000.00 in capital stock, if
a stock insurer, or in surplus, if a foreign or alien mutual or reciprocal
insurer. On and after July 1,1984, to qualify for an original certificate
of authority to transact the class of life, accident, and sickness
insurance, an insurer shall possess and thereafter maintain a mini-
mum of $800,000.00 in capital stock, if a stock insurer, or in surplus, if
a foreign or alien mutual or reciprocal insurer. On and after July 1,
1984, in order to transact an additional class or classes of insurance,
an insurer shall possess and thereafter maintain an additional
$200,000.00 in capital stock, if a stock insurer, or in surplus, if a
foreign or alien mutual or reciprocal insurer.
(2) Notwithstanding the requirements of paragraph (1) of this
subsection, for the purposes of subsection (d) of Code Section 33-7-
14, the minimum capital requirement of reinsurers approved by the
Commissioner pursuant to said Code section shall be $200,000.00.
Section 2. Said title is further amended by striking Code Section
33-3-7, relating to the requirement of additional surplus for new
insurers, in its entirety and inserting in lieu thereof a new Code
Section 33-3-7 to read as follows:
33-3-7. In addition to the minimum paid-in capital of stock
insurers or minimum surplus of mutual and reciprocal insurers
required by this title, an insurer shall possess when first authorized in
this state surplus or additional surplus equal to the larger of
$400,000.00 (stock, mutual, and reciprocal insurers) or 50 percent of
its paid-in capital stock (if a stock insurer) or of its surplus (if a
mutual or reciprocal insurer) otherwise required under Code Section
33-3-6 for the kinds of insurance to be transacted.
1082
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said title is further amended by striking from the
table contained in subsection (b) of Code Section 33-14-61, relating to
types of insurance which newly organized insurers may transact,
columns (G) and (H) which read as follows:
(G)
Minimum
Surplus
Funds
(VI)
$200,000
200,000
200,000
200,000
300,000
(H)
Deposit
of
Surplus
(VI)
$200,000
200,000
200,000
200,000
300,000,
and inserting in lieu thereof new columns (G) and (H) to read as
follows:
(G)
Minimum
Surplus
Funds
(VI)
$400,000
400,000
400,000
400,000
400,000
(H)
Deposit
of
Surplus
(VI)
$400,000
400,000
400,000
400,000
400,000
Section 4. Said title is further amended by striking paragraph
(4) of subsection (b) of Code Section 33-14-4, relating to the proce-
dure for incorporation of insurers and the contents of the application
for a charter, in its entirety and inserting in lieu thereof a new
paragraph (4) to read as follows:
GEORGIA LAWS 1984 SESSION
1083
(4) The kinds of insurance the corporation is formed to trans-
act according to the definitions of insurance set forth in Chapter 7 of
this title;.
Section 5. Said title is further amended by striking subsection
(b) of Code Section 33-38-2, relating to the applicability of provisions
relative to the Georgia Life and Health Insurance Guaranty Associa-
tion, in its entirety and inserting in lieu thereof a new subsection (b)
to read as follows:
(b) This chapter shall not apply to:
(1) That portion or part of a variable life insurance or
variable annuity contract not guaranteed by an insurer;
(2) That portion or part of any policy or contract under
which the risk is borne by the policyholder;
(3) Any policy or contract or part thereof assumed by the
impaired or insolvent insurer under a contract of reinsurance,
other than reinsurance for which assumption certificates have
been issued;
(4) Any policy, contract, certificate, or subscriber agree-
ment issued by a nonprofit hospital service corporation referred to
in Chapter 19 of this title, a health care plan referred to in Chapter
20 of this title, a nonprofit medical service corporation referred to
in Chapter 18 of this title, a prepaid legal services plan, as defined
in Code Section 33-35-2, and a health maintenance organization,
as defined in Code Section 33-21-1;
(5) Any policy, contract, or certificate issued by a fraternal
benefit society, as defined in Code Section 33-15-1; or
(6) Accident and sickness insurance as defined in Code
Section 33-7-2 when written by a property and casualty insurer as
part of an automobile insurance contract.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1084
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
AUCTIONEERS MEMBERSHIP OF COMMISSION
CHANGED UNLAWFUL PRACTICES.
Code Title 43, Chapter 6 Amended.
No. 1228 (House Bill No. 884).
AN ACT
To amend Chapter 6 of Title 43 of the Official Code of Georgia
Annotated, relating to licensing of auctioneers, so as to change the
membership of the commission; to make it unlawful for a licensed
auctioneer to engage in the practice of auctioning real property unless
such auctioneer is licensed as a real estate broker, associate broker, or
salesperson; to provide an exception; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 6 of Title 43 of the Official Code of Georgia
Annotated, relating to licensing of auctioneers, is amended by strik-
ing in their entirety subsections (b) and (c) of Code Section 43-6-2,
relating to the membership of the commission, and inserting in lieu
thereof new subsections (b) and (c) to read as follows:
(b) The commission shall be composed of six members, each of
whom shall be appointed by the Governor, with the approval of the
Secretary of State, and confirmed by the Senate. Initial terms of
appointment shall include one member to be appointed for a term of
one year, one member to be appointed for a term of two years, one
member to be appointed for a term of three years, one member to be
GEORGIA LAWS 1984 SESSION
1085
appointed for a term of four years, and two members to be appointed
for terms of five years. All subsequent appointments shall be for a
term of five years, to end on the anniversary date of original appoint-
ments, except appointments to fill a vacancy which shall be for the
unexpired term only.
(c) Five members of the commission shall be licensed auction-
eers who shall have been residents of this state and actively engaged
in the auctioneering business for at least five years. One member shall
be a resident of this state and shall have no connection whatsoever
with the practice or profession of auctioneering.
Section 2. Said chapter is further amended by striking Code
Section 43-6-9, relating to licenses for auctioneers, in its entirety and
inserting in lieu thereof a new Code Section 43-6-9 to read as follows:
43-6-9. (a) It shall be unlawful for any person, directly or
indirectly, to engage in, conduct, advertise, hold himself out as
engaging in or conducting the business of, or act in the capacity of, an
auctioneer or apprentice auctioneer within this state without first
obtaining a license as an auctioneer or apprentice auctioneer, as
provided in this chapter, unless he is exempted from obtaining a
license under Code Section 43-6-24.
(b) It shall be unlawful for any licensed auctioneer or apprentice
auctioneer to act in such capacity in the sale of real property unless
such auctioneer or apprentice auctioneer shall also be licensed as a
real estate broker, associate broker, or salesperson under Chapter 40
of Title 43; provided, however, that any auctioneer or apprentice
auctioneer who was licensed as such by this state prior to July 1,1978,
and who, prior to December 31, 1984, submits proof to the commis-
sion that he has been auctioning real property for five years or more
immediately prior to the date of application shall not be required to
meet the provisions of this subsection but such person shall not
thereby be construed to be a real estate broker, associate broker, or
salesperson under Chapter 40 of Title 43.
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.
Approved March 29,1984.
1086
GENERAL ACTS AND RESOLUTIONS, VOL. I
COUNTIES GOVERNING AUTHORITIES
AUTHORIZED TO ADOPT AND ENFORCE CERTAIN
ORDINANCES.
Code Section 36-1-20 Enacted.
No. 1229 (House Bill No. 910).
AN ACT
To amend Chapter 1 of Title 36 of the Official Code of Georgia
Annotated, relating to counties in general, so as to authorize county
governing authorities, for the purpose of protecting and preserving
the public health, safety, and welfare, to adopt ordinances relative to
their unincorporated areas, violations of which ordinances may be
punished by fine or imprisonment or both; 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 1 of Title 36 of the Official Code of Georgia
Annotated, relating to counties in general, is amended by adding a
new Code Section 36-1-20 to read as follows:
36-1-20. (a) The governing authority of each county, for the
purpose of protecting and preserving the public health, safety, and
welfare, is authorized to adopt ordinances for the governing and
policing of the unincorporated areas of the county, violations of which
ordinances may be punished by fine or imprisonment or both. With-
out limiting the generality of the foregoing, such ordinances may
provide for traffic regulation, including adoption of the uniform rules
of the road under Chapter 6 of Title 40, may provide for the
regulation and control of litter in the same manner as municipal
ordinances under Code Section 16-7-48, and may provide for the
implementation and enforcement of any power or duty vested in the
county governing authority.
(b) Each such ordinance shall specify the maximum punishment
which may be imposed for a violation of the ordinance; and in no case
shall the maximum punishment for the violation of any such ordi-
nance exceed a fine of $500.00 or imprisonment for 60 days or both.
GEORGIA LAWS 1984 SESSION
1087
(c) Jurisdiction over violations of such county ordinances shall
be in the magistrate court of the county; and procedure for enforce-
ment of such ordinances shall be as provided in Article 4 of Chapter
10 of Title 15; provided, however, jurisdiction over ordinances having
to do with traffic offenses shall be in the court or courts having
jurisdiction over state traffic offenses.
(d) This Code section shall not affect the jurisdiction of or
procedure in any other court which has jurisdiction over violations of
county ordinances.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
ELECTIONS INSPECTION, ETC., OF
TABULATING MACHINES BY SECRETARY OF
STATE, ETC.
Code Title 21, Chapters 2 and 3 Amended.
No. 1230 (House Bill No. 938).
AN ACT
To amend Article 9 of Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, relating to voting machines and vote recorders,
and Article 9 of Chapter 3 of Title 21 of the Official Code of Georgia
Annotated, relating to the use of voting machines and vote recorders
in municipal elections, so as to provide for the inspection, examina-
tion, and certification of tabulating machines by the Secretary of
State; to provide for the reexamination of voting machines, vote
recorders, and tabulating machines every two years; to provide for the
examination of tabulating machines purchased without examination
and approval by the Secretary of State; to change the fees of the
1088
GENERAL ACTS AND RESOLUTIONS, VOL. I
Secretary of State for the examination of voting machines, vote
recorders, and tabulating machines; to provide that no person
involved in the examination of any voting machine, vote recorder, or
tabulating machine shall have any pecuniary interest in such
machines; to provide that governing authorities of counties and
municipalities shall have authority to provide for use and purchase of
tabulating machines; to provide for the installation of tabulating
machines by county and municipal governing authorities; to provide
for designation and compensation of custodians of tabulating
machines and for care of such machines; to provide for payment of
tabulating machines by county and municipal governing authorities;
to define certain terms; 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 9 of Chapter 2 of Title 21 of the Official Code
of Georgia Annotated, relating to voting machines and vote recorders,
is amended by striking Code Section 21-2-310, relating to definitions
relative to voting machines and vote recorders, in its entirety and
inserting in lieu thereof a new Code Section 21-2-310 to read as
follows:
21-2-310. As used in this article, the term:
(1) Candidate counters or question counters means the
counters which numerically register the votes cast for candidates
and on questions, respectively.
(2) Diagram means an illustration of the official ballot
showing the names of the parties, bodies, offices, and candidates
and statements of the questions, in their proper places, together
with the voting devices therefor.
(3) Protective counter means a counter or protective
device or devices that will register each time the machine is
operated and shall be constructed and so connected that it cannot
be reset, altered, or operated except by operating the machine.
(4) Public counter means a counter or other device which
shall, at all times, publicly indicate how many times the machine
has been voted on at an election.
GEORGIA LAWS 1984 SESSION
1089
(5) Registering counter shall not include a protective coun-
ter.
(6) Tabulating machine shall be limited to precinct ballot
counters for the purpose of examination and approval by the
Secretary of State.
(7) Vote indicator means those devices with which votes
are indicated for candidates or for or against questions.
Section 2. Said article is further amended by striking Code
Section 21-2-324, relating to examination and approval of voting
machines by the Secretary of State, in its entirety and inserting in lieu
thereof a new Code Section 21-2-324 to read as follows:
21-2-324. (a) Any person or organization owning, manufac-
turing, or selling, or being interested in the manufacture or sale of,
any voting machine may request the Secretary of State to examine the
machine. Any ten or more electors of this state may, at any time,
request the Secretary of State to reexamine any voting machine
previously examined and approved by him. Before any such examina-
tion or reexamination, the person, persons, or organization requesting
such examination or reexamination shall pay to the Secretary of State
the reasonable expenses of such examination; provided, however, that
in the case of a request by ten or more electors the examination fee
shall be $250.00. The Secretary of State may, at any time, in his
discretion, reexamine any voting machine.
(b) The Secretary of State shall thereupon require such machine
to be examined or reexamined by three examiners whom he shall
appoint for the purpose, of whom one shall be an expert in patent law
and the other two shall be experts in mechanics, and shall require of
them a written report on such machine, attested by their signatures;
and the Secretary of State himself shall examine the machine and
shall make and file in his office, together with the reports of the
examiners appointed by him, his own report, attested by his signature
and the seal of his office, stating whether, in his opinion and in
consideration of the reports of the examiners aforesaid, the kind of
machine so examined can be safely used by electors at primaries and
elections as provided in this chapter. If his report states that the
machine can be so used, the machine shall be deemed approved; and
machines of its kind may be adopted for use at primaries and
elections as provided in this chapter.
1090
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) No kind of voting machine not so approved shall be used at
any primary or election and if, upon the reexamination of any voting
machine previously approved, it shall appear that the machine so
reexamined can no longer be safely used by electors at primaries or
elections as provided in this chapter because of a substantial defect in
design, the approval of the same shall immediately be revoked by the
Secretary of State; and no such voting machine shall thereafter be
purchased for use or be used in this state.
(d) When a machine has been so approved, no improvement or
change that does not impair its accuracy, efficiency, or capacity shall
render necessary a reexamination or reapproval of the machine or of
its kind.
(e) Neither the Secretary of State, nor any examiner appointed
by him for the purpose prescribed by this Code section, nor any
superintendent, nor the governing authority of any county or a
member of such authority, nor any other person involved in the
examination process shall have any pecuniary interest in any voting
machine or in the manufacture or sale thereof.
(f) The compensation of each examiner appointed under this
Code section shall be fixed and paid by the Secretary of State.
Section 3. Said article is further amended by striking Code
Section 21-2-351, relating to the power of the county governing
authority to authorize and direct use of and to purchase vote record-
ers, in its entirety and inserting in lieu thereof a new Code Section 21-
2-351 to read as follows:
21-2-351. The governing authority of any county may at any
regular meeting or at a special meeting called for the purpose, by a
majority vote, authorize and direct the use of vote recorders and
tabulating machines for recording and computing the vote at elec-
tions held in the county; and thereupon the governing authority shall
purchase, lease, rent, or otherwise procure vote recorders and tabulat-
ing machines conforming to the requirements of this part.
Section 4. Said article is further amended by striking Code
Section 21-2-352, relating to installation of vote recorders, in its
entirety and inserting in lieu thereof a new Code Section 21-2-352 to
read as follows:
GEORGIA LAWS 1984 SESSION
1091
21-2-352. (a) When the use of vote recorders and tabulating
machines has been authorized in the manner prescribed in this part,
such vote recorders and tabulating machines shall be installed, either
simultaneously or gradually, within the county. Upon the installation
of vote recorders and tabulating machines in any precinct, the use of
paper ballots therein shall be discontinued, except as otherwise
provided by this chapter.
(b) In each precinct in which vote recorders and tabulating
machines are used, the governing authority shall provide at least one
vote recorder for each 200 electors therein, or fraction thereof.
(c) Vote recorders of different kinds may be used for different
precincts in the same county.
(d) The governing authority shall provide vote recorders in good
working order and of sufficient capacity to accommodate the names
of a reasonable number of candidates for all party offices and nomina-
tions and public offices which, under the provisions of existing laws
and party rules, are likely to be voted for at any future primary or
election.
Section 5. Said article is further amended by striking Code
Section 21-2-353, relating to inspection of vote recorders by the
Secretary of State, in its entirety and inserting in lieu thereof a new
Code Section 21-2-353 to read as follows:
21-2-353. (a) Any person or organization owning, manufac-
turing, or selling, or being interested in the manufacture or sale of,
any vote recorder or tabulating machine may request the Secretary of
State to examine the vote recorder or tabulating machine. Any ten or
more electors of this state may, at any time, request the Secretary of
State to reexamine any vote recorder or tabulating machine previ-
ously examined and approved by him. Before any such examination
or reexamination, the person, persons, or organization requesting
such examination or reexamination shall pay to the Secretary of State
the reasonable expenses of such examination. The Secretary of State
may, at any time, in his discretion, reexamine any vote recorder or
tabulating machine.
(b) The Secretary of State shall thereupon examine or reexam-
ine such vote recorder or tabulating machine and shall make and file
in his office a report, attested by his signature and the seal of his
1092
GENERAL ACTS AND RESOLUTIONS, VOL. I
office, stating whether, in his opinion, the kind of vote recorder or
tabulating machine so examined can be safely used by electors at
primaries and elections as provided in this chapter. If this report
states that the vote recorder or tabulating machine can be so used, the
recorder or tabulating machine shall be deemed approved; and vote
recorders and tabulating machines of its kind may be adopted for use
at primaries and elections as provided in this chapter.
(c) No kind of vote recorder or tabulating machine not so
approved shall be used at any primary or election and if, upon the
reexamination of any vote recorder or tabulating machine previously
approved, it shall appear that the vote recorder or tabulating machine
so reexamined can no longer be safely used by electors at primaries or
elections as provided in this chapter, the approval of the same shall
immediately be revoked by the Secretary of State; and no such vote
recorder or tabulating machine shall thereafter be purchased for use
or be used in this state. Every county or municipality which has
previously purchased a tabulating machine shall submit such
machine to the Secretary of State for examination not later than
January 1,1985.
(d) When a vote recorder or tabulating machine has been so
approved, no improvement or change that does not impair its accu-
racy, efficiency, or capacity shall render necessary a reexamination or
reapproval of the vote recorder or tabulating machine, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the
governing authority of any county or a member of such authority nor
any other person involved in the examination process shall have any
pecuniary interest in any vote recorder or tabulating machine or in
the manufacture or sale thereof.
Section 6. Said article is further amended by striking Code
Section 21-2-362, relating to designation and compensation of custo-
dians of vote recorders and storage and care of recorders, in its
entirety and inserting in lieu thereof a new Code Section 21-2-362 to
read as follows:
21-2-362. (a) The superintendent shall designate a person or
persons who shall have the custody of the vote recorders and tabulat-
ing machines of the county when they are not in use at a primary or
election and shall provide for his compensation and for the safe
storage and care of the vote recorders.
GEORGIA LAWS 1984 SESSION
1093
(b) All vote recorders and tabulating machines, when not in use,
shall be properly covered and stored in a suitable place or places.
Section 7. Said article is further amended by striking Code
Section 21-2-363, relating to the responsibility of the county govern-
ing authority to provide for payment of vote recorders, in its entirety
and inserting in lieu thereof a new Code Section 21-2-363 to read as
follows:
21-2-363. The governing authority of any county which adopts
vote recorders and tabulating machines in the manner provided for by
this part shall, upon the purchase of vote recorders and tabulating
machines, provide for their payment by the county. Bonds or other
evidence of indebtedness may be issued in accordance with the
provisions of law relating to the increase of indebtedness of counties
to meet all or any part of the cost of the vote recorders and tabulating
machines.
Section 8. Article 9 of Chapter 3 of Title 21 of the Official Code
of Georgia Annotated, relating to the use of voting machines and vote
recorders in municipal elections, is amended by striking Code Section
21-3-210, relating to definitions relative to voting machines and vote
recorders, in its entirety and inserting in lieu thereof a new Code
Section 21-3-210 to read as follows:
21-3-210. As used in this article, the term:
(1) Candidate counters and question counters means the
counters which numerically register the votes cast for candidates
and on questions, respectively.
(2) Diagram means an illustration of the official ballot
showing the names of the parties, bodies, offices, and candidates,
and statements of the questions in their proper places, together
with the voting devices therefor.
(3) Protective counter means a counter or protective
device or devices that will register each time the machine is
operated and shall be constructed and so connected that it cannot
be reset, altered, or operated, except by operating the machine.
(4) Public counter means a counter or other device which
shall at all times publicly indicate how many times the machine
has been voted on during an election.
1094
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Registering counter shall not include a protective coun-
ter.
(6) Tabulating machine shall be limited to precinct ballot
counters for the purpose of examination and approval by the
Secretary of State.
(7) Vote indicators means those devices which indicate
votes for candidates or for or against questions.
Section 9. Said article is further amended by striking Code
Section 21-3-251, relating to the power of a municipal governing
authority to authorize and direct the use of and to purchase vote
recorders, in its entirety and inserting in lieu thereof a new Code
Section 21-3-251 to read as follows:
21-3-251. The governing authority of any municipality, at any
regular meeting called for the purpose, by a majority vote, may
authorize and direct the use of vote recorders and tabulating
machines for recording and computing the vote at elections held in
the municipality; and thereupon the governing authority shall pur-
chase, lease, rent, or otherwise procure vote recorders and tabulating
machines conforming to the requirements of this article.
Section 10. Said article is further amended by striking Code
Section 21-3-252, relating to installation of vote recorders, in its
entirety and inserting in lieu thereof a new Code Section 21-3-252 to
read as follows:
21-3-252. (a) When the use of vote recorders and tabulating
machines has been authorized in the manner prescribed in Code
Section 21-3-251, such vote recorders and tabulating machines shall
be installed, either simultaneously or gradually, within the munici-
pality. Upon the installation of vote recorders and tabulating
machines in any precinct, the use of paper ballots therein shall be
discontinued, except as otherwise provided by this chapter.
(b) In each precinct in which vote recorders and tabulating
machines are used, the governing authority shall provide at least one
vote recorder for each 200 electors, or fraction thereof, in such
precinct.
GEORGIA LAWS 1984 SESSION
1095
(c) Vote recorders of different kinds may be used for different
precincts in the same municipality.
(d) The governing authority shall provide vote recorders in good
working order and of sufficient capacity to accommodate the names
of a reasonable number of candidates for all party offices and nomina-
tions and public offices which, under the provisions of existing laws
and party rules, are likely to be voted for at any future primary or
election.
Section 11. Said article is further amended by striking Code
Section 21-3-253, relating to examination and approval of vote
recorders by the Secretary of State, in its entirety and inserting in lieu
thereof a new Code Section 21-3-253 to read as follows:
21-3-253. The examination and approval of vote recorders and
tabulating machines by the Secretary of State shall apply to munici-
palities as prescribed for counties in Code Section 21-2-353.
Section 12. Said article is further amended by striking Code
Section 21-3-260, relating to designation and compensation of custo-
dian for and storage of recorders, in its entirety and inserting in lieu
thereof a new Code Section 21-3-260 to read as follows:
21-3-260. The governing authority shall designate a person or
persons who shall have the custody of the vote recorders and tabulat-
ing machines of the municipality when they are not in use at a
primary or election and shall provide for his compensation and for the
safe storage and care of the vote recorders and tabulating machines.
Section 13. Said article is further amended by striking Code
Section 21-3-261, relating to the responsibility of the municipality to
provide payment for vote recorders, in its entirety and inserting in
lieu thereof a new Code Section 21-3-261 to read as follows:
21-3-261. The governing authority of any municipality which
adopts vote recorders and tabulating machines in the manner pro-
vided for by this article shall, upon the purchase thereof, provide for
payment therefor by the municipality. Bonds or other evidence of
indebtedness may be issued, in accordance with the provisions of law
relating to the increase of indebtedness of municipalities, to meet all
or any part of the cost of the vote recorders and tabulating machines.
1096
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 15. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1984.
MAGISTRATE COURTS LAW AMENDED.
Code Title 15, Chapter 10 Amended.
No. 1231 (House Bill No. 946).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia
Annotated, relating to magistrate courts, so as to change provisions
relating to commissions of magistrates; to extend the date under
which a probate judge may serve as chief magistrate by appointment
of the superior court judges; to change certain qualifications of
magistrates; to delete certain exemptions from training requirements;
to provide that appeals may be taken to the state court or to the
superior court; to provide that when a counterclaim amount exceeds
the jurisdictional limit, the case will be transferred to any court
having jurisdiction; to change provisions relating to judgments of the
magistrate court constituting liens; to change provisions regarding
arrest and confinement for county ordinance violations; to make
discretionary the imposition of costs against persons convicted of
violations of county ordinances; 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 15 of the Official Code of Georgia
Annotated, relating to magistrate courts, is amended by striking in its
GEORGIA LAWS 1984 SESSION
1097
entirety subsection (b) of Code Section 15-10-3, relating to the oath
and commissions of magistrates, and inserting in its place a new
subsection (b) to read as follows:
(b) The clerk of superior court shall make an entry of the oath
on the minutes of the superior court and the chief judge of the
superior court shall issue to the officer taking the oath a certificate
which shall serve as the officers commission.
Section 2. Said chapter is further amended by striking in its
entirety subsection (g) of Code Section 15-10-20, relating to the
number and selection of magistrates, and inserting in its place a new
subsection (g) to read as follows:
(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 if
1985, and provide for his compensation in such capacity. Notwith-
standing subsection (d) of this Code section and in the absence of
local law, the Governor may provide that the probate judge shall be
reappointed as chief magistrate until January 1,1989, and, subject to
general law, provide for his compensation in such capacity; provided
such appointment shall be made before May 23, 1984, and shall be
made with the consent of the probate judge in office on such date.
Any compensation paid under this subsection shall be paid from
county funds.
Section 3. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 15-10-22, relating to qualifica-
tions of magistrates, and inserting in its place a new subsection (a) to
read as follows:
(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 25 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 qualifications.
Additional qualifications for the office of chief magistrate or magis-
trate or both may be imposed by local law.
1098
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 15-10-25, relating to training
requirements for magistrates, and inserting in its place a new subsec-
tion (a) to read as follows:
(a) All magistrates shall periodically satisfactorily complete a
training course as provided in Article 8 of this chapter.
Section 5. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 15-10-41, relating to availabil-
ity of jury trials and appeals in magistrate courts, and inserting in its
place a new subsection (b) to read as follows:
(b) Appeals may be had from judgments returned in the magis-
trate court to the state court of the county or 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.
Section 6. Said chapter is further amended by striking in its
entirety subsection (d) of Code Section 15-10-45, relating to compul-
sory and permissive counterclaims, which reads as follows:
(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.,
and inserting in its place a new subsection (d) to read as follows:
(d) If the amount of a counterclaim exceeds the jurisdictional
limits of the magistrate court, the case shall be transferred to any
court of the county which has jurisdictional limits which exceed the
amount of the counterclaim. If there is more than one court to which
the action may be transferred, the parties may agree on the court to
which the action shall be transferred, and, in the absence of any
agreement, the judge of the magistrate court shall determine the
court to which the action shall be transferred. If there is no other
court to which the action may be transferred, it shall be transferred to
the superior court of the county. ,
Section 7. Said chapter is further amended by striking in its
entirety Code Section 15-10-47, relating to judgments of the magis-
GEORGIA LAWS 1984 SESSION
1099
trate courts constituting liens, in its entirety and inserting in its place
a new Code Section 15-10-47 to read as follows:
15-10-47. Except where otherwise provided by law, the general
laws and rules applicable to the effect, recordation, execution, and
enforcement of money judgments in civil cases in the superior courts
of this state shall be applicable to and govern the magistrate courts.
Section 8. Said chapter is further amended by striking in its
entirety subsection (b) of Code Section 15-10-62, relating to prosecu-
tions upon citations or accusations, and inserting in its place a new
subsection (b) to read as follows:
(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,
except for the offenses of public drunkeness or disorderly conduct;
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.
Section 9. Said chapter is further amended by striking in its
entirety subsection (d) of Code Section 15-10-63, relating to the
permitted use of citations, and inserting in its place a new subsection
(d) to read as follows:
(d) No person shall be arrested prior to the time of trial, except
for the offenses of public drunkeness or disorderly conduct; 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.
Section 10. Said chapter is further amended by striking in its
entirety Code Section 15-10-64, relating to execution and confine-
ment, and inserting in its place a new Code Section 15-10-64 to read as
follows:
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 arrested or sentenced to
confinement for violation of county ordinances.
1100
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 11. Said chapter is further amended by striking in its
entirety Code Section 15-10-81, relating to imposition of court costs
in county ordinance violation cases, and inserting in its place a new
Code Section 15-10-81 to read as follows:
15-10-81. In cases of conviction of violation of county ordi-
nances, costs of not more than $30.00 may be taxed against the
defendant.
Section 12. Said chapter is further amended by striking in its
entirety subsection (c) of Code Section 15-10-137, relating to training
requirements of certified magistrates, and inserting in its place a new
subsection (c) to read as follows:
(c) In order to maintain the status of a certified magistrate
judge, each person certified as such 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.
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 29,1984.
ELECTIONS FILING OF CAMPAIGN FINANCIAL
DISCLOSURE REPORTS.
Code Section 21-5-5 Amended.
No. 1232 (House Bill No. 960).
AN ACT
To amend Code Section 21-5-5 of the Official Code of Georgia
GEORGIA LAWS 1984 SESSION
1101
Annotated, relating to the filing of campaign financial disclosure
reports, so as to provide that certain campaign financial disclosure
reports be filed with the election superintendent of the county; to
provide for exceptions; 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 21-5-5 of the Official Code of Georgia
Annotated, relating to the filing of campaign financial disclosure
reports, is amended by striking said Code section in its entirety and
inserting in its place a new Code Section 21-5-5 to read as follows:
21-5-5. (a) (1) The candidate or the chairman or treasurer
of each campaign committee organized to bring about the nomina-
tion or election of a candidate for any office provided for in Code
Section 21-5-2, except county and municipal offices, and the
chairman or treasurer of every campaign committee designed to
bring about the recall of a public officer or designed to bring about
the approval or rejection by the voters of any proposed constitu-
tional amendment or state-wide referendum shall file with the
Secretary of State the required campaign financing disclosure
reports. A candidate for any state office or the chairman or
treasurer of his campaign committee shall file a copy of each of his
reports with the election superintendent of the county of his
residence.
(2) Any campaign committee which accepts contributions
or makes expenditures designed to bring about the approval or
rejection by the voters of any proposed question which is to appear
on the ballot in any county or municipal election shall file a
campaign financing disclosure report as prescribed by this chap-
ter; provided, however, that such report shall only be required if
such campaign committee has received contributions which total
more than $500.00 or if such campaign committee has made
expenditures which total more than $500.00.
(3) A candidate for county office or the chairman or trea-
surer of his campaign committee shall file the required campaign
1102
GENERAL ACTS AND RESOLUTIONS, VOL. I
financing disclosure reports with the election superintendent in
the respective county of election.
(4) A candidate for municipal office or his campaign com-
mittee shall file the reports with the municipal clerk in the
respective municipality of election or, if there is no clerk, with the
chief executive officer of the municipality.
(b) All reports shall list the following:
(1) The amount, name, and mailing address of any person
making a contribution of $101.00 or more, including the purchase
of tickets for events such as dinners, luncheons, rallies, and similar
fund-raising events;
(2) The name and mailing address and occupation or place
of employment of any person to whom an expenditure of $101.00
or more is made and the amount and general purpose of such
expenditure;
(3) When a contribution consists of a loan, advance, or other
extension of credit, the report shall also contain the name of the
lending institution or party making the advance or extension of
credit and the names, mailing addresses, occupations, and places
of employment of all persons having any liability for repayment of
the loan, advance, or extension of credit; and, if any such persons
shall have a fiduciary relationship to the lending institution or
party making the advance or extension of credit, the report shall
specify it.
(c) Campaign committees which accept contributions or make
expenditures designed to bring about the nomination or election of a
candidate shall file campaign financing disclosure reports 45 days and
15 days before the primary election and ten days after the primary
election. Candidates in a general or special election campaign shall
make such reports 15 days prior to the general or special election, and
all candidates shall make a final campaign disclosure report not later
than December 31 of the year in which the election occurs. All
candidates shall have a five-day grace period in filing the required
reports. The mailing of said reports by United States mail with
adequate postage thereon, within the required filing time, shall be
prima-facie evidence of filing. A report or statement required to be
filed by this Code section shall be verified by the oath or affirmation
GEORGIA LAWS 1984 SESSION
1103
of the person filing such report or statement taken before an officer
authorized to administer oaths. Each report required in the calendar
year of the election shall contain cumulative totals of all contributions
which have been received and all expenditures which have been made
in support of the campaign in question and which are required, or
previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no
opposition in either a primary or a general election and receives no
contribution of $101.00 or more, said candidate shall only be required
to make the initial and final report as required under this chapter.
(e) Where a candidate or campaign committee has accepted
contributions or made expenditures prior to March 5, 1974, the
reports required by this Code section shall include such information
as the records of the candidate or his committee show and such
information as is otherwise known to the candidate or members of his
committee regarding such prior contributions and expenditures.
(f) A supplemental campaign financing disclosure report shall
be filed by each person elected to an office covered by this chapter no
later than December 31 of each year following the year in which the
election occurs. If no contribution is received or expenditure made
which is required to be reported under this chapter between the date
of the last campaign financing report filed pursuant to this chapter
and December 31 of any year, a supplemental campaign financing
disclosure report shall not be required by this chapter.
(g) Any campaign committee which accepts contributions or
makes expenditures designed to bring about the recall of a public
official shall file campaign financing disclosure reports with the
Secretary of State as follows:
(1) An initial report shall be filed within 15 days of the date
when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of
the initial report;
(3) A third report shall be filed within 15 days after the
expiration date for acquiring signatures on the recall petition;
1104
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) A final report shall be filed prior to December 31 of the
year in which the recall election is held; and
(5) In the case of state officials or county officials, a copy of
each of the reports shall also be filed with the election superinten-
dent in the county of residence of the official sought to be recalled.
In the case of municipal officials, a copy of the reports shall also be
filed with the municipal clerk in the municipality of residence of
the official sought to be recalled or, if there is no clerk, with the
chief executive officer of the municipality.
(h) Any campaign committee which accepts contributions or
makes expenditures designed to bring about the approval or rejection
by the voters of a proposed constitutional amendment or a state-wide
referendum shall file a campaign financing disclosure report with the
Secretary of State 15 days prior to the date of the election and shall
file a final report prior to December 31 of the year in which the
election is held.
(i) (1) Any campaign committee which accepts contributions
or makes expenditures designed to bring about the approval or
rejection by the voters of any proposed question which is to appear
on the ballot in any county or municipal election shall file a
campaign financing disclosure report as prescribed by this chap-
ter, provided that such report shall only be required if such
campaign committee has received contributions which total more
than $500.00 or if such campaign committee has made expendi-
tures which total more than $500.00. All advertising pertaining to
referendums must identify the principal officer of said campaign
committee by containing the name and title of the principal
officer.
(2) If a campaign committee is required to file a report
under paragraph (1) of this subsection, said report shall be filed
with tbe election superintendent of the county in the case of a
county election or with the municipal clerk in the case of a
municipal election. Any such report shall be filed 15 days prior to
the date of the election; and a final report shall be filed prior to
December 31 of the year in which the election is held.
(j) In any county in which the county board of elections does not
maintain an office open to the public during normal business hours
for five days a week, the reports required by this Code section shall be
filed in the office of the judge of the probate court of that county.
GEORGIA LAWS 1984 SESSION
1105
Section 2. This Act shall become effective on January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
PUBLIC OFFICERS AND EMPLOYEES gg NOTARIES
PUBLIC LAW AMENDED.
Code Title 45, Chapter 17 Amended.
No. 1233 (House Bill No. 985).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, so as to comprehensively
revise the laws relating to notaries public; to provide for qualifica-
tions, appointment, removal, powers, and duties of notaries; to spec-
ify the manner in which notarial acts may and may not be performed;
to provide for fees of notaries; to declare criminal offenses and
provide penalties; 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 45 of the Official Code of Georgia Annotated,
relating to public officers and employees, is amended by striking in its
entirety Article 1 of Chapter 17, relating to notaries public in general,
and inserting in its place a new article to read as follows:
ARTICLE 1
45-17-1. The power to appoint notaries public is vested in the
clerks of the superior courts and may be exercised by them at any
time.
1106
GENERAL ACTS AND RESOLUTIONS, VOL. I
45-17-2. (a) Any individual applying for appointment to be a
notary public must be:
(1) At least 18 years old;
(2) A citizen of the United States;
(3) A resident of this state;
(4) A resident of the county from which such individual is
appointed; and
(5) Able to read and write the English language.
(b) The qualifications of paragraphs (3) and (4) of subsection (a)
of this Code section shall not apply to any individual applying for
appointment as a notary public under the provisions of Code Section
45-17-7.
45-17-2.1 (a) Any individual desiring to be a notary public
shall submit application to the clerk of superior court of the county in
which the individual resides or, when applying under the provisions
of Code Section 45-17-7, to the clerk of superior court of the county in
which the individual works or has a business. The applicant shall sign
and swear or affirm as outlined in paragraph (2) of subsection (b) of
this Code section to the truthfulness of the application which shall
state:
(1) That the applicant resides or works or has a business in
the county of application and the address of the residence or
business;
(2) That the applicant is a citizen of the United States;
(3) That the applicant is at least 18 years old or an attorney;
(4) That the applicant can read and write the English
language;
(5) All denials, revocations, suspensions, restrictions, or res-
ignations of a notary commission held by the applicant; and
GEORGIA LAWS 1984 SESSION
1107
(6) All criminal convictions of the applicant, including any
plea of nolo contendere, except minor traffic violations.
(b) In addition to the application required in subsection (a) of
this Code section, every applicant for appointment as notary public
shall also submit to the clerk of superior court of the county in which
the individual makes application:
(1) Endorsements from two persons who are not relatives of
the applicant, who are at least 21 years old, and who reside in the
county in which the individual makes application. The endorse-
ment shall be in the following form:
I,________________________, being 21 years of age or older
(name of endorser)
and a resident of__________________, believe the applicant for
(name of county)
a notary public commission,__________________ , who is not
(name of applicant)
related to myself, to be a person of integrity, good moral char-
acter, and capable of performing notarial acts.
(signature of endorser) (date)
(occupation of endorser)
(address of endorser)
(2) A declaration of applicant which shall have been signed
in presence of a commissioned notary public of this state. The
declaration of applicant shall be in the following form:
1108
GENERAL ACTS AND RESOLUTIONS, VOL. I
I,_________________________, do solemnly swear or affirm
(name of applicant)
under penalty of perjury that the personal information I have
written in this application is true, complete, and correct.
(signature of applicant)
State of _
County of
On this_________________day of_____________19_______, before
me appeared,________________, the person who signed the pre-
ceding declaration of applicant in my presence and who swore
or affirmed that________________understood the document
(he/she)
and freely declared it to be truthful.
(official signature of the notary)
(official seal of the notary)
45-17-2.2. Except for the applicants name and address, infor-
mation in the application for appointment and commissioning as a
notary public is confidential. This information shall be used by the
clerk of superior court in the county of application and designated
state employees for the sole purpose of performing official duties as
outlined in this chapter. Such information may not be disclosed to
any person other than:
(1) The applicant;
(2) The applicants authorized representative;
(3) A representative of any governing authority acting in an
official capacity; or
GEORGIA LAWS 1984 SESSION
1109
(4) Persons specified by court order.
45-17-2.3. (a) After an applicant submits to the clerk of supe-
rior court of the county the application, endorsements, and declara-
tion of applicant as required in Code Section 45-17-2.1, the clerk of
superior court shall either grant or deny a commission as a notary
public within ten days following the applicants submission of the
necessary documents.
(b) The clerk of superior court may in his discretion deny a
commission to an applicant based on any of the following grounds:
(1) The applicants criminal history;
(2) Revocation, suspension, or restriction of any notary
commission or professional license issued to the applicant by this
or any other state; or
(3) The commission in this or any state of any act enumer-
ated in subsection (a) of Code Section 45-17-15, whether or not
criminal penalties or commission suspension or revocation
resulted.
(c) Any applicant who is denied a notarial commission by the
clerk of superior court shall upon demand be allowed a hearing and
adjudication before the superior court clerk with a right of de novo
appeal to the superior court, such appeal to be determined by the
court without the intervention of a jury.
45-17-3. Before entering on the duties of his office, each notary
public shall take and subscribe before the clerk of the superior court
the following oath, which shall be entered on his minutes:
I,_______________, do solemnly swear or affirm that I will
well and truly perform the duties of a notary public to the best of
my ability; and I further swear or affirm that I am not the holder of
any public money belonging to the state and unaccounted for, so
help me God.
45-17-4. Before a certificate shall be issued to a notary public, he
shall pay to the clerk of the superior court the sum prescribed by Code
Section 15-6-77, relating to fees of clerks of the superior courts, from
which amount the clerk shall be entitled to cover his services in
1110
GENERAL ACTS AND RESOLUTIONS, VOL. I
issuing the certificate of appointment as notary public, administering
the oath, and recording the same. The amount by which the sum
prescribed by Code Section 15-6-77 exceeds the amount which the
clerk is required by this Code section to forward to the Secretary of
State is what the clerk shall use to cover his services. The clerk shall
immediately send a copy of the certificate of appointment, under his
seal of office, and $2.00 to the Secretary of State who shall keep a
record in his office showing the names of the notaries public
appointed with their addresses, signatures, ages, sex, and the terms
for which their commissions run; and such amount shall cover the cost
of the Secretary of State in keeping such records. On reappointment
as notaries public, the sum prescribed by Code Section 15-6-77 shall
be paid to the clerk of the superior court and disbursed in the same
manner as the fee for the original appointment is disbursed under this
Code section.
45-17-5. (a) Each notary public shall hold office for four years,
subject to revocation at any time by the clerk of the superior court, at
the end of which time, on petition, his commission may be renewed by
order of the clerk for a like term. Renewal of a notary public
commission may be done in person or by mail at the discretion of the
clerk of superior court. The clerk of the superior court shall issue to
each notary public a certificate of his appointment and qualifications,
which certificate shall contain the name, address, age, and sex of the
appointee, the date the certificate was issued, and the term for which
the appointment runs. The clerk shall also keep a record of the
names, addresses, signatures, ages, sex, and the terms of all notaries
public whom he appoints.
(b) At the time the clerk of the superior court issues a certificate
of appointment as provided in subsection (a) of this Code section, said
officer shall also issue to the appointee a duplicate original of such
certificate. The presentation of such duplicate original, either by mail
or in person, to the supplier of a notary public seal shall be necessary
to authorize such supplier to make up a notary public seal and deliver
it to the appointee.
(c) It shall be unlawful for any person to hold himself or herself
out as a notary public or to exercise the powers of a notary public
unless such person has an unexpired commission as a notary public.
45-17-6. (a) For the authentication of his notarial acts each
notary public must provide a seal of office, which seal shall have for
GEORGIA LAWS 1984 SESSION
1111
its impression his name, the words Notary Public, the name of the
state, and the county of his residence; or it shall have for its impres-
sion his name and the words Notary Public, Georgia, State at Large.
The embossment of documents by the notarys seal shall be autho-
rized but not necessary, and the use of a rubber or other type stamp
shall be sufficient for imprinting the notarys seal. A scrawl shall not
be a sufficient notary seal. An official notarial act must contain the
notarys seal.
(b) It shall be unlawful for any person, firm, or corporation to
supply a notary public seal to any person unless the person has
presented the duplicate original of the certificate commissioning the
person as a notary public. It shall be unlawful for any person to order
or obtain a notary public seal unless such person is commissioned as a
notary public.
45-17-7. (a) Any person who is a resident of a state bordering
on the State of Georgia and who carries on a business or profession in
the State of Georgia or who is regularly employed in the State of
Georgia may be commissioned as a notary public by the clerk of the
superior court of the county in which the person carries on said
profession, business, or employment.
(b) Such person wishing to be commissioned as a notary public
must meet all the requirements of Code Section 45-17-2, as it applies
to this Code section.
(c) Such person shall submit the application, endorsements, and
declaration of applicant as required by Code Section 45-17-2.1 to the
clerk of superior court in the county in which such person carries on
such profession, business, or employment. The clerk of superior court
shall approve or deny such application based on the provisions of
Code Section 45-17-2.3. Upon approval and payment of the usual fees
to the clerk, the applicant shall be issued a certificate as a notary
public of this state and shall be authorized to perform all of the duties
and exercise all of the powers and authorities relating to notaries
public who are residents of this state.
45-17-8. (a) Notaries public shall have authority to:
(1) Take acknowledgements;
1112
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Administer oaths in all matters incidental to their duties
as commercial officers and all other oaths which are not by law
required to be administered by a particular officer;
(3) Witness affidavits upon oath or affirmation; and
(4) Make certified copies provided that the document pre-
sented for copying is an original document and is neither a public
record nor a publicly recorded document certified copies of which
are available from an official source other than a notary and
provided that the document was photocopied under supervision of
the notary.
(b) No notary shall be obligated to perform a notarial act if he
feels such act is:
(1) For a transaction which the notary knows or suspects is
illegal, false, or deceptive;
(2) For a person who is being coerced;
(3) For a person whose demeanor causes compelling doubts
about whether the person knows the consequences of the transac-
tion requiring the notarial act; or
(4) In situations which impugn and compromise the
notarys impartiality, as specified in subsection (c) of this Code
section.
(c) A notary shall be disqualified from performing a notarial act
in the following situations which impugn and compromise the
notarys impartiality:
(1) When the notary is a signer of the document which is to
be notarized; or
(2) When the notary is a party to the document or transac-
tion for which the notarial act is required.
(d) A notary public shall not execute a certificate containing a
statement known by the notary to be false nor perform any action
with an intent to deceive or defraud.
GEORGIA LAWS 1984 SESSION
1113
(e) In performing any notarial act, a notary public shall confirm
the identity of the document signer, oath taker, or affirmant based on
personal knowledge or on satisfactory evidence.
45-17-8.1. At the completion of a notarial act, a notary public
shall sign on the notarial certification only and exactly the name
indicated on the notarys commission and shall record on the notarial
certification the exact date of execution by the notary.
45-17-8.2. A notary shall not make claims to have or imply he has
powers, qualifications, rights, or privileges that the office of notary
does not authorize, including the powers to counsel on immigration
matters and to give legal advice,
45-17-9. Notarial acts may be exercised in any county in the
state.
45-17-10. It shall not be lawful for notaries public to issue
attachments or garnishments or to subscribe affidavits or approve
bonds for the purpose of issuing attachments or garnishments.
45-17-11. (a) The fees of notaries public shall be as follows:
(1) Administering an oath in any case....$ 2.00
(2) Each attendance on any person to make
proof as a notary public and certifying
to same.............................. 2.00
(3) Every other certificate.............. 2.00
(b) It shall not be lawful for any notary public to charge a greater
sum than $4.00 for each service performed. Said sum shall include a
fee of $2.00 for performing the notarial act and a fee of $2.00 for an
attendance to make proof as a notary public and certifying to same if
such certification, which shall be issued by the clerk of superior court
of the county in which the notary public was appointed or the
Secretary of State, is required. Registering shall be paid for by the
party who has the service performed. The fee for all official acts which
the notary may perform shall be the same as those prescribed for
other officers who are likewise permitted to perform them.
1114
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) A notary public need not charge fees for notarial acts.
(d) A notary public shall inform the person requesting any
notarial act, prior to performing the act, the fees permitted for each
act.
45-17-12. (a) As used in this Code section, the term:
(1) Bank or other corporation means a bank or other
corporation organized under the laws of this or any other state or
the United States.
(2) Written instrument, without limiting the generality of
meaning of such words, means deeds, mortgages, bills of sale to
secure debt, deeds to secure debt, deeds of trust, contracts, legal
pleadings, affidavits, certificates, or any other like instruments.
(b) It shall be lawful for any notary public who is a stockholder,
director, officer, or employee of a bank or other corporation to take
the acknowledgement of any party to any written instrument exe-
cuted to or by such corporation. Any such notary public may act and
sign as official witness to the execution by any party of any written
instrument executed to or by such bank or other corporation. Any
such notary public may administer an oath to any other stockholder,
director, officer, employee, or agent of such bank or other corporation
or may protest for nonacceptance or nonpayment bills of exchange,
drafts, checks, notes, and other negotiable instruments which may be
owned or held for collection by such bank or other corporation,
provided that it shall be unlawful for any notary public to act and sign
as official witness to or take the acknowledgement of an instrument
executed by or to a bank or other corporation of which he is a
stockholder, director, officer, or employee where such notary would
be witnessing or acknowledging his own signature as it appears on the
instrument either in his capacity as an individual or in his representa-
tive capacity with the bank or other corporation or to protest any
negotiable instrument owned or held for collection by such bank or
other corporation where such notary is individually a party to such
instrument.
45-17-13. (a) Every notary public shall notify in writing the
appointing clerk of superior court, with a copy to the Secretary of
State, of any change in the notarys residence or business address,
whichever was used for the purpose of appointment. The notice shall
GEORGIA LAWS 1984 SESSION
1115
contain both the old and new addresses and must be received by the
clerk of superior court within 30 days of the change.
(b) (1) Every notary public shall notify in writing the appoint-
ing clerk of superior court, with a copy to the Secretary of State, of
any change in the notarys name. The notice shall contain both
the old and new names, the new signature, and any new address
and must be received by the clerk of superior court within 30 days
of the change.
(2) A notary with a new name may begin to officially sign
the new name on notarial certificates when the following steps
have been completed:
(A) The notice described in paragraph (1) of this sub-
section has been received by the appointing clerk of superior
court;
(B) A confirmation of the notarys name change has
been received from the appointing clerk of superior court; and
(C) A new seal bearing the new name exactly as indi-
cated in the confirmation has been obtained.
45-17-14. Within ten days of the loss or theft of an official
notarial seal, the notary public shall send to the appointing clerk of
superior court, with a copy to the Secretary of State, a written notice
of the loss or theft.
45-17-15. (a) The appointing clerk of superior court may by
letter, with a copy to the Secretary of State, revoke the commission or
deny the reappointment of any notary public who:
(1) Violates any provision of this chapter;
(2) Performs any notarial act in violation of Code Section
45-17-8;
(3) Is found to have submitted an application or endorse-
ment for a notarial commission containing substantial and signifi-
cant misstatement or omission of fact;
1116
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Ceases to reside or work or have a business in this state;
or
(5) Becomes incapable of reading and writing the English
language.
(b) Any notary public whose commission has been revoked shall
upon demand be allowed a hearing and adjudication before the
superior court clerk with a right of de novo appeal to the superior
court, such appeal to be determined by the court without the inter-
vention of a jury.
45-17-16. Within ten days after receiving notice from the
appointing clerk of superior court that a notarial commission has
been revoked, an individual shall send or deliver to the appointing
clerk of superior court all papers of appointment. Such individual
shall also destroy the official notarial seal.
45-17-17. A person who wishes to resign a notarial commission
shall send a signed letter of resignation to the appointing clerk of
superior court, with a copy to the Secretary of State, and all papers of
appointment. The resigning notary public shall destroy the official
notarial seal.
45-17-18. A notary public whose commission expires and who
does not apply for renewal of such commission or whose application
for renewal of a commission is denied shall destroy the official notary
seal.
45-17-19. (a) The authenticity of the official signature and
term of office of a notary public may be evidenced by:
(1) A certificate of authority from the appointing clerk of
superior court or the Secretary of State; or
(2) An apostille in the exact form prescribed by the Hague
Convention from the Secretary of State.
(b) The fee for a certificate of authority shall be $2.00. The fee
for an apostille shall be $3.00.
(c) An apostille as specified by the Hague Convention Abolish-
ing the Requirement of Legalization for Foreign Public Documents
shall be attached to any document requiring authentication that is
GEORGIA LAWS 1984 SESSION
1117
bound for a nation that has signed and ratified the Hague Conven-
tion.
45-17-20. (a) Any person who violates subsection (d) of Code
Section 45-17-8 shall be guilty of a misdemeanor.
(b) Each clerk of superior court is authorized to recommend to
the appropriate prosecuting officers that criminal proceedings be
instituted for violations of this chapter.
Section 2. This Act shall become effective on July 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
ELECTIONS AUDIO TAPES CONTAINING
CERTAIN INFORMATION TO BE DISTRIBUTED
TO PUBLIC LIBRARIES.
Code Section 21-1-2 Amended.
No. 1234 (House Bill No. 1082).
AN ACT
To amend Code Section 21-1-2 of the Official Code of Georgia
Annotated, relating to the preparation, printing, and publicizing of a
summary of general amendments to the Constitution of Georgia, so as
to authorize the Secretary of State to provide for the preparation of a
supply of audio tapes which shall contain the summary of each
proposed general amendment to the Constitution, together with a list
of certain public offices and the names of candidates seeking to be
elected to each office at the November election; to provide for the
distribution of such tapes; to provide an effective date; to repeal
conflicting laws; and for other purposes.
1118
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 21-1-2 of the Official Code of Georgia
Annotated, relating to the preparation, printing, and publicizing of a
summary of general amendments to the Constitution of Georgia, is
amended by adding a new subsection (d) to read as follows:
(d) The Secretary of State is authorized to provide for the
preparation of a supply of audio tapes which shall contain the
summary of each proposed general amendment to the Constitution as
provided in subsection (a) of this Code section, together with a listing
of the candidates for each of the state representatives to the United
Stated Congress and the candidates for every public office elected by
the electors of the entire state. A sufficient number of the audio tapes
may be prepared as will permit the distribution of at least one tape to
each of the public libraries within the state for the purpose of
providing voting information and assistance to any interested citizen.
The Secretary of State may cause a supply of the tapes to be prepared
and distributed as soon as practicable after the summary has been
prepared and the names of the candidates for each of the public
offices to be included are known to be candidates.
Section 2. This Act shall become effective upon its approval by
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 29,1984.
GEORGIA LAWS 1984 SESSION
1119
GEORGIA HEARING AID DEALERS AND
DISPENSERS ACT AMENDED.
Code Title 43, Chapter 20 Amended.
No. 1235 (House Bill No. 1109).
AN ACT
To amend Chapter 20 of Title 43 of the Official Code of Georgia
Annotated, known as the Georgia Hearing Aid Dealers and Dispens-
ers Act, so as to delete provisions relative to applicants for license
proving lack of contagious or infectious diseases; to change the
provisions relative to examinations; to change the provisions relative
to apprentice dispensers and training permits; to change the provi-
sions relative to continuing education requirements; to provide for
the continuation of that board but provide for the later termination of
that board and the laws relating thereto; to provide for other matters
relative to the foregoing; to provide effective dates; to repeal conflict-
ing laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 20 of Title 43 of the Official Code of Georgia
Annotated, known as the Georgia Hearing Aid Dealers and Dispens-
ers Act, is amended by striking subsection (b) of Code Section 43-20-
8, relating to the issuance of licenses, in its entirety and substituting
in lieu thereof a new subsection (b) to read as follows:
(b) The board may issue a dispensers license to an applicant
only when the applicant has satisfactorily completed an examination
administered under the direction of the board, when proof of age has
been verified, and when proof has been received that a satisfactory
relationship with a licensed dealer has been established. The license
shall authorize the holder to dispense hearing aids under the general
supervision of a licensed dealer.
Section 2. Said chapter is further amended by striking Code
Section 43-20-9, relating to examinations, in its entirety and substi-
tuting in lieu thereof a new Code Section 43-20-9 to read as follows:
1120
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-20-9. (a) Applicants may obtain a license by successfully
passing a qualifying examination administered by the board, pro-
vided that the applicant:
(1) Is at least 18 years of age;
(2) Is of good moral character; and
(3) Presents satisfactory evidence to the board that the
applicant maintains a satisfactory relationship with and responsi-
bility to a holder of a dealers license issued under this chapter.
(b) The joint-secretary shall schedule at least four examinations
each year, one of which will be in each calendar quarter.
(c) The joint-secretary shall schedule every apprentice dis-
penser who has held the permit over 30 days to stand for examination
at every scheduled examination until all sections have been passed,
the permit has been revoked by the board, or the permit has expired.
The board shall have the power to revoke a permit without a hearing
if the holder of an apprentice dispenser permit fails to stand for the
examination or to pass the practical portion of the examination on
two occasions. The board may include the fee for an initial examina-
tion as a condition for approval of an applicant for an apprentice
dispensers permit.
(d) Each applicant desiring to become licensed as a dispenser,
other than holders of apprentice dispensers permits, shall make
application for examination to the joint-secretary on forms required
by the joint-secretary at least 30 days prior to the date of such
examination, accompanied by the examination fee as provided by the
board in its rules and regulations.
(e) The qualifying examination shall be compiled by or at the
direction of the board.
(f) The board shall establish uniform criteria for passing and
failing candidates.
Section 3. Said chapter is further amended by striking Code
Section 43-20-11, relating to apprentice dispensers permits, in its
entirety and substituting in lieu thereof a new Code Section 43-20-11
to read as follows:
GEORGIA LAWS 1984 SESSION
1121
43-20-11. (a) An apprentice dispensers permit shall be issued
by the joint-secretary on behalf of the board only when:
(1) Application has been made;
(2) A statement of supervision has been provided by a
licensed dispenser;
(3) A statement has been made by the supervising dealer
that the applicant is capable of making the tests and applying the
techniques required to dispense hearing aids in accordance with
this chapter; and
(4) Proof of age has been made. Apprentice dispensers
permits are limited to one year in duration and shall not be
renewed. No person shall be issued a second apprentice dispenser
permit until a period of two years has elapsed following expiration
of the applicants first permit.
(b) Training permits shall be issued by the joint-secretary on
behalf of the board only when application has been made and a
statement of supervision has been provided by a licensed dispenser.
The permit should authorize the person to dispense hearing aids only
under direct supervision and immediate observation of the licensed
dispenser who shall be responsible for the trainees compliance with
this chapter. Proof of age shall also be made. Training permits should
be for a duration of six months and may be renewed as often as
necessary for additional six-month time periods so long as the
requirements of this Code section for issuance of permits are met for
each renewal.
Section 4. Said chapter is further amended by striking Code
Section 43-20-15, relating to continuing education, in its entirety and
substituting in lieu thereof a new Code Section 43-20-15 to read as
follows:
43-20-15. As a prerequisite for the renewal of a dispensers
license, the dispenser must provide proof to the board that the
dispenser has successfully completed 12 hours of continuing educa-
tion in a program approved by the board. The board may promulgate
such rules and regulations as are necessary to implement the continu-
ing education requirement.
1122
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said chapter is further amended by striking Code
Section 43-20-21, relating to termination of the State Board of
Hearing Aid Dealers and Dispensers, and substituting in its place a
new Code section to read as follows:
43-20-21. 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 Hearing Aid
Dealers and Dispensers shall be terminated on July 1,1990, 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 6. (a) Except as provided in subsection (b) of this
section, this Act shall become effective July 1,1984.
(b) Section 5 of this Act shall become effective June 30,1984.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
PUBLIC OFFICERS AND EMPLOYEES PART-TIME
OFFICIALS PERMITTED TO PURCHASE SURPLUS
STATE PROPERTY AT PUBLIC AUCTION.
Code Section 45-10-24 Amended.
No. 1236 (House Bill No. 1152).
AN ACT
To amend Code Section 45-10-24 of the Official Code of Georgia
Annotated, relating to prohibited transactions by part-time public
officials with state-wide powers, so as to provide that purchases of
surplus state property at public auction shall not be prohibited; to
GEORGIA LAWS 1984 SESSION
1123
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 45-10-24 of the Official Code of Georgia
Annotated, relating to prohibited transactions by part-time public
officials with state-wide powers, is amended by striking subsection
(b) thereof and inserting in lieu thereof a new subsection (b) to read as
follows:
(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;
(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; and
(4) Any transaction involving the purchase of surplus state
property at a public auction.
Section 2. This Act shall become effective upon its approval by
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 29,1984.
1124
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROPERTY*^ LAW RELATING TO ESCHEAT OF
ESTATES AMENDED.
Code Title 44, Chapter 5 Amended.
No. 1237 (House Bill No. 1290).
AN ACT
To amend Chapter 5 of Title 44 of the Official Code of Georgia
Annotated, relating to acquisition and loss of property, so as to revise
provisions relating to escheat; to provide a five-year period before
notice of escheat is published; to provide for paying over of estate
proceeds to boards of education; to provide a three-year claim period
and procedures for submitting a claim against a board of education
after receipt of escheated estates; to provide for notice in certain
instances after the three-year period; to provide for the sufficiency of
notice by publication; to provide for the conclusiveness of proceed-
ings; to provide for exceptions; to provide for the payment of
expenses; to provide for descent and distribution in certain cases
despite apparent escheat; 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 44 of the Official Code of Georgia
Annotated, relating to acquisition and loss of property, is amended by
striking in its entirety Article 8, relating to escheat of property, which
reads as follows:
ARTICLE 8
44-5-190. Escheat results when an intestate leaves no heirs; in
such a case the estate of the intestate reverts to the state. In no other
case does an estate escheat.
44-5-191. As soon as he obtains possession of the estate as
administrator, the administrator shall make known to the judge of the
probate court the fact that the estate has apparently escheated to the
state. The judge shall pass an order requiring the administrator to
notify all persons who may be interested as next of kin of such
GEORGIA LAWS 1984 SESSION
1125
deceased person of the facts and date of his death, the amount of the
estate, and the pendency of proceedings to escheat same. Such
notification shall be by publication for six months in one or more
newspapers in this and other states, according to the circumstances of
each case. If no person appears and claims to be an heir within 12
months from the date of the first publication, the judge shall pass an
order declaring the property of the estate escheated to the state. If
any person claims the property alleged to be escheated, the claim
shall be interposed and tried as are claims at administrators sales.
44-5-192. In all trials arising in reference to escheated property,
the district attorney shall be ex officio counsel for the administrator.
44-5-193. In each county, the proceeds of escheated property
shall be paid to the treasurer of the educational fund of such county
and shall become a part of such fund.
44-5-194. At any time within six years after the order declaring
the estate escheated or, if laboring under any disability, within three
years after the removal of the disability, the heir of the deceased
person may bring an action against the treasurer of the county
educational fund for the principal of the proceeds received from the
escheated property, without interest; and, upon proof of his right
thereto, he may recover the same, without costs.
44-5-195. (a) When the husband, wife, or adopted child of an
intestate was his heir and such heir dies intestate and without
ascertainable heirs before receiving possession of the property of his
estate, such property shall not escheat to the state but shall descend
to the blood heirs of the original intestate if there are blood heirs of
the original intestate who would have inherited his property if the
marriage or adoption had not occurred.
(b) The property shall be reduced to cash by the intestates
administrator under existing laws. The death of the wife, husband, or
adopted child of the intestate and the nonexistence of the heirs of
such wife, husband, or adopted child may be ascertained by advertise-
ment as provided in the case of escheats. Should such persons not
appear, the fund, less the expenses of the proceedings, shall be paid
over as provided in subsection (a) of this Code section.,
and inserting in its place a new Article 8 to read as follows:
1126
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 8
44-5-190. Escheat results when an intestate leaves no heirs; in
such a case the estate of the intestate reverts to the state. In no other
case does an estate escheat.
44-5-191. (a) After a period of five years has elapsed from the
time of qualification of an administrator, on all estates for which no
person has appeared and claimed to be an heir there shall be a
presumption of escheat of such estates.
(b) The administrator shall notify the court that such five-year
period has elapsed. Upon notification, the judge of the probate court
shall issue an order calling for publication in the legal organ of the
county the following notice to heirs of the estate:
IN THE PROBATE COURT OF______________COUNTY
STATE OF GEORGIA
In re )
estate of____________ ) File no.
NOTICE OF ESCHEAT
Notice is given to the heirs of the estate of________
that on or after_______, 19_____, in accordance with Article 8
of Chapter 5 of Title 44 of the Official Code of Georgia Annotated,
the proceeds from property contained in said estate shall be
declared escheated and paid over to the__________Board of
Education.
This________day of_______, 19__.
Judge
(c) Where, on the effective date of this article, funds of an estate
have been held in the registry of the probate court for five years and
there exists no other administrator for such estate, the judge of the
probate court may appoint the county administrator to proceed with
the escheat of such estate pursuant to this article without the passage
of an additional five-year period.
GEORGIA LAWS 1984 SESSION
1127
44-5-192. The notice provided in subsection (b) of Code Section
44-5-191 shall be published once a week for four weeks. On the first
Monday following the month in which publication ends, if no heir
appears, the proceeds of the escheated estate shall be paid over to the
board of education of the school district in which the intestate resided
and become a part of the educational fund. If the intestate was not a
resident of the county, the proceeds shall be paid over to the county
board of education.
44-5-193. When the proceeds of an escheated estate are paid
over to a board of education, no further proceedings shall be neces-
sary in the probate court to terminate administration of the estate.
44-5-194. (a) For a period of three years following the receipt
of the proceeds of an escheated estate by a board of education, an heir
shall be entitled to file a claim to such estate in the form of a civil
action in the superior court of the county. The claim shall be tried as
are other civil actions.
(b) The district attorney of the county in which the board of
education lies shall be counsel ex officio for the board in such cases.
(c) If no heir files a claim by the end of the three-year period, the
board of education shall publish the following advertisement once
each month for a period of three months in the legal organ of the
county:
NOTICE TO HEIRS
OF ESTATE OF SiMHgfMMg
The_______________Board of Education has had in its pos-
session for three years the proceeds of the estate of
______________. On the_______ day of , 19____, such
proceeds shall by operation of law be conclusively and finally
escheated if no claim is filed by an heir in the Superior Court of
__________County before such date.
Chairman
(d) No advertisement shall be necessary if the proceeds of the
escheated estate are less than $5,000.00.
1128
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) (1) On the first day of the month following the last date of
advertisement, if no claim is filed, the proceeds of the estate shall
be conclusively escheated.
(2) In the case of estates containing proceeds of less than
$5,000.00, conclusive escheat occurs at the end of three years if no
claim is filed.
44-5-195. Where required by this article, notice by publication
shall be deemed sufficient and legal notice to all heirs of estates,
provided that the procedures required by this article are followed.
44-5-196. Proceedings under this article shall be conclusive upon
and bind all heirs of estates.
44-5-197. Nothing in this article shall prevent a board of educa-
tion, in its discretion and upon proper proof, to return any estate
proceeds to any heir.
44-5-198. All expenses incurred in the administration of this
article shall be paid from the proceeds of the subject estate.
44-5-199. (a) When the husband, wife, or adopted child of an
intestate was his heir and such heir dies intestate and without
ascertainable heirs before receiving possession of the property of his
estate, such property shall not escheat to the state but shall descend
to the blood heirs of the original intestate if there are blood heirs of
the original intestate who would have inherited his property if the
marriage or adoption had not occurred.
(b) The property shall be reduced to cash by the intestates
administrator under existing laws. The death of the wife, husband, or
adopted child of the intestate and the nonexistence of the heirs of
such wife, husband, or adopted child may be ascertained by advertise-
ment as provided in the case of escheats. Should such persons not
appear, the fund, less the expenses of the proceedings, shall be paid
over as provided in subsection (a) 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.
GEORGIA LAWS 1984 SESSION
1129
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
STATE CONSTRUCTION INDUSTRY LICENSING
BOARD LOW VOLTAGE CONTRACTING.
Code Title 43, Chapter 14 Amended.
No. 1238 (House Bill No. 1292).
AN ACT
To amend Chapter 14 of Title 43 of the Official Code of Georgia
Annotated, relating to the State Construction Industry Licensing
Board, so as to provide for the licensing of low-voltage contracting; to
provide for legislative purpose; to change and add certain definitions;
to provide for an additional Division of Low-voltage Contractors; to
change certain provisions relating to the composition, organization,
officers, and powers of the board; to change certain provisions relat-
ing to powers and duties of the divisions of the board; to provide for
license application, examination, issuance, and renewal; to provide
for certain notifications; to change certain provisions relating to
applicability and exceptions; to prohibit unlicensed low-voltage con-
tracting and provide penalties therefor; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia
Annotated, relating to the State Construction Industry Licensing
Board, is amended by striking Code Section 43-14-1, relating to
legislative purpose, and inserting in its place a new Code section to
read as follows:
1130
GENERAL ACTS AND RESOLUTIONS, VOL. I
43-14-1. This chapter is enacted for the purpose of safeguard-
ing homeowners, other property owners, tenants, and the general
public against faulty, inadequate, inefficient, or unsafe electrical,
plumbing, low-voltage wiring, or conditioned air installations. The
practice of electrical contracting, plumbing contracting, installing, or
repairing,low-voltage contracting, 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.
Section 2. Said chapter is further amended by adding in Code
Section 43-14-2, relating to definitions, immediately preceding para-
graph (1) thereof a new paragraph to read as follows:
(.1) Alarm system means any device or combination of devices
used to detect a situation, causing an alarm in the event of a burglary,
fire, robbery, medical emergency, or equipment failure, or on the
occurrence of any other predetermined event.,
by striking paragraph (6) thereof and inserting in its place a new
paragraph (6) to read as follows:
(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 but shall not
include low-voltage contracting.,
by adding after paragraph (8) thereof a new paragraph (8.1) to read as
follows:
(8.1) General system means any electrical system, other than
an alarm or telecommunication system, involving low-voltage
wiring.,
by adding after paragraph (10) thereof the following new paragraphs:
(10.1) Low-voltage contracting means the installation, altera-
tion, service, or repair of a telecommunication system, alarm system,
or general system involving low-voltage wiring.
(10.2) Low-voltage contractor means an individual who is
engaged in low-voltage contracting under express or implied contract
GEORGIA LAWS 1984 SESSION
1131
or who bids for, offers to perform, purports to have the capacity to
perform, or does perform low-voltage contracting services under
express or implied contract. An employee of a low-voltage contractor
who receives only a salary or hourly wage for performing low-voltage
contracting work shall not be required to be licensed under this
chapter, except that those employees upon whom the qualification of
a partnership or corporation rests, as outlined in subsection (b) of
Code Section 43-14-8.1 shall be licensed.
(10.3) Low-voltage wiring means:
(A) Wiring systems of 50 volts or less and control circuits
directly associated therewith;
(B) Wiring systems having a voltage in excess of 50 volts,
provided such systems consist solely of power limited circuits
meeting the definition of a Class II and Class III wiring system as
defined in Article 725 of the National Electrical Code; or
(C) Line voltage wiring having a voltage not in excess of 300
volts to ground and installed from the load-side terminals of a
suitable disconnecting means which has been installed for the
specific purpose of supplying the low-voltage wiring system
involved or installed from a suitable junction box which has been
installed for such specific purpose.,
and by adding after paragraph (12) thereof a new paragraph to read as
follows:
(12.1) Telecommunication system means a switching system
and associated apparatus which performs the basic function of two-
way voice or data service, or both, and which can be a commonly
controlled system capable of being administered both locally and
remotely via secured access.
Section 3. Said chapter is further amended by striking from
subsection (c) of Code Section 43-14-3, relating to the creation of the
State Construction Industry Licensing Board, the following:
(c) The board shall be composed of 17 members,
and inserting in its place the following:
1132
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The board shall be composed of 22 members,
by striking from the end of paragraph (3) of said subsection (c) the
following:
and,
and inserting in its place the following:
U.99
9 9
by redesignating paragraph (4) of said subsection (c) as paragraph (5),
and inserting immediately prior thereto a new paragraph (4) to read
as follows:
(4) Five members known as the Division of Low-voltage Con-
tractors, one of whom shall be an alarm system low-voltage contrac-
tor, one of whom shall be an unrestricted low-voltage contractor, one
of whom shall be a telecommunication system low-voltage contractor,
one of whom shall be a professional electrical engineer, and one of
whom shall be the chief electrical inspector of a county or municipal-
ity; and,
and by adding in subsection (d) thereof immediately after the follow-
ing:
June 30,1987.,
the following:
Members of the Division of Low-voltage Contractors shall be
appointed by the Governor, subject to confirmation by the Senate, for
initial terms beginning July 1,1984, and ending June 30,1987.
Section 4. Said chapter is further amended by striking subsec-
tion (b) of Code Section 43-14-4, relating to meetings and organiza-
tion of the board, and inserting in its place a new subsection to read as
follows:
(b) The office of chairman shall be rotated among the four
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-
GEORGIA LAWS 1984 SESSION
1133
pired term. The person selected to fill the vacancy shall be a member
of the same division as the previous chairman.
Section 5. Said chapter is further amended by striking para-
graphs (2) and (4) of Code Section 43-14-5, relating to powers of the
board, and inserting in their respective places new paragraphs to read
as follows:
(2) Provide by regulation for reciprocity with other states in the
registration and licensing of electrical contractors, master plumbers,
journeyman plumbers, low-voltage contractors, or conditioned air
contractors, provided that such other states have requirements sub-
stantially equal to the requirements in force in this state for registra-
tion and licensure; provided, further, that a similar privilege is offered
to residents of this state;
(4) Establish the policies for regulating the businesses of elec-
trical contracting, plumbing, low-voltage, and conditioned air con-
tracting; and.
Section 6. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-14-6, relating to duties of the various
divisions of the board, and inserting in its place a new subsection (a)
to read as follows:
(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; the Division of Low-voltage Con-
tractors, with respect to applicants for a license to engage in or
licensees engaging in the business of low-voltage contracting; 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 and, in the case of low-voltage contractors, upon
such additional information deemed necessary by the division
1134
GENERAL ACTS AND RESOLUTIONS, VOL. I
licensing such contractors in order to protect the safety and
welfare of the public;
(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. The Division of
Low-voltage Contractors shall prepare separate examinations for
Low-voltage Contractor Class LV-A, Low-voltage Contractor
Class LV-T, Low-voltage Contractor Class LV-U, and Low-volt-
age Contractor Class LV-G. Class LV-A licenses shall be
restricted to alarm and general system low-voltage contracting,
Class LV-T licenses shall be restricted to telecommunication and
general system low-voltage contracting, Class LV-G licenses shall
be restricted to general system low-voltage contracting, and Class
LV-U licenses shall be unrestricted and permit the performance of
alarm, telecommunication, and general system low-voltage con-
tracting;
(3) Register and license and issue renewal licenses bienni-
ally to all persons meeting the qualifications for a license. The
following licenses shall be issued by the divisions:
(A) Electrical Contractor Class I;
(B) Electrical Contractor Class II;
GEORGIA LAWS 1984 SESSION
1135
(C) Master Plumber Class I;
(D) Master Plumber Class II;
(E) Journeyman Plumber;
(F) Conditioned Air Contractor Class I;
(G) Conditioned Air Contractor Class II;
(H) Low-voltage Contractor Class LV-A;
(I) Low-voltage Contractor Class LV-T;
(J) Low-voltage Contractor Class LV-G; and
(K) Low-voltage Contractor Class LV-U;
(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;
1136
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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
(G) The performance of any faulty, inadequate, ineffi-
cient, or unsafe electrical, plumbing, low-voltage contracting,
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, or by other
codes or regulations which have been adopted by the board,
shall be prima-facie evidence of the faulty, inadequate, ineffi-
cient, or unsafe character of such electrical, plumbing, low-
voltage contracting, or conditioned air work; provided, how-
ever, 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 sus-
pended 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.
Section 7. Said chapter is further amended by adding immedi-
ately following Code Section 43-14-8 a new Code section to read as
follows:
43-14-8.1. (a) For purposes of this Code section only, divi-
sion means the Division of Low-voltage Contractors.
(b) ''No person shall engage in alarm system, general system, or
telecommunication system low-voltage contracting unless such
person has a valid license therefor from the Division of Low-voltage
Contracting.
GEORGIA LAWS 1984 SESSION
1137
(c) Any person desiring to qualify under the provisions of this
subsection who meets the requirements of this subsection, submits
proper application prior to and including December 31, 1984, and
pays or has paid the required fees and is not otherwise in violation of
this chapter shall be issued a state-wide Low-voltage Contractor Class
LV-A, LV-G, LV-U, or LV-T license without examination. An
individual desiring to obtain Low-voltage Contractor Class LV-T
shall submit to the division an affidavit sworn before a notary public
which outlines the experience of said individual in the practice of low-
voltage wiring relating to telecommunication systems. An individual
desiring to obtain a Low-voltage Contractor Class LV-A license shall
submit to the division an affidavit, sworn before a notary public,
which outlines the experience of said individual in the practice of low-
voltage wiring relating to alarm systems. An individual desiring to
obtain a Low-voltage Contractor Class LV-G license shall submit to
the division an affidavit, sworn before a notary public, which outlines
the experience of said individual in the practice of low-voltage wiring
relating to general systems. Each such affidavit for licensure shall
describe in detail the installation of at least three complete low-
voltage wiring jobs which shall demonstrate that the individual has
successfully performed low-voltage wiring in the area of licensure
requested for a period of at least one year immediately prior to the
time of application. An individual desiring to obtain a Low-voltage
Contractor Class LV-U license shall submit to the division an applica-
tion, sworn before a notary public, which outlines the experience of
said individual in the practice of low-voltage wiring relating to alarm
and telecommunication systems and which describes in detail the
installation of at least six complete low-voltage wiring jobs, three in
alarm and three in telecommunication systems, which shall demon-
strate that the individual has successfully performed low-voltage
wiring in those areas for a period of at least one year immediately
prior to the time of application.
(d) 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 the
vocation of low-voltage contracting after December 31, 1984, shall
take the examination and qualify under this Code section before
engaging in such vocation.
(e) No partnership or corporation shall have the right to engage
in the business of low-voltage contracting unless there is regularly
1138
GENERAL ACTS AND RESOLUTIONS, VOL. I
connected with such partnership or corporation a person or persons,
actually engaged in the performance of such business on a full-time
basis and supervising the low-voltage systems installation, repair,
alteration, and service work of all employees of such partnership or
corporation, who have valid licenses issued to them as provided in this
chapter. In cases where a partnership or corporation has more than
one office location from which low-voltage contracting is performed,
at least one person stationed in each branch office of such partnership
or corporation, engaged in the performance of low-voltage contracting
on a full-time basis and supervising the low-voltage wiring systems
installation, repair, alteration, and service work of all employees of
such branch office locations, shall have a valid license issued as
provided in this Code section.
(f) It shall be the duty of all partnerships and corporations
qualified under this Code section to notify the division, in accordance
with board rules, of severance of connection with such partnership or
corporation of any person or persons upon whom the qualification of
any such partnership or corporation rested.
(g) All applicants for examinations and licenses provided for by
this Code section and all applicants for renewal of licenses under this
Code section shall be required to fill out a form which shall be
provided by the division, which form shall show whether or not the
applicant is an individual, partnership, or corporation and, if a
partnership or corporation, the names and addresses of the partners
or the names and addresses of the officers, when and where formed or
incorporated, and such other information as the division in its discre-
tion may require. All forms of application for renewal of licenses shall
also show whether or not the applicant, if it is a partnership or
corporation, still has connected with it a duly qualified person
holding a license issued by the division.
(h) The division shall notify each local governing authority of
the provisions of this chapter relating to licensure, especially the
provisions of subsection (b) of this Code section. The division shall
notify such governing authorities that after December 31, 1984, any
person desiring a license to engage in the vocation of low-voltage
contracting shall be required to pass an examination as provided in
this chapter.
Section 8. Said chapter is further amended by striking Code
Section 43-14-15, relating to general applicability, and inserting in its
place a new Code section to read as follows:
GEORGIA LAWS 1984 SESSION
1139
43-14-15. (a) This chapter shall apply to all installations,
alterations, and repairs of plumbing, air-conditioning and heating, or
electrical or low-voltage wiring 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 ser-
vices, except low-voltage wiring 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 municipality 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 sys-
tems, except low-voltage wiring systems, where such work is an
integral part of the system owned or operated, in rendering its duly
authorized service as such, by a railroad company, pipeline company,
mining company, or public utility or municipal utility in the exercise
of its normal functions as a public utility or where such work is an
integral part of any irrigation system on farms, ranches, or other open,
unpopulated areas where such work will not be located within 30 feet
of any dwelling or any building devoted to animal husbandry.
(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 or low-voltage
wiring 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 or low-voltage wiring 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 provi-
sions 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,
1140
GENERAL ACTS AND RESOLUTIONS, VOL. I
municipality, or other political subdivision from installing, altering,
or repairing plumbing, plumbing fixtures, air-conditioning and heat-
ing fixtures, or electrical or low-voltage wiring 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 or low-voltage wiring services in a
farm or ranch service building. Nothing in this subsection shall be
construed to limit the application of any resolution, ordinance, code,
or inspection requirements of a county or municipality relating to
such connections.
(h) This chapter shall not apply to low-voltage wiring performed
by public utilities, except that such portion of the business of those
public utilities which involves the installation, alteration, repair, or
service of telecommunication systems for profit shall be covered
under this chapter.
Section 9. Said chapter is further amended by striking Code
Section 43-14-16, relating to exemptions, and inserting in its place a
new Code section to read as follows:
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; or
(2) 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) Reserved.
GEORGIA LAWS 1984 SESSION
1141
(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, low-voltage wiring, or conditioned air work
unless the employer is engaged in the practice of plumbing, electrical,
low-voltage wiring, 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, low-voltage contracting, or conditioned air contracting, but only
as prescribed by the license, throughout this state; and, except as
provided in Code Section 43-14-13, no municipality or county may
require such person to comply with any additional licensing require-
ments 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 or low-voltage wiring services in a
farm or ranch service building. Nothing in this subsection shall be
construed to limit the application of any resolution, ordinance, code,
or inspection requirements of a county or municipality relating to
such connections.
(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;
(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 require-
ments of a county or municipality relating to such connections.
1142
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
Section 10. This Act shall become effective July 1,1984.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved March 29,1984.
ALCOHOLIC BEVERAGES WINE FARM
WINERIES, LICENSING REQUIREMENTS.
Code Title 3, Chapter 6 Amended.
No. 1239 (House Bill No. 1473).
AN ACT
To amend Chapter 6 of Title 3 of the Official Code of Georgia
Annotated, relating to the regulation and taxation of wine, so as to
change the definition of farm winery; to provide that state licensed
wineries shall under certain conditions need no license from a county
or municipality to manufacture wine or sell wine at wholesale; 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 the regulation and taxation of wine, is
amended by striking from Code Section 3-6-21.1, relating to farm
wineries, paragraph (1) of subsection (a) which reads as follows:
(1) Farm winery means a domestic winery located on prem-
ises, a substantial portion of which is used for agricultural purposes,
GEORGIA LAWS 1984 SESSION
1143
including the cultivation of grapes, berries, or fruits to be utilized in
the manufacture or production of wine by the winery. ,
and inserting in its place a new paragraph to read as follows:
(1) Farm winery means a domestic winery located on prem-
ises, 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, or a domestic
winery which:
(A) Makes at least 40 percent of its annual production from
agricultural produce grown in this state;
(B) Is owned and operated by persons who are engaged in
the production of a substantial portion of the Georgia agricultural
produce used in its annual production; and for this purpose such
production of a substantial portion of such Georgia agricultural
produce shall be determined by the commissioner; and
(C) Produces less than 100,000 gallons per year.
Section 2. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 3-6-40, relating to local wine
license requirements, and inserting in its place a new subsection (a) to
read as follows:
(a) Except as otherwise provided in this Code section, the
businesses of manufacturing, distributing, and selling wine at whole-
sale or retail shall not be conducted in any county or incorporated
municipality of this state without a license from the governing
authority of the county or municipality. A farm winery, as defined in
Code Section 3-6-21.1, which is qualified and licensed by the state
shall need no county or municipal license to manufacture wine or to
distribute such wine at wholesale in accordance with this chapter if
the farm winery has given to the municipal or county governing
authority 60 days written notice of its intention to commence opera-
tions in the county or municipality and the county or municipal
governing authority has not within said 60 day period adopted a
resolution prohibiting the farm winery from commencing operations
in the county or municipality without a local license.
1144
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
MOTOR VEHICLE TRAFFIC OFFENSES
AUTHORITY OF COURTS TO CHANGE OR MODIFY
JUDGMENTS OR SENTENCES LIMITED
PROCEDURES.
Code Section 40-13-32 Enacted.
No. 1240 (Senate Bill No. 61).
AN ACT
To amend Article 2 of Chapter 13 of Title 40 of the Official Code of
Georgia Annotated, relating to arrests, trials, and appeals in the
prosecution of traffic offenses, so as to provide procedures and
requirements relative to changing or modifying traffic law sentences
or judgments rendered pursuant to a conviction, plea of guilty, or plea
of nolo contendere; to provide for certification to the Department of
Public Safety; to provide for other matters relative thereto; to provide
an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 13 of Title 40 of the Official
Code of Georgia Annotated, relating to arrests, trials, and appeals in
the prosecution of traffic offenses, is amended by adding immediately
following Code Section 40-13-31 a new Code section, to be designated
Code Section 40-13-32, to read as follows:
40-13-32. (a) No court having jurisdiction over cases arising
out of the traffic laws of this state or the traffic laws of any county or
municipal government shall change or modify a traffic law sentence or
GEORGIA LAWS 1984 SESSION
1145
judgment rendered pursuant to a conviction, plea of guilty, or plea of
nolo contendere after 90 days from the date of judgment, except for
the purpose of correcting clerical errors therein, unless there is strict
compliance with all of the following requirements:
(1) A motion to change or modify the sentence or judgment
is made by the defendant to the court rendering the judgment;
(2) Notice, including a copy of the motion and rule nisi, is
given to the prosecuting official who brought the original charge at
least ten days prior to the motion hearing; and
(3) A hearing is held with opportunity for the state to be
heard.
(b) If the original judgment is changed or modified pursuant to
this Code section, the judge shall certify to the Department of Public
Safety that such change or modification is a true and correct copy of
the change or modification and that the requirements set forth in
paragraphs (1) through (3) of subsection (a) of this Code section have
been met.
(c) Except for orders correcting clerical errors, the Department
of Public Safety shall not recognize as valid any change or modifica-
tion order nor make any changes to a drivers history unless such
change or modification as submitted to the department is in strict
compliance with the requirements set forth in subsections (a) and (b)
of this Code section.
(d) In the case of municipal courts, notice to the city attorney or
to the solicitor in those cases where the municipal court has a
solicitor, shall be deemed to be notice as provided for herein.
(e) In all cases wherein notice is required herein, same shall be
deemed sufficient if sent by certified mail, return receipt, with
adequate postage thereon, to the correct address of the prosecuting
official.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1146
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
PROFESSIONAL ENGINEERS AND LAND
SURVEYORS LAW AMENDED.
Code Title 43, Chapter 15 Amended.
No. 1241 (Senate Bill No. 363).
AN ACT
To amend Chapter 15 of Title 43 of the Official Code of Georgia
Annotated, relating to professional engineers and land surveyors, so
as to delete certain provisions relating to the transacting of business;
to correct certain Code citations; to delete certain provisions relating
to residency of applicants; to change the provisions relative to regis-
tration by comity; to delete certain provisions relating to temporary
permits; 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 15 of Title 43 of the Official Code of Georgia
Annotated, relating to professional engineers and land surveyors, is
amended by striking in its entirety subsection (b) of Code Section 43-
15-4, relating to frequency of meetings, and inserting in lieu thereof a
new subsection (b) to read as follows:
(b) The board shall meet at such times as the business of the
board shall require, as the board or its chairman may determine, but
shall hold one annual meeting each year at which time the board shall
elect a chairman and a vice-chairman.
GEORGIA LAWS 1984 SESSION
1147
Section 2. Said chapter is further amended by striking in its
entirety subparagraph (A) of paragraph (3) of Code Section 43-15-9,
relating to qualifications of professional engineers, and inserting in
lieu thereof a new subparagraph (A) to read as follows:
(3) (A) Obtain certification by the board as an engineer-in-
training under paragraph (3) of Code Section 43-15-8;.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 43-15-15, relating to applications for certifi-
cates generally, and inserting in lieu thereof a new Code Section 43-
15-15 to read as follows:
43-15-15. (a) Applications for certificates and for certificates
of registration shall be made under oath to the board and shall
contain such information in the form and manner as shall be pre-
scribed by the board. The application shall be accompanied by a fee in
an amount prescribed by the board.
(b) No individual shall be eligible for a certificate or a certificate
of registration under this chapter who is not of good character and
reputation.
(c) If the board denies an application on the ground that the
applicant lacks the requisite experience to admit him to the examina-
tion, the board may impose on the applicant a period of deferment on
the filing of a new application, during which period the board shall
not be required to accept for filing a new application by the applicant.
The period of deferment shall not exceed the time reasonably
required to acquire the requisite experience.
(d) An application shall contain the names of not less than five
persons, not related to the applicant by blood or marriage, of whom at
least three shall be professional engineers or land surveyors having
personal knowledge of the experience on which the applicant predi-
cates his qualifications.
(e) Experience required under this chapter shall be of a charac-
ter and nature approved by the board and consistent with the
purposes of this chapter.
Section 4. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-15-16, relating to registration by comity,
1148
GENERAL ACTS AND RESOLUTIONS, VOL. I
and substituting in lieu thereof a new subsection (a) to read as follows:
(a) The board may, in its discretion, upon application therefor
and the payment of a fee prescribed by the board, issue a certificate of
registration as a professional engineer to any individual who holds a
certificate of qualification or registration issued to him by proper
authority of the National Council of Engineering Examiners or of any
state or territory or possession of the United States if the require-
ments of the registration of professional engineers under which the
certificate of qualification or registration was issued do not conflict
with this chapter and are of a standard not lower than that specified
in this chapter or if the applicant held such certificate on or before
July 1,1956. The fact that the statute under which the individual was
issued a certificate of qualification or registration in another state
does not provide that the required written examination be passed
subsequent to the acquisition of the required experience shall not be
deemed as a conflict with, or lower than, the Georgia requirements,
provided that the written examination and the amount of experience
required for registration are substantially equivalent to the Georgia
requirements.
Section 5. Said chapter is further amended by striking subsec-
tion (a) of Code Section 43-15-21, relating to temporary permits, and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) The board, or its delegate, in its sole discretion, may issue a
temporary permit to a person who is not a resident of and who has no
established place of business in this state, or who has recently become
a resident thereof, to permit him, in accordance with the conditions of
the temporary permit, to practice or offer to practice engineering in
this state if:
(1) An application for a certificate of registration has been
filed with the board and the fee required by this chapter has been
paid;
(2) The applicant is legally qualified to practice such profes-
sion in the state or country of the applicants residence or former
residence; and
(3) The requirements and qualifications for obtaining a
certificate of registration in that jurisdiction are not lower than
those specified in this chapter.
GEORGIA LAWS 1984 SESSION
1149
Section 6. Said chapter is further amended by striking subsec-
tions (d) and (e) of Code Section 43-15-21, relating to temporary
permits, and inserting in lieu thereof new subsections (d) and (e) to
read as follows:
(d) Plans, specifications, plats, and reports issued by a person
holding a temporary permit shall bear his signature and a stamp
containing his name, business address, and Georgia Professional
Engineer Temporary Permit No._______The signature and stamp shall
be affixed only in accordance with the requirements of subsection (b)
of Code Section 43-15-22.
(e) A person who has obtained a temporary permit and practices
in accordance therewith is deemed to be a professional engineer for
purposes of this chapter, but a temporary permit shall not be deemed
to be a registration under any provision of this chapter, including, by
way of illustration and not limitation, Code Section 43-15-23.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
COURTS CIVIL PRACTICE VENUE AS TO
THIRD-PARTY DEFENDANTS, ETC.
Code Section 9-10-34 Enacted.
Code Section 15-5-50 Enacted.
No. 1242 (Senate Bill No. 370).
AN ACT
To amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official
Code of Georgia Annotated, relating to venue in civil practice, so as to
provide that venue may be proper in a county other than the county
1150
GENERAL ACTS AND RESOLUTIONS, VOL. I
of residence of a person or entity impleaded into a pending civil case
by a defending party who contends that such person or entity is or
may be liable to said defending party for all or part of the claim
against said defending party; to amend Chapter 5 of Title 15 of the
Official Code of Georgia Annotated, relating to the administration of
courts of record, so as to provide that no court of record in this state
shall be required to refund any overpayment of court costs in an
amount not exceeding $5.00 or to collect any due court costs in an
amount of less than $5.00 over the initial filing fee; to provide for
related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 1 of Article 2 of Chapter 10 of Title 9 of the
Official Code of Georgia Annotated, relating to venue in civil practice,
is amended by adding a new Code Section 9-10-34 to read as follows:
9-10-34. (a) As used in this Code section, the term:
(1) Defending party means a party to a civil action who is:
(A) A defendant who contends that a person or entity
not a party to the action is or may be liable to the defendant
for all or part of a plaintiffs claim against the defendant;
(B) A plaintiff who contends that a person or entity not
a party to the action is or may be liable to the plaintiff for all
or part of another partys claim against the plaintiff; and
(C) A third-party defendant who contends that a
person or entity not a party to the action is or may be liable to
the third-party defendant for all or part of a claim made in
the action against the third-party defendant.
(2) Third-party defendant means any person or entity
whom a defending party contends may be liable to the defending
party for all or part of the claim made against the defending party
in the action.
(b) The claim of a defending party against a third-party defend-
ant may be tried in the county where the action in which the claim for
which the third-party defendant may be wholly or partially liable to
GEORGIA LAWS 1984 SESSION
1151
the defending party is pending; and such claim may be tried in such
county even though the third-party defendant is not a resident of
such county.
(c) The venue established under this Code section against a
third-party defendant is dependent upon the venue over the defend-
ing party who brought the third-party defendant into the action, and
if venue is lost over said defending party, whether through dismissal
or otherwise, venue shall likewise be lost as to the third-party
defendant.
Section 2. Chapter 5 of Title 15 of the Official Code of Georgia
Annotated, relating to the administration of courts of record, is
amended by adding a new article immediately following Article 3, to
be designated Article 4, to read as follows:
Article 4
15-5-50. No court of record in this state shall be required to
refund any overpayment of court costs in an amount not exceeding
$5.00 or to collect any due court costs in an amount of less than $5.00
over the initial filing fee.
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 29,1984.
1152
GENERAL ACTS AND RESOLUTIONS, VOL. I
PUBLIC OFFICERS AND EMPLOYEES MANNER
OF FILLING VACANCIES IN CERTAIN OFFICES.
Code Title 45, Chapter 5, Title 2,
Chapter 2, and Title 34, Chapter 2 Amended.
Code Section 45-14-10 Repealed.
No. 1243 (Senate Bill No. 498).
AN ACT
To amend Code Section 45-5-3 of the Official Code of Georgia
Annotated, relating to filling vacancies in certain offices, so as to
provide for special elections to fill vacancies for the unexpired term in
certain elective public offices under certain circumstances; to provide
for other matters relative thereto; to amend Code Section 2-2-3 of the
Official Code of Georgia Annotated, relating to the term of office and
filling vacancies in the office of the Commissioner of Agriculture, so as
to delete the provision relative to filling a vacancy; to amend Code
Section 34-2-3 of the Official Code of Georgia Annotated, relating to
the election, term of office, and filling a vacancy in the office of
Commissioner of Labor, so as to delete the provision relative to filling
a vacancy; to repeal Code Section 45-14-10 of the Official Code of
Georgia Annotated, relating to the Comptroller General leaving office
and the filling of vacancies in said office; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-5-3 of the Official Code of Georgia
Annotated, relating to filling vacancies in certain offices, is amended
by striking said Code section, which reads as follows:
45-5-3. In all cases where the office of Governor, Senator,
Representative, Justice of the Supreme Court, Judge of Court of
Appeals, judge of the superior court, Attorney General, district
attorney, Secretary of State, Comptroller General, judge of the pro-
bate court, sheriff, clerk of the superior court, tax collector, tax
receiver, county treasurer, county surveyor, or coroner shall become
vacant by resignation, death, or the removal of the officer before the
expiration of his term, the successor to said officer shall be elected or
appointed only for the remainder of the unexpired term.,
GEORGIA LAWS 1984 SESSION
1153
in its entirety and substituting in lieu thereof a new Code Section 45-
5-3 to read as follows:
45-5-3. (a) In those instances where the law applicable to an
elective public office does not provide for filling a vacancy in such
office and the Governor fills such vacancy pursuant to the authority
of Article V, Section II, Paragraph VIII, subparagraph (a) of the
Constitution and in those instances where the Governor fills a
vacancy in the office of district attorney pursuant to Article VI,
Section VIII, Paragraph I, subparagraph (a) of the Constitution, the
vacancy shall be filled as follows:
(1) If the vacancy occurs during the final 27 months of a
term of office, the Governor shall appoint a person to fill such
vacancy for the remainder of the unexpired term of office; or
(2) If the vacancy occurs at any time prior to the time
specified in paragraph (1) of this subsection, the Governor shall
appoint a person to fill such vacancy until such vacancy is filled for
the unexpired term of office at a special election provided for in
subsection (b) of this Code section.
(b) When a special election is required to fill a vacancy for the
unexpired term of office as provided by paragraph (2) of subsection
(a) of this Code section, such special election shall be held on the same
date as the general election which is first held following the date of the
vacancy.
(c) It shall be the duty of the appropriate state or local election
officials to call and conduct the special elections required by subsec-
tion (b) of this Code section in accordance with the applicable
provisions of Chapter 2 of Title 21, known as the Georgia Election
Code. Any person elected to fill a vacancy pursuant to subsection (b)
of this Code section shall possess the qualifications to seek and hold
such office provided by law applicable to the office wherein the
vacancy occurred.
(d) The provisions of this Code section shall not apply to a
vacancy which occurs in any elective office of a municipality of this
state.
Section 2. Code Section 2-2-3 of the Official Code of Georgia
Annotated, relating to the term of office, removal, and filling a
1154
GENERAL ACTS AND RESOLUTIONS, VOL. I
vacancy in the office of Commissioner of Agriculture, is amended by
striking said Code section in its entirety and substituting in lieu
thereof a new Code Section 2-2-3 to read as follows:
2-2-3. The term of office of the Commissioner shall be for four
years or until his successor is elected and qualified, unless he is
removed in the manner prescribed by law for the removal of officers
of the state government.
Section 3. Code Section 34-2-3 of the Official Code of Georgia
Annotated, relating to the election, term of office, and filling a
vacancy in the office of Commissioner of Labor, is amended by
striking subsection (b) in its entirety and substituting in lieu thereof a
new subsection (b) to read as follows:
(b) The Commissioner shall be elected by those persons enti-
tled to vote for the members of the General Assembly, and his term
shall be for four years.
Section 4. Code Section 45-14-10 of the Official Code of Georgia
Annotated, relating to the Comptroller General leaving office and the
filling of vacancies in said office, which reads as follows:
45-14-10. If the Comptroller General shall resign or be
removed, he shall immediately state his account and deliver every-
thing pertaining to his office to his successor; or if he shall die,
abscond, or absent himself for as long as 30 days without the Gover-
nors permission, the Governor may, without delay, declare the office
vacant, fill his place by appointment, examine the condition of his
office, and deliver it over to the appointee.,
is repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
1155
TEACHERS RETIREMENT SYSTEM OF GEORGIA
BOARD OF TRUSTEES COMPOSITION, ETC.
Code Section 47-3-21 Amended.
No. 1244 (House Bill No. 256).
AN ACT
To amend Code Section 47-3-21 of the Official Code of Georgia
Annotated, relating to the Board of Trustees of the Teachers Retire-
ment System of Georgia, so as to designate the composition of the
board of trustees; to provide the method of selection of the members
of the board of trustees; to provide a beginning date for initial terms;
to provide for a nominating committee and for its duties; to provide
for other matters relative to the foregoing; to provide effective dates;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 47-3-21 of the Official Code of Georgia
Annotated, relating to the Board of Trustees of the Teachers Retire-
ment System of Georgia, is amended by striking subsection (a), which
reads as follows:
(a) There is created a board of trustees which shall consist of
ten trustees as follows:
(1) The state auditor, ex officio;
(2) The Insurance Commissioner, ex officio;
(3) The executive secretary of the Georgia Association of
Educators, ex officio, and the associate executive secretary of the
Georgia Association of Educators, ex officio;
(4) One member who is a school administrator or a school
principal and one member who is a classroom teacher and not an
employee of the Board of Regents of the University System of
Georgia. Such members shall be elected for a term of three years
each by the assembly of the Georgia Association of Educators in
accordance with such rules as the board of trustees shall adopt to
1156
GENERAL ACTS AND RESOLUTIONS, VOL. I
govern such election, provided that the first two such members
shall be appointed by the State Board of Education, one for a term
from the date of appointment to June 30,1944, and one for a term
from the date of appointment to June 30,1946;
(5) One member who is an employee of the Board of Regents
of the University System of Georgia and who shall be appointed by
that board for a term of three years, beginning with the expiration
of the term of the present member, who is an employee of the
board of regents;
(6) One member to be appointed by the Governor for a term
of three years beginning June 30,1965. Successors to such member
shall likewise be appointed for terms of three years;
(7) One member who is a retired school teacher and who
shall be elected by the Georgia Retired Teachers Association in
the manner to be provided by rules and regulations of the board of
trustees to govern such election. The first such member shall be
elected to take office on July 1, 1975, for a term of three years.
Successors to such member shall also serve for terms of three
years;
(8) The tenth trustee shall be a citizen of this state, not a
member of the retirement system, who shall be experienced in the
investment of moneys and who shall be elected by the remaining
nine trustees for a term of four years, provided that the first such
term shall expire June 30,1947.,
in its entirety and substituting in lieu thereof a new subsection (a) to
read as follows:
(a) There is created a board of trustees which shall consist of
ten trustees as follows:
(1) The state auditor, ex officio;
(2) The Commissioner of Insurance, ex officio;
(3) The Director of the Fiscal Division of the Department of
Administrative Services, ex officio;
GEORGIA LAWS 1984 SESSION
1157
(4) One member who shall be an active member of the
Teachers Retirement System of Georgia who is a classroom
teacher and not an employee of the Board of Regents of the
University System of Georgia. Such member shall be appointed
by the Governor for a term of three years with the initial term
beginning July 1,1984. In making the appointment the Governor
may consider, but not be limited to, nominations furnished him by
the nominating committee provided for by subsection (g) of this
Code section;
(5) One member who shall be an active member of the
Teachers Retirement System of Georgia who is a school adminis-
trator and not an employee of the Board of Regents of the
University System of Georgia. Such member shall be appointed
by the Governor for a term of three years with the initial term
beginning July 1,1986. In making the appointment the Governor
may consider, but not be limited to, nominations furnished him by
the nominating committee provided for by subsection (g) of this
Code section. The trustee occupying the school administrator
position on the board of trustees on July 1, 1984, and a prior
appointment by the Governor shall continue to serve in this
position from July 1,1984, until July 1,1986;
(6) One member who shall be an active member of the
Teachers Retirement System of Georgia who is not an employee of
the Board of Regents of the University System of Georgia. Such
member shall be appointed by the Governor for a term of three
years with the initial term beginning July 1,1985. In making the
appointment the Governor may consider, but not be limited to,
nominations furnished him by the nominating committee pro-
vided for by subsection (g) of this Code section. Prior to July 1,
1984, the trustees holding office under immediately preceding law
and prior appointments by the Governor shall elect a person to
occupy this position on the board of trustees from July 1, 1984,
until July 1,1985;
(7) One member who shall be an active member of the
Teachers Retirement System of Georgia who is an employee of the
Board of Regents of the University System of Georgia and who
shall be appointed by the board of regents for a term of three years
with the initial term beginning July 1,1985. The trustee occupy-
ing the employee of the Board of Regents position on the board of
trustees on July 1,1984, and a prior appointment by the board of
1158
GENERAL ACTS AND RESOLUTIONS, VOL. I
regents shall continue to serve in this position from July 1, 1984,
until July 1,1985;
(8) One member to be appointed by the Governor for a term
of three years with the initial term beginning July 1,1984;
(9) One member who has retired under the Teachers Retire-
ment System of Georgia and who shall be elected by the remaining
trustees for a term of three years with the initial term beginning
July 1,1985. The trustee occupying the retired teacher position
on the board of trustees on July 1,1984, and a prior appointment
by the Governor shall continue to serve in this position from July
1,1984, until July 1,1985; and
(10) The tenth trustee shall be a citizen of Georgia, not a
member of the Teachers Retirement System of Georgia, who shall
be experienced in the investment of moneys and who shall be
elected by the remaining trustees for a term of three years with the
initial term beginning July 1,1984.
Section 2. Said Code section is further amended by striking
subsection (e) in its entirety and substituting in lieu thereof three new
subsections to be designated subsections (e), (f), and (g) to read as
follows:
(e) Six trustees at any meeting of the board of trustees shall
constitute a quorum to transact business. Each trustee shall be
entitled to one vote. Five votes shall be necessary for a decision by the
board of trustees.
(f) With respect to the selection of all trustees under the provi-
sions of subsection (a) of this Code section, the Governor, the board of
trustees, the Board of Regents of the University System of Georgia,
and the nominating committee provided for by subsection (g) of this
Code section shall give due consideration to minority groups included
within the teaching profession.
(g) (1) The Teachers Retirement System Nominating Com-
mittee is created and such committee shall be composed of five
members. Two members shall be from the Georgia Association of
Educators, each of whom shall be selected from different geo-
graphical areas of the state; one member shall be from the Georgia
Federation of Teachers; one member shall be from the Profes-
GEORGIA LAWS 1984 SESSION
1159
sional Association of Georgia Educators; and one member from
the Georgia Association of Educational Leaders. The members of
each respective organization shall elect its respective member or
members of the nominating committee by May 1, 1984. The
members of the nominating committee shall serve for terms of
three years and their successors shall be selected in the same
manner as the original members. Any vacancy shall be filled for
the unexpired term by the members of the educational organiza-
tion which elected the member wherein the vacancy exists.
(2) The nominating committee shall submit to the Governor
a list of three names for each person to be appointed by the
Governor pursuant to paragraphs (4), (5), and (6) of subsection (a)
of this Code section as a member of the board. In making
appointments pursuant to paragraphs (4), (5), and (6) of subsec-
tion (a) of this Code section, the Governor may consider the names
submitted by the nominating committee, but it is specifically
provided that the appointments shall be at the sole discretion of
the Governor, and the Governor shall not be required to choose
any appointee from names submitted by the nominating commit-
tee.
(3) The members of the nominating committee shall serve
without compensation. Such members may be reimbursed for
travel or other expenses incurred in attending meetings of the
nominating committee from the funds of their respective employ-
ers or educational organizations but not from the funds of the
Teachers Retirement System of Georgia.
Section 3. For the purpose of the creation of the nominating
committee provided for in quoted subsection (g) of Section 2 of this
Act, for the purpose of the submission of names to the Governor by
said nominating committee, and for the purpose of making appoint-
ments to the Board of Trustees of the Teachers Retirement System of
Georgia in conformity with the requirements of quoted revised sub-
section (a) of Section 1 of this Act, this Act shall become effective
upon its approval by the Governor or upon its otherwise becoming
law. For the purposes of the composition of the Board of Trustees of
the Teachers Retirement System of Georgia in conformity with the
requirements of quoted revised subsection (a) of Section 1 of this Act,
this Act shall become effective on July 1,1984.
1160
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
BUILDINGS AND HOUSING^ FIRE SAFETY.
Code Sections 8-2-200 through 8-2-222 Enacted.
Code Title 25, Chapter 2 Amended.
No. 1245 (House Bill No. 839).
AN ACT
To amend Chapter 2 of Title 8 of the Official Code of Georgia
Annotated, relating to standards and requirements for construction
and alteration of buildings and other structures, so as to provide
guidelines for the uniform application of fire and building related
codes to existing buildings and structures throughout the state; to
define certain terms; to provide acceptable alternative safeguards to
requirements of various fire and building code provisions where strict
compliance is not practical; to make certain provisions mandatory on
state enforcement authorities and permissive upon local enforcement
authorities; to provide for existing buildings which are under the
jurisdiction of state and local enforcement authorities; to specify
various hazardous conditions in existing buildings and structures
which should not be permitted to exist; to relieve building and fire
code enforcement authorities from certain liabilities when applying
the provisions of this article; to provide for rules and regulations; to
amend Chapter 2 of Title 25 of the Official Code of Georgia Anno-
tated, relating to the regulation of fire and other hazards to persons
and property generally, so as to authorize the Safety Fire Commis-
sioner to grant variances to the rules and regulations adopted pursu-
ant to this chapter under certain circumstances; to authorize certain
local governments to grant variances to the rules and regulations
adopted pursuant to this chapter under certain circumstances; to
GEORGIA LAWS 1984 SESSION
1161
change the provisions relating to the types of buildings and structures
which constitute a special hazard to property or to the life and safety
of persons on account of fire or panic from fear of fire; to define
certain terms; to exempt buildings or structures used exclusively for
agriculture from special fire safety standards applicable to buildings
which present a special hazard; to change the provisions relating to
buildings or structures designated historic property or located
within a designated historic district; to provide construction and
fire safety standards for landmark museum buildings and historic
buildings; to exempt landmark museum buildings and historic build-
ings from certain laws and regulations; to provide for rules and
regulations; 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 2 of Title 8 of the Official Code of Georgia
Annotated, relating to standards and requirements for construction
and alteration of buildings and other structures, is amended by
adding a new Article 3 to read as follows:
ARTICLE 3
8-2-200. This article shall be known and may be cited as The
Uniform Act for the Application of Building and Fire Related Codes
to Existing Buildings.
8-2-201. (a) It is a purpose of this article to encourage the
sensitive rehabilitation, restoration, stabilization, or preservation of
existing buildings throughout this state and to encourage the preser-
vation of buildings and structures deemed to be historic in total or in
part; provided, however, such rehabilitation and preservation efforts
should provide for the upgrading of the safety features of the building
or structure to provide a practical level of safety to the public and
surrounding property. It is the further purpose of this article to
provide guidance regarding acceptable alternative solutions and to
stimulate enforcement authorities to utilize alternative compliance
concepts wherever practical to permit the continued use of existing
buildings and structures without overly restrictive financial burdens
on owners or occupants.
(b) The provisions of this article shall not be applicable to new
construction.
1162
GENERAL ACTS AND RESOLUTIONS, VOL. I
8-2-202. As used in this article, the term:
(1) Enforcement authority means the Safety Fire Commis-
sioner, the state fire marshal, local building officials, local fire
marshals, or any other state or local officials responsible for the
implementation, application, or enforcement of any state law or
local ordinance relating to building construction, or any state or
local rule or regulation relating to building construction, or any
building, mechanical, electrical, plumbing, life safety or fire pre-
vention codes, or other construction standards that apply or are
intended to apply to existing buildings. The term enforcement
authority also means any local official designated by the local
governing authority as the enforcement authority for the purposes
of this article.
(2) Existing building or structure means any completed
building or structure which has been placed in service for a
minimum of five years.
(3) Safety Fire Commissioner or Commissioner means
the office created in Code Section 25-2-2.
8-2-203. The provisions of this article shall be mandatory and
binding on the state fire marshal, the Safety Fire Commissioner, and
other state officials responsible for state building code, fire code, life
safety code, or other construction code enforcement. This article is
not mandatory or binding on local enforcement authorities; provided,
however, that any local building, fire, life safety, plumbing, electrical,
mechanical, or other construction code enforcement authority may
apply the applicable provisions of this article to any existing building
whenever the local governing authority has adopted this article by
reference and whenever such local code enforcement authority deter-
mines the need to utilize compliance alternatives to any provisions of
the rules, regulations, codes, or standards he or she is empowered to
interpret, apply, or enforce under authority of any state law or local
ordinance. This article is a tool for use of code enforcement authori-
ties to use as deemed appropriate in attempting to resolve problems
encountered while enforcing codes and standards with regard to
existing buildings and structures. Enforcement authorities should
advise appropriate appeals boards of the provisions, purposes, and
intent of this article.
GEORGIA LAWS 1984 SESSION
1163
8-2-204. The provisions of this article shall require any state
code enforcement authority and shall permit any authorized local
code enforcement authority to permit the repair, alteration, addition,
or change of use or occupancy of existing buildings without total
compliance with any state or local rule, regulation, code, or standard
for new construction requirements under the following general condi-
tions:
(1) All noted conditions hazardous to life, based on the
provisions of applicable state and local standards or codes for
existing buildings, shall be corrected to a reasonable and realistic
degree as set forth in this article, with specific attention to Code
Sections 8-2-214 through 8-2-219;
(2) The existing building becomes the minimum perfor-
mance standard; and
(3) The degree of compliance of the building after changes
must not be below that existing before the changes. Nothing in
this article will require nor prohibit compliance with requirements
more stringent than those provided in this article.
8-2-205. With reference to existing buildings, authorized
enforcement authorities should give special attention to the condi-
tions or defects described in this Code section in accordance with the
provisions of Code Section 8-2-204, so as to assure any such condi-
tions or defects are identified and corrected as deemed appropriate by
the enforcement authority having jurisdiction based on applicable
state and local codes and through the utilization of appropriate
compliance alternatives:
(1) Structural. Any building or structure or portion thereof
which is in imminent danger of collapse because of but not limited
to the following factors:
(A) Dilapidation, deterioration, or decay;
(B) Faulty structural design or construction;
(C) The removal, movement, or instability of any por-
tion of the ground necessary for the purpose of supporting
such building; or
1164
GENERAL ACTS AND RESOLUTIONS, VOL. I
(D) The deterioration, decay, or inadequacy of the
foundation;
(2) Number of exits. Less than two approved independent,
remote, and properly protected exit ways serving every story of a
building, except where a single exit way is permitted by the
applicable state or local fire or building code or life safety code;
(3) Capacity of exits. Any required door, aisle, passageway,
stairway, or other required means of egress which is not of
sufficient capacity to provide for the population of the portions of
the building served and which is not so arranged as to provide safe
and adequate means of egress to a place of safety; and
(4) Mechanical systems. Utilities and mechanical systems
not in conformance with the codes in effect at the time of
construction of a building which create a serious threat of fire or
threaten the safety of the occupants of the building.
8-2-206. Code Sections 8-2-207 through 8-2-211 contain gener-
ally acceptable compliance alternatives illustrating principles which
shall be applied to the rehabilitation of existing buildings by state
enforcement authorities and which may be applied by authorized
local enforcement authorities in Georgia. It is recognized for purposes
of this article that all building systems interact with each other;
therefore, any consideration of compliance alternatives should take
into account all existing and proposed conditions to determine their
acceptability. The compliance alternatives are not all-inclusive and
do not preclude consideration and approval of other alternatives by
any enforcement authority.
8-2-207. Compliance alternatives for an inadequate number of
exits include, but are not limited to, the following:
(1) Provide connecting fire-exit balconies acceptable to the
enforcement authority between buildings;
(2) Provide alternate exit or egress facilities leading to
safety outside the building or to a place of safe refuge in the
building or an adjoining building as acceptable to the enforcement
authority;
GEORGIA LAWS 1984 SESSION
1165
(3) Provide an exterior fire escape or escapes as acceptable
to the enforcement authority where the providing of enclosed
interior or enclosed exterior stairs is not practical; or
(4) Install early fire warning and fire suppression systems.
8-2-208. Compliance alternatives for excessive travel distances
to an approved exit include, but are not limited to, the following:
(1) Install an approved smoke detection system throughout
the building;
(2) Install an approved complete automatic fire suppression
system;
(3) Subdivide the exit travel route with smoke-stop doors
acceptable to the enforcement authority;
(4) Increase the fire resistance rating of corridor walls and
doors; or
(5) Provide additional approved means of escape.
8-2-209. Compliance alternatives for unenclosed or improperly
enclosed exit stairways or vertical shafts include, but are not limited
to, the following:
(1) Improve enclosure of exit stairway;
(2) Add a partial fire suppression system;
(3) Add a sprinkler draft curtain; or
(4) Add a smoke detection system.
8-2-210. Compliance alternatives for inadequate or a total lack
of fire partitions or fire separation walls shall be as set forth in Code
Section 8-2-209.
8-2-211. Compliance alternatives for a lack of required protec-
tion of openings in exterior walls where a fire exposure is a risk
include, but are not limited to, the following:
1166
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Improve fire resistance of existing openings and protect
them with fire-rated windows or doors as appropriate;
(2) Seal the openings with fire-rated construction as
approved by the enforcement authority; or
(3) Install an approved fire suppression system.
8-2-212. Whenever action is taken on any existing building to
repair, make alterations, or change the use or occupancy of an existing
structure and, when said action proposes the use of compliance
alternatives, the authorized enforcement authority shall ensure that
at least one copy of the accepted compliance alternatives approved,
including applicable plans, test data, or other data submitted for
evaluation, be maintained on file in the office of the local enforcement
authority. If said structure also falls under the jurisdiction of a state
level enforcement authority, at least one copy of same material shall
be maintained on file with that authority.
8-2-213. Where an existing building or structure falls within the
jurisdiction of both state level and local level enforcement authorities,
the final review of any part of the project which is under the
jurisdiction of both such enforcement authorities shall occur with the
state authority; provided, however, the local fire and building author-
ities must agree in writing with any compliance alternatives before
such can be approved by the state authority. It is the intent of this
Code section that the state enforcement authority be very liberal in
the consideration and approval of compliance alternatives which have
the documented support of local enforcement authorities.
8-2-214. Additions to an existing building shall comply with the
applicable requirements of state and local laws, rules, regulations,
codes, and standards for new construction. Such additions shall not
impose loads either vertical or horizontal which would cause the
existing building to be subjected to stresses exceeding those permit-
ted under new construction. If the existing building does not comply
with the standards provided in this article and the authorized
enforcement authority finds that the addition adversely affects the
performance of the total building, the authorized enforcement
authority may require:
(1) The new addition to be separated from the existing
structure by at least a two-hour fire wall with openings therein
properly protected; or
GEORGIA LAWS 1984 SESSION
1167
(2) The installation of an approved automatic fire suppres-
sion system; or
(3) Other remedies which may be deemed appropriate by
the enforcement authority.
8-2-215. Minor alterations or repairs to an existing building
which do not adversely affect the performance or safety of the
building may be made with the same or like materials. Existing
buildings which, in part or as a whole, exceed the requirements of any
applicable construction or fire safety code, may, in the course of
compliance with this article, have reduced or removed, in part or
total, features not required by such code for new construction;
provided, however, that such features were not a condition of prior
approval. Existing buildings and structures which, in part or as a
whole, do not meet the requirements of the applicable code for new
construction may be altered or repaired without further compliance
to any such code by utilizing the provisions of this article, provided
their present degree of compliance to any applicable construction or
fire safety code is not reduced. Any new mechanical systems installed
in an existing building shall conform to applicable codes for new
construction to the fullest extent practical as approved by the autho-
rized enforcement authorities.
8-2-216. The legal use and occupancy of any building or struc-
ture may be continued without change, except as may be provided
otherwise by this article or as may be legally provided for by any
applicable state or local law, ordinance, rule, regulation, code, or
standard,
8-2-217. (a) A total change in the use or occupancy of an
existing building which would cause a greater hazard to the public
shall not be made unless such building is made to comply with the
requirements of the applicable state and local rules, regulations,
codes, and standards for the new use or occupancy; provided, how-
ever, the compliance alternative provisions of this article may be
utilized by authorized enforcement authorities where total or strict
compliance with applicable state or local rules, regulations, codes, or
standards is not practical.
(b) When the proposed use is of equal or lesser hazard as
determined by an authorized enforcement authority, further compli-
ance with any code for new construction is not required unless
1168
GENERAL ACTS AND RESOLUTIONS, VOL. I
otherwise provided in this article. Alterations or repairs to an existing
building or structure which do not adversely affect the performance
of the building may be made with like materials. Any proposed
change to the existing building or change in type of contents of the
existing building shall not increase the fire hazard to adjacent build-
ings or structures. If the fire hazard to adjacent buildings structures
is increased, then requirements of applicable construction or fire
safety codes for exterior walls shall apply.
8-2-218. (a) If a portion of a building is changed to a new use or
occupancy and that portion is separated from the remainder of the
building with vertical or horizontal fire separations complying with
applicable state or local rules, regulations, codes, or standards or with
compliance alternatives, then the portion changed shall be made to
comply to the applicable requirements for the new use or occupancy
to the extent noted in Code Section 8-2-217.
(b) If a portion of the building is changed to a new use or
occupancy and that portion is not separated from the remainder of
the building as noted in subsection (a) of this Code section, then the
provisions of the applicable state and local rules, regulations, codes,
and standards applying to each use or occupancy of the building shall
apply to the entire building to the extent noted in Code Section 8-2-
217; provided, however, if there are conflicting provisions in require-
ments for the various uses or occupancies, the authorized enforce-
ment authority shall apply the strictest requirements.
8-2-219. Any proposed change in the use or occupancy of an
existing building or portion thereof which could increase the floor
loading should be investigated by a Georgia registered professional
engineer to determine the adequacy of the existing floor system to
support the increased loads. If the existing floor system is found to be
inadequate, it should be modified to support the increased loads or
the proposed allowable floor loading shall be reduced by and posted
by the appropriate enforcement authority.
8-2-220. The Safety Fire Commissioner shall promulgate rea-
sonable rules and regulations to implement and carry out the require-
ments of this article.
8-2-221. Should any person, firm, corporation, or other entity be
dissatisfied with any ruling or decision of the state fire marshal
pursuant to the provisions of this article, the right is granted to appeal
GEORGIA LAWS 1984 SESSION
1169
within ten days to the Commissioner. If the person, firm, corporation,
or other entity is dissatisfied with the decision of the Commissioner,
appeal is authorized to the superior court within 30 days in the
manner provided under Chapter 13 of Title 50. In the event of such
appeal, the person, firm, corporation, or other entity shall give a
surety bond which will be conditioned upon compliance with the
order and direction of the state fire marshal or the Commissioner or
both. The amount of bond shall be fixed by the Commissioner in such
amount as will reasonably cover the order issued by the Commis-
sioner or the state fire marshal or both.
8-2-222. Nothing in this article shall be construed to constitute a
waiver of the sovereign immunity of the state or any officer or
employee thereof in carrying out the provisions of this article. Fur-
ther, no action shall be maintained against the state, any municipal-
ity, county, or any duly authorized elected or appointive officer or
duly authorized employee thereof, for damages sustained as a result
of any fire or hazard covered by this article by reason of inspection or
other action taken or not taken pursuant to this article. Nothing in
this article shall be construed to relieve any property owner or lessee
or person in charge thereof from any legal duty, obligation, or liability
incident to the ownership, maintenance, or use of such property.
Section 2. Chapter 2 of Title 25 of the Official Code of Georgia
Annotated, relating to the regulation of fire and other hazards to
persons and property generally, is amended by striking in its entirety
subsection (e) of Code Section 25-2-12, relating to adoption of state
fire safety standards and enforcement with respect to certain build-
ings, and inserting in lieu thereof a new subsection (e) to read as
follows:
(e) (1) The office of the Commissioner shall be responsible for
interpretations of the state minimum fire safety standards as
adopted in the rules and regulations promulgated pursuant to this
chapter.
(2) On the construction on existing buildings, local govern-
ments authorized to enforce the state minimum fire safety stan-
dards pursuant to subsection (a) and subsection (b) of this Code
section, notwithstanding paragraph (7) of subsection (a) of this
Code section, may grant variances from compliance with the state
minimum fire safety standards as adopted in the rules and regula-
tions promulgated pursuant to this chapter.
1170
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) On the construction on existing buildings not under the
jurisdiction of a local government for purposes of paragraph (2) of
this subsection, the Commissioner may grant variances from
compliance with the state minimum fire safety standards as
adopted in the rules and regulations promulgated pursuant to this
chapter.
(4) On the construction of new buildings, the Commis-
sioner, upon the written recommendation of the state fire marshal
and the written request of the fire or building official responsible
for enforcing the state minimum fire safety standards, may grant
variances from compliance with the state minimum fire safety
standards as adopted in the rules and regulations promulgated
pursuant to this chapter in jurisdictions covered under subsection
(a) of this Code section and jurisdictions other than those covered
under subsection (a) of this Code section.
(5) Variances granted pursuant to paragraphs (2), (3), and
(4) of this subsection shall be as nearly equivalent as practical to
the standards required in this chapter.
Section 3. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 25-2-13, relating to buildings
presenting special hazards to persons or property, and inserting in
lieu thereof a new subsection (a) to read as follows:
(a) As used in this Code section, the term:
(1) Capacity means the maximum number of persons who
may be reasonably expected to be present in any building or on
any floor thereof at a given time according to the use which is
made of such building. The Commissioner shall determine and by
rule declare the formula for determining capacity for each of the
uses described in this Code section.
(2) Historic building or structure means any individual
building or any building which contributes to the historic charac-
ter of a historic district, so designated by the State Historic
Preservation Officer pursuant to rules and regulations adopted by
the Board of Natural Resources, or as so designated pursuant to
the provisions of Article 2 of Chapter 10 of Title 44, the Georgia
Historic Preservation Act.
GEORGIA LAWS 1984 SESSION
1171
(3) Landmark museum building means a historic building
or structure used as an exhibit of the building or structure itself,
and which exhibits a high degree of architectural integrity and a
state or national level of significance, and which is open to the
public not less than 12 days per year; however, additional uses,
original or ancillary, to the use as a museum shall be permitted
within the same building subject to the provisions of paragraph (3)
of subsection (b) of Code Section 25-2-13. Landmark museum
buildings must be so designated by the State Historic Preserva-
tion Officer pursuant to rules and regulations adopted by the
Board of Natural Resources.
Section 4. Said chapter is further amended by striking in its
entirety paragraph (1) of subsection (b) of Code Section 25-2-13,
relating to buildings presenting special hazards to persons or prop-
erty, and inserting in lieu thereof a new paragraph (1) to read as
follows:
(1) Certain buildings and structures, because of construction or
use, may constitute a special hazard to property or to the life and
safety of persons on account of fire or panic from fear of fire.
Buildings constructed or used in the following manner present such a
special hazard:
(A) Buildings or structures more than three stories in
height; provided, however, that nothing in this Code section shall
apply to any individually owned residential unit within any such
building;
(B) Any building three or more stories in height and used as
a residence by three or more families, with individual cooking and
bathroom facilities for each family; provided, however, that noth-
ing in this Code section shall apply to any individually owned
residential unit within any such building;
(C) Any building in which there are more than 15 sleeping
accommodations for hire, with or without meals but without
individual cooking facilities, whether designated as a hotel, motel,
inn, club, dormitory, rooming or boarding house, or by any other
name;
(D) Any building or group of buildings which contain
schools and academies for any combination of grades one through
1172
GENERAL ACTS AND RESOLUTIONS, VOL. I
12 having more than 15 children or students in attendance at any
given time and all state funded kindergarten programs;
(E) Hospitals, health care centers, mental health institu-
tions, orphanages, nursing homes, convalescent homes, old age
homes, jails, prisons, reformatories, and all administrative, public
assembly, and academic buildings of colleges, universities, and
vocational-technical schools. As used in this subparagraph, the
terms nursing homes, convalescent homes, and old age homes
mean any building used for the lodging, personal care, or nursing
care on a 24 hour basis of four or more invalids, convalescents, or
elderly persons who are not members of the same family;
(F) Racetracks, stadiums, and grandstands;
(G) Theaters, auditoriums, restaurants, bars, lounges,
nightclubs, dance halls, recreation halls, churches, and other
places of public assembly having an occupant load of 300 or more
persons, except that the occupant load shall be 100 or more
persons in those buildings where alcoholic beverages are served;
and
(H) Department stores and retail mercantile establish-
ments having a gross floor area of 25,000 square feet on any one
floor or having three or more floors that are open to the public. For
purposes of this subparagraph, shopping centers and malls shall
be assessed upon the basis of the entire area covered by the same
roof or sharing common walls; provided, however, that nothing in
this Code section shall apply to single-story malls or shopping
centers where every individual occupancy located therein has less
than 25,000 square feet, where every such common wall has a two-
hour fire rating and is sealed tightly to the underside of the deck,
and where there are unobstructed exit doors in the front and rear
of every such individual occupancy which open directly to the
outside.
Section 5. Said chapter is further amended by striking in its
entirety paragraph (2) of subsection (b) of Code Section 25-2-13,
relating to buildings presenting special hazards to persons or prop-
erty, and inserting in lieu thereof a new paragraph (2) to read as
follows:
GEORGIA LAWS 1984 SESSION
1173
(2) Any building or structure which is used exclusively for
agricultural purposes and which is located in an unincorporated area
shall be exempt from the classification set forth in paragraph (1) of
this subsection.
Section 6. Said chapter is further amended by adding at the end
of subsection (b) of Code Section 25-2-13, relating to buildings
presenting special hazards to persons or property, new paragraphs (3)
and (4) to read as follows:
(3) (A) The provisions of this paragraph relating to landmark
museum buildings shall apply only to those portions of such
buildings which meet all the requirements of a landmark museum
building, except as otherwise provided in subparagraphs (B) and
(C) of this paragraph. Subparagraphs (B) and (C) of this para-
graph shall, unless otherwise provided in such subparagraphs,
preempt all state laws, regulations, or rules governing reconstruc-
tion, alteration, repair, or maintenance of landmark museum
buildings. Local governing authorities may recognize the designa-
tion of landmark museum buildings by ordinance and authorize
the local enforcement authority to incorporate the provisions of
subparagraphs (B) and (C) of this paragraph into their local
building and fire codes. Subparagraphs (D) and (E) of this
paragraph shall apply to other historic buildings or structures.
(B) A landmark museum building shall be subject to the
following provisions:
(i) Repairs, maintenance, and restoration shall be
allowed without conformity to any state building or fire safety
related code, standard, rule, or regulation, provided the build-
ing is brought into and remains in full compliance with this
paragraph;
(ii) In the case of fire or other casualty to a landmark
museum building, it may be rebuilt, in total or in part, using
such techniques and materials as are necessary to restore it to
the condition prior to the fire or casualty and use as a totally
preserved building; or
(iii) If a historic building or structure, as a result of
proposed work or changes in use, would become eligible and
would be so certified as a landmark museum building, and the
1174
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Historic Preservation Officer so certifies and such is
submitted to the state fire and building code official with the
construction or building permit application, then the work
may proceed under the provisions of this paragraph.
(C) All landmark museum buildings shall comply with the
following requirements:
(i) Every landmark museum building shall have port-
able fire extinguishers as deemed appropriate by the state or
local fire authority having jurisdiction based on the applica-
ble state or local fire safety codes or regulations;
(ii) All landmark museum buildings which contain resi-
dential units shall have electrically powered smoke or pro-
ducts of combustion detectors installed within each living
unit between living and sleeping areas. Such detectors shall
be continuously powered by the buildings electrical system.
When activated, the detector shall initiate an alarm which is
audible in sleeping rooms of that living unit. These unit
detectors shall be required in addition to any other protective
system that may be installed in the building;
(iii) For all landmark museum buildings, except those
protected by a total automatic fire suppression system and
one and two family dwellings, approved automatic fire warn-
ing protection shall be provided as follows: install at least one
listed smoke or products of combustion detector for every
1,200 square feet of floor area per floor or story. In addition,
all lobbies, common corridors, hallways, and ways of exit
access shall be provided with listed smoke or products of
combustion detectors not more than 30 feet apart. Detectors
shall be so connected as to sound an alarm audible throughout
the structure or building. With respect to buildings which are
totally protected by an automatic fire suppression system,
activation of the sprinkler system shall sound an alarm
throughout the structure or building;
(iv) Smoke or products of combustion detectors shall
be listed by a nationally recognized testing laboratory;
(v) All multistory landmark museum buildings,
except one and two family dwellings, with occupancy above or
GEORGIA LAWS 1984 SESSION
1175
below the street or grade level shall have manual fire alarm
pull stations in the natural path of egress. The activation of a
manual pull station shall cause the building fire warning
system to sound;
(vi) Approved exit signs shall be located where desig-
nated by the local or state authority having jurisdiction in
accordance with the applicable state or local code, standard,
rule, or regulation;
(vii) Except for one and two family dwellings, every
landmark museum building occupied after daylight, or which
has occupied areas subject to being totally darkened during
daylight hours due to a power failure or failure of the elec-
trical system, shall be equipped with approved emergency
lighting meeting the provisions of the applicable state or local
code, standard, rule, or regulation;
(viii) Occupant loading of landmark museum buildings
or structures shall be limited by either the actual structural
floor load capacity or by the limitations of means of egress or
by a combination of factors. Actual floor load capacity shall
be determined by a Georgia registered engineer or architect.
Said floor load shall be posted at a conspicuous location. The
building owner shall submit evidence of this certification and
related computations to the enforcement authority having
jurisdiction upon request. Where one or more floors of a
landmark museum building have only one means of egress,
the occupant load shall be computed and occupancy limited
as determined by the state or local fire marshal; or
(ix) The electrical, heating, and mechanical systems of
landmark museum buildings shall be inspected and any con-
ditions that create a threat of fire or a threat to life shall be
corrected in accordance with applicable standards to the
extent deemed necessary by the state or local authority
having jurisdiction.
(D) Historic buildings not classified as landmark museum
buildings shall meet the requirements of applicable state or local
building and fire safety laws, ordinances, codes, standards, rules,
or regulations as they pertain to existing buildings. If an historic
building or structure is damaged from fire or other casualty, it may
1176
GENERAL ACTS AND RESOLUTIONS, VOL. I
be restored to the condition prior to the fire or casualty using
techniques and methods consistent with its original construction,
or it shall meet the requirements for new construction of the
applicable state or local codes, standards, rules, or regulations,
provided these requirements do not significantly compromise the
features for which the building was considered historically signifi-
cant.
(E) As to any buildings or structures in the State of Georgia
which meet the criteria of paragraph (1) of subsection (b) of this
Code section and thus fall under the jurisdiction of the Safety Fire
Commissioner and which also have been designated as historically
significant by the State Historic Preservation Officer, the appro-
priate enforcement official, in granting or denying a variance
pursuant to subsection (e) of Code Section 25-2-12, shall consider
the intent of this chapter, with special attention to paragraph (3)
of this subsection, Article 3 of Chapter 2 of Title 8, The Uniform
Act for the Application of Building and Fire Related Codes to
Existing Buildings, Article 2 of Chapter 10 of Title 44, the
Georgia Historic Preservation Act, and the Secretary of Interiors
Standards for Preservation Projects.
(4) Nothing in this subsection shall be construed as exempting
any building, structure, facility, or premises from ordinances enacted
by any municipal governing authority in any incorporated area or any
county governing authority in any unincorporated area, except to the
extent stated in paragraph (3) of this subsection relative to landmark
museum buildings or historic buildings or structures.
Section 7. This Act shall become effective May 1,1984.
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
1177
STATE GOVERNMENT DEPARTMENT OF
COMMUNITY AFFAIRS ADVISORY COMMITTEE.
Code Section 50-8-2 Amended.
No. 1246 (House Bill No. 907).
AN ACT
To amend Code Section 50-8-2 of the Official Code of Georgia
Annotated, relating to the powers and duties of the Department of
Community Affairs, generally, so as to provide for an advisory com-
mittee to the Department of Community Affairs; to provide for the
membership, appointment, and terms of office of the committee; to
provide for certain compensation; to provide for meetings; to abolish
the existing advisory committee; to 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 50-8-2 of the Official Code of Georgia
Annotated, relating to the powers and duties of the Department of
Community Affairs, generally, is amended by striking in its entirety
subsection (c) thereof which reads as follows:
(c) To advise the Department of Community Affairs in matters
relating to the financial and operational conditions, programs, ser-
vices, intergovernmental relationships, and collective planning stud-
ies of area or multicounty planning and development, the Governor
shall appoint an advisory committee composed of one member recom-
mended by each of the 18 area or multicounty planning and develop-
ment commissions and any such additional commissions as may be
established. The advisory committee shall issue a report of its
activities and findings to the department no later than the first day of
July each year. The members of the advisory committee shall receive
$36.00 per diem for each day in attendance at meetings of the
committee, plus actual mileage expenses. The meetings shall be
limited in number to 12 per year unless one or more special meetings
shall be called by the commissioner of community affairs or the
chairman of the advisory committee. The members shall be compen-
sated for their services on the advisory committee from the funds
1178
GENERAL ACTS AND RESOLUTIONS, VOL. I
appropriated to or available to the area or multicounty planning and
development commission which they respectively represent.,
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) (1) Effective April 1, 1984, there is created an Advisory
Committee on Area Planning and Development. The committee
shall advise the commissioner of the Department of Community
Affairs and the Board of Community Affairs in matters relating to
the financial and operational conditions, programs, services, inter-
governmental relationships, and collective planning studies of
area or multicounty planning and development commissions.
(2) The Governor shall appoint the members of the commit-
tee who shall serve for terms of office of two years and until their
successors are appointed and qualified. The committee shall
consist of one member of each area or multicounty planning and
development commission in the state. If any member of the
committee shall cease to be a member of an area or multicounty
planning and development commission, he shall no longer be a
member of the committee, and the Governor shall appoint a
successor who shall serve for the remainder of the term and until
his successor is appointed and qualified.
(3) Membership on the committee shall not preclude the
member from holding other public office. Each member of the
committee shall receive the same per diem allowance as is autho-
rized for members of the General Assembly for each day a commit-
tee member is in attendance at a meeting of the committee and
shall receive reimbursement for actual transportation costs incur-
red while traveling by public carrier or the allowance authorized
for state officials and employees for the use of a personal motor
vehicle in connection with such attendance. The per diem and
travel allowance or reimbursement authorized by this paragraph
shall be paid from funds appropriated to or available to the area or
multicounty planning and development commission which the
member represents.
(4) The committee shall meet at least four but not more
than six times per year; however, the commissioner of the Depart-
ment of Community Affairs or the chairman of the committee may
call additional special meetings.
GEORGIA LAWS 1984 SESSION
1179
Section 2. Effective April 1, 1984, the advisory committee on
area or multicounty planning and development as it exists on the
effective day of the Act shall stand abolished. The advisory commit-
tee created by this Act shall be the successor to that committee.
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 29,1984.
TRIAL JUDGES AND SOLICITORS RETIREMENT
FUND COMPOSITION OF BOARD OF TRUSTEES
CHANGED.
Code Title 47, Chapter 10 Amended.
No. 1247 (House Bill No. 976).
AN ACT
To amend Chapter 10 of Title 47 of the Official Code of Georgia
Annotated, known as the Trial Judges and Solicitors Retirement
Fund Act, so as to change the provisions relative to a definition; to
change the provisions relative to the composition of the board of
trustees which administers the Trial Judges and Solicitors Retire-
ment Fund; to provide for other matters relative to the foregoing; to
provide effective dates; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 10 of Title 47 of the Official Code of Georgia
Annotated, known as the Trial Judges and Solicitors Retirement
1180
GENERAL ACTS AND RESOLUTIONS, VOL. I
Fund Act, is amended by striking paragraph (2) of Code Section 47-
10-3, relating to definitions, in its entirety and substituting in lieu
thereof a new paragraph (2) to read as follows:
(2) Board means the Board of Trustees of the Trial Judges
and Solicitors Retirement Fund provided for in Code Section 47-10-
20.
Section 2. Said chapter is further amended by striking Code
Section 47-10-20, relating to the creation and administration of the
fund, which reads as follows:
47-10-20. (a) There is created the Trial Judges and Solicitors
Retirement Fund.
(b) The fund shall be administered by the Board of Trustees of
the Employees Retirement System of Georgia, provided that only for
the purpose of administering the fund, one state court judge, one state
court solicitor, and one juvenile court judge shall be ex officio
members of the board and shall be elected as follows:
(1) The juvenile court judge who shall serve as an ex officio
member of the board shall be elected annually by the Georgia
Council of Juvenile Court Judges. The first such juvenile court
judge shall be elected at the regular June, 1980, meeting of the
Georgia Council of Juvenile Court Judges. His term of office as an
ex officio member of the board shall begin on July 1, 1980, and
expire on June 30,1981. Successors to such member of the board
shall be elected or reelected annually thereafter at the annual
meeting of such council and shall take office on July 1 following
their election;
(2) The state court judge and the state court solicitor who
shall serve as ex officio members of the board shall be elected
annually by the State Trial Judges and Solicitors Association. The
first such state court judge and state court solicitor shall be elected
at the regular meeting of such association in June, 1980, and their
terms of office as ex officio members of the board shall begin on
July 1, 1980, and expire on June 30, 1981. Successors to such
members of the board shall be elected or reelected annually
thereafter at the annual meeting of such association and they shall
take office on July 1 following their election.,
GEORGIA LAWS 1984 SESSION
1181
in its entirety and substituting in lieu thereof a new Code Section 47-
10-20 to read as follows:
47-10-20. (a) There is created the Trial Judges and Solicitors
Retirement Fund which shall be administered by the Board of
Trustees of the Trial Judges and Solicitors Retirement Fund pro-
vided for by this Code section.
(b) The board shall be composed of all members of the Board of
Trustees of the Employees Retirement System of Georgia and three
additional members appointed by the Governor as follows:
(1) One state court judge;
(2) One state court solicitor; and
(3) One juvenile court judge.
(c) The first members appointed by the Governor pursuant to
subsection (b) of this Code section shall be appointed to take office on
July 1,1984. The state court judge and the juvenile court judge shall
each be appointed for an initial term of two years. The state court
solicitor shall be appointed for an initial term of four years.
Thereafter, the Governor shall appoint successors to take office upon
the expiration of the respective terms of office for terms of four years
and until their successors are appointed and qualified. Such mem-
bers of the board shall be eligible for successive appointment as
members and shall serve until their successors are appointed and
qualified. Any vacancy for any reason in the membership of the board
appointed by the Governor shall be filled by appointment of the
Governor for the unexpired term.
(d) The members of the board shall serve without compensation
but may be reimbursed for travel and other expenses incurred by
them in carrying out their duties under this chapter.
(e) Six members at any meeting of the board shall constitute a
quorum to transact business, but the affirmative vote of five members
shall be necessary for a decision by the board.
(f) The officers and director of the board shall be the same as the
officers and director of the Board of Trustees of the Employees
Retirement System of Georgia.
1182
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. The three ex officio membership positions on the
Board of Trustees of the Employees Retirement System of Georgia
serving only for the purposes of administering the Trial Judges and
Solicitors Retirement Fund existing on June 30, 1984, shall stand
abolished on July 1,1984.
Section 4. For the administrative purpose of allowing the
Governor to consider appointments pursuant to quoted revised Code
Section 47-10-20 of Section 2 of this Act, this Act shall become
effective upon its approval by the Governor or upon its otherwise
becoming law. This Act shall be effective for all purposes on July 1,
1984.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
COURTS ASSISTANT DISTRICT ATTORNEYS
LAW REVISED.
Code Title 15, Chapter 18 Amended.
No. 1248 (House Bill No. 1038).
AN ACT
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of
Georgia Annotated, relating to general provisions applicable to dis-
trict attorneys, so as to revise completely the provisions relating to
assistant district attorneys; to provide for a system of classification of
attorneys employed to assist district attorneys and for the compensa-
tion of such attorneys; to provide for definitions; to provide that
attorneys employed by a department, agency, or instrumentality of
state or local government may assist the district attorneys and
solicitors of this state in certain civil or criminal proceedings; to
GEORGIA LAWS 1984 SESSION
1183
provide for other matters relative to the foregoing; to provide effec-
tive dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 18 of Title 15 of the Official Code
of Georgia Annotated, relating to general provisions applicable to
district attorneys, is amended by striking Code Section 15-18-14,
relating to assistant district attorneys, which reads as follows:
15-18-14. (a) The district attorney in each judicial circuit
may appoint as many assistant district attorneys as there are superior
court judges, not including senior judges, who shall serve at the
pleasure of the district attorney.
(b) (1) Any assistant district attorney who has served as
an assistant district attorney for two years or more on July 1,1979,
shall continue to receive the annual salary he was drawing on July
1, 1979. Any such assistant district attorney shall receive the
salary increases authorized in paragraph (5) of this subsection.
(2) Any assistant district attorney who has served as an
assistant district attorney for more than one year but less than two
years on July 1,1979, shall receive an annual salary of $15,500.00
beginning July id 1979. Any such assistant district attorney shall
receive an annual salary of $16,500.00 on the second anniversary of
his appointment. On each anniversary following the second anni-
versary, any such assistant district attorney shall be entitled to
salary increases as provided in paragraph (5) of this subsection.
(3) Any assistant district attorney who has served less than
one year on July 1, 1979, shall receive an annual salary of
$15,500.00 beginning July 1, 1979. On the second anniversary of
his appointment, any such assistant district attorney shall be
eligible for salary increases as provided for in paragraph (5) of this
subsection.
(4) Any assistant district attorney appointed under this
Code section on and after July 1, 1979, shall receive an annual
salary of $15,500.00. Beginning on the first day of the month
following the month of the first anniversary of his appointment,
any such assistant district attorney shall receive the salary
increases authorized in paragraph (5) of this subsection.
1184
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Each assistant district attorney appointed under this
Code section shall receive an increase of 6.4 percent for each
future year of service, which increase shall become effective on the
first day of the month following the month in which the anniver-
sary of his appointment occurs. In addition to his annual salary,
each assistant district attorney shall also receive the percentage
cost-of-living increase payable to employees of the classified ser-
vice of the State Merit System of Personnel Administration. All
salary increases shall be cumulative, and such increases shall be
payable beginning on the same date as those of employees of the
classified service of the State Merit System of Personnel Adminis-
tration, except as otherwise provided for in this Code section.
(6) Notwithstanding paragraph (4) of this subsection, each
assistant district attorney appointed under this Code section who
has prior service as an assistant district attorney in this state may
be compensated in an annual amount not to exceed the greater of:
(A) $15,500.00 plus an incremental increase of 3.2 per-
cent thereof for each full year of prior service before July 1,
1981, and an incremental increase for each full year of prior
service performed after July 1,1981, as provided in paragraph
(5) of this subsection; or
(B) The state salary paid to such assistant district
attorney at the time of the termination of such prior service.
Any such assistant district attorney shall receive the salary
increases authorized in paragraph (5) of this subsection, and his
anniversary date may for this purpose be adjusted to reflect credit
for any partial year of prior service not credited above.
(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 previ-
ously 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.
GEORGIA LAWS 1984 SESSION
1185
(c) Each district attorney shall fix the salary to be paid from
state funds to any person whom the district attorney appoints or
employs as an assistant district attorney pursuant to this Code
section. The maximum salary to be paid from state funds shall not
exceed the annual salary calculated for such assistants years of
service plus the cumulative adjustment calculated pursuant to sub-
section (b) of this Code section. In no event shall any assistant district
attorney receive a salary from state funds in excess of 75 percent of
the annual state salary of the district attorney. In determining the
annual salary, the cumulative adjustment, and the maximum salary
of any assistant district attorney pursuant to this Code section, all
amounts shall be rounded off to the nearest whole dollar.
(d) The compensation provided for in this Code section shall be
paid from state funds in equal monthly installments by the director of
the Fiscal Division of the Department of Administrative Services,
upon being presented certification from the district attorney and the
chief or presiding judge of the superior court of the judicial circuit as
to the employment of an assistant district attorney appointed under
this Code section.
(e) The county or counties comprising a judicial circuit may
supplement the salary of any assistant district attorney appointed
under this Code section.
(f) Except for the salary of the director of a prosecutorial clinic
established with the approval of the Prosecuting Attorneys Council
at a law school accredited by the American Bar Association or where
the state is required by law to provide partial compensation of
personnel employed pursuant to a federal grant, only assistant dis-
trict attorneys appointed pursuant to this Code section shall be
compensated from state funds.,
in its entirety and substituting in lieu thereof a new Code Section 15-
18-14 to read as follows:
15-18-14. (a) As used in this Code section, the term:
(1) Active practice of law means experience as an attorney
engaged in the private practice of law or an attorney employed as
such by a corporation, partnership, or government agency or an
attorney employed on a full-time basis as a law clerk for a judge of
a court of record. If an attorney shall have been disbarred, any
1186
GENERAL ACTS AND RESOLUTIONS, VOL. I
period of practice of law prior to such disbarment shall not
constitute active practice of law.
(2) Break in service means a separation from service on a
full-time basis as a prosecuting attorney or as an employee of the
State of Georgia for a period of six months or more. Any such
separation for a period of less than six months shall not constitute
a break in service.
(3) Compensation of the district attorney means the
annual salary of the district attorney paid from state funds,
excluding any local supplements to the state salary.
(4) Prosecuting attorney means service on a full-time basis
as an assistant district attorney, deputy district attorney, or other
attorney appointed by a district attorney of this state; service on a
full-time basis as a solicitor or assistant solicitor of a state or
juvenile court of this state or any political subdivision thereof;
service as an attorney employed on a full-time basis by the
Attorney General of this state; service as an attorney employed on
a full-time basis by the United States Department of Justice;
service as an attorney employed on a full-time basis by a public
official of any of the several states or any political subdivision
thereof having responsibility for the prosecution of violations of
the criminal law; service on a full-time basis as an attorney
employed by the Prosecuting Attorneys Council of Georgia; or
service on a full-time basis as a third-year law student under Code
Section 15-18-22.
(b) Subject to the provisions of this Code section, the district
attorney in each judicial circuit is authorized to appoint as many
attorneys as there are superior court judges in the circuit, excluding
senior judges, to assist the district attorney in the performance of the
duties of the district attorneys office.
(c) Each attorney appointed pursuant to subsection (b) of this
Code section shall be classified based on education, training, and
experience. The classes of attorneys and the minimum qualifications
required for appointment or promotion to each class shall be as
follows:
(1) Assistant district attorney I. To be eligible for appoint-
ment to this class, an attorney must meet the qualifications
specified by subsection (b) of Code Section 15-18-21;
GEORGIA LAWS 1984 SESSION
1187
(2) Assistant district attorney II. To be eligible for appoint-
ment to this class, an attorney must meet the qualifications
specified by subsection (b) of Code Section 15-18-21 and have
been a member in good standing of the State Bar of Georgia
engaged in the active practice of law for not less than three years
or have been a prosecuting attorney for not less than two years;
(3) Assistant district attorney III. To be eligible for
appointment to this class, an attorney must meet the qualifica-
tions specified by subsection (b) of Code Section 15-18-21 and
have been a member in good standing of the State Bar of Georgia
engaged in active practice of law for not less than four years or
have been a prosecuting attorney for not less than three years; and
(4) Assistant district attorney IV. To be eligible for
appointment to this class, an attorney must meet the qualifica-
tions specified by subsection (b) of Code Section 15-18-21 and
have been a member of the State Bar of Georgia engaged in the
active practice of law for not less than six years or have been a
prosecuting attorney for not less than five years, at least two of
which were as a prosecuting attorney of the State of Georgia or any
of its political subdivisions or as a prosecuting attorney for the
United States within the State of Georgia.
(d) Except as otherwise provided in Code Section 15-18-15, each
attorney appointed pursuant to this Code section shall be compen-
sated based on a salary schedule provided for in subsection (e) of this
Code section. The salary range for each class established in subsec-
tion (c) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $19,185.00
nor more than 65 percent of the compensation of the district
attorney;
(2) Assistant district attorney II. Not less than $21,318.00
nor more than 70 percent of the compensation of the district
attorney;
(3) Assistant district attorney III. Not less than $25,582.00
nor more than 80 percent of the compensation of the district
attorney; and
1188
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Assistant district attorney IV. Not less than $29,845.00
nor more than 90 percent of the compensation of the district
attorney.
(e) Subject to the salary range established by subsection (d) of
this Code section, the Department of Administrative Services shall
develop and promulgate a salary schedule for each class of attorney
provided for by subsection (c) of this Code section. The salary
schedule shall be similar to the salary schedules adopted by the State
Merit System of Personnel Administration and shall provide for an
entry step and not more than ten steps within each class. In
establishing the salary schedule, all amounts shall be rounded off to
the nearest whole dollar.
(f) (1) All personnel actions involving attorneys appointed
pursuant to this Code section shall be made by the district
attorney in writing in accordance with the provisions of subsection
(k) of this Code section.
(2) The following requirements shall apply to the appoint-
ment of attorneys:
(A) Except as otherwise provided by subparagraphs
(B) through (E) of this paragraph and by subsection (i) of this
Code section, all attorneys shall be appointed in the entry
grade established for the class for which the district attorney
determines they are qualified;
(B) Any person who is employed as a state paid assis-
tant district attorney on June 30,1984, shall be appointed to
the appropriate class at the salary step which provides an
annual salary nearest to, but greater than, the annual salary
the assistant district attorney was receiving on June 30,1984;
provided, however, that, if the difference between the annual
salary received by such assistant district attorney on June 30,
1984, and the salary step to which such assistant district
attorney would be appointed pursuant to this subparagraph is
less than $100.00, then such assistant district attorney may be
appointed to the next higher salary step;
(C) Any person who shall have successfully completed a
prosecutorial clinic established at a law school accredited by
the American Bar Association, which has been approved by
GEORGIA LAWS 1984 SESSION
1189
the Prosecuting Attorneys Council, may be appointed as an
assistant district attorney I at the salary step which is one
step above the entry step;
(D) Any person who shall have served as a peace officer
of this state or of the United States on a full-time basis or
shall have served as a forensic scientist of the Division of
Forensic Sciences of the Georgia Bureau of Investigation or a
comparable agency of the United States may be appointed as
an assistant district attorney I at the salary step which is one
step above the entry grade; and
(E) Any person employed as a prosecuting attorney by
the Attorney General of this state, the Prosecuting Attorneys
Council of Georgia, or the United States Department of
Justice who is appointed to an attorney position without a
break in service may be appointed to the appropriate class at
the salary step which is one step above the annual salary
received by such person on the last day of employment
immediately preceding said appointment.
(3) The provisions of paragraph (2) of this subsection shall
not apply to personnel who transfer from a nonstate paid attorney
position to a state paid position or to transfer from one district
attorneys office to another.
(g) Any person who is employed in a nonstate paid attorney
position within a district attorneys office may be transferred to a
state paid position. Such transfer shall be to the appropriate class at a
salary step which is based on the number of years the person has
served in the attorney position as if the person had been initially
appointed pursuant to this Code section. Any person employed as a
state paid attorney with a district attorneys office who accepts an
appointment in another district attorneys office without a break in
service shall be considered to have transferred and such transfer shall
be to the same class at the same salary step.
(h) All salary advancements shall be based on quality of work
and performance. The salary of an attorney appointed pursuant to
this Code section may be advanced one step at the first of the
calendar month following the anniversary of such attorneys appoint-
ment. No attorneys salary shall be increased beyond the maximum
of the salary range applicable to the attorneys class. Any reduction in
1190
GENERAL ACTS AND RESOLUTIONS, VOL. I
salary shall be made in accordance with steps in the salary schedule
provided for by subsection (e) of this Code section.
(i) Any attorney appointed pursuant to this Code section may be
promoted to the next highest class at any time the attorney meets the
minimum qualifications provided for in subsection (c) of this Code
section, but in order to be eligible for promotion, the attorney shall
have served not less than 12 months in the class from which the
attorney is to be promoted. When an attorney is promoted to the next
highest class, the attorney shall enter the higher class at the salary
step which provides an annual salary nearest to, but greater than, the
annual salary the attorney was receiving immediately prior to the
promotion.
(j) The county or counties comprising a judicial circuit may
supplement the salary of any attorney appointed by a district attor-
ney pursuant to this Code section.
(k) (1) Each district attorney shall fix the compensation to be
paid to each attorney appointed pursuant to this Code section in
accordance with the class to which the attorney is appointed and
the appropriate step of the salary schedule.
(2) The Department of Administrative Services, in coopera-
tion with the Prosecuting Attorneys Council of Georgia shall
adopt and amend policies, rules, and regulations governing the
method of and forms to be used for the appointment, transfer,
salary advancements or reductions, and promotions of attorneys
appointed pursuant to this Code section.
(3) The Department of Administrative Services shall revise
the salary schedules provided for by subsection (e) of this Code
section and the entry level salaries provided for by subsection (d)
of this Code section to include cost-of-living increases which may
be granted from time to time to members of the classified service
of the State Merit System of Personnel Administration.
(4) The salaries provided for by this Code section shall be
paid in equal monthly installments by the director of the Fiscal
Division of the Department of Administrative Services from funds
appropriated or available for the operation of the superior courts.
GEORGIA LAWS 1984 SESSION
1191
Section 2. Said Article 1 is further amended by striking Code
Section 15-18-15, relating to the chief assistant district attorney, in its
entirety and substituting in lieu thereof a new Code Section 15-18-15
to read as follows:
15-18-15. (a) The district attorney may designate in writing
an assistant district attorney as the chief assistant district attorney.
In addition to such assistant district attorneys other duties, the chief
assistant district attorney shall have such administrative and supervi-
sory duties as may be assigned by the district attorney.
(b) In the event of the absence or disability of the district
attorney, the chief assistant district attorney shall have the same
power, duties, and responsibilities as the district attorney.
(c) In addition to any other compensation which the chief assis-
tant district attorney may receive from state or county funds, the
district attorney may authorize the chief assistant district attorney to
be paid an amount not to exceed $1,200.00 per annum. Said amount
shall be paid in equal monthly installments from state funds appro-
priated or available for the operation of the superior courts.
Section 3. Section 3 of this Act shall become effective upon the
approval of this Act by the Governor or upon its otherwise becoming
law. Sections 1 and 2 of this Act shall become effective on July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
1192
GENERAL ACTS AND RESOLUTIONS, VOL. I
DOMESTIC RELATIONS COUNTY WHERE
MARRIAGE LICENSE MAY BE ISSUED.
Code Section 19-3-30 Amended.
No. 1249 (House Bill No. 1053).
AN ACT
To amend Code Section 19-3-30 of the Official Code of Georgia
Annotated, relating to when, where, and by whom marriage licenses
are issued, so as to change the county in which marriage licenses may
be issued; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 19-3-30 of the Official Code of Georgia
Annotated, relating to when, where, and by whom marriage licenses
are issued, is amended by striking subsection (b), which reads as
follows:
(b) The license shall be issued in the county where the female
to be married resides, if she is a resident of this state, and in the
county in which the ceremony is to be performed, if the female to be
married is not a resident of this state.,
and inserting in its place a new subsection(b) to read as follows:
(b) If both the male and the female to be married are residents
of this state, the license shall be issued in the county in which either of
those persons resides. If only one of the persons to be married is a
resident of this state, the license shall be issued in the county in which
that person resides. If neither the male nor the female to be married
is a resident of this state, the license shall be issued in the county in
which the ceremony is to be performed.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
GEORGIA LAWS 1984 SESSION
1193
MOTOR VEHICLES AND TRAFFIC OPERATION
OF VEHICLE WITH FLASHING OR REVOLVING
BLUE LIGHTS PROHIBITED EXCEPTION.
Code Section 40-8-90 Amended.
No. 1250 (House Bill No. 1090).
AN ACT
To amend Code Section 40-8-90 of the Official Code of Georgia
Annotated, relating to flashing or revolving blue lights on motor
vehicles, so as to authorize certain sheriffs to use flashing or revolving
blue lights on their personal motor vehicles under certain circum-
stances; to 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 40-8-90 of the Official Code of Georgia
Annotated, relating to flashing or revolving blue lights on motor
vehicles, is amended by striking said Code section in its entirety and
inserting in lieu thereof a new Code Section 40-8-90 to read as follows:
40-8-90. (a) Except as provided in subsection (b) of this Code
section, it shall be unlawful for any person, firm, or corporation to
operate any motor vehicle with flashing or revolving blue lights
except motor vehicles owned or leased by any federal, state, or local
law enforcement agency.
(b) The prohibition contained in subsection (a) of this Code
section shall not apply to any elected sheriff who, pursuant to an
agreement between the sheriff and the county governing authority, is
using his personal motor vehicle in a law enforcement activity pro-
vided such vehicle is marked as provided in Code Section 40-8-91.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1194
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
MOTOR VEHICLE CERTIFICATES OF TITLE
GRIEVANCE PROCEDURES ARISING FROM ACTS
OR OMISSIONS OF DEPARTMENT OF REVENUE.
Code Title 40, Chapter 3 Amended.
No. 1251 (House Bill No. 1170).
AN ACT
To amend Chapter 3 of Title 40 of the Official Code of Georgia
Annotated, relating to motor vehicle certificates of title, so as to
change procedures for hearing complaints of persons aggrieved by
actions or omissions to act of the commissioner or employees of the
Department of Revenue; to eliminate provisions authorizing the
payment of compensation to persons so aggrieved; to provide for
certain additional fees; 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 40 of the Official Code of Georgia
Annotated, relating to motor vehicle certificates of title, is amended
by striking Code Section 40-3-6 which reads as follows:
40-3-6. (a) The commissioner shall establish a board to hear
complaints and claims of persons aggrieved by the acts or omissions of
the commissioner or any employee or servant of the Department of
Revenue pertaining to the administration of this chapter. The board
is authorized to compensate persons, firms, or corporations who have
been damaged monetarily by the acts or omissions of the commis-
GEORGIA LAWS 1984 SESSION
1195
sioner or any employee of the Department of Revenue in the adminis-
tration of this chapter. Such compensation is to be paid from the
appropriations made for the operation of this chapter. The procedure
established in this chapter for the handling of claims and of com-
plaints and grievances shall be exclusive and these procedures shall
apply to all such complaints, grievances, and claims, whether or not
the aggrieved party shall have suffered any monetary damage. The
commissioner shall promulgate rules and regulations governing the
membership of the board and the organization thereof.
(b) A person aggrieved by an act or omission to act of the
commissioner in the administration of this chapter is entitled to a
review of a hearing conducted pursuant to subsection (a) of this Code
section by the superior court of the county of said persons residence.
The review shall be a de novo proceeding.
(c) Hearings conducted under subsection (a) of this Code section
shall be conducted under the terms and conditions of Chapter 13 of
Title 50, the Georgia Administrative Procedure Act, and court
review of such hearings shall be as provided by that Act.,
and inserting in its place a new Code section to read as follows:
40-3-6. (a) A person aggrieved by an act or omission to act of
the Department of Revenue under this chapter is entitled, upon
request, to a hearing. The commissioner shall establish a board to
hear complaints of persons aggrieved by an act or omission to act of
the commissioner or any employee of the Department of Revenue
pertaining to the administration of this chapter. The procedure
established in this chapter for the handling of complaints and griev-
ances shall be exclusive and these procedures shall apply to all such
complaints and grievances. The commissioner shall promulgate rules
and regulations governing the membership of the board and the
organization thereof.
(b) Hearings conducted under subsection (a) of this Code sec-
tion shall be conducted under the terms and conditions of Chapter 13
of Title 50, the Georgia Administrative Procedure Act, and court
review of such hearings shall be as provided by that Act.
Section 2. Said chapter is further amended by striking subsec-
tion (c) of Code Section 40-3-36, relating to fees for applications for
certificates of title, and inserting in lieu thereof a new subsection (c)
to read as follows:
1196
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The commissioner shall be paid a fee of $3.00 for the filing
of an application for any certificate of title and for the filing of the
notice of a security interest or a lien on vehicles not required by law to
be titled in this state. The commissioner may, by appropriate
regulation, provide for additional fees not to exceed $5.00 for the
special handling of applications for certificates of title and related
documents.
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 29,1984.
PUBLIC OFFICERS AND EMPLOYEES
TRANSACTING BUSINESS WITH STATE
PROHIBITED EXCEPTIONS.
Code Title 45, Chapter 10 Amended.
No. 1252 (House Bill No. 1313).
AN ACT
To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the
Official Code of Georgia Annotated, relating to conflicts of interest, so
as to change the definition of transacting business; to delete certain
officials from coverage under certain provisions; to stipulate who
must make certain disclosures; to change when certain disclosures
shall be made; to provide that certain transactions or activities
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 tbe state or any agency thereof do not have to
be disclosed; to provide an effective date; to repeal conflicting laws;
and for other purposes.
GEORGIA LAWS 1984 SESSION
1197
Be it enacted by the General Assembly of Georgia:
Section 1. Part 1 of Article 2 of Chapter 10 of Title 45 of the
Official Code of Georgia Annotated, relating to conflicts of interest, is
amended by striking in its entirety paragraph (12) of Code Section 45-
10-20, relating to definitions, which reads as follows:
(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.,
and inserting in lieu thereof a new paragraph (12) to read as follows:
(12) Transact business or transact any business means to 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 and means to purchase surplus real or personal prop-
erty on behalf of oneself or on behalf of any third party as an agent,
broker, dealer, or representative.
Section 2. Said part is further amended by striking in its
entirety Code Section 45-10-22, relating to prohibitions on trans-
acting business, and inserting in lieu thereof a new Code Section 45-
10-22 to read as follows:
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 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) The provisions of paragraph (1) of subsection (a) of this Code
section shall not apply to:
(1) Any transaction made pursuant to sealed competitive
bids;
1198
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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.
Section 3. Said part is further amended by striking in its
entirety Code Section 45-10-26 which reads as follows:
45-10-26. (a) Any public official or employee, whether for
himself 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 who 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 paragraph (2) of
subsection (b) of Code Section 45-10-24. 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.,
and inserting in lieu thereof a new Code Section 45-10-26 to read as
follows:
45-10-26. (a) Except as provided in subsection (b) of this
Code section, any public official or employee, whether for himself or
on behalf of any business, or any business in which such public official
or employee or any member of his family has a substantial interest
who transacts business with the state or any agency thereof shall
disclose such transactions. Such disclosure shall be submitted prior
to January 31 each year to the Secretary of State on such forms as he
shall prescribe and shall include an itemized list of the previous years
GEORGIA LAWS 1984 SESSION
1199
transactions with the dollar amount of each transaction reported and
totaled. Such disclosure statements shall be public records.
(b) The requirement to disclose certain transactions as provided
in subsection (a) of this Code section shall not apply to any transac-
tion when the amount of a single transaction does not exceed $250.00
and when the aggregate of all transactions does not exceed $9,000.00
per calendar year.
(c) 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.
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 29,1984.
MOTOR VEHICLES HIGHWAY USE PERMITS
FOR UNREGISTERED TRUCKS.
Code Title 40, Chapter 2 Amended.
No. 1253 (House Bill No. 1356).
AN ACT
To amend Article 5 of Chapter 2 of Title 40 of the Official Code of
Georgia Annotated, relating to operation of unregistered motor
trucks, so as to change fee provisions contained therein; to provide for
comparative fees with other states; to repeal conflicting laws; and for
other purposes.
1200
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Article 5 of Chapter 2 of Title 40 of the Official Code
of Georgia Annotated, relating to operation of unregistered motor
trucks, is amended by striking in its entirety Code Section 40-2-111,
relating to highway use permits for motor trucks not registered in this
state, and inserting in its place a new Code Section 40-2-111 to read as
follows:
40-2-111. In addition to any other provision of law relating to
registration of motor vehicles or fees paid therefor, a person owning or
operating a motor truck, as defined in Code Section 40-2-110, upon
the highways of this state, which is not registered in this state, shall
apply to the commissioner for a highway use permit for each such
motor truck to be so operated. Application shall be made upon a form
prescribed by such commissioner and shall set forth such information
as the commissioner may require. The application shall be accompa-
nied by a permit fee of not more than $200.00, as determined under
the rules and regulations of the commissioner, using a comparison of
such fees charged by the state or province of registration of the motor
truck, for each motor truck listed in the application. The commis-
sioner shall issue a permit and an identification tag, plate, or decal for
each such motor truck, which tag, plate, or decal shall be of such size
and design and contain such information as the commissioner shall
prescribe. Any such permit and tag, plate, or decal shall be valid for
the same period of time as provided by law for license plates issued to
motor vehicles in Georgia. Such permits shall be carried in the motor
truck and the tag, plate, or decal shall be affixed to the motor truck
and at all times be visible and legible.
Section 2. Said article is further amended by striking in its
entirety Code Section 40-2-112, relating to additional fees for each
round trip into the state by certain motor trucks, and inserting in its
place a new Code Section 40-2-112 to read as follows:
40-2-112. In addition to the permit fee provided in Code Sec-
tion 40-2-111, a person operating a motor truck on the highways of
this state, which truck is registered in a state or province which
imposes upon motor trucks registered in this state a tax, fee, or toll for
the privilege of operating such truck upon the highways of such state
or province, which is in addition to any tax, fee, or toll imposed upon
gasoline or other motor fuel purchased within such state or province,
or registration fee, shall pay a fee of not more than $25.00, as
GEORGIA LAWS 1984 SESSION
1201
determined under the rules and regulations of the commissioner,
using a comparison of such taxes, fees, or tolls charged by the state or
province of registration of the motor truck, for each round trip into
this state in lieu of a tax computed and applied in the same manner as
the tax, fee, or toll of such other state or province so long as such tax,
fee, or toll imposed by such other state or province shall remain in
force.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved March 29,1984.
EDUCATION PROFESSIONAL PRACTICES
COMMISSION AND PROFESSIONAL STANDARDS
COMMISSION PER DIEM EXPENSE
REIMBURSEMENT.
Code Title 20, Chapter 2 Amended.
No. 1254 (Senate Bill No. 488).
AN ACT
To amend Code Section 20-2-794 of the Official Code of Georgia
Annotated, relating to qualifications, oaths, and expenses of members
of the Professional Practices Commission, so as to change the maxi-
mum amount of per diem expense reimbursement; to amend Code
Section 20-2-986 of the Official Code of Georgia Annotated, relating
to the reimbursement of expenses of members of the Professional
Standards Commission, so as to change the maximum amount of per
diem expense reimbursement; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
1202
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Code Section 20-2-794 of the Official Code of Georgia
Annotated, relating to qualifications, oaths, and expenses of members
of the Professional Practices Commission, is amended by striking in
its entirety subsection (c) and inserting in its place a new subsection
(c) to read as follows:
(c) Members of the commission shall receive no compensation
for their services but shall be reimbursed for their actual and neces-
sary expenses, not to exceed $59.00 per day, incurred in the perfor-
mance of their official duties and for mileage at the same rate as state
officials and employees. A member of the commission who is an
employee of the Department of Education or of a local board shall be
permitted to attend commission meetings and perform other commis-
sion duties without loss of income or other benefits. A local board
which employs a member of the commission and employs a person to
replace such member during his or her performance of commission
duties or incurs other additional expenses as a result of such perfor-
mance shall be reimbursed for the actual amount of expenses so
incurred.
Section 2. Code Section 20-2-986 of the Official Code of
Georgia Annotated, relating to the reimbursement of expenses of the
Professional Standards Commission, is amended by striking said
Code section in its entirety and substituting in lieu thereof a new
Code Section 20-2-986 to read as follows:
20-2-986. Members of the commission shall receive no compen-
sation for their services, but shall be reimbursed for their actual and
necessary expenses incurred in the performance of official commis-
sion business, but such expenses shall not exceed $59.00 per day and
mileage at the same rate as state officials and employees. It is
specifically provided, however, that no member of the commission,
with the exception of members of the executive committee of the
commission, shall be reimbursed from any public funds for such
expenses for more than 15 days during each calendar year. A member
of the commission who is an employee of an agency of the state, or any
of its political subdivisions, including school systems, shall be permit-
ted to attend commission meetings and perform other commission
duties without loss of income or other benefits. An agency of Georgia,
or any of its political subdivisions, including school systems, which
employs a member of the commission and employs a person to replace
such member during the members performance of commission
duties, or incurs other additional expenses as a result of such perfor-
GEORGIA LAWS 1984 SESSION
1203
mance, shall be reimbursed for the actual amount of any costs so
incurred.
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 29,1984.
WATERCRAFT LIFESAVING DEVICES
REQUIRED -^EXCEPTIONS.
Code Section 52-7-8 Amended.
No. 1255 (House Bill No. 531).
AN ACT
To amend Code Section 52-7-8 of the Official Code of Georgia
Annotated, relating to lifesaving devices on watercraft, so as to
eliminate the requirement that personal flotation devices be readily
accessible to an occupant or occupants of racing sculls, racing shells,
and racing sweeps; to 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 52-7-8 of the Official Code of Georgia
Annotated, relating to lifesaving devices on watercraft, is amended by
striking paragraph (2) of subsection (d) in its entirety and substitut-
ing in lieu thereof a new paragraph (2) to read as follows:
(2) No person may use a vessel upon the water of this state
unless the personal flotation devices as required in paragraph (1) of
1204
GENERAL ACTS AND RESOLUTIONS, VOL. I
this subsection are readily accessible to the occupants of the vessel,
are in good and serviceable condition, are legibly marked with the
United States Coast Guard approved number, and are of an appropri-
ate size for the occupants of the vessel for whom they are intended;
provided, however, that provisions of this subsection shall not apply
to racing sculls, racing shells, and racing sweeps.
Section 2. This Act shall become effective upon its approval by
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 29,1984.
PUBLIC OFFICERS AND EMPLOYEES SM
CERTAIN TRANSACTIONS EXCLUDED AS
CONSTITUTING CONFLICTS OF INTEREST.
Code Section 45-10-25 Amended.
No. 1256 (House Bill No. 908).
AN ACT
To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the
Official Code of Georgia Annotated, relating to conflicts of interests,
so as to provide that certain transactions 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 the state or
GEORGIA LAWS 1984 SESSION
1205
any agency thereof shall not be unlawful and shall not constitute a
conflict of interest; to authorize 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 the state or any agency
thereof to engage in certain 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. Part 1 of Article 2 of Chapter 10 of Title 45 of the
Official Code of Georgia Annotated, relating to conflicts of interests,
is amended by striking in its entirety Code Section 45-10-25, relating
to transactions which are not prohibited, and inserting in lieu thereof
a new Code Section 45-10-25 to read as follows:
45-10-25. (a) 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 the state or
any agency thereof under which it is agreed that the public official
or employee or any business in which such public official or
employee or any member of his family has a substantial interest is
to provide Medicaid and related services and benefits or medicare
and related services and benefits, or both, and under which it is
1206
GENERAL ACTS AND RESOLUTIONS, VOL. I
agreed that the state or any agency thereof is to reimburse or pay
for the services and benefits so provided;
(5) 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 the state or
any agency thereof under which the public official or employee or
any business in which such public official or employee or any
member of his family has a substantial interest directly or indi-
rectly receives reimbursement or payment from the state or any
agency thereof for providing Medicaid and related services and
benefits or medicare and related services and benefits, or both,
and under which the state or any agency thereof reimburses or
pays the public official or employee or any business in which such
public official or employee or any member of his family has a
substantial interest for providing Medicaid and related services
and benefits or medicare and related services and benefits, or
both;
(6) 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 transac-
tion, the contractor in obtaining, retaining, or fulfilling the state
contract;
(7) Any transaction involving part-time employment by the
Georgia Building Authority of custodial and cleaning workers who
work for other agencies;
(8) 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 1984 SESSION
1207
(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;
(9) 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
1208
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;
(10) 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;
(11) 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;
(12) Any transaction occurring prior to March 1,1983;
(13) 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;
(14) 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
(15) 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 1984 SESSION
1209
(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 subparagraphs (A)
and (B) of this paragraph, 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.
(b) Authority is given for 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 the state or any agency
thereof to engage in any transaction exempted from the coverage of
this part by subsection (a) of this Code section and subsection (b) of
Code Section 45-10-25 and any transaction necessary and proper to
such transaction.
Section 2. This Act shall become effective upon its approval by
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 3,1984.
1210
GENERAL ACTS AND RESOLUTIONS, VOL. I
LAW ENFORCEMENT OFFICERS AND AGENCIES
ANNUAL TRAINING OF CERTAIN PERSONNEL.
Code Section 35-8-20 Enacted.
No. 1257 (House Bill No. 1046).
AN ACT
To amend Chapter 8 of Title 35 of the Official Code of Georgia
Annotated, relating to employment and training of law enforcement
officers, so as to require the chiefs of police or department heads of
law enforcement units and wardens of state institutions to take
annual training; to provide for funding; to provide sanctions against
chiefs of police or department heads of law enforcement units and
wardens of state institutions who fail to comply with the training
requirements; to provide exceptions; to repeal conflicting laws; and
for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 35 of the Official Code of Georgia
Annotated, relating to employment and training of law enforcement
officers, is amended by adding a new Code Section 35-8-20 to read as
follows:
35-8-20. (a) During calendar year 1985 and during each calen-
dar year thereafter, the chief of police or department head of each law
enforcement unit and wardens of state institutions shall complete 20
hours of training as provided in this Code section.
(b) This training shall be completed in sessions as selected and
provided by the Georgia Association of Chiefs of Police and the
Georgia Prison Wardens Association which have been recognized by
the Georgia Peace Officer Standards and Training Council.
(c) The council is authorized to expend funds appropriated or
otherwise available to it for paying the costs of such training other
than travel expenses and salaries of police chiefs or department heads
of law enforcement units and wardens of state institutions undergoing
training and shall expend such funds for purposes of compensating a
training officer to administer the course of training and conduct any
business associated with the provisions of this Code section.
GEORGIA LAWS 1984 SESSION
1211
(d) The salary and travel expenses of a chief of police or depart-
ment head of a law enforcement unit or a warden of a state institution
taking the required training shall be paid by the law enforcement unit
by which he is employed.
(e) Any chief of police or department head of a law enforcement
unit or a warden of a state institution who does not fulfill the training
requirement of this Code section shall lose his power of arrest.
(f) A waiver of the requirement of training provided in this Code
section may be granted by the Peace Officer Standards and Training
Council, in its discretion, upon the presentation of evidence by a chief
of police or department head of a law enforcement unit or a warden of
a state institution that he was unable to complete such training due to
medical disability, providential cause, or other reason deemed suffi-
cient by the council.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
MOTOR VEHICLE EQUIPMENT APPLICATION OF
CERTAIN MATERIAL TO WINDSHIELD AND FRONT
WINDOWS PROHIBITED PENALTIES, ETC.
Code Section 40-8-73.1 Amended.
No. 1258 (Senate Bill No. 477).
AN ACT
To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official
Code of Georgia Annotated, relating to equipment requirements for
motor vehicles, so as to make it unlawful for any resident person to
operate a motor vehicle in this state which has material and glazing
1212
GENERAL ACTS AND RESOLUTIONS, VOL. I
applied or affixed to the front windshield which reduces light trans-
mission through the windshield or which has material and glazing
applied or affixed to the front door windows which reduces light
transmission through the window to less than 32 percent; to provide
definitions; to provide for exceptions; to require manufacturers of
certain materials to certify certain information; to require sellers and
installers of certain materials to inform the purchasers of certain
facts; to provide for rules and regulations; to provide for penalties; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 4 of Article 1 of Chapter 8 of Title 40 of the
Official Code of Georgia Annotated, relating to equipment require-
ments for motor vehicles, is amended by striking in its entirety Code
Section 40-8-73.1 which reads 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;
GEORGIA LAWS 1984 SESSION
1213
(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; and
(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 vehi-
cles or to certificates or identification decals or other papers
required by law to be displayed on such windshields or windows.
(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.,
1214
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new Code Section 40-8-73.1 to read as
follows:
40-8-73.1. (a) As used in this Code section, the term:
(1) Light transmission means the ratio of the amount of
total light, expressed in percentages, which is allowed to pass
through a surface to the amount of light falling on the surface.
(2) Manufacturer means a person who produces or assem-
bles a vehicle glass-coating material or who fabricates, laminates,
or tempers a safety-glazing material which material reduces light
transmission.
(3) Material means any transparent product or substance
which reduces light transmission.
(b) Except as provided in this Code section, from and after
January 1, 1985, it shall be unlawful for any resident person to
operate a motor vehicle in this state:
(1) Which has material and glazing applied or affixed to the
front windshield which material and glazing when so applied or
affixed reduce light transmission through the windshield; or
(2) Which has material and glazing applied or affixed to the
front door windows which material and glazing when so applied or
affixed reduce light transmission through the window to less than
32 percent.
(c) The provisions of subsection (b) of this Code section shall not
apply to:
(1) Adjustable sun visors which are mounted forward of the
side windows and are not attached to the glass;
(2) Signs, stickers, or other matter which is displayed in a
seven-inch square in the lower corner of the windshield farthest
removed from the driver or signs, stickers, or other matter which is
displayed in a five-inch square in the lower corner of the wind-
shield nearest the driver;
GEORGIA LAWS 1984 SESSION
1215
(3) Direction, destination, or termination signs upon a pas-
senger common carrier motor vehicle if the signs do not interfere
with the drivers clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color
which is placed on the uppermost six inches of the windshield; or
(5) Any federal, state, or local sticker or certificate which is
required by law to be placed on any windshield or window.
(d) Each manufacturer shall certify to the Department of Public
Safety that any material he produces which is sold in Georgia shall
when applied or affixed to a window not reduce light transmission to
less than 32 percent.
(e) Each person who sells or installs materials produced by a
manufacturer shall inform, in writing, the consumer that the material
may be unlawful in certain states.
(f) The Department of Public Safety may, upon application
from a person required for medical reasons to be shielded from the
direct rays of the sun and only if such application is supported by
written attestation of such fact from a person licensed to practice
medicine under Chapter 34 of Title 43, issue an exemption from the
provisions of this Code section for any motor vehicle owned by such
person or in which such person is a habitual passenger. The exemp-
tion shall be issued with such conditions and limitations as may be
prescribed by the Department of Public Safety.
(g) The Department of Public Safety is authorized to promul-
gate such rules and regulations as may be necessary to carry out the
provisions of this Code section.
(h) Any person who violates subsection (b) of this Code section
shall be 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 April 3,1984.
1216
GENERAL ACTS AND RESOLUTIONS, VOL. I
ANIMALS IMPORTATION OF CERTAIN EXOTIC
BIRDS INTO STATE PROHIBITED.
Code Sections 4-10-7.1 and 4-10-7.2 Enacted.
No. 1259 (House Bill No. 1048).
AN ACT
To amend Chapter 10 of Title 4 of the Official Code of Georgia
Annotated, relating to exotic birds and pet birds, so as to direct the
Commissioner of Agriculture to establish a listing of birds not native
to this state which if introduced into this state would be capable of
breeding in the wild and would be detrimental to the agricultural
industry of this state; to prohibit bringing such birds into this state
except under certain conditions; to prohibit bringing psittacine birds
and other exotic birds into this state except under certain conditions;
to provide for the quarantine, seizure, and destruction of birds
unlawfully brought into this state and other birds exposed to such
birds; to provide criminal penalties; 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 10 of Title 4 of the Official Code of Georgia
Annotated, relating to exotic birds and pet birds, is amended by
adding new Code Sections 4-10-7.1 and 4-10-7.2 to read as follows:
4-10-7.1. (a) The Commissioner of Agriculture shall by rule
determine and establish a listing of all types of birds not native to this
state which if introduced into this state would be capable of breeding
in the wild and would, if established in the wild, present a threat of
being detrimental to the agricultural industry of this state.
(b) Except as provided in subsection (c) of this Code section, it
shall be unlawful to bring into this state any bird identified in the
listing of birds established pursuant to subsection (a) of this Code
section.
(c) The department may issue a permit to bring into this state a
bird identified in the listing of birds established pursuant to subsec-
tion (a) of this Code section if the person applying for such a permit
GEORGIA LAWS 1984 SESSION
1217
establishes to the satisfaction of the department that adequate
precautions will be taken to ensure that neither the bird for which the
permit is issued nor any offspring of such bird will be allowed to
escape captivity.
(d) The department may quarantine, seize, and destroy any bird
brought into this state in violation of this Code section.
(e) Any person convicted of violating the provisions of subsec-
tion (b) of this Code section shall be guilty of a misdemeanor.
4-10-7.2. (a) As used in this Code section, the termpsittacine
birds includes birds commonly known as parrots, Amazons, African
grays, cockatoos, macaws, parrotlets, beebees, parakeets, lovebirds,
lories, lorikeets, and all other birds'of the order Psittaciformes.
(b) It shall be unlawful to bring into this state any psittacine
bird or other exotic bird designated by rule by the Commissioner of
Agriculture as a potential carrier of disease coming directly or indi-
rectly from outside the United States unless the bird was brought into
the United States in conformity with the quarantine regulations of
the United States Department of Agriculture.
(c) The department may quarantine, seize, and destroy any bird
brought into this state in violation of this Code section and any bird
exposed to a bird brought into the state in violation of this Code
section.
(d) Any person convicted of violating the provisions of subsec-
tion (b) of 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 April 3,1984.
1218
GENERAL ACTS AND RESOLUTIONS, VOL. I
WORKERS COMPENSATION ELECTION BY SOLE
PROPRIETOR TO ACCEPT COVERAGE.
Code Section 34-9-2.2 Enacted.
No. 1260 (House Bill No. 894).
AN ACT
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of
Georgia Annotated, relating to general provisions with respect to
workers compensation, so as to provide that a sole proprietor or
partner of a business whose employees are eligible for workers
compensation benefits may elect to be included as an employee under
the workers compensation insurance coverage of such business; to
provide certain conditions; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 1 of Chapter 9 of Title 34 of the Official Code
of Georgia Annotated, relating to general provisions with respect to
workers compensation, is amended by adding after Code Section 34-
9-2.1 and before Code Section 34-9-3 a new Code section to be
designated Code Section 34-9-2.2 to read as follows:
34-9-2.2. Any sole proprietor or partner of a business whose
employees are eligible for benefits under this chapter may elect to be
included as an employee under the workers compensation insurance
coverage of such business if he is actively engaged in the operation of
the business and if the insurer is notified of his election to be so
included. Any such sole proprietor or partner shall, upon such
election, be entitled to the employee benefits and be subject to the
employee responsibilities prescribed in this chapter.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
GEORGIA LAWS 1984 SESSION
1219
STATE GOVERNMENT ^ ADMINISTRATIVE
PROCEDURES ACTIONS REQUIRED PRIOR TO
ADOPTION OF RULES.
Code Section 50-13-4 Amended.
No. 1261 (House Bill No. 883).
AN ACT
To amend Chapter 13 of Title 50 of the Official Code of Georgia
Annotated, relating to administrative procedures, so as to provide
that state agencies shall reduce the economic impact of proposed
rules on small business by taking certain actions prior to the formula-
tion and adoption of rules; to provide an effective date; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia
Annotated, relating to administrative procedures, is amended by
striking in its entirety subsection (a) of Code Section 50-13-4, relating
to procedural requirements for adoption, amendment, or repeal of
rules, and inserting in lieu thereof a new subsection (a) to read as
follows:
(a) Prior to the adoption, amendment, or repeal of any rule,
other than interpretive rules or general statements of policy, the
agency shall:
(1) Give at least 30 days notice of its intended action. The
notice shall include an exact copy of the proposed rule. It shall also
include the exact date on which the agency shall consider the
adoption of the rule and shall include the time and place in order
that interested persons may present their views thereon. The
notice shall also contain a citation of the authority pursuant to
which the rule is proposed for adoption and, if the proposal is an
amendment or repeal of an existing rule, the rule shall be clearly
identified. The notice shall be mailed to all persons who have
requested in writing that they be placed upon a mailing list which
shall be maintained by the agency for advance notice of its rule-
making proceedings and who have tendered the actual cost of such
mailing as from time to time estimated by the agency;
1220
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Afford to all interested persons reasonable opportunity
to submit data, views, or arguments, orally or in writing. In the
case of substantive rules, opportunity for oral hearing must be
granted if requested by 25 persons who will be directly affected by
the proposed rule, by a governmental subdivision, or by an associ-
ation having not less than 25 members. The agency shall consider
fully all written and oral submissions respecting the proposed rule.
Upon adoption of a rule, the agency, if requested to do so by an
interested person either prior to adoption or within 30 days
thereafter, shall issue a concise statement of the principal reasons
for and against its adoption and incorporate therein its reason for
overruling the consideration urged against its adoption; and
(3) In the formulation and adoption of any rule which will
have an economic impact on businesses in the state, reduce the
economic impact of the rule on small businesses which are inde-
pendently owned and operated, are not dominant in their field,
and employ 100 employees or less by implementing one or more of
the following actions when it is legal and feasible in meeting the
stated objectives of the statutes which are the basis of the pro-
posed rule:
(A) Establish differing compliance or reporting
requirements or timetables for small businesses;
(B) Clarify, consolidate, or simplify the compliance and
reporting requirements under the rule for small businesses;
(C) Establish performance rather than design stan-
dards for small businesses; or
(D) Exempt small businesses from any or all require-
ments of the rules.
Section 2. This Act shall become effective upon its approval by
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 3,1984.
GEORGIA LAWS 1984 SESSION
1221
DRIVERS LICENSES DEFINITION OF
CONVICTION FOR PURPOSE OF MANDATORY
SUSPENSION.
Code Title 33, Chapter 34 Amended.
No. 1262 (Senate Bill No. 392).
AN ACT
To amend Chapter 34 of Title 33 of the Official Code of Georgia
Annotated, known as the Georgia Motor Vehicle Accident Repara-
tions Act, so as to specify what shall be considered a conviction for
the purposes of mandatory susperisions of drivers licenses; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia
Annotated, known as the Georgia Motor Vehicle Accident Repara-
tions Act, is amended by striking paragraph (4) of subsection (a) of
Code Section 33-34-10, relating to requirements of proof of motor
vehicle insurance, which reads as follows:
(4) (A) For the purposes of the mandatory suspension of
licenses and license tags provided in subparagraph (A) of para-
graph (2) of this subsection, a forfeiture of bail or collateral used to
seek a defendants appearance in court, the payment of a fine, a
plea of guilty, or a finding of guilty on a violation under this
subsection shall be considered a conviction regardless of whether
the sentence is suspended, probated, or rebated.
(B) For the purposes of the mandatory suspension of
licenses and license tags provided in subparagraph (B) of para-
graph (2) of this subsection, a forfeiture of bail or collateral used to
seek a defendants appearance in court, the payment of a fine, a
plea of guilty, a plea of nolo contendere, or a finding of guilty on a
violation under this subsection shall be considered a conviction
regardless of whether the sentence is suspended, probated, or
revoked.,
1222
GENERAL ACTS AND RESOLUTIONS, VOL. I
in its entirety.
Section 2. Said chapter is further amended by adding immedi-
ately following Code Section 33-34-10, relating to the requirement of
showing and maintaining proof of insurance, a new Code Section 33-
34-10.1 to read as follows:
33-34-10.1. (a) For the purposes of mandatory suspension of a
drivers license or license tag for a first violation of subsection (a) or
(c) of Code Section 33-34-10, a forfeiture of bail or collateral used to
seek a defendants appearance in court, the payment of a fine, a plea
of guilty, or a finding of guilty shall be considered a conviction
regardless of whether the sentence is suspended, probated, rebated,
or revoked. A plea of nolo contendere shall not be considered a
conviction under this subsection, but a record of the disposition of the
case shall be forwarded by the court to the Department of Public
Safety for the purposes of counting the plea of nolo contendere as a
conviction under subsection (b) of this Code section.
(b) For the purposes of mandatory suspension of a drivers
license or license tag for a second or subsequent violation of subsec-
tion (a) or (c) of Code Section 33-34-10, a forfeiture of bail or
collateral used to seek a defendants appearance in court, the pay-
ment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo
contendere to a previous violation of subsection (a) or (c) of Code
Section 33-34-10, or a finding of guilty shall be considered a convic-
tion regardless of whether the sentence is suspended, probated,
rebated, or revoked.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
GEORGIA LAWS 1984 SESSION
1223
BOXING MATCH LICENSES STATE BOXING
COMMISSION LAW AMENDED.
Code Title 31, Chapter 31 Amended.
No. 1263 (House Bill No. 1293).
AN ACT
To amend Chapter 31 of Title 31 of the Official Code of Georgia,
relating to boxing match licenses, so as to provide an additional
definition; to change the provisions relating to the membership of the
State Boxing Commission; to provide additional powers of the com-
mission; to change the provisions relating to licenses and fees; to
change the provisions relating to revocation or suspension of licenses;
to provide for examination of boxers, restrictions on buildings, and
certain age limitations; to change the provisions relating to penalties;
to provide for the assignment of the commission for administrative
purposes to the Department of Natural Resources rather than the
Department of Human Resources; to provide for other matters rela-
tive to the foregoing; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 31 of Title 31 of the Official Code of Georgia,
relating to boxing match licenses, is amended by adding at the end of
Code Section 31-31-1, relating to definitions, a new paragraph (4) to
read as follows:
(4) Professional boxing match means an event in the State of
Georgia in which boxers compete for a monetary prize.
Section 2. Said chapter is further amended by striking subsec-
tion (b) of Code Section 31-31-2, relating to the membership of the
commission, and substituting in lieu thereof a new subsection (b) to
read as follows:
(b) The commission shall be composed of five members
appointed by the Governor. All original appointments shall be for
initial terms of two years and subsequent appointments shall be for
1224
GENERAL ACTS AND RESOLUTIONS, VOL. I
terms of four years. Vacancies shall be filled for the unexpired term
under the same procedures and requirements as appointments for full
terms.
Section 3. Said chapter is further amended by adding at the end
of Code Section 31-31-2, relating to the boxing commission, new
subsections (e), (f), (g), (h), and (i) to read as follows:
(e) The commission has the authority to license participants in
any professional boxing match held in the State of Georgia. No
referee, judge, timekeeper, announcer, boxer or boxers trainer, man-
ager, or second may participate in a professional boxing match in this
state without a current, unrevoked license issued by the commission.
Licenses shall be issued annually and shall expire on December 31 of
each calendar year. Each applicant for a license shall, before a license
is issued by the commission, pay to the commission an annual license
fee in an amount to be determined by the commission.
(f) The commission has the authority to direct, manage, control,
and supervise all professional boxing matches. It may promulgate
and enforce rules and regulations for the holding of professional
boxing matches and for the effective administration of this chapter.
(g) The commission may appoint inspectors as duly authorized
representatives of the commission who shall be present at all profes-
sional boxing matches and see that the rules are strictly observed. An
inspector or other duly authorized representative of the commission
must be present at the weigh in and at the ring during the conduct of
the match. Inspectors and other duly authorized representatives of
the commission shall have free access to the dressing room of the
boxers.
(h) The commission may designate physicians as duly autho-
rized representatives of the commission to conduct physical examina-
tions of boxers licensed under this chapter.
(i) The commission or any agent duly designated by the commis-
sion may make investigations. The commission may hold hearings,
issue subpoenas to compel the attendance of witnesses and the
production of books, papers, and records, and administer oaths to and
examine any witnesses for the purpose of determining any question
coming before it under this chapter or under the rules and regulations
adopted pursuant thereto.
GEORGIA LAWS 1984 SESSION
1225
Section 4. Said chapter is further amended by striking Code
Section 31-31-3, relating to licenses and fees, in its entirety and
substituting in lieu thereof a new Code Section 31-31-3 to read as
follows:
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 promoters license from the commission. The
applicant shall make application to the commission on a form pro-
vided for such purpose by the commission. The application shall be
accompanied by a cashiers check made out to the State Boxing
Commission in the amount of $150.00, which shall be a nonrefundable
fee. The application shall also be accompanied by an additional fee in
the form of a certified check in an amount to be determined by the
commission. The chairman of the commission, upon receiving the
application and checks along with proof that all required licenses
have been issued, 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 an amount and on such conditions 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.
Section 5. Said chapter is further amended by striking subsec-
tion (b) of Code Section 31-31-4, relating to issuance of license, in its
entirety and substituting in lieu thereof new subsections (b) and (c) to
read as follows:
(b) The commission may, by majority vote, after prior notice to
the holder of any state license and after affording such a holder an
opportunity to be heard, revoke, suspend, or take other disciplinary
action against the state license.
(c) The commission may refund any portion of the fee for the
state promoters license in excess of $150.00 in the event the profes-
sional boxing match is not held.
Section 6. Said chapter is further amended by adding between
Code Sections 31-31-4 and 31-31-5 new Code Sections 31-31-4.1, 31-
31-4.2, and 31-31-4.3 to read as follows:
1226
GENERAL ACTS AND RESOLUTIONS, VOL. I
31-31-4.1. All professional boxers must be examined by a physi-
cian designated by the commission before entering the ring and each
such physician shall immediately file with the commission a written
report of such examination. The commission may at any time require
a licensed boxer to undergo a physical examination, including any
neurological or neuropsychological test or procedure. A physician
approved by the commission must be in attendance at every profes-
sional boxing match and observe the physical condition of the boxers
and advise the referee with regard thereto.
31-31-4.2. All buildings or structures used or intended to be used
for holding or giving professional boxing matches shall be safe and
shall in all manner conform to the laws, ordinances, and regulations
pertaining to buildings in the city or unincorporated county area
where the building or structure is situated.
31-31-4.3. No person under the age of 16 shall be admitted to a
professional boxing match unless such person is accompanied by the
persons parent or guardian. No person under the age of 18 years shall
participate as a contestant in any professional boxing match.
Section 7. Said chapter is further amended by striking Code
Section 31-31-5, relating to penalties, in its entirety and substituting
in lieu thereof a new Code Section 31-31-5 to read as follows:
31-31-5. (a) It shall be unlawful for any person, firm, or
corporation to promote, hold, or participate in any professional
boxing match without having first obtained a state license from the
commission or to continue to promote, hold, or participate in such
match in this state without valid and current state and 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.
(d) Whenever it shall appear to the commission that a profes-
sional boxing match will be held in violation of this chapter, the
commission shall immediately submit a complete report of all infor-
mation available to it to the Attorney General. An action may be
brought by this state to enjoin such professional boxing match. In any
GEORGIA LAWS 1984 SESSION
1227
such action, an order or judgment may be entered awarding such
preliminary or final injunctions as may be deemed proper.
Section 8. Said chapter is further amended by striking Code
Section 31-31-6, relating to assignment of the commission for admin-
istrative purposes, and substituting in lieu thereof a new Code
Section 31-31-6 to read as follows:
31-31-6. The commission shall be assigned to the Department
of Natural Resources for administrative purposes only, as provided in
Code Section 50-4-3, relating to assignments for administrative pur-
poses.
Section 9. Funds appropriated for the State Boxing Commission
shall be transferred to the Department of Natural Resources as
provided in Code Section 45-12-90.
Section 10. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 3,1984.
LABOR AND INDUSTRIAL RELATIONS BOILER
AND PRESSURE VESSEL SAFETY ACT ENACTED.
Code Title 34, Chapter 11 Enacted.
Code Sections 8-2-70 through 8-2-75 Repealed.
No. 1264 (House Bill No. 864).
AN ACT
To amend Title 34 of the Official Code of Georgia Annotated,
relating to labor and industrial relations, so as to provide for the safe
1228
GENERAL ACTS AND RESOLUTIONS, VOL. I
construction, installation, inspection, maintenance, and repair of
boilers and pressure vessels; to provide a short title; to define certain
terms; to create the Board of Boiler and Pressure Vessel Rules and to
provide for its powers, duties, and expense allowances; to provide for
rules and regulations; to provide certain exemptions; to provide for a
chief inspector and his duties; to provide for deputy inspectors; to
provide for special inspectors and owner or user inspectors; to require
inspectors to pass a certain examination; to provide for certificates of
competency and the revocation of such certificates; to provide for the
inspection of boilers and pressure vessels; to provide for inspection
reports and inspection certificates; to provide for inspection fees; to
provide penalties for noncompliance with this Act; to provide for
bonds; to provide for exclusive jurisdiction; to repeal Part 4 of Article
1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated,
relating to boilers, pressure vessels, and water heaters; to provide for
severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 34 of the Official Code of Georgia Annotated,
relating to labor and industrial relations, is amended by adding at the
end thereof a new chapter, to be designated Chapter 11, to read as
follows:
CHAPTER 11
34-11-1. This chapter shall be known and may be cited as the
Boiler and Pressure Vessel Safety Act and, except as otherwise
provided in this chapter, shall apply to all boilers and pressure
vessels.
34-11-2. As used in this chapter, the term:
(1) Boiler means a closed vessel in which water or other
liquid is heated, steam or vapor is generated, or steam is super-
heated or in which any combination of these functions is accom-
plished, under pressure or vacuum, for use externally to itself, by
the direct application of energy from the combustion of fuels or
from electricity, solar, or nuclear energy. The term boiler shall
include fired units for heating or vaporizing liquids other than
water where these units are separate from processing systems and
GEORGIA LAWS 1984 SESSION
1229
are complete within themselves. The term boiler is further
defined as follows:
(A) Heating boiler means a steam or vapor boiler
operating at pressures not exceeding 15 psig or a hot water
boiler operating at pressures not exceeding 160 psig or tem-
peratures not exceeding 250 degrees Fahrenheit.
(B) High pressure, high temperature water boiler
means a water boiler operating at pressures exceeding 160
psig or temperatures exceeding 250 degrees Fahrenheit.
(C) Power boiler means a boiler in which steam or
other vapor is generated at a pressure of more than 15 psig.
(2) Certificate of inspection means an inspection, the
report of which is used by the chief inspector to determine
whether or not a certificate as provided by subsection (c) of Code
Section 34-11-15 may be issued.
(3) Commissioner means the Commissioner of Labor.
(4) Pressure vessel means a vessel other than those vessels
defined in paragraph (1) of this Code section in which the pressure
is obtained from an external source or by the application of heat.
34-11-3. (a) There is created within the Department of Labor a
Board of Boiler and Pressure Vessel Rules which shall be referred to
in this chapter as the board. The board shall consist of nine members,
the majority of whom shall have experience in design, construction,
inspection, repair, or operation of boilers or pressure vessels. Eight of
these members shall be appointed by the Governor, two for a term of
one year, two for a term of two years, two for a term of three years, and
two for a term of four years. At the expiration of their respective
terms of office, they, or their successors identifiable with the same
interest respectively as provided in this chapter, shall be appointed
for terms of four years each. The Governor may at any time remove
any member of the board for inefficiency or neglect of duty in office.
Upon the death or incapacity of any member, the Governor shall fill
the vacancy for the remainder of the unexpired term with a represen-
tative of the same interests with which his predecessor was identified.
Of these eight appointed members, the majority of whom shall be
registered professional engineers when available, one shall be a
1230
GENERAL ACTS AND RESOLUTIONS, VOL. I
representative of owners and users of power boilers having experience
with such boilers; one shall be a representative of owners and users of
heating boilers; one shall be a representative of owners and users of
pressure vessels having experience with such vessels; one shall be a
representative of boiler or pressure vessel manufacturers; one shall be
a representative of the crafts involved in the construction, repair, or
operation of boilers or pressure vessels; one shall be a representative
of the heating contractors; one shall be a representative of a company
licensed to insure and insuring in this state boilers and pressure
vessels; and one shall represent the public, such as a mechanical
engineer on the faculty of a recognized engineering college within the
state or a licensed professional engineer. The ninth member of the
board shall be the Commissioner of Labor or his designee. The board
shall elect one of its members to serve as chairman for a term of one
year. The board shall meet at least two times each year at the call of
the chairman at the capitol or other place designated by the chair-
man. No approval, decision, or ruling of the board shall be effective
unless supported by the vote of at least five members thereof.
(b) The members of the board, except the Commissioner of
Labor, shall serve without salary but shall receive the same expense
allowance as members of other boards pursuant to subsection (f) of
Code Section 43-1-2.
34-11-4. (a) (1) The board shall formulate definitions, rules,
and regulations for the safe construction, installation, inspection,
maintenance, and repair of boilers and pressure vessels in this
state.
(2) The definitions, rules, and regulations so formulated for
new construction shall be based upon and at all times follow the
generally accepted nation-wide engineering standards, formulas,
and practices established and pertaining to boiler and pressure
vessel construction and safety; and the board may by resolution
adopt an existing published codification thereof, known as the
Boiler and Pressure Vessel Code of the American Society of
Mechanical Engineers, with the amendments and interpretations
thereto made and approved by the council of the society, and may
likewise adopt the amendments and interpretations subsequently
made and published by the same authority. When so adopted, the
same shall be deemed to be incorporated into and shall constitute
a part of the whole of the definitions, rules, and regulations of the
board. Amendments and interpretations to the code so adopted
GEORGIA LAWS 1984 SESSION
1231
shall be effective immediately upon being promulgated, to the end
that the definitions, rules, and regulations shall at all times follow
the generally accepted nation-wide engineering standards.
(3) The board shall formulate the rules and regulations for
the inspection, maintenance, and repair of boilers and pressure
vessels which were in use in this state prior to the date upon which
the first rules and regulations under this chapter pertaining to
existing installations become effective or during the 12 month
period immediately thereafter. The rules and regulations so
formulated shall be based upon and at all times follow generally
accepted nation-wide engineering standards and practices and
may adopt sections of the Inspection Code of the National Board
of Boiler and Pressure Vessel Inspectors or API 510 of the
American Petroleum Institute, as applicable.
(b) The rules and regulations and any subsequent amendments
thereto formulated by the board shall, immediately following a
hearing upon not less than 20 days notice as provided in this chapter,
be approved and published and when so promulgated shall have the
force and effect of law, except that the rules applying to the construc-
tion of new boilers and pressure vessels shall not become mandatory
until 12 months after their promulgation by the board. Notice of the
hearing shall give the time and place of the hearing and shall state the
matters to be considered at the hearing. Such notice shall be given to
all persons directly affected by such hearing. In the event all persons
directly affected are unknown, notice may be perfected by publica-
tion in a newspaper of general circulation in this state at least 20 days
prior to such hearing.
(c) Subsequent amendments to the rules and regulations
adopted by the board shall be permissive immediately and shall
become mandatory 12 months after their promulgation.
34-11-5. No boiler or pressure vessel which does not conform to
the rules and regulations of the board governing new construction and
installation shall be installed and operated in this state after 12
months from the date upon which the first rules and regulations
under this chapter pertaining to new construction and installation
shall have become effective, unless the boiler or pressure vessel is of
special design or construction and is not inconsistent with the spirit
and safety objectives of such rules and regulations, in which case a
special installation and operating permit may at its discretion be
granted by the board.
1232
GENERAL ACTS AND RESOLUTIONS, VOL. I
34-11-6. (a) The maximum allowable working pressure of a
boiler carrying the ASME Code symbol or of a pressure vessel
carrying the ASME or API-ASME symbol shall be determined by the
applicable sections of the code under which it was constructed and
stamped. Subject to the concurrence of the enforcement authority at
the point of installation, such a boiler or pressure vessel may be
rerated in accordance with the rules of a later edition of the ASME
Code and in accordance with the rules of the National Board Inspec-
tion Code or API 510, as applicable.
(b) The maximum allowable working pressure of a boiler or
pressure vessel which does not carry the ASME or the API-ASME
Code symbol shall be computed in accordance with the Inspection
Code of the National Board of Boiler and Pressure Vessel Inspectors.
(c) This chapter shall not be construed as in any way preventing
the use, sale, or reinstallation of a boiler or pressure vessel referred to
in this Code section, provided it has been made to conform to the
rules and regulations of the board governing existing installations and
provided, further, that it has not been found upon inspection to be in
an unsafe condition.
34-11-7. (a) This chapter shall not apply to the following
boilers and pressure vessels:
(1) Boilers and pressure vessels under federal control or
under regulations of Title 49 of the Code of Federal Regulations,
Parts 192 and 193;
(2) Pressure vessels used for transportation and storage of
compressed or liquified gases when constructed in compliance
with specifications of the United States Department of Trans-
portation and when charged with gas or liquid, marked, main-
tained, and periodically requalified for use, as required by appro-
priate regulations of the United States Department of Trans-
portation;
(3) Pressure vessels located on vehicles operating under the
rules of other state or federal authorities and used for carrying
passengers or freight',
(4) Air tanks installed on the right of way of railroads and
used directly in the operation of trains;
GEORGIA LAWS 1984 SESSION
1233
(5) Pressure vessels that do not exceed:
(A) Five cubic feet in volume and 250 psig pressure; or
(B) One and one-half cubic feet in volume and 600 psig
pressure; or
(C) An inside diameter of six inches with no limitation
on pressure;
(6) Pressure vessels having an internal or external working
pressure not exceeding 15 psig with no limit on size;
(7) Pressure vessels with a nominal water-containing capac-
ity of 120 gallons or less for containing water under pressure,
including those containing air, the compression of which serves
only as a cushion;
(8) Pressure vessels containing water heated by steam or
any other indirect means when none of the following limitations
are exceeded:
(A) A heat input of 200,000 BTU per hour;
(B) A water temperature of 210 degrees Fahrenheit;
and
(C) A nominal water containing capacity of 120 gallons;
(9) Hot water supply boilers which are directly fired with
oil, gas, or electricity when none of the following limitations are
exceeded:
(A) Heat input of 200,000 BTU per hour;
(B) Water temperature of 210 degrees Fahrenheit; and
(C) Nominal water capacity of 120 gallons.
These exempt hot water supply boilers shall be equipped with
ASME-National Board approved safety relief valves;
1234
GENERAL ACTS AND RESOLUTIONS, VOL. I
(10) Pressure vessels in the care, custody, and control of
research facilities and used solely for research purposes which
require one or more details of noncode construction or which
involve destruction or reduced life expectancy of those vessels;
(11) Pressure vessels or other structures or components that
are not considered to be within the scope of ASME Code, Section
VIII; and
(12) Boilers and pressure vessels operated and maintained
for the production and generation of electricity or steam used in a
manufacturing process.
(b) The following boilers and pressure vessels shall be exempt
from the requirements of subsections (b), (c), and (d) of Code Section
34-11-14 and Code Sections 34-11-15,34-11-16, and 34-11-17:
(1) Boilers or pressure vessels located on farms and used
solely for agricultural or horticultural purposes;
(2) Heating boilers or pressure vessels which are located in
private residences or in apartment houses of less than six family
units;
(3) Any pressure vessel used as an external part of an
electrical circuit breaker or transformer;
(4) Pressure vessels on remote oil or gas producing lease
locations that have fewer than ten buildings intended for human
occupancy per 0.25 square mile and where the closest building is at
least 220 yards from any vessel; and
(5) Pressure vessels operated entirely full of water or other
liquid which is not materially more hazardous than water, pro-
vided the temperature of the vessel contents does not exceed 150
degrees Fahrenheit and the pressure does not exceed 200 psig.
34-11-8. (a) Within 60 days after the effective date of this
chapter and at any time thereafter that the office of the chief
inspector may become vacant, the Commissioner shall appoint to be
chief inspector a citizen of this state or, if not available, a citizen of
another state, who shall have had at the time of such appointment not
less than five years experience in the construction, installation,
GEORGIA LAWS 1984 SESSION
1235
inspection, operation, maintenance, or repair of high pressure boilers
and pressure vessels as a mechanical engineer, steam operating
engineer, boilermaker, or boiler inspector and who shall have passed
the same kind of examination as that prescribed under Code Section
34-11-11. Such chief inspector may be removed for cause after due
investigation by the board and its recommendation to the Commis-
sioner.
(b) The chief inspector, if authorized by the Commissioner, is
charged, directed, and empowered:
(1) To take action necessary for the enforcement of the laws
of the state governing the use of boilers and pressure vessels to
which this chapter applies and of the rules and regulations of the
board;
(2) To keep a complete record of the name of each owner or
user and his location and, except for pressure vessels covered by an
owner or user inspection service, the type, dimensions, maximum
allowable working pressure, age, and the last recorded inspection
of all boilers and pressure vessels to which the chapter applies;
(3) To publish and make available to anyone requesting
them copies of the rules and regulations promulgated by the
board;
(4) To issue or to suspend or revoke for cause inspection
certificates as provided for in Code Section 34-11-15; and
(5) To cause the prosecution of all violators of the provi-
sions of this chapter.
34-11-9. The Commissioner shall employ deputy inspectors who
shall be responsible to the chief inspector and who shall have had at
the time of appointment not less than three years experience in the
construction, installation, inspection, operation, maintenance, or
repair of high pressure boilers and pressure vessels as a mechanical
engineer, steam operating engineer, boilermaker, or boiler inspector
and who shall have passed the examination provided for in Code
Section 34-11-11.
34-11-10. (a) In addition to the deputy inspectors authorized
by Code Section 34-11-9, the Commissioner shall, upon the request of
1236
GENERAL ACTS AND RESOLUTIONS, VOL. I
any company licensed to insure and insuring in this state boilers and
pressure vessels or upon the request of any company operating
pressure vessels in this state for which the owner or user maintains a
regularly established inspection service which is under the supervi-
sion of one or more technically competent individuals whose qualifi-
cations are satisfactory to the board and causes said pressure vessels
to be regularly inspected and rated by such inspection service in
accordance with applicable provisions of the rules and regulations
adopted by the board pursuant to Code Section 34-11-4, issue to any
inspectors of said insurance company certificates of competency as
special inspectors and to any inspectors of said company operating
pressure vessels certificates of competency as owner or user inspec-
tors, provided that each such inspector before receiving his certificate
of competency shall satisfactorily pass the examination provided for
by Code Section 34-11-11 or, in lieu of such examination, shall hold a
commission or a certificate of competency as an inspector of boilers or
pressure vessels for a state that has a standard of examination
substantially equal to that of this state or a commission as an
inspector of boilers and pressure vessels issued by the National Board
of Boiler and Pressure Vessel Inspectors. A certificate of competency
as an owner or user inspector shall be issued to an inspector of a
company operating pressure vessels in this state only if, in addition to
meeting the requirements stated in this Code section, the inspector is
employed fulltime by the company and is responsible for making
inspections of pressure vessels used or to be used by such company
and which are not for resale.
(b) Such special inspectors or owner or user inspectors shall
receive no salary from nor shall any of their expenses be paid by the
state, and the continuance of their certificates of competency shall be
conditioned upon their continuing in the employ of the boiler insur-
ance company duly authorized as aforesaid or in the employ of the
company so operating pressure vessels in this state and upon their
maintenance of the standards imposed by this chapter.
(c) Such special inspectors or owner or user inspectors may
inspect all boilers and pressure vessels insured or all pressure vessels
operated by their respective companies; and, when so inspected, the
owners and users of such boilers and pressure vessels shall be exempt
from the payment to the state of the inspection fees provided for in
Code Section 34-11-17.
GEORGIA LAWS 1984 SESSION
1237
34-11-11. The examination for chief, deputy, special, or owner or
user inspectors shall be in writing and shall be held by the board or by
an examining board appointed in accordance with the requirements
of the National Board of Boiler and Pressure Vessel Inspectors, with
at least two members present at all times during the examination.
Such examination shall be confined to questions the answers to which
will aid in determining the fitness and competency of the applicant
for the intended service and may be those prepared by the National
Board of Boiler and Pressure Vessel Inspectors. In case an applicant
fails to pass the examination, he may appeal to the board for another
examination which shall be given by the board after 90 days. The
record of an applicants examination shall be accessible to said
applicant and his employer.
34-11-12. (a) An inspectors certificate of competency may be
suspended by the Commissioner after due investigation and recom-
mendation by the board for the incompetence or untrustworthiness of
the holder thereof or for willful falsification of any matter or state-
ment contained in his application or in a report of any inspection
made by him. Written notice of any such suspension shall be given by
the Commissioner within not more than ten days thereof to the
inspector and his employer. A person whose certificate of compe-
tency has been suspended shall be entitled to an appeal to the board
as provided in Code Section 34-11-19 and to be present in person and
to be represented by counsel at the hearing of the appeal.
(b) If the board has reason to believe that an inspector is no
longer qualified to hold his certificate of competency, the board shall,
upon not less than ten days written notice to the inspector and his
employer, hold a hearing at which such inspector and his employer
shall have an opportunity to be heard. If, as a result of such hearing,
the board shall find that such inspector is no longer qualified to hold
his certificate of competency, the board shall recommend to the
Commissioner that such certificate of competency be revoked and the
Commissioner shall thereupon revoke such certificate of competency
forthwith.
(c) A person whose certificate of competency has been sus-
pended shall be entitled to apply, after 90 days from the date of such
suspension, for reinstatement of such certificate of competency.
34-11-13. If a certificate of competency is lost or destroyed, a
new certificate of competency shall be issued in its place without
another examination.
1238
GENERAL ACTS AND RESOLUTIONS, VOL. I
34-11-14. (a) The Commissioner, the chief inspector, or any
deputy inspector shall have free access, during reasonable hours, to
any premises in the state where a boiler or pressure vessel is being
constructed for use in, or is being installed in, this state for the
purpose of ascertaining whether such boiler or pressure vessel is being
constructed and installed in accordance with the provisions of this
chapter.
(b) (1) On and after January 1,1985, each boiler and pressure
vessel used or proposed to be used within this state, except for
pressure vessels covered by an owner or user inspection service as
described in subsection (d) of this Code section or except for
boilers or pressure vessels exempt under Code Section 34-11-7
(owners and users may request to waive this exemption), shall be
thoroughly inspected as to their construction, installation, and
condition as follows:
(A) Power boilers and high pressure, high temperature
water boilers shall receive a certificate inspection annually
which shall be an internal inspection where construction
permits; otherwise it shall be as complete an inspection as
possible. Such boilers shall also be externally inspected while
under pressure, if possible;
(B) Low pressure steam or vapor heating boilers shall
receive a certificate inspection biennially with an internal
inspection every four years where construction permits;
(C) Hot water heating and hot water supply boilers
shall receive a certificate inspection biennially with an inter-
nal inspection at the discretion of the inspector;
(D) Pressure vessels subject to internal corrosion shall
receive a certificate inspection triennially with an internal
inspection at the discretion of the inspector. Pressure vessels
not subject to internal corrosion shall receive a certificate
inspection at intervals set by the board; and
(E) Nuclear vessels within the scope of this chapter
shall be inspected and reported in such form and with such
appropriate information as the board shall designate.
GEORGIA LAWS 1984 SESSION
1239
(2) A grace period of two months beyond the periods speci-
fied in subparagraphs (A) through (D) of this paragraph may
elapse between certificate inspections.
(3) The board may provide for longer periods between
certificate inspection in its rules and regulations.
(4) Under the provisions of this chapter, the board is
responsible for providing for the safety of life, limb, and property
and therefore has jurisdiction over the interpretation and applica-
tion of the inspection requirements as provided for in the rules
and regulations which they have promulgated. The person con-
ducting the inspection during construction and installation shall
certify as to the minimum requirements for safety as defined in
the ASME Code. Inspection requirements of operating equip-
ment shall be in accordance with generally accepted practice and
compatible with the actual service conditions, such as:
(A) Previous experience, based on records of inspec-
tion, performance, and maintenance;
(B) Location, with respect to personnel hazard;
(C) Quality of inspection and operating personnel;
(D) Provision for related safe operation controls; and
(E) Interrelation with other operations outside the
scope of this chapter.
Based upon documentation of such actual service conditions by
the owner or user of the operating equipment, the board
may, in its discretion, permit variations in the inspection
requirements.
(c) The inspections required in this chapter shall be made by the
chief inspector, by a deputy inspector, by a special inspector, or by an
owner or user inspector provided for in this chapter.
(d) Owner or user inspection of pressure vessels is permitted,
provided the owner or user inspection service is regularly established
and is under the supervision of one or more individuals whose
qualifications are satisfactory to the board and said owner or user
1240
GENERAL ACTS AND RESOLUTIONS, VOL. I
causes the pressure vessels to be inspected in conformance with the
National Board Inspection Code or API 510, as applicable.
(e) If, at the discretion of the inspector, a hydrostatic test shall
be deemed necessary, it shall be made by the owner or user of the
boiler or pressure vessel.
(f) All boilers, other than cast iron sectional boilers, and pressure
vessels to be installed in this state after the 12 month period from the
date upon which the rules and regulations of the board shall become
effective shall be inspected during construction as required by the
applicable rules and regulations of the board by an inspector autho-
rized to inspect boilers and pressure vessels in this state or, if
constructed outside of the state, by an inspector holding a commis-
sion issued by the National Board of Boiler and Pressure Vessel
Inspectors.
34-11-15. (a) Each company employing special inspectors
shall, within 30 days following each certificate inspection made by
such inspectors, file a report of such inspection with the chief
inspector upon appropriate forms as promulgated by the Commis-
sioner. The filing of reports of external inspections, other than
certificate inspections, shall not be required except when such inspec-
tions disclose that the boiler or pressure vessel is in a dangerous
condition.
(b) Each company operating pressure vessels covered by owner
or user inspection service meeting the requirements of subsection (a)
of Code Section 34-11-10 shall maintain in its files an inspection
record which shall list, by number and such abbreviated description
as may be necessary for identification, each pressure vessel covered by
this chapter, the date of the last inspection of each pressure vessel,
and the approximate date for the next inspection. The inspection
record shall be available for examination by the chief inspector or his
authorized representative during business hours. Each such company
shall, in addition, file annually with the chief inspector a statement,
signed by the individual having supervision over the inspections
made during the period covered thereby, stating the number of
pressure vessels covered by this chapter which were inspected during
the year and certifying that each such inspection was conducted
pursuant to the inspection requirements provided for by this chapter.
Such annual statement shall be accompanied by a filing fee in
accordance with the following schedule:
GEORGIA LAWS 1984 SESSION
1241
(1)
For statements covering not more
than 25 vessels.............$ 10.00
per
vessel
(2) For statements covering more than
25 but less than 101 vessels. 8.00
(3) For statements covering more than
100 but less than 501 vessels... 5.00
(4) For statements covering more than
500 vessels.................. 3.00
(c) If the report filed pursuant to subsection (a) of this Code
section shows that a boiler or pressure vessel is found to comply with
the rules and regulations of the board, the owner or user thereof shall
pay directed to the chief inspector the sum of $15.00; and the chief
inspector, or his duly authorized representative, shall issue to such
owner or user an inspection certificate bearing the date of inspection
and specifying the maximum pressure under which the boiler or
pressure vessel may be operated. Such inspection certificate shall be
valid for not more than 14 months from its date in the case of power
boilers, 26 months in the case of heating and hot water supply boilers,
and 38 months in the case of pressure vessels. In the case of those
boilers and pressure vessels covered by subparagraphs (b)(1)(A)
through (D) of Code Section 34-11-14, for which the board has
established or extended the operating period between required
inspections pursuant to the provisions of paragraphs (3) and (4) of
subsection (b) of Code Section 34-11-14, the certificate shall be valid
for a period of not more than two months beyond the period set by the
board. Certificates for boilers shall be posted under glass, or similarly
protected, in the room containing the boiler. Pressure vessel certifi-
cates shall be posted in like manner, if convenient, or filed where they
will be readily accessible for examination.
(d) No inspection certificate issued for an insured boiler or
pressure vessel based upon a report of a special inspector shall be
valid after the boiler or pressure vessel for which it was issued shall
cease to be insured by a company duly authorized by this state to
provide such insurance.
1242
GENERAL ACTS AND RESOLUTIONS, VOL. I
(e) The Commissioner or his authorized representative may at
any time suspend an inspection certificate after showing cause that
the boiler or pressure vessel for which it was issued cannot be
operated without menace to the public safety or when the boiler or
pressure vessel is found not to comply with the rules and regulations
adopted pursuant to this chapter. Each suspension of an inspection
certificate shall continue in effect until such boiler or pressure vessel
shall have been made to conform to the rules and regulations of the
board and until said inspection certificate shall have been reinstated.
34-11-16. After 12 months for power boilers, 24 months for low
pressure steam heating, hot water heating, and hot water supply
boilers, and 36 months for pressure vessels following the date on
which this chapter becomes effective, it shall be unlawful for any
person, firm, partnership, or corporation to operate in this state a
boiler or pressure vessel, except a pressure vessel covered by owner or
user inspection service as provided for in Code Section 34-11-15,
without a valid inspection certificate. The operation of a boiler or
pressure vessel without such inspection certificate or at a pressure
exceeding that specified in such inspection certificate or in violation
of this chapter shall constitute a misdemeanor.
34-11-17. (a) The owner or user of a boiler or pressure vessel
required by this chapter to be inspected by the chief inspector or his
deputy inspector shall pay directly to the chief inspector, upon
completion of inspection, fees as prescribed in rules and regulations
promulgated by the Commissioner.
(b) The chief inspector shall transfer all fees so received to the
general fund of the state treasury.
34-11-18. The chief inspector shall furnish a bond in the sum of
$5,000.00 and each of the deputy inspectors employed and paid by the
state shall furnish a bond in the sum of $2,000.00 conditioned upon
the faithful performance of their duties and upon a true account of
moneys handled by them, respectively, and the payment thereof to
the proper recipient.
34-11-19. (a) Any person aggrieved by an order or an act of the
Commissioner or the chief inspector under this chapter may, within
15 days of notice thereof, appeal from such order or act to the board
which shall, within 30 days thereafter, issue an appropriate order
either approving or disapproving said order or act. A copy of such
order by the board shall be given to all interested parties.
GEORGIA LAWS 1984 SESSION
1243
(b) Within 30 days after any order or act of the board, any
person aggrieved thereby may file a petition in the Superior Court of
Fulton County for a review thereof. The court shall summarily hear
the petition and may make any appropriate order or decree.
34-11-20. No county, municipality, or other political subdivision
shall have the power to make any laws, ordinances, or resolutions
providing for the construction, installation, inspection, maintenance,
and repair of boilers and pressure vessels within the limits of such
county, municipality, or other political subdivision; and any such
laws, ordinances, or resolutions heretofore made or passed shall be
void and of no effect.
Section 2. Article 1 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to standards and requirements for con-
struction and alteration of buildings generally, is amended by striking
and repealing in its entirety Part 4, relating to boilers, pressure
vessels, and water heaters, and inserting in lieu thereof the following:
Part 4
Reserved.
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. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
1244
GENERAL ACTS AND RESOLUTIONS, VOL. I
BUILDINGS AND HOUSING SAFETY
REQUIREMENTS FOR ELEVATORS,
ESCALATORS, ETC.
Code Title 8, Chapter 2 Amended.
No. 1265 (House Bill No. 817).
AN ACT
To amend Article 1 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to buildings and other structures gener-
ally, so as to provide for specific safety requirements covering the
installation, alteration, maintenance, and operation of elevators,
dumbwaiters, escalators, manlifts, moving walks, and facilities and
equipment associated therewith; to prohibit the operation of unsafe
elevators, dumbwaiters, escalators, manlifts, and moving walks; to
provide for definitions; to provide for administration and enforce-
ment; to incorporate by reference certain rules and regulations; to
provide for additional rules and regulations; to provide for compli-
ance alternatives; to provide for the employment of personnel; to
provide for the certification of certain inspectors; to provide for the
registration of certain facilities and equipment; to provide for the
inspection of certain facilities and equipment; to provide for operat-
ing permits; to provide for fees; to provide for the maintenance of
facilities and equipment; to provide for jurisdiction; to provide for
local enforcement under certain circumstances; to provide for injunc-
tions; to provide for civil penalties; to provide for an advisory commit-
tee, its powers, duties, and compensation; to provide exceptions; 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. Article 1 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to buildings and other structures gener-
ally, is amended by adding at the end thereof a new Part 6 to read as
follows:
Part 6
8-2-100. As used in this part, the term:
GEORGIA LAWS 1984 SESSION
1245
(1) Alteration means any change or addition to the equip-
ment other than ordinary repairs or replacements.
(2) Commissioner means the Commissioner of Labor.
(3) Department means the Department of Labor.
(4) Dumbwaiter means a hoisting and lowering mechanism
which is equipped with a car which moves in guides in a substan-
tially vertical direction, the floor area of which does not exceed
nine square feet, the total inside height of which, whether or not
provided with fixed or removable shelves, does not exceed four
feet, the capacity of which does not exceed 500 pounds, and the
use of which is exclusively for carrying materials. Such term
includes a power dumbwaiter and a hand dumbwaiter.
(5) (A) Elevator means a hoisting and lowering mechan-
ism designed to carry passengers or authorized personnel and
equipped with a car which moves in fixed guides and serves
two or more fixed landings.
(B) Except as specifically provided in subsection (a) of
Code Section 8-2-102, elevator also means a freight elevator,
gravity elevator, hand elevator, inclined elevator, multideck
elevator, observation elevator, passenger elevator, power ele-
vator, electric elevator, hydraulic elevator, direct-plunger
hydraulic elevator, electrohydraulic elevator, maintained
pressure hydraulic elevator, roped-hydraulic elevator, private
residence elevator, and sidewalk elevator.
(6) Enforcement authority means the Commissioner, offi-
cers, and inspectors of the department authorized to enforce the
provisions of this part and local inspectors authorized to enforce
the provisions of this part.
(7) Escalator means a power driven, inclined, continuous
stairway used for raising or lowering passengers.
(8) Hand dumbwaiter means a dumbwaiter driven by
manual power, serving more than two consecutive stories, whose
capacity exceeds 20 pounds and whose car platform area exceeds
two square feet.
1246
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) Hand elevator means an elevator utilizing manual
power to move the car.
(10) Hoistway means a shaftway or an opening through a
building or structure for the travel of elevators, dumbwaiters, or
material lifts, extending from the pit floor to the roof or floor
above.
(11) Manlift means a device consisting of a power driven
endless belt moving in one direction only which is provided with
steps or platforms and handholds attached to it for the trans-
portation of personnel from floor to floor.
(12) Moving walk means a type of passenger-carrying device
on which passengers stand or walk and in which the passenger-
carrying surface remains parallel to its direction of motion and is
uninterrupted.
(13) Power dumbwaiter means a dumbwaiter driven by the
application of energy other than hand or gravity.
(14) Power freight elevator means an elevator used primar-
ily for carrying freight, utilizing energy other than gravity or hand
to move the car and on which only the operator and the persons
necessary for unloading and loading the freight are permitted to
ride.
(15) Power passenger elevator means an elevator used pri-
marily to carry persons other than the operator and persons
necessary for loading and unloading and utilizing energy other
than gravity or hand to move the car.
8-2-101. (a) Prior to January 1, 1985, the owner or lessee of
every existing elevator, escalator, manlift, moving walk, and
dumbwaiter shall register with the department or local enforcement
authority each such elevator, escalator, manlift, moving walk, or
dumbwaiter owned or operated by him, giving type, rated load and
speed, name of manufacturer, its location and the purpose for which it
is used, and such other information as the department or local
enforcement authority may require. Such registration shall be made
on a form to be furnished by the department or local enforcement
authority on request. All elevators, escalators, manlifts, moving
walks, and dumbwaiters erected or placed in service after January 1,
GEORGIA LAWS 1984 SESSION
1247
1985, shall be inspected before being placed in service and shall be
registered within 15 days after they are completed and placed in
service.
(b) Every elevator, dumbwaiter, manlift, moving walk, and
escalator shall be maintained by the owner or lessee in a safe
operating condition and in conformity with the rules and regulations
specified by subsection (b) of Code Section 8-2-104.
(c) Before any alteration can be made to any elevator, escalator,
manlift, moving walk, or dumbwaiter already placed in service, the
owner or lessee shall be required to notify the enforcement authority
of any such alteration. The enforcement authority shall be autho-
rized to conduct an inspection after any such alteration.
8-2-102. (a) (1) Power passenger elevators, escalators, man-
lifts, and moving walks shall be inspected once during each six-
month period.
(2) Power freight elevators, hand elevators, and power and
hand dumbwaiters shall be inspected once during each 12 month
period.
(b) Inspections shall be made in accordance with the standards
set forth in Part X of ANSI A17.1-1981, the American National
Standard Practice for Inspection of Elevators, Escalators and Moving
Walks Inspectors Manual ANSI A17.2-1982 and the Safety Stan-
dards for Manlifts ANSI A90.1-1976 or the latest revised rules and
regulations adopted by the Commissioner.
(c) A report of any inspection required by this Code section shall
be filed with the department if the inspection is made by a state
enforcement authority or with the local governing authority if the
inspection is made by a local enforcement authority. Such reports
shall be made within ten days after the inspection has been com-
pleted, on forms prescribed by the Commissioner or the local enforce-
ment authority, and shall indicate whether the elevator, escalator,
manlift, moving walk, or dumbwaiter is safe and whether it meets the
applicable rules and regulations prescribed pursuant to subsection
(b) of Code Section 8-2-104. After any such report is filed, the
enforcement authority may require additional inspections to assure
that any such elevator, escalator, manlift, moving walk, or
dumbwaiter meets such rules and regulations.
1248
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) If any inspection report indicates that an elevator, escalator,
manlift, moving walk, or dumbwaiter is in an unsafe condition which
if continually operated may endanger lives or property, then the
enforcement authority may, at its discretion, require the owner or
lessee to discontinue the use thereof until it has been made safe and in
conformity with the rules and regulations specified in subsection (b)
of Code Section 8-2-104.
8-2-103. (a) An operating report shall be issued by the enforce-
ment authority if the inspection report indicates that the elevator,
escalator, manlift, moving walk, or dumbwaiter complies with the
applicable rules and regulations prescribed pursuant to subsection
(b) of Code Section 8-2-104 and upon payment of a permit fee. Such
permits shall be valid for a period of 12 months.
(b) No elevator, escalator, manlift, moving walk, or dumbwaiter
shall be operated by the owner or lessee thereof unless a valid
operating permit, or a limited operating permit when permitted by
the rules and regulations of the Commissioner, has been issued.
(c) The operating permit shall indicate whether it is issued for
an elevator, escalator, manlift, moving walk, or dumbwaiter, state the
rated load and speed and, in the case of an elevator, state whether the
usage is for passengers or freight. The operating permit shall be
posted conspicuously in the car of an elevator and on or near an
escalator, manlift, moving walk, or dumbwaiter.
(d) If the enforcement authority has reason to believe that any
owner or lessee to whom an operating permit has been issued is not
complying with the applicable rules and regulations specified in
subsection (b) of Code Section 8-2-104, it shall so notify such owner or
lessee and shall give notice of a date for a hearing thereon to such
owner or lessee. If, after such hearing, it shall find that such owner or
lessee is not complying with such rules and regulations, it shall revoke
such permit and require the owner or lessee to discontinue the use of
such elevator, escalator, manlift, moving walk, or power dumbwaiter.
8-2-104. (a) The Commissioner shall be authorized to employ
elevator inspectors to carry out the provisions of this part. The
Commissioner shall also be authorized to certify other qualified
persons to carry out the provisions of this part, including technically
competent individuals of any company licensed to insure and insuring
elevators in this state and technically competent individuals of a
GEORGIA LAWS 1984 SESSION
1249
regularly established elevator inspection service. The Commissioner
shall prescribe the qualifications, authority, functions, and duties of
such inspectors. All elevator inspectors employed by the Commis-
sioner shall be in the classified service as defined in paragraph (2) of
Code Section 45-20-2.
(b) (1) The Commissioner shall by rules and regulations pre-
scribe various inspection fees and operating permit fees necessary
to enable the state and local enforcement authorities to carry out
the provisions of this part.
(2) The owners and users of elevators, dumbwaiters, escala-
tors, and moving walks which are inspected by certified inspectors
in private business or with private corporations shall be exempt
from the payment to the state or local enforcement authorities of
the inspection fees provided in paragraph (1) of this subsection.
(c) The American National Standard Safety Code for elevators,
dumbwaiters, escalators, and moving walks ANSI A17.1-1982 and the
Safety Standards for Manlifts ANSI A90.1a-1976 are adopted as rules
and regulations of the Department of Labor for the purposes of this
part until otherwise amended by rules and regulations of the Com-
missioner.
(d) In addition to the rules and regulations adopted pursuant to
subsections (b) and (c) of this Code section, the Commissioner shall
be authorized to adopt such rules and regulations as may be reason-
ably necessary to carry out the provisions of this part.
(e) The Commissioner shall also have the power in any particu-
lar case to grant exceptions and variations from the literal require-
ments of the rules and regulations adopted pursuant to subsection (c)
of this Code section. Such exceptions and variations shall be granted
only in any particular case where it is clearly evident that they are
necessary to prevent undue hardship or where the existing conditions
prevent compliance with the literal requirements of the rules and
regulations. In no case shall any exception or variation be granted
unless, in the opinion of the Commissioner, reasonable safety will be
secured thereby.
8-2-105. (a) The governing body of any municipality or county
which adopts at least the minimum rules and regulations relative to
inspections and safety standards for elevators, escalators, manlifts,
1250
GENERAL ACTS AND RESOLUTIONS, VOL. I
moving walks, and dumbwaiters as provided in subsection (b) of Code
Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have
the power:
(1) To adopt by ordinance or resolution any reasonable
provisions for the enforcement of such local standards adopted
applicable to elevators, escalators, manlifts, moving walks, and
dumbwaiters, including procedural requirements, provisions for
hearings, provisions for appeals from decisions of local inspectors,
and any other provisions or procedures necessary to the proper
administration and enforcement of the requirements of such local
standards;
(2) To provide for inspection of buildings or similar struc-
tures to ensure compliance with the local standards;
(3) To employ inspectors, including chief and deputy
inspectors, and any other personnel necessary for the proper
enforcement of such standards, provided that such inspectors
meet the minimum qualifications of state inspectors and are
certified by the Commissioner pursuant to subsection (a) of Code
Section 8-2-104;
(4) To contract with other municipalities or counties adopt-
ing at least state minimum standards, or with the state, to
administer such standards and to provide inspection and enforce-
ment personnel and services necessary to ensure compliance with
the standards; and
(5) To contract with any other county or municipality
whereby the parties agree that the inspectors of each contracting
party may have jurisdiction to enforce the local standards within
the boundaries of the other contracting party.
(b) When a local enforcement authority conducts an inspection
or issues an operating permit as provided in this part, any inspection
fee or operating permit fee due shall be paid to the municipality or
county employing the enforcement authority.
8-2-106. The owner or lessee shall report, in writing, to the
enforcement authority within seven days, excluding state holidays
and weekends, all elevator, escalator, manlift, moving walk, or power
dumbwaiter related accidents involving personal injury or structural
GEORGIA LAWS 1984 SESSION
1251
damage to the elevator, escalator, manlift, moving walk, or power
dumbwaiter.
8-2-107. (a) The installation, alteration, maintenance, and
operation of the facilities and equipment regulated by or pursuant to
the provisions of this part affect the public interest, and such regula-
tion is necessary for the protection of the public health, safety, and
welfare. Therefore, violations of this part or of rules and regulations
adopted by or pursuant to this part are a public nuisance, harmful to
the public health, safety, and welfare; and, in addition to other
remedies provided by law, the actions of the Commissioner, the
department, or any local enforcement authority under this part shall
be enforceable by injunction properly applied for by the Commis-
sioner or any other enforcement authority in any court of Georgia
having jurisdiction over the defendant.
(b) The Commissioner or local governing authority of a munici-
pality or county shall have the power, after notice and hearing, to levy
a civil penalty upon the owner or lessee of any elevator, escalator,
manlift, moving walk, or dumbwaiter in an amount not to exceed
$500.00, upon such owner or lessee failing to discontinue the use
thereof as required by the enforcement authority pursuant to the
provisions of subsection (d) of Code Section 8-2-102.
8-2-108. (a) Any person aggrieved by an order or an act of an
inspector under this chapter may, within 15 days of notice thereof,
appeal from such order or act to the Commissioner who shall, within
30 days thereafter, issue an appropriate order either approving or
disapproving said order or act. A copy of such order by the Commis-
sioner shall be given to all interested parties.
(b) This part, as it applies to the Commissioner and the depart-
ment, shall be governed by Chapter 13 of Title 50, the Georgia
Administrative Procedure Act.
8-2-109. (a) For the purpose of assisting the Commissioner in
the adoption of rules and regulations and in carrying out the provi-
sions of this part, the Commissioner shall appoint an advisory com-
mittee to be composed of seven members as follows:
(1) The owner or lessee of one or more elevators, escalators,
manlifts, moving walks, or dumbwaiters;
1252
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) A manufacturer of elevators, escalators, manlifts,
moving walks, or dumbwaiters;
(3) One representative from the insurance industry;
(4) One representative from either the practice of architec-
ture or practice of professional engineering;
(5) One representative of general contractors;
(6) One member from the public at large who shall have no
connection whatsoever with the manufacture, ownership, or oper-
ation of elevators, escalators, manlifts, moving walks, or
dumbwaiters; and
(7) One elevator inspector from the Department of Labor.
(b) All appointments to the committee shall be for a term of four
years. A member shall serve until his successor has been duly
appointed. The Commissioner shall make appointments to fill the
unexpired portion of any term vacated for any reason. In making such
appointments, the Commissioner shall preserve the composition of
the committee as required by this Code section. Any appointive
member who, during his term, ceases to meet the qualifications for
original appointment shall thereby forfeit his membership on the
committee. The Commissioner shall have until August 1, 1984, to
appoint the members of the committee. Membership on the commit-
tee shall not constitute public office, and no member shall be disqual-
ified from holding public office by virtue of his membership. Each
member of the committee shall serve without compensation, but each
member of the committee shall be reimbursed for travel and other
reasonable and necessary expenses incurred by him while attending
called meetings of the committee, provided such travel and other
expenses are approved by the Commissioner.
8-2-110. This part shall not apply to elevators located on vehi-
cles operating under the rules of other state or federal authorities and
used for carrying passengers or freight.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
GEORGIA LAWS 1984 SESSION
1253
AD VALOREM TAXATION OF PROPERTY
EXEMPTION OF NONPROFIT HOMES FOR MENTALLY
HANDICAPPED STATE-WIDE REFERENDUM.
Code Section 48-5-41 Amended.
No. 1266 (House Bill No. 1475).
AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia
Annotated, relating to property exempt from ad valorem taxation, so
as to grant an exemption from ad valorem taxation on property of
nonprofit homes for the mentally handicapped; to provide for qualifi-
cations, restrictions, practices, and procedures; to provide for a
referendum; to provide for applicability; 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 48-5-41 of the Official Code of Georgia
Annotated, relating to property exempt from ad valorem taxation, is
amended by striking the word and at the end of paragraph (11), by
striking the period and inserting in lieu thereof ; and at the end of
paragraph (12) and by adding at the end of subsection (a) of said Code
section a new paragraph (13) to read as follows:
(13) (A) All property of any nonprofit home for the mentally
handicapped used in connection with its operation when the home
for the mentally handicapped has no stockholders and no income
or profit which is distributed to or for the benefit of any private
person and when the home is qualified as an exempt organization
under the United States Internal Revenue Code of 1954, Section
501(c)(3), as amended, and Code Section 48-7-25, and is subject to
the laws of this state regulating nonprofit and charitable corpora-
tions.
(B) Property exempted by this paragraph shall not include
property of a home for the mentally handicapped held primarily
for investment purposes or used for purposes unrelated to the
providing of residential or health care to the mentally handi-
capped.
1254
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. The Secretary of State shall call and conduct a
referendum for the approval or disapproval of this Act on the date of
and in conjunction with the November, 1984, general election. The
Secretary of State shall cause the date and purpose of the referendum
to be published in the official organ of each county in the state once a
week for two weeks immediately preceding the date of the referen-
dum. The ballot shall have written thereon the following:
( ) YES Shall the Act granting an exemption
( ) NO from ad valorem taxation on property
of nonprofit homes for the mentally
handicapped be approved?
All persons desiring to vote for approval of the Act shall vote
Yes, and those persons desiring to vote for rejection of the Act shall
vote No. If more than one-half of the votes cast on such question
are for approval of the Act, then Section 1 of this Act shall become
effective on January 1,1985, and shall apply to all tax years beginning
on or after that date; otherwise Section 1 of this Act shall be void.
Section 3. Except as otherwise provided in Section 2 of this
Act, 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 April 3,1984.
GEORGIA LAWS 1984 SESSION
1255
HANDICAPPED PERSONS LAW RELATING TO
ACCESS TO AND USE OF PUBLIC BUILDINGS
REVISED.
Code Title 30, Chapter 3 Amended.
No. 1267 (Senate Bill No. 297).
AN ACT
To amend Title 30 of the Official Code of Georgia Annotated,
relating to handicapped persons, so as substantially to revise, moder-
nize, and supersede Chapter 3, relating to access to and use of public
buildings by physically handicapped persons; to change the defini-
tions to reflect specific standards; to incorporate illustrated and
specific standards by reference; to provide for enforcement; to declare
crimes and 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 I. Title 30 of the Official Code of Georgia Annotated,
relating to handicapped persons, is amended by striking Chapter 3,
relating to access to and use of public buildings by physically handi-
capped persons, in its entirety and inserting in lieu thereof a new
Chapter 3 to read as follows:
CHAPTER 3
30-3-1. The provisions of this chapter are enacted to further the
policy of the State of Georgia to encourage and enable handicapped or
elderly persons to participate fully in the social and economic life of
Georgia and to encourage and promote their education and rehabili-
tation. It is the intent of this chapter to eliminate, insofar as possible,
unnecessary physical barriers encountered by handicapped or elderly
persons whose ability to participate in the social and economic life of
this state is needlessly restricted when such persons cannot readily
use government buildings, public buildings, and facilities used by the
public.
1256
GENERAL ACTS AND RESOLUTIONS, VOL. I
30-3-2. As used in this chapter, the term:
(1) Adaptable is further explained as follows:
(A) Adaptable refers to features provided for but not
actually installed. Such adaptability makes it possible for the
feature required by ANSI A117.1 Standard to be added for
the occupant without major structural alteration;
(B) Items not installed at the time of construction
under the adaptable provisions of ANSI A117.1 Standard,
and items installed which might need to be removed to
provide access, must be installed or removed by the owner at
the owners expense when the dwelling is rented to a handi-
capped person, within 30 days after his or her application for
occupancy is approved by the owner.
(2) American National Standards Institute specifications
(ANSI standards) means sections 3 and 4 of the American
National Standards Institute specifications A117.1-1980 for
making buildings and facilities accessible to and usable by physi-
cally handicapped individuals.
(3) Facilities shall include, but are not limited to, walk-
ways, sidewalks, curbings, parking lots, parks, stadiums,
coliseums, and any other manmade or developed area used by the
public.
(4) Government buildings means all buildings, structures,
streets, sidewalks, walkways, and access thereto, which are used
by the public or in which handicapped or elderly persons may be
employed, that are constructed, leased, or renovated in whole or in
part by use of state, county, or municipal funds or the funds of any
political subdivisions of the state, and, to the extent not required
otherwise by federal law or regulations and not beyond the power
of the state to regulate, all buildings and structures used by the
public which are constructed or renovated in whole or in part by
use of federal funds.
(5) Public buildings means all buildings, structures,
streets, sidewalks, walkways, and access thereto, which are used
by the public or in which handicapped or elderly persons may be
employed, that are constructed or renovated by the use of private
GEORGIA LAWS 1984 SESSION
1257
funds, including rental apartment complexes of 20 units or more
and temporary lodging facilities of 20 units or more, provided that
this chapter shall require fully accessible or adaptable units in
only 5 percent of the total rental apartments, or a minimum of
one, whichever is greater, and this chapter shall apply to only 5
percent of the total temporary lodging units, or a minimum of one,
whichever is greater, provided that this chapter shall not apply to
a private single-family residence or to duplexes or any complex
containing fewer than 20 units, or to condominiums as defined in
Code Section 44-3-71.
(6) Reasonable number as found in the ANSI standards
shall be defined for each of the following standards to mean:
(A) Parking spaces (ANSI 4.61) in a reasonable
number shall be determined as follows:
Total number of Number of designated
parking spaces handicapped parking spaces
1-400 A minimum number of 2
or 2 percent of the total
provided, whichever is
greater
401 and greater 8 plus 1 percent of the total
provided above 401
(B) Entrances (ANSI 4.14) in a reasonable number
means that all primary entrances usually considered as major
points of pedestrian flow must be accessible to and usable by
handicapped persons.
(C) Drinking fountains (ANSI 4.15) in a reasonable
number means that all drinking fountains shall be accessible
to and usable by handicapped persons.
(D) Toilet rooms (ANSI 4.22) in a reasonable number
means that for every floor which is to be made accessible to
and usable by handicapped persons each toilet room shall
conform to ANSI 4.22.
1258
GENERAL ACTS AND RESOLUTIONS, VOL. I
(E) Bathrooms, bathing facilities, and shower rooms
(ANSI 4.23) in a reasonable number means that for every
floor which is to be made accessible to and usable by handi-
capped persons each bathroom, bathing facility, and shower
room shall conform to ANSI 4.23.
(F) Seats, tables, and work surfaces (ANSI 4.32) in a
reasonable number means the following:
Total number
Number of accessible
spaces required
Up to 50
51-400
401 and above
2 spaces for wheelchair
users adjacent to each
other
4 spaces including 2
adjacent to each other
An even number of spaces
not less than 1 percent of
the total number located
throughout all price ranges
or locations, or both
(7) Renovation means:
(A) If any specific component of an elevator is replaced
or moved from its existing location to a different location,
then the specific component shall be required to meet the
ANSI A117.1 Standard, as specified in Code Section 30-3-2,
as it applies to that specific component, including an accessi-
ble route as defined in the ANSI A117.1 Standard;
(B) Any component of a building, structure or facility,
which is replaced, except for the purpose of repair, or moved,
shall be required to meet the ANSI A117.1 Standard as
specified in Code Section 30-3-2, including an accessible route
as defined in the ANSI A117.1 Standard.
30-3-3. All government buildings, public buildings, and facilities
receiving permits for construction or renovation after July 1, 1984,
shall comply with the American National Standards Institute speci-
fications A117.1-1980 for making buildings and facilities accessible to
GEORGIA LAWS 1984 SESSION
1259
and usable by physically handicapped people; provided, further, that
the Safety Fire Commissioner or, where applicable, the Board of
Regents of the University System or the local governing authority
having jurisdiction over the buildings in question upon receipt of a
sworn written statement from the person who owns or controls the use
of any government building, public building, or facility subject to the
requirements of this chapter and after taking all circumstances into
consideration may determine that full compliance with any particular
standard or specification set forth in this chapter is impractical,
whereupon there shall be substantial compliance with the standards
or specifications to the maximum extent practical and, within 45 days
of such determination, a written record shall be made by the Safety
Fire Commissioner or, where applicable, the board of regents or the
local governing authority having jurisdiction over the buildings in
question, setting forth the reasons why it is impractical for the person
subject to the chapter to comply fully with the particular standard or
specification and also setting forth the extent to which the govern-
ment building, public building, or facility shall conform with the
standard or specification. The Safety Fire Commissioner or, where
applicable, the board of regents or the local governing authority
having jurisdiction over the buildings in question shall be responsible
for making a final determination as to whether or not an exemption
shall be granted.
30-3-4. All government buildings, public buildings, and facilities
receiving permits for construction or renovation after July 1, 1984,
shall comply with the American National Standards Institute speci-
fications A117.1-1980 for making buildings and facilities accessible to
and usable by physically handicapped individuals and, without limit-
ing the generality of the foregoing, shall provide the following ameni-
ties for handicapped persons, as appropriate:
(1) Parking spaces in a reasonable number;
(2) Entrances in a reasonable number;
(3) Drinking fountains in a reasonable number;
(4) Toilet rooms in a reasonable number;
(5) Bathrooms, bathing facilities, and shower rooms in a
reasonable number; and
1260
GENERAL ACTS AND RESOLUTIONS, VOL. I
(6) Seats, tables, and work surfaces in a reasonable number.
30-3-5. (a) (1) Except for buildings under the jurisdiction of
the Board of Regents of the University System, all buildings
subject to the jurisdiction of the Safety Fire Commissioner pursu-
ant to Code Section 25-2-12 and subsection (c) of Code Section 25-
2-13 shall be subject to the jurisdiction of the Safety Fire Commis-
sioner for purposes of enforcement of this chapter.
(2) With respect to any such building, the Safety Fire
Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any
private person or corporation or public entity unless it con-
forms to the requirements of Code Sections 30-3-3 and 30-3-4
and its plans and specifications have been approved by the
Commissioner as provided in this subparagraph. All plans
and specifications shall identify the architect or engineer who
prepared them in a manner acceptable to the Commissioner.
The Commissioner shall approve the plans and specifications
only if they conform to the requirements of this chapter. The
Commissioner shall not require any additional fee for each
submission of plans or specifications other than the standard
fee required by Code Section 25-2-14. No local governing
authority shall issue any building permit for any building
subject to this subsection without proof of the approval
required by this subparagraph.
(B) In any case where the Commissioner denies
approval under subparagraph (2) (A) of this subsection or an
exemption under subparagraph (2) (C) of this subsection, the
rights and remedies of the person submitting the same shall
be those provided by Chapter 13 of Title 50, the Georgia
Administrative Procedure Act.
(C) Upon a showing that full compliance with any
particular requirement or requirements is impractical or not
necessary to accomplish the purposes of this chapter, the
Commissioner may exempt a building from full compliance
with the requirement or requirements and approve plans and
specifications which do not conform, or which only partially
conform, to the requirement or requirements.
GEORGIA LAWS 1984 SESSION
1261
(b) The board of regents shall be responsible for the administra-
tion and enforcement of this chapter with respect to all properties
under its jurisdiction. No construction plans shall be approved by the
board of regents for any construction within the University System of
Georgia unless the architect or engineer responsible for preparation
of said plans and specifications certifies on such plans that to the best
of his knowledge, information, and belief they have been prepared in
conformity with ANSI specifications A117.1-1980. The certificate of
compliance must be displayed on said plans immediately below the
architects seal. The builder, developer, or building owner following
said plans shall require the certificate of compliance to be displayed
on the plans before starting construction.
(c) Local governing authorities shall be responsible for the
administration and enforcement of this chapter with regard to all
other buildings described in paragraph (5) of Code Section 30-3-2
which are under their jurisdiction. No building permit shall be
approved by any local governing authority for any private person,
corporation, partnership, association, or public entity unless the
plans and specifications have been approved as required by subsec-
tion (a) of this Code section, and unless the architect or engineer
responsible for preparation of said plans and specifications certifies
on such plans that to the best of his knowledge, information, and
belief they have been prepared in conformity with ANSI specifica-
tions A117.1-1980. The builder, developer, or building owner follow-
ing said plans shall require such a certificate of compliance on the
plans before starting construction. All construction plans must
display such a certificate of compliance provided by the architect or
engineer for all construction in local governing jurisdictions which do
not require building permits. In all areas where local governing
authority building permits are not required, the builder, developer, or
building owner following said plans shall require such a certificate of
compliance to be displayed on the plans before starting construction.
(d) In the performance of their responsibilities under this chap-
ter, all state rehabilitation agencies and appropriate elective or
appointive officials shall be required to cooperate with and assist the
Safety Fire Commissioner, the board of regents, and the appropriate
local building code officials or local fire department, or both, having
jurisdiction over the buildings in question.
(e) The Safety Fire Commissioner, the board of regents, and the
local building code officials or the local fire department, or both,
1262
GENERAL ACTS AND RESOLUTIONS, VOL. I
having jurisdiction over the buildings in question shall from time to
time inform, in writing, professional organizations and others of this
law and its application.
(f) The Safety Fire Commissioner, the board of regents, and the
local governing authority having jurisdiction over the buildings in
question shall have all necessary powers to require compliance with
their rules, regulations, and procedures, and modifications thereof
and substitutions therefor, including powers to institute and prose-
cute proceedings in the superior court to compel compliance, and
shall not be required to pay any entry or filing fee in connection with
the institution of such proceedings.
(g) The Safety Fire Commissioner, the board of regents, and the
local governing authority having jurisdiction over the buildings in
question, after consultation with state rehabilitation agencies and
other sources as they might determine, are authorized to promulgate
such rules, regulations, and procedures as might reasonably be
required to implement and enforce their responsibilities under this
chapter.
(h) The Safety Fire Commissioner, the board of regents, and the
local governing authority having jurisdiction over the buildings in
question, after consultation with state rehabilitation agencies, are
also authorized to waive any of the standards and specifications
presently set forth in this chapter and to substitute in lieu thereof
standards or specifications consistent in effect to such standards or
specifications heretofore adopted by the American Standards Associ-
ation, Inc.
30-3-6. Any person, firm, or corporation who violates this chap-
ter, or who causes another person, firm, or corporation to violate this
chapter, or who fails or refuses to comply with any regulation promul-
gated under this chapter shall be guilty of a misdemeanor.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
GEORGIA LAWS 1984 SESSION
1263
HANDICAPPED PARKING LAW AMENDED.
Code Title 40, Chapter 6 Amended.
No. 1268 (House Bill No. 949).
AN ACT
To amend Part 2 of Article 10 of Chapter 6 of Title 40 of the
Official Code of Georgia Annotated, known as the Handicapped
Parking Law, so as to change certain definitions; to change the
provisions prohibiting the stopping, standing, or parking of vehicles
in handicapped parking places; to authorize ambulances or emer-
gency vehicles to stop in handicapped parking places; to change the
provisions relating to penalties and fines; to provide under certain
circumstances for towing away of vehicles illegally parked in handi-
capped parking places; to change the provisions relating to signs; to
provide that such laws shall be applicable to both public and private
property; to provide for enforcement; 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. Part 2 of Article 10 of Chapter 6 of Title 40 of the
Official Code of Georgia Annotated, known as the Handicapped
Parking Law, is amended by striking Code Section 40-6-221, relating
to definitions, in its entirety and inserting in lieu thereof a new Code
Section 40-6-221 to read as follows:
40-6-221. As used in this part, the term:
(1) Handicapped parking place means any area on public
or private property which has been designated as reserved for use
of handicapped persons by any:
(A) Pavement marking bearing the word handicap or
handicapped, or a symbol representing a person in a wheel-
chair; or
(B) Sign erected at such height or in such manner that
it will not be obscured by a vehicle parked in the space and
1264
GENERAL ACTS AND RESOLUTIONS, VOL. I
bearing the word handicap or handicapped, or a symbol
representing a person in a wheelchair, and the words Tow-
AwayZone.
(2) Handicapped person means a person who by reason of
illness, injury, age, congenital malfunction, or other incapacity or
disability has a significant loss or impairment of mobility.
(3) Institution means an institution for which a permit or
conditional permit may be issued under Article 1 of Chapter 7 of
Title 31.
(4) Permanently handicapped person means a handi-
capped person whose disability or incapacity can be expected to
last for more than 180 days.
(5) Temporarily handicapped person means a handi-
capped person whose disability or incapacity can be expected to
last for not more than 180 days.
Section 2. Said part is further amended by striking Code
Section 40-6-225, relating to offenses and penalties, and inserting in
lieu thereof a new Code Section 40-6-225 to read as follows:
40-6-225. (a) It shall be unlawful for any person to stop,
stand, or park any vehicle in a handicapped parking place unless
there is displayed on the dashboard or hung from the rearview mirror
of the parked vehicle a valid unexpired handicapped parking permit
or unless there is attached to the vehicle a specially designated license
plate for disabled persons authorized under subsection (d) of Code
Section 40-6-222.
(b) It shall be unlawful for any person to stop, stand, or park any
vehicle in a handicapped parking place except for the purpose of
allowing a handicapped person to enter or get out of such vehicle
while in such parking place. However, nothing in this subsection shall
prevent an ambulance or emergency vehicle from stopping in a
handicapped parking place.
(c) It shall be unlawful for any person to obtain by fraud or
counterfeit a handicapped parking permit.
GEORGIA LAWS 1984 SESSION
1265
(d) It shall be unlawful for any person or institution, other than
the one to whom a handicapped parking permit or specially desig-
nated license plate for the disabled person is issued, to make use of a
handicapped parking permit or specially designated license plate for
a disabled person. It shall be unlawful for any person to use a
handicapped parking permit for any institutional vehicle other than
the vehicle for which the permit has been issued.
(e) No person shall park a vehicle so as to block any entrance or
egress ramp used by handicapped persons on public or private
property.
(f) (1) Any person violating subsection (c) of this Code section
shall be guilty of a misdemeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this
Code section shall be subject to a fine of not more than $100.00 for
a first offense, not less than $100.00 and not more than $200.00 for
a second offense, not less than $200.00 and not more than $500.00
for a third or subsequent offense.
(g) In addition to the penalties provided for in subsection (f) of
this Code section, any vehicle which is illegally parked in a handi-
capped parking place which is marked by a sign bearing the words
Tow-Away Zone as described in subparagraph (B) of paragraph (1)
of Code Section 40-6-221 on public or private property may be towed
away or caused to be towed away by a proper law enforcement agency
at the expense of the owner of the vehicle.
Section 3. Said part is further amended by adding a new Code
Section 40-6-226 to read as follows:
40-6-226. The provisions of this part are applicable to both
public and private property; and all law enforcement officers of this
state and its political subdivisions are expressly authorized to enforce
the provisions of this part on private property as well as on public
property.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
1266
GENERAL ACTS AND RESOLUTIONS, VOL. I
EDUCATION tfei COMPULSORY SCHOOL ATTENDANCE
LAW REVISED.
Code Title 20, Chapter 2 Amended.
No. 1269 (Senate Bill No. 504).
AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20
of the Official Code of Georgia Annotated, relating to compulsory
school attendance, so as to extensively revise said subpart; to recog-
nize the existence of public schools, private schools, and home study
programs as educational entities; to define private schools and home
study programs; to provide for duties and responsibilities of parents,
guardians, and children for the attendance of children in public or
private schools or home study programs; to change the provisions
relative to exemption from compulsory school attendance; to change
the provisions relative to the duty to enforce compulsory school
attendance; to change the provisions relating to the duties of visiting
teachers and attendance officers; to change the provisions relating to
requirements for records of attendance and enrollment; to change the
provisions relating to the authority of peace officers to take custody of
truants; to change the provisions relating to the report of truants to
juvenile courts; to repeal a provision relative to discontinuing the
operation of public schools; to provide for penalties; to provide for
other matters relative to the foregoing; to provide an effective date; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title
20 of the Official Code of Georgia Annotated, relating to compulsory
school attendance, is amended by striking Code Section 20-2-690,
relating to the responsibilities of parents and children relative to
school attendance by children, which reads as follows:
20-2-690. (a) Every parent, guardian, or other person residing
within this state having control or charge of any child or children
between their seventh and sixteenth birthdays shall enroll and send
such child or children to a public or private school; and such child
shall be responsible for enrolling and attending a public or private
GEORGIA LAWS 1984 SESSION
1267
school under such penalty for noncompliance with this subsection as
is provided in Chapter 11 of Title 15 unless his failure to enroll and
attend is caused by his parent, guardian, or other person, in which
case the parent, guardian, or other person alone shall be responsible;
provided, however, that tests and physical exams for military service
and the National Guard and such other absences as may be approved
by the State Board of Education or the local board of education shall
be excused absences.
(b) Any parent, guardian, or other person residing in this state
who has control or charge of a child or children and who shall violate
this part shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not to exceed $100.00 or impris-
onment not to exceed 30 days, or both, at the discretion of the court
having jurisdiction. Each days absence from school in violation of
this part shall constitute a separate offense.
(c) Visiting teachers and attendance officers shall have author-
ity and it shall be their duty to file proceedings in court to enforce this
part.,
in its entirety and substituting in lieu thereof two new Code Sections
20-2-690 and 20-2-690.1 to read as follows:
20-2-690. (a) This subpart recognizes the existence of public
schools, private schools, and home study programs as educational
entities.
(b) As used in this subpart, the term private school means an
institution meeting the following criteria or requirements:
(1) The primary purpose of the institution is to provide
education or, if the primary purpose of the institution is religious
in nature, the institution shall provide the basic academic educa-
tional program specified in paragraph (4) of this subsection;
(2) The institution is privately controlled and operates on a
continuing basis;
(3) The institution provides instruction each 12 months for
the equivalent of 180 school days of education with each school
day consisting of at least four and one-half school hours;
1268
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) The institution provides a basic academic educational
program which includes, but is not limited to, reading, language
arts, mathematics, social studies, and science;
(5) Within 30 days after the beginning of each school year, it
shall be the duty of the administrator of each private school to
provide to the superintendent of schools of each local public
school district which has residents enrolled in the private school a
list of the name, age, and residence of each resident so enrolled. At
the end of each school month, it shall be the duty of the adminis-
trator of each private school to notify the superintendent of each
local public school district of the name, age, and residence of each
student residing in the public school district who enrolls or
terminates enrollment at the private school during the immedi-
ately preceding school month. Enrollment records and reports
shall not be used for any purpose except providing necessary
enrollment information, except with the permission of the parent
or guardian of a child or pursuant to the subpoena of a court of
competent jurisdiction; and
(6) Any building used by the institution for private school
purposes meets all health and safety standards established under
state law and local ordinances.
(c) Parents or guardians may teach their children at home in a
home study program which meets the following requirements:
(1) The parent, parents, or guardian must submit within 30
days after the establishment of a home study program and by
September 1 annually thereafter a declaration of intent to utilize a
home study program to the superintendent of schools of the local
school district in which the home study program is located;
(2) The declaration shall include a list of the names and ages
of the students who are enrolled in the home study program, the
address where the home study program is located, and a statement
of the 12 month period that is to be considered the school year for
that home study program. Enrollment records and reports shall
not be used for any purpose except providing necessary enroll-
ment information, except with the permission of the parent or
guardian of a child or pursuant to the subpoena of a court of
competent jurisdiction;
GEORGIA LAWS 1984 SESSION
1269
(3) Parents or guardians may teach only their own children
in the home study program provided the teaching parent or
guardian possesses at least a high school diploma or the equivalent
GED certificate, but the parents or guardians may employ a tutor
who holds at least a baccalaureate college degree to teach such
children;
(4) The home study program shall provide a basic academic
educational program which includes, but is not limited to, reading,
language arts, mathematics, social studies, and science;
(5) The home study program must provide instruction each
12 months to home study students equivalent to 180 school days of
education with each school day consisting of at least four and one-
half school hours unless the child is physically unable to comply
with the above rule;
(6) Attendance records for the home study program shall be
kept and shall be submitted at the end of each month to the
superintendent of schools of the local school district in which the
home study program is located. Attendance records and reports
shall not be used for any purpose except providing necessary
attendance information, except with the permission of the parent
or guardian of a child or pursuant to the subpoena of a court of
competent jurisdiction;
(7) Students in home study programs shall be subject to an
appropriate nationally standardized testing program adminis-
tered in consultation with a person trained in the administration
and interpretation of norm reference tests to evaluate their educa-
tional progress at least every three years beginning at the end of
the third grade and records of such tests and scores shall be
retained but shall not be required to be submitted to public
educational authorities; and
(8) The home study program instructor shall write an
annual progress assessment report which shall include the instruc-
tors individualized assessment of the students academic progress
in each of the subject areas specified in paragraph (4) of this
subsection, and such progress reports shall be retained by the
parent, parents, or guardian of children in the home study pro-
gram for a period of at least three years.
1270
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) Any person who operates a private school without complying
with the requirements of subsection (b) of this Code section or any
person who operates a home study program without complying with
the requirements of subsection (c) of this Code section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine not to exceed $100.00.
(e) The State Board of Education shall devise, adopt, and make
available to local superintendents of schools, who shall in turn make
available to administrators of private schools and parents or guard-
ians with children in home study programs such printed forms and
procedures as may be reasonably necessary to carry out efficiently the
reporting provisions of this Code section, but such printed forms and
procedures shall not be inconsistent with or exceed the requirements
of this Code section.
20-2-690.1 (a) Every parent, guardian, or other person residing
within this state having control or charge of any child or children
between their seventh and sixteenth birthdays shall enroll and send
such child or children to a public school, a private school, or a home
study program that meets the requirements for a public school, a
private school, or a home study program; and such child shall be
responsible for enrolling in and attending a public school, a private
school, or a home study program that meets the requirements for a
public school, a private school, or a home study program under such
penalty for noncompliance with this subsection as is provided in
Chapter 11 of Title 15, unless the childs failure to enroll and attend is
caused by the childs parent, guardian, or other person, in which case
the parent, guardian, or other person alone shall be responsible;
provided, however, that tests and physical exams for military service
and the National Guard and such other approved absences shall be
excused absences.
(b) Any parent, guardian, or other person residing in this state
who has control or charge of a child or children and who shall violate
this Code section shall be guilty of a misdemeanor and, upon convic-
tion thereof, shall be subject to a fine not to exceed $100.00 or
imprisonment not to exceed 30 days, or both, at the discretion of the
court having jurisdiction. Each days absence from school in violation
of this part shall constitute a separate offense.
(c) Local school superintendents in the case of private schools or
home study programs and visiting teachers and attendance officers in
GEORGIA LAWS 1984 SESSION
1271
the case of public schools shall have authority and it shall be their
duty to file proceedings in court to enforce this subpart.
Section 2. Said subpart is further amended by striking Code
Section 20-2-693, relating to exemptions from compulsory school
attendance, in its entirety and substituting in lieu thereof a new Code
Section 20-2-693 to read as follows:
20-2-693. (a) Children between their seventh and sixteenth
birthdays who are excused from attendance in public school by
county or independent school system boards in accordance with
general policies and regulations promulgated by the State Board of
Education shall be exempt from this subpart. The state board, in
promulgating its general policies and regulations, shall take into
consideration sickness and other emergencies which may arise in any
school community.
(b) Children between their seventh and sixteenth birthdays who
are excused from attendance at private schools or home study pro-
grams for sickness or emergencies or for other reasons substantially
the same as the reasons for excused absences from attendance at
public school authorized by state board policy pursuant to subsection
(a) of this Code section shall be exempt from this subpart.
Section 3. Said subpart is further amended by striking Code
Section 20-2-694, relating to duties to enforce compulsory school
attendance, in its entirety and substituting in lieu thereof a new Code
Section 20-2-694 to read as follows:
20-2-694. It shall be the duty of each county and independent
school system board of education and each local school superinten-
dent within the state to administer this subpart and to secure its
enforcement in cooperation with the other state and county agencies
and in cooperation with the administrators of private schools and
parents or guardians providing a home study program.
Section 4. Said subpart is further amended by striking Code
Section 20-2-696, relating to duties of visiting teachers and atten-
dance officers, in its entirety and substituting in lieu thereof a new
Code Section 20-2-696 to read as follows:
20-2-696. In the discharge of the duties of their office, visiting
teachers, acting visiting teachers, or attendance officers shall:
1272
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Cooperate fully with the Department of Human
Resources, the Department of Labor, and other state agencies;
(2) Make monthly and annual reports to their respective
local school superintendents on attendance and other problems of
child school adjustment in the public schools of their territory;
and
(3) Comply with the rules and regulations of the county and
independent school system boards of education and the State
Board of Education.
Section 5. Said subpart is further amended by striking Code
Section 20-2-697, relating to requirements for records of attendance
and enrollment, in its entirety and substituting in lieu thereof a new
Code Section 20-2-697 to read as follows:
20-2-697. (a) Visiting teachers and attendance officers shall
receive the cooperation and assistance of all teachers and principals of
public schools in the county or independent school systems within
which they are appointed to serve. It shall be the duty of the
principals or local school site administrators and of the teachers of all
public schools to report, in writing, to the visiting teacher or atten-
dance officer of the county or of the independent school system the
names, ages, and residences of all pupils in attendance at their schools
and classes within 30 days after the beginning of the school term or
terms and to make such other reports of attendance in their schools or
classes as may be required by rule or regulation of the State Board of
Education. All public schools shall keep daily records of attendance,
verified by the teachers certifying such records. Such reports shall be
open to inspection by the visiting teacher, attendance officer, or duly
authorized representative at any time during the school day. Such
records and reports shall not be used for any purpose except provid-
ing necessary attendance information required by the State Board of
Education, except with the permission of the parent or guardian of a
child or pursuant to the subpoena of a court of competent jurisdic-
tion.
(b) Any person failing to carry out the duties required by
subsection (a) of this Code section shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not to
exceed $100.00.
GEORGIA LAWS 1984 SESSION
1273
(c) The provisions of this Code section shall not apply to private
schools or home study programs, and enrollment and attendance
information required for private schools or home study programs and
penalties for failure to comply with such requirements shall be as
provided in Code Section 20-2-690.
Section 6. Said subpart is further amended by striking Code
Section 20-2-698, relating to the authority of peace officers to take
custody of truant children, in its entirety and substituting in lieu
thereof a new Code Section 20-2-698 to read as follows:
20-2-698. Any peace officer may assume temporary custody,
during school hours, of any child subject to compulsory school atten-
dance who is found away from home and who is absent from a public
or private school or a home study program without a valid written
excuse from school officials or from the parent or guardian in charge
of the home study program.
Section 7. Said subpart is further amended by striking Code
Section 20-2-701, relating to the report of truants to juvenile court, in
its entirety and substituting in lieu thereof a new Code Section 20-2-
701 to read as follows:
20-2-701. Local school superintendents as applied to private
schools and home study programs or visiting teachers and attendance
officers as applied to public schools, after written notice to the parent
or guardian of a child, shall report to the juvenile or other court
having jurisdiction under Chapter 11 of Title 15 any child who is
absent from a public or private school or a home study program in
violation of this subpart. If the judge of the court places such child in
a home or in a public or private institution pursuant to Chapter 11 of
Title 15, school shall be provided for such child.
Section 8. Said subpart is further amended by repealing Code
Section 20-2-703, relating to discontinuing operation of public
schools, which reads as follows:
20-2-703. (a) As used in subsection (b) of this Code section,
the term public school district or system means all public school
systems in this state.
(b) This subpart shall not apply in any public school district or
system in this state, whether county or independent, wherein the
1274
GENERAL ACTS AND RESOLUTIONS, VOL. I
operation of the public schools by public officers of this state is
discontinued.,
in its entirety and substituting in lieu of said repealed Code section
the following:
20-2-703. Reserved.
Section 9. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 3,1984.
PUBLIC AND LEGAL HOLIDAYS PROCEDURES
FOR DETERMINING HOW OBSERVED, ETC.
Code Section 1-4-1 Amended.
No. 1270 (Senate Bill No. 372).
AN ACT
To amend Code Section 1-4-1 of the Official Code of Georgia
Annotated, relating to public and legal holidays, so as to provide for
the designation of certain days as public and legal holidays; to provide
procedures for determining how the state shall treat such days and
dates; to provide a procedure for observing other days; to provide for
other matters relative to the foregoing; to provide a legislative pur-
pose; to provide an effective date; to repeal conflicting laws; and for
other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
1275
Section 1. Code Section 1-4-1 of the Official Code of Georgia
Annotated, relating to public and legal holidays, is amended by
striking in its entirety said Code section, which reads as follows:
1-4-1. (a) The following days are declared to be public and
legal holidays in Georgia:
(1) January 1, known as New Years Day;
(2) January 19, known as Lees Birthday;
(3) The third Monday in February, known as Washingtons
Birthday;
(4) April 26, known as Confederate Memorial Day;
(5) The last Monday in May, known as National Memorial
Day;
(6) June 3, known as Jefferson Daviss Birthday;
(7) July 4, known as Independence Day;
(8) The first Monday in September, known as Labor Day;
(9) The second Monday in October, known as Columbus
Day;
(10) November 11, known as Veterans Day;
(11) The fourth Thursday in November, known as
Thanksgiving Day;
(12) December 25, known as Christmas Day; and
(13) Any day proclaimed or designated by the Governor of
this state or the President of the United States as a day of fasting
and prayer or other religious observance.
(b) Whenever a public and legal holiday occurs on a Saturday,
the preceding Friday shall be observed as a public and legal holiday.
Whenever a public and legal holiday occurs on a Sunday, the follow-
ing Monday shall be observed as a public and legal holiday.
1276
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Employees of departments and agencies covered by the state
merit system shall, upon request to their appointing authority or his
designee, at least seven days in advance, be given priority considera-
tion for time away from work for observance of religious holidays not
otherwise provided for herein. Any paid leave time for such religious
holiday observance shall be charged to accrued compensatory leave or
accrued annual leave credits available to the employee at the time of
the holiday observance. No employee may claim priority considera-
tion for more than three work days each calendar year. A request by
an employee for time away from work to observe a religious holiday
shall not be denied unless the employee has inadequate accrued
compensatory or annual leave credits to cover such period of absence
or the duties performed by the employee are urgently required and
the employee is the only person available who can perform the duties
as determined by the appointing authority or his designee.,
and inserting in lieu thereof a new Code Section 1-4-1 to read as
follows:
1-4-1. (a) The State of Georgia shall recognize and observe as
public and legal holidays:
(1) All days which have been designated as of January 1,
1984, as public and legal holidays by the federal government; and
(2) All other days designated and proclaimed by the Gover-
nor as public and legal holidays or as days of fasting and prayer or
other religious observance. In such designation the Governor shall
include at least one of the following dates: January 19, April 26, or
June 3, or a suitable date in lieu thereof to commemorate the event
or events now observed by such dates.
(b) The Governor shall close all state offices and facilities a
minimum of 12 days throughout the year and not more than 12 days
in observance of the public and legal holidays and other days set forth
in subsection (a) of this Code section and shall specify the days state
offices and facilities shall be closed for such observances.
(c) Employees of any state department or agency or of any other
department or agency covered by the state merit system shall, upon
request to their appointing authority or his designee at least seven
days in advance, be given priority consideration for time away from
work for observance of religious holy days not otherwise provided for
GEORGIA LAWS 1984 SESSION
1277
in this Code section. Any paid leave time for such religious holy day
observance shall be charged to accrued compensatory leave or
accrued annual leave credits available to the employee at the time of
the holy day observance. No employee may claim priority considera-
tion for more than three work days each calendar year. A request by
an employee for time away from work to observe a religious holy day
shall not be denied unless the employee has inadequate accrued
compensatory or annual leave credits to cover such period of absence
or the duties performed by the employee are urgently required and
the employee is the only person available who can perform the duties
as determined by the appointing authority or his designee. The State
Personnel Board shall provide by rule and regulation a procedure to
be followed by agencies and departments in the granting of such holy
days for employees in the classified service of the state merit system.
The employing department or agency shall provide the procedures to
be followed for all other employees.
Section 2. This Act shall become effective on December 31,1984.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 3,1984.
1984 DESIGNATED THE YEAR OF THE DISABLED
VOTER IN GEORGIA.
No. 86 (Senate Resolution No. 319).
A RESOLUTION
Designating 1984 as The Year of the Disabled Voter in Georgia;
and for other purposes.
WHEREAS, there are over 300,000 disabled voters in the State of
Georgia; and
1278
GENERAL ACTS AND RESOLUTIONS, VOL. I
WHEREAS, in 1980, the General Assembly passed SB 434 which
requires that polling places have suitable and appropriate access to
handicapped persons; and
WHEREAS, all voting polls will be physically accessible to disa-
bled voters by July 1,1984; and
WHEREAS, the State of Georgia is one of the first states in the
United States to require access to voting polls by disabled citizens;
and
WHEREAS, Georgias leadership role in requiring voting poll
access for disabled voters has inspired federal legislation to accom-
plish the same goal nation wide; and
WHEREAS, Georgia officials have been applauded by other local,
state, and federal officials for their efforts in removing physical
barriers at voting polls; and
WHEREAS, disabled voters now have the same opportunity to
exercise their fundamental right to vote with dignity like other
citizens; and
WHEREAS, for the first time in the history of our state, all
eligible citizens are afforded an equal opportunity to vote.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that disabled citizens are encouraged to
register and to vote in the elections held in the State of Georgia.
BE IT FURTHER RESOLVED that 1984 shall be designated as
The Year of the Disabled Voter in Georgia.
Approved April 3,1984.
GEORGIA LAWS 1984 SESSION
1279
PUBLIC OFFICERS AND EMPLOYEES SUSPENSION
OF CERTAIN OFFICIALS UPON BEING INDICTED
FOR A FELONY, ETC.
Code Sections 45-5-6 and 15-16-26 Amended.
No. 1271 (Senate Bill No. 332).
AN ACT
To amend Chapter 5 of Title 45 of the Official Code of Georgia
Annotated, relating to vacation of office, so as to provide for the
suspension from office of certain public officials upon being indicted
for a felony; to provide a definition; to provide for review and
reinstatement of the public official in certain circumstances; to
provide for the disposition of the compensation of the public official
during the period of suspension; to provide for the appointment of a
replacement officer during the period of suspension; to provide when
a vacancy shall occur and for the filling of the vacancy; to provide for
applicability; to provide for procedures and other matters related
thereto; to amend Code Section 15-16-26 of the Official Code of
Georgia Annotated, relating to investigations of charges against a
sheriff generally, so as to provide when these provisions shall apply to
sheriffs who are under investigation; 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 45 of the Official Code of Georgia
Annotated, relating to vacation of office, is amended by striking in its
entirety Code Section 45-5-6, which reads as follows:
45-5-6. (a) Upon conviction of a felony in any court of this
state, of any other state, or of the United States, a county officer so
convicted, except a probate judge, shall be suspended from office
immediately and without further action, pending the outcome of any
direct appeal or application for a writ of certiorari that may be taken
from the conviction. During the term of office to which such officer
was elected and in which the conviction occurred, if the conviction is
overturned as a result of any such direct appeal or application for writ
of certiorari, the county officer shall be immediately reinstated to the
1280
GENERAL ACTS AND RESOLUTIONS, VOL. I
office from which he was suspended. While such county officer is
suspended, he shall not receive any income from his office. If the
county officer is reinstated, he shall receive all the back income from
his office that he would have received had he not been suspended.
Upon the final conviction of any such officer, Code Section 45-5-2
shall apply.
(b) For the duration of any suspension under this Code section,
the Governor shall appoint a replacement officer for any officer
suspended. The replacement officer so appointed shall be from the
same county as the suspended officer and shall otherwise be qualified
to serve during the period of suspension. If the conviction of the
suspended county officer becomes final, the Governor is authorized to
continue the appointment of the replacement officer or to appoint
another qualified person from the county to serve until the next
general election.
(c) Notwithstanding any other law to the contrary, when a
county commissioner is suspended under this Code section, he or she
shall be replaced by the remaining county commissioner or commis-
sioners; provided, however, that when there is only one commissioner
in a county and he or she is suspended, subsection (b) of this Code
section shall apply.,
and inserting in lieu thereof a new Code Section 45-5-6 to read as
follows:
45-5-6. (a) As used in this Code section, the term public
official means any elected county officer; any elected member of a
county governing authority; any elected member of a city-county
consolidated government; any member of a county, area, or indepen-
dent board of education; any school superintendent of a county, area,
or independent school system; any solicitor of a state court; any
elected member of any municipal governing authority; any member of
the Public Service Commission; and any district attorney.
(b) Upon indictment for a felony by a grand jury of this state,
which felony indictment relates to the performance or activities of the
office of any public official, and in the case of a sheriff, any such
indictment by this state or any such indictment by the United States,
the Attorney General or district attorney shall transmit a certified
copy of the indictment to the Governor who shall, subject to subsec-
tion (e) of this Code section, appoint a review commission. Except as
GEORGIA LAWS 1984 SESSION
1281
provided in this subsection, the commission shall be composed of the
Attorney General and two public officials who hold the same office as
the individual indicted. The members of the commission shall receive
no compensation for their services but shall be reimbursed for any
expenses incurred in connection with the investigation. The funds
necessary to conduct the investigation shall come from funds appro-
priated to the executive branch of government. If the Attorney
General brings the indictment against the public official, the Attor-
ney General shall not serve on the commission. In place of the
Attorney General, the Governor shall appoint a retired Supreme
Court Justice or a retired Court of Appeals Judge.
(c) Unless a longer period of time is granted by the Governor, the
commission shall make a written report to the Governor within 14
days. If the commission determines that the indictment relates to
and adversely affects the administration of the office of the indicted
public official and that the rights and interests of the public are
adversely affected thereby, the commission shall recommend that the
public official be suspended from office. If, and only if, the commis-
sion recommends suspension, then the Governor shall review the
findings and recommendations of the commission and may suspend
the public officer from office immediately and without further action
pending the final disposition of the case or until the expiration of his
term of office, whichever occurs first. During the term of office to
which such officer was elected and in which the indictment occurred,
if a nolle prosequi is entered, if the public official is acquitted, or if
after conviction the conviction is later overturned as a result of any
direct appeal or application for a writ of certiorari, the public official
shall be immediately reinstated to the office from which he was
suspended. While a public official is suspended under this Code
section and until final conviction, the public official shall continue to
receive the compensation from his office.
(d) (1) For the duration of any suspension of any elected
member of any municipal or consolidated city-county governing
authority under this Code section, a replacement officer for the
public officer suspended shall be appointed as provided for in any
general law, local law, ordinance, or resolution governing the
filling of a temporary vacancy in the public office affected. For the
duration of any suspension of any other public official under this
Code section, a replacement officer for the public official shall be
appointed as provided for in any applicable general or local law
governing the filling of a temporary vacancy in the public office
1282
GENERAL ACTS AND RESOLUTIONS, VOL. I
affected. If no such general law, local law, ordinance, or resolution
governing the filling of a temporary vacancy is applicable, then the
Governor shall appoint a replacement officer for the public official
suspended.
(2) Upon the final conviction, the office of the public official
shall be vacated immediately without further action. Said
vacancy shall be filled in the manner provided by law for filling
vacancies in such office.
(e) No commission shall be appointed for a period of 14 days
from the day the Governor receives the indictment. This period may
be extended by the Governor. During this period of time, the indicted
public official may, in writing, authorize the Governor to suspend him
from office. Any such voluntary suspension shall be subject to the
same conditions for review, reinstatement, or declaration of vacancy
as are provided in this Code section for nonvoluntary suspensions.
(f) After any suspension under this Code section, the suspended
public official may petition the Governor for a review. The Governor
may reappoint the commission to review the suspension. The com-
mission shall make a written report in 14 days. If the commission
recommends that the public official be reinstated, he shall immedi-
ately be reinstated to office.
(g) The report and records of the commission and the fact that
the public official has or has not been suspended shall not be
admissible in evidence in any court for any purpose. The report and
records of the commission shall not be open to the public.
(h) The provisions of this Code section shall not apply to any
indictment handed down prior to January 1,1985.
(i) If a public official who is suspended from office under the
provisions of this Code section is not first tried at the next regular or
special term following the indictment, the suspension shall be termi-
nated and the public official shall be reinstated to office. The public
official shall not be reinstated under this subsection if he is not so
tried based on a continuance granted upon a motion made only by the
defendant.
Section 2. Code Section 15-16-26, relating to investigations of
charges against a sheriff, generally, is amended by striking in their
entirety subsection (d) and subsection (e), which read as follows:
GEORGIA LAWS 1984 SESSION
1283
(d) The chief judge of the superior court of the county of the
sheriffs residence shall appoint a person who meets the qualifications
for sheriffs pursuant to Code Section 15-16-1 to assume the duties
and responsibilities of the office of sheriff during any period of
suspension.
(e) Upon a sheriff being convicted of a felony in any court of this
state or convicted of a crime under the laws of the United States or
any other state in any court, which crime would be considered a felony
if committed within the State of Georgia, the district attorney of the
county of the sheriffs residence shall be required to bring a removal
petition against such sheriff immediately. If the sheriff fails to appeal
such conviction, a vacancy shall be declared in such office immedi-
ately upon the removal of the sheriff. If the sheriff appeals such
conviction, the chief judge of the superior court of the county of the
sheriffs residence shall appoint a person who meets the qualifications
for sheriffs pursuant to Code Section 15-16-1 to assume the duties
and responsibilities of the office of sheriff on a temporary basis until
all appeals of such conviction are exhausted by the sheriff or until the
expiration of the sheriffs term of office, whichever event occurs first.
After all appeals have been exhausted, if the conviction of the sheriff
has been upheld, the probate court shall declare a vacancy in such
office to be filled as provided by law. Any sheriff removed from office
as provided in this subsection who has his conviction nullified,
reversed, or set aside on appeal and who has time remaining in his
term of office to which elected shall be automatically reinstated in
office for the remainder of his unexpired term.,
and inserting in lieu thereof a new subsection (d) and subsection (e) to
read as follows:
(d) Except as provided in subsection (e) of this Code section,
the chief judge of the superior court of the county of the sheriffs
residence shall appoint a person who meets the qualifications for
sheriffs pursuant to Code Section 15-16-1 to assume the duties and
responsibilities of the office of sheriff during any period of suspen-
sion.
(e) Upon indictment for a felony, the provisions of Code Section
45-5-6 shall apply.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1284
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
INSURANCE FEES AND TAXES COUNTY
AND MUNICIPAL TAXATION AUTHORIZED
BASIS.
Code Title 33, Chapter 8 Amended.
No. 1272 (House Bill No. 1139).
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
penalties and interest on insurance fees and taxes; to authorize
municipal corporations to impose annual license fees on all types of
insurance companies; to provide that county and municipal taxation
of life insurance companies shall be based on premiums received
during the preceding calendar year; to provide that county and
municipal taxation of insurance companies other than life insurance
companies shall be based on premiums received during the preceding
calendar year; to change the time and method of distribution of local
insurance taxes collected by the Commissioner of Insurance; to
change the date of payment of such taxes; to provide for county
taxation within inactive municipal corporations; to provide for waiv-
ers of penalties and interest on insurance fees and taxes; to provide
for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance fees and taxes, is amended by
GEORGIA LAWS 1984 SESSION
1285
striking Code Section 33-8-6, relating to payment of insurance taxes,
and inserting in its place a new Code section to read as follows:
33-8-6. (a) The annual premium taxes required in this chap-
ter shall be paid to the Commissioner annually on or before March 1
following the close of the preceding calendar year upon all the
premiums received during that calendar year. At the same time each
such insurance company shall file with the Commissioner an annual
return on a form prescribed by the Commissioner showing, by quar-
ters, the gross direct premiums received during the preceding calen-
dar year and the installment payments made during that year.
(b) Installments of the annual premium taxes shall be due and
payable for each calendar quarter on the twentieth day of March,
June, September, and December in each year based upon the esti-
mated amount of gross direct premiums received during that calendar
quarter. A final payment of tax due for the year shall be made at the
time each such insurance company files its annual return for such
year.
(c) Any insurance company which fails to report and pay any
installment of tax or which estimates any installment of tax to be less
than 80 percent of the amount finally shown to be due in any quarter
shall be subject to penalty and interest as provided in subsection (d)
of this Code section for any underpayment of taxes due and payable
for that quarter. Any insurance company paying, for each installment
required in this chapter, 25 percent of the amount of the annual
premium taxes reported on its annual return for the preceding year
shall not be subject to any penalty or interest for such underpayment.
(d) A penalty of 10 percent of the amount owed, together with
interest on the principal amount at the rate of 1 percent per month, or
any part of a month, from the date due until the date paid shall be
imposed for late payment, underpayment, or nonpayment of any
taxes or amounts imposed under this chapter.
(e) When the date prescribed by or imposed pursuant to law for
the making of any return, the filing of any paper or document, or the
payment of any tax or license fee pursuant to this chapter falls on a
Saturday, Sunday, or legal holiday, the making of the return, the
filing of the paper or document, or the payment of the tax or license
fee shall be postponed until the first day following which is not a
Saturday, Sunday, or legal holiday.
1286
GENERAL ACTS AND RESOLUTIONS, VOL. I
(f) Subsections (b) and (c) of this Code section shall not apply to
any such insurance company whose annual premium taxes for the
immediately preceding calendar year was less than $500.00.
Section 2. Said chapter is further amended by striking Code
Sections 33-8-8,33-8-8.1, and 33-8-8.2, relating to local insurance fees
and taxes, and inserting in their place new Code Sections 33-8-8,33-8-
8.1, and 33-8-8.2 to read as follows:
33-8-8. (a) Except as otherwise provided in this chapter, the
State of Georgia preempts the field of imposing taxes, except taxes on
real property and tangible personal property taxed ad valorem, upon
insurance companies and their agents and other representatives,
including, but not limited to, excise, privilege, franchise, income,
license, permit, registration, and similar taxes and fees measured by
premiums, income, or volume of transactions; and no county or
unincorporated area of such county, city, municipality, district,
school district, or other political subdivision or agency of this state
shall impose, levy, charge, or require the same, except as provided in
this chapter.
(b) Municipal corporations are authorized, in conformity with
the requirements of their charters, to impose and collect the following
license fees upon insurance companies for the privilege of engaging in
the business of insurance within said municipal corporation:
(1) An annual license fee on each insurance company doing
business within the municipal corporate limits not to exceed the
following schedule:
Population of Municipal Corporation Amount
Under 1,000.................................$ 15.00
1.000 - 1,999............................... 25.00
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
GEORGIA LAWS 1984 SESSION
1287
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 insurance company for each
separate business location not otherwise subject to a license fee
under this Code section, which company is operated and main-
tained 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 involving term financ-
ing, offers, solicits, or takes applications for insurance through a
licensed agent of the insurance company for 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) Insurance agencies which are maintained and operated by a
company may not be separately licensed by municipal corporations
except under the provisions of this Code section; but nothing con-
tained in this Code section shall prevent municipal corporations from
separately imposing and collecting business licenses from indepen-
dent insurance agencies or brokers doing an 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 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.
(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).
33-8-8.1. (a) As used in this Code section, the term life insur-
ance company means a company which is authorized to transact only
the class of insurance designated in Code Section 33-3-5 as class (1).
1288
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 during the
preceding calendar year 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 quali-
fies, 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 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 during the
preceding calendar year from policies insuring persons residing
within the corporate limits of the municipal corporation pursuant
to the provisions of this Code section; provided, however, that the
rate of the tax may not exceed 1 percent of the premiums. The tax
imposed shall not apply to annuity considerations.
(c) (1) On March 1,1984, and on that date in each subsequent
year, each life insurance company shall file a certified return on a
form prescribed by the Commissioner showing gross direct pre-
miums received during the preceding calendar year that will
appear in the companys certified annual statement.
(2) On or before June 15,1984, and on the same date in each
subsequent year, the Commissioner shall provide to each county
and municipal corporation which is imposing a tax in accordance
with this Code section a statement of the estimated amount of
money the affected county or municipal corporation is expected to
receive based on the reports filed pursuant to paragraph (1) of this
subsection.
GEORGIA LAWS 1984 SESSION
1289
(3) On or before October 15,1984, and on the same date in
each subsequent year, the Commissioner shall collect taxes
imposed pursuant to subsection (b) of this Code section on behalf
of counties and municipal corporations whose ordinances have
been filed with the Commissioner. The tax collected for each year
shall be based upon gross direct premiums written during the
preceding calendar year. Penalty and interest as prescribed in
subsection (d) of Code Section 33-8-6 shall be imposed for late
payment, underpayment, or nonpayment of such taxes.
(d) Taxes imposed by subsection (b) of this Code section 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-
1290
GENERAL ACTS AND RESOLUTIONS, VOL. I
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
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) On or before December 15, 1984, and on the same date in
each subsequent year, the Commissioner shall distribute the taxes
imposed by counties and municipal corporations which are actually
remitted to and collected by the Commissioner. On or before
December 15,1985, and on the same date in each subsequent year, the
Commissioner shall distribute any delinquent taxes actually collected
by the Commissioner for a previous year, exclusive of any interest or
penalty on such delinquent taxes, which delinquent taxes have not
previously been distributed.
(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.
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 during the preceding calendar year. The tax shall be
levied upon premiums derived from policies insuring persons, prop-
erty, or risks in Georgia from January 1 to December 31, both
GEORGIA LAWS 1984 SESSION
1291
inclusive, of each year without regard to business ceded to or assumed
from other companies. The tax shall be imposed upon gross pre-
miums received during the preceding calendar year 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 pre-
miums returned or change of rate or canceled policies; provided,
further, that deductions shall be permitted for returned premiums 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 all 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) (A) On March 1, 1984, and on the same date in each
subsequent year, each insurance company upon which a tax is
imposed by subsection (b) of this Code section shall file a
certified return on a form prescribed by the Commissioner
showing gross direct premiums received during the preceding
calendar year that will appear in the companys certified
annual statement.
(B) On or before June 15,1984, and on the same date in
each subsequent year, the Commissioner shall provide to each
county and municipal corporation which is imposing a tax in
accordance with this Code section, a statement of the esti-
1292
GENERAL ACTS AND RESOLUTIONS, VOL. I
mated amount of money the affected county or municipal
corporation is expected to receive based on the reports filed
pursuant to subparagraph (b)(3)(A) of this Code section.
(C) On or before October 15, 1984, and on the same
date in each subsequent year, the Commissioner shall collect
taxes imposed pursuant to this Code section on behalf of
counties and municipal corporations whose ordinances have
been filed with the Commissioner. The premiums tax col-
lected for each year shall be based upon gross direct pre-
miums written during the preceding calendar year. Penalty
and interest as prescribed in subsection (d) of Code Section
33-8-6 shall be imposed for late payment, underpayment, or
nonpayment of such taxes.
(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
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) On or before December 15,1984, and on the same date in
each subsequent year, the Commissioner shall distribute the taxes
imposed by counties and municipal corporations which are actu-
ally remitted to and collected by the Commissioner. On or before
December 15,1985, and on the same date in each subsequent year,
the Commissioner shall distribute any delinquent taxes actually
collected by the Commissioner for a previous year, exclusive of any
interest or penalty on such delinquent taxes, which delinquent
taxes have not previously been distributed.
(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.
GEORGIA LAWS 1984 SESSION
1293
(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 3. Said chapter is further amended by adding a new
Code Section 33-8-8.4 to read as follows:
33-8-8.4. For purposes of levying, collecting, distributing, and
applying the proceeds of local insurance taxes and for all other
purposes of Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3, the popu-
lation of an inactive municipality shall be considered to be population
of the unincorporated area of the county or counties within which the
municipality is located. Any municipality whose governing authority
has neither met nor taken any official action during a calendar year
shall be considered to be an inactive municipality during the next
calendar year.
Section 4. Said chapter is further amended by striking Code
Section 33-8-12, relating to waiver of penalties, and inserting in its
place a new Code section to read as follows:
33-8-12. The Commissioner is authorized to waive the collec-
tion of any amount due the state as a penalty under provisions of this
title providing for fees, premium taxes, or other miscellaneous
charges collected by the Commissioner, whenever or to the extent
that he may determine that the default giving rise to the penalty was
due to reasonable cause and not due to gross or willful neglect or
disregard of the law, regulations, or instructions pertaining thereto.
The Commissioner may waive the collection of any interest, in whole
or in part, due the state on any unpaid taxes whenever or to the extent
that he reasonably determines that the delay in payment of the taxes
was attributable to the action or inaction of the department.
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1294
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
INSURANCE FEES AND TAXES
DISTRIBUTION OF ILLEGALLY COLLECTED
LOCAL PREMIUM TAXES WHEN REFUNDED.
Code Title 33, Chapter 8 Amended.
No. 1273 (House Bill No. 1206).
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 that
for the purposes of levying, collecting, distributing, and applying the
proceeds of local insurance taxes the population of certain inactive
municipal corporations shall be treated as population of the unincor-
porated area of the county or counties in which the municipal
corporation is located; to provide for the distribution of any reimburs-
ement received by an insurance company, other than a life insurance
company, as a result of the payment of insurance premium taxes
levied by a county or municipality which was illegally assessed and
collected; to make provisions with respect to voluntary payments of
local premium taxes; to provide for severability; to provide for
effective dates and applicability; 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 adding
a new Code Section 33-8-8.4 to read as follows:
GEORGIA LAWS 1984 SESSION
1295
33-8-8.4. For purposes of levying, collecting, distributing, and
applying the proceeds of local insurance taxes and for all other
purposes of Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3, the popu-
lation of an inactive municipality shall be considered to be population
of the unincorporated area of the county or counties within which the
municipality is located. Any municipality whose governing authority
has neither met nor taken any official action during a calendar year
shall be considered to be an inactive municipality during the next
calendar year.
Section 2. Said chapter is further amended by adding a new
Code section, to be designated Code Section 33-8-8.5, to read as
follows:
33-8-8.5. Any insurance company, other than a life insurance
company, which receives reimbursement for the payment of an
insurance premium tax levied by a county or municipality which was
illegally assessed and collected shall distribute on a pro rata basis the
proceeds of such reimbursement to its policyholders of record for the
year the tax was levied. The distribution of the reimbursement shall
be made as soon as practicable and in no event later than 90 days after
such reimbursement is received by the insurance company.
Section 3. Said chapter is further amended by adding a new
Code section, to be designated Code Section 33-8-8.6, to read as
follows:
33-8-8.6. Notwithstanding any other provision of law, any pay-
ment by an insurance company, other than a life insurance company,
of premium taxes levied by a county or municipality heretofore made
which when made was not accompanied by a written protest of the
legality or amount of such tax shall be deemed to have been a
voluntary payment and shall not be recoverable from such county or
municipality.
Section 4. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval. Section
1 of this Act shall apply to taxes collected during 1984 and all future
years. Section 2 of this Act shall apply to taxes collected prior to
January 1,1984.
Section 5. In the event any section, subsection, sentence, clause,
or phrase of this Act shall be declared or adjudged invalid or unconsti-
1296
GENERAL ACTS AND RESOLUTIONS, VOL. I
tutional, such adjudication shall in no manner affect the other
sections, subsections, sentences, clauses, or phrases of this Act, which
shall remain of full force and effect as if the section, subsection,
sentence, clause, or phrase so declared or adjudged invalid or uncon-
stitutional were not originally a part hereof. The General Assembly
declares that it would have passed the remaining parts of this Act if it
had known that such part or parts hereof would be declared or
adjudged invalid or unconstitutional.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
KINDS OF INVOLUNTARY SEPARATION
DISTINGUISHED, ETC.
Code Title 47, Chapter 2 Amended.
No. 1274 (Senate Bill No. 354).
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, relating to the Employees Retirement System of Georgia,
so as to change the provisions relative to the definition of involuntary
separation from employment without prejudice and involuntary sep-
aration from employment with prejudice; to provide for certain
definitions; to provide the grounds and procedures for the discharge
of employees from employment and that employees so discharged
shall not be entitled to and shall not receive a retirement benefit
based on involuntary separation from employment without prejudice;
to provide for judicial review; to prohibit releases or separations from
state service of any public official or employee who is entitled to
involuntary separation benefits under the Employees Retirement
GEORGIA LAWS 1984 SESSION
1297
System of Georgia except under certain limited circumstances; to
provide procedures for the continued employment of certain employ-
ees proposed for involuntary separation from employment and to
define terms in connection therewith; to provide for other matters
relative to the foregoing; to repeal a provision relative to discretionary
termination of employees; to provide that this Act shall become
effective on a certain date only if a certain amendment to the
Constitution is ratified; to provide that this Act is exempt from the
provisions of a certain Act; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, relating to the Employees Retirement System of Georgia,
is amended by striking paragraphs (20) and (21) of Code Section 47-2-
1, relating to definitions, in their entirety and substituting in lieu
thereof new paragraphs (20) and (21) to read as follows:
(20) Involuntary separation from employment without preju-
dice means separation or release from service other than by the
willing choice of a member, provided that such member has not been
convicted in a court of competent jurisdiction of any crime involving
moral turpitude or malfeasance in office or has not been forced to
make restitution for any funds or property wrongfully taken by the
member. Involuntary separation shall not include the defeat in an
election of an elected official who becomes a member of this retire-
ment system for the first time on or after July 1,1971.
(21) Involuntary separation from employment with prejudice
means separation or release from service other than by the willing
choice of a member who has been convicted in a court of competent
jurisdiction of a crime involving moral turpitude or malfeasance in
office or who has been forced to make restitution for any funds or
property wrongfully taken by the member.
Section 2. Said chapter is further amended by adding at the end
of Article 1, relating to general provisions, two new Code sections to
be designated Code Sections 47-2-2 and 47-2-3 to read as follows:
47-2-2. (a) The provisions of this Code section are supple-
mental to, and not in lieu of, the provisions of paragraphs (20) and
1298
GENERAL ACTS AND RESOLUTIONS, VOL. I
(21) of Code Section 47-2-1 defining involuntary separation from
employment without prejudice and involuntary separation from
employment with prejudice.
(b) The word employee as defined in paragraph (2) of subsec-
tion (c) of this Code section shall include any such employee in the
classified or unclassified service of the State Merit System of Person-
nel Administration provided for by Chapter 20 of Title 45. The
provisions of that law or any rules or regulations promulgated pursu-
ant thereto relative to the dismissal of employees from employment
shall not be applicable to the discharge of an employee from employ-
ment pursuant to the provisions of this Code section. Any such
employee who is otherwise subject to that law and rules or regulations
promulgated pursuant thereto shall continue to be subject thereto for
the purpose of any adverse personnel action other than discharge
from employment or suspension pursuant to this Code section, but
for the purposes of such discharge from employment or suspension,
the provisions of this Code section shall be exclusive.
(c) As used in this Code section, the term:
(1) Duties means duties and responsibilities assigned by an
employer to an employee which are reasonably related to the
lawful objectives and responsibilities of the employer and which
are reasonably related to the position of employment held by the
employee for which the employee is compensated.
(2) Employee means an employee, other than an elected
public official, a public official selected by a vote of a board to
serve at the pleasure of the board, or a public official appointed
pursuant to law for a specific term of office, as defined in para-
graph (16) of Code Section 47-2-1 who was a member of the
retirement system prior to April 1,1972, and who, if involuntarily
separated from employment without prejudice, has sufficient
membership service under the retirement system to qualify for a
retirement allowance because of such involuntary separation from
employment.
(3) Employer means any person or group of persons autho-
rized by law or having authority delegated by law to discharge an
employee.
GEORGIA LAWS 1984 SESSION
1299
(4) Insubordination means the refusal by an employee to
carry out the employees duties when instructed to do so by the
employer or by the employees supervisor upon the instructions or
under the authority of the employer.
(5) Irresponsible performance of duties means the perfor-
mance of any duties by an employee or the use of an employees
position of employment for any one or more of the following
purposes:
(A) To make a financial gain or receive materials or
services having financial value, except compensation received
as an employee, under circumstances which would lead a
reasonable person to believe that the financial gain or the
receipt of materials or services was improperly related to the
performance of duties by the employee;
(B) To purchase or authorize the purchase of materials
or services from public funds when the employee knows or
reasonably could be expected to know that the amount paid
for such materials or services unreasonably exceeds the
amount for which substantially equivalent materials or ser-
vices could be purchased without excessive delay or inconve-
nience;
(C) To use publicly owned real or personal property or
publicly supplied services for personal use when the employee
knows or reasonably could be expected to know that such
personal use of public property or services is unauthorized or
improper; or
(D) To expend or authorize the expenditure of public
funds in a manner which would lead a reasonable person to
believe the employee shows a reckless disregard for the obli-
gation to taxpayers to expend public funds in a prudent and
efficient manner.
(6) Malingering means frequent absences from work or the
failure to perform duties during working hours because of claims
of illness which are unsubstantiated as determined pursuant to
subsection (e) of this Code section.
1300
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Neglect of duty means the repeated failure by an
employee to carry out the employees duties, either because of
excessive unexcused absences from work or a failure to perform or
the unsatisfactory performance of duties while at work or a
combination thereof.
(8) Proof of illness means a written opinion by one or more
physicians designated by the medical board provided for by Code
Section 47-2-24 stating that an employees absences from work or
unsatisfactory performance of duties are reasonably related to an
illness suffered by the employee and describing the nature of such
illness.
(9) Unsatisfactory performance of duties in a willful
manner means the unsatisfactory performance of duties by an
employee when the past satisfactory performance of duties by the
employee indicates the employees unsatisfactory performance is
willful as determined pursuant to subsection (f) of this Code
section.
(d) An employee may be discharged from employment pursuant
to the requirements of this Code section for insubordination, irre-
sponsible performance of duties, malingering, neglect of duty, or
unsatisfactory performance of duties in a willful manner, or for any
combination of such reasons. Any employee so discharged from
employment shall not be entitled to and shall not receive a retirement
benefit based on involuntary separation from employment without
prejudice pursuant to Code Section 47-2-123.
(e) An employer shall have a reasonable basis for believing an
employee is malingering when:
(1) The employee has a pattern of absences from work
because of illness or unsatisfactory performance of duties because
of illness or a pattern of absences from work and unsatisfactory
performance of duties because of illness;
(2) The employer has requested the employee, in writing, to
provide proof of illness and the employee has been given a
reasonable opportunity, which shall not be less than 30 days after
the date of the request made by the employer, to respond to the
employers request; and
GEORGIA LAWS 1984 SESSION
1301
(3) The employee has provided no or unsatisfactory proof of
illness to the employer in response to the request made pursuant
to paragraph (2) of this subsection.
(f) An employer shall have a reasonable basis for believing an
employee is engaging in unsatisfactory performance of duties in a
willful manner when:
(1) The past work history of the employee indicates the
employee is capable of satisfactory performance of duties;
(2) The unsatisfactory performance of duties became
increasingly apparent after the employee qualified for a retire-
ment benefit based on involuntary separation from employment
without prejudice; and
(3) The employee does not claim illness as a basis for
unsatisfactory performance of duties and has offered no proof of
illness to the employer.
(g) When an employer is considering the discharge from employ-
ment of an employee for any one or more reasons specified in
subsection (d) of this Code section, the employer shall transmit a
written notice to the employee containing the following:
(1) An explanation of the conduct or deficiencies of the
employee which forms the basis for the employers considering the
discharge of the employee;
(2) A statement that such conduct may result in the
employees discharge from employment on a specified date, which
shall not be earlier than the tenth day following the date of the
notice in the case of insubordination or irresponsible performance
of duties and not earlier than the thirtieth day following the date
of the notice if the basis for considering the discharge of the
employee is for a reason or reasons other than insubordination or
irresponsible performance of duties;
(3) A statement that the employees discharge from employ-
ment for the reasons specified in the notice shall not constitute
involuntary separation from employment without prejudice
within the meaning of the applicable provisions of the Employees
Retirement System of Georgia and that if discharged, the
1302
GENERAL ACTS AND RESOLUTIONS, VOL. I
employee shall not be entitled to receive and shall not receive a
retirement benefit based on involuntary separation from employ-
ment without prejudice;
(4) A statement that the employee has a right to a hearing
before the employer on a specified date, which shall be at least five
days prior to the date specified for the employees discharge from
employment; and
(5) A statement that at the hearing before the employer, the
employee shall be given an opportunity to offer explanations for
the employees conduct or deficiencies and to present evidence on
the employees behalf.
(h) An employee being considered for discharge from employ-
ment because of insubordination or irresponsible performance of
duties may be suspended without pay, except to the extent the
employee has accumulated annual leave, pending the completion of
the procedures provided for in subsections (g) and (i) of this Code
section. If the employers final decision is not to discharge the
employee or if the employees discharge is not upheld by the court
upon judicial review provided for in Code Section 47-2-3, the compen-
sation denied to the employee during suspension shall be reimbursed
to the employee and, if applicable, accumulated leave used during the
suspension shall be reinstated.
(i) If an employee subject to the provisions of subsection (g) of
this Code section fails to respond to the notice sent to the employee
pursuant to said Code section or if the employer is not satisfied with
the explanation made by the employee for the conduct or deficiencies
specified in said notice and is not satisfied with the evidence pre-
sented in the employees behalf, the employee may be discharged
from employment on the date specified in said notice or on such later
date as shall be specified in writing by the employer to the employee.
The employee shall be notified, in writing, of the final decision of the
employer and such notice shall provide an explanation for the
employers decision.
(j) An employer discharging an employee pursuant to this Code
section shall prepare a written report to the board of trustees on the
discharge of the employee. Any notices or other written communica-
tions to the employee which relate to the employers decision to
discharge the employee shall be attached to and made a part of the
employers report to the board of trustees.
GEORGIA LAWS 1984 SESSION
1303
(k) It shall be the duty of any employer considering the dis-
charge of an employee for any reason or combination of reasons
specified in subsection (d) of this Code section to follow the proce-
dures specified in this Code section as a condition precedent to the
discharge of such employee.
47-2-3. (a) As used in this Code section, the term:
(1) Employee means an employee subject to the provisions
of Code Section 47-2-2 who is discharged from employment pursu-
ant to that Code section and who is aggrieved by such discharge
from employment.
(2) Employer shall have the same meaning as the defini-
tion of that word provided in paragraph (3) of subsection (c) of
Code Section 47-2-2.
(b) An employee shall have the right to judicial review of the
employees discharge from employment pursuant to the provisions of
Code Section 47-2-2. Proceedings for judicial review may be insti-
tuted by filing a petition within 30 days after the date the employees
discharge from employment becomes final as specified in the notice
sent to the employee pursuant to subsection (i) of Code Section 47-2-
2. The petition may be filed in the Superior Court of Fulton County
or in the superior court of the county of residence of the employee.
The petition shall state the nature of the employees interest and the
grounds as specified in subsection (f) of this Code section upon which
the employee contends that the employees discharge from employ-
ment should be reversed or modified. The petition may be amended
by leave of the court. The filing of the petition does not itself stay the
enforcement of the employers decision to discharge the employee,
but the reviewing court may order a stay upon appropriate terms for
good cause shown.
(c) Within 30 days after service of the petition or within further
time allowed by the court, the employer shall transmit to the review-
ing court the original or a certified copy of the entire record, which
shall include the report prepared by the employer pursuant to
subsection (j) of Code Section 47-2-2, of the proceedings under
review. The court may require or permit subsequent corrections or
additions to the record.
1304
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) If, before the date set for hearing, application is made to the
court for leave to present additional evidence and it is shown to the
satisfaction of the court that the additional evidence is material and
there were good reasons for failure to present it in the hearing before
the employer, the court may order that the additional evidence be
taken before the employer upon conditions determined by the court.
The employer may modify the employers findings and decision to
discharge the employee by reason of the additional evidence and shall
file that evidence and any modifications, new findings, or decisions
with the reviewing court.
(e) The review shall be conducted by the court without a jury
and shall be confined to the record. In cases of alleged irregularities
in procedure before the employer, not shown in the record, proof
thereon may be taken in the court. The court, upon request, shall
hear oral argument and receive written briefs.
(f) The court shall not substitute its judgment for that of the
employer as to the weight of the evidence on questions of fact. The
court may affirm the decision of the employer or remand the case for
further proceedings. The court may reverse or modify the decision of
the employer to discharge the employee if substantial rights of the
employee have been prejudiced because the administrative findings,
inferences, conclusions, or decision of the employer were:
(1) In violation of constitutional or statutory provisions;
(2) In excess of statutory authority of the employer;
(3) Affected by other error of law;
(4) Clearly erroneous in view of the reliable, probative, and
substantial evidence on the whole record; or
(5) Arbitrary or capricious or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.
(g) If the employee or the employer is aggrieved by a final
judgment of the superior court under this Code section, either such
party may obtain review of such final judgment pursuant to the
provisions of Code Section 5-6-35.
GEORGIA LAWS 1984 SESSION
1305
Section 3. Said chapter is further amended by adding at the end
of Code Section 47-2-123, relating to allowances payable upon death,
disability, or involuntary separation from employment, two new
subsections (g) and (h) to read as follows:
(g) From and after January 1, 1985, no employing unit within
the government of the State of Georgia, including every department,
commission, board, bureau, agency, branch of government, or any
other employing unit by whatever name called, which has the author-
ity and power to appoint, employ, release, separate, or fail to reap-
point public officials or employees shall release or separate from state
service, or fail to reappoint to continued state service, any public
official or employee who is entitled to coverage under the involuntary
separation retirement benefits provisions of this Code section. A
release, separation, or failure to reappoint in violation of the provi-
sions of this subsection shall be illegal, unlawful, and void. However,
such releases or separations from state service or failures to reappoint
to continued state service shall not be subject to the provisions of this
subsection if such releases or separations from service or failures to
reappoint occur under any of the following circumstances:
(1) Separation or release from service of an official or
employee pursuant to Code Section 47-2-2 or separation or release
from service of an official or the failure to reappoint an official by
a board when such official serves at the pleasure of the board;
(2) Separation or release from service of an official or
employee for any reason which would constitute cause as defined
in the rules and regulations of the State Personnel Board if such
separation or release from service is not pursuant to Code Section
47-2-2;
(3) Separation or release from service of an official or
employee for criminal conduct under the laws of this state, any
other state, or the United States; or
(4) A discretionary termination which means any one of
the following:
(A) Separation or release from service of an official or
employee under circumstances in which an official or
employee is released or separated or any officials or
employees position or job is abolished through a valid reduc-
1306
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion-in-force plan approved by the State Merit System of
Personnel Administration;
(B) Separation or release from service of any official or
employee by reason of a bona fide reorganization of any
employing unit, with respect to which reorganization any
such separations or releases have been approved in advance
by the Governor; or
(C) Separation or release from service of an official or
employee, or failure of reappointment of an official or
employee, who holds a confidential position to an appointed
or elected public official, or a group of appointed or elected
public officials, incurred as a result of a change of administra-
tion in the office of such appointed or elected public official,
or group of appointed or elected public officials.
(h) (1) Except where termination is required by a sudden and
unexpected loss of federal or state funds, an employer intending
the discretionary termination of an official or employee shall
notify the commissioner of personnel administration at least 60
but not more than 120 days prior to the effective date of the
discretionary termination of such official or employee. If termina-
tion is required by a sudden and unexpected loss of federal or state
funds, the employer shall notify the commissioner of personnel
administration as soon as the employer becomes aware of the loss
of funds and the termination shall be delayed until the completion
of the procedures required by this subsection. Pending the
completion of such procedures, the employee or official proposed
for termination because of a sudden and unexpected loss of federal
or state funds shall be compensated from any funds appropriated
or available to the employer which may be used for such purpose.
The notice shall be in writing and a copy thereof shall be for-
warded to the board of trustees at the same time it is forwarded to
the commissioner of personnel administration. The notice shall
include the following information:
(A) The name and current annual compensation of the
official or employee proposed for discretionary termination;
(B) The age, length of service, current job description,
and summary of the work experience of the official or
employee proposed for discretionary termination;
GEORGIA LAWS 1984 SESSION
1307
(C) The educational qualifications of the official or
employee proposed for discretionary termination; and
(D) An explanation of the reasons for the proposed
discretionary termination of the official or employee.
(2) After receipt of the notice provided for in paragraph (1)
of this subsection, the commissioner of personnel administration
shall schedule an interview with the official or employee proposed
for discretionary termination. The interview shall be held within
15 days after receipt of the notice. Based on the interview with the
official or employee proposed for discretionary termination and
the information provided by the notice received by the commis-
sioner pursuant to paragraph (1) of this subsection, the commis-
sioner of personnel administration shall contact appropriate state
departments, boards, bureaus, and other agencies of the state
government for the purpose of seeking continued employment for
the official or employee proposed for discretionary termination.
Any position for continued employment of the official or employee
proposed for discretionary termination which is obtained by the
commissioner of personnel administration shall meet the follow-
ing requirements:
(A) The annual compensation for such position shall be
the same or greater than the current annual compensation of
the official or employee proposed for discretionary termina-
tion;
(B) The duties for such position shall be reasonably
compatible with the previous work experience and educa-
tional qualifications of the official or employee proposed for
discretionary termination;
(C) The position shall be one which includes the holder
thereof as a member of the retirement system provided for by
this chapter; and
(D) The position must be available for acceptance by
the official or employee proposed for discretionary termina-
tion at least one day prior to the effective date of such
termination and an offer of the position to the official or
employee must be made, in writing, by not later than the day
immediately preceding the effective date of the discretionary
termination.
1308
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Any official or employee proposed for discretionary
termination who is offered a position of continued employment in
conformity with the requirements of paragraph (2) of this subsec-
tion shall be deemed to have resigned from service at his or her
own choice upon the failure of such official or employee to accept
the position of continued employment, and no such official or
employee so resigning from service shall qualify for retirement
benefits based upon involuntary separation from employment
without prejudice as authorized by this Code section.
(4) If the commissioner of personnel administration fails to
obtain a position of continued employment in conformity with the
requirements of paragraph (2) of this subsection for an official or
employee proposed for discretionary termination, then, on the
effective date of the discretionary termination, the official or
employee may be considered involuntarily separated from
employment without prejudice for the purposes of this Code
section.
(5) The commissioner of personnel administration shall
notify the board of trustees in writing of the action taken by the
commissioner pursuant to this subsection and of any position of
continued employment which is offered to and accepted or refused
by an official or employee proposed for discretionary termination.
(6) It is the intention of this subsection to provide proce-
dures to secure the continued employment of officials and
employees who may become subject to discretionary termination,
and the provisions of this subsection shall not be construed to
create any right to continue in a position of employment when
that right does not exist independently of this subsection.
Section 4. Subject to the requirements of Section 5 of this Act,
effective January 1,1985, Code Section 47-2-123.1, relating to proce-
dures and requirements applicable to the discretionary termination
of certain employee members of the Employees Retirement System
of Georgia, shall stand repealed in its entirety.
Section 5. This Act shall become effective on January 1,1985,
only if a proposed amendment to the Constitution authorizing the
General Assembly to revise provisions of public retirement or pension
systems relating to involuntary separation from employment is
ratified at the 1984 general election. In the event such proposed
GEORGIA LAWS 1984 SESSION
1309
constitutional amendment is not so ratified this Act shall be null,
void, and of no force and effect and shall stand repealed in its entirety
on January 1,1985.
Section 6. Pursuant to the authority of the proposed constitu-
tional amendment described in Section 5 of this Act and being
contingent for its effectiveness on January 1,1985, upon the ratifica-
tion of such proposed constitutional amendment, this Act is exempt
from the provisions of Chapter 20 of Title 47 of the Official Code of
Georgia Annotated known as the Public Retirement Systems Stan-
dards Law.
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
RETIREMENT AND PENSIONS CONTINUED
EMPLOYMENT OF CERTAIN EMPLOYEES PROPOSED
FOR INVOLUNTARY SEPARATION.
Code Section 47-2-123.1 Enacted.
No. 1275 (Senate Bill No. 355).
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, providing for the Employees Retirement System of
Georgia, so as to provide procedures for the continued employment of
certain employees proposed for involuntary separation from employ-
ment; to define terms in connection therewith; to provide for other
matters relative thereto; to repeal conflicting laws; and for other
purposes.
1310
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, providing for the Employees Retirement System of
Georgia, is amended by adding immediately following Code Section
47-2-123 a new Code Section 47-2-123.1 to read as follows:
47-2-123.1. (a) As used in this Code section, the term:
(1) Discretionary termination means the termination from
employment of an employee resulting from the reorganization or
redesignation of positions or titles of employment by an employer,
reduction of forces by an employer, or the replacement by an
employer of an employee by another employee in the exercise of
the employers discretion in appointing members of the
employers staff, but the term does not mean or include termina-
tion from employment because of disability or for cause such as
inefficiency, incompetency, neglect of duty, insubordination,
immorality, or for other good and sufficient cause.
(2) Employee means an employee as defined by paragraph
(16) of Code Section 47-2-1 who, if involuntarily separated from
employment without prejudice, would qualify to receive a retire-
ment benefit because of such involuntary separation pursuant to
the provisions of Code Section 47-2-123.
(b) The word employee as defined in paragraph (2) of subsec-
tion (a) of this Code section shall include any such employee in the
classified or unclassified service of the State Merit System of Person-
nel Administration provided by Chapter 20 of Title 45. The provi-
sions of this Code section shall supersede that law and any rules or
regulations promulgated pursuant thereto to the extent that such law
and rules and regulations are in conflict or inconsistent with the
provisions of this Code section.
(c) At least 60 but not more than 120 days prior to the effective
date of the discretionary termination of an employee, the employer
intending the discretionary termination shall notify the commis-
sioner of personnel administration. The notice shall be in writing and
a copy thereof shall be forwarded to the board of trustees at the same
time it is forwarded to the commissioner of personnel administration.
The notice shall include the following information:
GEORGIA LAWS 1984 SESSION
1311
(1) The name and current annual compensation of the
employee proposed for discretionary termination;
(2) The age, length of service, current job description, and
summary of the work experience of the employee proposed for
discretionary termination;
(3) The educational qualifications of the employee pro-
posed for discretionary termination; and
(4) An explanation of the reasons for the proposed discre-
tionary termination of the employee.
(d) After receipt of the notice provided for in subsection (c) of
this Code section, the commissioner of personnel administration shall
schedule an interview with the employee proposed for discretionary
termination. The interview shall be held within 15 days after receipt
of the notice. Based on the interview with the employee proposed for
discretionary termination and the information provided by the notice
received by the commissioner pursuant to subsection (c) of this Code
section, the commissioner of personnel administration shall contact
appropriate state departments, boards, bureaus, and other agencies
of the state government for the purpose of seeking continued employ-
ment for the employee proposed for discretionary termination. Any
position for continued employment of the employee proposed for
discretionary termination which is obtained by the commissioner of
personnel administration shall meet the following requirements:
(1) The annual compensation for such position shall be the
same or greater than the current annual compensation of the
employee proposed for discretionary termination;
(2) The duties for such position shall be reasonably compat-
ible with the previous work experience and educational qualifica-
tions of the employee proposed for discretionary termination;
(3) The position shall be one which includes the holder
thereof as a member of the retirement system provided for by this
chapter; and
(4) The position must be available for acceptance by the
employee proposed for discretionary termination at least one day
prior to the effective date of such termination and an offer of the
1312
GENERAL ACTS AND RESOLUTIONS, VOL. I
position to the employee must be made, in writing, by not later
than the day immediately preceding the effective date of the
discretionary termination.
(e) Any employee proposed for discretionary termination who is
offered a position of continued employment in conformity with the
requirements of subsection (d) of this Code section shall be deemed to
have resigned from service at his or her own choice upon the failure of
such employee to accept the position of continued employment, and
no such employee so resigning from service shall qualify for retire-
ment benefits based upon involuntary separation from employment
without prejudice as authorized by Code Section 47-2-123.
(f) If the commissioner of personnel administration fails to
obtain a position of continued employment in conformity with the
requirements of subsection (d) of this Code section for an employee
proposed for discretionary termination, then, on the effective date of
the discretionary termination, the employee may be considered invol-
untarily separated from employment without prejudice for the pur-
poses of Code Section 47-2-123.
(g) The commissioner of personnel administration shall notify
the board of trustees in writing of the action taken by the commis-
sioner pursuant to subsection (d) of this Code section and of any
position of continued employment which is offered to and accepted or
refused by an employee proposed for discretionary termination.
(h) It is the intention of this Code section to provide procedures
to secure the continued employment of employees who may become
subject to discretionary termination, and the provisions of this Code
section shall not be construed to create any right to continue in a
position of employment when that right does not exist independently
of this Code section.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GEORGIA LAWS 1984 SESSION
1313
JOINT PART-TIME STATE EMPLOYMENT STUDY
COMMITTEE CREATED.
No. 89 (House Resolution No. 644).
A RESOLUTION
Creating the Joint Part-time State Employment Study Commit-
tee; and for other purposes.
WHEREAS, most agencies and departments of state government
require part-time employees in order to provide greater flexibility in
scheduling of work and in order to meet fluctuating workloads so as to
adequately serve the citizens of the state; and
WHEREAS, each agency or department may have a need to
establish differing criteria for permanent part-time positions; and
WHEREAS, part-time employment is particularly necessary in
the case of certain occupations and professions in which those having
specialized skills are not available for employment by the state on a
full-time basis; and
WHEREAS, the state should in fairness offer to part-time
employees retirement benefits which are reasonably related to the
services they perform for the state; and
WHEREAS, the problem of equity to part-time employees and
full-time employees is often complicated by transfer of part-time
employees to full-time status; and
WHEREAS, the state currently has no uniform policy concerning
these matters and no mechanism for uniformly determining retire-
ment benefits which will be equitable to part-time and full-time
employees of the state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL
ASSEMBLY OF GEORGIA that there is created the Joint Part-time
State Employment Study Committee to be composed of five members
of the House of Representatives appointed by the Speaker of the
House, five members of the Senate to be appointed by the Lieutenant
Governor, and five members appointed by the Governor. The chair-
1314
GENERAL ACTS AND RESOLUTIONS, VOL. I
man and the vice chairman of the committee shall be elected by the
committee at its first meeting which shall be called by the Governor.
BE IT FURTHER RESOLVED that the committee shall under-
take a study of the matters discussed in the preamble to this resolu-
tion and shall seek to determine the best possible method of meeting
the states need for part-time employees and providing equitable
retirement benefits to such part-time employees while maintaining
the fiscal integrity of the states retirement systems and treating full-
time employees fairly in comparison with part-time employees. The
committee may conduct such meetings at such places and at such
times as it may deem necessary or convenient to enable it to exercise
fully and effectively its powers, perform its duties, and accomplish
the objectives and purposes of this resolution. The members of the
committee shall receive the allowances authorized for legislative
members of interim legislative committees but shall receive the same
for not more than 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 commit-
tee shall make a report of its findings and recommendations, with
suggestions for proposed legislation, if any, no later than December 1,
1985, at which time the committee shall stand abolished.
Approved April 4,1984.
TEACHERS RETIREMENT SYSTEM OF GEORGIA
DEFINITION OF TEACHER CHANGED.
Code Title 47, Chapter 3 Amended.
No. 1276 (House Bill No. 143).
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
GEORGIA LAWS 1984 SESSION
1315
as to change the provisions relative to definitions; to prohibit mem-
bership in the retirement system of certain categories of persons after
a certain date; to change the provisions relative to allowance on
service retirement and the calculation of average 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. 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 47-3-1, relating to
definitions, a new paragraph to read as follows:
Notwithstanding the provisions of subparagraphs (N) and (P) of
paragraph (28) of this Code section, no person becoming an employee
of the Georgia Association of Educators, the Georgia High School
Association, or the Georgia School Boards Association or becoming
the executive secretary of the Georgia Vocational Association after
June 30, 1984, shall be a teacher within the meaning of paragraph
(28) of this Code section or shall be eligible for membership in the
retirement system provided for by this chapter unless the person
holding any such position is also a teacher within the meaning of a
subparagraph of paragraph (28) of this Code section other than
subparagraph (N) or (P). Subparagraphs (N) and (P) of paragraph
(28) of this Code section shall remain effective after June 30, 1984,
only for the purpose of allowing any person who was a member of the
retirement system on June 30, 1984, because the person held a
position specified by said subparagraph (N) or (P) to continue such
membership as long as the person continues to hold such position.
Section 2. Said chapter is further amended by striking subsec-
tion (a) of Code Section 47-3-120, relating to allowance on service
retirement, in its entirety and substituting in lieu thereof a new
subsection (a) to read as follows:
(a) Upon service retirement, a member shall receive an allow-
ance which shall consist of:
(1) An annuity which shall be the actuarial equivalent of the
members accumulated contributions at the time of retirement;
and
1316
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) An annual pension which, together with the annuity set
forth in paragraph (1) of this subsection, shall provide a total
allowance equal to 2 percent of the members average compensa-
tion over the two consecutive years of creditable service producing
the highest such average, multiplied by the number of the
members years of creditable service, not to exceed 40. The
computation of average compensation for the purposes of this
paragraph shall be subject to the requirements of subsection (d) of
this Code section.
The minimum allowance to be received by any member upon
retirement shall not be less than $12.00 per month for each year of
creditable service, not to exceed 40 years of creditable service.
Section 3. Said chapter is further amended by adding at the end
of Code Section 47-3-120, relating to allowance on service retirement,
a new subsection (d) to read as follows:
(d) (1) No more than two increases in compensation granted
during the two consecutive years on which average compensation
is based under paragraph (2) of subsection (a) of this Code section
shall be considered in the computation of such average compensa-
tion. For those members who are not employees of the Board of
Regents of the University System of Georgia, that part of any such
increase in compensation which exceeds a percentage equal to the
average annual increase in compensation granted to classroom
teachers by appropriations of the General Assembly, plus 2 1/2
percent of compensation received at the time the annual increase
granted by appropriations becomes effective, shall not be consid-
ered in the computation of average compensation. For those
members who are employees of the Board of Regents of the
University System of Georgia, that part of any such increase in
compensation which exceeds a percentage equal to the average
annual increase in compensation granted to academic personnel
employed by said board of regents by appropriations of the
General Assembly, plus 2 1/2 percent of compensation received at
the time the annual increase granted by appropriations becomes
effective, shall not be considered in the computation of average
compensation.
(2) That part of any decrease in compensation made during
the two consecutive years on which average compensation is based
under paragraph (2) of subsection (a) of this Code section which
GEORGIA LAWS 1984 SESSION
1317
exceeds two 5 percent decreases shall not be considered in com-
puting average compensation.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
PENAL INSTITUTIONS PROBATION DUTY
OF PROBATIONER TO REPORT TO PROBATION
SUPERVISOR, ETC.
Code Section 42-8-36 Amended.
No. 1277 (House Bill No. 536).
AN ACT
To amend Chapter 8 of Title 42 of the Official Code of Georgia
Annotated, relating to probation, so as to change the provisions
relating to the duty of probationers to inform their probation supervi-
sors of their residences; to provide for any unpaid fines, restitution, or
any other moneys owed as a condition of probation after a proba-
tioner fails to report to his probation supervisor; 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 striking in its
entirety Code Section 42-8-36, relating to the duty of a probationer to
inform his probation supervisor of his residence, and inserting in lieu
thereof a new Code Section 42-8-36 to read as follows:
42-8-36. (a) Any other provision of this article to the contrary
notwithstanding, it shall be the duty of a probationer, as a condition
1318
GENERAL ACTS AND RESOLUTIONS, VOL. I
of probation, to keep his probation supervisor informed as to his
residence. Upon the recommendation of the probation supervisor, the
court may also require, as a condition of probation and under such
terms as the court deems advisable, that the probationer keep the
probation supervisor informed as to his whereabouts. The failure of a
probationer to report to his probation supervisor as directed or a
return of non est inventus or other return to a warrant, for the
violation of the terms and conditions of probation, that the proba-
tioner cannot be found in the county that appears from the records of
the probation supervisor to be the probationers county of residence
shall automatically suspend the running of the probated sentence
until the probationer shall personally report to the probation supervi-
sor or to report as otherwise directed; and such period of time shall
not be included in computing creditable time served on probation nor
as any part of the time that the probationer was sentenced to serve.
The effective date of the tolling of the sentence shall be the date that
the judge signs the order tolling the sentence. Upon such facts being
made known to the court by the probation supervisor, the court is
authorized to revoke the probation without notice to the probationer.
(b) Any unpaid fines, restitution, or any other moneys owed as a
condition of probation shall be due when the probationer is arrested;
but, if the entire balance of his probation is revoked, all the conditions
of probation, including moneys owed, shall be negated by his impris-
onment. If only part of the balance of the probation is revoked, the
probationer shall still be responsible for the full amount of the unpaid
fines, restitution, and other moneys upon his return to probation after
release from imprisonment.
Section 2. This Act shall become effective upon its approval by
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 4,1984.
GEORGIA LAWS 1984 SESSION
1319
BUSINESS CORPORATIONS VENUE IN
GARNISHMENT PROCEEDINGS SERVICE OF
SUMMONS.
Code Sections 14-2-63 and 18-4-23 Amended.
No. 1278 (House Bill No. 542).
AN ACT
To amend Article 4 of Chapter 2 of Title 14 of the Official Code of
Georgia Annotated, relating to registered offices and agents, service
of process, and venue with regard to corporations, so as to provide for
venue in garnishment proceedings; to amend Article 2 of Chapter 4 of
Title 18, relating to property and persons subject to garnishment, so
as to change the provisions relative to service of a summons of
garnishment on a corporation; to provide for applicability; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 4 of Chapter 2 of Title 14 of the Official Code of
Georgia Annotated, relating to registered offices and agents, service
of process, and venue with regard to corporations, is amended by
striking Code Section 14-2-63, relating to venue in proceedings
against a corporation, in its entirety and inserting in lieu thereof a
new Code Section 14-2-63 to read as follows:
14-2-63. (a) Venue in proceedings against a corporation shall
be determined in accordance with the pertinent constitutional and
statutory provisions of this state in effect as of April 1, 1969, or
thereafter.
(b) For the purpose of determining venue, each domestic corpo-
ration and each foreign corporation authorized to transact business in
this state shall be deemed to reside in the county where its registered
office is maintained. If any such corporation fails to maintain a
registered office, it shall be deemed to reside in the county in this
state where its last named registered office or principal office, as
shown by the records of the Secretary of State, was maintained. The
residence established by this subsection shall be in addition to, and
not in limitation of, any other residences that any domestic or foreign
corporation may have by reason of other laws.
1320
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) For the purpose of determining venue, each domestic corpo-
ration and each foreign corporation authorized to transact business in
this state shall be deemed to reside and may be sued on contracts in
that county in which the contract sought to be enforced was made or
is to be performed, if it has an office and transacts business in that
county. The residence established by this subsection shall be in
addition to, and not in limitation of, any other residences that any
domestic or foreign corporation may have by reason of other laws.
(d) For the purpose of determining venue, each domestic corpo-
ration and each foreign corporation authorized to transact business in
this state shall be deemed to reside and may be sued for damages
because of torts, wrong, or injury done, in the county where the cause
of action originated, if the corporation has an office and transacts
business in that county. The residence established by this subsection
shall be in addition to, and not in limitation of, any other residences
that any domestic or foreign corporation may have by reason of other
laws.
(e) For the purpose of determining venue in a garnishment
proceeding, each domestic and foreign corporation authorized to
transact business in this state shall be deemed to reside in the county
in which is located the corporate office or place of business where the
employee who is the defendant in the main action is employed. The
residence established by this subsection shall be in addition to, and
not in limitation of, any other residences that any domestic or foreign
corporation may have by reason of other laws.
(f) No domestic corporation in existence on April 1,1969, and no
foreign corporation authorized to transact business in this state on
April 1, 1969, shall be considered as failing to maintain a registered
office until the time has expired for the filing of the first annual report
of such corporation pursuant to this chapter.
(g) Whenever this chapter either requires or permits an action or
proceeding against a corporation to be brought in the county where
the registered office of the corporation is maintained, if the action or
proceeding is against a corporation having a principal office as
required under the prior general corporation law, such action or
proceeding may be brought in the county where such principal office
is located.
GEORGIA LAWS 1984 SESSION
1321
Section 2. Article 2 of Chapter 4 of Title 18 of the Official Code
of Georgia Annotated, relating to property and persons subject to
garnishment, is amended by striking Code Section 18-4-23, relating to
the manner of service of a summons of garnishment on corporations,
in its entirety and inserting in lieu thereof a new Code Section 18-4-23
to read as follows:
18-4-23. Service of a summons of garnishment shall be made by
serving the agent in charge of the office or other place of business
where the defendant is employed. In the event that such service
cannot be made, then service of a summons of garnishment upon the
agent in charge of either the registered office or the principal place of
business of a corporation shall be sufficient.
Section 3. This Act shall apply to all garnishment proceedings
commenced on or after July 1,1984.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GUARDIAN AND WARD ALTERNATIVE
PROCEDURES FOR OBTAINING LETTERS OF
DISMISSION.
Code Section 29-2-84 Amended.
No. 1279 (House Bill No. 984).
AN ACT
To amend Code Section 29-2-84 of the Official Code of Georgia
Annotated, relating to procedures for obtaining letters of dismission,
so as to provide for alternative procedures for guardians of minor
wards; to repeal conflicting laws; and for other purposes.
1322
GENERAL ACTS AND RESOLUTIONS, VOL. I
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 29-2-84 of the Official Code of Georgia
Annotated, relating to procedures for obtaining letters of dismission,
is amended by designating the existing paragraph thereof as subsec-
tion (a) and inserting immediately thereafter a new subsection (b) to
read as follows:
(b) In all cases in which the estate does not exceed $2,500.00, a
guardian may be granted letters of dismission without compliance
with subsection (a) of this Code section if:
(1) That guardian was appointed for a minor ward who
would not otherwise require a guardian but for that minority;
(2) That ward has reached the age of majority;
(3) That guardian has filed verified application for letters of
dismission setting forth the guardians full discharge of the duties
of that trust; and
(4) That guardian has made a satisfactory final accounting
to the judge of the probate court.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GEORGIA LAWS 1984 SESSION
1323
INCOME TAXATION MANNER OF COMPUTING
NET INCOME OF CORPORATIONS CHANGED.
Code Title 48, Chapters 1 and 7 Amended.
No. 1280 (House Bill No. 1016).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, the
Georgia Public Revenue Code, so as to change the manner of
computing Georgia taxable net income of corporations for purposes of
income taxation; 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 para-
graph (14) of Code Section 48-1-2, relating to definitions, and insert-
ing in its place a new paragraph to read as follows:
(14) Internal Revenue Code or Internal Revenue Code of 1954
means the United States Internal Revenue Code of 1954 as it existed
on January 1,1981. In the event a reference is made in this title to the
Internal Revenue Code as it existed on a specific date prior to or later
than January 1,1981, the term means the Internal Revenue Code as it
existed on the prior or later date. Unless otherwise provided in this
title, any term used in this title shall have the same meaning as when
used in a comparable provision or context in the Internal Revenue
Code of 1954 in force and effect on January 1,1981.
Section 2. Said title is further amended by adding a new Code
Section 48-7-38 to read as follows:
48-7-38. For purposes of determining the Georgia taxable net
income of small business corporations and their shareholders, the
provisions of Subchapter S of Chapter 1 of Subtitle A of the Internal
Revenue Code of 1954, as such provisions existed on January 1,1983,
shall apply for all Georgia taxable years beginning on or after January
1,1983.
1324
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 April 4,1984.
LABOR AND INDUSTRIAL RELATIONS AMOUNT
OF MINIMUM WAGE CHANGED.
Code Section 34-4-3 Amended.
No. 1281 (House Bill No. 1207).
AN ACT
To amend Code Section 34-4-3 of the Official Code of Georgia
Annotated, relating to the amount of minimum wage to be paid by
employers, so as to change the amount of the minimum wage; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 34-4-3 of the Official Code of Georgia
Annotated, relating to the amount of minimum wage to be paid by
employers, is amended by striking subsection (a) in its entirety and
inserting in lieu thereof a new subsection (a) to read as follows:
(a) Except as otherwise provided in this Code section, every
employer, whether a person, firm, or corporation, shall pay to all
covered employees a minimum wage which shall be not less than $3.25
per hour for each hour worked in the employment of such employer.
GEORGIA LAWS 1984 SESSION
1325
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
COUNTY BOARDS OF HEALTH MEMBERSHIP,
TERMS, MANNER OF FILLING VACANCIES, ETC.
Code Title 31, Chapter 3 Amended.
No. 1282 (House Bill No. 1068).
AN ACT
To amend Chapter 3 of Title 31 of the Official Code of Georgia
Annotated, relating to county boards of health, so as to change the
membership, terms, and method of filling vacancies in county boards
of health; to authorize county boards of health to provide environ-
mental health services and to charge and collect environmental health
service fees under certain conditions; to provide that such fees may be
charged to premises for inspecting said premises; to provide for the
use of said fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia
Annotated, relating to county boards of health, is amended by
designating subsection (c) of Code Section 31-3-2, relating to compo-
sition of county boards of health, as subsection (e) and by striking
subsections (a) and (b) thereof and inserting in their place new
subsections (a), (b), (c), and (d), to read as follows:
(a) Each county board of health shall be composed of seven
members as follows:
1326
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) One member shall be the chief executive officer of the
governing authority of the county, by whatever name called, or
some member designated by said officer; in counties where the
governing authority is the judge of the probate court of the county,
he shall be the member so appointed;
(2) One member shall be the county superintendent of
schools;
(3) One member to be appointed by the governing authority
of the county, shall be a physician actively practicing medicine in
the county and licensed under Chapter 34 of Title 43, unless there
is no physician actively practicing in the county who is willing and
able to serve, in which case a person licensed as a nurse or dentist
under Chapter 26 or 11, respectively, of Title 43, and actively
practicing such profession in the county shall be appointed;
(4) One member to be appointed by the governing authority
of the county who shall be a consumer, a representative of a
consumer, or a person from an advocacy agency or group, which
member will represent on the board the countys consumers of
mental health, mental retardation, and substance abuse services;
(5) One member to be appointed by the governing authority
of the largest municipality in the county who shall be a person
interested in promoting public health who is a consumer or a nurse
licensed under Chapter 26 of Title 43;
(6) One member to be appointed by the governing authority
of the county who shall be a consumer member who will represent
on the board the countys needy, underprivileged, or elderly
community; and
(7) One member shall be the chief executive officer of the
governing authority of the largest municipality of the county, by
whatever name called, or some member designated by said officer.
(b) No member appointed to the county board of health shall be
an employee of the county board of health or of the department.
(c) The terms of the members of county boards of health serving
as such on June 30, 1985, and who are serving in membership
positions required to be filled by grand jury appointment, shall expire
GEORGIA LAWS 1984 SESSION
1327
at the end of June 30,1985, and upon the appointment and qualifica-
tion of their successors.
(d) The initial term of the member first appointed pursuant to
paragraph (3) of subsection (a) of this Code section shall begin July 1,
1985, and shall expire December 31, 1987; the initial term of the
member first appointed pursuant to paragraph (4) of subsection (a) of
this Code section shall begin July 1,1985, and shall expire December
31,1986; the initial term of the member first appointed pursuant to
paragraph (6) of subsection (a) of this Code section shall begin July 1,
1984, and expire December 31, 1985; and the initial term of the
member first appointed pursuant to paragraph (5) of subsection (a) of
this Code section shall begin July 1,1984, and shall expire December
31, 1986. After these initial terms, members appointed pursuant to
paragraphs (3), (4), (5), and (6) of subsection (a) of this Code section
shall take office the first day of January immediately following the
expiration of the immediately preceding term of that office and serve
terms of six years and until their successors are appointed and
qualified. Vacancies in any such membership shall be filled, for the
unexpired term and until a successor is appointed and qualified, in
the same manner as the original appointment.
(e) Persons holding office as members pursuant to paragraph
(1), (2), or (7) of subsection (a) of this Code section shall serve as
members while holding their offices as chief executive officer of the
governing authority of the county, county superintendent of schools,
or chief executive officer of the largest municipality of the county,
respectively.
Section 2. Said chapter is further amended by striking Code
Section 31-3-4, relating to powers of county boards of health, in its
entirety and substituting in lieu thereof a new Code Section 31-3-4 to
read as follows:
31-3-4. (a) The county board of health is empowered to:
(1) Establish and adopt bylaws for its own governance.
Meetings shall be held no less frequently than quarterly;
(2) Exercise responsibility and authority in all matters
within the county pertaining to health unless the responsibility for
enforcement of such is by law that of another agency;
1328
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Take such steps as may be necessary to prevent and
suppress disease and conditions deleterious to health and to
determine compliance with health laws and rules, regulations, and
standards adopted thereunder;
(4) Adopt and enforce rules and regulations appropriate to
its functions and powers, provided such rules and regulations are
not in conflict with the rules and regulations of the department.
Such rules and regulations must be reasonably adapted to the
purposes intended and must be within the purview of the powers
and duties imposed upon the county board of health by this
chapter;
(5) Receive and administer all grants, gifts, moneys, and
donations for purposes pertaining to health pursuant to this
chapter;
(6) Make contracts and establish fees for the provision of
mental health and other public health services provided by county
boards of health, including but not limited to environmental
health services, which fees may be charged to persons or to
establishments and premises within the county for inspection of
such establishments, premises, structures and appurtenances
thereto, or for other county board of health services. All such fees
may be used to defray costs of providing such local services and
shall supplement but not replace state or federal funding. No
person shall be denied services on the basis of his inability to pay.
The scope of services, operating details, contracts, and fees
approved by the county board of health shall also be approved by
the district director of health. No fees for environmental health
services may be charged unless the schedule of fees for such
services has been approved by the county governing authority;
and
(7) Contract with the Department of Human Resources or
other agencies for assistance in the performance of its functions
and the exercise of its powers and for supplying services which are
within its purview to perform, provided that such contracts and
amendments thereto shall have first been approved by the depart-
ment. In entering into any contracts to perform its functions and
to exercise its powers, and for supplying services which are within
its purview to perform, any county board of health or any health
district created under the authority of Code Section 31-3-15 shall
GEORGIA LAWS 1984 SESSION
1329
be considered an agency and such agency shall have the authority
to contract with any other county board of health; combination of
county boards of health; any other health district; public or
private hospitals; hospital authorities; medical schools; training
and educational institutions; departments and agencies of the
state; county or municipal governments; persons, partnerships,
corporations, and associations, public or private; the United
States government or the government of any other state; or any
other legal entity.
(b) The provisions of paragraph (6) of subsection (a) of this Code
section shall not apply to any consolidated city-county government.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
MOTOR VEHICLES AND TRAFFIC LICENSING
AND EQUIPMENT REQUIREMENTS APPLICABLE TO
CERTAIN VEHICLES USED FOR AGRICULTURAL
PURPOSES.
Code Title 40 Amended.
No. 1283 (House Bill No. 1209).
AN ACT
To amend Code Section 40-2-20 of the Official Code of Georgia
Annotated, relating to required registration and licensing of motor
vehicles, so as to provide an exemption from those requirements for
three-wheeled motorcycles used only for agricultural purposes; to
amend Code Section 40-5-23 of the Official Code of Georgia Anno-
tated, relating to classes of drivers licenses, so as to provide that
operators of three-wheeled motorcycles used only for agricultural
1330
GENERAL ACTS AND RESOLUTIONS, VOL. I
purposes shall be required to have a Class 2 drivers license; to amend
Code Section 40-6-315 of the Official Code of Georgia Annotated,
relating to required headgear and eye-protective devices for motorcy-
cle riders, so as to provide an exception for persons operating three-
wheeled motorcycles used only for agricultural purposes; to amend
Code Section 40-8-1 of the Official Code of Georgia Annotated,
relating to application of laws relating to equipment and inspection of
motor vehicles, so as to provide an exemption for three-wheeled
motorcycles used only for agricultural purposes; to amend Code
Section 40-8-4 of the Official Code of Georgia Annotated, relating to
required emblems for slow-moving vehicles, so as to require such
emblems for three-wheeled motorcycles used only for agricultural
purposes; to amend Code Section 40-8-33 of the Official Code of
Georgia Annotated, relating to required use of lights on farm tractors
equipped with lights, so as to require use of lights on three-wheeled
motorcycles used only for agricultural purposes which are equipped
with lights; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 40-2-20 of the Official Code of Georgia
Annotated, relating to required registration and licensing of motor
vehicles, is amended by striking subsection (b) and inserting in its
place a new subsection to read as follows:
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any
municipality or other political subdivision of this state and used
exclusively for governmental functions except to the extent pro-
vided by Code Section 40-2-34 or 40-2-35, whichever is applicable;
(2) To any tractor or three-wheeled motorcycle used only
for agricultural purposes;
(3) To any trailer which has no springs and which is being
employed in hauling unprocessed farm products to their first
market destination;
(4) To any trailer which has no springs, which is pulled from
a tongue, and which is used primarily to transport fertilizer to a
farm;
GEORGIA LAWS 1984 SESSION
1331
(5) To any motorized cart; or
(6) To any moped.
Section 1 A. Code Section 40-5-23 of the Official Code of Georgia
Annotated, relating to classes of drivers licenses, is amended by
striking subsection (c) in its entirety and inserting in lieu thereof a
new subsection (c) to read as follows:
(c) The classes of motor vehicles for which operators may be
licensed shall be as follows:
Class 1 All vehicles and combinations not included within
Classes 2,3,4, and 5;
Class 2 -r- Motorcycles, motor-driven cycles, and three-
wheeled motorcycles used only for agricultural purposes;
Class 3 Vehicles 80 inches or wider, designed to carry more
than ten passengers, and all vehicles included within Class 1;
Class 4 Trucks licensed and registered for a gross weight of
24,000 pounds or more, and all vehicles included within Classes 1
and 3;
Class 5 Truck-tractor-semitrailer combinations and any
vehicle-trailer combination in which the trailer exceeds 29 feet in
length, or exceeds 4,500 pounds gross weight, or exceeds eight feet
in width, and all vehicles included within Classes 1,3, and 4.
Any applicant for a Class 3, 4, or 5 license must possess a valid
Georgia drivers license for Class 1 vehicles.
Section 2. Code Section 40-6-315 of the Official Code of
Georgia Annotated, relating to required headgear and eye-protective
devices for motorcycle riders, is amended by striking subsection (c)
and inserting in its place a new subsection (c) to read as follows:
(c) This Code section shall not apply to persons riding within
an enclosed cab or motorized cart. This Code section shall not apply
to a person operating a three-wheeled motorcycle used only for
agricultural purposes.
1332
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Code Section 40-8-1 of the Official Code of Georgia
Annotated, relating to application of laws relating to equipment and
inspection of motor vehicles, is amended by striking subsection (a)
and inserting in its place a new subsection to read as follows:
(a) This article shall not apply to implements of husbandry,
road machinery, road rollers, farm tractors, or three-wheeled motor-
cycles used only for agricultural purposes, except when expressly
made applicable. This article shall not apply to motorized carts.
Section 4. Code Section 40-8-4 of the Official Code of Georgia
Annotated, relating to required emblems for slow-moving vehicles, is
amended by striking subsection (a) and inserting in its place a new
subsection to read as follows:
(a) It shall be unlawful for any person to operate upon the
public roads of this state any slow-moving vehicle or equipment, any
animal drawn vehicle, or any machinery designed for use and gener-
ally operated at speeds less than 25 miles per hour, including all road
construction or maintenance equipment and machinery except when
engaged in actual construction or maintenance procedures and all
other construction equipment and machinery, unless there is dis-
played on the rear thereof an emblem which shall comply with
subsection (b) of this Code section. It shall also be unlawful to operate
upon the public roads of this state without such an emblem any three-
wheeled motorcycle used only for agricultural purposes unless such
three-wheeled motorcycle is licensed as required by Chapter 2 of this
title and is in compliance with all other requirements of this chapter.
Section 5. Code Section 40-8-33 of the Official Code of Georgia
Annotated, relating to required use of lights on farm tractors equip-
ped with lights, is amended by striking the entire Code section and
inserting in its place the following new Code section:
40-8-33. Every farm tractor and every three-wheeled motorcy-
cle used only for agricultural purposes equipped with an electric
lighting system shall at all times mentioned in Code Section 40-8-20
display a red tail light and either multiple-beam or single-beam road
lighting equipment meeting the requirements of Code Sections 40-8-
23 and 40-8-30, respectively.
Section 6. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1984 SESSION
1333
Section 7. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
MOTOR VEHICLE ACCIDENT INSURANCE PROOF
OF FINANCIAL RESPONSIBILITY REQUIRED TO
BE FILED IN CERTAIN CASES.
Code Title 33, Chapter 34 Amended.
No. 1284 (House Bill No. 1220).
AN ACT
To amend Chapter 34 of Title 33 of the Official Code of Georgia
Annotated, known as the Georgia Motor Vehicle Accident Repara-
tions Act, so as to require a person convicted of certain violations to
file and maintain proof of financial responsibility for a period of three
years; to require the insurer of the vehicle of such person to send
notice of the cancellation of a policy of insurance provided as such
proof; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia
Annotated, known as the Georgia Motor Vehicle Accident Repara-
tions Act, is amended by adding after subparagraph (a)(2)(B) of
Code Section 33-34-10, relating to requirements of proof of insurance
for motor vehicles, a new subparagraph (C) to read as follows:
(C) Any person convicted of a violation under this subsection
shall additionally comply with the requirements of subsection (a) of
Code Section 33-34-10.1.
1334
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by adding after
paragraph (3) of subsection (c) of Code Section 33-34-10, relating to
requirements of proof of insurance for motor vehicles, a new para-
graph (4) to read as follows:
(4) Any person convicted of a violation under this subsection
shall additionally comply with the requirements of subsection (a) of
Code Section 33-34-10.1.
Section 3. Said chapter is further amended by inserting between
Code Sections 33-34-10 and 33-34-11 a new Code Section 33-34-10.1
to read as follows:
33-34-10.1. (a) Any person convicted of a violation of subsec-
tion (a) or subsection (c) of Code Section 33-34-10 shall be required to
file with the department and maintain for a period of three years from
the date of conviction proof of financial responsibility, as such term is
defined in paragraph (5) of Code Section 40-9-2.
(b) If the proof of financial responsibility filed in accordance
with subsection (a) of this Code section is based upon a policy issued
by an insurance company, such insurer may not cancel the policy until
the department is given at least 30 days prior written notice of such
cancellation.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GEORGIA LAWS 1984 SESSION
1335
PROPERTY EFFECT OF RECORDED LIFETIME
TRANSFER BY ALL JOINT TENANTS, ETC.
Code Title 44, Chapters 2 and 6 Amended.
No. 1285 (House Bill No. 1265).
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated,
relating to property, so as to provide that a recorded lifetime transfer
by all the joint tenants of a joint tenancy shall not result in a
severance of any tenants interest; to provide that purchasers from a
surviving joint tenant shall be protected against unrecorded liens or
conveyances executed or created by a deceased joint tenant; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 44 of the Official Code of Georgia Annotated,
relating to property, is amended by striking Code Section 44-2-4,
relating to protection against unrecorded conveyances or liens, in its
entirety and inserting in lieu thereof a new Code Section 44-2-4 to
read as follows:
44-2-4. (a) All innocent persons, firms, or corporations acting
in good faith and without actual notice which purchase real or
personal property for value or obtain contractual liens on the prop-
erty from distributees, devisees, legatees, or heirs at law holding or
apparently holding real or personal property by will or inheritance
from a deceased person shall be protected in the purchase of the
property or in acquiring such a lien thereon as against unrecorded
liens or conveyances created or executed by the deceased person upon
or to the property in like manner and to the same extent as if the
property had been purchased or the lien acquired from the deceased
person.
(b) All innocent persons, firms, or corporations which purchase
real or personal property for value or obtain contractual liens on the
property from a surviving joint tenant, or surviving joint tenants,
holding or apparently holding real or personal property as a surviving
1336
GENERAL ACTS AND RESOLUTIONS, VOL. I
joint tenant, or surviving joint tenants, shall be protected in the
purchase of the property or in acquiring such a lien thereon as against
unrecorded liens or conveyances created or executed by a deceased
joint tenant upon or to the property, and as against other unrecorded
instruments resulting in a severance of any joint tenants interest, in
like manner and to the same extent as if the property had been
purchased or the lien acquired from the deceased joint tenant and
surviving joint tenant, or surviving joint tenants.
Section 2. Said title is further amended by striking subsection
(a) of Code Section 44-6-190, relating to how a joint tenancy with
survivorship is created and severance of a joint tenancy, in its entirety
and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Deeds and other instruments of title, including any instru-
ment in which one person conveys to himself and one or more other
persons, any instrument in which two or more persons convey to
themselves or to themselves and another or others, and wills taking
effect after January 1,1977, may create a joint interest with surviv-
orship in two or more persons. Any instrument of title in favor of two
or more persons shall be construed to create interests in common
without survivorship between or among the owners unless the instru-
ment expressly refers to the takers as joint tenants, joint tenants
and not as tenants in common, or joint tenants with survivorship or
as taking jointly with survivorship. Any instrument using one of the
forms of expression referred to in the preceding sentence or language
essentially the same as one of these forms of expression shall create a
joint tenancy estate or interest that may be severed as to the interest
of any owner by the recording of an instrument which results in his
lifetime transfer of all or a part of his interest; provided, however,
that, if all persons owning joint tenant interests in a property join in
the same recorded lifetime transfer, no severance shall occur.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GEORGIA LAWS 1984 SESSION
1337
LOCAL GOVERNMENT ACTIONS PURSUANT TO
GRANTED POWERS DECLARED TO BE IN
EXERCISE OF STATE POLICY.
Code Title 36, Chapter 19 Enacted.
No. 1286 (House Bill No. 1317).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated,
relating to local government, so as to provide for a declaration by the
General Assembly of Georgia that in the exercise of the powers
granted to them, local governing authorities of cities and counties are
acting pursuant to state policy; to articulate clearly and express
affirmatively the policy of the State of Georgia that such local
governing authorities in the exercise of such powers shall be immune
from antitrust liability to the same degree and extent as enjoyed by
the State of Georgia; 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 36 of the Official Code of Georgia Annotated,
relating to local government, is amended by adding immediately
following Chapter 18, a new Chapter 19, to read as follows:
CHAPTER 19
36-19-1. It is declared by the General Assembly of Georgia that
in the exercise of powers specifically granted to them by law, local
governing authorities of cities and counties are acting pursuant to
state policy.
36-19-2. This chapter is intended to articulate clearly and
express affirmatively the policy of the State of Georgia that in the
exercise of such powers, such local governing authorities shall be
immune from antitrust liability to the same degree and extent as
enjoyed by the State of Georgia.
1338
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 4,1984.
GEORGIA PRIVATE DETECTIVE AND SECURITY
AGENCIES ACT AMENDED.
Code Title 43, Chapter 38 Amended.
No. 1287 (House Bill No. 1337).
AN ACT
To amend Chapter 38 of Title 43 of the Official Code of Georgia
Annotated, relating to operators of private detective businesses and
private security businesses, so as to change certain provisions relating
to bonds of licensees; to change certain provisions relating to net
worth affidavits; to change the provisions relating to disposition of
applicants fingerprints; to change the provisions relating to the
denial or revocation of licenses and discipline of licensees and persons
registered under such chapter; to provide for fines; to restrict the
authority of municipalities and counties to license persons required to
be licensed under this chapter; to change and clarify the provisions
relating to the penalty for a violation of Chapter 38 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. Chapter 38 of Title 43 of the Official Code of Georgia
Annotated, relating to operators of private detective businesses and
private security businesses, is amended by striking in its entirety
GEORGIA LAWS 1984 SESSION
1339
subsection (d) of Code Section 43-38-6, relating to licensing require-
ments under the Georgia Private Detective and Security Agencies
Act, and inserting in lieu thereof a new subsection (d) to read as
follows:
(d) (1) In addition to the requirements enumerated in this
Code section, each applicant for a license under this chapter shall
provide satisfactory evidence to the board that the prospective
licensee has posted or has made provision for the posting of a
bond. The required bond shall be executed in favor of the state, in
the amount of $25,000.00, with a surety company authorized to do
business in this state and conditioned to pay damages not to
exceed the amount of such bond to any person aggrieved by any
act of the principal named in such bond, which act is in violation of
this chapter and would be grounds for denial, suspension, or
revocation of a license under Code Section 43-38-11. Immediately
upon the granting of a license, such bond shall be filed with the
joint-secretary by the licensee and shall be approved by the joint-
secretary as to form and as to the solvency of the surety. The
prospective licensee may file the required bond with the joint-
secretary prior to the granting of a license for the joint-secretarys
approval as heretofore mentioned. No licensee shall cancel or
cause to be canceled a bond issued pursuant to this Code section
unless the board is so informed in writing by certified mail at least
30 days prior to the proposed cancellation. In lieu of the required
bond, the prospective licensee may submit a net worth affidavit,
prepared using standard accounting procedures, which affidavit
indicates that the prospective licensee has a net worth of more
than $50,000.00. The board, in its discretion, may accept a finan-
cial affidavit in lieu of the bond required by this subsection. The
board, in its discretion, may require licensees under this Code
section to submit periodic financial updates to ensure continued
financial responsibility. If the surety or licensee fails to submit,
within ten days of the effective date of cancellation, a new bond or
a net worth statement as outlined in this subsection, the board
shall have the authority to revoke any license issued under this
chapter.
(2) If the surety or licensee cancels the bond and the
licensee fails to submit either, within ten days of the effective date
of the cancellation, a new bond or a net worth statement showing
that the licensee has a net worth of $50,000.00, calculated accord-
ing to standard accounting procedures, the board may revoke his
license.
1340
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking in its
entirety subsection (a) of Code Section 43-38-9, relating to disposition
of applicants fingerprints, and inserting in lieu thereof a new subsec-
tion (a) to read as follows:
(a) The board shall forward the necessary fingerprints received
from each prospective licensee and registrant to the Georgia Crime
Information Center or the Georgia Bureau of Investigation for the
purpose of criminal identification through the fingerprint system of
identification established by such bureau and the fingerprint system
of investigation established by the Federal Bureau of Investigation.
Section 3. Said chapter is further amended by striking in its
entirety Code Section 43-38-11, relating to grounds for denial or
sanction of licenses and registrations, and inserting in lieu thereof a
new Code Section 43-38-11 to read as follows:
43-38-11. (a) The board shall have the authority to refuse to
grant a license or registration to an applicant therefor or to revoke the
license or registration of a person licensed or registered by the board
or to discipline a person licensed or registered by the board upon a
finding by a majority of the entire board that the licensee, registrant,
or applicant has:
(1) Failed to demonstrate the qualifications or standards for
a license or registration contained in this chapter or the rules or
regulations under which licensure is sought or held; 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 or registration and, if the board is not satisfied as to the
applicants qualifications, it may deny a license or registration
without a prior hearing; provided, however, that the applicant
shall be allowed to appear before the board if he so desires;
(2) Made any false statement or given any false information
in connection with an application for license or registration,
including an application for renewal or reinstatement thereof;
(3) Knowingly violated this chapter or violated any rule or
regulation promulgated by the board pursuant to the authority
contained in this chapter;
GEORGIA LAWS 1984 SESSION
1341
(4) Been convicted, in the courts of this state or of the
United States, or in the courts of any other state, territory, or
country, of a felony, or any crime involving the illegal use, carry-
ing, or possession of a dangerous weapon, or any crime involving
moral turpitude. 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. For
purposes of this subsection, a conviction shall be deemed to
include a finding or verdict of guilty or plea of guilty, regardless of
whether an appeal of the conviction has been sought;
(5) Been arrested, charged, and sentenced for the commis-
sion of a felony, any crime involving the illegal use, carrying, or
possession of a dangerous weapon, or any crime involving moral
turpitude, where:
(A) A plea of nolo contendere was entered to the
charge;
(B) First offender treatment was granted without adju-
dication of guilt pursuant to the charge; or
(C) An adjudication or sentence was otherwise with-
held or not entered on the charge.
The plea of nolo contendere or the order entered pursuant to
Article 3 of Chapter 8 of Title 42 or other first offender
treatment shall be conclusive evidence of arrest and sen-
tencing for such crime;
(6) Become unable to engage in the private detective or
private security business with reasonable skill and safety to the
public by reason of illness; use of alcohol, drugs, narcotics, chemi-
cals, or any other type of material; or any other mental or physical
condition. The board may, however, after investigation of the
circumstances surrounding each application, approve for licensure
and registration those individuals who produce certified medical
evidence of having been successfully treated and cured of alcohol-
ism, drug addiction, or mental illness;
(7) Committed any act in the practice of the private detec-
tive or private security business constituting dishonesty or fraud;
1342
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Impersonated, or permitted or aided and abetted any
other person to impersonate, a law enforcement officer or
employee of the United States or of this state or of any political
subdivision thereof in the practice of the private detective or
private security business;
(9) Engaged in, or permitted any employee to engage in, the
private detective or private security business without a valid
license or registration issued under this chapter;
(10) Willfully failed or refused to render a service or to tender
a report to a client in connection with the private detective or
private security business as agreed between the parties and for
which compensation was paid or tendered in accordance with the
agreement of the parties;
(11) Committed a felony, any crime involving the illegal use,
carrying, or possession of a dangerous weapon, or any crime
involving moral turpitude;
(12) Knowingly violated, or advised, encouraged, or assisted
in the violation of, any court order or injunction in the course of
the private detective or private security business or knowingly
advised, encouraged, or assisted in the violation of any lawful
order issued by the board;
(13) Failed to renew a canceled bond in accordance with
Code Section 43-38-6 or failed to supply the financial affidavit
required in lieu thereof;
(14) Undertaken to give legal advice or counsel; misrepre-
sented that he is representing an attorney or is appearing or will
appear in any legal proceeding; issued, delivered, or uttered any
simulation of process of any nature which might lead a person to
believe that such simulation, whether written, printed, or typed,
may be a summons, warrant, writ, or other court process or
pleading in any court proceeding; or
(15) Failed to demonstrate the qualifications or standards for
licensure or registration contained in this chapter or in the rules
and regulations of the board. It shall be incumbent upon the
applicant to demonstrate to the satisfaction of the board that he
meets all the requirements for licensure or registration; and, if the
GEORGIA LAWS 1984 SESSION
1343
board is not satisfied as to the applicants qualifications, it shall
have the power to deny such licensure or registration.
(b) (1) If the board finds that any applicant for licensure or
any prospective registrant is unqualified to be granted such
license or to be registered, the board may:
(A) Deny the application for licensure or registration;
or
(B) Limit or restrict any license or registration for a
definite period of time.
(2) If, after notice and hearing, the board finds that the
license or registration of any holder thereof should be revoked or
otherwise sanctioned, the board may take any one or more of the
following actions:
(A) Administer a public reprimand;
(B) Suspend any license or registration for a definite
period of time;
(C) Limit or restrict any license or registration for a
definite period of time;
(D) Revoke or suspend a license or registration;
(E) Fine any licensee or registrant in an amount not to
exceed $500.00; or
(F) Place a license or registration on probation for a
definite period of time and impose such conditions of proba-
tion as will adequately protect the public during that period.
In its discretion, the board may restore or reinstate a license or
registration which has been sanctioned and, in conjunction
therewith, may impose any disciplinary or corrective action
provided for in this chapter.
(c) Initial judicial review of a final decision of the board shall be
had solely in the Superior Court of Fulton County.
1344
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 4. Said chapter is further amended by adding between
Code Sections 43-38-14 and 43-38-15 a new Code Section 43-38-14.1
to read as follows:
43-38-14.1. (a) No municipality, county, or other political
subdivision of this state shall grant a business license to any person
required to be licensed under this chapter until such person has made
bona fide application to the board to be licensed under this chapter
and the board has taken action under the application other than
refusal, cancellation, revocation, or failure to renew the applicants
license.
(b) As used in this Code section, the term person shall mean
any individual, firm, association, partnership, or corporation.
Section 5. Said chapter is further amended by striking Code
Section 43-38-16 in its entirety and inserting in lieu thereof a new
Code Section 43-38-16 to read as follows:
43-38-16. Any person who engages in the private detective
business or private security business or offers, pretends, or holds
himself out as eligible to engage in the private detective business or
private security business and who is not legally licensed or registered
under this chapter shall be guilty of a misdemeanor. Each day or
fraction of a day that he practices in violation of this chapter shall
constitute a separate offense.
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 4,1984.
GEORGIA LAWS 1984 SESSION
1345
INSURANCE PREMIUM FINANCE COMPANIES
NOTICES OF CANCELLATION, ETC.
Code Title 33, Chapters 22 and 24 Amended.
No. 1288 (House Bill No. 1358).
AN ACT
To amend Chapter 22 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance premium finance companies, and
Chapter 24 of Title 33 of the Official Code of Georgia Annotated,
relating to insurance generally, so as to provide for notices of cancella-
tion; to provide for the content of such notices; to provide for the
disposition and return of unearned premiums upon cancellation of an
insurance policy or contract; to provide for penalties for the failure to
return unearned premiums; to provide for notices of nonrenewal; to
require insurers to provide reasons for nonrenewal; to provide for
matters relative to the foregoing; to provide for editorial revision; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 22 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance premium finance companies, is
amended by striking Code Section 33-22-12, relating to notification to
an insurer of the existence of a premium finance agreement, in its
entirety and inserting in lieu thereof a new Code Section 33-22-12 to
read as follows:
33-22-12. Any premium finance company which enters into a
premium finance agreement under this chapter shall notify the
insurer whose premiums are being financed of the existence of the
agreement. A draft of the premium finance company made payable
directly to the order of the insurer of the premium due such insurer
for a policy or policies financed by such premium finance company
shall constitute suficient notice under this Code section. The insurer
shall not be required to comply with Code Sections 33-22-13 and 33-
22-14 until notification of the existence of the insurance premium
finance agreement has Ibeen furnished to the insurer in accordance
with this Code section.
1346
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking subsec-
tion (c) of Code Section 33-22-13, relating to the procedure for
cancellation of an insurance contract upon default, in its entirety and
inserting in lieu thereof a new subsection (c) to read as follows:
(c) After expiration of such ten-day period, the premium
finance company may thereafter in the name of the insured cancel
such insurance contract or contracts by mailing to the insurer a notice
of cancellation; and the insurance contract shall be canceled as if the
notice of cancellation had been submitted by the insured himself, but
without requiring the return of the insurance contract or contracts.
The premium finance company, when mailing notice to the insurance
company to cancel the policy, shall simultaneously mail notice to the
insured notifying him of the action taken. Such notice to the insured
shall contain the date and time the policy is to be canceled, which date
shall not be prior to the date of mailing of such notice, and shall
inform the insured that any payment received after the mailing of
notice to the insurance company to cancel the policy will not reinstate
the policy. The notice may contain information to the effect that the
premium finance company will make a request to the insurance
company to reinstate the policy. Language sufficiently clear and
specific so that a person of average intelligence can understand the
action being taken by the premium finance company shall be used.
The notice to the insured required by this Code section shall be
mailed to the last address of record of the insured and shall be
dispatched by at least first-class mail and receiving the receipt
provided by the United States Postal Service or such other evidence
of mailing as prescribed or accepted by the United States Postal
Service.
Section 3. Said chapter is further amended by striking Code
Section 33-22-14, relating to the disposition of unearned premiums
upon cancellation of the financed insurance contract, in its entirety
and inserting in lieu thereof a new Code Section 33-22-14 to read as
follows:
33-22-14. (a) Whenever an insurance policy is canceled and
the premiums have been paid by an insurance premium finance
company on behalf of the insured, if the insurer has been notified of
the existence of the insurance premium finance agreement as
required in Code Section 33-22-12, the insurer shall return whatever
unearned premiums are due to the insurance premium finance com-
pany for the account of the insured. Whenever an insurer, after
GEORGIA LAWS 1984 SESSION
1347
receiving notification of the existence of the insurance premium
finance agreement, returns any unearned premium to anyone other
than the insurance premium finance company named in the agree-
ment, the insurer shall be directly responsible to such insurance
premium finance company for any and all unearned premiums due as
a result of the cancellation. The insurer shall furnish to the agent,
agency, or broker placing the insurance a report setting forth an
itemization of the unearned premiums under the policy.
(b) (1) In the event that the crediting of return premiums to
the account of the insured results in a surplus over the amount due
from the insured, the premium finance company shall refund the
excess within ten working days of receipt of the return premium or
tender of return premium to the insured via the agent, agency, or
broker placing the insurance and shall furnish such agent, agency,
or broker, upon a written request, a report setting forth an
itemization of the unearned finance charge and other charges
under the premium finance agreement; provided, however, there
shall be no refund required when the excess due the insured is less
than $2.00.
(2) Any insurance premium finance company failing to
tender refunds or to furnish any report requested by the agent,
agency, or broker as required in paragraph (1) of this subsection
shall pay to the insured via the agent, agency, or broker a penalty
equal to 25 percent of the amount of the refund and interest equal
to 18 percent per annum until such time as the refund is made;
provided, however, the maximum amount of such penalty and
interest shall not exceed 50 percent of the amount of the refund
due.
(3) Upon receipt of the refund from the insurance premium
finance company, the agent, agency, or broker shall return any
unearned premiums to the insured either in person or by deposit-
ing such refund in the mail within ten working days of receipt of
the refund.
(4) Any agent, agency, or broker failing to tender any
unearned premium as prescribed in paragraph (3) of this subsec-
tion shall be subject to the penalties prescribed in paragraph (3) of
subsection (c) of Code Section 33-24-44.
1348
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Failure to refund any surplus or return any unearned pre-
mium or to furnish any reports requested by the agent, agency, or
broker under subsection (b) of this Code section shall not invalidate a
notice of cancellation given in accordance with this chapter.
Section 4. Chapter 24 of Title 33 of the Official Code of Georgia
Annotated, relating to insurance generally, is amended by striking
Code Section 33-24-44, relating to the cancellation of policies gener-
ally, in its entirety and inserting in lieu thereof a new Code Section
33-24-44 to read as follows:
33-24-44. (a) Except as otherwise provided in this chapter,
cancellation of a policy which by its terms and conditions may be
canceled by the insurer or its agent duly authorized by the insurer to
effect such cancellation shall be accomplished as prescribed in this
Code section.
(b) Written notice stating the time when the cancellation will be
effective, which shall not be less than 30 days from the date of mailing
or delivery in person of such notice of cancellation or such other
specific longer period as may be provided in the contract or by
statute, shall be delivered in person or by depositing the notice in the
United States mails to be dispatched by at least first-class mail to the
last address of record of the insured and of any lienholder, where
applicable, and receiving the receipt provided by the the United
States Postal Service or such other evidence of mailing as prescribed
or accepted by the United States Postal Service.
(c) (1) Any unearned premium which has been paid by the
insured shall be refunded to the insured on a pro rata basis as
provided in this Code section. If the return does not accompany
notice of cancellation, then such return shall be made on or before
the cancellation date either directly to the named insured or to the
insureds agent of record. In the event the insurer elects to return
such unearned premium to the insured via the insureds agent of
record, such agent shall return the unearned premium to the
insured either in person or by depositing such return in the mail
within ten working days of receipt of the unearned premium, or
within ten working days of notification from the insurer of the
amount of return of unearned premium due, or on the effective
date of cancellation, whichever is later. If the insured has an open
account with the agent, such return of unearned premium may be
applied to any outstanding balance and any remaining unearned
GEORGIA LAWS 1984 SESSION
1349
premium shall be returned to the insured either in person or by
depositing such return in the mail within ten working days of
receipt of the unearned premium, or within ten working days of
notification from the insurer of the amount of return of unearned
premium due, or on the effective date of cancellation, whichever is
later.
(2) Paragraph (1) of this subsection shall not apply if an
audit or rate investigation is required or if the premiums are
financed by a premium finance company. If an audit or rate
investigation is required, then the refund of unearned premium
shall be made within 30 days after the conclusion of the audit or
rate investigation. If the premiums are financed by a premium
finance company, any unearned premiums shall be tendered to
the premium finance company within ten working days after
cancellation.
(3) Any insurer or agent failing to return any unearned
premium as prescribed in paragraphs (1) and (2) of this subsection
shall pay to the insured a penalty equal to 25 percent of the
amount of the return of the unearned premium and interest equal
to 18 percent per annum until such time that proper return has
been made, which penalty and interest must be paid at the time
the return is made; provided, however, the maximum amount of
such penalty and interest shall not exceed 50 percent of the
amount of the refund due. Failure to return any unearned
premium shall not invalidate a notice of cancellation given in
accordance with subsection (b) of this Code section.
(d) When a policy is canceled for failure of the named insured to
discharge when due any of his obligations in connection with the
payment of premiums for a policy or any installment of premiums
due, whether payable directly to the insurer or indirectly to the agent,
or when a policy that has been in effect for less than 60 days is
canceled for any reason, the notice requirements of this Code section
may be satisfied by delivering or mailing written notice to the named
insured and any lienholder, where applicable, at least ten days prior
to the effective date of cancellation in lieu of the number of days
notice otherwise required by this Code section.
(e) Notice to the insured shall not be required by this Code
section when a policy is canceled by an insurance premium finance
company under a power of attorney contained in an insurance pre-
1350
GENERAL ACTS AND RESOLUTIONS, VOL. I
mium finance agreement which has been filed with the insurer in
accordance with the provisions of Chapter 22 of this title. However,
the insurer shall comply with the provisions of subsection (d) of Code
Section 33-22-13 pertaining to notice to a governmental agency,
mortgagee, or other third party. Such notice shall be delivered in
person or by depositing the notice in the United States mails to be
dispatched by at least first-class mail to the last address of record of
such governmental agency, mortgagee, or other third party and
receiving the receipt provided by the United States Postal Service or
such other evidence of mailing as prescribed or accepted by the
United States Postal Service.
Section 5. Said chapter is further amended by striking Code
Section 33-24-45, relating to cancellation or nonrenewal of automo-
bile policies generally, in its entirety and inserting in lieu thereof a
new Code Section 33-24-45 to read as follows:
33-24-45. (a) This Code section shall apply only to those
portions of an automobile policy or a motorcycle policy which relate
to bodily injury and property damage liability, personal injury protec-
tion, medical payments, physical damage, and uninsured motorists
coverage.
(b) As used in this Code section, the term:
(1) Renewal means issuance and delivery by an insurer of a
policy superseding at the end of the policy period a policy previ-
ously issued and delivered by the same insurer and providing no
less than the coverage contained in the superseded policy or
issuance and delivery of a certificate or notice extending the term
of a policy beyond its policy period or term or the extension of the
term of a policy beyond its policy period or term pursuant to a
provision for extending the policy by payment of a continuation
premium; provided, however, that any policy with a policy period
or term of less than six months shall, for the purpose of this Code
section, be considered to have successive policy periods ending
each six months following its original date of issue and, regardless
of its wording, any interim termination by its terms or by refusal
to accept premium shall be a cancellation subject to this Code
section, except in case of termination under any of the circum-
stances specified in subsection (f) of this Code section; provided,
further, that, for purposes of this Code section, any policy written
for a term longer than one year or any policy with no fixed
GEORGIA LAWS 1984 SESSION
1351
expiration date shall be considered as if written for successive
policy periods or terms of one year and any termination by an
insurer effective on an anniversary date of the policy shall be
deemed a refusal to renew.
(2) Policy means a policy insuring a natural person as
named insured or one or more related individuals resident of the
same household and which provides bodily injury coverage and
property damage liability coverage, personal injury protection,
physical damage coverage, medical payments coverage, or unin-
sured motorists protection coverage or any combination of cover-
ages and under which the insured vehicles designated in the policy
are of the following types only:
(A) Any motor vehicle of the private passenger, station
wagon, or jeep type or a motorcycle that is not used as a public
or livery conveyance for passengers nor rented to others; or
(B) Any other four-wheel motor vehicle with a load
capacity of 1,500 pounds or less which is not used in the
occupation or professional business of the insured; provided,
however, that this Code section shall not apply to policies of
automobile liability insurance issued under the Georgia Auto-
mobile Insurance Plan nor. to any policy insuring an automo-
bile which is one of more than four insured under a single
policy nor to any policy covering garage, automobile sales
agency, repair shop, service station, or public parking place
operation hazards.
(c) No notice of cancellation of a policy issued for delivery in this
state shall be mailed or delivered by an insurer or its agent duly
authorized to effect such cancellation, except for one or more of the
following reasons:
(1) The named insured failed to discharge when due any of
his obligations in connection with the payment of premiums on
such policy or any installment of premiums or the renewal of
premiums, whether payable directly to the insurer or indirectly to
the agent;
(2) The issuance was obtained through a material misrepre-
sentation;
1352
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) Any insured violated any of the terms and conditions of
the policy;
(4) The named insured failed to disclose fully, if called for in
the application, his record for the preceding 36 months of motor
vehicle accidents and moving traffic violations;
(5) The named insured failed to disclose in his written
application or in response to inquiry by his broker or by the
insurer or its agent information necessary for the acceptance or
proper rating of the risk;
(6) The named insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of such a
claim;
(7) The named insured or any other operator either resident
in the same household or who customarily operates an automobile
insured under such policy:
(A) Has, within the 36 months prior to the notice of
cancellation, had his drivers license under suspension or
revocation;
(B) Is or becomes subject to epilepsy or heart attacks
and the individual does not produce a certificate from a
physician testifying to his unqualified ability to operate a
motor vehicle;
(C) Has an accident record; a conviction record, crimi-
nal or traffic; or a physical, mental, or other condition which is
such that his operation of an automobile might endanger the
public safety;
(D) Has within a three-year period prior to the notice of
cancellation been addicted to the use of narcotics or other
drugs;
(E) Has been convicted or forfeited bail during the 36
months immediately preceding the notice of cancellation for:
(i) Any felony;
GEORGIA LAWS 1984 SESSION
1353
(ii) Criminal negligence resulting in death, homi-
cide, or assault arising out of the operation of a motor
vehicle;
(iii) Operating a motor vehicle while in an intoxi-
cated condition or while under the influence of drugs;
(iv) Being intoxicated while in or about an automo-
bile or while having custody of an automobile;
(v) Leaving the scene of an accident without stop-
ping to report;
(vi) Theft or unlawful taking of a motor vehicle; or
(vii) Making false statements in an application for a
drivers license; or
(F) Has been convicted of or forfeited bail for three or
more violations, within the 36 months immediately preceding
the notice of cancellation, of any law, ordinance, or regulation
limiting the speed of motor vehicles or any of the provisions of
the motor vehicle laws of any state, violation of which consti-
tutes a misdemeanor, whether or not the violations were
repetitions of the same offense or different offenses;
(8) The insured automobile:
(A) Is so mechanically defective that its operation
might endanger public safety;
(B) Is used in carrying passengers for hire or compensa-
tion; provided, however, that the use of an automobile for a
car pool shall not be considered use of an automobile for hire
or compensation;
(C) Is used in the transportation of flammables or
explosives;
(D) Is an authorized emergency vehicle; or
(E) Has changed in shape or condition during the
policy period so as to increase substantially the risk.
1354
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) No notice of cancellation of a policy to which this Code
section applies shall be effective unless mailed or delivered as pre-
scribed in Code Section 33-24-44. The insurer shall provide the
reason or reasons for such cancellation as required by Chapter 39 of
this title.
(e) (1) No insurer shall refuse to renew a policy to which this
Code section applies unless a written notice of nonrenewal is
mailed or delivered in person to the named insured. Such notice
stating the time when nonrenewal will be effective, which shall not
be less than 30 days from the date of mailing or delivery of such
notice of nonrenewal or such longer period as may be provided in
the contract or by statute, shall be delivered in person or by
depositing the notice in the United States mails to be dispatched
by at least first-class mail to the last address of record of the
insured and of the lienholder, where applicable, and receiving the
receipt provided by the United States Postal Service or such other
evidence of mailing as prescribed or accepted by the United States
Postal Service.
(2) The insurer shall provide the reason or reasons for such
nonrenewal as required by Chapter 39 of this title.
(f) Subsection (e) of this Code section shall not apply in case of:
(1) Nonpayment of premium for the expiring policy;
(2) Failure of the insured to pay the premium as required by
the insurer for renewal; or
(3) The insurer having manifested its willingness to renew
by delivering a renewal policy, renewal certificate, or other evi-
dence of renewal to the named insured or his representative or by
offering to issue a renewal policy, certificate, or other evidence of
renewal or having manifested such intention by any other means.
(g) Notwithstanding the failure of an insurer to comply with this
Code section, termination of any coverage under the policy either by
cancellation or nonrenewal shall be effective on the effective date of
any other policy providing similar coverage on the same motor vehicle
or any replacement of coverage.
GEORGIA LAWS 1984 SESSION
1355
(h) Renewal or continuation of a policy shall not constitute a
waiver or estoppel with respect to ground for cancellation which
existed before the effective date of the renewal or continuance.
(i) When a policy is canceled other than for nonpayment of
premium or in the event of a refusal to renew or continue a policy, the
insurer shall notify the named insured of his possible eligibility for
insurance through the Georgia Automobile Insurance Plan. Such
notice shall accompany or be included in the notice of cancellation or
the notice of intent not to renew or not to continue the policy and
shall state that such notice of availability of the Georgia Automobile
Insurance Plan is given pursuant to this Code section.
(j) There shall be no liability on the part of and no cause of
action of any nature shall arise against the Commissioner or his
employees or against any insurer, its authorized representatives, its
agents, its employees, or any firm, person, or corporation furnishing
to the insurer information as to reasons for cancellation or nonre-
newal for any statement made by any of them in any written notice of
cancellation or nonrenewal or in any other communication, oral or
written, specifying the reasons for cancellation or nonrenewal or
providing information pertaining to the reasons for cancellation or
nonrenewal or for statements made or evidence submitted at any
formal or informal hearing conducted in connection with the reasons
for cancellation or nonrenewal of the insureds policy.
(k) This Code section shall not apply to any policy which has
been in effect less than 60 days at the time notice of cancellation is
mailed or delivered by the insurer unless it is a renewal of a policy.
Such policies shall be canceled in accordance with Code Section 33-
24-44.
(l) Return of unearned premium, if any, due to cancellations as
to which this Code section applies shall be processed in accordance
with Code Section 33-24-44.
(m) Notice to the insured shall not be required by this Code
section when a policy is canceled by an insurance premium finance
company under a power of attorney contained in an insurance pre-
mium finance agreement if notification of the existence of the pre-
mium finance agreement has been given to the insurer in accordance
with the provisions of Chapter 22 of this title. However, the insurer
shall comply with the provisions of subsection (d) of Code Section 33-
1356
GENERAL ACTS AND RESOLUTIONS, VOL. I
22-13 pertaining to notice to a governmental agency, mortgagee, or
other third party. Such notice shall be delivered in person or by
depositing the notice in the United States mails to be dispatched by
at least first-class mail to the last address of record of such govern-
mental agency, mortgagee, or other third party and receiving the
receipt provided by the United States Postal Service or such other
evidence of mailing as prescribed or accepted by the United States
Postal Service.
Section 6. Said chapter is further amended by striking Code
Section 33-24-46, relating to cancellation or nonrenewal of homeown-
ers policies generally, in its entirety and inserting in lieu thereof a
new Code Section 33-24-46 to read as follows:
33-24-46. (a) This Code section shall apply only to policies of
insurance against direct loss to residential real property and the
contents thereof, as defined and limited in standard fire policies
insuring natural persons as the named insured.
(b) As used in this Code section, the term:
(1) Renewal means issuance and delivery by an insurer of a
policy superseding at the end of the policy period a policy previ-
ously issued and delivered by the same insurer and providing no
less than the coverage contained in the superseded policy or
issuance and delivery of a certificate or notice extending the term
of a policy beyond its policy period or term or the extension of the
term of a policy beyond its policy period or term pursuant to a
provision for extending the policy by payment of a continuation
premium. Any policy with a policy period or term of less than six
months shall, for the purposes of this Code section, be considered
to have successive policy periods ending each six months following
its original date of issue and, regardless of its wording, any interim
termination by its terms or by refusal to accept premiums shall be
a cancellation subject to this Code section. Any policy written for a
term longer than one year or any policy with no fixed expiration
date shall be considered as if written for successive policy periods
or terms of one year and any termination by an insurer effective on
an anniversary date of such policy shall be deemed a refusal to
renew.
(2) Policies means a policy insuring a natural person as
named insured against direct loss to residential real property and
GEORGIA LAWS 1984 SESSION
1357
the contents thereof, as defined and limited in standard fire
policies as approved by the Commissioner.
(3) Nonrenewal or nonrenewed means a refusal by an
insurer to renew.
(c) No notice of cancellation of a policy as to which this Code
section applies shall be effective unless mailed or delivered as pre-
scribed in Code Section 33-24-44. The insurer shall provide the
reason or reasons for such cancellation as required by Chapter 39 of
this title.
(d) No insurer shall refuse to renew a policy to which this Code
section applies unless a written notice of nonrenewal is mailed or
delivered in person to the named insured. Such notice stating the
time when nonrenewal will be effective, which shall not be less than
30 days from the date of mailing or delivery of such notice of
nonrenewal or such longer period as may be provided in the contract
or by statute, shall be delivered in person or by depositing the notice
in the United States mails to be dispatched by at least first-class mail
to the last address of record of the insured and of the lienholder,
where applicable, and receiving the receipt provided by the United
States Postal Service or such other evidence of mailing as prescribed
or accepted by the United States Postal Service. The insurer shall
provide the reason or reasons for nonrenewal as required by Chapter
39 of this title.
(e) When a policy is canceled other than for nonpayment of
premium or in the event of a refusal to renew or continue a policy, the
insurer shall notify the named insured of his possible eligibility for
insurance through the Georgia Fair Access to Insurance Require-
ments Plan. The notice shall accompany or be included in the notice
of cancellation or the notice of intent not to renew or not to continue
the policy and shall state that such notice availability of the Georgia
Fair Access to Insurance Requirements Plan is given pursuant to this
Code section. Included in the notice shall be the address by which the
Georgia Fair Access to Insurance Requirements Plan might be con-
tacted in order to determine eligibility.
(f) There shall be no liability on the part of and no cause of
action of any nature shall arise against the Commissioner or his
employees or against any insurer, its authorized representatives, its
agents, its employees, or any firm, person, or corporation furnishing
1358
GENERAL ACTS AND RESOLUTIONS, VOL. I
to the insurer information as to reasons for cancellation or nonre-
newal for any statement made by any of them and in written notice of
cancellation or nonrenewal or in any other communication, oral or
written, specifying the reasons for cancellation or nonrenewal or
providing information pertaining thereto or for statements made or
evidence submitted at any formal or informal hearing conducted in
connection therewith.
(g) Return of unearned premium, if any, due to cancellations as
to which this Code section applies shall be processed in accordance
with Code Section 33-24-44.
(h) Notice to the insured shall not be required by this Code
section when a policy is canceled by an insurance premium finance
company under a power of attorney contained in an insurance pre-
mium finance agreement if notification of the existence of the pre-
mium finance agreement has been given to the insurer in accordance
with the provisions of Chapter 22 of this title. However, the insurer
shall comply with the provisions of subsection (d) of Code Section 33-
22-13 pertaining to notice to a governmental agency, mortgagee, or
other third party. Such notice shall be delivered in person or by
depositing the notice in the United States mails to be dispatched by
at least first-class mail to the last address of record of such govern-
mental agency, mortgagee, or other third party and receiving the
receipt provided by the United States Postal Service or such other
evidence of mailing as prescribed or accepted by the United States
Postal Service.
Section 7. Said chapter is further amended by striking Code
Section 33-24-47, which reads as follows:
33-24-47. No policy of insurance in which the interests of any
lienholders named in the policy are protected by a loss payable clause
may be canceled or nonrenewed by an insurer so as to destroy the
protection afforded by the policy for the interests possessed by the
lienholders unless notice of the cancellation or nonrenewal or a copy
thereof is sent to the lienholders in the manner provided for in Code
Sections 33-24-44 and 33-24-45.,
in its entirety.
GEORGIA LAWS 1984 SESSION
1359
Section 8. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
PUBLIC OFFICERS AND EMPLOYEES
ASSISTANT ATTORNEYS GENERAL -a CERTAIN
REPRESENTATIONS OF CRIMINAL DEFENDANTS
PERMITTED.
Code Section 45-15-30 Amended.
No. 1289 (House Bill No. 1494).
AN ACT
To amend Code Section 45-15-30 of the Official Code of Georgia
Annotated, relating to assistant attorneys general, so as to provide
that certain representations of criminal defendants by assistant
attorneys general shall not constitute conflicts of interest under
certain conditions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 45-15-30 of the Official Code of
Georgia Annotated, relating to assistant attorneys general, is
amended by striking that Code section in its entirety and inserting in
its place a new Code section to read as follows:
45-15-30. There is created a Department of Law with the
Attorney General at the head thereof and with such numbers of
deputy attorneys general, assistant attorneys general, special assis-
tant attorneys general, other attorneys, paraprofessional personnel,
and other employees or independent contractors as the Attorney
General shall deem necessary to carry out the functions of the
Attorney General and the Department of Law. The Attorney General
1360
GENERAL ACTS AND RESOLUTIONS, VOL. I
is authorized to determine the title and to change the title of any
attorney or other employee of the Department of Law or any attorney
at law under independent contract to the Department of Law in order
to define the duties and responsibilities of any attorney or other
employee of the said department and to establish salaries and effect
promotions of any such attorney or other employee of the said
department, except that those positions in the department which are
within the classified service of the state merit system on April 18,
1975, shall be covered by the state merit system according to proce-
dures prescribed by the State Personnel Board. Neither the Attorney
General nor any other attorney at law employed full time by the
Department of Law shall engage in the private practice of law during
his term of appointment. Attorneys at law under independent con-
tract to the Department of Law may engage in the private practice of
law even though they may have been appointed or designated either
specially or generally as assistant attorneys general or attorneys.
Notwithstanding that any attorney at law under independent con-
tract to the Department of Law has been appointed or designated
either specially or generally as an assistant attorney general and thus
is identified with the State of Georgia as its representative for cases
arising within the scope of that appointment or designation, represen-
tation of a defendant in criminal proceedings by that assistant
attorney general shall not constitute a conflict of interest if that
assistant attorney general provides written disclosure of such
appointment or designation to the defendant prior to accepting
employment by that defendant or, when a court has appointed an
assistant attorney general to represent an indigent criminal defend-
ant, disclosures to the defendant and to the court, to be reflected in
the record of that court, such appointment or designation as assistant
attorney general.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GEORGIA LAWS 1984 SESSION
1361
PENAL INSTITUTIONS CONFIDENTIALITY
OF CERTAIN RECORDS.
Code Section 42-5-36 Amended.
No. 1290 (House Bill No. 1506).
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 the classified nature of department investigation
reports, so as to provide that certain inmate files shall be classified as
confidential state secrets and shall be privileged under law; to provide
for exceptions; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 42-5-36 of the Official Code of Georgia
Annotated, relating to confidentiality of information supplied by
inmates and the classified nature of department investigation
reports, is amended by adding at the end thereof a new subsection (c)
to read as follows:
(c) All institutional inmate files and central office inmate files
of the Department of Offender Rehabilitation shall be classified as
confidential state secrets and privileged under law, unless declassified
in writing by the commissioner; provided, however, these records
shall be subject to subpoena by a court of competent jurisdiction of
this state.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
1362
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOCAL GOVERNMENT il ISSUANCE OF GENERAL
OBLIGATION REFUNDING BONDS
PROCEDURES, ETC.
Code Title 36, Chapter 82 Amended.
No. 1291 (Senate Bill No. 427).
AN ACT
To amend Chapter 82 of Title 36 of the Official Code of Georgia
Annotated, relating to bonds, so as to provide that the governing
authority of any county, municipality, or political subdivision of the
State of Georgia may provide for the refunding of all or any part of its
outstanding bonded indebtedness by the issuance of general obliga-
tion refunding bonds pursuant to a resolution or ordinance adopted
by the governing authority without the necessity of conducting a
referendum; to provide for and regulate the adoption of proceedings
for the issuance of general obligation refunding bonds and the terms
and provisions of such refunding bonds; to provide that the refunding
bonds shall be exempt from taxation; to provide that any such
refunding bonds when issued shall be deemed and construed to be
issued in lieu of the bonded indebtedness so refunded; to provide that
when any county, municipality, or political subdivision of the State of
Georgia desires to issue refunding bonds, the officer or officers of the
governing body shall give notice thereof to the district attorney of the
judicial circuit in which such county, municipality, or political subdi-
vision shall be located in writing, together with a certified copy of the
resolution or ordinance of the governing body of such county, munici-
pality, or political subdivision authorizing the issuance of such
refunding bonds; to provide for the commencement of the validation
proceedings in the superior court of the county in which the county,
municipality, or political subdivision is located after service of the
notice on the district attorney by the proper officer or officers of the
county, municipality, or political subdivision authorizing the issuance
of the refunding bonds and specifying the information which the
validation petition must set forth; to provide for the liberal construc-
tion of this Act; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
1363
Section 1. Chapter 82 of Title 36 of the Official Code of Georgia
Annotated, relating to bonds, is amended by striking subsection (e) of
Code Section 36-82-1, relating to the procedure for authorization of
bonded debt, in its entirety and substituting in lieu thereof new
subsections (e) and (f) to read as follows:
(e) (1) It is expressly provided that any county, municipality,
or other political subdivision of this state may provide for the
refunding of all or any part of the outstanding bonded indebted-
ness of such county, municipality, or political subdivision without
the necessity of a referendum therefor if the governing authority
of such county, municipality, or political subdivision adopts a
resolution or ordinance authorizing the issuance of general obliga-
tion refunding bonds for such purpose, provided the following
conditions are met:
(A) The term of the refunding bonds shall not extend
beyond the final maturity date of the bonds being refunded;
(B) The rate of interest borne by the refunding bonds
shall not exceed the rate of interest borne by the bonds being
refunded;
(C) The principal amount of the refunding bonds may
only exceed the principal amount of the bonds being refunded
to the extent necessary to effectuate a refund and to allow the
reduction of the total principal and interest requirements
over the remaining term of the bonds being refunded; and
(D) The proceeds derived from the sale of the refund-
ing bonds, together with the earnings and increments derived
therefrom, if any, will be sufficient to provide for the payment
of the principal of, interest, and premium, if any, on the bonds
being refunded and shall be deposited in an irrevocable trust
fund created for that purpose.
(2) Such refunding bonds so authorized to be issued in
compliance with the conditions set forth above, when issued, shall
be construed and deemed to be issued in lieu of such original debt
being so refunded, and the original debt upon the creation of the
irrevocable trust fund and the deposit of the requisite proceeds
shall not constitute a debt within the meaning of Article IX,
Section V, Paragraph I of the Constitution of Georgia, but the
1364
GENERAL ACTS AND RESOLUTIONS, VOL. I
refunding bonds shall constitute a debt within the meaning of
Article IX, Section V, Paragraph I of the Constitution of Georgia
and shall count against the limitation on debt measured by the 10
percent of assessed value of taxable property as expressed therein.
(f) Any person who violates this Code section shall be guilty of
a misdemeanor; provided, however, nothing contained in this Code
section shall be construed so that a violation thereof shall affect the
validity of any bonds issued under this Code section.
Section 2. Said chapter is further amended by striking Code
Section 36-82-3, relating to the authorization of issuance of bonds, in
its entirety and substituting in lieu thereof a new Code Section 36-82-
3 to read as follows:
36-82-3. (a) When notice has been given and the election has
been held, in accordance with Code Section 36-82-2, if the requisite
majority of those qualified voters of the county, municipality, or
political subdivision voting at the election vote for bonds, then the
authority to issue the bonds in accordance with Article IX, Section V,
Paragraph I or II of the Constitution of Georgia is given to the proper
officers of the county, municipality, or political subdivision.
(b) The ordinance or resolution of the governing body of the
county, municipality, or other political subdivision of this state
authorizing the issuance of general obligation refunding bonds in
accordance with the terms and conditions of subsection (f) of Code
Section 36-82-1 may be adopted at a regular or special meeting by a
majority of the members of the governing body and, unless otherwise
provided therein, such resolution or ordinance shall take effect imme-
diately and need not be laid over or published or posted.
(c) General obligation refunding bonds may be issued in one or
more series; may bear such date or dates; may mature at such time or
times, and bear interest at such rate or rates per annum, payable at
such time or times, subject to the limitations contained in subsection
(f) of Code Section 36-82-1, pertaining to the final maturity date and
maximum interest rate for such refunding bonds; may be payable in
such medium of payment at such place or places; may be in such
denomination or denominations; may be in such form, either coupon
or registered; may carry such registration, conversion, and exchange-
ability privileges; may be subject to such terms of redemption, with or
without a premium; may be executed in such manner; and may
GEORGIA LAWS 1984 SESSION
1365
contain such terms, covenants, and conditions as the ordinance or
resolution authorizing the issuance of such refunding bonds may
provide. All general obligation refunding bonds issued under this
article bearing the signature of officers in office on the date of the
signing thereof shall be valid and binding, notwithstanding that
before delivery thereof and payment therefor such officers whose
signatures appear thereon shall have ceased to be officers of the
governmental body issuing the bonds. Pending the preparation of the
definitive bonds, interim receipts, in such form and with such provi-
sions as the governing body may determine, may be issued to the
purchaser or purchasers of bonds to be issued under this article. Such
refunding bonds and interim receipts shall be negotiable for all
purposes. Such refunding bonds shall be and are declared to be
nontaxable for any and all purposes.
Section 3. Said chapter is further amended by striking Code
Section 36-82-5, relating to authorization for the destruction of
unsold bonds, in its entirety and substituting in lieu thereof a new
Code Section 36-82-5 to read as follows:
36-82-5. When any county, municipality, or political subdivi-
sion of this state has issued bonds under the authority of Article IX,
Section V, Paragraph I, II, or III of the Constitution of Georgia and
laws passed in pursuance thereof and when, after the bond issue is
authorized and the bonds are printed, any of the bonds authorized
and printed are not sold for any reason, the governing authorities of
the county, municipality, or political subdivision may destroy the
unsold bonds in the manner and under the conditions set out in Code
Section 36-82-6.
Section 4. Said chapter is further amended by adding a new
Code Section 36-82-7.1 immediately following Code Section 36-82-7,
relating to authorized investments for bond proceeds, to read as
follows:
36-82-7.1. Any county, municipality, or other political subdivi-
sion of this state shall at or before the issuance and delivery of any
general obligation refunding bonds provide for the assessment and
collection of an annual tax sufficient in amount to pay the principal
and interest on such refunding bonds as same become due and
payable, all as is provided in Article IX, Section V, Paragraph VI of
the Constitution of Georgia.
1366
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. Said chapter is further amended by striking Code
Section 36-82-20, relating to proceedings for validation of bonds of
counties, municipalities, or political subdivisions generally, in its
entirety and substituting in lieu thereof a new Code Section 36-82-20
to read as follows:
36-82-20. (a) When any county, municipality, or political
subdivision desiring to incur any bonded debt, as prescribed in Article
IX, Section V, Paragraphs I and II of the Constitution of Georgia,
holds an election or passes a resolution in accordance with the
provisions of the Constitution and laws of this state controlling and
regulating such elections or the passage of such resolutions and the
returns of such election or resolution show prima facie that the
election or resolution is in favor of the issuance of the bonds, the
officer or officers of the county, municipality, or political subdivision
charged by law with the duty of declaring the result of the election or
resolution, within six months after so declaring the result of the
election or of the passage of the resolution, shall notify the district
attorney of the judicial circuit in which the county, municipality, or
political subdivision is located, in writing, of the fact that an election
was held or that a resolution was passed and that the election or
resolution was in favor of the issuance of the bonds. The service of the
notice shall be personal upon the district attorney; in the event that
he is absent from the circuit, the notice shall be served in person upon
the Attorney General.
(b) It is expressly provided that when the governing body of any
county, municipality, or political subdivision desiring to issue refund-
ing bonds as provided by Article IX, Section V, Paragraph III of the
Constitution of Georgia shall have adopted a resolution or ordinance
authorizing the issuance of refunding bonds, the proper officer or
officers of such county, municipality, or political subdivision, within
six months after the adoption of such resolution or ordinance autho-
rizing the issuance of such refunding bonds, shall notify the district
attorney of the judicial circuit in which such county, municipality, or
political subdivision is located, in writing, of the fact that the require-
ments pertaining to the issuance of general obligation refunding
bonds have been met and that the issuance of such refunding bonds
has been authorized by a resolution or ordinance duly adopted by the
governing body of such county, municipality, or political subdivision
and shall furnish the district attorney with a certified copy of such
resolution or ordinance authorizing the issuance of such refunding
bonds. The service of such notice shall be personal upon the district
GEORGIA LAWS 1984 SESSION
1367
attorney; in the event that he is absent from the circuit, the notice
shall be served in person upon the Attorney General.
Section 6. Said chapter is further amended by striking Code
Section 36-82-21, relating to the filing of validation petition by the
district attorney or attorney general in the superior court of the
county in which the election was held or the resolution was passed, in
its entirety and substituting in lieu thereof a new Code Section 36-82-
21 to read as follows:
36-82-21. (a) Within 20 days from the date of the service upon
the district attorney or the Attorney General of notice of the fact that
an election was held or a resolution passed and that the election or
resolution was in favor of the issuance of the bonds, the district
attorney or the Attorney General shall prepare and file a petition in
the office of the clerk of the superior court of the county in which the
election was held or the resolution was passed, directed to the
superior court of the county, in the name of the state, and against the
county, municipality, or political subdivision desiring to issue bonds
under the election or resolution. The petition shall set forth the
service of the notice, the name of the county, municipality, or political
subdivision seeking to issue the bonds, the principal amount of the
bonds to be issued, the purpose for which the bonds are issued, the
interest rate or rates which the bonds are to bear, and the amount of
principal to be paid in each year during the life of the bonds and shall
state that the election or resolution is prima facie in favor of the
issuance of the bonds. The petition, in lieu of specifying the rate or
rates of interest which the bonds are to bear, may set forth the
wording which was used with respect to interest in the notice which
was published calling the election to authorize the issuance of the
bonds. The district attorney or the Attorney General shall obtain,
from the judge of the court, an order requiring the county, municipal-
ity, or political subdivision, by its proper officers, to appear at such
time and place, either in term or at chambers, within 20 days from the
filing of the petition, as the judge of the court may direct, and to show
cause, if any exists, why the bonds should not be confirmed and
validated. The petition and order shall be served in the manner
provided by law for the service of petitions upon counties, municipali-
ties, or political subdivisions. The officers of the county, municipal-
ity, or political subdivision shall make sworn answers to such petition
at or before the date set in the order for the hearing.
1368
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Within 20 days from the date of the service upon the district
attorney or the Attorney General of notice of the fact that a resolution
or ordinance was adopted by the governing body of the county,
municipality, or other political subdivision authorizing the issuance
of refunding bonds, the district attorney or the Attorney General
shall prepare and file a petition in the office of the clerk of the
superior court of the county in which the county, municipality, or
other political subdivision desiring to issue refunding bonds is
located, directed to the superior court of the county, in the name of
the state, and against the county, municipality, or political subdivi-
sion desiring to issue refunding bonds under the resolution or ordi-
nance. The petition shall set forth the service of the notice, the name
of the county, municipality, or political subdivision seeking to issue
the refunding bonds, the maximum principal amount of the refund-
ing bonds to be issued, the interest rate or rates which the bonds are
to bear, and also setting forth the principal amount of outstanding
bonded indebtedness to be refunded, the amount of principal to be
paid in each year over the remaining life of the bonds to be refunded,
the interest rate or rates per annum said outstanding bonds which are
to be refunded bear and a certified copy of the resolution or ordinance
so adopted authorizing the issuance of the refunding bonds shall be
attached to the petition and made a part thereof. The petition, in lieu
of specifying the rate or rates of interest which the refunding bonds
are to bear, may state that the refunding bonds when issued will bear
interest at a rate or rates not exceeding a maximum rate per annum.
The district attorney or the Attorney General shall obtain, from the
judge of the court, an order requiring the county, municipality, or
political subdivision, by its proper officers, to appear at such time and
place, either in term or at chambers, within 20 days from the filing of
the petition, as the judge of the court may direct, and to show cause, if
any exists, why the refunding bonds should not be confirmed and
validated. The petition and order shall be served in the manner
provided by law for the service of petitions upon counties, municipali-
ties, or political subdivisions. The officers of the county, municipal-
ity, or political subdivision shall make sworn answers to such petition
at or before the date set in the order for the hearing.
Section 7. Said chapter is further amended by striking para-
graph (2) of Code Section 36-82-121, relating to definitions pertaining
to the regulation of interest rates for municipal and county bonds
other than general obligation bonds, in its entirety and substituting in
lieu thereof a new paragraph (2) to read as follows:
GEORGIA LAWS 1984 SESSION
1369
(2) General obligation bonds means any bonds, notes, certifi-
cates, or obligations of any kind issued by any municipality which,
under the Constitution of Georgia, may not be issued without the
consent of a majority of the qualified voters of the municipality
affected, voting in an election for that purpose, and also shall mean
any bonds, notes, certificates, or obligations of any kind issued to
refund outstanding general obligation bonds without an election as
authorized under Article IX, Section V, Paragraph III of the Consti-
tution of Georgia.
Section 8. The provisions of this Act shall be liberally construed
to effect the purposes hereof, and insofar as the provisions of this Act
may be inconsistent with the provisions of the Georgia Constitution
under circumstances where the General Assembly has been granted
the power by law to enlarge or restrict such provisions of the Constitu-
tion or the provisions of any law, including any general, local, or
special Act of the General Assembly creating or activating any
municipality, this Act shall control.
Section 9. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 10. All laws and parts of laws in conflict with this Act
are repealed.
Approved April 4,1984.
SHERIFFS ELIGIBILITY TO HOLD OFFICE
NOT AFFECTED BY CONVICTION OF CERTAIN
CRIMES.
Code Section 15-16-1 Amended.
No. 1292 (House Bill No. 706).
AN ACT
To amend Code Section 15-16-1, relating to qualifications and
1370
GENERAL ACTS AND RESOLUTIONS, VOL. I
training requirements of sheriffs, so as to provide that a conviction of
certain offenses shall not be considered as a conviction for the
purpose of determining eligibility to hold the office of sheriff if the
convicted person has received a pardon; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 15-16-1, relating to qualifications and
training requirements of sheriffs, is amended by striking in its
entirety subparagraph (c)(1)(F) of said Code section and inserting in
lieu thereof a new subparagraph (c)(1)(F) to read as follows:
(F) Has not been convicted of a felony offense or any offense
involving moral turpitude contrary to the laws of this state, any other
state, or the United States; provided, however, that a conviction of
homicide by vehicle which occurred prior to January 1, 1965, and
which did not involve the offense of driving a motor vehicle under the
influence of alcohol or drugs shall not be considered a conviction
under this subparagraph if such convicted person has received a
pardon for such offense;.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
GEORGIA LAWS 1984 SESSION
1371
AD VALOREM TAXATION OF PROPERTY DATE
FOR FILING CERTAIN APPLICATIONS FOR
EXEMPTION CHANGED.
Code Section 48-5-48.1 Amended.
No. 1293 (House Bill No. 1023).
AN ACT
To amend Code Section 48-5-48.1 of the Official Code of Georgia
Annotated, relating to applications for exemptions from ad valorem
tax for inventories of tangible personal property, so as to change the
date by which such applications must be filed; to 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 48-5-48.1 of the Official Code of Georgia
Annotated, relating to applications for exemptions from ad valorem
tax for inventories of tangible personal property, is amended by
striking subsection (a) and inserting in its place a new subsection (a)
to read as follows:
(a) Any person, firm, or corporation seeking an exemption from
ad valorem taxation of certain tangible personal property inventory
when such exemption has been authorized by the governing authority
of any county or municipality after approval of the electors of such
county or municipality pursuant to the authority of the Constitution
of Georgia shall file a written application and schedule of property
with the tax receiver or tax commissioner charged with the duty of
receiving returns of property for taxation on forms to be furnished by
such tax official. Such application shall be filed in the year in which
exemption from taxation is sought no later than the date on which the
tax receiver or tax commissioner of the county in which the property
is located closes his books for the return of taxes.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1372
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
ELECTIONS VOTER REGISTRATION FORM
OF CARDS, ETC.
Code Title 21, Chapters 2 and 3 Amended.
No. 1294 (House Bill No. 1159).
AN ACT
To amend Code Section 21-2-217 of the Official Code of Georgia
Annotated, relating to the form of registration cards, and to amend
Code Section 21-3-121 of the Official Code of Georgia Annotated,
relating to the registration of voters by municipalities, so as to provide
that voters only be required to complete one registration card; to
change certain procedures; to 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 21-2-217 of the Official Code of
Georgia Annotated, relating to the form of registration cards, is
amended by striking subsection (c) of said Code section in its entirety
and inserting in lieu thereof a new subsection (c) to read as follows:
(c) The registration cards provided for in subsections (a) and
(b) of this Code section shall consist of two identical parts connected
in such a manner so that completion of the first part shall result in the
duplication of all information on the second part. Such registration
cards shall be so constructed that the two parts may be separated.,
GEORGIA LAWS 1984 SESSION
1373
and by striking subsection (e) of said Code section in its entirety and
inserting in lieu thereof a new subsection (e) to read as follows:
(e) In cases where a municipality elects not to use the county
registration system, the registrar shall forward the second part of the
registration card provided for in subsection (c) of this Code section to
the city clerk of the municipality. The city clerk shall transmit such
registration card to the registrar of the municipality who shall check
the name and identifying information of each applicant against the
registration cards on file in the municipality so as to ensure that no
voter is registered twice. If the registrar finds the applicant meets the
qualifications for registration in the municipality, the registration
card shall be placed on file in the registrars office and the applicants
name shall be added to the electors list.
Section 2. Code Section 21-3-121 of the Official Code of
Georgia Annotated, relating to the registration of voters by munici-
palities, is amended by striking subsection (c) of said Code section in
its entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
(c) In cases where a municipality elects not to use the county
registration system, the registrar shall forward the second part of the
registration card provided for in subsection (c) of Code Section 21-2-
217 to the county registrars. Where a municipality is located in more
than one county, the registrar shall forward the second part of the
registration card to the county of the applicants residence. The
registrars of the county shall check the name and identifying informa-
tion of each applicant against the registration cards on file in their
office so as to ensure that no voter is registered twice. If the registrar
finds the applicant meets the qualifications for registration in the
county, the registration card shall be placed on file in the registrars
office and the applicants name shall be added to the electors list.
Section 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 April 4,1984.
1374
GENERAL ACTS AND RESOLUTIONS, VOL. I
GEORGIA RESIDENTIAL FINANCE AUTHORITY
COMPENSATION OF MEMBERS MAXIMUM
AMOUNT OF BONDS, ETC.
Code Title 8, Chapter 3 Amended.
No. 1295 (House Bill No. 1260).
AN ACT
To amend Article 3 of Chapter 3 of Title 8 of the Official Code of
Georgia Annotated, relating to residential and family farm mort-
gages, so as to change the amount of compensation payable to public
members of the Georgia Residential Finance Authority; to change the
provisions relating to allocation of single-family residential housing
bonds; to increase the maximum principal amount of bonds and notes
which the authority may have outstanding for its single-family resi-
dential housing program; to permit the authority to sell bonds which
are not required to be paid semiannually; to provide that undertak-
ings of the authority authorized by Part 2 of Article 3 of Chapter 3 of
Title 8 of the Official Code of Georgia Annotated are not subject to
restrictions under Part 1 of that article; 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, relating to residential and family farm mort-
gages, is amended by striking subsection (f) of Code Section 8-3-174,
relating to composition of the Georgia Residential Finance Authority,
in its entirety and inserting in its place a new subsection (f) to read as
follows:
(f) The public members of the authority shall receive the same
expense allowance per day as that received by members of the
General Assembly, plus actual expenses incurred, for each days
service spent in the performance of the duties of the authority,
provided that such compensation shall be limited to 30 days during
any one fiscal year unless one of the public members is elected
chairman, in which event such compensation shall be limited to 100
days during any one fiscal year. The permanent members shall be
GEORGIA LAWS 1984 SESSION
1375
reimbursed for actual expenses incurred in the performance of their
duties under this part.
Section 2. Said article is further amended by striking para-
graph (7) of subsection (g) of Code Section 8-3-176, relating to powers
of the Georgia Residential Finance Authority, in its entirety and
inserting in its place a new paragraph (7) to read as follows:
(7) Any unused portion of any allocation not committed for
bond sale by September 1 of each calendar year shall be made
available after that date to any authority specified in subparagraphs
(A), (B), and (C) of paragraph (3) of this subsection, provided that
any bond sale approved after September 1 shall be subject to the
procedures specified in paragraph (4) of this subsection; provided,
further, that the Georgia Residential Finance Authority may reserve
the full amount of any remaining allocation after September 1 for its
own use notwithstanding the 70 percent limitation in subparagraph
(A) of paragraph (3) of this subsection or any other distribution
formulas in the Mortgage Subsidy Bond Tax Act of 1980.
Section 3. Said article is further amended by striking para-
graph (2) of subsection (a) of Code Section 8-3-180, relating to the
issuance and validation of bonds, in its entirety and inserting in its
place 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 $515 million, excluding
bonds and notes issued to refund outstanding bonds and notes.
Section 4. Said article is further amended by striking subsec-
tion (b) of Code Section 8-3-180, relating to the issuance and valida-
tion of bonds, in its entirety and inserting in its place a new subsec-
tion (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, 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.
1376
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
ELECTIONS POLL OFFICERS ASSIGNED TO
CONDUCT COUNTY, STATE OR FEDERAL
ELECTIONS AUTHORIZED TO CONDUCT
MUNICIPAL ELECTIONS.
Code Section 21-3-34 Amended.
No. 1297 (Senate Bill No. 325).
AN ACT
To amend Code Section 21-3-34 of the Official Code of Georgia
Annotated, relating to qualifications of poll officers, so as to provide
that in certain instances poll officers assigned to conduct county,
state, or federal elections may also be authorized to serve as poll
officers in 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. Code Section 21-3-34 of the Official Code of Georgia
Annotated, relating to qualifications of poll officers, is amended by
striking said Code section in its entirety and inserting in lieu thereof a
new Code Section 21-3-34 to read as follows:
21-3-34. (a) Poll officers shall be electors of the municipality
in which they are appointed and shall be able to read, write, and speak
the English language. No poll officer shall be eligible to any nomina-
GEORGIA LAWS 1984 SESSION
1377
tion or public office to be voted for at a primary or election in which
he shall serve.
(b) Notwithstanding the provisions of subsection (a) of this
Code section, in the event that a municipal primary or election is held
in conjunction with a regular county, state, or federal election, poll
officers assigned by the county election superintendent to conduct
such county, state, or federal election shall also be authorized to serve
as poll officers to conduct such municipal election or primary and
shall not be required to be residents of said municipality.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts'of laws in conflict with this Act are
repealed.
Approved April 4,1984.
PROFESSIONS AND BUSINESSES ^ DIETITIANS
LICENSING LAW ENACTED.
Code Title 43, Chapter 11A Enacted.
No. 1298 (House Bill No. 1133).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, so as to provide for licensing
and regulation of certain dietitians and dietetic counselors; to provide
for a short title; to provide for definitions; to establish the Georgia
Board of Examiners of Licensed Dietitians and provide for its mem-
bership, powers, and duties; to provide for reciprocity; to provide for
licensing and examination of dietitians; to provide for the qualifica-
tions and standards for licensure and regulation of dietitians; to
1378
GENERAL ACTS AND RESOLUTIONS, VOL. I
provide for exceptions to certain qualifications for a certain period of
time; to provide for examinations of applicants for licensure after a
certain date; to provide for procedures related thereto; to provide
conditions and procedures for license renewal and for license revoca-
tion or suspension; to prohibit a person from holding oneself out to be
a licensed dietetic counselor unless such person is licensed; to provide
penalties; to provide for related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, is amended by adding at the
end thereof a new chapter to read as follows:
CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the
Dietitians Licensing Law.
43-11A-2. It is declared to be the purpose of the General Assem-
bly that the activities of certain persons who use certain titles relating
to professional dietetic counseling be regulated to ensure the protec-
tion of the health, safety, and welfare of the people of this state.
43-11A-3. As used in this chapter, the term:
(1) Advertise means, but is not limited to, the issuing of or
causing to be distributed any card, sign, or other device or the
causing or permitting any sign or marking on or in any building or
structure, or in any newspaper, magazine, or directory, or
announcement on radio or announcement or display on television.
(2) Applicant means any person seeking a license under
this chapter.
(3) Board means the Georgia Board of Examiners of
Licensed Dietitians established by this chapter.
(4) Dietetic counseling means those services provided by a
health care professional who has definite and specialized knowl-
edge and training in the nutritional care of individuals throughout
the life cycle and who has responsibility for design and manage-
ment of nutritional care delivery systems in various settings.
GEORGIA LAWS 1984 SESSION
1379
(5) Graduate semester hour means a semester hour or the
quarter hour equivalent as defined by regional accrediting educa-
tional associations.
(6) Joint-secretary means the joint-secretary of the state
examining boards. The joint-secretary shall serve as secretary to
the board.
(7) Licensed dietitian means a person who represents him-
self by title or description of services as a licensed dietitian and
who renders dietetic counseling services to individuals, groups,
organizations, corporations, institutions, government agencies, or
the general public for compensation and who holds a valid license
under this chapter.
43-11A-4. (a) There is created the Georgia Board of Examiners
of Licensed Dietitians. The board shall consist of seven members as
follows:
(1) One member shall be an educator in the field of dietetic
counseling;
(2) Three members shall be dietetic counselors; and
(3) Three members shall represent the public at large.
(b) The Governor shall appoint, subject to confirmation by the
Senate, all members of the board for initial terms of office beginning
July 1,1985. The Governor shall appoint three initial members of the
board to serve for terms of two years and four initial members of the
board to serve for terms of four years. After the initial terms specified
in this subsection, members of the board shall take office on the first
day of July immediately following the expired term of that office and
shall serve for a term of four years and until their successors are
appointed and qualified. Any person appointed to the board when
the Senate is not in session may serve on the board without Senate
confirmation until the Senate acts on that appointment. No member
shall serve on the board for more than two consecutive terms. Any
vacancy shall be filled by the Governor subject to confirmation of the
Senate.
(c) All members of the board shall be reimbursed as provided for
in subsection (f) of Code Section 43-1-2.
1380
GENERAL ACTS AND RESOLUTIONS, VOL. I
(d) All members of the board shall take the constitutional oath
of office.
43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this
state;
(2) Have engaged in the field of dietetic counseling for
compensation for at least 2,000 hours; and
(3) Be licensed under this chapter, except that initial
appointees shall be licensed under this chapter no later than July
1,1986.
(b) Consumer members of the board shall be appointed by the
Governor from the public at large, shall be citizens of the United
States and residents of this state, and shall have no connection
whatsoever with the profession of dietetic counseling.
(c) The Governor may remove members of the board, after
notice and opportunity for hearing, for incompetence, neglect of duty,
unprofessional conduct, conviction of any felony, failure to meet the
qualifications of this chapter, or committing any act prohibited by
this chapter.
43-11A-6. (a) Within 30 days of making appointments to the
board, the Governor shall call the first meeting. The board shall elect
a chairman and a vice-chairman who shall hold office according to the
rules adopted by the board.
(b) The board shall hold at least two regular meetings each year
as provided by rules adopted by the board.
43-11A-7. The board shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants
for licenses, renewal of licenses, and reciprocal licenses;
(2) Adopt and revise rules consistent with the laws of the
State of Georgia that are necessary to conduct its business, carry
out its duties, and administer this chapter. However, the board
shall not adopt rules restricting competitive bidding or advertising
GEORGIA LAWS 1984 SESSION
1381
by licensees except to prohibit false, misleading, or deceptive
practices. The board shall not include in its rules to prohibit false,
misleading, or deceptive practices by licensees a rule that:
(A) Restricts a licensees use of any medium for adver-
tising;
(B) Restricts a licensees personal appearance or use of
his personal voice in an advertisement;
(C) Relates to the size or duration of an advertisement
by a licensee; or
(D) Restricts a licensees advertisement under a trade
name;
(3) Adopt and publish a code of ethics;
(4) Examine for, approve, issue, deny, revoke, suspend, and
renew the licenses of dietetic counselor applicants and licensees
under this chapter and conduct hearings in connection with these
actions;
(5) Conduct hearings on complaints concerning violations
of this chapter and the rules adopted under this chapter and cause
the prosecution and enjoinder of the violations;
(6) Establish examination and licensing fees;
(7) Request and receive the assistance of state educational
institutions or other state agencies;
(8) Prepare information of consumer interest describing the
regulatory functions of the board and describing the procedures
by which consumer complaints are filed with and resolved by the
board. The board shall make the information available to the
general public and appropriate state agencies; and
(9) Establish continuing education requirements.
43-11A-8. The board may grant, upon application and payment
of proper fees, a license without examination to a person who at the
time of application holds a valid license as a licensed dietitian issued
1382
GENERAL ACTS AND RESOLUTIONS, VOL. I
by another state or any political territory or jurisdiction acceptable to
the board if in the boards opinion the requirements for that license
are substantially the same as the requirements of this chapter.
43-11A-9. Each applicant for a license as a licensed dietitian
shall meet the following requirements:
(1) Is at least 18 years of age;
(2) Has submitted a completed application as required by
the board;
(3) Has submitted any fees required by the board;
(4) Has:
(A) A baccalaureate degree from an accredited college
or university with a major in nutrition, foods and nutrition,
dietetics, food systems, or institutional management followed
by an internship approved by the board and accredited by the
Commission on Accreditation of the American Dietetic Asso-
ciation or its successor organization;
(B) A baccalaureate degree from an accredited coordi-
nated undergraduate program in dietetics which combines
clinical and didactic learning experiences;
(C) A masters degree from an accredited college or
university in nutrition, dietetics, food systems, or institu-
tional management followed by six months participation in
an approved program of professionally supervised dietetic
counseling;
(D) A masters degree from an accredited college or
university and a valid school lunch certificate issued by the
Georgia Department of Education; or
(E) A doctorate degree from an accredited college or
university in nutrition, dietetics, or biochemistry and is cur-
rently involved in dietetic counseling services through prac-
tice, teaching, or research related to nutritional care through-
out the life cycle;
GEORGIA LAWS 1984 SESSION
1383
(5) Has successfully passed an examination as required by
Code Section 43-11A-13; and
(6) Has met such other requirements as may be prescribed
by the board.
43-11A-10. Prior to and including December 31,1986, a person
may apply to the board for a license as a licensed dietitian and the
board shall issue a license if the applicant meets the requirements
specified in paragraph (1) through paragraph (4) of Code Section 43-
11A-9, except that any person using subparagraph (A) of paragraph
(4) of Code Section 43-11A-9 to meet the requirement of paragraph
(4) may, but shall not be required to, have participated in an
internship approved by the board and accredited by the Commission
of Accreditation of the American Dietetic Association or its successor
organization.
43-11 A-11. The board may require that all applications be made
under oath.
43-11A-12. After evaluation of an application and other evi-
dence submitted, the board shall notify each applicant that the
application and evidence submitted are satisfactory and accepted or
unsatisfactory and rejected. If rejected, the notice shall state the
reasons for the rejection.
43-11A-13. (a) Examinations to determine competence shall
be administered to qualified applicants at least twice each calendar
year. The examinations may be administered by a national testing
service. The board shall prescribe or develop the examinations which
may include an examination given by the Commission on Dietetic
Registration of the American Dietetic Association or any other exami-
nation approved by two-thirds vote of the board.
(b) The board shall notify each examinee of the results of the
examination.
43-11A-14. (a) A license issued by the board is the property of
the board and must be surrendered on demand.
(b) The licensee shall display the license certificate in an appro-
priate and public manner.
1384
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) The licensee shall inform the board of any change of his
address.
(d) The license shall be renewed biennially if the licensee is not
in violation of this chapter at the time of application for renewal and
if the applicant fulfills current requirements of continuing education
as established by the board.
(e) Each person licensed under this chapter is responsible for
renewing his license before the expiration date.
(f) Under procedures and conditions established by the board, a
licensee may request that his license be declared inactive. The
licensee may apply for active status at any time and upon meeting the
conditions set by the board shall be declared active.
43-11A-15. The board may refuse to grant or renew a license to
an applicant; administer a public or private reprimand, but a private
reprimand shall not be disclosed to any person except the licensee;
suspend any licensee for a definite period or for an indefinite period
in connection with any condition which may be attached to the
restoration of said license; limit or restrict any licensee as the board
deems necessary for the protection of the public; revoke any license;
condition the penalty upon, or withhold formal disposition pending,
the applicants or licensees submission to such care, counseling, or
treatment as the board may direct; or impose a fine not to exceed
$500.00 for each violation of a law, rule, or regulation relating to the
profession regulated by this chapter, 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 Code section, or under the laws, rules, or
regulations under which licensure is sought or held; 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 a business or profes-
sion licensed under this title or on any document connected
GEORGIA LAWS 1984 SESSION
1385
therewith; or practiced fraud or deceit or intentionally made any
false statement in obtaining a license to practice the licensed
business or profession; or made a false statement or deceptive
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 paragraph and paragraph (4) of 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 paragraph, 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
(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 Article 3 of Chapter 8 of Title 42, relating to
probation of first offenders, or other first offender treat-
ment shall be conclusive evidence of arrest and sentencing
for such crime;
(5) Had his license to practice a business or profession
licensed under this title revoked, suspended, or annulled by any
lawful licensing authority other than the board; or had other
disciplinary action taken against him by any such lawful licensing
authority other than the board; or was denied a license by any
such lawful licensing authority other than the board, pursuant to
disciplinary proceedings; or was refused the renewal of a license by
any such lawful licensing authority other than the board, pursuant
to disciplinary proceedings;
1386
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 a business or profession
licensed under this title, 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 the licensed business or profession but shows that the
licensee or applicant has committed any act or omission which is
indicative of bad moral character or untrustworthiness; unprofes-
sional conduct shall also include any departure from, or the failure
to conform to, the minimal standards of acceptable and prevailing
practice of the business or profession licensed under this title;
(7) 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 a
state examining board to practice a business or profession licensed
under this title or to practice outside the scope of any disciplinary
limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this
state, any other state, the state examining board regulating the
business or profession licensed under this title, 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 a business
or profession licensed under this title, when the licensee or appli-
cant 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;
(9) 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; or
(10) Displayed an inability to practice a business or profes-
sion licensed under this title with reasonable skill and safety to the
public or has become unable to practice the licensed business or
GEORGIA LAWS 1984 SESSION
1387
profession with reasonable skill and safety to the public by reason
of illness, use of alcohol, drugs, narcotics, chemicals, or any other
type of material.
43-11A-16. (a) After December 31, 1986, it shall be unlawful
for any person who is not licensed under this chapter to use the title of
licensed dietitian or the letters LD in any words, letters, abbrevia-
tions, or insignia or to indicate or imply orally or in writing or in any
way that the person is a licensed dietitian.
(b) Any person violating the provisions of subsection (a) of this
Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by
Chapter 13 of Title 50, the Georgia Administrative Procedure Act.
43-11A-18. For 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 Dietitians shall be terminated on July 1, 1989, and this
chapter and any other laws relating to the board shall be repealed in
their entirety effective on the date specified in Code Section 43-2-8.
43-11A-19. The requirements of this chapter shall not apply to:
(1) The activities and services of a nonresident rendered not
more than 30 days during any year if the person is authorized to
perform the activities and services under the law of the state or
country of his residence; or
(2) The activities and services of licensed members of other
professions, such as physicians and registered nurses.
Section 2. This Act shall become effective on July 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
1388
GENERAL ACTS AND RESOLUTIONS, VOL. I
CRIMES AND OFFENSES LICENSES TO CARRY
PISTOLS OR REVOLVERS EXEMPTION OF
CERTAIN RETIRED LAW ENFORCEMENT OFFICERS
FROM PAYMENT OF FEE.
Code Section 16-11-129 Amended.
No. 1299 (House Bill No. 1132).
AN ACT
To amend Code Section 16-11-129 of the Official Code of Georgia
Annotated, relating to licensure to carry a pistol or revolver, so as to
extend to retired federal law enforcement officers the same exemp-
tion from fees which is allowed to state and local law enforcement
officers; 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 licensure to carry a pistol or revolver,
is amended by striking subsection (h) and inserting in its place a new
subsection to read as follows:
(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
United States government or by the State of Georgia or any political
subdivision thereof and who is required by the terms of his employ-
ment, 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.
GEORGIA LAWS 1984 SESSION
1389
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
HEALTH HOSPITAL CARE FOR CERTAIN
INDIGENTS.
Code Title 31, Chapter 8 Amended.
No. 1300 (House Bill No. 1296).
AN ACT
To amend Chapter 8 of Title 31 of the Official Code of Georgia
Annotated, relating to care and protection of indigent and elderly
patients, so as to provide for legislative findings and purpose; to
provide for definitions; to require certain hospitals to provide emer-
gency medical services to pregnant women in labor; to provide for
transfer of such patients; to provide for determination of indigency; to
require counties to pay for emergency care required to be furnished to
certain pregnant women; to provide for immunity from liability; to
provide for damages and other relief against certain hospitals and
health care providers; to provide for actions by the Department of
Human Resources; to provide for civil and criminal penalties; to
provide for administrative and judicial review; to provide for rules
and regulations; to provide for construction; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 8 of Title 31 of the Official Code of Georgia
Annotated, relating to care and protection of indigent and elderly
patients, is amended by adding immediately following Article 2
thereof a new article to read as follows:
1390
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 2A
31-8-40. The General Assembly finds that Georgias high rates of
infant mortality and morbidity are costly to the state in terms of
human suffering and of expenditures for long-term institutionaliza-
tion, special education, and medical care. It is well documented that
appropriate care during pregnancy and delivery can prevent many of
the expensive, disabling problems our children experience. The State
of Georgia is making progress in improving services and funding.
However, the General Assembly is concerned that some women
continue to be refused service for financial reasons at hospitals when
they request admission after labor has begun. It is the purpose of this
article to assure that no hospital denies available, appropriate emer-
gency services to a woman who seeks hospital care for the safe
delivery of her child and to assure that counties assume a share of the
responsibility in meeting this critical need for their residents who
receive care.
31-8-41. As used in this article, the term:
(1) Cost of care means the cost of services rendered by a
hospital for care required to be provided thereby under this
article, and for services rendered by a physician in connection
therewith, at the reimbursement rate currently in effect for the
hospital and physician under the medical assistance program for
the needy under Title XIX of the Social Security Act (42 U.S.C.A.
Section 1396, et seq.), as amended, but shall not include any
portion of such cost which is paid by the indigent patient, by the
spouse or a relative of the indigent patient, by insurance, or by any
governmental or other public agency pursuant to any federal,
state, or local program paying cost of health care for indigent
patients, other than the program established by this article.
(2) Hospital means a hospital which is permitted to oper-
ate by the department pursuant to Article 1 of Chapter 7 of this
title.
(3) Indigent patient means a patient who is a resident of
this state who has been certified as an indigent pursuant to Code
Section 31-8-43.
31-8-42. Any hospital which operates an emergency service shall
provide the appropriate, necessary emergency services to any preg-
GEORGIA LAWS 1984 SESSION
1391
nant woman who presents herself in active labor to the hospital, if
those services are usually and customarily provided in that facility,
which services shall be provided within the scope of generally
accepted practice based upon the information furnished the hospital
by the pregnant woman, including such information as the pregnant
woman reveals concerning her prenatal care, diet, allergies, previous
births, general health information, and other such information as the
pregnant woman may furnish the hospital. If, in the medical
judgment of the physician responsible for the emergency service, the
hospital must transfer the patient because the hospital is unable to
provide appropriate treatment, the hospital where the patient has
presented herself shall:
(1) Within the capabilities of the hospital provide such
emergency services as the circumstances require, which services
shall be provided within the scope of generally accepted practice
based upon the information furnished the hospital by the preg-
nant woman, including such information as the pregnant woman
reveals concerning her prenatal care, diet, allergies, previous
births, general health information, and other such information as
the pregnant woman may furnish the hospital;
(2) Contact an appropriate receiving hospital and notify
such hospital that the patient is in transit;
(3) Arrange suitable transportation for the patient if neces-
sary; and
(4) Send to the receiving hospital any available information
on the patients history and condition.
The transfer shall not be authorized until the physician considers
the patient sufficiently stabilized for transport.
31-8-43. (a) The commissioner of human resources shall adopt
state-wide standards to determine indigency for the purposes of this
article. To the extent practicable, such standards shall be based on
similar standards adopted for the purpose of determining the ability
to pay of patients receiving services in state hospitals as authorized by
state law, as now or hereafter enacted, governing responsibility for
payment of cost of care for health care services rendered by state
hospitals.
1392
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Within 30 days after receiving the standards provided by the
commissioner pursuant to subsection (a) of this Code section, the
governing authority of each county, by resolution, shall designate a
person, to be known as the health care advisory officer of the county,
to make a determination of indigency for the residents of the county
in accordance with the standards promulgated pursuant to subsection
(a) of this Code section. The health care advisory officer shall carry
out such additional duties as may be assigned to him by the governing
authority of the county. It shall be the duty of the governing authority
of each county to mail a copy of such resolution to the chief adminis-
trative officer of each hospital within 15 days after its adoption. The
governing authority of any county may change the person designated
as the health care advisory officer, but any such change shall be
accomplished by resolution of the governing authority, and a copy of
the resolution making such change shall be mailed to the chief
administrative officer of each hospital within 15 days after its adop-
tion.
(c) When a patient receives health care from a hospital or
physician, which care that hospital is required to provide the patient
under Code Section 31-8-42, and when such patient claims inability to
pay cost of care because of indigency, the chief administrative officer
of the hospital shall notify, in writing, the health care advisory officer
of the county of residence of the patient. Such notification shall
request a determination of indigency of the patient. As soon as
practicable after receiving such notification but not later than 30 days
thereafter, the health care advisory officer of the county shall notify
the chief administrative officer of the hospital of his determination. If
the health care advisory officer determines that the patient is indi-
gent or if the health care advisory officer of a county fails to respond
to a request for a determination of indigency from a hospital provid-
ing health care for such patient within the time limitation provided
by this subsection, the county of residence of the patient shall be
liable for the payment of cost of care of such patient in the hospital or
hospitals rendering the emergency services. In such event, the
hospital, hospitals, and physicians providing the emergency health
care for the patient may bill the county of residence of the patient for
the amount of the patients cost of care, and it shall be the duty of the
governing authority of such county to pay the hospital and physician
that amount.
(d) To the end that the certifications of indigency required by
subsection (c) of this Code section may be expedited, it shall be the
GEORGIA LAWS 1984 SESSION
1393
duty of each county health care advisory officer to establish and
maintain files showing the names of county residents determined to
be indigent.
(e) It shall be the duty of the commissioner to devise such
standard forms as may be necessary or desirable to administer this
Code section uniformly. It shall be the duty of counties, health care
advisory officers, and hospitals to use the forms promulgated by the
commissioner pursuant to this subsection.
31-8-44. No physician, nurse, or other such medical assistant,
nor the hospital or any of its agents or employees shall be guilty of
malpractice or civilly liable therefor unless the physician, nurse, or
other medical assistant, or the hospital, its agent, or employee has
been grossly negligent in the provision of such services or has willfully
failed to comply with the provisions of this article. No action shall be
brought under this article without a specific allegation of gross
negligence.
31-8-45. If a hospital fails or refuses to provide treatment or
services pursuant to the provisions of Code Section 31-8-42, a person
aggrieved by such failure or refusal shall have a cause of action against
the hospital for damages and for such other relief as the court having
jurisdiction of the action deems proper. No person shall be prohib-
ited from maintaining such an action for failure to exhaust any rights
to administrative relief.
31-8-46. (a) If the department receives notice that a violation
by a hospital of Code Section 31-8-42 is in progress, the department
shall immediately order an investigation to determine whether or not
there has been a violation and upon finding that a violation has
occurred shall immediately order the hospital to comply with that
Code section.
(b) If a hospital violates Code Section 31-8-42, the department
shall assess a civil penalty of $500.00 for each such violation. Any such
civil penalty shall be imposed by the department only after notice and
hearing as provided in Article 1 of Chapter 5 of this title. Any person
or facility subject to a civil penalty under this Code section is entitled
to judicial review in accordance with Article 1 of Chapter 5 of this
title. All civil penalties recovered by the department under this Code
section shall be paid into the general fund of the state treasury.
1394
GENERAL ACTS AND RESOLUTIONS, VOL. I
(c) Any hospital held to be in violation of Code Section 31-8-42
more than three times within any 12 month period shall be subject to
suspension or revocation of license by the Department of Human
Resources.
(d) The Department of Human Resources is authorized and
directed to promulgate appropriate rules and regulations for the
enforcement of this article.
(e) Nothing in this article shall be construed to preempt any
other law or to deny to any individual any rights or remedies which
are provided by or under any other law.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
PUBLIC UTILITIES AND PUBLIC
TRANSPORTATION PRIVATE CARRIERS
REDEFINED H FURTHER REGULATED.
Code Title 46, Chapters 1 and 7 Amended.
No. 1301 (House Bill No. 1010).
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated,
relating to public utilities and public transportation, so as to change
the definition of the term private carrier; to change the provisions
relating to the purpose of Article 2 of Chapter 7; to authorize vehicle
safety requirements for private carriers; to provide certain excep-
tions; to provide for injunctions against private carriers under certain
conditions; to provide an effective date; to repeal conflicting laws; and
for other purposes.
GEORGIA LAWS 1984 SESSION
1395
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 its entirety paragraph (11) of Code Section 46-1-1, relating
to definitions, and inserting in lieu thereof a new paragraph (11) 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. The term private
carrier shall not include:
(A) Motor vehicles not for hire engaged solely in the har-
vesting or transportation of forest products;
(B) Motor vehicles not for hire engaged solely in the trans-
portation of road-building materials;
(C) Motor vehicles not for hire engaged solely in the trans-
portation of unmanufactured agricultural or dairy products
between farm, market, gin, warehouse, or mill whether such
vehicle is owned by the owner or producer of such agricultural or
dairy products or not so long as the title remains in the producer;
or
(D) Motor vehicles having a manufacturers gross vehicle
weight rating of 10,000 pounds or less.
Section 2. Said title is further amended by striking in its entirety
Code Section 46-7-50, relating to the short title and purpose of Article
2 of Chapter 7, and inserting in lieu thereof a new Code Section 46-7-
50 to read as follows:
46-7-50. This article may be cited as the Motor Carrier Act of
1931. This article is intended to state the conditions and regulations
under which motor carriers for hire, other than common carriers and
private carriers, are permitted to operate over the highways of this
state.
1396
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. Said title is further amended by adding between Code
Sections 46-7-68 and 46-7-69 a new Code Section 46-7-68.1 to read as
follows:
46-7-68.1. (a) Except as otherwise provided in subsection (b)
of this Code section, this article shall not apply to private carriers
engaged exclusively in the transportation of goods belonging to the
individual, firm, partnership, corporation, or association owning,
controlling, operating, or managing the motor vehicle in private
transportation over any public highway in this state.
(b) The commission shall have the authority to promulgate rules
designed to promote safety of private carriers. Every motor vehicle of
a private carrier and all parts thereof shall be maintained in a safe
condition at all times; and the carriers equipment shall meet such
safety requirements as the commission shall from time to time
promulgate.
(c) Private carriers are not required to hold certificates of public
convenience and necessity and/or registration permits issued by the
commission.
Section 4. Said title is further amended by striking in its entirety
Code Section 46-7-73, relating to civil actions by the commission, and
inserting in lieu thereof a new Code Section 46-7-73 to read as follows:
46-7-73. (a) Any motor contract carrier which operates on the
public highways of this state without a certificate of public conve-
nience and necessity, or after such certificate has been canceled, may
be enjoined from operating on the public highways of this state upon
the bringing of a civil action by the commission, by a competing motor
carrier or rail carrier, or by any individual.
(b) Any private carrier which is cited by the commission for
operating a vehicle in an unsafe condition may be enjoined, pursuant
to an action by the commission, from operating on the public high-
ways of this state unless such condition is corrected in accordance
with the commissions safety rules and the commission is so notified.
Section 5. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1984 SESSION
1397
Section 6. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
SOCIAL SERVICES INSTITUTIONS LICENSED
TO CARE FOR CHILDREN CRIMINAL RECORDS
CHECKS OF PERSONNEL.
Code Title 49, Chapter 5 Amended.
No. 1302 (House Bill No. 1083).
AN ACT
To amend Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to programs for children and youth, so as to
provide for criminal records checks and determinations based
thereon for directors and employees of certain centers, homes, and
institutions which are licensed to care for children; to provide addi-
tional standards for licensure; to prohibit the employment of direc-
tors or employees determined to have criminal records; to provide for
cooperation among certain state agencies, departments, and law
enforcement agencies and require the furnishing of certain informa-
tion thereby and provide for fees therefor; to prohibit certain conduct
relating to information obtained pursuant to this article; to provide
for immunity from liability; to provide for administrative and other
review of certain determinations and actions based thereon; to repeal
conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia
Annotated, relating to programs for children and youth, is amended
by adding at the end thereof a new Article 3 to read as follows:
1398
GENERAL ACTS AND RESOLUTIONS, VOL. I
ARTICLE 3
49-5-60. As used in this article, the term:
(1) Center means a day-care center, group day-care home,
or child-caring institution which is required to be licensed under
Article 1 of this chapter.
(2) Conviction means a finding or verdict of guilty or a plea
of guilty regardless of whether an appeal of the conviction has
been sought.
(3) Crime means a violation of Code Section 16-5-70, relat-
ing to cruelty to children; a violation of Code Section 16-12-1,
relating to contributing to the delinquency of a minor; a violation
of Chapter 6 of Title 16, relating to sexual offenses; a felony
violation of Chapter 13 of Title 16, relating to controlled sub-
stances; or any other offense committed in another jurisdiction
which, if committed in this state, would be deemed to be such a
crime without regard to its designation elsewhere.
(4) Criminal record means:
(A) Conviction of a crime;
(B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the
charge;
(ii) First offender treatment without adjudication
of guilt pursuant to the charge was granted; provided,
however, that this division shall not apply to a violation
of Chapter 13 of Title 16, relating to controlled sub-
stances, or an offense which, if it was committed in this
state, would be a violation of Chapter 13 of Title 16 if
such violation or offense constituted only simple posses-
sion; or
(iii) Adjudication or sentence was otherwise with-
held or not entered on the charge; provided, however,
that this division shall not apply to a violation of Chapter
13 of Title 16, relating to controlled substances, or an
GEORGIA LAWS 1984 SESSION
1399
offense which, if it was committed in this state, would be
a violation of Chapter 13 of Title 16 if such violation or
offense constituted only simple possession; or
(C) Arrest and being charged for a crime if the charge is
pending regardless of how long the charge has been pending.
(5) Director means the chief administrative or executive
officer of a facility.
(6) Employee means any person, other than a director,
employed by a center to perform at any of the centers facilities
any duties which involve personal contact between that person
and children being cared for at the facility.
(7) Employee records check determination means a satis-
factory or unsatisfactory determination by a director based only
upon a records check comparison of GCIC information with other
than fingerprint information regarding the person upon whom the
records check is being performed.
(8) Facility means a centers real property at which child-
ren are received for care.
(9) Fingerprint records check determination means a satis-
factory or unsatisfactory determination by the department based
upon a records check comparison of GCIC information with
fingerprints and other information in a records check application.
(10) GCIC means the Georgia Crime Information Center
established under Article 2 of Chapter 3 of Title 35.
(11) GCIC information means criminal history record infor-
mation as defined in Code Section 35-3-30.
(12) License means the document issued by the department
to authorize the center to which it is issued to operate a facility
under this chapter.
(13) Preliminary records check determination means a sat-
isfactory or unsatisfactory determination by the department
based only upon a comparison of GCIC information with other
than fingerprint information regarding the person upon whom the
records check is being performed.
1400
GENERAL ACTS AND RESOLUTIONS, VOL. I
(14) Records check application means two sets of classi-
fiable fingerprints, a fee of not more than $12.00, payable in such
form as the department may direct to cover the cost of a finger-
print records check under this article, and an affidavit by the
applicant disclosing the nature and date of any arrest, charge, or
conviction of the applicant for the violation of any law, except for
motor vehicle parking violations, whether or not the violation
occurred in this state and such additional information as the
department may require.
(15) Renewable license means a license which expires one
year from the date of issuance but which may thereafter be
renewed for like periods.
(16) Satisfactory determination means a written determina-
tion that a person for whom a records check was performed was
found to have no criminal record.
(17) Temporary license means a license which expires 90
days from the date of issuance, unless extended for good cause by
the department for a period not to exceed 30 days from the date it
would otherwise expire.
(18) Unsatisfactory determination means a written deter-
mination that a person for whom a records check was performed
has a criminal record.
49-5-61. On and after July 1,1984, an applicant for a new license
shall have a separate license for each new facility in this state owned
or operated by that applicant and shall have a separate director for
each such facility.
49-5-62. Accompanying any application for a new license for a
facility, the applicant shall furnish to the department a records check
application for the director of that facility. The department shall
contract with GCIC and appropriate law enforcement agencies which
have access to GCIC information to have those agencies perform for
the department a preliminary records check for each records check
application submitted thereto by the department, and the depart-
ment shall make a written determination based upon that records
check.
GEORGIA LAWS 1984 SESSION
1401
49-5-63. Within ten days after being furnished the required
records check application under Code Section 49-5-62, the depart-
ment shall notify in writing the license applicant and the director for
whom a records check application was received as to whether the
departments determination as to that directors preliminary records
check was satisfactory or unsatisfactory. If the preliminary records
check determination was satisfactory as to the director of an appli-
cants facility, that applicant may be issued a temporary license for
that facility if the applicant otherwise qualifies for a license under
Article 1 of this chapter. If the determination was unsatisfactory as to
the director of an applicants facility, the applicant shall designate
another director for that facility and may not be issued a temporary
license for that facility until the department has determined, under
the procedures of Code Section 49-5-62 and this Code section that the
newly designated director has a satisfactory preliminary records
check.
49-5-64. No later than five days after issuing a temporary license
based upon a satisfactory preliminary records check determination of
a director under Code Section 49-5-63, the department shall transmit
to GCIC both sets of fingerprints, the records search fee, and a copy of
the application form from that directors records check application.
Upon receipt thereof, GCIC shall promptly transmit one set of
fingerprints to the Federal Bureau of Investigation for a search of
bureau records and an appropriate report and shall retain the other
set and promptly conduct a search of its records and records to which
it has access. Within 50 days after receiving the fingerprints, applica-
tion, and fee, GCIC shall notify the department in writing of any
derogatory finding, including but not limited to any criminal record,
of the fingerprint records check or if there is no such finding.
49-5-65. Within ten days after receiving a GCIC notification
under Code Section 49-5-64, the department shall make a determina-
tion based thereon and notify in writing the license applicant and the
director for whom the records check application was received as to
whether that directors fingerprint records check was satisfactory or
unsatisfactory. If the fingerprint records check determination was
satisfactory as to the director of an applicants facility, that applicant
may be issued a renewable license for that facility. If the fingerprint
records check determination was unsatisfactory as to the director of
an applicants facility, within ten days after receiving notification of
that determination, that applicant shall designate another director
for such facility, for which director the applicant has not received or
1402
GENERAL ACTS AND RESOLUTIONS, VOL. I
made an unsatisfactory preliminary, fingerprint, or employee records
check determination. The applicant may then proceed to obtain a
temporary and a renewable license for that facility under the condi-
tions and procedures established in Code Sections 49-5-61 through
49-5-65 but shall not operate any such facility without obtaining a
renewable license except pursuant to an unexpired temporary license
therefor.
49-5-66. Upon the expiration of any license issued prior to July
1,1984, the center to which such license was issued shall be required
to obtain a separate license for each of the centers existing facilities
and shall have a separate director for each such facility. An existing
facility whose license so expires may only be issued a temporary
license until a renewable license may be issued pursuant to Code
Section 49-5-67. Such a temporary license may only be issued if the
facility otherwise qualifies for a license pursuant to Article 1 of this
chapter. Any new facility in this state first owned or operated on or
after July 1, 1984, by a center already licensed in this state shall be
required to have a new license issued pursuant to Code Sections 49-5-
61 through 49-5-65.
49-5-67. Within ten days after a temporary license is issued
pursuant to Code Section 49-5-66, the center to whom the license was
issued shall furnish to the department a records check application for
the director of each of the centers facilities for which a temporary
license was issued. Not later than five days after receiving that
application, the department shall proceed to have made a fingerprint
records check determination based upon such application and may
only issue a renewable license to any such facility under the condi-
tions and procedures provided in Code Sections 49-5-64 and 49-5-65.
49-5-68. A center which has obtained a satisfactory fingerprint
records check determination for a director of a centers facility shall
not again be required to have made such a determination for that
director as long as that director remains uninterruptedly employed by
the center, whether or not in the same position or facility for which
the satisfactory determination was made.
49-5-69. (a) If the director of a facility which has been issued a
renewable license based upon a satisfactory fingerprint records check
of that director ceases to be the director of that facility, the licensee
shall thereupon designate a new director. Within 15 days after such
change, the licensee of that facility shall notify the department of
such change and of any additional information the department may
GEORGIA LAWS 1984 SESSION
1403
require regarding the newly designated director of that facility. Such
information shall include but not be limited to any information the
licensee may have regarding preliminary, fingerprint, or employee
records check determinations regarding that director. Within ten
days after receiving a change of director notification, the department
shall make a written determination from the information furnished
with such notification and the departments own records as to
whether a satisfactory or unsatisfactory preliminary, fingerprint, or
employee records check determination has ever been made for the
newly designated director. If the department determines that such
director meets the requirements of Code Section 49-5-68, or within 12
months prior thereto has had a satisfactory fingerprint or employee
records check determination, such determination shall be deemed to
be a satisfactory fingerprint records check determination as to that
director. The license of that facility shall not be adversely affected by
that change in director and the licensee shall be so notified within ten
days after the department receives the change of director notification.
(b) If the department determines under subsection (a) of this
Code section that there has ever been an unsatisfactory preliminary,
fingerprint, or employee records check determination of the newly
designated director, the center and that director shall be notified
thereof within 15 days after the department received the change of
director notification. The license for that directors facility shall be
indefinitely suspended no sooner than ten and no later than 15 days
after the date the notification of the determination is sent by the
department unless the center designates another director for whom it
has not received or made an unsatisfactory preliminary, fingerprint,
or employee records check determination and proceeds pursuant to
the provisions of this Code section relating to a change of director.
(c) If the department determines under subsection (a) of this
Code section that there has been no fingerprint or employee records
check determination regarding the newly designated director within
the immediately preceding 12 months, unless that director qualifies
under Code Section 49-5-68, the department shall so notify the center
within 15 days after the department received the change of director
notification. The center shall furnish to the department the records
check application of the newly designated director no later than 15
days after the date the notification is sent by the department or the
license of that facility shall be indefinitely suspended. If that records
check application is so received, the department shall perform a
fingerprint records check and determination for that director as
1404
GENERAL ACTS AND RESOLUTIONS, VOL. I
provided in Code Sections 49-5-64 and 49-5-65 no later than 90 days
after the department receives that application. If that determination
is satisfactory, the center and director for whom the determination
was made shall be so notified within ten days after the department
makes its determination, and the license for the facility at which that
person is the newly designated director shall not be adversely affected
by that change of director. If that determination is unsatisfactory, the
provisions of subsection (b) of this Code section shall apply.
49-5-70. (a) No center may continue to employ after January 1,
1985, any person who was an employee of that center prior to July 1,
1984, unless the director of that center has obtained from a law
enforcement agency, at the written request of the department, an
employees records check for that employee and has made, no later
than December 31,1984, a satisfactory determination based thereon.
(b) A center may employ a person on or after July 1, 1984, for
whom the center is not required to make an employee records check
determination pursuant to subsection (a) of this Code section only if
the director of that center has obtained from a law enforcement
agency, at the written request of the department, an employee records
check for that employee and has made, no later than 90 days after the
date the person was first employed by that center, a satisfactory
determination based thereon.
(c) A director of a facility in which is employed a person whom
that director knows or should reasonably know to have a criminal
record shall be guilty of a misdemeanor.
49-5-71. (a) GCIC and law enforcement agencies which have
access to GCIC information shall cooperate with the department in
performing preliminary, fingerprint, and employee records checks
required under this chapter and shall provide such information so
required for such records checks notwithstanding any other law to the
contrary and may charge reasonable fees therefor.
(b) Any person who knowingly and under false pretenses
requests, obtains, or attempts to obtain GCIC information otherwise
authorized to be obtained pursuant to this chapter, or who knowingly
communicates or attempts to communicate such information
obtained pursuant to this article to any person or entity except in
accordance with this article, or who knowingly uses or attempts to use
such information obtained pursuant to this article for any purpose
GEORGIA LAWS 1984 SESSION
1405
other than as authorized by this article shall be fined not more than
$5,000.00, imprisoned for not more than two years, or both.
49-5-72. (a) Neither GCIC, the department, any law enforce-
ment agency, nor the employees of any such entities shall be responsi-
ble for the accuracy of information nor have any liability for defama-
tion, invasion of privacy, negligence, or any other claim in connection
with any dissemination of information or determination based
thereon pursuant to this article.
(b) A center or its employees shall have no liability for defama-
tion, invasion of privacy, or any other claim based upon a good faith
employee records check or determination required to be made by that
center or employee pursuant to this article.
49-5-73. The requirements of this article are supplemental to
any requirements for a license imposed by Article 1 of this chapter.
49-5-74. A determination by the department regarding prelimi-
nary, fingerprint, or employee records checks under this article, or
any action by the department revoking, suspending, or refusing to
grant or renew a license based upon such determination, shall consti-
tute a contested case for purposes of Chapter 13 of Title 50, the
Georgia Administrative Procedure Act, except that any hearing
required to be held pursuant thereto may be held reasonably expedi-
tiously after such determination or action by the department.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
1406
GENERAL ACTS AND RESOLUTIONS, VOL. I
PROFESSIONAL COUNSELORS, SOCIAL WORKERS,
AND MARRIAGE AND FAMILY THERAPISTS
LICENSING LAW ENACTED.
Code Title 43, Chapter 7A Enacted.
No. 1303 (Senate Bill No. 93).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated,
relating to professions and businesses, so as to provide for the
licensing and regulation of certain practitioners of professional coun-
seling, social work, and marriage and family therapy; to provide a
short title; to provide for legislative purpose; to provide for defini-
tions; to provide for the Georgia Composite Board of Professional
Counselors, Social Workers, and Marriage and Family Therapists; to
provide for standards committees; to prohibit certain advertisements,
use of titles, and representations; to provide for exemptions; to
prohibit certain practices; to provide experience, education, training,
examination, and other requirements for licensure in the professions
regulated; to provide for reciprocity; to authorize the performance of
certain activities and services by licensees, subject to certain limita-
tions; to provide for fees; to provide for licenses issued under this
chapter; to provide for continuing education; to provide for disciplin-
ary actions and for subpoenas, investigations, hearings, and proceed-
ings related thereto; to provide for immunity from liability; to provide
for injunctive and other relief; to provide for penalties; to provide for
construction; to provide for termination of the board and the repeal of
laws relating thereto; to provide conditions for effectiveness; 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 adding immedi-
ately following Chapter 7 of Title 43 a new Chapter 7A to read as
follows:
GEORGIA LAWS 1984 SESSION
1407
CHAPTER 7A
43-7A-1. This chapter shall be known and may be cited as the
Professional Counselors, Social Workers, and Marriage and Family
Therapists Licensing Law.
43-7A-2. It is declared to be the purpose of the General Assembly
that the activities of certain persons who utilize certain titles relating
to professional counseling, social work, and marriage and family
therapy be regulated to ensure the protection of the health, safety,
and welfare of the people of this state.
43-7A-3. As used in this chapter, the term:
(1) Advertise means, but is not limited to, the issuing of
or causing to be distributed any card, sign, or other device or the
causing or permitting any sign or marking on or in any building or
structure, or in any newspaper, magazine, or directory, or on radio
or television.
(2) Allied profession means the practice of medicine,
psychiatric nursing, applied psychology, or pastoral counseling.
(3) Board means the Georgia Composite Board of Profes-
sional Counselors, Social Workers, and Marriage and Family
Therapists established by this chapter.
(4) Counseling techniques means those techniques used
to help persons learn how to solve problems and make decisions
related to personal growth, vocation, family, social, and other
interpersonal concerns.
(5) Direction means the ongoing administrative overseeing
of a specialty practitioners work for the purpose of assuring the
quality of the services rendered by that practitioner. Direction
may be provided by any person acceptable to the standards
committee for that specialty in which the practitioner is working.
(6) Fee means money or anything of value, including but
not limited to a salary, offered or received as compensation in
return for rendering services in any specialty.
1408
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) Joint-secretary means the joint-secretary of the state
examining boards. The joint-secretary shall serve as secretary to
the board.
(8) Marriage and family therapy means that specialty
which centers primarily upon family relationships and the rela-
tionship between husband and wife and which includes, without
being limited to, premarital, marital, sexual, family, predivorce,
and postdivorce issues. This therapy also involves an applied
understanding of the dynamics of marital and family systems,
along with the application of psychotherapeutic and counseling
techniques for the purpose of resolving intrapersonal and inter-
personal conflict and changing perception, attitudes, and behavior
in the area of marriage and family life.
(9) Practice a specialty means to offer to render for a fee
or to render for a fee any service involving the application of
principles, methods, or procedures of professional counseling,
social work, or marriage and family therapy.
(10) Private practice means practice of a specialty other
than in a public or nonprofit agency or entity.
(11) Professional counseling means that specialty which
utilizes counseling techniques based on principles, methods, and
procedures of counseling that assist people in identifying and
resolving personal, social, vocational, and interpersonal concerns;
utilizes information and community resources for personal, social,
or vocational development; utilizes individual and group tech-
niques for facilitating problem solving, decision making, and
behavior change; utilizes functional assessment, vocational plan-
ning and guidance for persons requesting assistance in adjustment
to a disability or handicapping condition; utilizes referral, supervi-
sion, or direction for persons who request counseling services; and
utilizes methods for designing, conducting, and interpreting
research, consultation, or both.
(12) Psychotherapeutic techniques means those specific
counseling techniques involving the in-depth exploration and
treatment of interpersonal and intrapersonal dynamics but shall
not include the performance of those activities exclusively
reserved to any other business or profession by any other chapter
of this title.
GEORGIA LAWS 1984 SESSION
1409
(13) Recognized educational institution means any educa-
tional institution which grants a bachelors, masters, specialist, or
doctoral degree and which is recognized by the Council on Post-
secondary Accreditation.
(14) Social work means that specialty which helps individ-
uals, families, couples, groups, or communities to enhance or
restore their capacity for social functioning by assisting in the
obtaining or improving of tangible social and health services and
by counseling and psychotherapeutic techniques in a variety of
settings which include but are not limited to mental and physical
health facilities, child and family service agencies, or private
practice.
(15) Specialty means social work, marriage and family
therapy, or professional counseling, or any combination thereof.
(16) Supervision means the direct clinical review, for the
purpose of training or teaching, by a supervisor of a specialty
practitioners interaction with a client. It may include, without
being limited to, the review of case presentations, audio tapes,
video tapes, and direct observation in order to promote the
development of the practitioners clinical skills.
(17) Supervisor means a person who meets the require-
ments established by the standards committee for that specialty
which is being supervised and who is either licensed under this
chapter or is a psychiatrist or a psychologist.
(18) The Commission on Accreditation for Marriage and
Family Therapy Education means the national accrediting
agency for marriage and family therapy education as recognized
by the United States Department of Education.
(19) The Council on Social Work Education means the
national accrediting agency for social work education as recog-
nized by the United States Department of Education and
National Commission on Accrediting.
43-7A-4. (a) There is created the Georgia Composite Board of
Professional Counselors, Social Workers, and Marriage and Family
Therapists. The board shall consist of ten members who have been
residents of this state for at least 12 months prior to taking office.
The ten members shall be constituted as follows:
1410
GENERAL ACTS AND RESOLUTIONS, VOL. I
(1) Three members licensed in professional counseling, two
of whom shall be designated at the time of their appointment to
serve an initial term ending December 31,1988, and one of whom
shall be designated to serve an initial term ending December 31,
1987;
(2) Three members licensed as social workers, one of whom
shall be designated at the time of appointment to serve an initial
term ending December 31, 1988, the other two of whom shall be
designated to serve an initial term ending December 31,1987;
(3) Three members licensed as marriage and family thera-
pists, two of whom shall be designated at the time of their
appointment to serve an initial term ending December 31, 1987,
and one of whom shall be designated to serve an initial term
ending December 31,1988; and
(4) One member who shall represent the public at large and
have no professional connection with any specialty to serve an
initial term ending December 31,1988.
(b) All members of the board shall be appointed by the Gover-
nor, subject to confirmation by the Senate. Those members first
appointed to the board under this chapter shall serve for initial terms
of office beginning September 1,1985. Those members of the board
required to be licensed and who are first appointed to the board shall
be persons who are practicing in the designated specialty at the time
of appointment and who must be licensed therein as required within
12 months following their appointment.
(c) After the initial terms specified in subsection (a) of this Code
section, members of the board shall take office on the first day of
January immediately following the expired term of that office and
shall serve for a term of three years and until the appointment and
qualification of their respective successors. No member shall serve on
the board more than two consecutive terms.
(d) Members of the board may be removed by the Governor,
after notice and opportunity for hearing, for incompetence, neglect of
duty, unprofessional conduct, or conviction of any felony.
(e) Vacancies occurring on the board, other than those caused by
expiration of a term of office, shall be filled in the same manner as the
GEORGIA LAWS 1984 SESSION
1411
original appointment to the position vacated for the remainder of the
unexpired term and until a successor is appointed and qualified.
(f) Any person appointed to the board when the Senate is not in
regular session may serve on the board without Senate confirmation
until the Senate acts upon that appointment.
43-7A-5. (a) The members of the board shall take an oath to
perform faithfully the duties of their office. Within 30 days after
taking the oath of office, the first board appointed under this chapter
shall meet for an organizational meeting on call by the joint-secretary.
At such meeting and at an organizational meeting in January every
odd-numbered year thereafter, the board shall elect from its members
a chairperson and vice chairperson to serve for terms of two years.
(b) The quorum for the transaction of business of the board shall
be as provided in subsection (b) of Code Section 43-1-12.
(c) Unless specifically delegated to a standards committee pur-
suant to Code Section 43-7A-6, the board shall have the following
powers and duties:
(1) To adopt, amend, and repeal such rules and regulations
not inconsistent with this chapter necessary for the proper admin-
istration and enforcement of this chapter;
(2) To issue, renew, and reinstate the licenses of duly quali-
fied applicants for licensure to practice a specialty in this state;
(3) To deny, suspend, revoke, or otherwise sanction licenses
to practice a specialty in this state;
(4) To initiate investigations for the purpose of discovering
violations of this chapter;
(5) To conduct hearings upon charges calling for the disci-
pline of a licensee or on violations of this chapter;
(6) To issue to specialists licensed under this chapter certif-
icates under the seal of the board evidencing such licensure and
signed, either by hand or facsimile signature, by the chairperson of
the board and the joint-secretary;
1412
GENERAL ACTS AND RESOLUTIONS, VOL. I
(7) To adopt a seal; and
(8) To do all other things necessary to administer and
enforce this chapter and all rules and regulations adopted by the
board pursuant to this chapter.
(d) The board shall adopt a code of ethics to govern the behavior
of persons licensed under this chapter, including but not limited to
the prohibiting of practice in those areas in which the specialty
practitioner has not obtained university level graduate training or
substantially equivalent supervised experience.
(e) Each member of the board shall be reimbursed as provided in
subsection (f) of Code Section 43-1-2.
(f) After a person has applied for licensure, no member of the
board may supervise or direct such applicant for a fee nor shall any
member vote on any applicant previously supervised or directed by
that member.
(g) The board shall hold at least two regular meetings each year.
Additional meetings may be held upon the call of the chairperson of
the board or at the written request of any four members of the board.
43-7A-6. (a) Those members of the board from the professional
counseling specialty, the social work specialty, and the marriage and
family therapy specialty shall constitute a separate standards com-
mittee for their respective specialty. Each standards committee by
majority vote shall approve or disapprove the granting of all licenses
in that specialty, approve the examination required of applicants for
licensure in that committees specialty and provide for the grading of
that examination, and provide for other matters relating to licensure
in that specialty.
(b) No decision of a standards committee shall become effective
until approved by the board. The board may initiate or otherwise act
regarding any matter in which a standards committee is authorized to
act. No decision of the board regarding a particular specialty shall
become effective without the approval of at least two of the members
of the standards committee for that specialty.
(c) Meetings of a standards committee shall be reimbursed on
the same basis as board meetings.
GEORGIA LAWS 1984 SESSION
1413
43-7A-7. (a) Except as otherwise provided in this chapter, a
person who is not licensed under this chapter shall not advertise that
such person is so licensed nor use the title professional counselor,
social worker, or marriage and family therapist, nor use any words,
letters, titles, or figures indicating or implying that the person is a
professional counselor, social worker, or marriage and family thera-
pist or is licensed under this chapter.
(b) The prohibition of subsection (a) of this Code section shall
not apply to the following persons:
(1) Persons engaged in the practice of any specialty prior to
July 1, 1985, but the prohibition of subsection (a) of this Code
section shall apply to such persons on and after July 1,1987;
(2) Persons licensed to practice medicine or applied psy-
chology under Chapter 34 or 39, respectively, of this title;
(3) Persons engaged in the practice of a specialty as an
employee of any agency or department of the federal government
or any licensed hospital or long-term care facility, but only when
engaged in that practice as an employee of such agency, depart-
ment, hospital, or facility;
(4) Persons who, prior to July 1, 1987, engaged in the
practice of a specialty as an employee of any agency or department
of the state or any of its political subdivisions, but only when
engaged in that practice as an employee of such an agency or
department;
(5) Students of a recognized educational institution who are
preparing to become practitioners of a specialty, but only if the
services they render as such practitioners are under supervision
and direction and their student status is clearly designated by the
title trainee or intern;
(6) Primary, middle, or secondary school social workers
certified as school social workers by the Department of Education
but only in the course of such employment and only when desig-
nated by the title school social worker;
(7) Active members of the clergy but only when the practice
of their specialty is in the course of their service as clergy;
1414
GENERAL ACTS AND RESOLUTIONS, VOL. I
(8) Members of religious ministries responsible to their
established ecclesiastical authority who possess a masters degree
or its equivalent in theological studies;
(9) Persons engaged in the practice of a specialty in accord-
ance with Biblical doctrine in public or nonprofit agencies or
entities or in private practice;
(10) Persons engaged in the practice of a specialty as an
employee of the Department of Family and Children Services but
only when engaged in such practice as an employee of that
department; and
(11) Persons who have obtained a bachelors degree in social
work from a school accredited by the Council on Social Work
Education may use the title social worker.
(c) Unless exempt under paragraph (1), (2), (3), (7), (9), or (11)
of subsection (b) of this Code section, a person who is not licensed
under this chapter shall not practice a specialty for any corporation,
partnership, association, or other business entity which uses in its
corporate, partnership, association, or business name any words,
letters, titles, or figures indicating or implying that such entity or any
of its employees, officers, or agents are practicing a specialty.
43-7A-8. No person shall be eligible for licensure under this
chapter unless such person furnishes satisfactory evidence to the
board of all of the following:
(1) Having met the education, training, and experience
requirements of Code Section 43-7A-11, 43-7A-12, or 43-7A-13
regarding that specialty for which a license is sought;
(2) Having successfully passed the examination established
for that specialty under Code Section 43-7A-9, except that:
(A) Persons practicing a specialty on or before July 1,
1985, who have applied for licensure prior to July 1,1986, and
who meet the requirements of paragraph (1) of this Code
section; and
(B) Persons meeting the requirements of Code Section
43-7A-10, relating to licensure by reciprocity,
GEORGIA LAWS 1984 SESSION
1415
shall not be required to pass such examination;
(3) Having paid any required license fee; and
(4) Having furnished at least two personal references from
supervisors, teachers, or any combination thereof.
43-7A-9. The board shall provide for the conduct of examina-
tions for licensure in each specialty at least twice a year. Examina-
tions may be written, oral, experiential, or any combination thereof
and shall deal with such theoretical and applied fields as prescribed
by the board. The examinees name shall not be disclosed to any
person grading the examination until that grading is complete.
43-7A-10. The board may issue a license without examination to
any applicant licensed in a specialty under the laws of another state or
territory having requirements for licensure in that specialty which are
substantially equal to the licensure requirements for that specialty in
this state if that state or territory accords a similar privilege to
holders of licenses under this chapter.
43-7A-11. (a) The education, experience, and training require-
ments for licensure in professional counseling are as follows:
(1) A doctoral degree from a recognized educational institu-
tion in a program that is primarily counseling in content and
requires at least one year of supervised internship in a work
setting acceptable to the board; or
(2) A specialist degree from a recognized educational insti-
tution in a program that is primarily counseling in content with
supervised internship or practicum and two years of directed
experience with at least one year under supervision in a setting
acceptable to the board; or
(3) A masters degree from a recognized educational institu-
tion in a program that is primarily counseling in content with
supervised internship or practicum and four years of directed
experience with at least one year under supervision in a setting
acceptable to the board. Up to one year of such directed experi-
ence may have been in an approved practicum placement as part
of the degree program.
1416
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) For purposes of subsection (a) of this Code section, work
settings acceptable to the board may include, but are not limited to,
educational, rehabilitation, career development, mental health, com-
munity, or industrial organizations.
43-7A-12. (a) The education, experience, and training require-
ments for licensure in social work are as follows:
(1) For licensure as a masters social worker, a masters
degree in social work from a school accredited by the Council on
Social Work Education and as defined by the board one years
full-time directed experience and as defined by the board one
years full-time supervised experience in the practice of social
work following the granting of that degree; and
(2) For licensure as a clinical social worker:
(A) A masters degree in social work from a school
accredited by the Council on Social Work Education; and
(B) As defined by the board, four years full-time
supervised experience in the practice of social work following
granting of the masters degree, except that one year of
supervised experience may have been in an approved practi-
cum placement as part of a degree program. A doctoral degree
in a specialty, an allied profession, or child and family devel-
opment may substitute for one year of such supervised expe-
rience. At least one year of experience shall have occurred
within two years immediately preceding application for licen-
sure as a clinical social worker, or the applicant shall have met
the continuing education requirement established by the
board for clinical social work during the year immediately
preceding application.
(b) Licensed masters social workers may render or offer to
render to individuals, couples, families, groups, organizations, gov-
ernmental units, or the general public service which is guided by
knowledge of social resources, social systems, and human behavior.
They may provide evaluation, prevention, and intervention services
which include but are not restricted to community organization,
counseling techniques, and supportive services such as administra-
tion, direction, consultation, research, or education. The first two
years of their practice after licensure as a masters social worker shall
GEORGIA LAWS 1984 SESSION
1417
be under direction and may only be in a public or private nonprofit
agency or other licensed private agency approved by the board.
Thereafter, they may engage in private practice, except that those
social workers whose practice includes counseling or
psychotherapeutic techniques may only engage in such practice
under the supervision of a duly qualified supervisor and only for such
period of time as is prescribed for qualification to take the clinical
social work licensing examination. The supervision schedule and
supervisor must be acceptable to the board and must be approved
prior to entering private practice.
(c) Licensed clinical social workers may provide supervision,
direction, psychosocial evaluations, counseling, and psycho-
therapeutic services to individuals, couples, families, and groups,
may interpret the psychosocial dynamics of a situation to individu-
als, couples, families, or groups in such settings as private practice,
health care facilities, and schools, and may provide direct evalua-
tion, prevention, and intervention services in situations threatened
or affected by social and intrapersonal stree or health impairment.
43-7A-13. The education, experience, and training requirements
for licensure in marriage and family therapy are as follows:
(1) A masters degree from a program in any specialty, any
allied profession, applied child and family development, applied
sociology, or from any program accredited by the Commission on
Accreditation for Marriage and Family Therapy Education, which
degree shall have been granted by a recognized educational insti-
tution and, after July 1,1987, shall include a course of study in the
principles and practice of marriage and family therapy; four years
full-time post-masters experience under direction in the practice
of any specialty, one year of which may have been in an approved
internship program before or after the granting of the masters
degree and two years of which shall have been in the practice of
marriage and family therapy; and 200 hours of supervision, 100
hours of which shall have been in the practice of marriage and
family therapy; or
(2) A doctorate degree in a program, which degree and
program shall meet the requirements of paragraph (1) of this Code
section; two years full-time post-masters experience under direc-
tion in the practice of marriage and family therapy, one year of
1418
GENERAL ACTS AND RESOLUTIONS, VOL. I
which may have been in an approved internship program; and 100
hours of supervision in the practice of marriage and family ther-
apy, 50 hours of which may have been obtained while a student or
intern in an accredited doctoral program.
43-7A-14. Application, examination, license, license renewal, and
penalty fees shall be established by the board pursuant to Code
Section 43-1-7.
43-7A-15. Expiration, renewal, and penalty dates for licenses
issued under this chapter shall be established pursuant to Code
Section 43-1-4. No person whose license has expired shall have such
license reinstated without complying with the rules and regulations
regarding reinstatement set forth by the board.
43-7A-16. The board shall establish continuing education
requirements for license renewal. The number of hours of continuing
education in each specialty shall not exceed the number of hours
available that year in each such specialty in board approved courses
within the state. The board may waive these continuing education
requirements for not more than 12 months, but such waiver shall only
be available upon the licensees satisfactory showing to the board of
undue hardship.
43-7A-17. (a) The board shall have the authority to refuse to
grant a license to an applicant therefor or to revoke the license of a
person licensed by the board or to discipline a person licensed by the
board, 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 rules or regulations promul-
gated thereunder; 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 a specialty or on any
document connected therewith; or practiced fraud or deceit or
intentionally made any false statement in obtaining a license to
GEORGIA LAWS 1984 SESSION
1419
practice the specialty; or made a false statement or deceptive
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 paragraph and paragraph (4) of 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 paragraph, 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) First offender treatment without adjudication of
guilt pursuant to the charge was granted; or
(B) An adjudication or sentence was otherwise with-
held or not entered on the charge except with respect to a plea
of nolo contendere.
The plea of nolo contendere or the order entered pursuant to the
provisions of Article 3 of Chapter 8 of Title 42, relating to
probation of first offenders, or other first offender treatment shall
be conclusive evidence of arrest and sentencing for such crime;
(5) Had his license to practice a specialty revoked, sus-
pended, or annulled by any lawful licensing authority other than
the board; or had other disciplinary action taken against him by
any such lawful licensing authority other than the board; or was
denied a license by any such lawful licensing authority other than
the board, pursuant to disciplinary proceedings; or was refused
the renewal of a license by any such lawful licensing authority
other than the board, pursuant to disciplinary proceedings;
(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 the specialty, 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
1420
GENERAL ACTS AND RESOLUTIONS, VOL. I
directly related to the practice of the specialty but shows that the
licensee or applicant has committed any act or omission which is
indicative of bad moral character or untrustworthiness; unprofes-
sional conduct shall also include any departure from, or the failure
to conform to, the minimal standards of acceptable and prevailing
practice of the specialty;
(7) 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 unlawfully a specialty or to practice outside the
scope of any disciplinary limitation placed upon the licensee by
the board;
(8) 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 the specialty, 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;
(9) 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; or
(10) Displayed an inability to practice the specialty with
reasonable skill and safety to the public or has become unable to
practice the specialty with reasonable skill and safety to the public
by reason of illness, use of alcohol, drugs, narcotics, chemicals, or
any other type of material.
(b) The provisions of Chapter 13 of Title 50, the Georgia
Administrative Procedure Act, with respect to emergency action by a
state examining board and summary suspension of a license are
adopted and incorporated by reference into this Code section.
GEORGIA LAWS 1984 SESSION
1421
(c) For purposes of this Code section, the board may obtain,
through subpoena by the joint-secretary, 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 or the laws, rules, or
regulations relating to a specialty, 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;
(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; or
(7) Impose a fine not to exceed $500.00 for each violation of
a law, rule, or regulation relating to the specialty.
(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.
1422
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 Code section.
(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 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.
(3) If a licensee is the subject of a board inquiry, all records
relating to any person who receives services rendered by that
licensee in his capacity as licensee shall be admissible at any
hearing held to determine whether a violation of this chapter has
taken place, regardless of any statutory privilege; provided, how-
ever, that any documentary evidence relating to a person who
received those services 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.
GEORGIA LAWS 1984 SESSION
1423
(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 this chapter or for initiating or conducting
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 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 involving the provisions of subsection (a)
of this Code section shall be immune from civil and criminal liability
for so testifying.
(j) Neither 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 to be a contested case within the meaning of
Chapter 13 of Title 50, 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.
(k) If any licensee or applicant after reasonable notice fails to
appear at any hearing of the board, 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
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 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 or the failure to renew a
license by the end of an established penalty period shall have the
same effect as a revocation of said license, subject to reinstatement in
the discretion of the board. The board may restore and reissue a
license to practice a specialty and, as a condition thereof, may impose
any disciplinary sanction provided by this Code section.
1424
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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) Regulation by the board of a specialty shall not exempt
licensees under this chapter from regulation pursuant to any other
applicable law, including but not limited to Part 2 of Article 15 of
Chapter 1 of Title 10, the Fair Business Practices Act of 1975.
43-7A-18. Whenever it shall appear to the board that any person
is or has been violating any provisions of this chapter or any of the
lawful rules, regulations, or orders of the board, the board, the joint-
secretary, or the appropriate district attorney may file a petition for
injunction in the proper superior court of this state against such
person for the purpose of enjoining any such violation. It shall not be
necessary to allege or prove that there is no adequate remedy at law.
The right of injunction provided for in this Code section shall be in
addition to any other legal remedy available, including but not
limited to any right of criminal prosecution provided by law.
43-7A-19. It shall be unlawful for a person to obtain or attempt to
obtain a license under this chapter by fraudulent representation.
43-7A-20. Any person violating Code Section 43-7A-19 or Code
Section 43-7A-7 shall be guilty of a misdemeanor and, upon convic-
tion thereof, shall be punished by a fine of not less than $100.00 nor
more than $1,000.00 for each offense and, in addition, may be
imprisoned for a term not to exceed 12 months.
43-7A-21. (a) No corporation, partnership, association, or
other business entity may use in its corporate, partnership, associa-
tion, or business name any term or title restricted under subsection
(a) of Code Section 43-7A-7 or the term professional counseling,
social work, or marriage and family therapy, or any words, letters,
titles, or figures indicating or implying that such entity or any of its
employees, officers, or agents are practicing a specialty regulated
under this Act, unless each person practicing a specialty in that
entity, except those persons exempt under paragraph (1), (2), (3), or
(9) of subsection (b) of Code Section 43-7A-7, is licensed under this
chapter.
GEORGIA LAWS 1984 SESSION
1425
(b) Any corporation, partnership, association, or other business
entity which violates subsection (a) of this Code section shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine not less than $500.00 nor more than $1,000.00 for each offense.
43-7A-22. Nothing in this chapter shall be construed to autho-
rize persons licensed under this chapter to practice nursing, occupa-
tional therapy, physical therapy, medicine, applied psychology, or
recreational therapy, as regulated under Chapters 26, 28, 33, 34, 39,
and 41, respectively, of this title nor shall anything in this chapter be
construed to limit or regulate the practice of those licensed under said
Chapters 26, 28, 33, 34, 39, and 41 of this title, nor shall anything in
this chapter be construed to authorize persons licensed under this
chapter to perform psychological testing.
43-7A-23. Nothing in this chapter shall be construed to mandate
insurance coverage or reimbursement for specialty practitioners
licensed under this chapter.
43-7A-24. 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 Composite Board of
Professional Counselors, Social Workers, and Marriage and Family
Therapists 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 only when the funds
necessary to carry out its purposes are appropriated by the General
Assembly.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
1426
GENERAL ACTS AND RESOLUTIONS, VOL. I
SOCIAL SERVICES PUBLIC ASSISTANCE
DEFINITION OF DEPENDENT CHILD CHANGED.
Code Section 49-4-101 Amended.
No. 1304 (House Bill No. 152).
AN ACT
To amend Code Section 49-4-101 of the Official Code of Georgia
Annotated, relating to definitions as used in the Aid to Dependent
Children Act, so as to change the definition of dependent child; to
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 49-4-101 of the Official Code of Georgia
Annotated, relating to definitions as used in the Aid to Dependent
Children Act, is amended by striking paragraph (2) of said Code
section in its entirety and inserting in lieu thereof a new paragraph (2)
to read as follows:
(2) Dependent child means a needy child under the age of 18
years:
(A) (i) Who is in attendance in a public school, private
school, or vocational school or who, due to disability or illness,
is unable to attend school;
(ii) Who has been deprived of parental support or care by
reason of the death, continued absence from the home, or
physical or mental incapacity of a parent and whose relatives
are not able to provide adequate care and support of such
child without public assistance; and
(iii) Who is living with his father, mother, grandfather,
grandmother, brother, sister, stepfather, stepmother, step-
brother, stepsister, uncle, guardian, or aunt in a place of
residence maintained by one or more of such relatives as his
or their own home; provided, however, that in the event a
GEORGIA LAWS 1984 SESSION
1427
child receiving assistance ceases to live with one of the
relatives specified in this division due to the death of such
relative or other emergency, the childs status as a dependent
child shall continue for a temporary period during such
emergency. Dependent child also includes a child who other-
wise meets the criteria of the definition of a dependent child
except for his removal from the home of a relative specified in
this subparagraph as a result of a judicial determination to
the effect that continued living therein would be detrimental
to the welfare of the child; for whose placement and care the
department is responsible; who has been placed in a foster
family home as a result of such determination; and who
received aid to dependent children for the month in which
court proceedings leading to such determination were initi-
ated; or
(B) Who is in attendance in a public school, private school,
or vocational school or who, due to disability or illness, is unable to
attend school, and who is living with both parents but the parent
who is the principal wage earner, as defined in 45 C.F.R. 233.100, is
not able to provide adequate care and support of such child
without public assistance. In order for a child to meet the criteria
of the definition of dependent child as set forth in this subpara-
graph, the principal wage earner shall have been unemployed for a
period of at least 30 days, shall not have refused, within that
period, a bona fide offer of employment or training for employ-
ment, and shall have a previous history of working or of having
received or been qualified to receive unemployment compensa-
tion, but shall not then be receiving such unemployment compen-
sation; the principal wage earner shall be deemed to be unem-
ployed if that person is employed less than 100 hours per month or
is only intermittently or temporarily employed 100 or more hours
per month, but such unemployment shall not be by reason of
participation in a labor dispute; the principal wage earner shall be
registered with the state employment office; and the principal
wage earner shall be certified for participation in a work incentive
program not later than 30 days after meeting the requirements of
this subparagraph. Nothing in this subparagraph shall be con-
strued to establish requirements for dependent children or princi-
pal wage earners which would result in the denial of federal
financial participation for payments to dependent children made
pursuant to this subparagraph.
1428
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. This Act shall become effective when funds become
available.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
HEALTH RADIATION CONTROL DEPARTMENT OF
HUMAN RESOURCES AUTHORIZED TO COLLECT CIVIL
PENALTIES IN CERTAIN CASES.
Code Section 31-13-15 Amended.
No. 1305 (House Bill No. 457).
AN ACT
To amend Chapter 13 of Title 31 of the Official Code of Georgia
Annotated, relating to radiation control, so as to provide the Depart-
ment of Human Resources with the authority to impose and collect
civil penalties for violations of rules and regulations promulgated
under Chapter 13 or for violation of any orders issued thereunder; to
provide for procedural requirements; 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 13 of Title 31 of the Official Code of Georgia
Annotated, relating to radiation control, is amended by striking Code
Section 31-13-15, relating to penalties, in its entirety and inserting in
lieu thereof a new Code Section 31-13-15 to read as follows:
31-13-15. (a) Any person who violates the provisions of Code
Section 31-13-7 or any rule or regulation promulgated thereunder, or
who violates the provisions of Code Section 31-13-14, or who hinders,
GEORGIA LAWS 1984 SESSION
1429
obstructs, or otherwise interferes with any representative of the
department in the discharge of his official duties in making inspec-
tions as provided in Code Section 31-13-5 or in impounding materials
as provided in Code Section 31-13-11 shall be guilty of a misde-
meanor.
(b) (1) Any person who:
(A) Violates any licensing or registration provision of
this chapter or any rule, regulation, or order issued under this
chapter or any term, condition, or limitation of any license or
registration certificate under this chapter; or
(B) Commits any violation for which a license or regis-
tration certificate may be revoked under rules or regulations
issued pursuant to this chapter
may be subject to a civil penalty, to be imposed by the depart-
ment, not to exceed $1,000.00. If any violation is a continu-
ing one, each day of such violation shall constitute a sepa-
rate violation for the purpose of computing the applicable
civil penalty.
(2) Whenever the department proposes to subject a person
to the imposition of a civil penalty under this subsection, it shall
notify such person in writing:
(A) Setting forth the date, facts, and nature of each act
or omission with which the person is charged;
(B) Specifically identifying the particular provision or
provisions of the Code section, rule, regulation, order, license,
or registration certificate involved in the violation; and
(C) Advising of each penalty which the department
proposes to impose and its amount.
Such written notice shall be sent by registered or certified mail by
the department to the last known address of such person.
The person so notified shall be granted an opportunity to
show in writing, within such reasonable period as the
department shall by rule or regulation prescribe, why such
penalty should not be imposed. The notice shall also advise
1430
GENERAL ACTS AND RESOLUTIONS, VOL. I
such person that, upon failure to pay the civil penalty
subsequently determined by the department, if any, the
penalty may be collected by civil action. Any person upon
whom a civil penalty is imposed may appeal such action
pursuant to Chapter 13 of Title 50, the Georgia Adminis-
trative Procedure Act.
(3) On the request of the department, the Attorney General
is authorized to institute a civil action to collect a penalty imposed
pursuant to this subsection. The Attorney General shall have the
exclusive power to compromise, mitigate, or remit such civil
penalties as are referred to him for collection.
(4) All moneys collected from civil penalties shall be paid to
the state for deposit in the general fund.
Section 2. This Act shall become effective upon its approval by
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 4,1984.
ELECTIONS VOTER REGISTRATION PLACES
DUTY OF STATE ELECTION BOARD TO ADOPT
RULES.
Code Section 21-2-218 Amended.
No. 1306 (House Bill No. 1172).
AN ACT
To amend Code Section 21-2-218 of the Official Code of Georgia
Annotated, relating to the main office of the board of registrars and
GEORGIA LAWS 1984 SESSION
1431
other designated locations, so as to provide that the State Election
Board shall adopt rules and regulations governing the selection of
voter registration places; to provide that boards of registrars may not
adopt rules nor utilize procedures inconsistent with such rules and
regulations; to provide an effective date; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 21-2-218 of the Official Code of Georgia
Annotated, relating to the main office of the board of registrars and
other designated locations, is amended by adding at the end thereof a
new subsection (g) to read as follows:
(g) The State Election Board shall adopt rules and regulations
setting forth criteria governing the selection of voter registration
places in conformity with the provisions of subsection (f) of this Code
section. Boards of registrars shall not adopt rules nor utilize proce-
dures inconsistent with such rules and regulations adopted by the
State Election Board, provided, however, that nothing contained
herein shall supersede the ultimate authority of local boards in
selecting additional voter registration sites.
Section 2. This Act shall become effective upon its approval by
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 4,1984.
1432
GENERAL ACTS AND RESOLUTIONS, VOL. I
LOCAL GOVERNMENT 4* COPIES OF SUBMISSIONS
TO UNITED STATES DEPARTMENT OF JUSTICE TO
BE FURNISHED ATTORNEY GENERAL, ETC.
Code Section 36-60-11 Enacted.
No. 1307 (House Bill No. 1418).
AN ACT
To amend Chapter 60 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions applicable to counties and
municipal corporations, so as to provide that a copy of any submission
made by a county, municipality, or local board of education to the
United States Department of Justice pursuant to Section 5 of the
federal Voting Rights Act of 1965 shall be transmitted to the Attorney
General; to authorize the Attorney General to review and comment on
the adequacy of such submission and to assist the county, municipal-
ity, or local board of education in making such submission; 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 60 of Title 36 of the Official Code of Georgia
Annotated, relating to general provisions applicable to counties and
municipal corporations, is amended by adding at the end thereof a
new Code Section 36-60-11 to read as follows:
36-60-11. (a) Whenever any county, municipality, or local
board of education of this state takes any action which must be
submitted for review to the United States Department of Justice
pursuant to Section 5 of the federal Voting Rights Act of 1965, as
amended, 42 U.S.C., Section 1973c., a copy of such submission shall
be transmitted to the Attorney General.
(b) Whenever any county, municipality, or local board of educa-
tion is required to submit a local Act of the General Assembly to the
United States Department of Justice for review pursuant to Section 5
of the federal Voting Rights Act of 1965, as amended, 42 U.S.C.,
Section 1973c., a copy of such submission shall be submitted to the
Attorney General.
GEORGIA LAWS 1984 SESSION
1433
(c) The Attorney General shall be authorized to review and
comment to the county, municipality, or local board of education on
the adequacy of a submission received by that officer pursuant to
subsection (a) or (b) of this Code section. The Attorney General shall
be further authorized to assist any county, municipality, or local
board of education in the preparation of a submission to the United
States Department of Justice.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 4,1984.
ADOPTION ACCESS TO RECORDS BY
DEPARTMENT OF HUMAN RESOURCES.
Code Section 19-8-18 Amended.
No. 1308 (House Bill No. 309).
AN ACT
To amend Chapter 8 of Title 19 of the Official Code of Georgia
Annotated, relating to adoption, so as to allow the Department of
Human Resources to petition the Superior Court of Fulton County to
have access to its records in special 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. Chapter 8 of Title 19 of the Official Code of Georgia
Annotated, relating to adoption, is amended by striking Code Section
19-8-18, relating to records of adoption and the examination or use of
such records, in its entirety and inserting in lieu thereof a new Code
Section 19-8-18 to read as follows:
1434
GENERAL ACTS AND RESOLUTIONS, VOL. I
19-8-18. (a) The original petition, all amendments and
exhibits thereto, all motions, documents, affidavits, records, and
testimony filed in connection therewith, and all decrees or orders of
any kind whatsoever, except the original investigation report of the
investigating agent as provided for in Code Section 19-8-11, shall be
recorded in a book kept for that purpose and properly indexed; and
the book shall be part of the records of the court in each county which
has jurisdiction over matters of adoption in that county. All of the
records, including the docket book, of the court granting the adop-
tion, of the Department of Human Resources, and of the licensed
child-placing agency that relate in any manner to the adoption shall
be kept sealed and locked. The records may only be examined by the
parties at interest in the adoption and their attorneys when, after
written petition has been presented to the court having jurisdiction
with not less than ten days written notice to the Department of
Human Resources and the appropriate licensed child-placing agency,
the matter has come on before the court in chambers and the court
has entered an order permitting such examination.
(b) The Department of Human Resources or the licensed child-
placing agency may in its sole discretion make use of any information
contained in the records of the respective department or agency
relating to the adoptive parents in connection with a subsequent
adoption matter involving the same adoptive parents.
(c) The Department of Human Resources may, in its sole discre-
tion, petition the Superior Court of Fulton County to obtain a court
order to make use of any information contained in its records on a
child when an adoption disrupts after finalization and when such
records are required for the permanent placement of such child.
(d) Upon the request of a party at interest in the adoption or of a
provider of medical services to such a party when certain information
is necessary because of a medical emergency or for medical diagnosis
or treatment, the Department of Human Resources may, in its sole
discretion, petition the Superior Court of Fulton County to obtain
access to its own records on finalized adoptions for the purpose of
adding subsequently obtained medical information or to release
nonidentifying medical information contained in its records on such
adopted persons.
(e) Records relating in any manner to adoption shall not be open
to the general public for inspection.
GEORGIA LAWS 1984 SESSION
1435
Section 2. This Act shall become effective upon its approval by
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 4,1984.
CRIMES AND OFFENSES BAD CHECKS
SERVICE CHARGE ALLOWABLE CHANGED.
Code Section 16-9-20 Amended.
No. 1309 (House Bill No. 1197).
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 change the
service charge allowable for bad checks; 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 (2) of subsection (a) thereof and inserting in its place a new
paragraph to read as follows:
(2) Payment was refused by the drawee for lack of funds upon
presentation within 30 days after delivery and the accused or some-
one for him shall not have paid the holder thereof the amount due
thereon, together with a service charge not to exceed $15.00 or 5
percent of the face amount of the instrument, whichever is greater,
within ten days after receiving written notice that payment was
refused upon such instrument. For purposes of this paragraph:
1436
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Notice mailed by certified or registered mail evidenced
by return receipt to the address printed on the instrument or given
at the time of issuance shall be deemed sufficient and equivalent
to notice having been received by the person making, drawing,
uttering, or delivering the instrument; and
(B) The form of notice shall be substantially as follows:
You are hereby notified that a check or instrument
numbered_________, issued by you on___________
(date), drawn upon___________(name of bank),
and payable to__________, has been dishonored.
Pursuant to Georgia law, you have ten days
from receipt of this notice to tender payment of
the full amount of the check or instrument plus
a service charge of $15.00 or 5 percent of the face
amount of the check, whichever is greater, the
total amount due being___________dollars and
_______cents. Unless this amount is paid in full
within the specified time above, the holder of
the check or instrument may turn over the
dishonored check or instrument and all other
available information relating to this incident to
the district attorney or solicitor for criminal
prosecution.; or
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
GEORGIA LAWS 1984 SESSION
1437
AD VALOREM TAXATION OF PROPERTY gsi
EXEMPTION FOR EDUCATIONAL PURPOSES OF
CERTAIN HOMESTEADS.
Code Section 48-5-52 Amended.
No. 1310 (House Bill No. 1166).
AN ACT
To amend Code Section 48-5-52 of the Official Code of Georgia
Annotated, relating to exemption from ad valorem taxation for
educational purposes of homesteads of qualified individuals 62 years
of age or over, so as to provide that, after the owner of a homestead
has filed an affidavit and has been allowed the exemption, it shall not
be necessary to make application and file thereafter for any year and
the exemption shall continue to be allowed to such owner; to provide
that it shall be the duty of any such owner to notify the tax
commissioner or tax receiver in the event such owner becomes ineligi-
ble for any reason for such exemption; to 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 48-5-52 of the Official Code of Georgia
Annotated, relating to exemption from ad valorem taxation for
educational purposes of homesteads of qualified individuals 62 years
of age or over, is amended by striking subsection (b) in its entirety and
inserting in lieu thereof a new subsection (b) to read as follows:
(b) (1) The exemption provided for in subsection (a) of this
Code section shall not be granted unless an affidavit of the owner
of the homestead, prepared upon forms prescribed by the commis-
sioner for that purpose, is filed with either the tax receiver or tax
commissioner, in the case of residents of county school districts, or
with the governing authority of the owners city, in the case of
residents of independent school districts.
(2) The affidavit shall show the:
1438
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Age of the owner on January 1 immediately preced-
ing the filing of the affidavit;
(B) Total amount of income received by the owner from
all sources during the immediately preceding calendar year;
(C) Total amount of income received from all sources
by each individual member of the owners family residing
within the homestead; and
(D) Such additional information as may be required by
the commissioner.
(3) Copies of all affidavits received or extracts of the infor-
mation contained in the affidavits shall be forwarded to the
commissioner by the various taxing authorities with whom the
affidavits are filed. The commissioner is authorized to compare
such information with information contained in any income tax
return, sales tax return, or other tax documents or records of the
department and to report immediately to the appropriate county
or city taxing authority any apparent discrepancies between the
information contained in any affidavit and the information con-
tained in any other tax records of the department.
(4) After the owner has filed the affidavit and has been
allowed the exemption provided for in this Code section, it shall
not be necessary to make application and file the affidavit
thereafter for any year and the exemption shall continue to be
allowed to such owner; provided, however, that it shall be the duty
of any such owner to notify the tax commissioner or tax receiver in
the event the owner becomes ineligible for any reason for the
exemption provided for in 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 April 5,1984.
GEORGIA LAWS 1984 SESSION
1439
UNIFORM PARTNERSHIP ACT ENACTED.
Code Title 14, Chapter 8 Amended.
No. 1311 (Senate Bill No. 389).
AN ACT
To amend Title 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, so as to
revise, modernize, and supersede the laws of Georgia relating to
partnerships; to adopt the Uniform Partnership Act; to provide for
a short title; to provide for definitions; to provide for interpretation
and rules of construction; to provide for the creation, existence,
operation, rights, obligations, powers, duties, property, agents, liabili-
ties, books, records, practices, procedures, terms, interests, dissolu-
tion, termination, and winding up of partnerships, partners, pur-
ported partners, and agents thereof; to provide for actions; to provide
for distributions; to provide for other matters relative to partner-
ships; 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 14 of the Official Code of Georgia Annotated,
relating to corporations, partnerships, and associations, is amended
by striking Chapter 8, relating to partnerships generally, in its
entirety and inserting in lieu thereof a new Chapter 8 to read as
follows:
CHAPTER 8
14-8-1. This chapter may be cited as the Uniform Partnership
Act.
14-8-2. As used in this chapter, the term:
(1) Bankrupt means a person who is the subject of:
(A) The entry of an order for relief under Section
303(h) of the Bankruptcy Code (11 U.S.C. Section 303(h)) or
the filing of a petition for voluntary bankruptcy under Sec-
1440
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion 301 of the Bankruptcy Code (11 U.S.C. Section 301) as
these provisions may be now or hereafter amended; or
(B) An equivalent order or petition under any successor
statute or code of general application; or
(C) An equivalent order or petition under any state
insolvency Act.
(2) Business includes every trade, occupation, or profes-
sion.
(3) Conveyance includes every assignment, deed, transfer,
lease (including the creation of a usufruct), mortgage or pledge of
tangible, intangible or real property, and also the creation or
cancellation of any lien, encumbrance, or security title.
(4) Court includes every court and judge having jurisdic-
tion in the case.
(5) Interest means interest at the legal rate which applies
where the rate percent is not named in the contract as provided by
Code Section 7-4-2 or any successor statute.
(6) Person includes a natural person, partnership, limited
partnership (domestic or foreign), trust, estate, association or
corporation. Any person may be a partner unless the person lacks
capacity apart from this chapter.
(7) Real property includes any estate or interest, including
usufructory interests, in, over or under land, including minerals,
structures, fixtures and other things which by custom, usage, or
law pass with a conveyance of land though not described or
mentioned in an instrument of conveyance or in a contract to
make such a conveyance.
14-8-3. (a) A person has knowledge of a fact within the mean-
ing of this chapter not only when such person has actual knowledge
thereof, but also when he has knowledge of such other facts as in the
circumstances shows bad faith.
(b) A person has notice of a fact within the meaning of this
chapter when the person who claims the benefit of the notice:
GEORGIA LAWS 1984 SESSION
1441
(1) States the fact to such person; or
(2) Delivers through the mail, or by other means of com-
munication, a written statement of the fact to such person or to a
proper person at his place of business or residence.
14-8-4. (a) The rule that statutes in derogation of the common
law are to be strictly construed shall have no application to this
chapter.
(b) The law of estoppel shall apply under this chapter.
(c) The law of agency shall apply under this chapter.
(d) This chapter shall be so interpreted and construed as to
effect its general purpose to make uniform the law of those states
which enact it.
(e) This chapter shall not be construed so as to impair the
obligations of any contract existing when this chapter goes into effect,
nor to affect any action or proceedings begun or right accrued before
this chapter takes effect.
(f) This chapter being a general act intended as a unified cover-
age of its subject matter, no part of it shall be deemed to be impliedly
repealed by subsequent legislation if that construction can reasonably
be avoided.
(g) The validity of an instrument executed on behalf of the
partnership by a partner shall not be affected by the formality with
which the partnership contract was executed.
14-8-5. In any case not provided for in this chapter, the other
provisions of this Code and the rules of common law and equity shall
govern.
14-8-6. (a) A partnership is an association of two or more
persons to carry on as co-owners a business for profit.
(b) But any association formed under any other statute of this
state, or any statute adopted by authority, other than the authority of
this state, is not a partnership under this chapter, unless such
association would have been a partnership in this state prior to the
1442
GENERAL ACTS AND RESOLUTIONS, VOL. I
adoption of this chapter; but this chapter shall apply to limited
partnerships except insofar as the statutes relating to such partner-
ships are inconsistent with this chapter.
14-8-7. In determining whether a partnership exists, the follow-
ing rules shall apply:
(1) Except as provided by Code Section 14-8-16 persons
who are not partners as to each other are not partners as to third
persons;
(2) Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property, or part ownership
does not of itself establish a partnership, whether such co-owners
do or do not share any profits made by the use of the property;
(3) The sharing of gross returns does not of itself establish a
partnership, whether or not the persons sharing them have a joint
or common right or interest in any property from which the
returns are derived;
(4) The receipt by a person of a share of the profits of a
business is prima facie evidence that he is a partner in the
business; provided, however, that no such inference shall be drawn
if profits were received in payment of the following, even though
the amount of payment varies with the profits of the business:
(A) A debt, whether by installments or otherwise;
(B) Wages, salary, or other compensation to an
employee or independent contractor;
(C) Rent to a landlord;
(D) An annuity or other payment to a surviving spouse
or representative of a deceased partner;
(E) Interest or other payment or charge on a loan;
(F) Consideration for the sale of good will of a business
or other property, whether by installments or otherwise.
GEORGIA LAWS 1984 SESSION
1443
14-8-8. (a) Subject to subsection (d) of this Code section, prop-
erty, whether real or personal, is presumed to be partnership property
where:
(1) It is included as such in the agreement of partnership or
described in any recorded statement of partnership under Code
Section 14-8-10A; or
(2) It is acquired in the partnership name.
(b) Subject to subsection (d) of this Code section, property is
presumed to be partnership property if it is purchased with partner-
ship funds even though the title or other interest is acquired in the
name of an individual partner or partners.
(c) Subject to paragraph (1) of subsection (a) and subsection (d)
of this Code section, where property is acquired in the name of an
individual partner or partners without use of partnership funds the
property shall be presumed to be the separate property of that
individual partner or partners even though the property was used for
partnership purposes.
(d) Real property and other property held of public record
otherwise than in the partnership name, the ownership of which is
customarily publicly recorded, shall not be deemed to be partnership
property to the prejudice of a person who is not a partner and who did
not have actual knowledge to the contrary.
(e) Where property was partnership property under a predeces-
sor partnership, the business of which was continued under a new or
reconstituted partnership, the presumption of subsection (c) of this
Code section shall not be applicable and whether such property is to
be considered partnership property of the new partnership or the
separate property of the surviving members of the predecessor part-
nership shall be determined on the basis of the intention of the
parties.
(f) Any estate in real property may be acquired in the partner-
ship name and title to any estate so acquired shall vest in the
partnership itself rather than in the partners individually. Title may
be conveyed in accordance with Code Section 14-8-10.
1444
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) A conveyance to a partnership in the partnership name,
though without words of inheritance, passes the entire estate of the
grantor unless a contrary intent appears.
14-8-9. Subject to the provisions of Code Section 14-8- 10A:
(1) Every partner is an agent of the partnership for the
purpose of its business, and the act of every partner, including the
execution in the partnership name of any instrument, for appar-
ently carrying on in the usual way the business of the partnership
of which he is a member binds the partnership, unless the partner
so acting has in fact no authority to act for the partnership in the
particular matter, and the person with whom he is dealing has
knowledge of the fact that he has no such authority;
(2) An act of a partner which is not apparently for the
carrying on of the business of the partnership in the usual way
does not bind the partnership unless authorized by the other
partners in the partnership agreement, at the time of the transac-
tion or at any other time;
(3) Unless authorized by the other partners or unless they
have abandoned the business, one or more but less than all the
partners have no authority to:
(A) Assign the partnership property in trust for credi-
tors or on the assignees promise to pay the debts of the
partnership;
(B) Dispose of the good-will of the business;
(C) Do any other act which would make it impossible to
carry on the ordinary business of a partnership;
(D) Confess a judgment;
(E) Submit a partnership claim or liability to arbitra-
tion or reference;
(4) No act of a partner in contravention of a restriction on
authority shall bind the partnership to persons having knowledge
of the restriction.
GEORGIA LAWS 1984 SESSION
1445
14-8-10. (a) Where title to real property is in the partnership
name, any partner may convey title to such property by a conveyance
executed in the partnership name; but the partnership may recover
such property if the partnership proves that the partners act did not
bind the partnership under the provisions of Code Section 14-8-9,
unless such property has been conveyed by the grantee or a person
claiming through such grantee to a holder for value without knowl-
edge that the partner, in making the conveyance, has exceeded his
authority.
(b) Where title to real property is in the name of one or more but
not all the partners, and the record does not disclose the right of the
partnership, the partners in whose name the title stands may convey
title to such property, but the partnership may recover such property
if the partnership proves that the partners act did not bind the
partnership under the provisions of Code Section 14-8-9, unless the
purchaser or his assignee is a holder for value without knowledge.
(c) Where title to real property is in the name of one or more or
all the partners, or in a third person in trust for the partnership, a
conveyance executed by a partner in the partnership name, or in his
own name, passes the equitable interest of the partnership unless the
partnership proves that the act was not one within the authority of
the partner under the provisions of Code Section 14-8-9.
(d) Where the title to real property is in the names of all the
partners a conveyance executed by all the partners passes all their
rights in such property.
14-8-10A. (a) A statement of partnership in the name of the
partnership, signed by all of the partners or by any partner who is
authorized in the partnership agreement to do so on behalf of the
partnership, and witnessed and notarized, may be recorded in the
office of the clerk of the superior court of any county and shall be
recorded by such clerk in a book to be kept for that purpose and open
to public inspection. If the partnership shall desire to file such a
statement in more than one county, a transcript of the statement,
duly certified by the clerk in whose office it was originally filed, under
such clerks official seal, shall be filed and recorded in like manner in
the office of the clerk of the superior court in every such county. As a
prerequisite to such filing, the clerk of each such registry may collect a
fee in the amount of the fee then allowed for the filing of certificates
of limited partnerships.
1446
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A statement of partnership shall state:
(1) The name of the partnership;
(2) The location of the principal place of business of the
partnership, if any;
(3) The names and places of residence of all of the partners;
(4) The term for which the partnership is to exist, or that it
is to exist until terminated by law or according to its provisions;
(5) Any limitations on the authority of one or more partners
to act on behalf of the other partners or the partnership, beyond
that authority defined in this chapter, which the partnership
desires to disclose;
(6) Any authority beyond that defined in this chapter on the
part of one or more partners to act on behalf of the other partners
or the partnership which the partnership desires to disclose;
(7) Any property (including real property) belonging to the
partnership, even if not titled in the name of the partnership,
which the partnership desires to disclose; provided that, with
respect to real property, the statement shall specifically refer by
both book and page to the place wherein the instrument last
conveying such real property is recorded and all clerks of the
superior courts filing such statement shall make appropriate
cross-references in the appropriate indices between such state-
ment and such instrument. Title to all real property so described
and cross-referenced shall be deemed to be held in the partnership
name from the date of the filing of such statement without the
necessity for any separate instrument of conveyance;
(8) If the partnership or the partnership business has been
continued despite the death or withdrawal of any partner by
reason of an agreement provided for in Code Section 14-8-31 or 14-
8-38, the statement or any amendment thereto may state the
name and date of death or withdrawal of such deceased or
withdrawing (whether voluntarily or involuntarily, according to
the terms of the agreement) partner and that the partnership or
the partnership business was continued despite such death or
withdrawal because of the existence of such agreement.
GEORGIA LAWS 1984 SESSION
1447
(c) A statement of partnership may state such other matters as
the partnership may desire to disclose.
(d) The information referred to in subsections (b) and (c) of this
Code section may be provided in whole or in part by recording a
partnership agreement as the statement of partnership.
(e) A statement of partnership may be amended at any time and
for any proper purpose the partners may determine by instrument
executed and recorded in the same manner as such statement. Such
instrument shall set forth:
(1) The name of the partnership;
(2) The date or dates of filing of the statement of partner-
ship and any prior amendments thereto;
(3) The place or places (by reference to book and page)
wherein the statement of partnership and any prior amendments
thereto are recorded; and
(4) The amendment to the statement of partnership.
(f) It shall be conclusively presumed against the partnership
that the persons named as partners in a statement of partnership are
members of the partnership named, that they are all of the members
of the partnership, that the partners have the authority disclosed by
this statement, that there are no limitations on this authority beyond
those contained in this chapter other than those disclosed in this
statement, that any partner stated to be dead is deceased, that any
partner stated to have withdrawn has withdrawn from the partner-
ship and that the partnership was not dissolved by reason of such
death or withdrawal, unless there is recorded by anyone claiming to
be a partner, or a personal representative, whether executor, adminis-
trator, guardian, or conservator, of such partner, a statement of
partnership, verified and acknowledged by the person executing it,
which shall set forth the name of the partnership, a statement that
such person claims to be a member of such partnership, or a personal
representative of such member, or a statement that any of the persons
named in a previously recorded statement of partnership are not
members of such partnership, or a statement that any of the other
facts stated in a previously recorded statement of partnership are not
true.
1448
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) The existence of the facts described in subsection (f) of this
Code section shall be conclusively presumed in favor of the partner-
ship and against a grantee from the partnership of partnership real
property located in a county in which a statement of partnership or a
certified copy thereof has been recorded. It shall also be conclusively
presumed in favor of the partnership and against such a grantee that
a partners authority to act for the partnership is limited as provided
in a statement of partnership.
14-8-11. An admission or representation made by any partner
concerning partnership affairs within the scope of his authority is
evidence against the partnership.
14-8-12. Notice to any partner of any matter relating to partner-
ship affairs, and the knowledge of the partner acting in the particular
matter, acquired while a partner or then present to his mind, and the
knowledge of any other partner who reasonably could and should
have communicated it to the acting partner operate as notice to or
knowledge of the partnership, except in the case of a fraud on the
partnership committed by or with the consent of that partner.
14-8-13. Where, by any wrongful act or omission of any partner
acting in the ordinary course of the business of the partnership or
with the authority of his copartners, loss or injury is caused to any
person, not being a partner in the partnership, or any penalty is
incurred, the partnership is liable therefor to the same extent as the
partner so acting or omitting to act.
14-8-14. The partnership is bound to make good the loss:
(1) Where one partner acting within the scope of his appar-
ent authority receives money or property of a third person and
misapplies it; and
(2) Where the partnership in the course of its business
receives money or property of a third person and the money or
property so received is misapplied by any partner while it is in the
custody of the partnership.
14-8-15. All partners are jointly and severally liable for all debts
and obligations of the partnership.
GEORGIA LAWS 1984 SESSION
1449
14-8-16. (a) When a person, by words spoken or written or by
conduct, represents himself, or consents to another representing him
to any one, as a partner in an existing partnership or with one or more
persons not actual partners, he is liable to any such person to whom
such representation has been made, who has, on the faith of such
representation, given credit to the actual or apparent partnership,
and if he has made such representation or consented to its being made
in a public manner he is liable to such person, whether the representa-
tion has or has not been made or communicated to such person so
giving credit by or with the knowledge of the apparent partner
making the representation or consenting to its being made.
(1) When a partnership liability results, he is liable as
though he were an actual member of the partnership.
(2) When no partnership liability results, he is liable jointly
with the other persons, if any, so consenting to the contract or
representation as to incur liability, otherwise separately.
(b) When a person has been thus represented to be a partner in
an existing partnership, or with one or more persons not actual
partners, he is an agent of the persons consenting to such representa-
tion to bind them to the same extent and in the same manner as
though he were a partner in fact, with respect to persons who rely
upon the representation. Where all the members of the existing
partnership consent to the representation, a partnership act or obli-
gation results; but in all other cases it is the joint act or obligation of
the person acting and the persons consenting to the representation.
14-8-17. A person admitted as a partner into an existing partner-
ship is liable for all the obligations of the partnership arising before
his admission as though he had been a partner when such obligations
were incurred, except that this liability shall be satisfied only out of
partnership property.
14-8-18. The rights and duties of the partners in relation to the
partnership shall be determined, subject to any agreement between
them, by the following rules: v
(1) Each partner shall be repaid his contributions, whether
by way of capital or advances to the partnership property and
share equally in the profits and surplus remaining after all liabili-
ties, including those to partners, are satisfied; and must contribute
1450
GENERAL ACTS AND RESOLUTIONS, VOL. I
towards the losses, whether of capital or otherwise, sustained by
the partnership according to his share in the profits;
(2) The partnership must indemnify every partner in
respect of payments made and personal liabilities reasonably
incurred by him in the ordinary and proper conduct of its busi-
ness, or for the preservation of its business or property;
(3) A partner, who in aid of the partnership makes any
payment or advance beyond the amount of capital which he
agreed to contribute, shall be paid interest from the date of the
payment or advance;
(4) A partner shall receive interest on the capital contrib-
uted by him only from the date when repayment should be made;
(5) All partners have equal rights in the management and
conduct of the partnership business;
(6) No partner is entitled to remuneration for acting in the
partnership business, except that a surviving partner is entitled to
reasonable compensation for his services in winding up the part-
nership affairs;
(7) No person can become a member of a partnership with-
out the consent of all the partners;
(8) Any difference arising as to ordinary matters connected
with the partnership business may be decided by a majority of the
partners; but no act in contravention of any agreement between
the partners may be done rightfully without the consent of all the
partners.
14-8-19. The partnership books shall be kept, subject to any
agreement between the partners, at the principal place of business of
the partnership, and every partner shall at all times have access to
and may inspect and copy any of them.
14-8-20. Partners shall render, to the extent the circumstances
render it just and reasonable, true and full information of all things
affecting the partners to any partner and to the legal representative of
any deceased partner or of any partner under legal disability.
GEORGIA LAWS 1984 SESSION
1451
14-8-21. (a) Every partner must account to the partnership for
any benefit, and hold as trustee for it any profits derived by him
without the consent of the other partners from any transaction
connected with the formation, conduct, or liquidation of the partner-
ship or from any use by him of its property.
(b) This Code section applies also to the representatives of a
deceased partner engaged in the liquidation of the affairs of the
partnership as the personal representatives of the last surviving
partner.
14-8-22. In addition to the remedies or methods of dispute
resolution provided for in the partnership agreement, any partner
shall have the right to a formal accounting as to partnership affairs:
(1) If he is wrongfully excluded from the partnership busi-
ness or possession of its property by his copartners;
(2) If the right exists under the terms of any agreement;
(3) If the right exists under Code Section 14-8-21; or
(4) Whenever other circumstances render it just and rea-
sonable.
14-8-23. (a) When a partnership for a fixed term or particular
undertaking is continued after the termination of such term or
particular undertaking without any express agreement, the rights and
duties of the partners remain the same as they were at such termina-
tion, so far as is consistent with a partnership at will.
(b) A continuation of the business by the partners or such of
them as habitually acted therein during the term, without any
settlement or liquidation of the partnership affairs, is prima facie
evidence of a continuation of the partnership.
14-8-24. The property rights of a partner are:
(1) His rights in specific partnership property;
(2) His interest in the partnership; and
1452
GENERAL ACTS AND RESOLUTIONS, VOL. I
(3) His right to participate in the management.
14-8-25. (a) A partner is co-owner with his partners of specific
partnership property holding as a tenant in partnership.
(b) The incidents of the tenancy are such that:
(1) A partner, subject to the provisions of this chapter and
to any agreement between the partners, has an equal right with his
partners to possess specific partnership property for partnership
purposes; but he has no right to possess such property for any
other purpose without the consent of his partners;
(2) A partners right in specific partnership property is not
assignable except in connection with the assignment of rights of all
the partners in the same property;
(3) A partners right in specific partnership property is not
subject to attachment, judgment lien, execution, or other enforce-
ment of a claim except on a claim against the partnership. When
partnership property is attached for a partnership debt the part-
ners, or any of them, or the representatives of a deceased partner,
cannot claim any right under the homestead or exemption laws;
(4) On the death of a partner his right in specific partner-
ship property vests in the surviving partner or partners, except
where the deceased was the last surviving partner, when his right
in such property vests in his legal representative. Such surviving
partner or partners, or the legal representative of the last surviv-
ing partner, has no right to possess the partnership property for
any but a partnership purpose;
(5) A partners right in specific partnership property is not
subject to the years support provided for in Code Sections 53-5-1
and 53-5-2.
(c) Nothing in Code Section 14-8-24 and this Code section shall
modify, affect, or act in derogation of any portion of this chapter
concerning the manner of vesting title to property (including, without
limitation, real property) in the name of the partnership or the
ownership of such property by the partnership.
GEORGIA LAWS 1984 SESSION
1453
14-8-26. A partners interest in the partnership is his share of the
profits and surplus, and the same is personal property.
14-8-27. (a) Except as provided in the partnership agreement,
a partnership interest is assignable in whole or in part.
(b) A conveyance by a partner of his interest in the partnership
does not of itself dissolve the partnership, nor, as against the other
partners in the absence of agreement, entitle the assignee, during the
continuance of the partnership, to interfere in the management or
administration of the partnership business or affairs, or to require
any information or account of partnership transactions, or to inspect
the partnership books; but it merely entitles the assignee to receive in
accordance with his contract the profits to which the assigning
partner would otherwise be entitled.
(c) In case of a dissolution of the partnership, the assignee is
entitled to receive his assignors interest and may require an account
pursuant to Code Section 14-8-43 from the date only of the last
account agreed to by all the partners.
14-8-28. (a) On due application to a competent court by any
judgment creditor of a partner or of any assignee of an interest in the
partnership, the court which entered the judgment, order, or decree,
or any other court, may charge the interest of the debtor partner or
such assignee with payment of the unsatisfied amount of such
judgment debt with interest thereon and may then or later appoint a
receiver of his share of the profits, and of any other money or other
assets due or to fall due to him in respect of the partnership, and,
subject to subsection (b) of this Code section, make all other orders,
directions, accounts, and inquiries which the debtor partner or such
assignee might have made, or which the circumstances of the case
may require.
(b) An interest charged pursuant to subsection (a) of this Code
section is not liable to be seized and sold by the judgment creditor
under execution.
(c) The interest charged may be redeemed or purchased without
thereby causing a dissolution:
(1) With separate property, by any one or more of the
partners; or
1454 GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) With the partnership property, by any one or more of
the partners with the consent of all the partners whose interests
are not so charged or sold.
(d) Nothing in this chapter shall be held to deprive a partner of
his right, if any, under the exemption law, as regards his interest in
the partnership.
(e) Subject to subsection (b) of this Code section, the remedies
conferred by subsection (a) of this Code section shall not be deemed
exclusive of others which may exist, including, without limitation, the
right of a judgment creditor to reach the interest of a partner in the
partnership by process of garnishment served on the partnership.
14-8-29. Upon dissolution of a partnership the partners cease to
be associated in the carrying on of the partnership. The partnership
shall continue until termination pursuant to Code Section 14-8-30
and until termination the partners shall be associated in the winding
up of the partnership.
14-8-30. On dissolution the partnership is not terminated, but
continues until the winding up of the partnership affairs is com-
pleted.
14-8-31. (a) Dissolution is caused:
(1) By the termination of the definite term or particular
undertaking specified in the agreement;
(2) By the express will or withdrawal of any partner;
(3) By the expulsion of any partner from the business in
accordance with the terms of the agreement between the partners;
(4) By any event which makes it unlawful for the business of
the partnership to be carried on or for the members to carry it on
in partnership;
(5) By the death of any partner, unless there is a written
agreement between the partners expressly providing otherwise;
(6) By decree of court under Code Section 14-8-32;
GEORGIA LAWS 1984 SESSION
1455
(7) In other circumstances as provided in the agreement
between the partners.
(b) Unless otherwise provided in the partnership agreement,
dissolution is not caused solely by admission of a new partner.
14-8-32. (a) On application by or for a partner the court shall
decree a dissolution whenever:
(1) A partner has been declared mentally incapacitated in
any judicial proceeding or is shown to be of unsound mind;
(2) A partner becomes in any other way incapable of per-
forming his part of the partnership contract;
(3) A partner has been guilty of such conduct as tends to
affect prejudicially the carrying on of the business;
(4) A partner wilfully or persistently commits a breach of
the partnership agreement or otherwise so conducts himself in
matters relating to the partnership business that it is not reason-
ably practicable to carry on the business in partnership with him;
(5) Other circumstances render a dissolution equitable.
(b) On the application of the purchaser of a partners interest
under Code Section 14-8-27, the court shall decree a dissolution:
(1) After the termination of the specified term or particular
undertaking;
(2) At any time if the partnership was a partnership at will
when the interest was assigned.
14-8-33. Except so far as may be necessary to wind up partner-
ship affairs or to complete transactions begun but not then finished,
dissolution terminates all authority of any partner to act for the
partnership:
(1) With respect to the partners:
(A) When the dissolution is not by the act or death of a
partner; or
1456
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) When the dissolution is by such act or death of a
partner, in cases where Code Section 14-8-34 so requires;
(2) With respect to persons not partners, as declared in
Code Section 14-8-35.
14-8-34. Subject to contrary agreement of the partners, where
the dissolution is caused by the act or death of a partner, each partner
is liable to his copartners for his share of any liability created by any
partner acting for the partnership as if the partnership had not been
dissolved; provided, however, that a partner shall not be liable to the
partner acting for the partnership where:
(1) The dissolution being by act of any partner, the partner
acting for the partnership had knowledge of the dissolution; or
(2) The dissolution being by the death of a partner, the
partner acting for the partnership had knowledge or notice of the
death.
14-8-35. (a) After dissolution a partner can bind the partner-
ship except as provided in subsection (c) of this Code section:
(1) By any act appropriate for winding up partnership
affairs or completing transactions unfinished at dissolution;
(2) By any transaction which would bind the partnership if
dissolution had not taken place, provided the other party to the
transaction:
(A) Was a creditor of the partnership at the time of
dissolution or had extended credit to the partnership within
two years prior to dissolution and, in either case, had no
knowledge or notice of such partners want of authority;
(B) Though he had not so extended credit, had never-
theless known of the partnership prior to dissolution, and,
having no knowledge or notice of dissolution, the fact of
dissolution had not been advertised in a newspaper of general
circulation in the place (or in each place if more than one) at
which the partnership business was regularly carried on.
GEORGIA LAWS 1984 SESSION
1457
(b) The liability of a partner under paragraph (2) of subsection
(a) of this Code section shall be satisfied out of partnership assets
alone when such partner had been prior to dissolution:
(1) Unknown as a partner to the person with whom the
contract is made; and
(2) So far unknown and inactive in partnership affairs that
the business reputation of the partnership could not be said to
have been in any degree due to his connection with it.
(c) The partnership is in no case bound by any act of a partner
after dissolution:
(1) Where the partnership is dissolved because it is unlaw-
ful to carry on the business, unless the act is appropriate for
winding up partnership affairs;
(2) Where the partner has become bankrupt; or
(3) Where the partner has no authority to wind up partner-
ship affairs; except by a transaction with one who:
(A) Was a creditor of the partnership at the time of
dissolution or had extended credit to the partnership within
two years prior to dissolution and, in either case, had no
knowledge or notice of such partners want of authority;
(B) Had not extended credit to the partnership prior to
dissolution, and, having no knowledge or notice of such
partners want of authority, the fact of such partners want of
authority had not been advertised in the manner provided for
advertising the fact of dissolution in subparagraph (a)(2)(B)
of this Code section.
(d) Nothing in this Code section shall affect the liability under
Code Section 14-8-16 of any person who after dissolution represents
himself or consents to another representing him as a partner in a
partnership engaged in carrying on business.
14-8-36. (a) The dissolution of the partnership does not of
itself discharge the existing liability of any partner.
1458
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) A partner is discharged from any existing liability upon
dissolution of the partnership by an agreement to that effect between
himself, the partnership creditor, and the person or partnership
continuing the business; and such agreement may be inferred from
the course of dealing between the creditor having knowledge of the
dissolution and the person or partnership continuing the business.
(c) Where a person agrees to assume the existing obligations of a
dissolved partnership, the partners whose obligations have been
assumed shall be discharged from any liability to any creditor of the
partnership who knowing of the agreement, and without the consent
of the partners whose obligations have been assumed, consents to a
material alteration in the nature or time of payment of such obliga-
tions.
(d) The individual property of a deceased partner shall be liable
for all obligations of the partnership incurred while he was a partner
but subject to the prior payment of his separate debts.
14-8-37. Unless otherwise agreed, the partners who have not
wrongfully dissolved the partnership or the legal representative of the
last surviving partner, not bankrupt, has the right to wind up the
partnership affairs, including the right to convey any real property of
the partnership; provided, however, that any partner, his legal repre-
sentative, or his assignee, upon cause shown, may obtain winding up
by the court.
14-8-38. (a) Unless otherwise agreed by the partners in the
partnership agreement, at the time of the transaction, or at any other
time, when dissolution is caused in any way, other than wrongfully
either in contravention of the partnership agreement or as a result of
other wrongful conduct of a partner, any partner, or the legal repre-
sentative of the estate of a deceased partner, as against his copartners
and all persons claiming through them in respect of their interests in
the partnership, may have the partnership property applied to dis-
charge its liabilities and the surplus applied to pay in cash the net
amount owing to the respective partners. The foregoing provision
shall not apply if dissolution is caused by expulsion of a partner in
accordance with the terms of a partnership agreement. Unless
otherwise agreed by the partners, in the event of such expulsion the
expelled partner shall receive in cash the net amount due him from
the partnership and the partners who continue the business shall
obtain his discharge or appropriately hold him harmless from all
present or future partnership liabilities.
GEORGIA LAWS 1984 SESSION
1459
(b) When dissolution is caused wrongfully either in contraven-
tion of the partnership agreement or as a result of other wrongful
conduct of a partner, the rights of the partners shall be as follows:
(1) Each partner who has not caused dissolution wrongfully
shall have:
(A) All the rights specified in subsection (a) of this
Code section; and
(B) The right, as against each partner who has caused
the dissolution wrongfully, to damages for such wrongful
dissolution and to any other right or remedy provided for in
the partnership agreement;
(2) The partners who have not caused the dissolution
wrongfully, if they all desire to continue the business in the same
name, either by themselves or jointly with others, may do so, and
for that purpose may possess the partnership property. If the
partners continue the business they shall pay to any partner who
has caused the dissolution wrongfully, the value of his interest in
the partnership at the dissolution less any damages or other
amounts recoverable under subparagraph (b)(1)(B) of this Code
section and obtain his discharge or appropriately hold him harm-
less from all present or future partnership liabilities;
(3) A partner who has caused the dissolution wrongfully
shall have:
(A) If the business is not continued under the provi-
sions of paragraph (2) of subsection (b) of this Code section,
all the rights of a partner under subsection (a) of this Code
section, subject to subparagraph (b)(1)(B) of this Code sec-
tion;
(B) If the business is continued under paragraph (2) of
subsection (b) of this Code section the right, as against his
copartners and all claiming through them in respect of their
interests in the partnership, to have the value of his interest
in the partnership,.less any damages or other amounts recov-
erable under subparagraph (b)(1)(B) of this Code section,
ascertained and paid to him and to have the partners who
continue the business obtain his discharge or appropriately
1460
GENERAL ACTS AND RESOLUTIONS, VOL. I
hold him harmless from all present or future partnership
liabilities; but in ascertaining the value of the partners
interest the value of the goodwill of the business shall not be
considered.
14-8-39. Where a partnership agreement is rescinded on the
ground of the fraud or misrepresentation of one of the parties thereto
the party entitled to rescind is, without prejudice to any other right,
entitled:
(1) To a lien on, or a right of retention of, the surplus of the
partnership property after satisfying the partnership liabilities to
third persons for any sum of money paid by him for the purchase
of an interest in the partnership and for any capital or advances
contributed by him;
(2) To stand, after all liabilities to third persons have been
satisfied, in the place of the creditors of the partnership for any
payments made by him in respect of the partnership liabilities;
and
(3) To be indemnified by the person guilty of the fraud or
making the representation against all debts and liabilities of the
partnership.
14-8-40. In settling accounts between the partners after dissolu-
tion, the following rules shall be observed, subject to any agreement to
the contrary:
(1) The assets of the partnership are:
(A) The partnership property;
(B) The contributions of the partners necessary for the
payment of all the liabilities specified in paragraph (2) of this
Code section;
(2) The liabilities of the partnership shall rank in order of
payment, as follows:
(A) Those owing to creditors other than partners;
GEORGIA LAWS 1984 SESSION
1461
(B) Those owing to partners other than for capital and
profits;
(C) Those owing to partners in respect of capital;
(D) Those owing to partners in respect of profits;
(3) The assets shall be applied in the order of their declara-
tion in paragraph (1) of this Code section to the satisfaction of the
liabilities;
(4) The partners shall contribute, as provided by paragraph
(1) of Code Section 14-8-18 the amount necessary to satisfy the
liabilities; but if any, but not all, of the partners are insolvent, or,
not being subject to process, refuse to contribute, the other
partners shall contribute their share of the liabilities, and, in the
relative proportions in which they share the profits, the additional
amount necessary to pay the liabilities;
(5) An assignee for the benefit of creditors or any person
appointed by the court shall have the right to enforce the contri-
butions specified in paragraph (4) of this Code section;
(6) Any partner or his legal representative shall have the
right to enforce the contributions specified in paragraph (4) of this
Code section, to the extent of the amount which he has paid in
excess of his share of the liability;
(7) The individual property of a deceased partner shall be
liable for the contributions specified in paragraph (4) of this Code
section;
(8) When partnership property and the individual proper-
ties of the partners are in possession of a court for distribution,
partnership creditors shall have priority on partnership property
and separate creditors on individual property, subject to the rights
of lien or secured creditors;
(9) Where a partner has become bankrupt or his estate is
insolvent the claims against his separate property shall rank in the
following order:
1462
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Those owing to separate creditors;
(B) Those owing to partnership creditors;
(C) Those owing to partners by way of contribution.
14-8-41. (a) When any new partner is admitted into an existing
partnership, or when any partner withdraws and assigns (or the
representative of the deceased partner assigns) his rights in partner-
ship property to two or more of the partners, or to one or more of the
partners and one or more third persons, if the business is continued
without liquidation of the partnership affairs, creditors of the first or
dissolved partnership are also creditors of the partnership so continu-
ing the business.
(b) When all but one partner withdraw and assign (or the
representative of a deceased partner assigns) their rights in partner-
ship property to the remaining partner, who continues the business
without liquidation of partnership affairs, either alone or with others,
creditors of the dissolved partnership are also creditors of the person
or partnership so continuing the business.
(c) When any partner withdraws or dies and the business of the
dissolved partnership is continued as set forth in subsections (a) and
(b) of this Code section, with the consent of the withdrawn partners or
the representative of the deceased partner, but without any assign-
ment of his right in partnership property, rights of creditors of the
dissolved partnership and of the creditors of the person or partner-
ship continuing the business shall be as if such assignment had been
made.
(d) When all the partners or their representatives assign their
rights in partnership property to one or more third persons who
promise to pay the debts and who continue the business of the
dissolved partnership, creditors of the dissolved partnership are also
creditors of the person or partnership continuing the business.
(e) When any partner wrongfully causes a dissolution and the
remaining partners continue the business under the provisions of
paragraph (2) of subsection (b) of Code Section 14-8-38, either alone
or with others, and without liquidation of the partnership affairs,
creditors of the dissolved partnership are also creditors of the person
or partnership continuing the business.
GEORGIA LAWS 1984 SESSION
1463
(f) When a partner is expelled and the remaining partners
continue the business either alone or with others, without liquidation
of the partnership affairs, creditors of the dissolved partnership are
also creditors of the person or partnership continuing the business.
(g) The liability of a third person becoming a partner in the
partnership continuing the business, under this Code section, to the
creditors of the dissolved partnership shall be satisfied out of partner-
ship property only.
(h) When the business of a partnership after dissolution is
continued under any conditions set forth in this Code section the
creditors of the dissolved partnership, as against the separate credi-
tors of the withdrawing or deceased partner or the representative of
the deceased partner, have a prior right to any claim of the withdrawn
partner or the representative of the deceased partner against the
person or partnership continuing the business, on account of the
withdrawn or deceased partners interest in the dissolved partnership
or on account of any consideration promised for such interest or for
his right in partnership property.
(i) Nothing in this Code section shall be held to modify any right
of creditors to set aside any assignment on the ground of fraud.
(j) The use by the person or partnership continuing the business
of the partnership name, or the name of a deceased partner as part
thereof, shall not of itself make the individual property of the
deceased partner liable for any debts contracted by such person or
partnership.
14-8-42. When any partner withdraws or dies, and the business
is continued under any of the conditions set forth in subsections (a),
(b), (c), (e), and (f) of Code Section 14-8-41 (regardless of whether the
withdrawn partner or the legal representative of the deceased part-
ners estate consents to such continuation as required under subsec-
tion (c) of Code Section 14-8-41) or paragraph (2) of subsection (b) of
Code Section 14-8-38, without any settlement of accounts as between
the withdrawn partner or the legal representative of the estate of a
deceased partner and the persons or partnership continuing the
business, unless otherwise agreed:
(1) Such persons or partnership shall obtain the discharge
of the withdrawn partner or the legal representative of the estate
1464
GENERAL ACTS AND RESOLUTIONS, VOL. I
of the deceased partner, or appropriately hold him harmless from
all present or future partnership liabilities, and shall ascertain the
value of his interest at the date of dissolution; and
(2) The withdrawn partner or legal representative of the
estate of the deceased partner shall receive as an ordinary creditor
an amount equal to the value of his interest in the dissolved
partnership with interest, or, at his option, in lieu of interest, the
profits attributable to the use of his right in the property of the
dissolved partnership; provided that the creditors of the dissolved
partnership as against the separate creditors, or the representa-
tive of the withdrawn or deceased partner, shall have priority on
any claim arising under this Code section, as provided by subsec-
tion (h) of Code Section 14-8-41.
14-8-43. The right to an account of his interest shall accrue to
any partner, his assignee, or his legal representative, as against the
winding up partners or the surviving partners or the person or
partnership continuing the business, at the date of dissolution, in the
absence of any agreement to the contrary.
Section 2. This Act shall become effective on April 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
GEORGIA LAWS 1984 SESSION
1465
COMPOSITE STATE BOARD OF MEDICAL
EXAMINERS AUTHORIZED TO DISTRIBUTE
INFORMATION BOOKLET ON BREAST CANCER.
Code Section 43-34-21 Amended.
No. 1312 (House Bill No. 49).
AN ACT
To amend Code Section 43-34-21 of the Official Code of Georgia
Annotated, relating to the creation and functions of the Composite
State Board of Medical Examiners, so as to authorize and direct the
Composite State Board of Medical Examiners to develop and distri-
bute an informational booklet on breast cancer and the treatment of
breast cancer; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 43-34-21 of the Official Code of
Georgia Annotated, relating to the creation and functions of the
Composite State Board of Medical Examiners, is amended by adding
at the end thereof a new subsection (g) to read as follows:
(g) When funds are specifically appropriated for such purpose,
the board shall publish an informational booklet on breast cancer and
the treatment of breast cancer. The booklet shall contain a summary
of the latest information on breast cancer and, in brief form, shall
discuss the generally accepted and widely prevailing medical and
surgical treatments for breast cancer. The booklet shall include a
valid assessment of the relative risks and benefits of the accepted and
widely prevailing methods of treatment. A copy of the booklet shall
be made available by the board to every appropriate physician in the
state. A letter by the board shall accompany this booklet stating that
the board urges the physician to distribute a copy of the booklet to
each and every patient whose disease or course of treatment is
covered by the material in the booklet. Copies shall also be available
to any person upon request at a fee prescribed by the joint-secretary
sufficient to cover the cost of printing and distribution. The booklet
shall be updated and redistributed at such times as the board shall
deem necessary.
1466
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
SALES AND USE TAXES EXEMPTION OF
PRESCRIPTION DRUGS, ETC.
Code Section 48-8-3 Amended.
No. 1313 (House Bill No. 901).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia
Annotated, relating to exemptions from the sales and use tax, so as to
provide that sales of prescription drugs, prescription eyeglasses, and
contact lenses shall be exempt from the imposition of the 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. Code Section 48-8-3 of the Official Code of Georgia
Annotated, relating to exemptions from the sales and use tax, is
amended by striking paragraph (45) in its entirety and inserting in
lieu thereof a new paragraph (45) to read as follows:
(45) The sale, use, storage, or consumption of paper stock which
is manufactured in this state into catalogs intended to be delivered
outside this state for use outside this state;,
and by striking paragraph (46) in its entirety and inserting in lieu
thereof a new paragraph (46) to read as follows:
GEORGIA LAWS 1984 SESSION
1467
(46) Sales to blood banks having a nonprofit status pursuant to
Section 501(c)(3) of the Internal Revenue Code; or,
and by adding at the end thereof a new paragraph (47) to read as
follows:
(47) Sales of drugs dispensed by prescription and prescription
eyeglasses and contact lenses.
Section 2. This Act shall become effective July 1, 1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
BANKING AND FINANCE INTERSTATE
BANKING ON A REGIONAL BASIS
PERMITTED, ETC.
Code Title 7, Chapter 1 Amended.
No. 1314 (House Bill No. 1198).
AN ACT
To amend Article 2 of Chapter 1 of Title 7 of the Official Code of
Georgia Annotated, relating to banks and trust companies, so as to
provide a unified and orderly method of permitting limited interstate
banking on a regional basis; to define certain terms; to authorize the
commissioner of banking and finance to approve certain acquisitions
by a Georgia bank holding company or a Southern Region bank
holding company under certain conditions; to authorize a Southern
Region bank holding company having a Georgia bank subsidiary to
acquire a Southern Region bank holding company under certain
conditions; to provide that the commissioner of banking and finance
1468
GENERAL ACTS AND RESOLUTIONS, VOL. I
shall not approve certain applications unless certain conditions are
met; to prohibit certain acquisitions by any Georgia bank holding
company or Southern Region bank holding company; to provide that
a Southern Region bank, a Southern Region bank holding company,
Georgia bank or Georgia bank holding company may acquire or
control, and shall not cease to be a Southern Region bank, Southern
Region bank holding company, Georgia bank or Georgia bank holding
company by virtue of its acquisition or control of certain financial
institutions; to provide that a Georgia bank holding company or a
Southern Region bank holding company may acquire a bank or bank
holding company under certain conditions; to provide that a Georgia
bank holding company or Southern Region bank holding company
controlling a Georgia bank may acquire certain financial institutions;
to authorize the commissioner to enforce certain prohibitions by
requiring divestiture of nonconforming banks, bank holding compa-
nies, or assets through the imposition of fines and penalties or
through the exercise of certain other remedies; to provide that any
Georgia bank holding company and any Southern Region bank
holding company controlling a Georgia bank shall be subject to the
registration, reporting, examinations, control, rules, and regulations
of the department applicable to bank holding companies; to provide
that any company that controls a Georgia bank that is not otherwise
organized under the laws of Georgia or qualified to do business in
Georgia shall qualify to do business in Georgia as a foreign corpora-
tion and shall advise the department of its initial registered office and
the name of its initial registered agent, and shall also advise the
department of any changes in its registered office and agent; to
authorize the department to enter into cooperative and reciprocal
agreements with the bank regulatory authorities in other states; to
authorize the department to enter into joint actions with other
regulatory authorities having concurrent jurisdiction or to enter into
such actions independently to carry out its responsibilities; to provide
for legislative intent; to provide for nonseverability; 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 2 of Chapter 1 of Title 7 of the Official Code of
Georgia Annotated, relating to banks and trust companies, is
amended by adding a new Part 19 immediately following Part 18 to
read as follows:
GEORGIA LAWS 1984 SESSION
1469
Part 19
7-1-620. As used in this part, the term:
(1) Acquire, as applied to a bank holding company, means
any of the following actions or transactions:
(A) The merger or consolidation with another bank
holding company;
(B) The acquisition of the direct or indirect ownership
or control of voting shares of another bank holding company
or bank if, after such acquisition, such bank holding company
will directly or indirectly own or control more than 5 percent
of any class of voting shares of such bank holding company or
bank;
(C) The direct or indirect acquisition of all or substan-
tially all of the assets of another bank holding company or
bank; or
(D) The taking of any other action that would result in
the direct or indirect control of another bank holding com-
pany or bank.
(2) Bank means any insured institution as such term is
defined in Section 3(h) of the Federal Deposit Insurance Act, 12
U.S.C. Section 1813(h), or any institution eligible to become an
insured institution as such term is defined therein, which, in either
event:
(A) Accepts deposits that the depositor has a legal right
to withdraw on demand; and
(B) Engages in the business of making commercial
loans.
(3) Banking office means any parent bank, branch bank, or
bank office as such terms are defined in Code Section 7-1-600, or
any other office at which a bank accepts deposits. The term
banking office shall not include, however, the following:
1470
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Unmanned automatic teller machines, point-of-
sale terminals, or other similar unmanned electronic banking
facilities at which deposits may be accepted;
(B) Offices located outside the United States; or
(C) Loan production offices, representative offices, or
other offices at which deposits are not accepted.
(4) Bank holding company means any company which is a
bank holding company under either Code Section 7-1-605 or
Section 2(a) of the federal Bank Holding Company Act of 1956, as
amended, 12 U.S.C. Section 1841(a).
(5) Control means that which is set forth either in Code
Section 7-1-605 or Section 2 of the federal Bank Holding Com-
pany Act of 1956, as amended, 12 U.S.C. Section 1841.
(6) Deposits means, with respect to a bank, all demand,
time, and savings deposits of individuals, partnerships, corpora-
tions, the United States government, and states and political
subdivisions in the United States. Determinations of deposits
shall be made by reference to regulatory reports of condition or
similar reports filed by such bank with state or federal regulatory
authorities.
(7) Georgia bank means a bank organized under the laws of
this state or of the United States and, in either event, having
banking offices located only in this state.
(8) Georgia bank holding company means a bank holding
company that:
(A) Has its principal place of business in the State of
Georgia;
(B) Has total deposits of its Southern Region bank
subsidiaries and Georgia bank subsidiaries exceeding 80 per-
cent of the total deposits of all bank subsidiaries of such bank
holding company other than those bank subsidiaries held
under subsection (a) of Code Section 7-1-622; and
GEORGIA LAWS 1984 SESSION
1471
(C) Is not controlled by a bank holding company other
than a Georgia bank holding company.
(9) Principal place of business of a bank holding company
means the state in which the aggregate deposits of the bank
subsidiaries of such bank holding company are the largest.
(10) Southern Region states means the States of Alabama,
Florida, Georgia, Kentucky, Louisiana, Mississippi, North Car-
olina, South Carolina, Tennessee, and Virginia.
(11) Southern Region bank means a bank other than a
Georgia bank organized under the laws of one of the Southern
Region states or of the United States and, in either event, having
banking offices only in the Southern Region states.
(12) Southern Region bank holding company means a bank
holding company that:
(A) Has its principal place of business in a Southern
Region state other than the State of Georgia;
(B) Has total deposits of its Southern Region bank
subsidiaries and Georgia bank subsidiaries exceeding 80 per-
cent of the total deposits of all bank subsidiaries of such bank
holding company other than those bank subsidiaries held
under subsection (a) of Code Section 7-1-622; and
(C) Is not controlled by a bank holding company other
than a Southern Region bank holding company.
(13) Subsidiary means that which is set forth either in Code
Section 7-1-605 or Section 2 of the federal Bank Holding Com-
pany Act of 1956, as amended, 12 U.S.C. Section 1841.
7-1-621. (a) Upon compliance with the provisions of Code
Section 7-1-606, which provisions shall be expressly applicable to any
such acquisition, and subject to the qualifications of subsections (c)
and (d) below:
(1) A Georgia bank holding company may acquire another
Georgia bank holding company or Georgia bank;
1472
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) A Georgia bank holding company may acquire a South-
ern Region bank holding company or a Southern Region bank;
(3) A Southern Region bank holding company may acquire
a Georgia bank holding company or a Georgia bank; and
(4) A Southern Region bank holding company may acquire
a Southern Region bank holding company having a Georgia bank
subsidiary; provided, however, that the commissioner must rule
on any application to him seeking approval to engage in a transac-
tion under this paragraph (4) not later than 90 days following the
date of submission of a completed application to him seeking
approval of such transaction. If the commissioner fails to rule on
the application within the requisite 90 day period, the proposed
transaction shall stand approved.
(b) A Southern Region bank holding company having a Georgia
bank subsidiary may acquire a Southern Region bank holding com-
pany that does not have a Georgia bank subsidiary or may acquire a
Southern Region bank. Such Southern Region bank holding com-
pany shall notify the department at least 30 days prior to the
consummation of the proposed transaction. The notification require-
ments of this subsection shall be satisfied by furnishing the depart-
ment with a copy of the application or applications filed with the
federal bank regulatory authority or authorities seeking approval for
the proposed transaction.
(c) The commissioner shall not approve any application by a
Southern Region bank holding company not having a Georgia bank
subsidiary other than a Georgia bank acquired pursuant to Code
Section 7-1-622 to acquire either a Georgia bank holding company, a
Georgia bank, or a Southern Region bank holding company having a
Georgia bank subsidiary unless in the Southern Region state where
the Southern Region bank holding company seeking to engage in an
acquisition under subsection (a) or (b) of this Code section has its
principal place of business, the laws governing the acquisition of
banks or bank holding companies in such state by bank holding
companies having their principal place of business outside such state,
that do not otherwise apply to acquisitions of banks or bank holding
companies in such state by bank holding companies in such state,
expressly would permit a Georgia bank holding company controlling
only a Georgia bank to acquire:
GEORGIA LAWS 1984 SESSION
1473
(1) The Southern Region bank holding company seeking to
make the proposed acquisition; and
(2) The Georgia bank holding company, Georgia bank, or
Georgia bank subsidiary of the Southern Region bank holding
company proposed to be acquired if the principal place of business
of such Georgia bank holding company or the offices of such
Georgia bank were in such state.
(d) Notwithstanding anything contained in subsection (a) or (b)
of this Code section, no Georgia bank holding company or Southern
Region bank holding company may:
(1) Utilize the provisions of subsection (e) of Code Section
7-1-606 to operate branches of a single bank both in this state and
in any other state; or
(2) Directly or indirectly acquire a Georgia bank unless such
bank has been in existence and continuously operated 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. Notwithstand-
ing the foregoing, nothing shall prohibit a Southern Region bank
holding company from acquiring all or substantially all of the
shares of a Georgia bank organized solely for the purpose of
facilitating the acquisition of a bank which has been in existence
and continuously operated as a bank for the requisite five-year
period.
7-1-622. (a) A Southern Region bank, a Southern Region bank
holding company, a Georgia bank, or a Georgia bank holding com-
pany may acquire or control, and shall not cease to be a Southern
Region bank, Southern Region bank holding company, Georgia bank,
or Georgia bank holding company, respectively, by virtue of its
acquisition or control of the institutions described in paragraphs (1)
through (3) below:
(1) A bank having offices in a state other than a Southern
Region state, if such acquisition has been consummated pursuant
to the provisions of Section 116 or 123 of the Garn-St Germain
Depository Institutions Act of 1982,12 U.S.C. Section 1823(f) or
1730a(m);
1474
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) A bank having banking offices in a state other than a
Southern Region state, if such acquisition has been consummated
in the regular course of securing or collecting a debt previously
contracted in good faith, as provided in Section 3(a) of the federal
Bank Holding Company Act of 1956, as amended, 12 U.S.C.
Section 1842(a), if the bank or bank holding company divests the
securities or assets acquired within two years of the date of
acquisition. A Georgia bank holding company or Georgia bank, or
a Southern Region bank holding company controlling a Georgia
bank, may retain such interests for up to three additional periods
of one year each if the commissioner determines that the required
divestiture would create undue financial difficulties for such bank
or bank holding company; or
(3) A bank organized under the laws of the United States or
of any state and operating under Section 25 or Section 25(a) of the
Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sec-
tions 611 through 631, or a bank or bank holding company
organized under the laws of a foreign country that is principally
engaged in business outside the United States and which either
has no banking office in the United States or has banking offices in
the United States that are engaged only in business activities
permissible for a bank operating under Section 25 or 25(a) of the
Federal Reserve Act, as amended, 12 U.S.C. Section 601 or Sec-
tions 611 through 631.
(b) A Georgia bank holding company or a Southern Region bank
holding company having a Georgia bank subsidiary may also acquire
a bank or bank holding company other than as expressly permissible
under Code Section 7-1-621 or subsection (a) of this Code section for
so long as:
(1) Immediately following the acquisition, the Georgia bank
holding company or Southern Region bank holding company
continues to qualify as such under the definitional tests provided
in paragraph (8) or (12) of Code Section 7-1-620; and
(2) The Georgia bank holding company or Southern Region
bank holding company complies with the requirements of subsec-
tion (a) or (b) of Code Section 7-1-621, as appropriate, which
subsections shall be expressly applicable to any such acquisition.
GEORGIA LAWS 1984 SESSION
1475
7-1-623. (a) Except as specifically permitted under Code Sec-
tion 7-1-622, no Georgia bank holding company or Southern Region
bank holding company having a Georgia bank subsidiary may acquire
a bank holding company which is not either a Georgia bank holding
company or a Southern Region bank holding company or a bank
which is not either a Georgia bank or a Southern Region bank.
(b) Except as expressly permitted by federal law, no bank hold-
ing company which is not either a Georgia bank holding company or a
Southern Region bank holding company may acquire a Georgia bank
holding company, a Georgia bank, or a Southern Region bank holding
company controlling a Georgia bank.
(c) In the event any bank holding company makes an acquisition
that is prohibited by this part, the commissioner shall require such
bank holding company to divest itself immediately of its direct or
indirect ownership or control of any Georgia banks. In addition, the
commissioner shall have the power to enforce any other prohibitions
in this Part 19 by requiring divestitures of nonconforming banks,
bank holding companies, or assets, through the imposition of fines
and penalties or through the exercise of such other remedies as are
provided in this chapter, including but not limited to judicial actions.
7-1-624. (a) Any Georgia bank holding company and any
Southern Region bank holding company controlling a Georgia bank
shall be subject to the provisions of Code Section 7-1-607 and the
rules and regulations of the department applicable to bank holding
companies.
(b) Any bank holding company that has a Georgia bank subsidi-
ary that is not otherwise organized under the laws of this state or
qualified to do business in this state shall qualify to do business in
this state as a foreign corporation and shall advise the department of
the location of its initial registered office within this state and the
name of its initial registered agent at such location. Such bank
holding company shall agree to be bound by all the provisions of Code
Sections 7-1-605 through 7-1-608 and by the provisions of this part.
Any bank holding company having a Georgia bank subsidiary shall
promptly advise the department of any changes in its registered office
and agent.
(c) The department may enter into cooperative and reciprocal
agreements with the bank regulatory authorities of any state for the
1476
GENERAL ACTS AND RESOLUTIONS, VOL. I
periodic examination of bank holding companies and may accept
reports of examination and other records from such authorities in lieu
of conducting its own examinations. The department may enter into
joint actions with other regulatory bodies having concurrent jurisdic-
tion or may enter into such actions independently to carry out its
responsibilities under this title and assure compliance with the laws
of this state.
7-1-625. (a) It is the express intention of the Georgia legisla-
ture to provide a unified and orderly method of permitting limited
interstate banking on a regional basis. Thus if any provision of this
part establishing the regional framework within which interstate
banking may occur, providing for approval and supervisory powers of
the department and the commissioner or limiting expansion into this
state to bank holding companies located in states satisfying the
requirements of subsection (c) of Code Section 7-1-621 of this part is
determined by final, nonappealable order of any Georgia or federal
court of competent jurisdiction to be invalid or unconstitutional, this
entire part shall be null and void and of no further force and effect
from the effective date of such final determination.
(b) Nothing contained in this part shall be construed to amend
or modify the provisions of any other part of this chapter governing
the supervision or regulation of banks and bank holding companies,
as defined therein, or the organization and powers of the department
and the commissioner with respect thereto as provided in such other
parts.
Section 2. This Act shall become effective on July 1, 1985;
provided, however, that if any two states contiguous to this state
enact legislation which would permit Georgia bank holding compa-
nies to acquire banks or bank holding companies in such states that
have effective dates prior to July 1, 1985, this Act shall become
effective on the later of the effective dates set forth in such legislation,
but in no event prior to January 1,1985.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
GEORGIA LAWS 1984 SESSION
1477
HEALTH FORM AND MANNER OF EXECUTING
A LIVING WILL EFFECT OF SAME.
Code Title 31, Chapter 32 Enacted.
No. 1315 (Senate Bill No. 186).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated,
relating to public health, so as to authorize any competent adult to
execute a living will; to provide for a declaration of findings; to
authorize the discontinuance of life-sustaining procedures for certain
persons; to define certain terms; to provide procedures for establish-
ing certain conditions; to provide for written living wills and the
procedures connected therewith; to provide for witnesses; to provide
for revocation of living wills; to provide for immunity from criminal,
civil, and other liabilities for certain persons under certain conditions;
to provide for the duration of living wills; to provide for the carrying
out of living wills; to provide for sanctions; to provide for presump-
tions; to provide for approval of living wills; to provide that discon-
tinuance of life-sustaining procedures shall not constitute a suicide
and shall not impair or invalidate life insurance policies; to provide
for the transfer of patients under certain conditions; to prohibit
certain health providers and health care service plans from requiring
persons to execute living wills; to provide for exceptions; to provide
for penalties; to provide for construction; to provide for other matters
related thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 31 of the Official Code of Georgia Annotated,
relating to public health, is amended by adding at the end thereof a
new Chapter 32 to read as follows:
CHAPTER 32
31-32-1. (a) The General Assembly finds that modern medical
technology has made possible the artificial prolongation of human
life.
1478
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The General Assembly further finds that, in the interest of
protecting individual autonomy, such prolongation of life for persons
with a terminal condition may cause loss of patient dignity and
unnecessary pain and suffering, while providing nothing medically
necessary or beneficial to the patient.
(c) The General Assembly further finds that there exists consid-
erable uncertainty in the medical and legal professions as to the
legality of terminating the use of life-sustaining procedures in certain
situations.
(d) In recognition of the dignity and privacy which patients have
a right to expect, the General Assembly declares that the laws of the
State of Georgia shall recognize the right of a competent adult person
to make a written directive, known as a living will, instructing his
physician to withhold or withdraw life-sustaining procedures in the
event of a terminal condition.
31-32-2. As used in this chapter, the term:
(1) Attending physician means the physician who has been
selected by or assigned to the patient and who has assumed
primary responsibility for the treatment and care of the patient;
provided, however, that if the physician selected by or assigned to
the patient to provide such treatment and care directs another
physician to assume primary responsibility for such care and
treatment, the physician who has been so directed shall, upon his
or her assumption of such responsibility, be the attending physi-
cian.
(2) Competent adult means a person of sound mind who is
18 years of age or older.
(3) Declarant means a person who has executed a living
will authorized by this chapter.
(4) Hospital means a facility which has a valid permit or
provisional permit issued under Chapter 7 of this title and which
is primarily engaged in providing to inpatients, by or under the
supervision of physicians, diagnostic services and therapeutic
services for medical diagnosis, treatment, and care of injured,
disabled, or sick persons.
GEORGIA LAWS 1984 SESSION
1479
(5) Life-sustaining procedures means any medical proce-
dures or interventions, which, when applied to a patient in a
terminal condition, would serve only to prolong the dying process
and where, in the judgment of the attending physician and a
second physician, death will occur whether or not such procedures
or interventions are utilized. The term life-sustaining proce-
dures shall not include the following:
(A) Nourishment; or
(B) The administration of medication to alleviate pain
or the performance of any medical procedure deemed neces-
sary to alleviate pain.
(6) Living will means a written document voluntarily exe-
cuted by the declarant in accordance with the requirements of
Code Section 31-32-3 or 31-32-4.
(7) Patient means a person receiving care or treatment
from a physician.
(8) Physician means a person lawfully licensed in this state
to practice medicine and surgery pursuant to Article 2 of Chapter
34 of Title 43.
(9) Skilled nursing facility means a facility having a valid
permit or provisional permit issued under Chapter 7 of this title
and which provides skilled nursing care and supportive care to
patients whose primary need is for availability of skilled nursing
care on an extended basis.
(10) Terminal condition means incurable condition caused
by disease, illness, or injury which, regardless of the application of
life-sustaining procedures, would produce death. The procedure
for establishing a terminal condition is as follows: Two physi-
cians who, after personally examining the declarant, shall certify
in writing, based upon conditions found during the course of their
examination:
(A) There is no reasonable expectation for improve-
ment in the condition of the declarant; and
1480
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) Death of the declarant from these conditions is
imminent.
31-32-3. (a) Any competent adult may execute a document
directing that, should the declarant have a terminal condition, life-
sustaining procedures be withheld or withdrawn. Such living will
shall be signed by the declarant in the presence of at least two
competent adults who, at the time of the execution of the living will,
to the best of their knowledge:
(1) Are not related to the declarant by blood or marriage;
(2) Would not be entitled to any portion of the estate of the
declarant upon the declarants decease under any testamentary
will of the declarant, or codicil thereto, and would not be entitled
to any such portion by operation of law under the rules of descent
and distribution of this state at the time of the execution of the
living will;
(3) Are neither the attending physician nor an employee of
the attending physician nor an employee of the hospital or skilled
nursing facility in which the declarant is a patient;
(4) Are not directly financially responsible for the declar-
ants medical care; and
(5) Do not have a claim against any portion of the estate of
the declarant.
(b) The declaration shall be a document, separate and self-
contained, and in the following form:
LIVING WILL
Living will made this______day of_________(month, year).
I,_______________, being of sound mind, willfully and volun-
tarily make known my desire that my life shall not be prolonged
under the circumstances set forth below and do declare:
1. If at any time I should have a terminal condition as
defined in and established in accordance with the procedures set
forth in paragraph (10) of Code Section 31-32-2 of the Official
GEORGIA LAWS 1984 SESSION
1481
Code of Georgia Annotated, I direct that the application of life-
sustaining procedures to my body be withheld or withdrawn and
that I be permitted to die;
2. In the absence of my ability to give directions regarding
the use of such life-sustaining procedures, it is my intention that
this living will shall be honored by my family and physician(s) as
the final expression of my legal right to refuse medical or surgical
treatment and accept the consequences from such refusal;
3. This will shall have no force or effect seven years from the
date I signed this document as stated above; however, I under-
stand that, if at the end of said seven years I am incapable of
communicating with the attending physician, this will shall
remain in effect until such time as I am able to communicate with
the physician;
4. I understand that I may revoke this living will at any
time;
5. I understand the full import of this living will, and I am at
least 18 years of age and am emotionally and mentally competent
to make this living will; and
6. If I have been diagnosed as pregnant, this
living will shall have no force and effect during the course of my
pregnancy.
Signed____________
____(City), ________________(County), and
(State of Residence).
I hereby witness this living will and attest that:
(1) The declarant is personally known to me and I believe
the declarant to be at least 18 years of age and of sound mind;
(2) I am at least 18 years of age;
(3) To the best of my knowledge, at the time of the execu-
tion of this living will, I:
1482
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) Am not related to the declarant by blood or mar-
riage;
(B) Would not be entitled to any portion of the declar-
ants estate by any will or by operation of law under the rules
of descent and distribution of this state;
(C) Am not the attending physician of declarant or an
employee of the attending physician or an employee of the
hospital or skilled nursing facility in which declarant is a
patient;
(D) Am not directly financially responsible for the
declarants medical care; and
(E) Have no present claim against any portion of the
estate of the declarant;
(4) Declarant has signed this document in my presence as
above-instructed, on the date above first shown.
Witness________________
Address -______________
Witness________________
Address
Additional witness required when living will is signed in a
hospital or skilled nursing facility.
I hereby witness this living will and attest that I believe the
declarant to be of sound mind
and to have made this living will willingly and voluntarily.
Witness:_______________________________
Medical director of skilled
nursing facility or chief
of the hospital medical
staff
GEORGIA LAWS 1984 SESSION
1483
31-32-4. A living will shall have no force or effect if the declarant
is a patient in a hospital or skilled nursing facility at the time the
living will is executed unless the living will is signed in the presence of
the two witnesses as provided in Code Section 31-32-3 and, addi-
tionally, is signed in the presence of either the chief of the hospital
medical staff, if witnessed in a hospital, or the medical director, if
witnessed in a skilled nursing facility.
31-32-5. (a) A living will may be revoked at any time by the
declarant, without regard to his mental state or competency, by any of
the following methods:
(1) By being canceled, defaced, obliterated, burnt, torn, or
otherwise destroyed by the declarant or by some person in his
presence and by bis direction;
(2) By the declarant or a person acting at the direction of
the declarant signing and dating a written revocation expressing
the intent of the declarant to revoke. Such revocation shall
become effective only upon communication to the attending phy-
sician by the declarant or by a person acting at the direction of tbe
declarant. The attending physician shall record in the patients
medical record the time and date when he received notification of
the written revocation; or
(3) By any verbal or nonverbal expression by the declarant
of his intent to revoke the living will. Such revocation shall
become effective only upon communication to the attending phy-
sician by the declarant or by a person acting at the direction of tbe
declarant. The attending physician shall record in the patients
medical record the time, date, and place of the revocation and the
time, date, and place, if different, when he received notification of
the revocation.
(b) Any person who participates in the withholding or with-
drawal of life-sustaining procedures pursuant to a living will, as
authorized by this chapter, which person has actual knowledge that
such living will has been properly revoked, shall not have any civil or
criminal immunity otherwise granted under this chapter for such
conduct.
31-32-6. A living will shall be effective for a period of seven years
from the date of execution thereof unless sooner revoked in a manner
1484
GENERAL ACTS AND RESOLUTIONS, VOL. I
prescribed in Code Section 31-32-5. If the declarant of an unrevoked
living will becomes incapable of communicating with the attending
physician, the living will shall remain in effect beyond such seven-
year period until such time as the declarant is able to communicate
with the attending physician. Nothing in this chapter shall be
construed to prevent a declarant from reexecuting a living will at any
time in accordance with the formalities of Code Sections 31-32-3 and
31-32-4. If the declarant has executed more than one living will, such
seven-year period shall be determined from the date of execution of
the last living will known to the attending physician.
31-32-7. (a) No physician nor any person acting under his
direction and no hospital, skilled nursing facility, nor any agent or
employee thereof who acting in good faith in accordance with the
requirements of this chapter causes the withholding or withdrawal of
life-sustaining procedures from a patient or who otherwise partici-
pates in good faith therein shall be subject to any civil liability
therefor. No physician nor any person acting under his direction and
no hospital, skilled nursing facility, nor any agent or employee thereof
who acting in good faith in accordance with the requirements of this
chapter causes the withholding or withdrawal of life-sustaining proce-
dures from a patient or who otherwise participates in good faith
therein shall be guilty of any criminal act therefor, nor shall any such
person be guilty of unprofessional conduct therefor.
(b) No person who witnesses and attests a living will in good
faith and in accordance with Code Section 31-32-3 shall be civilly or
criminally liable or guilty of unprofessional conduct for such action.
31-32-8. (a) Prior to effecting a withholding or withdrawal of
life-sustaining procedures from a patient pursuant to a living will, the
attending physician:
(1) Shall determine that, to the best of his knowledge, the
declarant patient is not pregnant;
(2) Shall, without delay after the diagnosis of a terminal
condition of the declarant, take the necessary steps to provide for
written certification by said physician of the declarants terminal
condition;
(3) Shall make a reasonable effort to determine that the
living will complies with subsection (b) of Code Section 31-32-3;
and
GEORGIA LAWS 1984 SESSION
1485
(4) Shall make the living will and the written certification of
the terminal condition a part of the declarant patients medical
records.
(b) The living will shall be presumed, unless revoked, to be the
directions of the declarant regarding the withholding or withdrawal of
life-sustaining procedures. No person shall be civilly liable for failing
or refusing in good faith to effectuate the living will of the declarant
patient. The attending physician who fails or refuses to comply with
the declaration of a patient pursuant to this chapter shall endeavor to
advise promptly the next of kin or legal guardian of the declarant that
such physician is unwilling to effectuate the living will of the declar-
ant patient. The attending physician shall thereafter at the election
of the next of kin or the legal guardian of the declarant:
(1) Make a good faith attempt to effect the transfer of the
qualified patient to another physician who will effectuate the
declaration of the patient; or
(2) Permit the next of kin or legal guardian to obtain
another physician who will effectuate the declaration of the
patient.
31-32-9. (a) The making of a living will pursuant to this chap-
ter shall not, for any purpose, constitute a suicide.
(b) The making of a living will pursuant to this chapter shall not
restrict, inhibit, or impair in any manner the sale, procurement,
issuance, or enforceability of any policy of life insurance, nor shall it
be deemed to modify the terms of an existing policy of life insurance.
No policy of life insurance shall be legally impaired or invalidated in
any manner by the making of a living will pursuant to this chapter or
by the withholding or withdrawal of life-sustaining procedures from
an insured patient, nor shall the making of such a living will or the
withholding or withdrawal of such life-sustaining procedures operate
to deny any additional insurance benefits for accidental death of the
patient in any case in which the terminal condition of the patient is
the result of accident, notwithstanding any term of the policy to the
contrary.
(c) No physician, hospital, skilled nursing facility, or other
health provider and no health care service plan, insurer issuing
disability insurance, self-insured employee welfare benefit plan, or
1486
GENERAL ACTS AND RESOLUTIONS, VOL. I
nonprofit hospital service plan shall require any person to execute a
living will as a condition for being insured for, or receiving, health care
services.
(d) No hospital, skilled nursing facility, or other medical or
health care facility shall prepare, offer to prepare, or otherwise
provide forms for living wills.
31-32-10. Any person who willfully conceals, cancels, defaces,
obliterates, alters, or damages the living will of another without such
declarants consent or who witnesses a living will knowing at the time
he is not eligible to witness such living will under Code Section 31-32-
3 or who coerces or attempts to coerce a person into making a living
will shall be guilty of a misdemeanor. Any person who falsifies or
forges the living will of another or willfully conceals or withholds
personal knowledge of a revocation as provided in Code Section 31-
32-5 with the intent to cause a withholding or withdrawal of life-
sustaining procedures contrary to the wishes of the declarant and,
thereby, because of any such act, directly causes life-sustaining
procedures to be withheld or withdrawn and death thereby to be
hastened shall be subject to prosecution for criminal homicide as
provided in Chapter 5 of Title 16.
31-32-11. (a) Nothing in this chapter shall impair or supersede
any legal right or legal responsibility which any person may have to
effect the withholding or withdrawal of life-sustaining procedures in
any lawful manner. In such respect the provisions of this chapter are
cumulative.
(b) Nothing in this chapter shall be construed to condone,
authorize, or approve mercy killing or to permit any affirmative or
deliberate act or omission to end life other than to permit the process
of dying as provided in this chapter. Furthermore, nothing in this
chapter shall be construed to condone, authorize, or approve abor-
tion:
(c) This chapter shall create no presumption concerning the
intention of an individual who has not executed a declaration to
consent to the use or withholding of life-sustaining procedures in the
event of a terminal condition.
31-32-12. This chapter is wholly independent of the provisions of
Title 53, relating to wills, trusts, and the administration of estates,
GEORGIA LAWS 1984 SESSION
1487
and nothing in this chapter shall be construed to affect in any way the
provisions of said Title 53.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
MANDATORY RETIREMENT AGE CHANGED.
Code Section 47-2-110 Amended.
No. 1316 (House Bill No. 123).
AN ACT
To amend Code Section 47-2-110 of the Official Code of Georgia
Annotated, relating to retirement ages and eligibility for retirement
under the Employees Retirement System of Georgia, so as to change
the provisions relative to mandatory retirement on the basis of age; 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 47-2-110 of the Official Code of Georgia
Annotated, relating to retirement ages and eligibility for retirement
under the Employees Retirement System of Georgia, is amended by
striking subsection (b), which reads as follows:
(b) Every employee shall be retired on the first day of the
calendar month next succeeding that in which he attains the age of 70,
provided that nothing in this chapter shall preclude the employment
or continued employment of any member, regardless of age, with
professional, scientific, or technical skills who is so certified to the
board of trustees by his employer.,
1488
GENERAL ACTS AND RESOLUTIONS, VOL. I
in its entirety and substituting in lieu thereof a new subsection (b) to
read as follows:
(b) (1) Effective July 1, 1983, no member of the retirement
system may be required to retire because of age except the
following members:
(A) Those employed as prison guards by the Depart-
ment of Offender Rehabilitation;
(B) Those employed by the Uniform Division of the
Department of Public Safety as officers and troopers;
(C) Those employed by the Department of Natural
Resources as conservation rangers;
(D) Those employed by the Department of Revenue as
alcohol and tobacco officers or agents;
(E) Those employed as officers or agents of the Georgia
Bureau of Investigation;
(F) Those employed by the Department of Transporta-
tion as enforcement officers; and
(G) Those employed by the State Board of Pardons and
Paroles as parole officers as well as other employees of said
board who possess the power of arrest.
(2) Those members specified by paragraph (1) of this sub-
section who may be required to retire because of age shall be
subject to the laws specifying retirement ages for the various
classifications of such members or subject to the rules, regulations,
or policies specifying retirement ages of the various state depart-
ments or agencies employing such members, provided such rules,
regulations, or policies are in compliance with other laws of this
state. Any state department or agency specified in paragraph (1)
of this subsection shall be authorized to employ or continue the
employment of any member, regardless of age, with professional,
scientific, or technical skills who is so certified to the board of
trustees by the state department or agency.
GEORGIA LAWS 1984 SESSION
1489
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
LITTER CONTROL LAW AMENDED PRIMA FACIE
AND PRESUMPTIVE EVIDENCE OF IDENTITY OF
OFFENDER.
Code Section 16-7-44 Amended.
No. 1317 (House Bill No. 571).
AN ACT
To amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official
Code of Georgia Annotated, known as the Litter Control Law, so as
to provide for posting of a cash bond or deposit of drivers license in
lieu of incarceration, formal recognizance, or bail by persons arrested
for violation of any litter law; to provide for a rebuttable presumption
under certain circumstances; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Part 2 of Article 2 of Chapter 7 of Title 16 of the
Official Code of Georgia Annotated, known as the Litter Control
Law, is amended by striking Code Section 16-7-44, relating to prima-
facie evidence, in its entirety and inserting in lieu thereof a new Code
Section 16-7-44 to read as follows:
16-7-44. (a) Whenever litter is thrown, deposited, dropped, or
dumped from any motor vehicle, boat, airplane, or other conveyance
in violation of Code Section 16-7-43, it shall be prima-facie evidence
that the operator of the conveyance has violated Code Sections 16-7-
41 through 16-7-46.
1490
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) Except as provided in subsection (a) of this Code section,
whenever any litter which is dumped, deposited, thrown, or left on
public or private property in violation of Code Section 16-7-43 is
discovered to contain any article or articles, including but not limited
to letters, bills, publications, or other writings which display the name
of a person thereon in such a manner as to indicate that the article
belongs or belonged to such person, it shall be a rebuttable presump-
tion that such person has violated Code Sections 16-7-41 through 16-
7-46.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
ELECTIONS VOTER REGISTRATION CARDS, ETC.
Code Title 21, Chapters 2 and 3 Amended.
No. 1318 (House Bill No. 940).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that voters only be required to
complete one registration card for municipal and county registration;
to change certain procedures; to provide that municipalities not
electing to use the county registration list shall be required to use
forms provided by the Secretary of State; to provide that the county
and municipal registrars shall exchange lists of electors; to provide
that those electors not on both lists be notified; to provide that the
Secretary of State may provide for independent ballots for nonparti-
san primaries for judicial candidates; to provide for matters relative
to the foregoing; to provide an effective date; to repeal conflicting
laws; and for other purposes.
GEORGIA LAWS 1984 SESSION
1491
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 subsection (c) of Code
Section 21-2-217, relating to the form of registration cards, in its
entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
(c) The registration cards provided for in subsections (a) and
(b) of this Code section shall consist of two identical parts connected
in such a manner so that completion of the first part shall result in the
duplication of all information on the second part. Such registration
cards shall be so constructed that the two parts may be separated.,
and by striking subsection (e) of said Code section in its entirety and
inserting in lieu thereof a new subsection (e) to read as follows:
(e) In cases where a municipality does not elect to use the
county registration system, the registrar shall forward the second part
of the registration card provided for in subsection (c) of this Code
section to the city clerk of the municipality. The city clerk shall
transmit such registration card to the registrar of the municipality
who shall check the name and identifying information of each appli-
cant against the registration cards on file in the municipality so as to
ensure that no voter is registered twice. If the registrar finds the
applicant meets the qualifications for registration in the municipal-
ity, the registration card shall be placed on file in the registrars office
and the applicants name shall be added to the electors list.
Section 2. Said title is further amended by adding a new Code
Section 21-2-232.1 to read as follows:
21-2-232.1 County registrars shall provide for the retention for
a period of not less than 20 years of the registration cards of all
electors whose registration is canceled, purged, rejected, or removed
for any reason.
Section 3. Said title is further amended by adding a new Code
Section 21-2-232.2 to read as follows:
21-2-232.2. (a) Not later than August 15,1984, the registrar of
each municipality of this state shall provide a list of the electors of the
municipality to the registrar of the county or counties in which the
1492
GENERAL ACTS AND RESOLUTIONS, VOL. I
municipality is located and the registrar of each county of this state
shall provide a list of the electors of the county to the registrar of each
municipality wholly or partially located in the county.
(b) Not later than September 9,1984:
(1) The registrar of each county shall identify those persons
who appear on the municipalitys list and reside in such county
and do not appear on the countys list and shall notify such
persons by post card that they have until October 9, 1984, to
register to vote in the November general election; and
(2) The registrar of each municipality shall identify those
persons who appear on the countys list and reside in the munici-
pality and do not appear on the municipalitys list and shall notify
such persons by post card that they have until October 9,1984, to
register to vote in future municipal elections.
Section 4. Said title is further amended by striking subsection
(c) of Code Section 21-3-121, relating to registration of voters by
municipalities, in its entirety and inserting in lieu thereof a new
subsection (c) to read as follows:
(c) In cases where a municipality does not elect to use the
county registration system, the registrar shall forward the first part of
the registration card provided for in subsection (c) of Code Section
21-2-217 to the county registrars. Where a municipality is located in
more than one county, the registrar shall forward the first part of the
registration card to the county of the applicants residence. The
registrars of the county shall check the name and identifying informa-
tion of each applicant against the registration cards on file in their
office so as to ensure that no voter is registered twice. If the registrar
finds the applicant meets the qualifications for registration in the
county, the registration card shall be placed on file in the registrars
office and the applicants name shall be added to the electors list.
Section 5. Said title is further amended by striking Code
Section 21-3-124, relating to the designation of the form of municipal
voter registration, in its entirety and inserting in lieu thereof a new
Code Section 21-3-124 to read as follows:
21-3-124. The form of municipal registration shall be specified
by the governing authority, except that, if the governing authority
GEORGIA LAWS 1984 SESSION
1493
does not elect to use the county registration list, the municipal
registrar shall be required to register voters on the uniform registra-
tion card printed and distributed by the Secretary of State as
required in Code Section 21-2-217.
Section 6. Said title is further amended by adding a new Code
Section 21-3-133.1 to read as follows:
21-3-133.1. (a) Not later than August 15,1984, the registrar of
each municipality of this state shall provide a list of the electors of the
municipality to the registrar of the county or counties in which the
municipality is located and the registrar of each county of this state
shall provide a list of the electors of the county to the registrar of each
municipality wholly or partially located in the county.
(b) Not later than September 9,1984:
(1) The registrar of each county shall identify those persons
who appear on the municipalitys list and reside in such county
and do not appear on the countys list and shall notify such
persons by post card that they have until October 9, 1984, to
register to vote in the November general election; and
(2) The registrar of each municipality shall identify those
persons who appear on the countys list and reside in the munici-
pality and do not appear on the municipalitys list and shall notify
such persons by post card that they have until October 9,1984, to
register to vote in future municipal elections.
Section 7. Said title is further amended by striking Code Section
21-2-138, relating to nonpartisan election for judicial offices, in its
entirety and inserting in lieu thereof a new Code Section 21-2-138 to
read as follows:
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, or 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 conducted
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
1494
GENERAL ACTS AND RESOLUTIONS, VOL. I
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. The
Secretary of State may provide for the printing of independent
ballots containing the names of the nonpartisan judicial candidates
for those voters not affiliated with a political party. 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 pri-
mary 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 proce-
dures 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 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 April 5,1984.
GEORGIA LAWS 1984 SESSION
1495
CRIMES AND OFFENSES; v* PUNISHMENT FOR
CHILD MOLESTATION AND ENTICING
CHANGED, ETC.
Code Title 16, Chapters 6 and 12 Amended.
No. 1319 (House Bill No. 511).
AN ACT
To amend Chapter 6 of Title 16 of the Official Code of Georgia
Annotated, relating to sexual offenses, so as to change the punish-
ment for the offenses of child molestation and enticing a child for
indecent purposes; to amend Part 3 of Article 3 of Chapter 12 of Title
16 of the Official Code of Georgia Annotated, relating to the sale and
distribution of harmful materials to minors, so as to change certain
definitions; to prohibit the display and distribution of certain materi-
als to minors which are harmful to minors; to prohibit false represen-
tations with the intent to procure such materials for minors; to
provide penalties; to provide exceptions; 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 striking subsec-
tion (b) of Code Section 16-6-4, relating to the offense of child
molestation, in its entirety and inserting in lieu thereof a new
subsection (b) to read as follows:
(b) A person convicted of the offense of child molestation shall
be punished by imprisonment for not less than one nor more than 20
years. Upon a first conviction of the offense of child molestation, the
judge may probate the sentence; and such probation may be upon the
special condition that the defendant undergo a mandatory period of
counseling administered by a licensed psychiatrist or a licensed
psychologist. However, if the judge finds that such probation should
not be imposed, he shall sentence the defendant to imprisonment;
provided, further, that upon a defendant being incarcerated on a
conviction for a first offense, the Department of Offender Rehabilita-
tion shall provide counseling to such defendant. Upon a second or
1496
GENERAL ACTS AND RESOLUTIONS, VOL. I
third conviction of such offense, the defendant shall be punished by
imprisonment for not less than five years. For a fourth or subsequent
conviction of the offense of child molestation, the defendant shall be
punished by imprisonment for 20 years. Adjudication of guilt or
imposition of sentence for a conviction of a third, fourth, or subse-
quent offense of child molestation, including a plea of nolo contend-
ere, shall not be suspended, probated, deferred, or withheld.
Section 2. Said chapter is further amended by striking Code
Section 16-6-5, relating to the offense of enticing a child for indecent
purposes, in its entirety and inserting in lieu thereof a new Code
Section 16-6-5 to read as follows:
16-6-5. (a) A person commits the offense of enticing a child
for indecent purposes when he solicits, entices, or takes any child
under the age of 14 to any place whatsoever for the purpose of child
molestation or indecent acts.
(b) A person convicted of the offense of enticing a child for
indecent purposes shall be punished by imprisonment for not less
than one nor more than 20 years. Upon a first conviction of the
offense of enticing a child for indecent purposes, the judge may
probate the sentence; and such probation may be upon the special
condition that the defendant undergo a mandatory period of counsel-
ing administered by a licensed psychiatrist or a licensed psychologist.
However, if the judge finds that such probation should not be
imposed, he shall sentence the defendant to imprisonment. Upon a
second or third conviction of such offense, the defendant shall be
punished by imprisonment for not less than five years. For a fourth or
subsequent conviction of the offense of enticing a child for indecent
purposes, the defendant shall be punished by imprisonment for 20
years. Adjudication of guilt or imposition of sentence for a conviction
of a third, fourth, or subsequent offense of child molestation, includ-
ing a plea of nolo contendere, shall not be suspended, probated,
deferred, or withheld.
Section 3. Part 3 of Article 3 of Chapter 12 of Title 16 of the
Official Code of Georgia Annotated, relating to the sale and distribu-
tion of harmful materials to minors, is amended by striking in their
entirety Code Sections 16-12-102 through 16-12-104, which read as
follows:
GEORGIA LAWS 1984 SESSION
1497
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:
(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.
1498
GENERAL ACTS AND RESOLUTIONS, VOL. I
(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 tbe 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 a whole, is harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however
reproduced, or sound recording which contains any matter enu-
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.,
and inserting in lieu thereof new Code Sections 16-12-102 through 16-
12-104 to read as follows:
16-12-102. As used in this part, the term:
(1) Harmful to minors means that quality of description or
representation, in whatever form, of nudity, sexual conduct,
sexual excitement, or sadomasochistic abuse, when it:
GEORGIA LAWS 1984 SESSION
1499
(A) Taken as a whole, 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) Is, when taken as a whole, lacking in serious liter-
ary, artistic, political, or scientific value for minors.
(2) Knowingly means having a general knowledge of, or
reason to know, or a belief or ground for belief which warrants
further inspection or inquiry of both:
(A) The character and content of any material
described in this part which is reasonably susceptible to
examination by the defendant; and
(B) The age of the minor; provided, however, that an
honest mistake shall constitute an excuse from liability in this
part if the defendant made a reasonable, bona fide attempt to
ascertain the true age of such minor.
(3) Minor means a person less than 18 years of age.
(4) Sadomasochistic abuse means actual or simulated flag-
ellation or torture by or upon a person who is nude, clad in
undergarments, a mask or bizarre costume, or the condition of
being fettered, bound, or otherwise physically restrained by one so
clothed or nude.
(5) Sexual conduct means actual or simulated acts of mas-
turbation, homosexuality, sexual intercourse, or physical contact
in an act of apparent sexual stimulation or gratification with a
persons clothed or unclothed genitals, pubic area, buttocks, or, if
such be female, breasts.
(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 a state of undress so as
to expose the human male or female genitals, pubic area, or
buttocks with less than a full opaque covering, or the showing of
1500
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 or uncovered male genitals in a discernibly turgid state.
16-12-103. (a) It shall be unlawful for any person knowingly to
sell or loan for monetary consideration or otherwise furnish or dis-
seminate to a minor:
(1) Any 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 is
harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however
reproduced, or sound recording which contains any matter enu-
merated in paragraph (1) of this subsection, 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.
(b) It shall be unlawful for any person knowingly to sell or
furnish to a minor an admission ticket or pass or knowingly to admit a
minor to premises whereon there is exhibited a motion picture, show,
or other presentation which, in whole or in part, depicts sexually
explicit nudity, sexual conduct, or sadomasochistic abuse and which
is harmful to minors or exhibit any such motion picture at any such
premises which are not designed to prevent viewing from any public
way of such motion picture by minors not admitted to any such
premises.
(c) It shall be unlawful for any minor falsely to represent to any
person mentioned in subsection (a) or subsection (b) of this Code
section or to his agent that such minor is 18 years of age or older with
the intent to procure any material set forth in subsection (a) of this
Code section or with the intent to procure such minors admission to
any motion picture, show, or other presentation, as set forth in
subsection (b) of this Code section.
(d) It shall be unlawful for any person knowingly to make a false
representation to any person mentioned in subsection (a) or subsec-
tion (b) of this Code section or to his agent that he is the parent or
guardian of any minor or that any minor is 18 years of age or older
GEORGIA LAWS 1984 SESSION
1501
with the intent to procure any material set forth in subsection (a) of
this Code section or with the intent to procure such minors admission
to any motion picture, show, or other presentation, as set forth in
subsection (b) of this Code section.
(e) It shall be unlawful for any person knowingly to exhibit,
expose, or display in public at newsstands or any other business or
commercial establishment or at any other public place frequented by
minors or where minors are or may be invited as part of the general
public:
(1) Any 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 is
harmful to minors; or
(2) Any book, pamphlet, magazine, printed matter however
reproduced, or sound recording which contains any matter enu-
merated in paragraph (1) of this subsection, 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. The provisions of Code Section 16-12-103 shall not
apply to any public library operated by the state or any of its political
subdivisions nor to any library operated as a part of any school,
college, or university.
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 5,1984.
1502
GENERAL ACTS AND RESOLUTIONS, VOL. I
GENERAL APPROPRIATIONS ACT.
No. 1321 (House Bill No. 1045).
AN ACT
To make and provide appropriations for the
State fiscal year beginning July 1,1984, and ending
June 30,1985; to make and provide such appropri-
ations for the operation of the State government,
its departments, boards, bureaus, commissions,
institutions, and other agencies, and for the uni-
versity system, common schools, counties, munici-
palities, political subdivisions and for all other
governmental activities, projects and undertakings
authorized by law, and for all leases, contracts,
agreements, and grants authorized by law; to pro-
vide for the control and administration of funds; to
provide an effective date; to repeal conflicting
laws; and for other purposes.
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, 1984, and ending June 30, 1985, 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 $4,302,000,000 for
State fiscal year 1985.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch.
Budget Unit: Legislative Branch...................$ 16,003,408
Operations....................................$ 16,003,408
Total Funds Budgeted..........................$ 16,003,408
State Funds Budgeted..........................$ 16,003,408
GEORGIA LAWS 1984 SESSION
1503
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.
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
16,003,408
1504
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.............$ 6,498,828
1. Operations........................... $ 7,732,000
Total Funds Budgeted...................$ 7,732,000
State Funds Budgeted................. $ 6,168,828
2. Tax Ratio Study..........................$ 350,000
Total Funds Budgeted...................$ 350,000
State Funds Budgeted...................$ 350,000
Budget Unit Object Classes:
Operations...............................$ 7,732,000
Tax Ratio Study...,.......................$ 350,000
Authorized Motor Vehicles 31
Total Positions Budgeted 175
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court..*.................$ 3,137,274
Court Operations........................ $ 2,941,874
Appellate Court Reports...................$ 195,400
For the cost of operating the Supreme Court of
GEORGIA LAWS 1984 SESSION
1505
the State of Georgia, including salaries of Justices
and the employees of the Court, and their retire-
ment contributions, including the cost of purchas-
ing and distributing the reports (decisions) of the
appellate courts to Judges, District Attorneys,
Clerks, and others as required by Code Section 50-
18-31, and including Georgias pro rata share for
the operation of the National Center for State
Courts.
This appropriation contains funding for a four
percent cost-of-living increase for the justices,
effective July 1,1984.
Provided, however, that the sum of $43,000
shall be allocated for the development of uniform
rules.
Section 4. Court of Appeals.
Budget Unit: Court of Appeals....................$ 3,346,132
For the cost of operating the Court of Appeals
of the State of Georgia, including salaries and
retirement contributions of judges and employees
of the Court.
This appropriation contains funding for a four
percent cost-of-living increase for the judges, effec-
tive July 1,1984.
Section 5. Superior Courts.
Budget Unit: Superior Courts...................$ 25,981,249
Operation of the Courts....................$ 24,752,759
Prosecuting Attorneys Council.............$ 504,236
Sentence Review Panel......................$ 112,421
Council of Superior
Court Judges.............................$ 40,000
Judicial Administrative
Districts................................$ 551,398
Habeas Corpus Clerk........................$ 20,435
For the cost of operating the Superior Courts of
the State of Georgia, including payment of Judges
1506
GENERAL ACTS AND RESOLUTIONS, VOL. I
salaries, the payment of mileage authorized by law
and such other salaries and expenses as may be
authorized by law.
For payment of salaries, mileage and other
expenses as may be authorized by law for the
District Attorneys, Assistant District Attorneys,
and District Attorneys Emeritus.
For the cost of staffing and operating the Pros-
ecuting Attorneys Council created by Code Sec-
tion 15-18-40, the Sentence Review Panel created
by Code Section 17-10-6, the Council of Superior
Court Judges, and the Judicial Administrative Dis-
tricts created by Code Section 15-5-2. For the
latter of which funds shall be allocated to the ten
administrative districts by the Chairman of the
Judicial Council.
Provided, however, that the listed appropria-
tion shall be increased by the amount of $33,000
per annum for each additional Judge Emeritus
position established during the fiscal year, and by
the amount of $23,000 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 $112,500 per
annum for each judgeship created by law during
the Regular Session of the General Assembly
immediately preceding this State Fiscal Year.
Provided, however, of the above appropriation
$10,000 is designated and committed to permit
Judges with less than five years of experience to
attend the Judicial College.
Section 6. Juvenile Courts.
Budget Unit: Juvenile Courts...................$
116,930
For the cost of operating the Council of Juve-
nile Court Judges created by Code Section 15-11-4.
GEORGIA LAWS 1984 SESSION
1507
Section 7. Institute of Continuing
Judicial Education.
Budget Unit: Institute of Continuing
Judicial Education..................$
Institutes Operations.......................$
Georgia Magistrate Courts
Training Council.............................$
For the cost of staffing and operating the Insti-
tute of Continuing Judicial Education, and the
Georgia Magistrate Courts Training Council cre-
ated by Code Section 15-10-132.
Section 8. Judicial Council.
Budget Unit: Judicial Council..................$
Council Operations....................... $
Payments to Judicial
Administrative Districts for
Case Counting........................... $
Board of Court Reporting...................$
For the cost of operating the Judicial Council of
the State of Georgia and the Administrative Office
of the Courts created by Code Sections 15-5-20 and
15-5-22.
For the cost of operating the Board of Court
Reporting of the Judicial Council created by Code
Section 15-14-24.
Section 9. Judicial Qualifications
Commission.
Budget Unit: Judicial Qualifications
Commission........................$
For the cost of operating the Judicial Qualifica-
tions Commission.
PART III.
EXECUTIVE BRANCH
Section 10. Department of Administrative
Services.
A. Budget Unit: Department of
Administrative Services......$
263,924
247,659
16,265
549,212
465,150
65,000
19,062
101,168
32,155,158
1508
GENERAL ACTS AND RESOLUTIONS, VOL. I
1. State Properties Commission Budget:
Personal Services.........................$ 252,193
Regular Operating Expenses................$ 6,551
Travel....................................$ 2,600
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 105
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 15,593
Telecommunications........................$ 3,670
Per Diem, Fees and Contracts..............$ 15,000
Total Funds Budgeted......................$ 295,712
State Funds Budgeted......................$ 295,712
Total Positions Budgeted 6
2. Departmental Administration Budget:
Personal Services.........................$ 1,359,482
Regular Operating Expenses................$ 113,666
Travel....................................$ 14,545
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 12,000
Equipment Purchases................... $ 1,300
Computer Charges..........................$ 23,600
Real Estate Rentals..................... $ 231,927
Telecommunications........................$ 23,825
Per Diem, Fees and Contracts..............$ -0-
Direct Payments to Georgia
Building Authority for
Capital Outlay..........................$ 400,000
Direct Payments to Georgia
Building Authority for
Operations..............................$ 884,865
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals.................$ 850,000
Total Funds Budgeted......................$ 3,915,210
State Funds Budgeted......................$ 3,915,210
Total Positions Budgeted 42
GEORGIA LAWS 1984 SESSION
1509
3. Treasury and Fiscal
Administration Budget:
Personal Services..........................$ 1,044,680
Regular Operating Expenses.................$ 24,480
Travel.....................................$ 6,000
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 9,500
Equipment Purchases.................... $ 336
Computer Charges......................... $ 6,029,258
Real Estate Rentals........................$ 79,050
Telecommunications.........................$ 18,273
Per Diem, Fees and Contracts...............$ -0-
Unemployment Compensation Reserve.........$ 11,552
State of Georgia General
Obligation Debt Sinking Fund............$ 1,060,000
Public Safety Officers
Indemnification Fund....................$ 608,800
Total Funds Budgeted.......................$ 8,891,929
State Funds Budgeted.......................$ 5,850,229
Total Positions Budgeted 29
4. Central Supply Administration
Budget:
Personal Services..........................$ 286,580
Regular Operating Expenses.................$ 394,814
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 1,450
Computer Charges...........................$ 4,000
Real Estate Rentals........................$ 69,324
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 800
Materials for Resale.......................$ 6,517,830
Utilities..................................$ -0-
Total Funds Budgeted.......................$ 7,274,798
Total Expenditures Authorized,.............$ 7,274,798
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 15
5. Procurement Administration Budget:
Personal Services..........................$ 1,377,682
Regular Operating Expenses.................$ 94,447
Travel.....................................$ 9,650
1510
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 47,300
Equipment Purchases......................$ -0-
Computer Charges.........................$ 247,700
Real Estate Rentals......................$ 199,749
Telecommunications.......................$ 36,085
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted.....................$ 2,012,613
State Funds Budgeted.....................$ 2,012,613
Total Positions Budgeted 50
6. General Services Administration
Budget:
Personal Services........................$ 322,493
Regular Operating Expenses...............$ 5,950
Travel................................. $ 6,550
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 10,300
Equipment Purchases......................$ 200
Computer Charges.........................$ 25,800
Real Estate Rentals......................$ 40,734
Telecommunications.......................$ 37,654
Per Diem, Fees and Contracts.............$ -0-
Total Funds Budgeted.....................$ 449,681
Total Expenditures Authorized............$ 449,681
State Funds Budgeted.....................$ -0-
Total Positions Budgeted 11
7. Space Management
Administration Budget:
Personal Services........................$ 298,385
Regular Operating Expenses...............$ 7,288
Travel................................. $ 4,000
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 400
Equipment Purchases......................$ -0-
Computer Charges.........................$ 4,000
Real Estate Rentals......................$ 25,650
Telecommunications.......................$ 6,119
Per Diem, Fees and Contracts.............$ -0-
Materials for Resale.....................$ -0-
Total Funds Budgeted................... $ 345,842
GEORGIA LAWS 1984 SESSION 1511
State Funds Budgeted.......................$ 345,842
Total Positions Budgeted 10
8. Data Processing Services Budget:
Personal Services..........................$ 17,518,396
Regular Operating Expenses.................$ 1,275,200
Travel.....................................$ 60,000
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ 51,000
Equipment Purchases...................... $ 160,000
Computer Charges......................... $ 164,400
Rents and Maintenance Expense..............$ 18,952,636
Real Estate Rentals........................$ 1,697,677
Telecommunications.........................$ 314,731
Payments to DOAS Fiscal
Administration...........................$ 1,981,700
Per Diem, Fees and Contracts...............$ 132,000
Total Funds Budgeted.......................$ 42,307,740
Total Expenditures Authorized..............$ 42,307,740
State Funds Budgeted.......................$ 13,669,742
Total Positions Budgeted -
July 1, 1984 590
Total Positions Budgeted -
June 30, 1985 573
9. Motor Pool Services Budget:
Personal Services..........................$ 434,980
Regular Operating Expenses.................$ 1,433,020
Travel.....................................$ -0-
Motor Vehicle Equipment Purchases..........$ 208,000
Publications and Printing..................$ -0-
Equipment Purchases........................$ 4,500
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 720
Telecommunications....................... $ -0-
Per Diem, Fees and Contracts...............$ 2,500
Total Funds Budgeted.......................$ 2,083,720
Total Expenditures Authorized..............$ 2,083,720
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 23
1512 GENERAL ACTS AND RESOLUTIONS, VOL.
10. Communication Services Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Telephone Billings.......................$
Total Funds Budgeted.....................$
Total Expenditures Authorized............$
State Funds Budgeted.....................$
Total Positions Budgeted
11. Printing Services Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel............................... $
Motor Vehicle Equipment Purchases........$
Publications and Printing.............. $
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals.................. $
Telecommunications.......................$
Materials for Resale................. $
Per Diem, Fees and Contracts.............$
Total Funds Budgeted............-........$
Total Expenditures Authorized............$
State Funds Budgeted................... $
Total Positions Budgeted
12. Surplus Property Services Budget:
Personal Services...................... $
Regular Operating Expenses...............$
Travel................................. $
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
2,820,702
356,011
11,000
89.000
59.000
60,875
208,800
192,951
-0-
5,000
29,441,872
33,245,211
33,245,211
6,000,000
109
1,573,021
1,566,650
-0-
20,000
-0-
112,000
-0-
177,312
-0-
975,000
-0-
4,423,983
4,423,983
-0-
70
809,945
275,980
24,400
-0-
17,500
2,700
-0-
-0-
GEORGIA LAWS 1984 SESSION 1513
Telecommunications........................$ 14,217
Materials for Resale......................$ 25,000
Per Diem, Fees and Contracts..............$ 12,000
Utilities.................................$ 30,263
Total Funds Budgeted......................$ 1,212,005
State Funds Budgeted......................$ -0-
Total Positions Budgeted 40
13. Mail and Courier Services Budget:
Personal Services.........................$ 181,795
Regular Operating Expenses................$ 123,539
Travel....................................$ -0-
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ -0-
Equipment Purchases.......................$ 200
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 11,997
Telecommunications...................... $ -0-
Materials for Resale......................$ -0-
Per Diem, Fees and Contracts..............$ -0-
Total Funds Budgeted......................$ 317,531
Total Expenditures Authorized.............$ 317,531
State Funds Budgeted......................$ -0-
Total Positions Budgeted 10
14. Risk Management Services Budget:
Personal Services.........................$ 681,016
Regular Operating Expenses.............. $ 45,078
Travel....................................$ 33,500
Motor Vehicle Equipment Purchases.........$ 8,000
Publications and Printing.................$ 3,800
Equipment Purchases...................... $ 1,800
Computer Charges..........................$ 87,500
Real Estate Rentals.......................$ 69,378
Telecommunications........................$ 13,665
Materials for Resale......................$ -0-
Per Diem, Fees and Contracts..............$ 25,000
Total Funds Budgeted......................$ 968,737
Total Expenditures Authorized.............$ 968,737
State Funds Budgeted......................$ -0-
Total Positions Budgeted 25
1514 GENERAL ACTS AND RESOLUTIONS, VOL. I
15. Health Planning Review Board Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Per Diem, Fees and Contracts.............$
Capital Outlay...........................$
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........... $
Rents and Maintenance Expense............$
Utilities................................$
Unemployment Compensation
Reserve................................$
State of Georgia General
Obligation Debt Sinking Fund...........$
Payments to DOAS Fiscal
Administration.........................$
Direct Payments to Georgia
Building Authority for
Capital Outlay.........................$
Direct Payments to Georgia
Building Authority for
Authority Lease Rentals............$
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
65,810
u
65,810
65,810
0
28,961,350
5,722,674
172,245
325,000
210,905
345,361
6,795,058
2,812,062
468,239
258,110
18,952,636
30,263
11,552
1,060,000
1,981,700
400,000
850,000
GEORGIA LAWS 1984 SESSION
1515
Direct Payments to Georgia
Building Authority for
Operations................................$ 884,865
Telephone Billings..........................$ 29,441,872
Materials for Resale........................$ 7,517,830
Public Safety Officers
Indemnity Fund............................$ 608,800
Total Positions Budgeted -
July 1, 1984 1,030
Total Positions Budgeted -
June 30, 1985 1,013
Authorized Motor Vehicles 286
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......................... $ 449,681
Data Processing Service...................... $ 40,137,998
Motor Pool Service........................ ;..$ 2,083,720
Communication Services.........................$ 33,245,211
Printing Services..............................$ 4,423,983
Total..........................................$ 80,340,593
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.
1516
GENERAL ACTS AND RESOLUTIONS, VOL. I
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...$
Georgia Building Authority Budget:
Personal Services.........................$
Regular Operating Expenses................$
Travel.................................. $
Motor Vehicle Equipment
Purchases...............................$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Capital Outlay............................$
Authority Lease Rentals...................$
Utilities.................................$
Payments to DOAS for
General Obligation Debt
Sinking Fund............................$
Facilities Renovations
and Repairs.............................$
Total Funds Budgeted......................$
State Funds Budgeted......................$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed
above represent the budget unit object totals.
-0-
13,120,865
3.017.000
4.000
8.000
22,000
92,720
-0-
43,737
70,900
113.000
400.000
829,600
6.512.000
1,060,000
-0-
25,293,822
-0-
518
39
The Authority is authorized to increase the
amount budgeted for Facilities Renovations and
GEORGIA LAWS 1984 SESSION
1517
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 11. Department of Agriculture.
A. Budget Unit: Department of
Agriculture.........................$ 24,047,493
State Operations Budget:
Personal Services..........................$ 21,334,696
Regular Operating Expenses.................$ 2,114,343
Travel...........g.........................$ 825,850
Motor Vehicle Equipment
Purchases ...............................$ 385,049
Publications and Printing..................$ 497,760
Equipment Purchases........................$ 106,118
Computer Charges...........................$ 157,063
Real Estate Rentals........................$ 593,257
Telecommunications.........................$ 332,409
Per Diem, Fees and Contracts...............$ 257,272
Market Bulletin Postage....................$ 526,000
Payments to Athens and Tifton
Veterinary Laboratories..................$ 1,473,188
Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton,
Douglas, Oakwood, Royston
Statesboro and Tifton....................$ 1,191,357
Veterinary Fees......;....................$ 510,000
Indemnities.............................. $ 58,000
Bee Indemnities............................$ 17,000
Advertising Contract.......................$ 95,000
Payments to Georgia Agrirama
Development Authority for
Operations...............................$ 286,000
Renovation, Construction,
Repairs and Maintenance
Projects at Major
and Minor Markets...................... $ 275,000
1518
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract - Federation of
Southern Cooperatives.....................$ 60,000
Total Funds Budgeted........................$ 31,095,362
State Funds Budgeted........................$ 24,047,493
Total Positions Budgeted 897
Authorized Motor Vehicles 259
The expenditure object amounts displayed
above represent the budget unit object totals.
Department of Agriculture Functional Budgets
Total Funds State Funds Pos.
$ 4,427,885 $ 3,877,940
$ 4,894,872 $ 4,543,993
$ 1,455,332 3
Plant Industry
Animal Industry
Marketing
General Field Forces
1,442,332
$ 2,662,115 $ 2,662,115
Internal Administration $ 2,940,686 $ 2,870,202
Information and
Education
Fuel and Measures
Consumer Services
Consumer Protection
Field Forces
Meat Inspection
Major Markets
Seed Technology
Undistributed
Total
$ 1,144,011 $ 1,144,001
$ 1,949,963 $ 1,945,963
$
871,368 $ 871,368
$ 3,874,069 $ 3,075,656
$ 3,358,608 $ 1,339,265
$ 3,264,447 $
$
226,751 $
25,255 $
249,393
-0-
25,255
$ 31,095,362 $ 24,047,493
167
54
40
109
56
9
71
27
128
122
106
8
0
897
GEORGIA LAWS 1984 SESSION
1519
Provided, that of the above appropriation rela-
tive to Regular Operating Expenses, $55,000 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 Renovation, Construction, Repairs and
Maintenance Projects at Major and Minor Mar-
kets, 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, $25,000 is designated and committed for
on-farm testing for brucellosis in cattle to be
transported out of Georgia.
Provided, that the Athens and Tifton Veteri-
nary Laboratories are authorized to charge testing
fees for export swine and cattle only, which fees
shall be reasonable.
B. Budget Unit: Georgia Agrirama
Development Authority...........$ -0-
Georgia Agrirama Development
Authority Budget:
Personal Services.......................$ 482,110
Regular Operating Expenses..............$ 110,093
Travel..........w.......................$ 6,903
Motor Vehicle Equipment Purchases.......$ 20,030
Publications and Printing...............$ 7,964
Equipment Purchases.....................$ 4,015
Computer Charges........................$ -0-
1520
GENERAL ACTS AND RESOLUTIONS, VOL. I
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..........
Capital Outlay............................$
Goods for Resale...................... $
Total Funds Budgeted..................... $
State Funds Budgeted......................$
Total Positions Budgeted
Provided, the Authority is hereby authorized to
budget additional agency income for the purpose
of providing a retirement plan for its employees.
Section 12. Department of Banking
and Finance.
Budget Unit: Department of Banking
and Finance.....................$
Administration and Examination Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel................................ $
Motor Vehicle Equipment Purchases.......$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
Real Estate Rentals.....................$
Telecommunications......................$
Per Diem, Fees and Contracts............$
Total Funds Budgeted............... ...$
State Funds Budgeted....................$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 13. Department of Community
Affairs.
A. Budget Unit: Department of
Community Affairs............$
-0-
6,900
28,800
-0-
95,010
761,825
-0-
27
3,837,992
3,153,969
137,610
275,000
61,350
13,830
7,100
4,895
143,200
39,038
2,000
3,837,992
3,837,992
102
21
5,561,394
GEORGIA LAWS 1984 SESSION
1521
State Operations Budget:
Personal Services.........................$ 3,981,084
Regular Operating Expenses................$ 146,310
Travel....................................$ 185,150
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 62,400
Equipment Purchases.......................$ 950
Computer Charges......................... $ 25,000
Real Estate Rentals.......................$ 255,708
Telecommunications........................$ 99,948
Per Diem, Fees and Contracts..............$ 53,971,040
Capital Felony Expenses...................$ 50,000
Contracts with Area Planning
and Development Commissions.............$ 1,282,500
Local Assistance Grants...................$ 557,480
Appalachian Regional Commission
Assessment............................ $ 91,027
Community Development Block
Grants (Federal)........................$ 36,000,000
Juvenile Justice
Grants (Federal)........................$ 1,000,000
Grant - Richmond County...................$ 100,000
Economic Development Grants...............$ 155,000
Payment to Georgia
Development Authority................. $ 350,000
Total Funds Budgeted......................$ 98,313,597
State Funds Budgeted......................$ 5,561,394
Total Positions Budgeted 118
Authorized Motor Vehicles 7
The expenditure object amounts displayed
above represent the budget unit object totals.
Department of Community Affairs Functional Budgets
Total Funds State Funds Pos.
Executive and
Administrative $ 3,072,712 $ 2,999,312 18
Technical Assistance $ 2,049,435 $ 964,835 26
1522
GENERAL ACTS AND RESOLUTIONS, VOL. I
Community and
Economic
Development
Intergovernmental
Assistance
Job Training
Partnership Act
Undistributed
Total
$ 37,319,242 $ 926,796
$ 55,000,000 $
$
3,430 $
-0-
3,430
30
$ 868,778 $ 667,021 17
27
0
$ 98,313,597 $ 5,561,394 118
It is the intent of this General Assembly, that
the Department of Community Affairs is autho-
rized and directed to expend a portion of available
Job Training Partnership Act funds for supple-
menting and expanding existing or new Quick
Start programs.
Provided, however, that of the above appropri-
ation, $100,000 is designated and committed for
Richmond County to contract with Paine College
for a study and development of a proposed Center
for Performing Arts.
B. Budget Unit: Georgia Residential
Finance Authority..................$ -0-
1. Georgia Residential Finance
Authority Budget:
Personal Services.........................$ 1,802,630
Regular Operating Expenses................$ 232,966
Travel.................................. $ 69,814
Motor Vehicle Equipment
Purchases............................. $ 51,800
Publications and Printing.................$ 57,724
Equipment Purchases.......................$ 39,925
Computer Charges..........................$ 32,799
Real Estate Rentals.......................$ 139,031
Telecommunications........................$ 74,652
Per Diem, Fees and Contracts..............$ 217,774
Rental Assistance Payments................$ 11,000,000
GEORGIA LAWS 1984 SESSION
1523
Grants to Housing Sponsors................$ 500,000
Total Funds Budgeted......................$ 14,219,115
State Funds Budgeted......................$ -0-
Total Positions Budgeted 82
Authorized Motor Vehicles 29
2. Georgia Development Authority Budget:
Personal Services.........................$ 215,000
Regular Operating Expenses................$ 5,500
Travel................................... $ 8,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 9,500
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 20,000
Real Estate Rentals.......................$ 15,000
Telecommunications...............................7,000
Per Diem, Fees and Contracts .............$ 70,000
Total Funds Budgeted..................... $ 350,000
State Funds Budgeted......................$ -0-
Total Positions Budgeted 4
Budget Unit Object Classes:
Personal Services.........................$ 2,017,630
Regular Operating Expenses................$ 238,466
Travel....................................$ 77,814
Motor Vehicle Equipment
Purchases...............................$ 51,800
Publications and Printing.................$ 67,224
Equipment Purchases.......................$ 39,925
Computer Charges..........................$ 52,799
Real Estate Rentals.......................$ 154,031
Telecommunications........................$ 81,652
Per Diem, Fees and Contracts..............$ 287,774
Rental Assistance Payments................$ 11,000,000
Grants to Housing Sponsors................$ 500,000
Total Funds Budgeted......................$ 14,569,115
State Funds Budgeted......................$ -0-
Total Positions Budgeted 86
Authorized Motor Vehicles 29
1524
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 14. Office of Comptroller
General.
Budget Unit: Office of Comptroller
General..........................$ 7,076,678
Operations Budget:
Personal Services........................$ 6,013,459
Regular Operating Expenses...............$ 308,957
Travel....................;..............$ 174,500
Motor Vehicle Equipment Purchases........$ 70,000
Publications and Printing................$ 125,866
Equipment Purchases......................$ 30,918
Computer Charges.........................$ 313,020
Real Estate Rentals......................$ 469,325
Telecommunications.......................$ 114,377
Per Diem, Fees and Contracts.............$ 12,250
Total Funds Budgeted.....................$ 7,632,672
State Funds Budgeted.....................$ 7,076,678
Total Positions Budgeted 239
Authorized Motor Vehicles 57
The expenditure object amounts displayed
above represent the budget unit object totals.
Office of Comptroller General Functional Budgets
Total Funds State Funds Pos.
Internal Administration $ 1,013,853 $ 1,013,853 20
Insurance Regulation $ 1,939,914 $ 1,833,920 56
Industrial Loans
Regulation $ 479,296 $ 479,296 13
Information and
Enforcement $ 1,331,745 $ 1,331,745 45
GEORGIA LAWS 1984 SESSION
1525
Fire Safety and Mobile
Home Regulations $ 2,850,971 $ 2,400,971 105
Undistributed $ 16,893 $ 16,893 0
Total $ 7,632,672 $ 7,076,678 239
Section 15. Department of Defense.
Budget Unit: Department of Defense............$ 3,239,892
1. Office of the Adjutant General
Budget:
Personal Services.........................$ 818,496
Regular Operating Expenses................$ 67,075
Travel....................................$ 6,948
Motor Vehicle Equipment Purchases.........$ 9,800
Publications and Printing.................$ 3,450
Equipment Purchases.......................$ 10,600
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 2,059
Per Diem, Fees and Contracts..............$ 10,000
Military Assistance to
Safety and Traffic Grant................$ -0-
Total Funds Budgeted.................... $ 928,428
State Funds Budgeted......................$ 799,727
Total Positions Budgeted 21
2. Georgia Emergency Management
Agency Budget:
Personal Services.........................$ 1,018,713
Regular Operating Expenses.............. $ 114,334
Travel....................................$ 35,453
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 21,806
Equipment Purchases.......................$ 11,500
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 6,160
Telecommunications........................$ 41,768
Per Diem, Fees and Contracts..............$ 80,500
Utilities.................................$ 24,100
Civil Air Patrol Contract.................$ 40,000
1526
GENERAL ACTS AND RESOLUTIONS, VOL. I
Local Civil Defense Grants -
Project Application............................64,473
Local Civil Defense
Grants - Training........................$ -0-
Total Funds Budgeted.......................$ 1,458,807
State Funds Budgeted.......................$ 537,318
Total Positions Budgeted 36
3. Georgia Air National Guard
Budget:
Personal Services..........................$ 1,276,244
Regular Operating Expenses.................$ 302,108
Travel................................... $ 300
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 600
Equipment Purchases........................$ -0-
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ -0-
Utilities..................................$ 773,760
Capital Outlay........................... $ -0-
Total Funds Budgeted.......................$ 2,353,012
State Funds Budgeted.......................$ 314,551
Total Positions Budgeted 56
4. Georgia Army National Guard
Budget:
Personal Services..........................$ 1,752,089
Regular Operating Expenses.................$ 659,110
Travel.....................................$ 3,700
Motor Vehicle Equipment Purchases..........$ 9,000
Publications and Printing..................$ 14,300
Equipment Purchases........................$ 17,810
Computer Charges...........................$ -0-
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 23,531
Per Diem, Fees and Contracts...............$ 9,000
Utilities..................................$ 629,545
Capital Outlay ............................$ -0-
Georgia Military Institute Grant...........$ 18,000
Grants to National Guard Units.............$ 435,000
Repairs and Renovations....................$ 197,000
Total Funds Budgeted.......................$ 3,768,085
GEORGIA LAWS 1984 SESSION 1527
State Funds Budgeted........................$ 1,588,296
Total Positions Budgeted 83
Budget Unit Object Classes:
Personal Services...........................$ 4,865,542
Regular Operating Expenses..................$ 1,142,627
Travel......................................$ 46,401
Motor Vehicle Equipment Purchases...........$ 18,800
Publications and Printing...................$ 40,156
Equipment Purchases.........................$ 39,910
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 6,160
Telecommunications..........................$ 67,358
Per Diem, Fees and Contracts................$ 99,500
Utilities...................................$ 1,427,405
Military Assistance to
Safety and Traffic Grant.................$ -0-
National Guard Units Grants.................$ 435,000
Georgia Military Institute Grant............$ 18,000
Civil Air Patrol Contract...................$ 40,000
Capital Outlay..............................$ -0-
Local Civil Defense Grants -
Project Application......................$ 64,473
Local Civil Defense
Grants - Training........................$ -0-
Repairs and Renovations.....................$ 197,000
Total Positions Budgeted 196
Authorized Motor Vehicles 20
Section 16. State Board of Education -
Department of Education.
A. Budget Unit: Department of
Education.........................$1,638,228,341
Operations:
Personal Services........................$ 18,785,785
Regular Operating Expenses...............$ 1,936,975
Travel...................................$ 863,885
Motor Vehicle Equipment
Purchases..............................$ -0-
Publications and Printing................$ 567,400
Equipment Purchases......................$ 196,500
Computer Charges.........................$ 825,300
Real Estate Rentals......................$ 2,015,760
1528
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications..........................$ 520,596
Per Diem, Fees and Contracts.............$ 5,096,765
Utilities...................................$ 53,540
APEG Grants:
Salaries of Instructional
Personnel Code Section
20-2-157(a)............................$ 684,970,695
Salaries of Instructional
Personnel Code Section
20-2-152...............................$ 119,743,026
Salaries of Instructional
Personnel Code Section
20-2-153...............................$ 29,438,121
Salaries of Student
Supportive Personnel..................$ 29,646,771
Salaries of Administrative
and Supervisory
Personnel............................ $ 78,551,099
Special Education
Leadership Personnel....:..............$ 3,492,955
Instructional Media..................$ 20,269,194
Instructional Equipment..................$ 702,582
Maintenance and Operation................$ 96,790,385
Sick and Personal Leave..................$ 5,630,332
Travel................................. $ 1,030,454
Pupil Transportation -
Regular.............................. $ 87,894, 111
Isolated Schools....................... $ 602,041
Non-APEG Grants:
Education of Children of
Low-Income Families....................$ 78,364,380
Teacher Retirement..................... $ 129,521,361
Instructional Services for
the Handicapped........................$ 22,688,125
Preparation of Professional
Personnel in Education
of Handicapped Children................$ -0-
Tuition for the Multi-
handicapped .............................$ 1,172,000
Severely Emotionally
Disturbed..............................$ 17,530,409
Compensatory Education...................$ 18,093,010
School Lunch (Fed.)......................$ 94,136,740
School Lunch (State).....................$ 18,083,177
GEORGIA LAWS 1984 SESSION
1529
Supplemental Education
Centers and Services....................$ -0-
Staff Development.........................$ 800,000
Supervision and Assessment
of Students and Beginning
Teachers and Performance
Based Certification....................$ 3,898,856
Cooperative Educational
Service Areas...........................$ 4,233,967
Superintendents Salaries..................$ 5,394,221
High School Program.......................$ 32,709,144
Area School Program.......................$ 66,679,865
Career Education..........................$ -0-
Junior College Program....................$ 2,493,647
Refugee Children
Transition Act..........................$ -0-
Quick Start...............................$ 2,800,000
Nutrition Education.......................$ -0-
Special Projects..........................$ -0-
Job Training and
Partnership Act.........................$ 7,000,000
Vocational Research and
Curriculum..............................$ 366,540
Adult Education...........................$ 3,238,917
Salaries and Travel of
Public Librarians.......................$ 4,780,493
Public Library Materials..................$ 3,673,134
Talking Book Centers......................$ 671,240
Public Library M & O......................$ 2,816,840
Public Library Construction...............$ 2,061,822
Instructional Aides.......................$ 9,770,377
Teacher Health Insurance..................$ 39,819,623
Health Insurance - Non
Certificated Personnel..................$ 11,300,000
Teacher Health Insurance -
Retired Teachers........................$ 7,807,000
Capital Outlay............................$ 55,000
Grants to Local School
Systems for Educational
Purposes................................$ 78,000,000
Area Vocational-Technical
School Construction.....................$ 200,000
1530
GENERAL ACTS AND RESOLUTIONS, VOL. I
Salaries of Extended
Pre-School Personnel................................$ 13,183,895
Child Care Lunch
Program (Federal)......................$ 13,000,000
Chapter II - Block Grant
Flow Through..........................................$ 8,702,655
Total Funds Budgeted.......................$1,794,520,705
Indirect DOAS Services
Funding...............................................$ 340,000
State Funds Budgeted.......................$1,638,228,341
Total Positions Authorized 638
Authorized Motor Vehicles 6
The expenditure object amounts displayed
above represent the budget unit object totals.
Education Functional Budgets
Instructional
Services
Governors Honors
Program
Vocational
Education
Public Library
Services
State
Administration
Administrative
Services
Planning and
Development
Professional
Standards
Commission
Total Funds
$ 6,593,565 $
$ 770,177 $
$ 5,697,910 $
$ 1,762,369 $
$ 1,901,082 $
$ 8,413,348 $
$ 5,270,268 $
$ 136,415 $
Pos.
3,949,134 164
755,177 2
2,245,403 93
886,999 42
1,512,857 31
5,501,061 198
4,508,879 97
136,415 2
State Funds
GEORGIA LAWS 1984 SESSION
1531
Vocational Advisory
Council
Professional
Practices
Commission
Local Programs
Undistributed
Total
$ 143,886 $
$ 386,402 $
$ 1,763,445,283 $
$ -0- $
$ 1,794,520,705 $
-0- 2
386,402 7
1,620,346,014 0
-0- 0
1,638,228,341 638
Provided, that of the above appropriation rela-
tive to the Quick Start program, $150,000 is specif-
ically appropriated as matching funds for training
in the Chatham County area.
B. Budget Unit: Institutions....................$ 17,693,524
Institutional Operations:
Personal Services..........................$ 15,201,998
Regular Operating Expenses.................$ 2,462,655
Travel.....................................$ 42,165
Motor Vehicle Equipment
Purchases................................$ 66,500
Publications and Printing..................$ 14,060
Equipment Purchases........................$ 353,715
Computer Charges...........................$ 19,000
Telecommunications.........................$ 109,501
Per Diem, Fees and Contracts............. $ 128,700
Utilities............................ $ 1,746,610
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 20,144,904
State Funds Budgeted..................... $ 17,693,524
Total Positions Budgeted 683
Authorized Motor Vehicles 80
The expenditure object amounts displayed
above represent the budget unit object totals.
1532
GENERAL ACTS AND RESOLUTIONS, VOL. I
Institutions Functional Budgets
Total Funds State Funds Pos.
Georgia Academy for
the Blind $ 3,721,487 $ 3,439,319 148
Georgia School for the
Deaf $ 6,212,823 $ 5,910,371 246
Atlanta Area School for
the Deaf $ 2,681,917 $ 2,498,804 94
North Georgia
V ocational-Technical
School $ 4,130,987 $ 3,105,633 104
South Georgia
V ocational-Technical
School $ 3,397,690 $ 2,739,397 91
Undistributed $ -0- $ -0- 0
Total $ 20,144,904 $ 17,693,524 683
C. Budget Unit: Board of Postsecondary
Vocational Education................$ 214,144
Board of Postsecondary Vocational
Education Budget:
Personal Services..........................$ 320,458
Regular Operating Expenses.................$ 12,799
Travel.....................................$ 13,200
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 7,000
Equipment Purchases........................$ 1,500
Computer Charges...........................$ 20,000
Real Estate Rentals........................$ 34,875
Telecommunications.........................$ 9,000
Per Diem, Fees and Contracts...............$ 55,000
Total Funds Budgeted.......................$ 473,832
State Funds Budgeted.......................$ 214,144
Total Positions Budgeted 9
GEORGIA LAWS 1984 SESSION
1533
The expenditure object amounts displayed
above represent the budget unit object totals.
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 that in the case of
mentally, physically or emotionally handicapped
children, the ratio shall be one teacher and one
aide for 24 students or major fraction thereof in
average daily membership.
Provided, that of the above appropriation 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 $12,568 per unit
will allow. Where the transportation allotment is
used to employ additional personnel, reimbursable
1534
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 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, of funds appropriated for
Maintenance and Operation, Sick and Personal
Leave and Instructional Media, for all Special
Education Teachers, payments shall not be made
for 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 Code Section 20-2-157
for grades 1 and 2, at a ratio of 1:20 students in
average daily attendance.
GEORGIA LAWS 1984 SESSION
1535
Provided, that local school systems, in accord-
ance with State Board policy, may use additional
instructional units earned in grades 1 and 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); Code Section 20-2-160 and Code Section
20-2-159.
Provided, that of the above appropriation for
$800,000 for Staff Development, $80,000 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 Superinten-
dent 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, $18,093,010 is
designated and committed for a compensatory
education program for students in grades three
through eleven and shall be used for remedial
purposes only. Each 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 or eighth grade Georgia
Criterion Referenced Tests and the tenth grade
Georgia Basic Skills Test. Provided, however,
where a local systems Compensatory Education
Plan justifies the need, the State Board of Educa-
tion may approve the usage of these funds for
remedial purposes in grades one and two.
1536
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.
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.
1985 entitlements were sufficient to cover eligible
projects (pursuant to Code Section 20-2-250),
based on a total state entitlement of $40 million for
S.F.Y. 1985.
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 17. Employees Retirement System.
Budget Unit: Employees Retirement
System.......................... $ 10,467,714
Employees Retirement System Budget:
Personal Services.........................$ 683,021
Regular Operating Expenses................$ 13,623
Travel.................................;..$ 8,500
Motor Vehicle
Equipment Purchases................... $ -0-
Publications and Printing.................$ 20,000
Equipment Purchases.......................$ 4,500
Computer Charges................... .....$ 146,447
Real Estate Rentals.......................$ 74,046
Telecommunications....................12,318
Per Diem, Fees and Contracts..............$ 436,800
Postage...................................$ 50,000
Benefits to Retirees.................... $ 2,125,000
Employer Contribution.....................$ 8,342,714
Total Funds Budgeted......................$ 11,916,969
GEORGIA LAWS 1984 SESSION
1537
State Funds Budgeted.......................$ 10,467,714
Total Positions Budgeted 28
Authorized Motor Vehicles 1
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 18. Forestry Commission.
Budget Unit: Forestry Commission................$ 25,122,474
State Operations Budget:
Personal Services..........................$ 19,635,241
Regular Operating Expenses.................$ 4,394,500
Travel.....................................$ 110,780
Motor Vehicle Equipment
Purchases................................$ 1,336,392
Publications and Printing.................$ 85,000
Equipment Purchases...................... $ 1,745,381
Computer Charges ......J....;ii.......... $ 186,000
Real Estate Rentals...................... $ 18,256
Telecommunications.........................$ 538,817
Per Diem, Fees and Contracts...............$ 89,879
Contractual Research.......................$ 230,000
Payments to the University of
Georgia, School of Forestry
for Forest Research.................... $ 300,000
Ware County Grant......................... $ 60,000
Wood Energy Program........................$ 147,790
Capital Outlay.............................$ 151,500
Total Funds Budgeted.......................$ 29,029,536
State Funds Budgeted...................... $ 25,122,474
Total Positions Budgeted 857
Authorized Motor Vehicles 751
The expenditure object amounts displayed
above represent the budget unit object totals.
1538
GENERAL ACTS AND RESOLUTIONS, VOL. I
Forestry Commission Functional Budgets
Total Funds State Funds
$ 2,104,944 $
Reforestation
Field Services
Wood Energy
General Administration
and Support
Undistributed
Total
535,944
$ 25,096,566 $ 22,878,430
147,790 $
1,680,236 $
-0- $
43,264
1,664,836
-0-
$ 29,029,536 $ 25,122,474
Pos.
34
794
4
25
0
857
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 19. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of
Investigation.....................$ 20,661,194
Operations Budget:
Personal Services...................... $ 14,562,541
Regular Operating Expenses.................$ 1,560,874
Travel.................................. $ 487,625
Motor Vehicle Equipment
Purchases................................$ 715,500
Publications and Printing..................$ 86,950
Equipment Purchases........................$ 548,160
Computer Charges......................... $ 1,936,860
Real Estate Rentals...................... $ 662,395
Telecommunications.........................$ 860,944
Per Diem, Fees and Contracts...............$ 9,225
Evidence Purchased.........................$ 350,000
Utilities................................ $ 95,480
GEORGIA LAWS 1984 SESSION
1539
Postage.................................... $ 54,640
Capital Outlay............................. $ 130,000
Total Funds Budgeted....................... $ 22,061,194
Indirect DOAS Funding........................$ 1,400,000
Total State Funds Budgeted...................$ 20,661,194
Total Positions Budgeted 479
Authorized Motor Vehicles 298
The expenditure object amounts displayed
above represent the budget unit object totals.
Georgia Bureau of Investigation Functional Budgets
Administration
Drug Enforcement
Investigative
Forensic Sciences
Georgia Crime
Information Center
Undistributed
Total
Total Funds State Funds
$ 1,549,766 $ 1,549,766
$ 3,890,730 $
$ 8,246,549 $
$ 4,638,000 $
$ -0- $
$ 22,061,194 $
3,890,730
8,246,549
$ 3,736,149 $ 3,736,149
Pos.
22
64
208
89
3,238,000 96
-0- 0
20,661,194 479
Section 20. Georgia State Financing
and Investment Commission.
Budget Unit: Georgia State
Financing and
Investment Commission...........$ -0-
Departmental Operations Budget:
Personal Services.......................$ 945,360
Regular Operating Expenses..............$ 40,570
Travel..................................$ 10,000
Motor Vehicle Equipment Purchases.......$ -0-
Publications and Printing...............$ 1,000
Equipment Purchases.....................$ 3,000
1540
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...........................$ 14,300
Real Estate Rentals........................$ 86,130
Telecommunications....................... $ 14,000
Per Diem, Fees and Contracts...............$ 122,000
Total Funds Budgeted.......................$ 1,236,360
Total Expenditures Authorized..............$ 1,236,360
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 25
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 21. Office of the Governor.
A. Budget Unit: Governors Office..............$ 5,257,768
1. Governors Office Budget:
Cost of Operations.........................$ 2,080,090
Mansion Allowance........................ $ 40,000
Governors Emergency Fund..................$ 2,500,000
Intern Stipends and Travel.................$ 122,000
Total Funds Budgeted.......................$ 4,742,090
State Funds Budgeted.......................$ 4,742,090
There is hereby appropriated a General Emer-
gency Fund for meeting expenses deemed emer-
gencies by the Governor and to be expended by the
Governor at his discretion in any emergency that
he may determine requires expenditure of any part
of said fund. Expenditures from this fund shall be
made in accordance with other provisions of State
law and the Constitution.
Provided, however, that the listed appropria-
tion shall be increased by the amount incurred in
ordering the organized militia into active service of
the State in case of invasion, disaster, insurrection,
riot, breach of the peace, or combination to oppose
the enforcement of the law by force or violence, or
imminent danger thereof or other grave emergency
when available funds are not sufficient for such
purposes.
GEORGIA LAWS 1984 SESSION
1541
2. Office of Fair Employment Practices
Budget:
Personal Services.................... $ 427,974
Regular Operating Expenses...............$ 9,651
Travel............................... $ 10,815
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 2,650
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals.................... $ 69,921
Telecommunications.................. ...$ 9,167
Per Diem, Fees and Contracts.............$ 18,000
Total Funds Budgeted.....................$ 548,178
State Funds Budgeted.................. $ 515,678
Total Positions Budgeted 15
Budget Unit Object Classes:
Cost of Operations...................... $ 2,080,090
Mansion Allowance...................... $ 40,000
Governors Emergency Fund................$ 2,500,000
Intern Stipends and Travel...............$ 122,000
Personal Services........................$ 427,974
Regular Operating Expenses............. $ 9,651
Travel...................................$ 10,815
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 2,650
Equipment Purchases......................$ -0-
Computer Charges.........................$ -0-
Real Estate Rentals......................$ 69,921
Telecommunications.......................$ 9,167
Per Diem, Fees and Contracts.............$ 18,000
Total Positions Budgeted 15
Authorized Motor Vehicles 1
B. Budget Unit: Office of Planning
and Budget........................$ 3,621,090
Office of Planning and
Budget Budget:
Personal Services...................... $ 2,942,852
Regular Operating Expenses...............$ 87,830
Travel...................................$ 65,600
Motor Vehicle Equipment Purchases........$ -0-
Publications and Printing................$ 34,000
Equipment Purchases........j............$ 1,000
1542
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges..........................$ 219,552
Real Estate Rentals.......................$ 190,840
Telecommunications........................$ 54,416
Per Diem, Fees and Contracts..............$ 75,000
Total Funds Budgeted......................$ 3,671,090
State Funds Budgeted......................$ 3,621,090
Total Positions Budgeted 77
Authorized Motor Vehicles 0
The expenditure object amounts displayed
above represent the budget unit object totals.
C. Budget Unit: Units Attached for
Administrative
Purposes Only.....................$ 4,244,534
1. Council of the Arts Budget:
Personal Services....................... $ 176,501
Regular Operating Expenses................$ 8,353
Travel....................................$ 3,260
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 5,000
Equipment Purchases.......................$ -0-
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ 39,600
Telecommunications...................... $ 8,108
Per Diem, Fees and Contracts..............$ 9,900
Art Grants - State Funds..................$ 1,468,806
Art Grants - Federal Funds................$ 474,920
Art Grants - Donations....................$ 36,100
Total Funds Budgeted.................... $ 2,230,548
State Funds Budgeted.................... $ 1,719,528
Total Positions Budgeted 8
2. Office of Consumer Affairs:
Personal Services.............................1,120,029
Regular Operating Expenses.............. $ 30,100
Travel....................................$ 11,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 6,000
Equipment Purchases.................... .$ 5,020
Computer Charges..........................$ 20,684
Real Estate Rentals.......................$ 155,822
Telecommunications........................$ 98,047
Per Diem, Fees and Contracts..............$ 4,000
GEORGIA LAWS 1984 SESSION
1543
Total Funds Budgeted......................$ 1,450,702
State Funds Budgeted......................$ 1,450,702
Total Positions Budgeted 42
3. State Energy Office Budget:
Personal Services.........................$ 331,189
Regular Operating Expenses................$ 17,680
Travel....................................$ 17,700
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing...|............$ 22,639
Equipment Purchases..................... $ 1,000
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 12,060
Per Diem, Fees and Contracts..............$ 4,661,397
Total Funds Budgeted......................$ 5,063,665
State Funds Budgeted......................$ 234,002
Total Positions Budgeted 9
4. Governors Committee on
Post-Secondary Education Budget:
Personal Services.........................$ 114,882
Regular Operating Expenses................$ 9,540
Travel....................................$ 1,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 8,700
Equipment Purchases.......................$ -0-
Computer Charges..........................$ 5,000
Real Estate Rentals.......................$ 14,802
Telecommunications........................$ 2,549
Per Diem, Fees and Contracts..............$ 7,050
Total Funds Budgeted......................$ 164,023
State Funds Budgeted......................$ 164,023
Total Positions Budgeted 3
5. Consumers Utility Counsel Budget:
Persdnal Services........................$ 331,175
Regular Operating Expenses................$ 9,205
Travel....................................$ 3,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 700
Equipment Purchases.......................$ -0-
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 20,828
1544
GENERAL ACTS AND RESOLUTIONS, VOL. I
Telecommunications.........................$ 5,099
Per Diem, Fees and Contracts...............$ 35,000
Total Funds Budgeted.......................$ 405,007
State Funds Budgeted.....,.................$ 405,007
Total Positions Budgeted 10
6. Criminal Justice Coordinating
Council Budget:
Personal Services............................$ 198,153
Regular Operating Expenses............... $ 11,200
Travel ....................................$ 8,575
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 4,635
Equipment Purchases.........................$ -0-
Computer Charges......................... $ -0-
Real Estate Rentals.-A-.'.'...-............$ 28,768
Telecommunications.........................$ 4,241
Per Diem, Fees and Contracts.............I.$ 15,700
Total Funds Budgeted.......................$ 271,272
State Funds Budgeted.......................$ 271,272
Total Positions Budgeted 5
Budget Unit Object Classes:
Personal Services..........................$ 2,271,929
Regular Operating Expenses.................$ 86,078
Travel...................I.................$ 45,035
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 47,674
Equipment Purchases........................$ 6,020
Computer Charges...........................$ 25,684
Real Estate Rentals........................$ 259,820
Telecommunications.........................$ 130,104
Per Diem, Fees and Contracts...............$ 4,733,047
Art Grants - State Funds...................$ 1,468,806
Art Grants - Federal Funds.................$ 474,920
Art Grants - Donations.....................$ 36,100
Total Positions Budgeted 77
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,
GEORGIA LAWS 1984 SESSION
1545
Cities and Non-Profit Organizations in the State of
Georgia.
Section 22. Grants to Counties and
Municipalities.
Budget Unit: Grants to Counties and
Municipalities................. $ 8,500,000
Grants to Counties.........................$ 3,250,000
Grants to Municipalities...................$ 5,250,000
Total Funds Budgeted.......................$ 8,500,000
State Funds Budgeted.......................$ 8,500,000
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 23. Department of Human
Resources.
A. Budget Unit: Departmental
Operations..........................$ 275,520,815
1. General Administration and
Support Budget:
Personal Services..........................$ 26,297,233
Regular Operating Expenses.................$ 1,007,564
Travel.....................................$ 745,885
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing..................$ 204,010
Equipment Purchases........................$ 12,468
Computer Charges...........................$ 1,149,077
Real Estate Rentals........................$ 3,339,595
Telecommunications.........................$ 598,965
Per Diem, Fees and Contracts...............$ 9,443,126
Utilities..................................$ 178,150
Postage....................................$ 579,850
Menninger Group Homes......................$ 376,000
Benefits for Child Care....................$ 1,066,000
Contract - Georgia
Advocacy Office, Inc.....................$ 215,000
Total Funds Budgeted.......................$ 45,212,923
Indirect DOAS Services Funding.............$ 638,300
Indirect GBA Funding.......................$ -0-
1546
GENERAL ACTS AND RESOLUTIONS, VOL. I
Agency Funds............................. $ 22,813,579
Social Services
Block Grant Funds..........................$ 1,655,800
State Funds Budgeted.........................$ 20,105,244
Total Positions Budgeted 957
Authorized Motor Vehicles 7
General Administration and Support
Total Funds
Commissioners Office $ 582,421
Administrative Appeals $ 804,156
Functional Budgets
State Funds Pos.
$ 582,421 13
$
804,156
$
164,436
$ 5,118,233
$ 1,838,200
Administrative Policy,
Coordination, and
Direction $ 164,436
Personnel $ 5,175,633
Support Services $ 2,065,800
Systems Planning,
Development and
Training $ 169,611 $ 169,611
EDP-Planning and
Coordination $ 285,949 $ 85,949
Indirect Cost $ -0- $ (5,342,600)
Facilities Managements $ 3,657,012 $ 2,702,312
Community/
Intergovernmental
Affairs $ 751,090 $ 751,090
Budget Administration $ 1,465,108 $ 1,465,108
Accounting Services $ 3,558,584 $ 3,558,584
Auditing Services $ 1,674,501 $ 1,674,501
24
4
48
54
0
0
8
20
44
152
47
GEORGIA LAWS 1984 SESSION
1547
Special Projects
Children and Youth
Planning
Troubled Children
Benefits
Developmental
Disabilities
MH/MR Advisory
Council
Council on Maternal
and Infant Health
Council on Family
Planning
Community Services
Regulatory Services -
Program Direction
and Support
Child Care Licensing
Laboratory Improvement
Health Care Facilities
Regulation
Compliance Monitoring
Radiological Health
Fraud and Abuse
Child Support Recovery
Undistributed
$ 281,900 $
$ 159,190 $
$ 1,442,000 $
$ 248,969 $
$ 36,036 $
$ 103,187 $
$ 6,400 $
$ 8,826,187 $
$ 343,335 $
$ 1,428,043 $
$ 554,209 $
$ 1,734,691 $
$ 252,092 $
$ 568,527 $
$ 1,747,932 $
$ 7,137,819 $
$ (11,895) $
$ 45,212,923 $
281,900 0
159,190 4
1,442,000 0
-0- 6
36,036 1
103.187 3
640 0
-0- 9
343,335 9
1,428,043 50
448,209 16
598.091 53
252.092 7
452.187 20
224,068 53
772,065 305
(7,800) 0
20,105,244 957
Total
1548 GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Public Health Budget:
Personal Services..........................$
Regular Operating Expenses.................$
Travel.....................................$
Motor Vehicle Equipment
Purchases................................$
Publications and Printing..................$
Equipment Purchases........................$
Computer Charges...........................$
Real Estate Rentals........................$
Telecommunications.........................$
Per Diem, Fees and Contracts...............$
Utilities..................................$
Postage....................................$
Crippled Children Clinics..................$
Regional Grants for Prenatal and
Postnatal Care Programs..................$
Midwifery Program Benefits.................$
Crippled Children Benefits.................$
Kidney Disease Benefits....................$
Cancer Control Benefits....................$
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program.......................$
Benefits for Medically Indigent
High Risk Pregnant Women and
Their Infants............................$
Grant to Grady Hospital for
Cystic Fibrosis Program..................$
Contract with Emory University
for Cancer Research......................$
Contract with Auditory
Educational Clinic.......................$
Grant-In-Aid to Counties...................$
Contract with Emory University
for Arthritis Research...................$
Contract for
Scoliosis Screening......................$
Family Planning Benefits...................$
Grants to Counties for Teenage
Pregnancy Prevention.......................$
27,297,697
26,658,288
854,500
9,332
278,600
79,505
347,818
458,108
442,575
12,245,009
4,500
56,150
517,572
3.879.000
175.000
4.354.000
605.000
2,105,400
100,000
3,994,000
42.000
115.000
78.000
36,873,945
210.000
115.000
301,530
250.000
GEORGIA LAWS 1984 SESSION
1549
Grant to Counties for
Metabolic Disorders
Screening and Treatment..................$ 45,000
Contract - Macon-Bibb County
Hospital Authority.......................$ 5,500,000
Total Funds Budgeted........................$ 127,992,529
Indirect DOAS Services Funding..............$ 648,716
Agency Funds................................$ 49,144,841
State Funds Budgeted........................$ 78,198,972
Total Positions Budgeted 1,027
Authorized Motor Vehicles 6
Public Health Functional Budgets
Directors Office
Employees Health
Health Program
Management
Vital Records
Health Services
Research
Primary Health Care
Stroke and Heart Attack
Prevention
Epidemiology
Immunization
Sexually Transmitted
Diseases
Community Tuberculosis
Center
Family Health
Management
Total Funds State Funds
$ 541,753 $ 344,203
$ 267,240 $ 232,240
$ 728,239 $ 643,239
$ 1,059,681 $ 1,044,681
$ 667,092 $ 345,276
$ 252,699 $ 252,699
$ 161,700 $ 161,700
$ 1,078,767 $ 897,293
$ 374,683 -0-
$ * 228,854 $ 228,854
$ 1,156,967 $ 1,156,967
$ 5,762,421 $ 576,021
Pos.
7
26
59
12
7
5
10
10
23
22
1550
GENERAL ACTS AND RESOLUTIONS, VOL. I
Infant and Child Health $ 5,447,661 $ 4,684,362
14
Maternal Health-
Perinatal $ 277,513 $ -0- 6
Family Planning $ 1,401,801 $ 495,312 14
Malnutrition $ 592,501 $ -0- 15
Dental Health $ 137,243 $ 137,243 3
Crippled Children $ 4,490,005 $ 3,110,511 52
Chronic Disease $ 1,632,630 $ 1,632,630 21
Diabetes $ 389,823 $ 303,334 4
Cancer Control $ 2,860,716 $ 2,860,716 6
Coordination, Education
and Prevention $ 345,075 $ -0- 8
Occupational and
Radiological Health $ 804,829 $ 266,057 6
Laboratory Services $ 3,921,269 $ 3,241,821 119
Emergency Health $ 667,368 $ 606,868 12
Minimum Foundation $ 7,418,963 $ 7,289,613 191
Newborn Follow Up
Care $ 507,012 $ 324,062 22
District Dental $ 1,167,443 $ 957,268 17
District Stroke and
Prevention $ 1,386,785 $ 856,785 18
Sickle Cell $ 300,000 $ 300,000 0
GEORGIA LAWS 1984 SESSION
1551
Vision and Hearing
High Risk Pregnant
Women and Infants
District Sexually
Transmitted Diseases
District Family Planning
Malnutrition
Grant in Aid to
Counties
Teenage Pregnancy
Prevention
District Crippled
Children
Emergency Health -
Local Services
Primary Health Care -
Local Services
Undistributed
Total
$ 420,114
$ 4,510,808
$ 1,117,799
$ 6,316,572
$ 27,669,057
$ 37,419,685
$ 250,000
$ 2,572,987
$ 1,340,683
$ 354,866
$ (8,775)
$ 127,992,529
$
$
$
$
$
$
$
$
$
$
$
$
3. Mental Health - Program
Direction and Support Budget:
Personal Services.................
Regular Operating Expenses........
Travel............................
Motor Vehicle Equipment Purchases
Publications and Printing.........
Equipment Purchases...............
Computer Charges..................
Real Estate Rentals...............
Telecommunications................,
Per Diem, Fees and Contracts......
Utilities.........................
Postage.............................
420,114 15
4,510,808 19
105,696 27
2,603,856 177
-0- 10
34,808,689 0
250,000 0
1,843,280 36
340,683 9
354,866 10
(8,775) 0
78,198,972 1,027
,$ 4,235,471
,$ 104,440
,$ 122,500
,$ -0-
,$ 54,200
,$ 2,669
,$ 1,539,657
.$ -0-
.$ 240,223
.$ 183,000
.$ -0-
.$ 1,060
1552
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract with
Housing Alternatives.....................$
Total Funds Budgeted.......................$
Social Services Block Grant Funds.........$
Indirect DOAS Services Funding.............$
Agency Funds............................. $
State Funds Budgeted.......................$
Total Positions Budgeted
70.000
6,553,220
15.000
1,000,197
452,773
5,085,250
126
Mental Health - Program Direction
and Support Functional Budgets
Administration
Special Projects
and Contracts
Program Coordination
Undistributed
Total
Total Funds State Funds Pos.
$ 3,765,855 $ 2,765,658 57
$
$
$
$
52,233 $
2,739,909 $
(4,777) $
6,553,220 $
-0-
2,324,369
(4,777)
5,085,250
2
67
0
126
4. Purchase of Social Services:
Personal Services............................$ -0-
Regular Operating Expenses.................$ -0-
Travel................................. $ -0-
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing....I......>.....$ -0-
Equipment Purchases........................$ -0-
Computer Charges......................... $ -0-
Real Estate Rentals.................... $ -0-
Telecommunications.........................$ -0-
Per Diem, Fees and Contracts...............$ 20,282,600
Utilities.....,...........................$ -0-
Postage....................................$ -0-
W.I.N. Benefits...................... $ 479,964
Benefits for Child Care....................$ 14,998,200
Total Funds Budgeted.......................$ 35,760,764
GEORGIA LAWS 1984 SESSION
1553
Agency Funds.................................$ 7,522,648
Social Services
Block Grant Funds..........................$ 15,098,300
State Funds Budgeted.........................$ 13,139,816
Total Positions Budgeted 0
Authorized Motor Vehicles 111
Purchase of Social Services Functional Budgets
Total Funds State Funds Pos.
Work Incentive Benefits $
Legal Services $
AFDC - Family Foster
Care $
AFDC - Institutional
Foster Care $
Specialized Foster Care $
Child Welfare -
Family Foster Care $
Adoption Supplement $
Liability Insurance $
Emergency Shelter Care $
Day Care $
Psychiatric,
Psychological
and Speech Therapy $
Maternity Care $
Return of Runaways -
County $
Child Welfare
Institutional Foster
Care $
479,964 $ 47,996
475.000 $ 250,000
4.079.000 $ 1,328,530
1,184,800 $ 385,890
355,300 $ 76,500
7.721.000 $ 6,235,000
683.000 $ 631,200
16,000 $ 16,000
99,400 $ 99,400
18,933,000 $ 3,122,000
130.000 $ 130,000
50,000 $ 50,000
7,000 $ 7,000
575.000 $ 575,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1554
GENERAL ACTS AND RESOLUTIONS, VOL. I
Home Management -
Contracts
Outreach - Contracts
Special Projects
Undistributed
Total
$ 161,500 $
$ 773,800 $
$ 37,000 $
$ -0- $
$ 35,760,764 $
23,500 0
124,800 0
37,000 0
-0- 0
13,139,816 0
5. Youth Services - Program
Direction and Support:
Personal Services............................$ 1,237,255
Regular Operating Expenses.................$ 27,855
Travel.....................................$ 27,965
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing.................$ 6,050
Equipment Purchases........................$ 1,693
Computer Charges...........................$ 60,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 29,795
Per Diem, Fees and Contracts...............$ 3,500
Utilities..................................$ -0-
Postage.................................. $ -0-
Benefits for Child Care....................$ -0-
Total Funds Budgeted.......................$ 1,394,113
Indirect DOAS Services Funding.............$ -0-
Agency Funds............................. $ -0-
State Funds Budgeted.......................$ 1,394,113
Total Positions Budgeted 38
Authorized Motor Vehicles 0
6. Services to the Aged Budget:
Personal Services........................ $ 2,607,811
Regular Operating Expenses.................$ 61,417
Travel.....................................$ 101,991
Motor Vehicle Equipment
Purchases...s...........................$ -0-
Publications and Printing..................$ 34,136
Equipment Purchases........................$ 29,171
Computer Charges...........................$ -0-
Real Estate Rentals...................... $ 40,700
GEORGIA LAWS 1984 SESSION
1555
Telecommunications.............................$ 64,680
Per Diem, Fees and Contracts...................$ 21,161,921
Utilities......................................$ -0-
Payments to DMA............................... $ 2,846,618
Postage.................................... $ 11,271
Total Funds Budgeted...........................$ 26,959,716
Social Services
Block Grant Funds............................$ 3,368,100
Agency Funds.................................. $ 17,716,125
State Funds Budgeted...........................$ 5,875,491
Total Positions Budgeted 103
Authorized Motor Vehicles 224
Services to the Aged Functional Budgets
Total Funds State Funds Pos.
Administration and
Planning
Aging Services
Alternative Health
Services
Undistributed
Total
$ 2,783,971 $ 703,648 41
$ 19,189,600 $ 1,452,900 0
$ 4,987,413 $ 3,719,821 62
$ (1,268) $ (878) 0
$ 26,959,716 $ 5,875,491 103
7. Rehabilitation Services Budget:
Personal Services............................$ 21,939,775
Regular Operating Expenses................$ 1,076,580
Travel....................................$ 507,900
Motor Vehicle Equipment
Purchases...............................$ 14,500
Publications and Printing.................$ 59,100
Equipment Purchases.......................$ 17,067
Computer Charges..........................$ 750,763
Real Estate Rentals.......................$ 936,029
Telecommunications........................$ 554,082
Per Diem, Fees and Contracts..............$ 747,802
Utilities.................................$ 212,300
Postage...................................$ 88,700
Grants for Nephrology Centers.............$ 230,000
1556
GENERAL ACTS AND RESOLUTIONS, VOL. I
Contract with Vocational
Rehabilitation Community
Facilities..................................$ 4,010,000
Contract for Epilepsy....................... $ 65,000
Case Services............................. $ 9,202,500
E.S.R.P. Case Services........................$ 75,000
Contract with the Affirmative
Industries..................................$ 110,000
Cerebral Palsy Contract.......................$ 143,000
Total Funds Budgeted....................... $ 40,740,098
Indirect DOAS Services Funding................$ 50,000
Agency Funds..................................$ 27,016,103
State Funds Budgeted..........................$ 13,673,995
Total Positions Budgeted 807
Authorized Motor Vehicles 24
Rehabilitation Services Functional Budgets
Total Funds State Funds Pos.
Program Direction
and Support
Grants Management
Atlanta Rehabilitation
Center
Alto Rehabilitation
Center
Rehabilitation Center
for the Deaf - Cave
Spring
Central Rehabilitation
Center
Georgia Vocational
Adjustment Center -
Gracewood
Ireland Rehabilitation
Center
$ 2,525,727 $ 953,738 48
$ 528,017 $ 454,214 2
$ 1,938,455 $ 431,955 65
$ 290,619 $ 66,227 10
$ 425,142
94,662 16
$ 518,259 $ 118,114 18
$ 388,767 $ 88,445 17
$ 356,567 $ 79,565 13
GEORGIA LAWS 1984 SESSION
1557
M. S. McDonald
Evaluation Center
J. F. Kennedy Center
Production Workshop
District Field Services
Independent Living
Sheltered Employment
Community Facilities
Bobby Dodd Workshop
Undistributed
Total
$ 168,124 $
$ 418,600 $
$ 869,950 $
$ 27,175,100 $
$ 232,069 $
$ 905,720 $
$ 3,685,000 $
$ 325,000 $
$ (11,018) $
$ 40,740,098 $
38,020
95,757
-0-
6,625,747
232,069
396,500
3,685,000
325,000
(11,018)
13,673,995
6
16
0
573
8
15
0
0
0
807
8. Roosevelt Warm Springs
Rehabilitation Institute:
Personal Services............................$ 9,035,190
Regular Operating Expenses.................$ 1,573,400
Travel................................. $ 46,000
Motor Vehicle Equipment
Purchases.............................. $ 39,400
Publications and Printing..................$ 15,000
Equipment Purchases........................$ 128,132
Computer Charges...........................$ 61,000
Real Estate Rentals........................$ -0-
Telecommunications....................... $ 164,485
Per Diem, Fees and Contracts...............$ 1,109,900
Utilities..........................A......$ 475,000
Postage si......................... ..;...$ 13,000
Case Services..................7..........$ 25,000
Capital Outlay...!........................$ -0-
Operations................................ $ -0-
Total Funds Budgeted.......................$ 12,685,507
Indirect DOAS Services Funding.............$ 50,000
Agency Funds...............................$ 8,759,467
1558
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted......................$ 3,876,040
Total Positions Budgeted 427
Authorized Motor Vehicles 24
Roosevelt Warm Springs Rehabilitation Institute
Functional Budgets
Total Funds State Funds Pos.
Administration $ 4,986,457 $ 2,412,893 146
Rehabilitation Services $ 7,702,365 $ 1,466,462 281
Undistributed $ (3,315) $ (3,315) 0
Total $ 12,685,507 $ 3,876,040 427
9. Georgia Factory for the
Blind Budget:
Personal Services.........................$ 3,688,468
Regular Operating Expenses................$ 5,175,048
Travel.........................I..........$ 16,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 6,300
Equipment Purchases.......................$ 95,000
Computer Charges..........................$ 63,696
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 26,900
Per Diem, Fees and Contracts..............$ 96,950
Utilities.................................$ 112,200
Postage................................. $ 5,200
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 9,286,262
Agency Funds............................ $ 8,846,694
State Funds Budgeted......................$ 439,568
Total Positions Budgeted 27
Authorized Motor Vehicles 14
GEORGIA LAWS 1984 SESSION
1559
Georgia Factory for the Blind Functional Budgets
Total Funds State Funds Pos.
Operations
Supervision
Undistributed
Total
$ 8,846,694 $
$ 439,568 $
$ -0- $
$ 9,286,262 $
-0- 9
439,568 18
-0- 0
439,568 27
10. Rehabilitation Services -
Disability Adjudication Budget:
Personal Services..........................$ 10,066,192
Regular Operating Expenses..................$ 207,813
Travel......................................$ 29,700
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 49,800
Equipment Purchases.........................$ 14,350
Computer Charges.....................tO....$ 427,524
Real Estate Rentals.........................$ 575,681
Telecommunications..........................$ 455,200
Per Diem, Fees and Contracts................$ 825,225
Utilities.................................. $ -0-
Postage.....................................$ 203,000
Case Services...............................$ 9,582,679
Total Funds Budgeted........................$ 22,437,164
Agency Funds................................$ 22,437,164
State Funds Budgeted........................$ -0-
Total Positions Budgeted 407
11. Family and Children
Services Budget:
Personal Services......................... $ 10,879,077
Regular Operating Expenses..................$ 15,670,808
Travel......................................$ 344,400
Motor Vehicle Equipment
Purchases.................................$ -0-
Publications and Printing...................$ 937,580
Equipment Purchases.........................$ 7,200
1560
GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges...........................$ 8,332,579
Real Estate Rentals.......................$ 196,895
Per Diem, Fees and Contracts...............$ 6,897,300
Telecommunications.........................$ 1,046,355
Utilities..................................$ 7,200
Postage....................................$ 1,017,800
AFDC Benefits..............................$ 208,591,526
Local Services Benefits
Payments Grants........................ $ 66,323,948
Grants to Counties for
Social Services..........................$ 49,192,009
SSI - Supplement Benefits..................$ 3,500
Grants to Fulton County for
24-hour Emergency Social
Services.................................$ 200,000
Homemaker Meals............................$ 102,038
Chatham County Homemaker
Project................................ $ 479,200
Douglas County Homemaker
Project..................................$ 149,368
Fulton County Homemaker Project............$ 317,000
Total Funds Budgeted.......................$ 370,695,783
Agency Funds............................. $ 216,557,083
Indirect DOAS Services Funding.............$ 2,019,787
Social Services
Block Grant Funds........................$ 18,386,587
State Funds Budgeted.......................$ 133,732,326
Total Positions Budgeted 375
Family and Children Services
Functional Budgets
Total Funds State Funds Pos.
Refugee Benefits $ 1,429,000 $ -0- 0
AFDC Payments $ 208,591,526 $ 67,938,246 0
SSI - Supplement
Benefits $ 3,500 $ 3,500 0
GEORGIA LAWS 1984 SESSION
1561
Energy Benefits
$ 14,500,000 $
Local Services -
Benefits Payments
Grants
Grants to Counties
for Social Services
Food Stamp Issuance
Grants to Fulton County
for 24-hour
Emergency Services
Homemaker Projects
Directors Office
Administration
and Management
District Administration
Program Planning
and Development
Program Management
and Training
Management
Information Systems
Child Development
Administration
Indirect Cost
Undistributed
Total
$ 66,323,948 $ 33,085,266 0
$ 49,192,009 $ 24,117,733 0
$ 2,941,000 $ -0- 0
$ 200,000 $ 200,000 0
$ 1,047,606 $ 466,206 0
$ 579,489 $ 579,489 9
$ 3,924,185 $ 2,574,076 95
$ 3,885,952 $ 3,885,952 106
$ 1,135,265 $ 1,135,265 16
$ 5,234,295 $ 1,950,295 58
$ 10,627,398 $ 4,205,510 57
$ 1,101,280 $ 1,101,280 34
$ -0- $ (7,500,244) 0
$ (20,670) $ (10,248) 0
$ 370,695,783 $ 133,732,326 375
1562
GENERAL ACTS AND RESOLUTIONS, VOL. I
Budget Unit Object Classes:
Personal Services.........................$ 117,284,169
Regular Operating Expenses................$ 51,563,213
Travel....................................$ 2,797,341
Motor Vehicle Equipment
Purchases...............................$ 63,232
Publications and Printing.................$ 1,644,776
Equipment Purchases.......................$ 387,255
Computer Charges..........................$ 12,732,114
Real Estate Rentals.......................$ 5,547,008
Telecommunications........................$ 3,623,260
Per Diem, Fees and Contracts..............$ 72,996,333
Utilities.................................$ 989,350
Postage...................................$ 1,976,031
Capital Outlay............................$ -0-
Grants for Regional Prenatal
and Postnatal Care Programs.............$ 3,879,000
Crippled Children Benefits................$ 4,354,000
Crippled Children Clinics.................$ 517,572
Kidney Disease Benefits...................$ 605,000
Cancer Control Benefits...................$ 2,105,400
Benefits for Medically Indigent
High Risk Pregnant Women and
Their Infants...........................$ 3,994,000
Family Planning Benefits..................$ 301,530
Benefits for Midwifery Program............$ 175,000
Grant-In-Aid to Counties..................$ 36,873,945
Work Incentive Benefits...................$ 479,964
Grants to Fulton County
for 24-hour Emergency
Social Services.........................$ 200,000
Benefits for Child Care...................$ 16,064,200
Homemaker Meals...........................$ 102,038
Chatham County
Homemaker Project.......................$ 479,200
Douglas County
Homemaker Project.......................$ 149,368
Fulton County Homemaker Project...........$ 317,000
Grants for Nephrology Centers.............$ 230,000
Case Services.............................$ 18,810,179
E.S.R.P. Case Services....................$ 75,000
SSI-Supplement Benefits...................$ 3,500
AFDC Benefits.............................$ 208,591,526
GEORGIA LAWS 1984 SESSION
1563
Local Services Benefits
Payments Grants..........................$ 66,323,948
Grants to Counties for Social
Services.............................49,192,009
Contract with Vocational
Rehabilitation Community
Facilities...........................4,010,000
Contract for the Purchase of
Clotting Factor for the
Hemophilia Program........................$ 100,000
Contract with the
Affirmative Industries....................$ 110,000
Institutional Repairs
and Maintenance......................... $ -0-
Contract with Emory University
for Arthritis Research....................$ 210,000
Grant for Epilepsy Program..................$ 65,000
Grant to Grady Hospital for
Cystic Fibrosis Program................. $ 42,000
Contract for Scoliosis
Screening.................................$ 115,000
Menninger Group Homes..................... $ 376,000
Contract - Georgia
Advocacy Office, Inc......................$ 215,000
Grant for Teenage Pregnancy
Prevention Program........................$ 250,000
Contract - Cancer Research
at Emory........................:........$ 115,000
Contract - Macon-Bibb County
Hospital Authority...................... $ 5,500,000
Cerebral Palsy Contract.....................$ 143,000
Grants to Counties for
Metabolic Disorders
Screening and Testing........;............$ 45,000
Payments to DMA........................... $ 2,846,618
Contract with
Housing Alternatives.......:.............$ 70,000
Contract with Auditory
Educational Clinic........................$ 78,000
Total Positions Budgeted 4,294
1564
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 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 $67,938,246 in
State funds for the purpose of making AFDC
benefit payments.
Provided that for Fiscal 1985, the following
maximum benefits and maximum standards of
need shall apply:
Number in
Asst. Group
Standards Maximum Monthly
of Need Amount
1
2
3
4
5
6
7
8
9
10
11
$ 202
306
366
432
494
536
580
616
648
694
742
$ 115
174
208
245
280
304
329
350
368
394
421
Provided further, that the Department of
Human Resources is authorized to calculate all
GEORGIA LAWS 1984 SESSION
1565
monthly benefit payments utilizing a factor of
56.77 % of the above standard of needs.
Provided, that of the above appropriation,
$143,000 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, $42,000 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.
1566
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.
Provided, that of the above appropriation, the
Department of Human Resources is authorized to
allocate one additional nursing position to
Lumpkin County.
It is the intent of the General Assembly that the
Department of Human Resources transfer funds
from other areas of Budget Unit A to insure that
rates in effect for the various Special Program
Services of AFDC-Institutional Foster Care and
Child Welfare-Institutional Foster Care be not less
than the rates paid for such various services on
June 30,1983.
For the purposes of this Act, common object
classes are defined as: Personal Services, Regular
Operating Expenses, Travel, Motor Vehicle
Equipment Purchases, Publications and Printing,
Equipment Purchases, Computer Charges, Real
GEORGIA LAWS 1984 SESSION
1567
Estate Rentals, Telecommunications, Per Diem,
Fees and Contracts and Utilities.
Provided that grants of Maternal and Child
Health Block Grant funds above the amounts
anticipated in this appropriation shall be used to
improve and expand Public Health programs, with
priority given to programs which address the prob-
lem of high infant mortality and/or morbidity, and
not to supplant State funds in this appropriation,
provided that such programs not be expanded to
levels which such increased funding would not be
sufficient to sustain in subsequent years.
Provided that of the funds available in the
Public Health Budget not less than $125,000 is
committed for funding of the Community Cardio-
vascular Council Stroke-Screening Program.
Provided, that, of the above appropriation rela-
tive to Troubled Children, funds unexpended for
either in-state or out-of-state residential treat-
ment for troubled children shall be allocated to the
treatment of youth and adolescents who qualify for
Intermediate Level Institutional Foster Care.
Provided that of the above appropriation,
$40,000 is designated and committed for a program
of screening and treatment of diabetes in the
Columbus area.
B. Budget Unit: State Health Planning
and Development...................$ 475,888
State Health Planning
and Development Budget:
Personal Services........................$ 642,347
Regular Operating Expenses...............$ 45,184
Travel...................................$ 5,000
Publications and Printing................$ 2,100
Equipment Purchases......................$ -0-
Computer Charges.........................$ 15,000
Real Estate Rentals......................$ 80,200
Telecommunications.......................$ 26,373
Per Diem, Fees and Contracts.............$ 69,939
1568 GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage...................................$ 6,600
Total Funds Budgeted......................$ 892,743
Indirect DOAS Services Funding............$ -0-
Agency Funds............................ $ 416,855
State Funds Budgeted......................$ 475,888
Total Positions Budgeted 21
Authorized Motor Vehicles 0
Budget Unit Object Classes:
Personal Services....................... $ 642,347
Regular Operating Expenses................$ 45,184
Travel.............................. $ 5,000
Publications and Printing.................$ 2,100
Equipment Purchases..................... $ -0-
Computer Charges..........................$ 15,000
Real Estate Rentals.......................$ 80,200
Telecommunications...................... $ 26,373
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.......................$ 308,323,996
Departmental Operations:
Personal Services.........................$ 255,182,865
Regular Operating Expenses...,............$ 27,254,565
Travel.................................. $ 576,700
Motor Vehicle Equipment
Purchases............................. $ 745,391
Publications and Printing............... $ 60,450
Equipment Purchases..................... $ 1,773,206
Computer Charges...................... $ 2,063,871
Real Estate Rentals.......................$ 389,146
Telecommunications...................... $ 2,407,468
Per Diem, Fees and Contracts..............$ 3,051,050
Utilities............................... $ 15,813,801
Postage................................. $ 209,051
Capital Outlay.......................... $ 254,000
Authority Lease Rentals...................$ 2,464,752
GEORGIA LAWS 1984 SESSION
1569
Grants to County-Owned
Detention Centers.......................$ 2,187,080
Drug Abuse Contracts.......................$ 980,656
Day Care Centers for the
Mentally Retarded.......................$ 53,948,205
MR Day Care Center Motor
Vehicle Purchases.......................$ 602,160
Supportive Living Staff....................$ 1,446,213
Supportive Living Benefits.................$ 6,006,171
Georgia State Foster
Grandparent/Senior
Companion Program.......................$ 525,000
Community Mental Health
Center Services.........................$ 64,519,856
Project Rescue.............................$ 305,752
Project ARC................................$ 191,794
Project Friendship.........................$ 257,442
Group Homes for
Autistic Children.......................$ 282,266
Uniform Alcoholism Projects................$ 2,755,047
Child Care Benefits........................$ 16,000
Community Mental
Retardation Staff.......................$ 3,357,418
Community Mental Retardation
Residential Services....................$ 12,628,366
Lumpkin Area Individual
Living, Inc.............................$ 26,800
Total Funds Budgeted.......................$ 462,282,542
Agency Funds...............................$ 124,691,352
Indirect DOAS Services Funding.............$ 1,625,000
Social Services
Block Grant Funds..................... $ 27,642,194
State Funds Budgeted.......................$ 308,323,996
Total Positions Budgeted 12,620/12,540
Authorized Motor Vehicles 1,549
The expenditure object amounts displayed
above represent the budget unit object totals.
1570
GENERAL ACTS AND RESOLUTIONS, VOL. I
Community Mental Health/Mental Retardation,
Youth Services and Institutional Functional Budgets
Total Funds State Funds
Georgia Regional
Hospital at Augusta $ 12,415,525 $ 10,576,739
Georgia Regional
Hospital at Atlanta $ 15,954,443 $ 12,595,596
Georgia Regional
Hospital at
Savannah
$ 12,815,047 $ 11,284,080
West Central Georgia
Regional Hospital $ 10,764,268 $ 8,845,667
Northwest Regional
Hospital at Rome $ 16,814,316 $ 12,554,223
Gracewood State
School and Hospital
$ 35,211,983 $ 21,477,478
Southwestern State
Hospital $ 24,526,844 $ 16,219,716
Georgia Retardation
Center
Georgia Mental
Health Institute
Central State
Hospital
Mental Health
Community
Assistance
$ 23,168,110 $ 13,704,792
$ 15,342,501 $ 13,119,932
$ 94,314,445 $ 66,308,404
Pos.
502
637
509
420
674
1,546/
1,533
1,104/
1,075
882
531
3,862/
3,824
$ 6,302,593 $ 6,245,693 221
GEORGIA LAWS 1984 SESSION
1571
Outdoor Therapeutic
Program
Mental Retardation
Community
Assistance
Central Pharmacy
Metro Drug
Abuse Centers
Day Care Centers for
the Mentally
Retarded
Supportive Living
Georgia State Foster
Grandparent/Senior
Companion Program
Community Mental
Retardation Staff
Community Mental
Retardation
Residential Services
Group Homes for
Autistic Children
Project Rescue
Drug Abuse Contracts
Project ARC
Project Friendship
Community Mental
Health Center
Services
$ 1,175,712 $ 1,175,712
$ 1,794,340 $ 1,794,340
$ 124,451 $ 124,451
$ 1,292,630 $ 649,540
$ 54,550,365 $ 22,137,642
$ 7,452,384 $ 4,294,681
$ 525,000 $ 525,000
$ 3,357,418 $ 2,445,183
$ 12,628,366 $ 7,777,366
282,266 $
305,752 $
980,656 $
191,794 $
257,442 $
282,266
142,752
980,656
191,794
257,442
40
62
3
44
0
0
0
0
0
0
0
0
0
$ 64,519,856 $ 29,273,846
1572
GENERAL ACTS AND RESOLUTIONS, VOL. I
Uniform Alcoholism
Projects
Central Laboratory
Lumpkin Area
Individual Living,
Inc.
State Youth
Development Centers
Regional Youth
Development Centers
Group Homes
Community Detention
Day Centers
Community Treatment
Centers
Court Services
Runaway Investigations
Interstate Compact
Purchase of Services
Assessment and
Classification
Undistributed
Total
$ 2,755,047 $ 1,881,553
$ 269,075 $ -0-
$ 26,800 $ 26,800
$ 17,581,028 $ 17,111,535
$ 11,977,112 $
$ 512,626 $
$
$
$
$
$
11,714,144
512,626
$ 1,111,026 $ 1,111,026
$ 690,822 $ 690,822
1,957,593 $
6,523,818 $
401,908 $
82,811 $
654.000 $
209.000 $
461,369 $
1,957,593
6,523,818
401,908
82,811
654.000
209.000
461,369
0
6
$ 462,282,542 $ 308,323,996
741
414
19
17
23
77
258
15
3
0
10
0
12,620/
12,540
GEORGIA LAWS 1984 SESSION
1573
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 to $392 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.
1574
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 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 $2,500,000 of 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-
ity (Hospital) is authorized to make $250,000 of
surplus and reserves available for the aforemen-
tioned purposes.
Provided, however, the Department is autho-
rized and directed to utilize $123,500 of available
GEORGIA LAWS 1984 SESSION
1575
surplus and reserves of the Georgia Building
Authority (Hospital) for completion of Phase II of
the electrical system upgrading and for repair of an
elevator in the Powell Building at Central State
Hospital.
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.
Provided, that of the above appropriation
relating to Georgia State Foster Grandparent/
Senior Companion Program, not more than
$25,000 is to be expended for administrative cost of
the program.
Provided, however, the Department is autho5
rized to utilize $507,600 of available surplus and
reserves of the Georgia Building Authority (Hospi-
tal) to fund major maintenance and repairs at
Atlanta Regional Hospital ($165,000), Georgia
Retardation Center ($64,000), Gracewood State
School and Hospital ($220,600) and Georgia
Mental Health Institute ($58,000).
Provided, however, that Central State Hospi-
tal, Southwestern State Hospital, and Gracewood
State Hospital are authorized to transfer available
surplus funds of no more than $100,000 each to the
Department of Offender Rehabilitation to provide
appropriate security coverage for inmate labor at
these hospitals.
Provided, however, that the Department is
authorized to use available surplus Medicaid funds
at Southwestern State Hospital to fund no more
than $150,000 in repair and maintenance costs due
to construction interruptions at that hospital.
1576
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 24. Department of Industry
and Trade.
A. Budget Unit: Department of Industry
and Trade..........................$ 11,130,293
State Operations Budget:
Personal Services..........................$ 4,726,596
Regular Operating Expenses.................$ 696,763
Travel.....................................$ 277,100
Motor Vehicle Equipment
Purchases..................................$ 13,000
Publications and Printing..................$ 295,650
Equipment Purchases........................$ 23,669
Computer Charges......................... $ 92,325
Real Estate Rentals...................... $ 313,085
Telecommunications.........................$ 157,439
Per Diem, Fees and Contracts...............$ 156,850
Postage....................................$ 145,000
Local Welcome Center Contracts.............$ 110,000
Advertising................................$ 1,243,000
Georgia Ports Authority -
Authority Lease Rentals................ $ 2,735,000
Georgia Ports Authority -
General Obligation Bond
Payments............................... $ 6,144,392
Historic Chattahoochee
Commission Contract......................$ 50,000
Atlanta Council for
International Visitors...................$ 25,000
Waterway Development in Georgia............$ 50,000
Georgia Music Week Promotion...............$ 20,000
Georgia World Congress Center
Operating Expenses..................... $ 600,000
Contract - Georgia Association
of Broadcasters..........................$ 51,500
Southern Center for
International Studies....................$ 25,000
Contract - Lanier Regional
Committee ..........:....................$ 12,500
Total Funds Budgeted.......................$ 17,963,869
State Funds Budgeted.......................$ 11,130,293
Total Positions Budgeted 193
Authorized Motor Vehicles 21
GEORGIA LAWS 1984 SESSION
1577
The expenditure object amounts displayed
above represent the budget unit object totals.
Department of Industry and Trade
Functional Budgets
Industry
Research
Tourism - Promotional
Tourist - Welcome
Centers
Internal Administration
International
Advertising
Undistributed
Total
Total Funds State Funds
$ 759,393 $ 759,393
$ 462,867 $
$ 1,211,528 $
462,867
1,211,528
$ 2,165,478 $ 2,065,478
$ 11,147,542 $ 4,413,966
$ 970,359 $ 970,359
$ 1,243,000 $ 1,243,000
$ 3,702 $ 3,702
$ 17,963,869 $ 11,130,293
Pos.
18
14
27
93
24
17
0
0
193
Provided, however, that of the above appropri-
ation relative to advertising, $12,000 is designated
and committed for brochures promoting Georgias
agriculture, for distribution at Welcome Centers.
B. Budget Unit: Authorities...................$ -0-
1. Georgia World Congress Budget:
Personal Services....................... $ 5,083,711
Regular Operating Expenses................$ 2,300,136
Travel.................................. $ 42,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 36,000
Equipment Purchases.......................$ 50,000
Computer Charges..........................$ 18,000
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 80,160
1578
GENERAL ACTS AND RESOLUTIONS, VOL. I
Per Diem, Fees and Contracts...............$ 339,600
Atlanta Convention and
Visitors Bureau....................... $ 1,416,000
Total Funds Budgeted.......................$ 9,365,607
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 215
2. Georgia Ports Authority Budget:
Personal Services..........................$ 24,911,178
Regular Operating Expenses.................$ 8,657,251
Travel.....................................$ 478,728
Motor Vehicle Equipment
Purchases............;..................$ 656,000
Publications and Printing..................$ 118,919
Equipment Purchases...................... $ 2,604,560
Real Estate Rentals........................$ 109,343
Telecommunications.........................$ 333,256
G.O. Bonds and Lease Rentals...............$ 7,233,576
Computer Charges...........................$ 502,856
Per Diem, Fees and Contracts...............$ 1,332,740
Other Debt-Service Payments................$ 820,000
Capital Outlay - Internal
Operations......i.......................$ 1,113,153
Capital Reinvestment.......................$ -0-
Total Funds Budgeted.......................$ 48,871,560
State Funds Budgeted.......................$ -0-
Total Positions Budgeted 780
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.
GEORGIA LAWS 1984 SESSION
1579
Budget Unit Object Classes:
Personal Services....................... $ 29,994,889
Regular Operating Expenses................$ 10,957,387
Travel................................ $ 520,728
Motor Vehicle Equipment
Purchases............................. $ 656,000
Publications and Printing.................$ 154,919
Equipment Purchases.......................$ 2,654,560
Computer Charges..........................$ 520,856
Real Estate Rentals.......................$ 109,343
Telecommunications........................$ 413,416
Per Diem, Fees and Contracts..............$ 1,672,340
G.O. Bonds and Lease Rentals..............$ 7,233,576
Other Debt-Service Payments...............$ 820,000
Capital Outlay - Internal
Operations..............................$ 1,113,153
Atlanta Convention and
Visitors Bureau.........................$ 1,416,000
Total Positions Budgeted 995
Authorized Motor Vehicles 36
Section 25. Department of Labor.
Budget Unit: Department of Labor...............$ 4,205,929
State Operations:
Personal Services.........................$ 56,956,820
Regular Operating Expenses................$ 2,602,196
Travel................................ $ 1,215,600
Motor Vehicle Equipment
Purchases............................. $ -0-
Publications and Printing.................$ 17,380
Equipment Purchases..................i....$ 564,648
Computer Charges........................ $ 1,723,700
Real Estate Rentals................4.......$ 1,615,300
Telecommunications........................$ 1,192,218
Per Diem, Fees and
Contracts (JTPA)....................... $ 50,000
Per Diem, Fees and Contracts..............$ 950,600
W.I.N. Grants.............................$ 287,600
Total Funds Budgeted......................$ 67,176,062
State Funds Budgeted......................$ 4,205,929
Total Positions Budgeted 1,930
Authorized Motor Vehicles 6
1580
GENERAL ACTS AND RESOLUTIONS, VOL. I
The expenditure object amounts displayed
above represent the budget unit object totals.
Department of Labor Functional Budgets
Inspection
Basic Employment
Work Incentive
Food Stamps
Job Training
Partnership
Correctional Services
Undistributed
Total
Total Funds State Funds Pos.
$ 826,404 $ 826,404 28
$ 52,414,354 $
$ 2,714,777 $
$ 1,229,387 $
$ 7,691,093 $
$ 2,208,305 $
$ 91,742 $
$ 67,176,062 $
808,000 1,495
271,478 82
-0-
-0-
2,208,305
91,742
4,205,929
47
200
78
0
1,930
Section 26. Department of Law.
Budget Unit: Department of Law................$ 5,283,501
Attorney Generals Office Budget:
Personal Services.........................$ 4,678,151
Regular Operating Expenses................$ 263,808
Travel.................................. $ 116,000
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing............... $ 33,500
Equipment Purchases.......................$ 10,600
Computer Charges..........................$ 68,392
Real Estate Rentals.......................$ 314,607
Telecommunications........................$ 98,243
Per Diem, Fees and Contracts..............$ 36,500
Books for State Library...................$ 60,000
Capital Outlay............................$ -0-
Total Funds Budgeted......................$ 5,679,801
GEORGIA LAWS 1984 SESSION
1581
State Funds Budgeted........................$ 5,283,501
Total Positions Budgeted 119
Authorized Motor Vehicles 1
The expenditure object amounts displayed
above represent the budget unit object totals.
Provided, however, that of the above appropri-
ation relative to regular operating expenses,
$30,500 is designated and committed for Court
Reporter Fees.
Section 27. Department of
Medical Assistance.
Budget Unit: Medicaid Services.................$ 230,300,935
Departmental Operations Budget:
Personal Services.......i.\................$ 5,818,580
Regular Operating Expenses.................$ 171,322
Travel.....................................$ 117,725
Motor Vehicle
Equipment Purchases......................$ -0-
Publications and Printing..................$ 94,100
Equipment Purchases........................$ 13,010
Computer Charges...........................$ 4,589,565
Real Estate Rentals........................$ 928,900
Telecommunications.........................$ 186,806
Per Diem, Fees and Contracts...............$ 10,489,540
Postage....................................$ 150,000
Medicaid Benefits..........................$ 743,673,852
Payments to Counties for
Mental Health............................$ 10,385,150
Audits Contracts...........................$ 766,500
Total Funds Budgeted..................... $ 777,385,050
State Funds Budgeted..................... $ 230,300,935
Total Positions Budgeted 225
Authorized Motor Vehicles 3
The expenditure object amounts displayed
above represent the budget unit object totals.
1582
GENERAL ACTS AND RESOLUTIONS, VOL. I
Medical Assistance Functional Budgets
Commissioners Office
Program Management
Administration
Operations
Program Integrity
Benefits
Undistributed
Total
Total Funds
$ 632,820
$ 11,983,113
$ 2,110,507
$ 6,119,541
$ 2,480,067
$ 754,059,002
$ -0-
$ 777,385,050
State Funds
$
266,528
$ 1,457,536
$ 756,844
$ 1,529,884
$ 1,061,072
$ 225,229,071
-0-
$ 230,300,935
Pos.
11
41
36
50
87
0
0
225
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 28. Merit System of Personnel
Administration.
Budget Unit: Merit System of Personnel
Administration
Agency Assessments................$ 5,645,374
Departmental Operations Budget:
Personal Services........................ $ 4,277,529
Regular Operating Expenses.................$ 98,575
Travel.....................................$ 46,848
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 149,216
Equipment Purchases........................$ 6,311
Computer Charges...........................$ 1,339,800
GEORGIA LAWS 1984 SESSION
1583
Real Estate Rentals........................$ 573,145
Telecommunications.........................$ 107,145
Per Diem, Fees and Contracts...............$ 17,011,989
Postage....................................$ 135,860
Health Insurance Claim Payments............$ 181,950,000
Total Funds Budgeted.......................$ 205,696,418
Agency Assessments.........................$ 5,645,374
Employee and Employer
Contributions............................$ 200,017,345
Deferred Compensation......................$ 33,699
Total Positions Budgeted 162
Authorized Motor Vehicles 0
The expenditure object amounts displayed
above represent the budget unit object totals.
Merit System Functional Budgets
Total Funds State Funds
1,707,742 $
Applicant Services
Classification and
Compensation
Program Evaluation and
Audit
Employee Training and
Development
Health Insurance
Administration
Health Insurance Claims
Internal Administration
761,953 $
584,548 $
904,829 $
$ 5,629,744 $
$ 194,207,939 $
$ 900,588 $
-0-
-0-
-0-
-0-
-0-
-0-
-0-
Pos.
39
19
13
23
27
0
33
1584 GENERAL ACTS AND RESOLUTIONS, VOL. I
Commissioners Office
Undistributed
Total
$ 995,929 $
$ 3,146 $
$ 205,696,418 $
-(
-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.
Provided, however, the Department is autho-
rized to assess no more than $110.90 per merit
system budgeted position for the cost of depart-
mental operations.
Section 29. Department of Natural
Resources.
A. Budget Unit: Department of Natural
Resources........................$
1. Internal Administration Budget:
Personal Services.................. .....$
Regular Operating Expenses................$
Travel....................................$
Motor Vehicle Equipment Purchases.........$
Publications and Printing............... $
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications...................... $
Per Diem, Fees and Contracts..............$
Postage................................. $
Payments to Lake Lanier Islands
Development Authority..........;.......$
Capital Outlay - Heritage Trust...........$
Total Funds Budgeted..................... $
Receipts from Jekyll Island
State Park Authority.....................$
8
0
162
50,701,141
2,472,269
162,169
19,500
8,800
180,500
8,000
160,597
165,527
71,869
105,005
89,586
540,000
75,000
4,058,822
53,750
GEORGIA LAWS 1984 SESSION
1585
Receipts from Stone Mountain
Memorial Association.....................$ 328,500
State Funds Budgeted..................... $ 3,676,572
Total Positions Budgeted 80
2. Game and Fish Budget:
Personal Services..........................$ 13,873,360
Regular Operating Expenses.................$ 3,078,591
Travel.....................................$ 80,000
Motor Vehicle Equipment
Purchases................................$ 713,039
Publications and Printing..................$ 78,000
Equipment Purchases........................$ 430,700
Computer Charges...........................$ 45,793
Real Estate Rentals........................$ 45,394
Telecommunications.........................$ 229,449
Per Diem, Fees and Contracts...............$ 80,800
Postage....................................$ 62,466
Capital Outlay -
Consolidated Maintenance.................$ 333,713
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition....................$ 375,000
Total Funds Budgeted.......................$ 19,426,305
Indirect DOAS Services Funding.............$ -0-
State Funds Budgeted.......................$ 15,702,038
Total Positions Budgeted 477
3. Parks, Recreation and
Historic Sites Budget:
Personal Services..........................$ 9,678,786
Regular Operating Expenses.................$ 3,683,267
Travel.....................................$ 77,878
Motor Vehicle Equipment
Purchases................................$ 285,300
Publications and Printing..................$ 98,355
Equipment Purchases........................$ 219,000
Computer Charges...........................$ 17,000
Real Estate Rentals........................$ 130,765
Telecommunications.........................$ 244,720
Per Diem, Fees and Contracts...............$ 61,202
Postage....................................$ 57,600
1586 GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Repairs
and Maintenance........................$
Capital Outlay - Shop Stock...............$
Cost of Material for Resale...............$
Authority Lease Rentals...................$
Land and Water Conservation
Grants.................................$
Recreation Grants.........................$
Contract .:- Special Olympics, Inc........$
Georgia Sports Hall of Fame...............$
Capital Outlay - User Fee
Enhancements...........................$
Technical Assistance Contract.............$
Grant - The Hay House.....................$
Contract - Corps of Engineers
(Cold Water Creek St. Park)............$
Grant - Tybee Island......................$
Advertising and Promotion.................$
Total Funds Budgeted......................$
Indirect DOAS Services Funding............$
State Funds Budgeted......................$
Total Positions Budgeted
4. Environmental Protection Budget:
Personal Services.........................$
Regular Operating Expenses................$
Travel....................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing.................$
Equipment Purchases.......................$
Computer Charges..........................$
Real Estate Rentals.......................$
Telecommunications........................$
Per Diem, Fees and Contracts..............$
Postage...................................$
Solid Waste Grants........................$
Water and Sewer Grants....................$
Contract with U.S. Geological
Survey for Ground Water
Resources Survey.......................$
Topographic Mapping U.S.
Geological Survey......................$
829.000
300.000
1.025.000
1.857.000
1.400.000
415.000
186.000
50.000
1,457,663
125.000
40.000
126,192
60.000
100.000
22.524.728
-0-
13.349.728
374
10,342,186
641,805
242,400
67,631
85,117
78,751
134,000
516,905
183,729
540,710
96,112
1,000,000
6,000,000
250,437
125,000
GEORGIA LAWS 1984 SESSION
1587
Contract - Georgia Rural
Water Association........................$ 10,000
Total Funds Budgeted.......................$ 20,314,783
State Funds Budgeted.......................$ 16,865,783
Total Positions Budgeted 314
5. Coastal Resources Budget:
Personal Services........................ $ 806,576
Regular Operating Expenses.................$ 173,943
Travel............................... ....$ 11,950
Motor Vehicle Equipment Purchases..........$ 24,000
Publications and Printing..................$ 20,208
Equipment Purchases........................$ 23,241
Computer Charges......................... $ 15,477
Real Estate Rentals...................,....$ -0-
Telecommunications.........................$ 20,236
Per Diem, Fees and Contracts...............$ 8,500
Postage.................................. $ 9,639
Capital Outlay - Buoy Maintenance..........$ 20,000
Capital Outlay - Repairs and
Maintenance..............................$ 33,250
Total Funds Budgeted.......................$ 1,167,020
State Funds Budgeted.......................$ 1,107,020
Total Positions Budgeted 26
Budget Unit Object Classes:
Personal Services..........................$ 37,173,177
Regular Operating Expenses.................$ 7,739,775
Travel................................. $ 431,728
Motor Vehicle Equipment
Purchases.............................. $ 1,098,770
Publications and Printing................ $ 462,180
Equipment Purchases........................$ 759,692
Computer Charges...........................$ 372,867
Real Estate Rentals........................$ 858,591
Telecommunications.........................$ 750,003
Per Diem, Fees and Contracts...............$ 796,217
Postage.........M..........................$ 315,403
Land and Water Conservation
Grants......................... ........$ 1,400,000
Recreation Grants..........,...............$ 415,000
Water and Sewer Grants.....................$ 6,000,000
Solid Waste Grants.........................$ 1,000,000
1588
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 - Repairs
and Maintenance..........................$ 862,250
Capital Outlay - Shop Stock................$ 300,000
Capital Outlay - Heritage Trust............$ 75,000
Authority Lease Rentals....................$ 1,857,000
Cost of Material for Resale................$ 1,025,000
Payments to Lake Lanier Islands
Development Authority....................$ 540,000
Contract - Special Olympics,
Inc......................................$ 186,000
Georgia Sports Hall of Fame................$ 50,000
Capital Outlay - Heritage
Trust - Wildlife Management
Area Land Acquisition....................$ 375,000
Capital Outlay - User Fee
Enhancements.............................$ 1,457,663
Capital Outlay - Buoy
Maintenance..............................$ 20,000
Capital Outlay -
Consolidated Maintenance.................$ 333,713
Technical Assistance Contract..............$ 125,000
Contract - Georgia Rural
Water Association........................$ 10,000
Grant - The Hay House......................$ 40,000
Contract - Corps of Engineers
(Cold Water Creek St. Park)..............$ 126,192
Grant - Tybee Island.......................$ 60,000
Advertising and Promotion................ $ 100,000
Total Positions Budgeted 1,271
Authorized Motor Vehicles 1,021
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 Commission,
except that land specifically provided for in this
Section.
GEORGIA LAWS 1984 SESSION
1589
Provided, however, that $1,000,000 of the above
appropriation for Water and Sewer Grants shall be
available for allotment to counties and municipali-
ties for emergency type projects, and that
$5,000,000 is designated and committed for grants
to local governments for water and sewer projects
utilizing a maximum State match of 50% of the
total cost of each project. Provided, further that
no allocation of funds for this purpose shall be
made prior to the official approval thereof by the
Board of Natural Resources.
Provided that to the extent State Parks and
Historic Sites receipts are realized in excess of the
amount of such funds contemplated in this Act,
the Department of Natural Resources is autho-
rized and directed to use the excess receipts to
provide for the most immediate critical needs of
the Parks, Recreation and Historic Sites Division
to include repairs and maintenance of State Parks
and Historic Sites facilities.
B. Budget Unit: Authorities..........................$ -0-
1. Lake Lanier Islands Development
Authority Budget:
Personal Services.........................$ 1,672,614
Regular Operating Expenses.......................$ 716,279
Travel..................................... ....$ 3,700
Motor Vehicle Equipment Purchases................$ 22,000
Publications and Printing........................$ 46,320
Equipment Purchases............I...........$ 80,738
Computer Charges................................ $ 4,000
Real Estate Rentals..............................$ -0-
Telecommunications............................. $ 44,733
Per Diem, Fees and Contracts.....................$ 20,620
Capital Outlay................................. $ -0-
Campground Sinking Fund..........................$ -0-
Promotion Expenses................ii.i...........$ -0-
Total Funds Budgeted.............................$ 2,611,004
State Funds Budgeted.............................$ -0-
Total Positions Budgeted 64
1590
GENERAL ACTS AND RESOLUTIONS, VOL. I
2. Jekyll Island State Park
Authority Budget:
Personal Services....................... $ 2,834,785
Regular Operating Expenses................$ 1,865,000
Travel....................................$ 32,000
Motor Vehicle Equipment Purchases.........$ 60,000
Publications and Printing.................$ 35,000
Equipment Purchases.......................$ 75,000
Computer Charges........................ $ -0-
Real Estate Rentals.......................$ -0-
Telecommunications...................... $ 42,000
Per Diem, Fees and Contracts..............$ 80,000
Mortgage Payments.........................$ -0-
Capital Outlay........................ $ -0-
Promotion Expenses........................$ -0-
Payments to the Department
of Natural Resources....................$ 53,750
Total Funds Budgeted.................... $ 5,077,535
State Funds Budgeted.................... $ -0-
Total Positions Budgeted 165
Budget Unit Object Classes:
Personal Services.........................$ 4,507,399
Regular Operating Expenses................$ 2,581,279
Travel................................ $ 35,700
Motor Vehicle Equipment Purchases.........$ 82,000
Publications and Printing.................$ 81,320
Equipment.................................$ 155,738
Computer Charges..........................$ 4,000
Real Estate Rentals.......................$ -0-
Telecommunications........................$ 86,733
Per Diem, Fees and Contracts..............$ 100,620
Capital Outlay............................$ -0-
Promotion Expense.........................$ -0-
Campground Sinking Fund...................$ -0-
Payments to the Department
of Natural Resources....................$ 53,750
Mortgage Payments.........................$ *0-
Total Positions Budgeted 229
Authorized Motor Vehicles 100
GEORGIA LAWS 1984 SESSION
1591
Section 30. Department of Offender
Rehabilitation.
A. Budget Unit: Departmental Operations......$ 22,223,717
Departmental Operations Budget:
Personal Services..........................$ 8,905,823
Regular Operating Expenses.................$ 605,600
Travel.....................................$ 340,680
Motor Vehicle Equipment
Purchases.............................. $ -0-
Publications and Printing..................$ 53,600
Equipment Purchases........................$ 43,290
Computer Charges...........................$ 650,578
Real Estate Rentals........................$ 989,593
Telecommunications.........................$ 311,398
Per Diem, Fees and Contracts...............$ 913,655
Utilities..................................$ 44,000
County Subsidy.............................$ 7,117,500
County Subsidy for Jails...................$ 753,000
Court Costs............................... $ 300,000
Central Repair Fund........................$ 550,000
Grants for County
Workcamp Construction...................$ 840,000
Local Jail Equipment Grants................$ 50,000
Grants for Local Jails.................... $ 400,000
Total Funds Budgeted.......................$ 22,868,717
State Funds Budgeted...................... $ 22,223,717
Total Positions Budgeted 336
Authorized Motor Vehicles 70
The expenditure object amounts displayed
above represent the budget unit object totals.
Departmental Operations Functional Budgets
Total Funds State Funds Pos.
General Administration
and Support $ 6,472,753 $ 6,022,753 139
Audit Facilities
and Programs
15,134,047 $
14,939,047
165
1592
GENERAL ACTS AND RESOLUTIONS, VOL. I
Training and Staff
Development $ 1,261,917 $ 1,261,917 32
Undistributed $ -0- $ ,-0- 0
Total $ 22,868,717 $ 22,223,717 336
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..............................$ 136,857,926
Institutional Operations Budget:
Personal Services...........................$ 93,370,988
Regular Operating Expenses..................$ 17,715,549
Travel........................................$ 72,765
Motor Vehicle Equipment
Purchases.................................$ 441,000
Publications and Printing...................$ 80,000
Equipment Purchases.........................$ 1,624,887
Computer Charges.......................... $ -0-
Real Estate Rentals.........................$ 236,530
Telecommunications........................ $ 866,106
Per Diem, Fees and Contracts................$ 347,000
Utilities...................................$ 6,618,650
Payments to Central State
Hospital for Meals........................$ 2,296,600
Payments to Central State
Hospital for Utilities.................. $ 951,700
Inmate Release Funds...............916,000
Health Service Purchases....................$ 11,878,464
Payments to the Medical
Association of Georgia for
Jail and Prison Health
Care Certification........................$ 40,480
Authority Lease Rentals.....................$ 440,000
GEORGIA LAWS 1984 SESSION
1593
Capital Outlay..............................$ 805,000
Total Funds Budgeted........................$ 138,701,719
State Funds Budgeted........................$ 136,857,926
Total Positions Budgeted 4,603
Authorized Motor Vehicles 379
The expenditure object amounts displayed
above represent the budget unit object totals.
Correctional Institutions, Transitional Centers,
and Support Functional Budgets
Total Funds State Funds
Georgia Training and
Development Center
Georgia Industrial
Institute
Alto Education and
Evaluation Center
Georgia Diagnostic and
Classification Center
Georgia State Prison
Consolidated Branches
Middle Georgia
Correctional Institute
$ 1,763,627
$ 7,230,386
$ 1,614,172
$ 7,688,468
$ 19,584,653
$ 12,418,536
$ 19,051,480
$ 1,763,627
$ 7,230,386
$ 1,334,571
$ 7,688,468
$ 19,584,653
$ 12,292,496
$ 19,051,480
Jack T. Rutledge
Correctional
Institution $ 3,710,882 $ 3,710,882
Central Correctional
Institution
$ 3,119,515 $ 3,119,515
Metro Correctional
Institution
4,158,657 $ 4,158,657
Pos.
66
298
48
321
884
515
804
155
135
183
1594
GENERAL ACTS AND RESOLUTIONS, VOL. I
Coastal Correctional
Institution
Central Funds
D.O.T. Work Details
Food Processing and
Distribution
Farm Operations
Dodge Correctional
Institution
Transitional Centers
Augusta Correctional
and Medical
Institution
Health Care
Undistributed
$ 4,028,470 $ 3,976,630
$ 7,948,589 $ 7,948,589
640,848 $
-0-
$ 10,902,504 $ 10,201,040
$ 4,767,561 $ 4,723,561
$ 3,328,339
$ 3,289,942
3,328,339
3,289,942
$ 5,543,410 $ 5,543,410
$ 17,911,680 $ 17,911,680
$
-0- $
-0-
176
3
32
192
37
144
119
254
237
0
Total
$ 138,701,719 $ 136,857,926 4,603
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, that the above total funds appropri-
ated for Health Services Purchases includes
payments to jails for State prisoners medical
costs.
GEORGIA LAWS 1984 SESSION
1595
C. Budget Unit: Board of Pardons and
Paroles............................$ 11,377,154
Board of Pardons and Paroles Budget:
Personal Services..........................$ 9,472,499
Regular Operating Expenses.................$ 262,688
Travel.....................................$ 394,118
Motor Vehicle Equipment
Purchases.............................. $ 40,000
Publications and Printing................ $ 34,880
Equipment Purchases...................... $ 83,352
Computer Charges...........................$ 68,371
Real Estate Rentals........................$ 605,403
Telecommunications.........................$ 258,752
Per Diem, Fees and Contracts...............$ 22,091
County Jail Subsidy........................$ 135,000
Total Funds Budgeted.......................$ 11,377,154
State Funds Budgeted.......................$ 11,377,154
Total Positions Budgeted 424
Authorized Motor Vehicles 27
The expenditure object amounts displayed
above represent the budget unit object totals.
D. Budget Unit: Georgia Correctional
Industries.........................$ -0-
Georgia Correctional Industries Budget:
Personal Services..........................$ 2,075,121
Regular Operating Expenses.................$ 635,225
Travel.....................................$ 50,000
Motor Vehicle Equipment Purchases..........$ 45,000
Publications and Printing..................$ 9,100
Equipment Purchases........................$ 107,000
Computer Charges...........................$ 5,863
Real Estate Rentals........................$ 32,450
Telecommunications.........................$ 62,750
Per Diem, Fees and Contracts...............$ 320,900
Cost of Sales..............................$ 6,060,000
Repayment of Prior Years
Appropriations......................... $ 84,000
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 9,487,409
1596
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Funds Budgeted..................... $ -0-
Total Positions Budgeted 80
Authorized Motor Vehicles 16
The expenditure object amounts displayed
above represent the budget unit object totals.
E. Budget Unit: Probation Field
Operations.........................$ 26,134,562
1. Probation Operations Budget:
Personal Services..........................$ 21,657,063
Regular Operating Expenses.................$ 444,354
Travel.....................................$ 447,675
Motor Vehicle Equipment
Purchases...............................$ -0-
Publications and Printing..................$ 45,200
Equipment Purchases........................$ 87,066
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 396,084
Telecommunications.........................$ 303,530
Utilities..................................$ 6,272
Per Diem, Fees and Contracts...............$ 7,000
Total Funds Budgeted.......................$ 23,394,244
State Funds Budgeted.......................$ 21,436,118
Total Positions Budgeted 933
2. Diversion Centers Budget:
Personal Services..........................$ 4,066,118
Regular Operating Expenses.................$ 301,720
Travel.....................................$ 21,910
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ -0-
Equipment Purchases........................$ 35,400
Computer Charges...........................$ -0-
Real Estate Rentals........................$ 291,156
Telecommunications.........................$ 54,220
Utilities..................................$ 257,500
Per Diem, Fees and Contracts...............$ -0-
Capital Outlay.............................$ 360,000
Total Funds Budgeted.......................$ 5,388,024
State Funds Budgeted..................... $ 4,698,444
Total Positions Budgeted 196
GEORGIA LAWS 1984 SESSION
1597
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.......................$
Utilities............................ $
Per Diem, Fees and Contracts.............$
Capital Outlay...........................$
Total Positions Budgeted
Authorized Motor Vehicles
Section 31. Department of Public Safety.
Budget Unit: Department of Public
Safety..........................$
1. Office of Highway Safety Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel.............................. $
Motor Vehicle Equipment Purchases.......$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
Real Estate Rentals.....................$
Telecommunications......................$
Per Diem, Fees and Contracts............$
Postage............................... $
Total Funds Budgeted....................$
State Funds Budgeted....................$
Total Positions Budgeted
2. Administration Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel..................................$
Motor Vehicle Equipment Purchases.......$
Publications and Printing...............$
Equipment Purchases.....................$
25,723,181
746,074
469,585
-0-
45,200
122,466
-0-
687,240
357,750
263,772
7,000
360,000
1,129
93
58,698,034
312,699
21,311
9,200
-0-
2.500
-0-
11,900
-0-
11,800
-0-
3.500
372,910
186,455
8
4,650,880
1,032,208
66,000
-0-
36.000
35.000
1598 GENERAL ACTS AND RESOLUTIONS, VOL. I
Computer Charges....................... $
Real Estate Rentals......................$
Telecommunications..........'............$
Per Diem, Fees and Contracts.............$
Postage................................ $
Total Funds Budgeted.....................$
Indirect DOAS Services Funding...........$
State Funds Budgeted................... $
Total Positions Budgeted
3. Driver Services Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Postage..................................$
Conviction Reports.......................$
Capital Outlay...........................$
Driver License Processing................$
Total Funds Budgeted.....................$
Indirect DOAS Services Funding...........$
State Funds Budgeted................... $
Total Positions Budgeted
4. Field Operations Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications..................... $
Per Diem, Fees and Contracts....!........$
Postage..................................$
-0-
-0-
118,425
30,303
22,000
5,990,816
-0-
5,957,649
170
6,213,356
789,025
855
-0-
182,475
100,000
2,241,515
4,800
70,900
2,275
583.000
185.000
-0-
816.000
11,189,201
1,500,000
9,689,201
310
28,441,011
4,707,084
47,945
4,100,000
232,525
207,500
-0-
2,207
386,400
60,647
36,000
GEORGIA LAWS 1984 SESSION
1599
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 38,221,319
Indirect DOAS Services Funding.............$ 150,000
State Funds Budgeted.......................$ 38,071,319
Total Positions Budgeted 992
5. Georgia Peace Officer Standards
and Training Budget:
Personal Services..........................$ 753,100
Regular Operating Expenses.................$ 77,800
Travel.....................................$ 30,000
Motor Vehicle Equipment Purchases..........$ 9,000
Publications and Printing..................$ 17,900
Equipment Purchases........................$ 702
Computer Charges...........................$ 70,000
Real Estate Rentals........................$ 48,500
Telecommunications.........................$ 18,800
Per Diem, Fees and Contracts...............$ 13,500
Postage.................................. $ 5,550
Peace Officers Training Grants.............$ 1,743,363
Total Funds Budgeted.......................$ 2,788,215
State Funds Budgeted.......................$ 2,788,215
Total Positions Budgeted 25
6. Police Academy:
Personal Services..........................$ 574,427
Regular Operating Expenses.................$ 163,000
Travel.....................................$ 12,850
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 9,500
Equipment Purchases........................$ 7,400
Computer Charges...........................$ 16,000
Real Estate Rentals........................$ -0-
Telecommunications.........................$ 17,930
Per Diem, Fees and Contracts...............$ 146,200
Postage....................................$ 3,400
Total Funds Budgeted.......................$ 950,707
State Funds Budgeted.......................$ 905,707
Total Positions Budgeted 17
7. Fire Academy:
Personal Services..........................$ 353,957
Regular Operating Expenses.................$ 47,100
Travel.....................................$ 14,000
1600
GENERAL ACTS AND RESOLUTIONS, VOL. I
Motor Vehicle Equipment Purchases.........$ 30,000
Publications and Printing.................$ 3,000
Equipment Purchases.......................$ 14,000
Computer Charges....................... $ 30,558
Real Estate Rentals..................... $ 15,182
Telecommunications........................$ 10,925
Per Diem, Fees and Contracts..............$ 110,000
Postage................................. $ 5,700
Total Funds Budgeted......................$ 634,422
State Funds Budgeted......................$ 569,422
Total Positions Budgeted 13
8. Georgia Firefighter Standards and
Training Council Budget:
Personal Services....................a...$ 133,251
Regular Operating Expenses................$ 12,540
Travel.................................. $ 9,200
Motor Vehicle Equipment Purchases.........$ 8,800
Publications and Printing.................$ 2,100
Equipment Purchases.......................$ 2,000
Computer Charges..........................$ 5,100
Real Estate Rentals.......................$ 3,500
Telecommunications........................$ 4,450
Per Diem, Fees and Contracts..............$ 15,000
Postage................................. $ 2,600
Total Funds Budgeted......................$ 198,541
State Funds Budgeted.....................$ 198,541
Total Positions Budgeted 4
9. Organized Crime Prevention
Council Budget:
Personal Services.........................$ 134,325
Regular Operating Expenses................$ 16,337
Travel................................. $ 9,500
Motor Vehicle Equipment Purchases.........$ -0-
Publications and Printing.................$ 2,000
Equipment Purchases......................$ -0-
Computer Charges.................. ....$ -0-
Real Estate Rentals..................... $ -0-
Telecommunications........................$ 2,950
Per Diem, Fees and Contracts..............$ 29,082
Postage...................................$ 700
Total Funds Budgeted......................$ 194,894
GEORGIA LAWS 1984 SESSION 1601
State Funds Budgeted.......................$ 194,894
Total Positions Budgeted 3
10. Georgia Public Safety
Training Facility Budget:
Personal Services..........................$ 106,770
Regular Operating Expenses.................$ 4,961
Travel.....................................$ 4,500
Motor Vehicle Equipment Purchases..........$ 9,000
Publications and Printing..................$ 250
Equipment Purchases........................$ 1,000
Computer Charges...........................$ 800
Real Estate Rentals........................$ 3,500
Telecommunications.........................$ 2,950
Per Diem, Fees and Contracts...............$ 2,500
Postage....................................$ 400
Capital Outlay.............................$ -0-
Total Funds Budgeted.......................$ 136,631
State Funds Budgeted.......................$ 136,631
Total Positions Budgeted 3
Budget Unit Object Classes:
Personal Services..........................$ 41,673,776
Regular Operating Expenses.................$ 6,871,366
Travel............%.......................$ 204,050
Motor Vehicle Equipment
Purchases.............................. $ 4,156,800
Publications and Printing..................$ 488,250
Equipment Purchases...................... $ 367,602
Computer Charges...........................$ 2,375,873
Real Estate Rentals........................$ 77,689
Telecommunications.........................$ 645,530
Per Diem, Fees and Contracts...............$ 409,507
Postage....................................$ 662,850
Conviction Reports.........................$ 185,000
Peace Officers Training Grant..............$ 1,743,363
Driver License Processing................ $ 816,000
Capital Outlay......................... $ -0-
Total Positions Budgeted 1,545
Authorized Motor Vehicles 1,099
Provided, however, that of the above appropri-
ation for Conviction Reports, payment for convic-
1602
GENERAL ACTS AND RESOLUTIONS, VOL. I
tion reports is not to exceed $.25 per conviction
report.
Provided that to the extent that Federal Funds
are realized in excess of the amounts of such funds
contemplated in the Georgia Peace Officers Stan-
dards and Training Activity of this Act, the Office
of Planning and Budget is authorized and directed
to supplant State Funds appropriated herein. Pro-
vided further that such supplantation shall not be
implemented if so doing would cause any portion
of the anticipated Federal Funds not to be realized.
This provision shall not apply to project grants.
It is the intent of this General Assembly that
for the purpose of purchasing Police Pursuit Motor
Vehicles, the Department of Public Safety is here-
inafter authorized to develop and establish speci-
fications for said purchases of Police Pursuit Vehi-
cles when such purchases are made by the State of
Georgia, or otherwise placed a part of a State of
Georgia Contract. Provided, further, that the
development of said specifications shall be submit-
ted to the Purchasing Division of the Department
of Administrative Services by November 1 of each
year. Provided, further, the Department of
Administrative Services is hereby instructed to
complete said specifications and place to bid for
the letting of contracts by December 1 of such
fiscal year.
Section 32. Public School Employees
Retirement System.
Budget Unit: Public School Employees
Retirement System...................$ 12,562,455
Departmental Operations Budget:
Payments to Employees
Retirement System..........................$ 176,455
Employer Contributions.......................$ 12,386,000
Total Funds Budgeted....................... $ 12,562,455
State Funds Budgeted.................12,562,455
GEORGIA LAWS 1984 SESSION
1603
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 33. Public Service Commission.
Budget Unit: Public Service
Commission.......................$ 4,487,569
Departmental Operations Budget:
Personal Services....................... $ 3,586,944
Regular Operating Expenses................$ 194,018
Travel.................................. $ 101,873
Motor Vehicle Equipment Purchases.........$ 68,000
Publications and Printing.................$ 10,000
Equipment Purchases.....'............... $ 6,500
Computer Charges..........................$ 125,019
Real Estate Rentals.......................$ 213,700
Telecommunications................|.......$ 94,085
Per Diem, Fees and Contracts..............$ 165,000
Total Funds Budgeted......................$ 4,565,139
State Funds Budgeted.................... $ 4,487,569
Total Positions Budgeted 119
Authorized Motor Vehicles 26
The expenditure object amounts displayed
above represent the budget unit object totals.
Public Service Commission Functional Budgets
Administration
Transportation
Utilities
Total
Total Funds State Funds Pos.
$ 1,017,446 $ 1,016,446 22
$ 1,624,214 $ 1,624,214 47
$ 1,923,479 $ 1,846,909 50
$ 4,565,139 $ 4,487,569 119
1604
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 34. Regents, University
System of Georgia.
A. Budget Unit: Resident Instruction
and University
System Institutions..................$ 600,810,801
1. Resident Instruction Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 520,374,189
Sponsored Operations......................$ 62,000,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 139,596,084
Sponsored Operations......................$ 68,000,000
Office of Minority
Business Enterprise.................316,341
Special Desegregation Programs..............$ 301,331
Authority Lease Rentals.....................$ 15,538,000
Total Funds Budgeted........................$ 806,125,945
Less Agency Funds:
Departmental Income....................... $ 17,500,000
Sponsored Income............................$ 130,000,000
Other Funds...............i................$ 152,574,906
Auxiliary Income............................$ -0-
Indirect Communication Charges..............$ 3,027,300
State Funds Budgeted........................$ 503,023,739
Total Positions Budgeted 17,086
Provided, that from appropriated funds in this
budget unit, the amount of $15,538,000 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-
GEORGIA LAWS 1984 SESSION
1605
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.
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 $2,000,000 shall not be available for opera-
tions unless prior approval is granted by the Fiscal
Affairs Subcommittees of the House and Senate,
except that student fee revenue derived from
increased rates authorized by the State Board of
Regents shall not be subject to this limitation.
Provided, further, that revenue from sales and
services shall be classified as restricted funds and
shall be available for use by the unit of the Univer-
sity System generating such income.
Provided, further, it is the intent of this Gen-
eral Assembly that the 1 1/2% Personal Services
continuation factor incorporated into the Resident
1606
GENERAL ACTS AND RESOLUTIONS, VOL. I
Instruction appropriation in this Appropriations
Act be utilized to provide 2 1/2% merit-type
increases.
Provided, the Board of Regents is authorized to
transfer other object class surpluses to Capital
Outlay and Equipment Purchases without
approval of the Office of Planning and Budget or
the Fiscal Affairs Sub-Committees.
2. Marine Resources Extension
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 750,107
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 272,900
Sponsored Operations.....................$ -0-
Total Funds Budgeted.......................$ 1,023,007
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income......................... $ -0-
Other Funds................................$ 134,111
Indirect DOAS Services Funding.............$ 9,800
State Funds Budgeted..................... $ 879,096
Total Positions Budgeted 27
3. Skidaway Institute of
Oceanography Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.............$ 964,397
Sponsored Operations.....................$ 800,000
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 590,695
Sponsored Operations.....................$ 943,750
Total Funds Budgeted.......................$ 3,298,842
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 1,743,750
Other Funds................................$ 407,788
State Funds Budgeted.......................$ 1,147,304
Total Positions Budgeted 35
GEORGIA LAWS 1984 SESSION
1607
4. Marine Institute Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 437,213
Sponsored Operations.....................$ 162,487
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 227,628
Sponsored Operations.....................$ 137,513
Total Funds Budgeted.......................$ 964,841
Less Agency Funds:
Departmental Income...................... $ -0-
Sponsored Income...........................$ 300,000
Other Funds................................$ -0-
State Funds Budgeted.......................$ 664,841
Total Positions Budgeted 20
5. Engineering Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 11,612,032
Sponsored Operations.....................$ 27,655,087
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 7,370,696
Sponsored Operations.....................$ 20,998,365
Agricultural Research......................$ 569,269
Total Funds Budgeted.......................$ 68,205,449
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ 48,653,452
Other Funds................................$ 12,316,627
Indirect DO AS Services Funding............$ 117,600
State Funds Budgeted.......................$ 7,117,770
Total Positions Budgeted 361
6. Engineering Extension
Division Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 1,301,077
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 722,706
Sponsored Operations.....................$ -0-
1608
GENERAL ACTS AND RESOLUTIONS, VOL. I
Advanced Technology
Development Center........................$ 811,864
Total Funds Budgeted........................$ 2,835,647
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income.....................*.....$ -Or
Other Funds.................I..............$ 1,345,825
Indirect DOAS Services Funding..............$ 12,200
State Funds Budgeted....................... $ 1,477,622
Total Positions Budgeted 52
7. Agricultural Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 23,132,114
Sponsored Operations......................$ 4,300,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 8,127,643
Sponsored Operations.................... $ 3,200,000
Fire Ant Research.........................$ 50,000
Total Funds Budgeted...................... $ 38,809,757
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 7,500,000
Other Funds.................................$ 6,854,745
Indirect DOAS Services Funding..............$ 95,900
State Funds Budgeted........................$ 24,359,112
Total Positions Budgeted 869
8. Cooperative Extension
Service Budget:
Personal Services:
Educ., Gen., and Dept. Svcs...............$ 26,343,804
Sponsored Operations......................$ 4,250,000
Operating Expenses:
Educ., Gen., and Dept. Svcs...............$ 3,565,830
Sponsored Operations......................$ 1,750,000
Total Funds Budgeted........................$ 35,909,634
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 6,000,000
Other Funds.................................$ 5,640,000
Indirect DOAS Services Funding..............$ 126,700
GEORGIA LAWS 1984 SESSION
1609
State Funds Budgeted.......................$ 24,142,934
Total Positions Budgeted 970
9. Eugene Talmadge Memorial
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 58,912,096
Sponsored Operations.....................$ 2,819,815
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 24,784,283
Sponsored Operations................... $ 670,000
Capital Outlay - ETMH
Renovations............................$ 1,500,000
Total Funds Budgeted.......................$ 88,686,194
Less Agency Funds:
Departmental Income........................$ 1,364,700
Sponsored Income...........................$ 3,489,815
Other Funds.................. .............$ 51,620,625
Board of Corrections.......................$ 1,800,000
Indirect DOAS Services Funding.............$ 193,500
State Funds Budgeted......................$ 30,217,554
Total Positions Budgeted 3,091
10. Veterinary Medicine Experiment
Station Budget:
Personal Services:
Educ., Gen., and Dept. Svcs............$ 1,101,513
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs............$ 454,157
Sponsored Operations.....................$ -0-
Agricultural Research......................$ 470,027
Fire Ant Research..........................$ 192,398
Total Funds Budgeted.......................$ 2,218,095
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ -0-
State Funds Budgeted.......................$ 2,218,095
Total Positions Budgeted 63
1610
GENERAL ACTS AND RESOLUTIONS, VOL. I
11. Veterinary Medicine Teaching
Hospital Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 824,889
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 1,044,740
Sponsored Operations................... $ -0-
Total Funds Budgeted.......................$ 1,869,629
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds................................$ 1,408,225
Indirect DO AS Services Funding............$ -0-
State Funds Budgeted.......................$ 461,404
Total Positions Budgeted 55
12. Family Practice Residency
Program Budget:
Personal Services:
Educ., Gen., and Dept. Svcs.,..;;...... $ 139,915
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 98,893
Capitation Contracts for
Family Practice Residency................$ 2,060,000
Residency Capitation Grants................$ 1,785,000
New Program Development Contracts
for Family Practice Residency............$ 150,000
Student Preceptorships................... $ 185,000
Total Funds Budgeted.......................$ 4,418,808
State Funds Budgeted...........................4,418,808
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 $500.
Provided, that of the funds appropriated for
Capitation Grants for Family Practice, it is per-
missible that any funds not committed to existing
GEORGIA LAWS 1984 SESSION
1611
programs or otherwise designated may be used to
begin a Family Practice Program at Emory Uni-
versity School of Medicine.
13. Georgia Radiation Therapy
Center Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 714,167
Sponsored Operations.....................$ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ 320,858
Sponsored Operations.............. .....$ -0-
Capital Outlay - GRTC
Planning Funds...................;.4...$ 150,000
Total Funds Budgeted........................$ 1,185,025
Less Agency Funds:
Departmental Income..................... $ -0-
Sponsored Income,......................... $ -0-
Other Funds............................. $ 780,206
State Funds Budgeted........................$ 404,819
Total Positions Budgeted 32
14. Athens and Tifton Veterinary
Laboratories Budget:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 277,703
Sponsored Operations.....................$ 940,213
Operating Expenses:
Educ., Gen., and Dept. Svcs..............$ -0-
Sponsored Operations.....................$ 532,975
Total Funds Budgeted........................$ 1,750,891
Less Agency Funds:
Departmental Income.........................$ -0-
Sponsored Income............................$ 1,473,188
Other Funds.................................$ -0-
State Funds Budgeted........................$ 277,703
Total Positions Budgeted 48
Budget Unit Object Classes:
Personal Services:
Educ., Gen., and Dept. Svcs..............$ 646,885,216
Sponsored Operations.....................$ 102,927,602
1612
GENERAL ACTS AND RESOLUTIONS, VOL. I
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 187,177,113
Sponsored Operations.....................$ 96,232,603
Office of Minority
Business Enterprise......................$ 316,341
Special Desegregation Programs.............$ 301,331
Fire Ant Research..........................$ 242,398
Agricultural Research......................$ 1,039,296
Advanced Technology
Development Center.......................$ 811,864
Capitation Contracts for
Family Practice Residency................$ 2,060,000
New Program Development
Contracts for Family
Practice Residency.......................$ 150,000
Residency Capitation Grants................$ 1,785,000
Student Preceptorships.....................$ 185,000
Authority Lease Rentals....................$ 15,538,000
Capital Outlay - ETMH
Renovations.......................1,500,000
Capital Outlay - GRTC
Planning Funds...........................$ 150,000
Total Positions Budgeted 22,713
The object class Teachers Retirement has been
included in the object class Personal Services in
this budget unit.
B. Budget Unit: Regents Central Office.........$ 22,928,775
Regents Central Office Budget:
Personal Services.......................... $ 3,364,625
Operating Expenses..........................$ 636,550
SREB Payments...............................$ 7,137,350
Medical Scholarships.....................$ 526,250
Regents Opportunity Grants..................$ 600,000
Regents Scholarships.....................$ 200,000
Grants to Junior Colleges...................$ 6,766,000
Rental Payments to Georgia
Military College.........................$ 198,000
Research Consortium.........................$ 3,500,000
Total Funds Budgeted........................$ 22,928,775
GEORGIA LAWS 1984 SESSION
1613
State Funds Budgeted.......................$ 22,928,775
Total Positions Budgeted 100
Authorized Motor Vehicles 0
The expenditure object amounts displayed
above represent the budget unit object totals.
Provided, that of the above appropriation rela-
tive to Grants to Junior Colleges, payments are to
be based on a rate of $796 per EFT student.
Furthermore, 50 quarter credit hours shall be used
in the calculation of an equivalent full-time stu-
dent.
The object class Teachers Retirement has been
included in the object class Personal Services in
this budget unit.
C. Budget Unit: Georgia Public
Telecommunications
Commission.........................$ 4,617,721
Public Telecommunications
Commission Budget:
Personal Services:
Educ., Gen., and Dept. Svcs........... $ 3,353,763
Sponsored Operations.................. $ -0-
Operating Expenses:
Educ., Gen., and Dept. Svcs.............$ 3,705,555
Sponsored Operations....................$ -0-
Total Funds Budgeted.......................$ 7,059,318
Less Agency Funds:
Departmental Income........................$ -0-
Sponsored Income...........................$ -0-
Other Funds.............................. $ 2,441,597
State Funds Budgeted.......................$ 4,617,721
Total Positions Budgeted 139
Authorized Motor Vehicles 14
The expenditure object amounts displayed
above represent the budget unit object totals.
1614
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 35. Department of Revenue.
Budget Unit: Department of Revenue............$ 44,186,038
Operations Budget:
Personal Services.........................$ 27,365,611
Regular Operating Expenses................$ 846,751
Travel....................................$ 1,173,794
Motor Vehicle Equipment
Purchases...............................$ 149,715
Publications and Printing.................$ 1,575,068
Equipment Purchases.......................$ 464,247
Computer Charges..........................$ 8,254,424
Real Estate Rentals.......................$ 1,391,149
Telecommunications........................$ 534,305
Per Diem, Fees and Contracts..............$ 150,000
County Tax Officials/Retirement
and FICA................................$ 1,162,500
Grants to Counties/Appraisal
Staff.................................. $ 1,430,000
Motor Vehicle Tag Purchases...............$ 1,100,000
Motor Vehicle Decal Purchases.............$ 338,600
Postage...................................$ 2,094,874
Total Funds Budgeted......................$ 48,031,038
Indirect DOAS Services Funding............$ 3,845,000
State Funds Budgeted......................$ 44,186,038
Total Positions Budgeted 1,136
Authorized Motor Vehicles 65
The expenditure object amounts displayed
above represent the budget unit object totals.
Department of Revenue Functional Budgets
Total Funds State Funds Pos.
Departmental
Administration $ 2,711,198 $ 2,711,198 32
Internal Administration $ 5,330,193 $ 5,330,193 77
Field Services $ 10,604,988 $ 10,514,988 366
Income Tax $ 6,978,451 $ 5,263,219 142
GEORGIA LAWS 1984 SESSION
1615
Motor Vehicle
Motor Fuel Tax
Central Audit
Property Tax
Sales and Use Tax
Undistributed
Total
$ 11,252,988 $ 9,563,820 248
$ 1,096,211 $ 1,096,211 36
$ 3,924,769 $ 3,924,769 95
$ 3,657,393 $ 3,657,393 57
$ 2,421,771 $ 2,071,171 83
$ 53,076 $ 53,076 0
$ 48,031,038 $ 44,186,038 1,136
Provided, that of the above appropriated
amount relating to motor vehicle tag purchases,
$1,100,000 is designated and committed for use in
contracting with the Department of Offender
Rehabilitation for the production of at least
1,100,000 motor vehicle tags, and for this purpose
only.
Any such contract may provide for partial,
advance payment from the Department of Reve-
nue to Georgia Correctional Industries during tag
production.
Section 36. Secretary of State.
A. Budget Unit: Secretary of State..............$ 14,363,861
Personal Services..........................$ 8,992,511
Regular Operating Expenses.................$ 1,274,142
Travel.....................................$ 169,611
Motor Vehicle Equipment
Purchases................................$ 172,952
Publications and Printing..................$ 312,200
Equipment Purchases........................$ 86,068
Computer Charges.,,,.......................$ 407,360
Real Estate Rentals........................$ 1,736,969
Telecommunications.........................$ 278,864
Per Diem, Fees and Contracts...............$ 403,245
Election Expenses..........................$ 400,000
1616
GENERAL ACTS AND RESOLUTIONS, VOL. I
Postage.....................................$ 267,439
Total Funds Budgeted........................$ 14,501,361
State Funds Budgeted...........r............$ 14,363,861
Total Positions Budgeted 362
Authorized Motor Vehicles 72
The expenditure object amounts displayed
above represent the budget unit object totals.
Secretary of State Functional Budgets
Internal Administration
Archives and Records $
Corporations Regulation $
Total Funds State Funds
$ 1,523,865 $ 1,521,765
Elections and Campaign
Disclosure
Securities Regulation
Drugs and Narcotics
State Campaign and
Financial Disclosure
Occupational
Certification
Undistributed
Total
$
$
$
$
$
3,737,344 $
1,294,973 $
968,083 $
906,386 $
628,652 $
5,292,528 $
18,161 $
3,637,344
1,292,973
967,683
900,386
628,652
131,369 $ 131,369
5,265,528
18,161
$ 14,501,361 $ 14,363,861
Pos.
41
91
47
15
21
15
129
0
362
Occupational Certification Functional Budgets
Board Cost of
Costs Operations
$ 103,573 $ 325,753
Accounting
GEORGIA LAWS 1984 SESSION
1617
Architect $ 33,548 5
Athletic Trainers $ 738 3
Auctioneers $ 1,630 3
Barbers $ 7,924 3
Chiropractic $ 8,967 3
Construction Industry $ 41,780 3
Cosmetology $ 21,082 3
Dentistry $ 30,131 3
Engineers $ 28,719 3
Forestry $ 3,380 3
Funeral Service $ 12,828 3
Geology $ 3,084 3
Hearing Aid $ 3,707 3
Landscape Architect $ 7,802 3
Librarians $ 3,083 3
Medical Examiners $ 134,782 3
Nursing Home Administrators $ 9,840 3
Board of Nursing $ 65,820 3
Dispensing Opticians $ 6,460 3
Optometry $ 11,680 3
Occupational Therapy $ 1,032 3
106,750
7,033
51,735
227,321
69,165
272,150
398,827
175,018
235,367
25,262
120,531
18.925
32,295
22,753
16.926
837,714
26,482
589,010
21,794
35,354
7,159
1618 GENERAL ACTS AND RESOLUTIONS, VOL. I
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
$ 60,090 $
$ 9,321 $
$ 3,430 $
$ 1,830 $
$ 64,496 $
$ 26,200 $
$ 14,686 $
$ 2,080 $
$ 4,375 $
$ 2,243 $
$ 11,240 $
$ 3,770 $
$ 21,255 $
$ 5,525 $
$ 4,360 $
$ 776,491 $ 5,
347,318
29,034
14,887
22,088
418,501
215,737
61,606
13,860
19,803
16,465
173,417
49,718
78,549
62,219
20,684
167,210
B. Budget Unit: Real Estate Commission....$ 996,839
Real Estate Commission Budget:
Personal Services........................$ 616,273
Regular Operating Expenses...............$ 108,380
Travel...j|..............................$ 12,500
Motor Vehicle Equipment Purchases........$ 27,000
Publications and Printing................$ 26,000
Equipment Purchases......................$ 5,150
Computer Charges.........................$ 71,288
Real Estate Rentals......................$ 33,248
GEORGIA LAWS 1984 SESSION
1619
Telecommunications.......................$ 18,000
Per Diem, Fees and Contracts.............$ 80,000
Total Funds Budgeted.....................$ 997,839
State Funds Budgeted.....................$ 996,839
Total Positions Budgeted 28
Authorized Motor Vehicles 12
The expenditure object amounts displayed
above represent the budget unit object totals.
Real Estate Commission Functional Budget
Cost of
State Funds Operations Pos.
Real Estate Commission $ 996,839 $ 1,037,789 28
Section 37. Georgia Student Finance Commission.
Budget Unit: Georgia Student
Finance Commission................$ 16,375,250
Administration Budget:
Personal Services.........................$ 2,416,303
Regular Operating Expenses................$ 186,031
Travel....................................$ 52,000
Motor Vehicle
Equipment Purchases.....................$ 9,000
Publications and Printing.................$ 60,000
Equipment Purchases..................... $ 29,500
Computer Charges..........................$ 335,069
Telecommunications...................... $ 79,265
Per Diem, Fees and Contracts..............$ 37,500
Payment of Interest and Fees..............$ 525,000
Guaranteed Educational Loans..............$ 3,113,550
Tuition Equalization Grants...............$ 10,567,380
Student Incentive Grants..................$ 4,215,900
Law Enforcement Personnel
Dependents Grants......................$ 38,000
North Georgia College
ROTC Grants.............................$ 142,500
Osteopathic Medical Loans.................$ 120,000
1620
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Military Scholarship
Grants.....................................$ 118,600
Academic Scholarships.........................$ 50,000
Total Funds Budgeted..........................$ 22,095,598
State Funds Budgeted..........................$ 16,375,250
Total Positions Budgeted 97
Authorized Motor Vehicles 1
The expenditure object amounts displayed
above represent the budget unit object totals.
Georgia Student Finance Commission Functional
Budgets
Total Funds State Funds
Internal Administration $ 3,204,668 $ -0-
Higher Education
Assistance Corporation $ 525,000 $ 350,000
Georgia Student Finance
Authority
Total
$ 18,365,930 $ 16,025,250
$ 22,095,598 $ 16,375,250
Pos.
97
0
97
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.
Designated Totals for Guaranteed Educational Loans:
(Cancellable loans)
A) Students in paramedical and other profes-
sional and educational -fields of study: Not less
than $1,435,000
GEORGIA LAWS 1984 SESSION
1621
B) Eligible members of the Georgia National
Guard: Not to exceed $100,000
C) Teachers seeking special education train-
ing: Not to exceed $225,000
D) Students who are to become agricultural
teachers: Not to exceed $30,000
E) Students who are to become mathematics
or science teachers: Not to exceed $300,000
Provided, that the above appropriated amount
relative to Tuition Equalization Grants provides
for payment of grants of $725 per academic year,
and for payment of grants for the summer school
quarter or semester, to undergraduate students
attending colleges as provided for in Code Sections
20-3-410 through 20-3-416.
Provided, that with the above appropriated
amount relative to academic scholarships, the
Georgia Student Finance Authority is authorized
to establish a new scholarship program during F.Y.
1985 which provides for recognition of academi-
cally outstanding junior and senior level students
in high schools located in Georgia, and further, to
the extent that funds are appropriated herein for
academic scholarships, to award scholarships of
$500 each per academic year of study to graduating
seniors selected in accordance with procedures and
criteria established by the Authority for atten-
dance at institutions of higher education located in
Georgia.
Section 38. Soil and Water Conservation
Committee.
Budget Unit: Soil and Water
Conservation Committee...........$ 813,078
Soil and Water Conservation
Central Office Budget:
Personal Services........................$ 516,415
Regular Operating Expenses...............$ 50,780
1622
GENERAL ACTS AND RESOLUTIONS, VOL. I
Travel...................................$
Motor Vehicle Equipment Purchases........$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 39. Teachers Retirement System.
Budget Unit: Teachers Retirement
System..........................$
Departmental Operations Budget:
Personal Services.......................$
Regular Operating Expenses..............$
Travel................................ $
Motor Vehicle Equipment
Purchases.............................$
Publications and Printing...............$
Equipment Purchases.....................$
Computer Charges........................$
Real Estate Rentals................... $
Telecommunications......................$
Per Diem, Fees and Contracts............$
Postage.................................$
Post-Retirement Benefit
Adjustment............................$
Cost-of-Living Increases for
Local Retirement System
Members...............................$
Floor Fund for Local
Retirement Systems....................$
Total Funds Budgeted....................$
47,800
-0-
14,425
4,226
700
31,423
13,973
133,336
813,078
813,078
13
1
9.638.000
1,757,080
68,794
22,250
-0-
50.000
10,420
502,184
185,115
57,160
208,500
80.000
7.100.000
1.320.000
1.218.000
12,579,503
GEORGIA LAWS 1984 SESSION
1623
State Funds Budgeted.....................$
Total Positions Budgeted
Authorized Motor Vehicles
The expenditure object amounts displayed
above represent the budget unit object totals.
Section 40. 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.........................$
Total Funds Budgeted.....................$
State Funds Budgeted.....................$
Total Positions Budgeted
2. Maintenance and Betterments
Budget:
Personal Services........................$
Regular Operating Expenses...............$
Travel...................................$
Motor Vehicle Equipment
Purchases..............................$
Publications and Printing................$
Equipment Purchases......................$
Computer Charges.........................$
Real Estate Rentals......................$
Telecommunications.......................$
Per Diem, Fees and Contracts.............$
Capital Outlay...........................$
9,638,000
67
1
412,217,504
71,742,911
4,784,460
1,083,800
-0-
204,254
55,300
-0-
28,295
1,050,044
5,432,215
432,200,965
329,196
516,911,440
197,447,222
3,006
63,215,609
38,806,433
369,580
-0-
20,000
-0-
-0-
810
180,000
1,039,175
50,150,000
1624
GENERAL ACTS AND RESOLUTIONS, VOL. I
Total Funds Budgeted........................$ 153,781,607
State Funds Budgeted........................$ 149,884,825
Total Positions Budgeted 3,564
3. Facilities and Equipment Budget:
Motor Vehicle Equipment Purchases...........$ 1,000,000
Equipment Purchases.........................$ 2,239,987
Capital Outlay..............................$ 53,515
Total Funds Budgeted.................... $ 3,293,502
State Funds Budgeted.....i..................$ 3,093,502
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...........................$ 9,908,351
Regular Operating Expenses..................$ 960,000
Travel.................................... $ 110,000
Motor Vehicle Equipment
Purchases................................$ -0-
Publications and Printing...................$ 560,000
Equipment Purchases.........................$ -0-
Computer Charges............................$ 460,800
Real Estate Rentals.........................$ 1,056,209
Telecommunications..........................$ 300,232
Per Diem, Fees and Contracts................$ 234,897
Authority Lease Rentals.....................$ 24,452,289
State of Georgia General
Obligation Debt Sinking Fund.............$ 38,645,856
Total Funds Budgeted........................$ 76,688,634
State Funds Budgeted........................$ 41,236,634
Total Positions Budgeted 338
As authorized in the amended General Appro-
priations Act for State Fiscal Year 1981,
$208,500,000 in principal amount of General Obli-
gation bonds were sold for advance construction of
the Interstate System. Debt service on these bonds
is being provided from General Fund Appropria-
tions or Federal Interstate payback funds and
$187,650,000 (90%) is to be repaid to the State
GEORGIA LAWS 1984 SESSION
1625
from Federal Interstate Funds. $24,748,573 has
been repaid leaving a balance due of $162,901,427.
A $38,000,000 payment shall be applied during the
State Fiscal Year 1985 to the $162,901,427 balance
due leaving a principal balance due of $124,901,427
to be repaid to the State on bonds that have been
issued for advance construction of the Interstate
System.
Debt service on the new $38 million bond issue
for advance construction of the Interstate System
shall also be provided from the General Fund or
Federal Interstate payback funds. Federal Inter-
state Funds amounting to 90% of the total bond
issue shall be repaid to the State from future
Federal Interstate apportionments. This repay-
ment shall be in addition to the balance due on
bonds that have already been issued for advance
construction of the Interstate System.
It is understood by the General Assembly that
the amount to be repaid to the State by the
Department of Transportation in any form shall be
limited to the amount received from the Federal
Government arising from Federal participation on
the Interstate Advance Construction Projects.
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
1626
GENERAL ACTS AND RESOLUTIONS, VOL. I
State as being the appropriation payable in lieu of
the amount appropriated herein.
Provided, however, that objects for Activities
financed by Motor Fuel Tax including Planning
and Construction, Maintenance and Betterments,
Authority Lease Rentals, General Obligation Debt
Sinking Fund Payments, Administration, and
Grants to Counties, may be adjusted for any addi-
tional appropriations and/or balances appropri-
ated and brought forward from previous years as
requested by the Department of Transportation
and approved by the Office of Planning and
Budget.
For general administrative cost of operating the
Department of Transportation, including equip-
ment and compensation claims.
For State matching participation in costs of
construction, reconstruction, improvement in
highways, and highway planning, in cooperation
with the Federal Government, including all cost
items incident thereto. For the cost of road and
bridge construction and surveys, maintenance and
improving the State Highway System of roads and
bridges, and the costs incident thereto provided all
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
GEORGIA LAWS 1984 SESSION
1627
the Department of Administrative Services and
constitutionally appropriated to the Department
of Transportation.
For lease rental obligations of the Department
of Transportation to the Georgia Highway 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.
1628
GENERAL ACTS AND RESOLUTIONS, VOL. I
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.............................$ 329,196
Capital Outlay - Paving State
and Local Schools and State
Institutions............................. $ 750,000
Capital Outlay - Paving State
Parks and Historic Sites......................$ 500,000
This appropriation shall be accounted for sepa-
rately from all other appropriations to the Depart-
ment of Transportation, and shall be in addition to
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......................$ 9,317,000
Total Funds Budgeted..........................$ 9,317,000
State Funds Budgeted..........................$ 6,317,000
For grants to municipalities for Capital Outlay
in accordance with an Act approved March 31,
1965 (Ga. Laws 1965, p. 458), as amended (Code
Sections 36-40-41 through 36-40-45).
Provided, further, that a member of the govern-
ing authority of the municipality, designated by
such authority, shall execute an affidavit annually
that funds received under this Section have been
expended in accordance with the law and the Con-
stitution, and file the same with the Fiscal Division
GEORGIA LAWS 1984 SESSION
1629
of the Department of Administrative Services. At
the request of the Governor or the Office of Plan-
ning and Budget or the Director of the Department
of Transportation, the State Auditor shall cause an
audit to be made of any municipality to determine
the use of such funds. The expense of such audit
shall be deducted from funds granted to such
municipality in any future year.
Provided, further, that the above sums shall be
distributed and disbursed to the various munici-
palities on a quarterly basis, such payments to be
made on the last day of each quarter.
7. Air Transportation Budget:
Personal Services..,...................... $ 539,180
Regular Operating Expenses..................$ 510,924
Travel.................................... $ 11,400
Motor Vehicle Equipment Purchases.........,...$ -0-
Publications and Printing................. $ 700
Equipment Purchases.....................,...$ 388,000
Computer Charges............................$ -0-
Real Estate Rentals.........................$ 1
Telecommunications..........................$ 6,373
Per Diem, Fees and Contracts................$ 400
Capital Outlay.......................... ..$ -0-
Total Funds Budgeted........................$ 1,456,978
State Funds Budgeted........................$ 1,031,978
Total Positions Budgeted 16
8. Inter-Modal Transfer Facilities
Budget:
Personal Services......................... $ 728,360
Regular Operating Expenses....,.............$ 44,537
Travel.................................... $ 13,500
Motor Vehicle Equipment Purchases...........$ -0-
Publications and Printing...................$ 23,100
Equipment Purchases.........................$ 1,389
Computer Charges.......................... $ -0-
Real Estate Rentals.........................$ 1
Telecommunications..........................$ 21,276
Per Diem, Fees and Contracts................$ 611,800
1630
GENERAL ACTS AND RESOLUTIONS, VOL. I
Capital Outlay - Airport
Development.............................$ 700,000
Capital Outlay - Airport
Operational Improvements................$ 1,000,000
Capital Outlay - Airport
Approach Aid............................$ 150,000
Mass Transit Grants.......................$ 4,748,688
Total Funds Budgeted......................$ 8,042,651
State Funds Budgeted......................$ 3,489,330
Total Positions Budgeted 22
9. Harbor Maintenance Budget:
Harbor Maintenance Payments...............$ 400,000
Spoilage Area Acquisition
Clearing and Preparation................$ -0-
Total Funds Budgeted......................$ 400,000
State Funds Budgeted.................... $ 400,000
Budget Unit Object Classes:
Personal Services.........................$ 146,134,411
Regular Operating Expenses................$ 45,106,354
Travel.................................. $ 1,588,280
Motor Vehicle Equipment
Purchases...............................$ 1,000,000
Publications and Printing.................$ 808,054
Equipment Purchases.......................$ 2,684,676
Computer Charges..........................$ 460,800
Real Estate Rentals.......................$ 1,085,316
Telecommunications........................$ 1,557,925
Per Diem, Fees and Contracts..............$ 7,318,487
Capital Outlay............................$ 482,404,480
Mass Transit Grants.......................$ 4,748,688
Grants to Municipalities..................$ 9,317,000
Harbor Maintenance Payments...............$ 400,000
Grants to Counties........................$ 9,317,013
Authority Lease Rentals...................$ 24,452,289
Capital Outlay - Airport
Development........,....................$ 700,000
State of Georgia General
Obligation Debt Sinking Fund............$ 38,645,856
Capital Outlay - Airport
Operational Improvements................$ 1,000,000
GEORGIA LAWS 1984 SESSION
1631
Capital Outlay - Airport
Approach Aid............................$ 150,000
Geodetic Control...........................$ 329,196
Spoilage Area Acquisition
Clearing and Preparation................$ -0-
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 Transporta-
tion 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 Transporta-
tion is authorized to utilize State Airport Develop-
ment 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 matching
Local Funds only with no Federal Fund participa-
tion. 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 $400,000 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.
1632
GENERAL ACTS AND RESOLUTIONS, VOL. I
Provided that the Department of Transporta-
tion is authorized to retain its Bus Rental Income
to operate, maintain, and upgrade the department-
owned buses.
Section 41. Department of Veterans Service.
Budget Unit: Department of Veterans
Service......................... $ 13,141,349
Departmental Operations Budget:
Personal Services.........................$ 3,488,891
Regular Operating Expenses................$ 47,027
Travel.................................. $ 84,000
Motor Vehicle Equipment Purchases.........$ 14,000
Publications and Printing.................$ 20,000
Equipment Purchases.......................$ 63,149
Computer Charges..........................$ -0-
Real Estate Rentals.......................$ 191,204
Telecommunications........................$ 54,906
Per Diem, Fees and Contracts..............$ 7,140
Capital Outlay........................... $ -0-
Postage.........................I........$ 31,900
Operating Expense/Payments to
Central State Hospital..................$ 8,398,283
Operating Expense/Payments to
Medical College of Georgia..............$ 3,804,576
Regular Operating Expenses
for Projects and Insurance............. $ 29,092
Total Funds Budgeted......................$ 16,234,168
State Funds Budgeted......................$ 13,141,349
Total Positions Budgeted 142
Authorized Motor Vehicles 1
The expenditure object amounts displayed
above represent the budget unit object totals.
Veterans Service Functional Budgets
Veterans Assitance
Total Funds State Funds Pos.
$ 3,950,873 $ 3,700,369 142
GEORGIA LAWS 1984 SESSION
1633
Veterans Home and
Nursing Facility -
Milledgeville $ 8,443,130 $ 6,706,422 0
Veterans Nursing Home
- Augusta $ 3,838,110 $ 2,732,503 0
Undistributed $ 2,055 $ 2,055 0
Total $ 16,234,168 $ 13,141,349 142
Section 42. Workers Compensation Board.
Budget Unit: Workers Compensation
Board..............................$ 4,840,610
Operations Budget:
Personal Services..........................$ 3,873,162
Regular Operating Expenses.................$ 87,709
Travel.................................... $ 53,500
Motor Vehicle Equipment Purchases..........$ -0-
Publications and Printing..................$ 39,600
Equipment Purchases........................$ 7,250
Computer Charges...........................$ 171,688
Real Estate Rentals........................$ 433,539
Telecommunications.........................$ 87,262
Per Diem, Fees and Contracts...............$ 50,400
Postage.................................. $ 61,500
Total Funds Budgeted..................... $ 4,865,610
State Funds Budgeted..................... $ 4,840,610
Total Positions Budgeted 144
Authorized Motor Vehicles 1
The expenditure object amounts displayed
above represent the budget unit object totals.
Workers Compensation Board Functional Budgets
Total Funds State Funds Pos.
Administration $ 4,444,088 $ 4,419,088 129
Vocational
Rehabilitation $ 412,647 $ 412,647 15
1634
GENERAL ACTS AND RESOLUTIONS, VOL. I
Undistributed
Total
$ 8,875 $ 8,875 0
$ 4,865,610 $ 4,840,610 144
$ 89,113,666
$ 32,720,975
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $625,000 is specifically
appropriated for the purpose of financing the con-
struction and equipping of the Georgia Public
Safety Training Academy in Monroe County,
Georgia through the issuance of not more than
$2,500,000 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, $2,942,400 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 $24,520,000 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, $9,622,275 is specifically
appropriated for the purpose of financing a school
construction program throughout the State of
Georgia, which will consist of the construction,
reconstruction and equipping of school buildings
and facilities, including vocational education com-
prehensive high schools, through the issuance of
not more than $80,190,000 in principal amount of
General Obligation Debt.
Section 43. State of Georgia General
Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (Issued)..........
B. Budget Unit: State of Georgia
General Obligation Debt
Sinking Fund (New).............
GEORGIA LAWS 1984 SESSION
1635
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $820,300 is specifically
appropriated for the purpose of financing the
acquisition, diking and clearing of land for the
deposit of spoilage in connection with harbor
maintenance by the Department of Transporta-
tion through the issuance of not more than
$3,155,000 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, $2,300,000 is specifically
appropriated for the purpose of financing the reno-
vation of an Office Building in Fulton County,
Georgia through the issuance of not more than
$9,200,000 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, $1,200,000 is specifically
appropriated for the purpose of financing improve-
ments consisting of resurfacing and rehabilitation
of roads through the issuance of not more than
$10,000,000 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, $7,500,000 is specifically
appropriated for the purpose of financing the con-
struction of water and sewer projects through the
issuance of not more than $30,000,000 in General
Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $2,751,000 is specifically
appropriated for the purpose of financing the reno-
vation, construction, reconstruction and equipping
of buildings and facilities under the control of the
1636
GENERAL ACTS AND RESOLUTIONS, VOL. I
State Board of Regents of the University System
through the issuance of not more than $22,925,000
in principal amount of General Obligation Debt.
Provided, that from the above appropriated
amount for the State of Georgia General Obliga-
tion Debt Sinking Fund, $4,560,000 is specifically
appropriated for the purpose of financing the
advance construction of the Interstate Highway
System through the issuance of not more than
$38,000,000 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, $400,000 is specifically
appropriated for the purpose of financing renova-
tions at Central State Hospital in Baldwin County,
Georgia through the issuance of not more than
$1,600,000 in principal amount of General Obliga-
tion Debt.
Section 44. Cost-of-Living Increases. This
General Assembly has distributed to and included
in the agency appropriations listed hereinbefore
State funds in the amount of $157,389,336 for the
purpose of providing for an increase of 4% with a
minimum of $360 per annum for full-time employ-
ees of the executive, judicial and legislative
branches of government effective July 1,1984; for
an increase of 4% for State officials whose salary is
set by Act 755 (H.B. 262) of the 1978 Regular
Session of the Georgia General Assembly, as
authorized in 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, except that no cost of living
increases are provided for officials and employees
provided for in H.B. 1150 and H.B. 1038 of the
1984 Regular Session of the Georgia General
Assembly, effective July 1,1984; for an increase of
3% on the current salary schedule for teachers,
GEORGIA LAWS 1984 SESSION
1637
public librarians and other instructional and sup-
port personnel, with first and second year teachers
to be paid as those after completion of one year of
experience and permanent certification effective
the following month, effective September 1, 1984;
for an increase of an additional 7% for those
individuals who are working and certificated in the
teaching areas for the major portion of the day,
media specialists and counsellors for a total salary
increase of 10%, effective September 1, 1984; for
certificated personnel having 18 or more years of
creditable service, the addition of an 18th year on
the teacher salary schedule as a longevity incre-
ment based on the existing indexing factors being
extended one step for each certificate on the pres-
ent teacher salary schedule, effective September 1,
1984; for an increase of 3 % for school bus drivers
and lunchroom workers effective, July 1,1984; for
an increase of 1.5% in benefits for retired members
of the Employees Retirement System on each of
the following dates: July 1, 1984 and January 1,
1985; for an increase of 3% for University System
employees, effective September 1, 1984, for aca-
demic contracted personnel and for an increase of
3% effective July 1,1984 for non-academic person-
nel, fiscal year contracted personnel of the Univer-
sity System and employees of the Athens and
Tifton Veterinary Laboratories, the Poultry Veter-
inary Diagnostic Laboratories, the Cooperative
Extension Service and the Agricultural Experi-
ment Station; for the addition of an L-4 step to the
State Merit System Compensation schedule; effec-
tive July 1,1984.
Section 45. In addition to all other appropri-
ations for the State fiscal year ending June 30,1985
there is hereby appropriated $3,000,000 for the
purpose of providing funds for the operation of
regional farmers markets in the Department of
Agriculture, and there is hereby appropriated
$8,024,103 for the purpose of providing operating
funds for the State physical health laboratories
($175,000 - Budget Unit A) and for State
1638
GENERAL ACTS AND RESOLUTIONS, VOL. I
mental health/mental retardation institutions
($7,849,103 - 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 46. 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 47. It is the intent of this General
Assembly that each State agency utilizing xero-
graphic 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 48. It is the intent of this General
Assembly that each and every agency, board, com-
mission, and authority receiving appropriations in
this Act shall procure and utilize only the most
economical and cost-effective motor vehicles suit-
able for the purpose and shall develop and enforce
stringent regulations relating to the use of motor
vehicles owned, leased, or rented by the State,
including provisions that employees authorized to
utilize State vehicles for commuting to and from
work shall not use State vehicles except for official
GEORGIA LAWS 1984 SESSION
1639
State business. Except as otherwise specifically
authorized by this body, utilization of State motor
vehicles for commuting to and from work should
only be authorized in rare and unusual circum-
stances requiring frequent and regular use of such
State vehicle in official State business under con-
ditions precluding obtaining a State vehicle from a
State facility in a normal manner.
The State auditor shall make the utilization of
State motor vehicles a matter of special interest in
future audits to insure strict compliance with the
intent of this General Assembly.
Section 49. 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.
1640
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 50. It is the intent of this General
Assembly that each agency for which an appropria-
tion is authorized herein shall maintain financial
records in such a fashion as to enable the State
Auditor to readily determine by Object Class the
expenditures of each activity contained in this
Appropriations Act.
Section 51. 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 52. No State appropriations autho-
rized under this Act shall be used to continue
programs currently funded by 100% Federal
funds.
tjon 53. Provided further that no Stg
funds in tFnS'-apgropriation shall be paijMo'or on
behalf of GeorgiaTndigent LegaHSgrvices or its
affiliates, nor shall any^BSirfC^acilities be made
available for theirjieefmcluding mtt>Qbmited to
the Georgja-friferactive Statewide Telecottmmni-
Jetwork either directly or indirectly.

1
Section 54. 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
GEORGIA LAWS 1984 SESSION
1641
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 55. All expenditures and appropria-
tions made and authorized under this Act shall be
according to the programs and activities as speci-
fied in the Governors recommendations contained
in the Budget Report submitted to the General
Assembly at the 1984 regular session, as amended
by the Governors Amended Budget Report,
except as otherwise specified in this Act; provided,
however, the Director of the Budget is authorized
to make internal transfers within a budget unit
between objects, programs, and activities subject
to the conditions that no funds whatsoever shall be
transferred for use in initiating or commencing any
new program or activity not currently having an
appropriation of State funds, nor which would
require operating funds or capital outlay funds
beyond the fiscal year to which this Appropriations
Act applies, and provided, further, that no funds
whatsoever shall be transferred between objects
without the prior approval of at least eleven (11)
members of the Fiscal Affairs Subcommittees in a
meeting called to consider said transfers. This
Section shall apply to all funds of each budget unit
from whatever source derived. The State Auditor
shall make an annual report to the Appropriations
1642
GENERAL ACTS AND RESOLUTIONS, VOL. I
Committees of the Senate and House of Represen-
tatives of all instances revealed in his audit in
which the expenditures by object class of any
department, bureau, board, commission, institu-
tion 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 Gover-
nor of expenditures as to objects, the Director of
the Budget, except as to the Legislative and Judi-
cial Branches of the Government, is authorized to
allocate as to object such funds as he deems proper,
but he shall not approve any operating budget
containing any such allocation until such shall be
submitted and approved in the same manner and
under the same conditions provided hereinbefore
for transfers.
Section 56. 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 57. 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 1984 SESSION
1643
action 58. There is hereby appropriated a
specifmSum of Federal grant funds, said spepiflc
sum being e^ual to the total of the Fectaraigrant
funds available m^ejmess of the a mourns of such
funds appropriated in the^oregpklgsections of this
Act, for the purpose of sjjppfcmting appropriated
State funds, which SfcattTfundssfralHhereupon be
unavailable for^etfpenditure unlessre^appropri-
ated by thejS-dorgia General Assembly. vi-
sion shall not apply to project grant funds nt
appropriated in this Act.
la
Section 59. 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 Sections 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 Plan-
ning and Budget, shall cease to be an obligation of
the State.
jtion 60. It is the intent of this General,
Assembl^tliat cost-of-living increases effective
July 1,1984 ahtLJanuary 1,1985 for retjpeesin the
Employees RetiremfenfcSystem anjW6r retirees in
the Teachers RetirementSSystefn be limited to a
maximum of $25.00 perjHdnth'per retiree. In the
event the Goverrms^determines tmlte'sfche cost-of-
living increasga-'fOT retirees in either systehsqannot
legally hp-slflimited, this $25.00 per month limh
tiojwsfiall not apply to either system.
m &
Section 61. TOTAL STATE FUND
APPROPRIATIONS
State F.Y. 1985...............................:.....$4,302,000,000.
Section 62. This Act shall become effective
upon its approval by the Governor or upon its
becoming law without his approval.
1644
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 63. All laws and parts of laws in
conflict with this Act are repealed.
Approved April 6,1984.
INCOME TAXES ^ CERTAIN PORTION OF
PAYMENTS TO MINORITY SUBCONTRACTORS
EXCLUDED FROM NET INCOME.
Code Title 48, Chapter 7 Amended.
No. 1322 (House Bill No. 635).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of
Georgia Annotated, relating to imposition, rate, and computation of
income taxes, so as to provide that Georgia taxable net income of
corporations, partnerships, and individuals shall not include a certain
portion of payments made to certain minority subcontractors by
taxpayers who are parties to state contracts; to provide for all related
matters; to provide for an effective date and for applicability; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 2 of Chapter 7 of Title 48 of the Official Code
of Georgia Annotated, relating to imposition, rate, and computation
of income taxes, is amended by adding at the end of subsection (b) of
Code Section 48-7-21, relating to Georgia taxable net income of
corporations, a new paragraph (12) to read as follows:
(12) There shall be subtracted from taxable income a portion of
qualified payments to minority subcontractors, as provided in Code
Section 48-7-38.
GEORGIA LAWS 1984 SESSION
1645
Section 2. Said article is further amended by replacing the
period at the end of paragraph (5) of subsection (a) of Code Section
48-7-27, relating to Georgia taxable net income of individuals, with a
semicolon and by adding thereafter a new paragraph (6) of subsection
(a) to read as follows:
(6) A portion of the qualified payments to minority subcontrac-
tors, as provided in Code Section 48-7-38.
Section 3. Said article is further amended by adding a new Code
Section 48-7-38 to read as follows:
48-7-38. (a) As used in this Code section, the term:
(1) Member of a minority means an individual who is a
member of a race which comprises less than 50 percent of the total
population of the state.
(2) Minority subcontractor means any business which is
owned by:
(A) An individual who is a member of a minority who
reports as his personal income for Georgia income tax pur-
poses the income of such business;
(B) A partnership in which a majority of the ownership
interest is owned by one or more members of a minority who
report as their personal income for Georgia income tax pur-
poses more than 50 percent of the income of the partnership;
or
(C) A corporation organized under the laws of this state
in which a majority of the common stock is owned by one or
more members of a minority who report as their personal
income for Georgia income tax purposes more than 50 percent
of the distributed earnings of the corporation.
(3) State contract means a contract for the purchase by the
state of goods, property, or services or for the construction of any
building or structure for the state, which contract is executed by
any department, board, bureau, commission, or agency of state
government, by any state authority, or by any officer, official,
employee, or agent of any of the foregoing.
1646
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) In computing Georgia taxable net income of a corporation,
partnership, or individual, there shall be subtracted from federal
taxable income or federal adjusted gross income 10 percent of the
amount of qualified payments to minority subcontractors. A pay-
ment to a minority subcontractor shall be a qualified payment if:
(1) The payment is for goods, personal property, or services
furnished by the minority subcontractor to the taxpayer and
delivered by the taxpayer to the state in furtherance of a state
contract to which the taxpayer is a party; and the payment does
not exceed the value of the goods, property, or services to the
taxpayer;
(2) The payment is made during the taxable year for which
the subtraction from federal taxable income or federal adjusted
gross income is claimed; and
(3) The payment is made to a subcontractor who at the time
of the payment is certified as a minority contractor pursuant to
subsection (d) of this Code section.
(c) The total amount which may be subtracted under this Code
section from federal taxable income or federal adjusted gross income
of any taxpayer shall be limited to $100,000.00 per taxable year.
(d) The commissioner of administrative services shall certify
individuals, partnerships, and corporations which are within the
definition of the term minority subcontractor specified in subsection
(a) of this Code section. The department may disclose to the commis-
sioner of administrative services the income tax returns of taxpayers
applying for certification as minority subcontractors. The commis-
sioner of administrative services shall maintain and periodically
revise a list of certified minority subcontractors and shall make such
list available to the department and to the general public.
Section 4. This Act shall become effective January 1,1985, and
shall apply to taxable years beginning on or after January 1,1985.
Section 5. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
GEORGIA LAWS 1984 SESSION
1647
PUBLIC ASSISTANCE SUPPLEMENTATION FOR
PRIVATE ROOMS IN NURSING HOMES ALLOWED.
Code Section 49-4-142 Amended.
No. 1323 (House Bill No. 1235).
AN ACT
To amend Code Section 49-4-142 of the Official Code of Georgia
Annotated, relating to the Department of Medical Assistance and the
state plan for medical assistance, so as to direct the Department of
Medical Assistance and the Department of Human Resources to
modify the state plan and any relevant rules and regulations so as to
allow supplementation for private rooms and private sitters for
recipients in nursing homes; to provide for all related matters; to
repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 49-4-142 of the Official Code of Georgia
Annotated, relating to the Department of Medical Assistance and the
state plan for medical assistance, is amended by designating the
existing text of the Code section as subsection (a) and by adding
thereafter a new subsection (b) to read as follows:
(b) The department shall, not later than January 1, 1985,
implement a modification of the state plan for medical assistance and
any affected rules or regulations of the department, which modifica-
tion will allow supplementation by relatives or other persons for a
private room or private sitter or both for a recipient of medical
assistance in a nursing home. The Department of Human Resources
shall likewise modify any affected rules and regulations of the
Department of Human Resources. Such modification of the state
plan for medical assistance and rules and regulations:
(1) Shall provide that payments made by relatives or other
persons to a provider of medical assistance for the specific stated
purpose of paying the additional costs for a private room or
private sitter or both for a recipient of medical assistance in a
nursing home shall not be considered as income when determining
the amount of patient liability toward vendor payments; provided,
1648
GENERAL ACTS AND RESOLUTIONS, VOL. I
however, that the departments entitlement to payments made by
legally liable third parties shall not be diminished by this modifi-
cation of the state plan;
(2) Shall provide that no provider of medical assistance
shall discriminate against a recipient of medical assistance who
does not have a relative or other person who is willing and able to
provide supplementation; but the provision of a private room or
private sitter to a recipient when supplementation is provided
shall not constitute discrimination against other recipients;
(3) Shall provide that no recipient who is transferred to or
admitted to a private room because of a shortage of beds in
semiprivate rooms shall be discharged because the recipient does
not have a relative or other person who is willing and able to
provide supplementation; and
(4) May provide that no provider of medical assistance shall
charge for private rooms in excess of rates which are charged to
private paid patients.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
STATE GOVERNMENT MANAGERIAL CONTROL
OVER ACQUISITION OF CERTAIN PROFESSIONAL
SERVICES.
Code Title 50, Chapter 22 Enacted.
No. 1324 (House Bill No. 1326).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated,
GEORGIA LAWS 1984 SESSION
1649
relating to state government, so as to provide managerial control by
the state over the acquisition of professional services provided by
architects, professional engineers, landscape architects, and land
surveyors; to provide for purpose; to define certain terms; to provide
for professional services listings; to provide procedures for the selec-
tion of a person to perform professional services; to provide for
negotiation of professional services contracts under certain circum-
stances; to provide a prohibition against contingent fees; to provide
for termination of contracts; to provide public notice for projects
which require professional services; to provide for prior existing
design plans; to provide certain exemptions; to provide for applicabil-
ity with respect to other laws; to provide for rules and regulations; to
provide for the waiver of certain requirements under certain condi-
tions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Title 50 of the Official Code of Georgia Annotated,
relating to state government, is amended by adding at the end thereof
a new Chapter 22 to read as follows:
CHAPTER 22
50-22-1. The purpose of this chapter is to provide managerial
control by the state over the acquisition of the professional services
provided by architects, professional engineers, landscape architects,
and land surveyors. It is declared to be the policy of this state to
announce publicly requirements for such professional services, to
encourage all qualified persons to put themselves in a position to be
considered for a contract, and to enter into contracts for such
professional services on the basis of demonstrated competence and
qualification for the types of professional services required at fair and
reasonable fees.
50-22-2. As used in this chapter, the term:
(1) Agency means every state department, agency, board,
bureau, commission, and authority, unless otherwise exempted
under the provisions of subsection (b) of Code Section 50-22-7.
1650
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Person means an individual, a corporation, a partner^
ship, a business trust, an association, a firm, or any other legal
entity.
(3) Principal representative means the governing board of
a state agency or the executive head of a state agency who is
authorized to contract for the agency for professional services.
(4) Professional services means those services within the
scope of the following:
(A) The practice of architecture, as defined in para-
graph (3) of Code Section 43-4-1;
(B) The practice of professional engineering, as defined
in paragraph (11) of Code Section 43-15-2;
(C) The practice of land surveying, as defined in para-
graph (6) of Code Section 43-15-2; or
(D) The practice of landscape architecture, as defined
in paragraph (3) of Code Section 43-23-1.
(5) Project means any activity requiring professional ser-
vices estimated by the state agency to have a cost in excess of
$250,000.00 or to have a fee for professional services in excess of
$15,000.00.
50-22-3. Public notice shall be required for each proposed pro-
ject which requires professional services. Such public notice shall be
given at least 21 days prior to the selection of the three or more most
highly qualified persons by the principal representative or his
designee pursuant to subsection (b) of Code Section 50-22-4. Such
public notice shall be given by publication two times in one or more
daily newspapers of general circulation in this state, shall contain a
general description of the proposed project, and shall indicate what
selection method shall be used and the procedure by which interested
persons may apply for consideration for the contract.
50-22-4. (a) Any person desiring to provide professional ser-
vices to a state agency shall submit to the agency a statement of
qualifications and performance data and such other information as
may be required by the agency. The agency may request such person
GEORGIA LAWS 1984 SESSION
1651
to update such statement periodically in order to reflect changed
conditions in the status of such person.
(b) For each proposed project for which professional services are
required, the principal representative or his designee of the state
agency for which the project is to be done shall evaluate statements of
qualifications and performance data as required in the public notice
provided for in Code Section 50-22-3 and shall conduct discussions
with not less than three persons regarding their qualifications,
approaches to the project, abilities to furnish the required profes-
sional services, anticipated design concepts, and use of alternative
methods of approach for furnishing the required professional ser-
vices. The principal representative or his designee shall then select
not less than three nor more than eight persons deemed to be most
highly qualified to perform the required professional services after
considering, and based upon, such factors as the ability of profes-
sional personnel, past performance, willingness to meet time require-
ments, project location, office location, the professionals current and
projected workloads, the professionals approach, quality control
procedures, the volume of work previously awarded to the person by
the state agency, and the extent to which said persons have and will
involve minority subcontractors, with the object of effecting an
equitable distribution of contracts among qualified persons as long as
such distribution does not violate the principle of selection of the
most highly qualified person. In selection, as mentioned in this Code
section, persons who maintain an office in Georgia shall be given
preference when qualifications appear to be equal.
50-22-5. (a) After selecting not less than three nor more than
eight persons deemed to be the most highly qualified to perform the
required professional services, the principal representative or his
designee shall then send a notice in writing to each person so selected
defining the scope of the required professional services and then shall
select a person to provide the professional services based upon
additional factors such as the cost of providing the professional
services and other factors as the agency deems appropriate or as
required by law; provided, however, that, if the agency selects the
person to provide professional services through contract negotiations,
the provisions of Code Section 50-22-6 shall apply.
(b) In cases where Code Section 50-22-6 is not applicable, such
additional factors to be considered shall be available to interested
persons at the time of the public notice provided for in Code Section
1652
GENERAL ACTS AND RESOLUTIONS, VOL. I
50-22-3 and shall be presented in writing to any person selected for
consideration of the project pursuant to Code Section 50-22-4.
50-22-6. (a) In cases where the agency shall select the person to
provide the professional services through contract negotiations, the
principal representative or his designee shall rank in order not less
than three nor more than eight persons deemed most qualified to
perform such professional services. The principal representative or
his designee shall then negotiate a contract with the highest qualified
person providing professional services for such services at compensa-
tion which the principal representative or his designee determines in
writing to be fair and reasonable. In making such decision, the
principal representative or his designee shall take into account the
estimated value of the services to be rendered and the scope, complex-
ity, and professional nature thereof.
(b) If the principal representative or his designee is unable to
negotiate a satisfactory contract with the person considered to be the
most qualified at a price the principal representative determines to be
fair and reasonable, negotiations with that person shall be formally
terminated. The principal representative or his designee shall then
undertake negotiations with the second most qualified person. If the
principal representative or his designee fails to negotiate a contract
with tbe second most qualified person, the principal representative or
his designee shall formally terminate such negotiations. The princi-
pal representative or his designee shall then undertake negotiations
with the third most qualified person.
(c) If the principal representative or his designee is unable to
negotiate a satisfactory contract with any of the selected persons, the
principal representative or his designee shall either select additional
persons in order of their competence and qualifications and continue
negotiations in accordance with this Code section until a contract is
reached or review the contract under negotiation to determine the
possible cause for failure to achieve a negotiated contract.
(d) Each contract for professional services entered into by the
principal representative shall contain a prohibition against contin-
gent fees as follows: the architect, registered land surveyor, profes-
sional engineer, or landscape architect, as applicable, warrants that
he has not employed or retained any company or person, other than a
bona fide employee working solely for him, to solicit or secure this
contract and that he has not paid or agreed to pay any person,
GEORGIA LAWS 1984 SESSION
1653
company, corporation, individual, or firm, other than a bona fide
employee working solely for him, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the
award or the making of this contract.
(e) Upon any violation of this Code section, the principal repre-
sentative shall have the right to terminate the contract without
liability and, at his discretion, to deduct from the contract price or
recover otherwise the full amount of such fee, commission, percent-
age, or consideration.
50-22-7. (a) Notwithstanding any other provisions of this
chapter, there shall be no public notice requirement or utilization of
the selection process as provided for in this chapter for projects in
which the state agency is able to reuse existing drawings, specifica-
tions, designs, or other documents from a prior project by retention of
the person who provided the professional services and who prepared
the original documents.
(b) Notwithstanding any other provisions of this chapter, the
Board of Regents and University System of Georgia shall be exempt
from the provisions of this chapter.
(c) The provisions of Code Section 50-6-25, relating to the
eligibility of architectural and engineering firms to do business with
the state, shall not be affected or superseded by the provisions of this
chapter.
50-22-8. A state agency shall be authorized to promulgate rules
and regulations to carry out the provisions of this chapter.
50-22-9. In an emergency situation, agencies may waive all the
requirements of this chapter and select by the most expeditious
means possible the person to provide the professional services.
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
1654
GENERAL ACTS AND RESOLUTIONS, VOL. I
HEALTH 4 HOSPITAL EQUIPMENT FINANCING
AUTHORITY ACT.
Code Title 31, Chapter 7 Amended.
No. 1325 (Senate Bill No. 395).
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 facilities, so as to create the Hospital Equip-
ment Financing Authority; to provide for definitions; to provide for
members of the authority and their appointment by the governor; to
provide for qualifications and terms of office of members of the
authority; to provide for filling vacancies; to provide for officers; to
provide for a quorum; to provide for meetings; to authorize the
authority to contract with any entity to provide administrative staff
or clerical services including the functions of the executive director; to
provide for the duties of the executive director; to authorize the
members of the authority to delegate certain administrative duties to
such administrative entity; to provide that members of the authority
may abstain from participating in certain discussions, deliberations,
actions, and voting without violating any civil or criminal law under
certain conditions; to provide for disclosure of certain transactions; to
prohibit participation by members of the authority in certain actions;
to provide that certain contracts or transactions may not be consid-
ered void or voidable; to provide that officers or employees of the
state may not be required to vacate their office or employment under
certain conditions; to provide that the executive director shall execute
a surety bond unless he is already bonded; to authorize the chairman
of the authority to execute a blanket surety bond covering each
member, the executive director, and the employees or other officers of
the authority; to provide for the powers of the authority; to provide
that no part of the revenue or assets of the authority may inure to the
benefit of or be distributable to its members or officers or other
private persons; to provide that net earnings of the authority shall
inure to the benefit of the state; to provide for the disposition of all
rights and properties of the authority upon termination or dissolu-
tion; to provide for competitive bidding; to provide for additional
powers; to provide for the issuance, sale, and delivery of bonds by the
authority and the procedures connected therewith; to provide that
GEORGIA LAWS 1984 SESSION
1655
bonds issued by the authority shall not be deemed to constitute a debt
or pledge of the faith and credit of the state or any political subdivi-
sion thereof; to declare that the creation of the authority and the
carrying out of its corporate purposes is a public purpose; to provide
that the state shall covenant with the holders of the bonds and any
interest coupons appertaining thereto that the authority shall not be
required to pay taxes; to provide for certain rights for bondholders; to
provide for the expenditure of funds received by the authority; to
authorize the authority to hold title in any project financed by the
authority; to provide for the legal situs or residence of the authority;
to provide for the submission of annual reports by the authority; to
provide for construction; to provide for rules and regulations; to
provide for 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. 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 a new Article 10
at the end thereof to read as follows:
ARTICLE 10
31-7-190. This article may be cited as the Hospital Equipment
Financing Authority Act.
31-7-191. The purpose of this article shall be to provide a
mechanism through which hospitals may finance health equipment at
lower than prevailing costs and to make this mechanism available to
the largest number of hospitals feasible, including, but not limited to,
those hospitals which serve disproportionately high numbers of indi-
gent patients.
31-7-192. As used in this article, the term:
(1) Authority means the Hospital Equipment Financing
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.
1656
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Bond, bonds, or revenue bonds means revenue
bonds, refunding notes, notes, interim certificates, bond anticipa-
tion notes, and other evidences of indebtedness of the authority
issued under this article, notwithstanding that such bonds may be
secured by a mortgage or the full faith and credit of a participating
health facility or any other lawfully pledged security of a health
facility.
(3) Cost as applied to a project or any portion thereof
financed under this article includes:
(A) The cost and the incidental and related costs of the
acquisition, repair, restoration, reconditioning, refinancing,
or installation of health equipment;
(B) The cost of any property interest in health equip-
ment, including an option to purchase a leasehold interest;
(C) The cost of architectural, engineering, legal,
trustee, underwriting, and related services; the cost of the
preparation of plans, specifications, studies, surveys, and
estimates of cost and of revenue; and all other expenses
necessary or incident to planning, providing, or determining
the need for or the feasibility and practicability of health
equipment;
(D) The cost of financing charges, including premiums
or prepayment penalties and interest accrued before the
acquisition and installation or refinancing of such health
equipment for up to three years after such acquisition and
installation or refinancing and costs related to health equip-
ment for up to three years after such acquisition and installa-
tion or refinancing;
(E) The costs paid or incurred in connection with the
financing of health equipment, including out-of-pocket
expenses, the cost of any policy of insurance, the cost of
printing, engraving, and reproduction services, and the cost of
the initial or acceptance fee of any trustee or paying agent;
(F) The costs of the authority incurred in connection
with providing health equipment, including reasonable sums
to reimburse the authority for time spent by its agents or
employees in providing and financing health equipment; and
GEORGIA LAWS 1984 SESSION
1657
(G) The costs paid or incurred for the administration of
any program for the purchase or lease of or the making of
loans for health equipment by the authority and any program
for the sale or lease of or making of loans for health equip-
ment to any participating provider.
(4) Health equipment means any fixture or personal prop-
erty which is determined by the authority to be necessary or
helpful for medical care, research, training, or teaching in Georgia,
regardless of whether such property is in existence at the time of,
or is to be provided after the making of, such finding.
(5) Health facility means any health care facility licensed
by the department under Article 1 of this chapter as a hospital
which is owned or operated by a participating provider and which
is utilized, directly or indirectly, in health care, medical research,
or the training or teaching of health care personnel.
(6) Participating provider means a person, corporation,
municipal corporation, political subdivision, or other entity,
public or private, which owns or operates a health facility and
which contracts under this chapter with the authority for the
financing or refinancing of, or the lease or other acquisition of,
health equipment.
31-7-193. (a) There is created, with such duties and powers as
are set forth in this chapter, a public body corporate and politic, not a
state agency but an instrumentality of purely public charity perform-
ing an essential governmental function, to be known as the Hospital
Equipment Financing Authority.
(b) The authority shall be governed by five members appointed
by the Governor, including:
(1) At least one trustee, director, officer, or employee of a
health facility or an association of health facilities;
(2) At least one person who has experience in the field of
state and municipal finance either as a partner, officer, or
employee of an investment banking firm which originates and
purchases state and municipal securities or as an officer or
employee of an insurance company or bank whose duties relate to
the purchase of state and municipal securities as an investment
1658
GENERAL ACTS AND RESOLUTIONS, VOL. I
and to the management and control of a state and municipal
securities portfolio; and
(3) At least one person who has experience in the hospital
building construction field or the hospital equipment field.
(c) All members must be Georgia residents.
(d) Two of the members appointed in 1984 shall be appointed
for a term expiring January 1,1986; two shall be appointed for a term
expiring January ft$ 1988; and one shall be appointed for a term
expiring January 1, 1990. Thereafter, each member shall be
appointed for a six-year term. Vacancies in the membership of the
authority shall be filled for the unexpired term by appointment by
the Governor. Each member shall hold office for the term of his
appointment and until his successor shall have been appointed and
qualified. Members may be reappointed. Any member may be
removed from office by the Governor for incompetency, neglect of
duty, or malfeasance in office.
(e) The members shall elect a chairman, a vice chairman, and
other officers. The members may not be compensated for their
services but they shall be reimbursed for their actual and necessary
expenses as determined by the authority.
(f) A majority of the members of the authority constitutes a
quorum for the transaction of business. The vote of at least a
majority of the members present at any meeting at which a quorum is
present and who are not disqualified from voting under subsection (k)
of this Code section is necessary for any action to be taken by the
authority. No vacancy in the membership of the authority impairs
the right of a quorum to exercise all rights and perform all duties of
the authority.
(g) Meetings of the members of the authority shall be held at the
call of the chairman or whenever any two members so request. The
members shall meet at least once every year.
(h) The authority shall contract with an entity to provide an
administrative staff and clerical services and to manage the routine
affairs of the authority, including the originating and processing of
any applications from participating providers for the lease or pur-
chase from the authority, or financing, reimbursing, or refinancing by
GEORGIA LAWS 1984 SESSION
1659
the authority, of health equipment and to service the leases, install-
ment purchase contracts, and loan agreements between the authority
and the participating providers. The administrative staff shall
include an executive director who shall serve as the ex officio
secretary of the authority. The executive director may be an employee
of such entity. The executive director shall approve all accounts for
salaries, allowable expenses of the authority or of any employee of the
entity or consultant of the authority, and expenses incidental to the
operation of the authority.
(i) The executive director shall attend the meetings of the
members of the authority, shall keep a record of the proceedings of
the authority, and shall maintain all books, documents, and papers
filed with the authority, the minutes of the authority, and its official
seal. He may cause copies to be made of all minutes and other records
and documents of the authority and may give certificates under seal
of the authority to the effect that such copies are true copies, and all
persons dealing with the authority may rely upon such certificates. If
the executive director is unable to attend a meeting of the members of
the authority, the members of the authority shall designate a member
of the authority or an employee of the entity referred to in subsection
(i) of this Code section as the person responsible for carrying out the
duties set out in subsections (h) and (i) of this Code section.
(j) (1) Notwithstanding any other law or judicial decision to
the contrary, a member of the authority does not violate any law,
civil or criminal, if:
(A) He is qualified under paragraph (1) of subsection
(b) of this Code section and he abstains from discussion,
deliberation, action, and voting of the authority with respect
to any undertaking under this article in which the partici-
pating provider with which that person is affiliated has a
pecuniary interest at the time of such discussion, delibera-
tion, action, or vote;
(B) He is qualified under paragraph (2) of subsection
(b) of this Code section and he abstains from discussion,
deliberation, action, and voting with the authority with
respect to any sale, purchase, or ownership of bonds of the
authority in which the investment banking firm, or insurance
company, or bank of which the member is a partner, share-
holder, officer, or employee has a pecuniary interest at the
time of such discussion, deliberation, action, or vote;
1660
GENERAL ACTS AND RESOLUTIONS, VOL. I
(C) He is qualified under paragraph (3) of subsection
(b) of this Code section and he abstains from discussion,
deliberation, action, and voting with the authority with
respect to the installation or acquisition of any health equip-
ment of the authority in which any partnership, firm, joint
venture, sole proprietorship, or corporation of which such
person is an owner, venturer, participant, partner, share-
holder, officer, or employee has a pecuniary interest at the
time of such discussion, deliberation, action, or vote; or
(D) Any member or employee of the authority:
(i) Who has, or to his knowledge, may have, or
later may acquire a direct or indirect pecuniary interest
in any transaction with the authority; or
(ii) Who is an officer, member, director, or
employee of or has an ownership interest in any firm or
corporation interested directly or indirectly in any trans-
action with the authority
immediately discloses the nature and extent of the interest in
writing to the authority as soon as he has knowledge of the
interest. This disclosure shall be entered upon the minutes of
the authority. Upon this disclosure, the member or employee
may not participate in any action by the authority authoriz-
ing such transaction.
(2) Notwithstanding any provisions of this Code section or
any other law, a contract or transaction may not be considered
void or voidable because of the presence of an interest described in
this Code section if the provisions of this Code section have been
satisfied.
(k) Notwithstanding the provisions of any other law, an officer
or employee of the state may not be required to vacate his office or
employment solely because he is a member of the authority or has
provided services to the authority.
(l) Before the issuance of any bonds under this article, the
executive director of the authority shall execute a surety bond in the
penal sum of $50,000.00. If the executive director of the authority is
already covered by a bond required by state law, the executive
GEORGIA LAWS 1984 SESSION
1661
director need not obtain another bond if the bond required by state
law is in at least the penal sum specified in this Code section and
covers the executive directors activities for the authority. In lieu of
this bond, the chairman of the authority may execute a blanket surety
bond covering each member, the executive director, and the employ-
ees, agents, or other officers of the authority. At all time after the
issuance of any surety bonds, these surety bonds shall be maintained
in full force and effect. All costs of the surety bonds shall be borne by
the authority.
31-7-194. (a) The authority has all powers necessary to carry
out and effectuate its public and corporate purposes, including but
not limited to the following:
(1) To have perpetual succession as a public body corporate
and politic and an independent public instrumentality exercising
essential public functions;
(2) To adopt, amend, and repeal bylaws and rules consistent
with this article to regulate its affairs, to carry into effect the
powers and purposes of the authority and conduct its business;
(3) To sue and be sued in its own name;
(4) To have an official seal;
(5) To maintain an office in Georgia;
(6) To make and execute contracts and all other instru-
ments necessary or convenient for the performance of its duties
and the exercise of its powers and functions under this article;
(7) To employ architects, engineers, independent legal
counsel, inspectors, accountants, and health care and financial
experts and such other advisers, consultants, and agents as may be
necessary in its judgment without the approval of or consent by
any other state official and to fix their compensation;
(8) To procure insurance against any loss in connection with
its property and other assets in such amounts and from such
insurers as it considers advisable, including the power to pay
premiums on any such insurance;
1662
GENERAL ACTS AND RESOLUTIONS, VOL. I
(9) To procure insurance or guarantees from any public or
private entities, including any department, agency, or instrumen-
tality of the United States, to secure payment:
(A) On a loan, lease, or purchase payment owed by a
participating provider to the authority; and
(B) Of any bonds issued by the authority, including the
power to pay premiums on any such insurance or guarantee;
(10) To procure letters of credit or other credit facilities or
agreements from any national or state banking association or
other entity authorized to issue a letter of credit or other credit
facilities or agreements to secure the payment of any bonds issued
by the authority or to secure the payment of any loan, lease, or
purchase payment owed by a participating provider to the author-
ity, including the power to pay the cost of obtaining such letter of
credit or other credit facilities or agreements;
(11) To receive and accept from any source any money,
property, or thing of value to be held, used, and applied to carry
out the purpose of this article, subject to the conditions upon
which the grants or contributions are made, including gifts or
grants from any department, agency, or instrumentality of the
United States for any purpose consistent with this article;
(12) To provide, or cause to be provided by a participating
provider, by acquisition, lease, fabrication, repair, restoration,
reconditioning, refinancing, or installation of health equipment to
be located within a health facility in Georgia;
(13) To lease as lessor any item of health equipment for such
rentals and upon such terms and conditions as the authority
considers advisable and which are not in conflict with this article;
(14) To sell by installment or otherwise to sell by option or
contract for sale and to convey all or any part of any item of health
equipment for such price and upon such terms and conditions as
the authority considers advisable and which are not in conflict
with this article;
(15) To make contracts and incur liabilities, borrow money at
such rates of interest as the authority determines, issue its bonds
GEORGIA LAWS 1984 SESSION
1663
in accordance with this article, and secure any of its bonds or
obligations by a mortgage or pledge of all or any of its property,
franchises, and income or as otherwise provided in this article;
(16) To make secured or unsecured loans for the purpose of
providing temporary or permanent financing or refinancing for
the cost of any item of health equipment, including the retiring of
any outstanding obligations issued by a participating provider,
and the reimbursement to a participating provider for the cost of
any health equipment purchased within one year prior to the
effective date of this article or in anticipation of procuring such
financing or refinancing from the authority or other sources, and
to charge and collect interest on such loans for such loan payments
and upon such terms and conditions as the authority considers
advisable and which are not in conflict with this article;
(17) To invest and reinvest its funds and to take and hold
property as security for the investment of such funds as provided
in this article;
(18) To purchase, receive, lease (as lessee or lessor), or other-
wise acquire, own, hold, improve, use, or otherwise deal in and
with health equipment, or any interest therein, wherever situated;
(19) To sell, convey, mortgage, pledge, assign, lease,
exchange, transfer, and otherwise dispose of all or any part of its
property and assets;
(20) To the extent permitted under its contract with the
holders of bonds of the authority, consent to any modification
with respect to the rate of interest, time, and payment of any
installment of principal or interest or any other terms of any
contract, loan, loan note, loan note commitment, lease, or agree-
ment of any kind to which the authority is a party;
(21) To charge to and apportion among participating provid-
ers its administrative costs and expenses incurred in the exercise
of the powers and duties conferred by this article;
(22) Except as otherwise provided in a trust agreement or
bond resolution securing bonds of the authority, to invest any
funds held in reserve, in such indebtedness or obligations designed
by the authority for investments of its funds held under this
article;
1664
GENERAL ACTS AND RESOLUTIONS, VOL. I
(23) To collect fees and charges, as the authority determines
to be reasonable, in connection with its loans, leases, sales,
advances, insurance, commitments, and servicing;
(24) To cooperate with and exchange services, personnel, and
information with any federal, state, or local governmental agency;
and
(25) To sell, at public or private sale, with or without public
bidding, any loan or other obligation held by the authority.
(b) No part of the revenues or assets of the authority may inure
to the benefit of or be distributable to its members or officers or other
private persons. Any net earnings of the authority beyond that
necessary for retirement of authority indebtedness or to implement
the public purposes of this article inure to the benefit of the state.
Upon termination or dissolution, all rights and properties of the
authority pass to and are vested in the state, subject to the rights of
lienholders and other creditors.
31-7-195. Health equipment financed under this article is not
subject to any statutory requirement of competitive bidding or other
restriction imposed on the procedure for award of contracts or the
lease, sale, or other disposition of property with regard to any action
taken under authority of this article; however, if the prospective
lessee or purchaser requests in writing, the authority shall call for bids
in a manner determined by the authority with the approval of such
lessee or purchaser.
31-7-196. (a) The authority may initiate a program of provid-
ing health equipment to be operated by participating providers in
health facilities in Georgia. In furtherance of this objective, the
authority may also:
(1) Establish eligibility standards for participating provid-
ers, provided that such standards shall encourage maximum feasi-
ble participation for participating providers serving dispropor-
tionately high numbers of indigent patients;
(2) Contract with any entity securing the payment of bonds
under paragraphs (9) and (10) of subsection (a) of Code Section
31-7-194, authorizing the entity to approve the participating
providers that can finance or refinance health equipment with
proceeds from the bond issue secured by that entity;
GEORGIA LAWS 1984 SESSION
1665
(3) Lease to a participating provider specific items of health
equipment upon terms and conditions that the authority consid-
ers proper, charge and collect rents therefor, terminate any such
lease upon the failure of the lessee to comply with any of its
obligations under the lease or otherwise as the lease provides,
include in any such lease provisions that the lessee has the options
to renew the term of the lease for such periods and at such rents as
may be determined by the authority or to purchase any or all of
the health equipment to which the lease applies;
(4) Loan to a participating provider under any installment
purchase contract or loan agreement money to finance, reimburse,
or refinance the cost of specific items of health equipment and
take back a secured or unsecured promissory note evidencing such
a loan and a security interest in the health equipment financed or
refinanced with such loan, upon such terms and conditions as the
authority considers proper;
(5) Sell or otherwise dispose of any unneeded or obsolete
health equipment under terms and conditions as determined by
the authority;
(6) Maintain, repair, replace, and otherwise improve or
cause to be maintained, repaired, replaced, and otherwise
improved any health equipment owned by the authority;
(7) Obtain or aid in obtaining property insurance on all
health equipment owned or financed or accept payment if any
health equipment is damaged or destroyed; and
(8) Enter into any agreement, contract, or other instrument
with respect to any insurance, guarantee, or letter of credit
accepting payment in such manner and form as provided therein if
a participating provider defaults and assign any such insurance,
guarantee, or letter of credit as security for bonds issued by the
authority.
(b) Before exercising any of the powers conferred by paragraph
(a) of this Code section, the authority may:
(1) Require that the lease, installment purchase contract, or
loan agreement involved be insured by a loan insurer, be guaran-
teed by a loan guarantor, or be secured by a letter of credit; and
1666
GENERAL ACTS AND RESOLUTIONS, VOL. I
(2) Require any other type of security from the partici-
pating providers that it considers reasonable and necessary.
(c) The authority may not finance health equipment for any
participating provider unless the Health Planning Agency, or any
successor thereof, has issued a certificate of need, or comparable
certification of approval, to the participating provider for the health
equipment to be financed by the authority if the acquisition of such
health equipment by the participating provider would require a
certificate of need, or comparable certification of approval, under
Chapter 6 of this title.
31-7-197. (a) The authority may issue, sell, and deliver its
bonds, in accordance with this article, for the purpose of paying for or
making loans to participating providers for the financing, reimburs-
ing, or refinancing of all or any part of the cost of health equipment, to
finance the acquisition of health equipment for lease or sale to
participating providers, and any other purposes authorized by this
article.
(b) The bonds may be issued as serial bonds or as term bonds or
a combination of each in one or more series and shall bear such date or
dates, mature at such time or times, not exceeding ten years from
their respective dates of issue, bear interest at such fixed or variable
rates without regard to any limitations contained in any other statute
or laws of this state, be payable at such time or times, be in such
denominations, be in such form, either coupon or fully registered,
carry such registration and conversion privileges, have such rank or
priority, be payable in lawful money of the United States at such
places, within or outside this state, and be subject to such terms of
redemption as such bond resolution may provide.
(c) All revenue bonds issued by the authority shall be subject to
validation in accordance with Article 3 of Chapter 82 of Title 36,
known as the Revenue Bond Law. All proceedings to validate
revenue bonds of the authority shall be held in the Superior Court of
Fulton County and judgments of validation obtained in the manner
set forth in such chapter shall be forever conclusive upon the validity
of such bonds and the security for such bonds as therein provided.
The petition and complaint for validation shall also make party
defendant to such action any participating provider which has con-
tracted with the authority in connection with the issuance of the
bonds or regarding the manner in which such bonds are to be secured;
GEORGIA LAWS 1984 SESSION
1667
and such participating provider shall be required to show cause, if any
exists, why such security and the terms and conditions thereof should
not be inquired into by the court, the validity of the terms thereof
determined, and the security adjudicated as a binding obligation of
the participating provider for the payment of any such bonds of the
authority. The bonds when validated and the judgment of validation
shall be final and conclusive with respect to such bonds against the
authority issuing the same, any parties to the validation proceedings,
or any persons who might properly have become parties to said
proceedings. The certificate of validation, however, may be signed
with the facsimile or manually executed official signature of the clerk
or deputy clerk of the Superior Court of Fulton County.
(d) The authority may sell its bonds in such manner and for such
price, at public or private sale, as it may determine to be for the best
interest of the authority. Prior to the preparation of definitive bonds,
the authority may, under like restrictions, issue interim certificates or
receipts or temporary bonds for definitive bonds upon issuance of the
latter. The authority may also provide for the replacement of any
bonds which shall become mutilated or be destroyed or lost.
(e) The bonds shall be signed by the chairman of the authority,
and the corporate seal of the authority shall be thereunto impressed,
imprinted, or otherwise reproduced and attested by the signature of
the secretary of the authority. The coupons, if any, shall be signed in
such manner as may be directed by the authority. The signatures of
the officers of the authority and the seal of the authority upon any
bond, note, or other debt security issued by the authority may be by
facsimile if the instrument is authenticated or countersigned by a
trustee other than the authority itself or an officer or employee of the
authority. All bonds or notes issued under authority of this article
bearing signatures or facsimiles of the signatures of officers of the
authority in office on the date of the signing thereof shall be valid and
binding, notwithstanding that before the delivery thereof and pay-
ment therefor such officers whose signatures appear thereon shall
have ceased to be officers of the authority.
(f) Interest shall cease to accrue on any bond on the date that
such bond becomes due for payment if such payment is made or duly
provided for, but liability for such bond and the accrued interest
thereon shall continue until such bond is 20 years overdue for
payment. At such time, unless demand for payment has been made,
such obligation shall be extinguished and shall be deemed no longer
outstanding.
1668
GENERAL ACTS AND RESOLUTIONS, VOL. I
(g) The authority may provide for the issuance of bonds of the
authority for the purpose of refunding any bonds of the authority
then outstanding, including the payment of any redemption premium
thereon and any interest accrued or to accrue to the earliest or any
subsequent date of redemption, purchase, or maturity of such bonds,
and, if considered advisable by the authority, for the additional
purpose of paying all or any part of the cost of health equipment.
(h) The proceeds of any bonds issued for the purpose of refund-
ing outstanding bonds may, in the discretion of the authority, be
applied to the purchase or retirement at maturity or redemption of
such outstanding bonds either on their earliest or any subsequent
redemption date or upon the purchase or at the maturity thereof and
may, pending such application, be placed in escrow to be applied to
such purchase or retirement at maturity or redemption on such date
as may be determined by the authority. Subject to the provisions of
any trust indenture to the contrary, any such escrowed proceeds,
pending such use, may be invested and reinvested in such obligations
as are determined by the authority in order to assure the prompt
payment of the principal and interest and redemption premium, if
any, on the outstanding bonds to be so refunded. The interest,
income, and profits, if any, earned or realized on any such investment
may also be applied to the payment of the outstanding bonds to be so
refunded. Only after the terms of the escrow have been fully satisfied
and carried out, any balance of such proceeds and interest, income,
and profits, if any, earned or realized on the investments thereof shall
be returned to the authority or the participating providers for use by
them in any lawful manner. All such bonds are subject to this Code
section in the same manner and to the same extent as other bonds
issued under this Code section.
(i) The proceeds of the bonds, other than refunding bonds, of
each issue shall be used for the payment of all or part of the cost of, or
for the making of a loan in the amount of all or part of the cost of, the
health equipment for which such bonds have been authorized and, at
the option of the authority, for the deposit to a reserve fund or reserve
funds for the bonds; however, the authority may be paid, out of
money from the proceeds of the sale and delivery of its bonds issued
in accordance with this chapter, all of the authoritys out-of-pocket
expenses and costs in connection with the issuance, sale, and delivery
of such bonds, and the costs of obtaining insurance, guarantees, and
letters of credit securing payment of the bonds and the lease and the
loan and installment purchase payments, plus an amount equal to the
GEORGIA LAWS 1984 SESSION
1669
compensation paid to any employees of the authority for the time
those employees have spent on activities relating to the issuance, sale,
and delivery of the bonds. Bond proceeds shall be disbursed in the
manner and under the restrictions determined by the authority.
31-7-198. (a) The bonds may be secured by a trust indenture
by and between the authority and a corporate trustee which may be
any bank having the power of a trust company or any trust company.
The trust indenture may contain such provisions for protecting and
enforcing the rights and remedies of the holders of the bonds as may
be reasonable and proper and not in violation of law, including
covenants setting forth the duties of the authority in relation to the
exercise of its powers and the custody, investing, safekeeping, and
application of all money. The authority may provide by the trust
indenture for the payment of the proceeds of the bonds and the
revenue to the trustee under the trust indenture or other depository
and for the method of disbursement thereof with such safeguards and
restrictions as the authority may determine. All expenses incurred in
carrying out the trust indenture may be treated as a part of the
operating expenses of the authority. If the bonds are secured by a
trust indenture, the holders of the bonds have no authority to appoint
a separate trustee to represent them.
(b) (1) Any bond resolution or related trust indenture, inden-
ture of mortgage, or deed of trust may contain provisions, which
must be a part of the contract with the holders of the bonds to be
authorized, as to:
(A) Pledging or assigning the revenues generated by
the health equipment, pledging or assigning the notes and
mortgage, lease, or other security given by the participating
providers whose health equipment has been financed with the
proceeds of such bonds or other specified revenues or prop-
erty of the authority;
(B) The rentals, fees, interest, and other amounts to be
charged by the authority, the schedule of principal payments,
and the sums to be raised in each year thereby, and the use,
investment, and disposition of such sums;
(C) Setting aside any reserves or sinking funds and the
regulation, investment, and disposition thereof;
1670
GENERAL ACTS AND RESOLUTIONS, VOL. I
(D) Limitation on the use of the health equipment;
(E) Limitations on the purpose to which or the invest-
ments in which the proceeds of sale of any issue of bonds then
or thereafter may be applied;
(F) Limitations on the issuance of additional bonds,
terms upon which additional bonds may be issued and
secured, and the terms upon which additional bonds may
rank on a parity with, or be subordinate or superior to, other
bonds;
(G) The refunding of outstanding bonds;
(H) The procedure, if any, by which the terms of any
contract with holders of the bonds may be amended or
abrogated, the amounts of bonds the holders of which must
consent thereto, the manner in which such consent may be
given, and restrictions on the individual rights of action by
holders of the bonds;
(I) Acts or omissions that constitute a default in the
duties of the authority to holders of its bonds and providing
the rights and remedies of such holders in the event of
default; and
(J) Any other matters relating to the bonds that the
authority considers desirable.
(2) Bonds of the authority may also be secured by and
payable from a pooling of leases or of notes and mortgages or other
security instruments whereby the authority may assign its rights,
as lessor, and pledge rents under two or more leases of health
equipment with two or more participating providers, as lessees, or
assign its rights as payee or secured party and pledge the revenues
under two or more notes and loan agreements from two or more
participating providers upon such terms as may be provided for in
bond resolutions or other instruments under which such bonds are
issued.
(c) Every issue of bonds is payable solely out of revenues, assets,
or money of the authority as the authority determines, subject only to
any agreements with the holders of particular bonds pledging any
GEORGIA LAWS 1984 SESSION
1671
particular money or revenue. The bonds may be additionally secured
by a pledge of any grant, contribution, or guarantee from the federal
government or any corporation, association, institution, or person or a
pledge of any money, income, or revenue of the authority from any
source.
31-7-199. Neither the members of the authority nor any person
executing bonds or notes on behalf of the authority shall be person-
ally liable thereon by reason of the issuance thereof.
31-7-200. Bonds issued under this article shall not be deemed to
constitute a debt or pledge of the faith and credit of this state or any
political subdivision thereof within the meaning of any provision of
the Constitution or laws of this state. Bonds issued by the authority
shall not directly, indirectly, or contingently obligate the state or any
of its political subdivisions to levy or to pledge any form of taxation
whatever therefor or to make any appropriation for the payment
thereof; and all such bonds or other obligations of the authority shall
contain recitals on their face covering substantially the foregoing
provisions of this Code section. No state or local public funds shall be
appropriated for use of the authority created by this article.
31-7-201. The creation of the authority and the carrying out of
its corporate purposes is in all respects for the benefit of the people of
this state and is a public purpose, and the authority will be perform-
ing an essential governmental function in the exercise of the power
conferred upon it by this article; the state covenants with the holders
of the bonds and any interest coupons appertaining thereto that the
authority shall be required to pay no taxes or assessments imposed by
the state or any of its counties, municipal corporations, political
subdivisions, or taxing districts upon any of the property acquired or
leased by it or under its jurisdiction, control, possession, or supervi-
sion or upon its activities in the operation or maintenance of the
health equipment acquired by it or upon any fees, rentals, charges, or
purchase price, received in installments or otherwise, pertaining to
such health equipment or upon other income received by the author-
ity; that the bonds of the authority, their transfer, and the interest
and income therefrom shall at all times be exempt from taxation
within this state; and that the recording of any indenture or security
agreement by the authority shall be exempt from recording taxes and
fees and from intangibles tax. The tax exemption provided in this
Code section shall not include any exemption from sales or use tax on
property purchased by the authority or for use by the authority,
1672
GENERAL ACTS AND RESOLUTIONS, VOL. I
except that the authority shall be entitled to such exemption with
respect to property for any particular project as is available to the
participating provider pursuant to Article 1 of Chapter 8 of Title 48.
31-7-202. While any of the bonds issued by the authority remain
outstanding, the powers, duties, or existence of the authority or of any
of its officers shall not be diminished or impaired in any manner that
will affect adversely the interest and right of the holders of such
bonds. This article shall be for the benefit of the state, the authority,
and the holders of any such bonds and, upon the issuance of the bonds
as provided in this article, such provisions shall constitute a contract
with the holders of such bonds. The provisions of any bond resolution,
indenture, or trust agreement shall be a contract with every holder of
such bonds; and the duties of the authority under any such bond
resolution, indenture, or trust agreement shall be enforceable by any
bondholder by mandamus or other appropriate action or proceeding
at law or in equity.
31-7-203. All moneys received by the authority pursuant to this
article, whether as grants or other contributions or as revenues, rents,
and earnings, shall be held and applied solely as provided for in this
article.
31-7-204. The authority may hold title to any project financed
by it but shall not be required to do so.
31-7-205. The authoritys legal situs or residence for the purpose
of this article shall be Fulton County. Any action to protect or enforce
any rights under this article, including the validation of obligations
issued by the authority as permitted in this article, shall be brought in
the Superior Court of Fulton County; and such court shall have
exclusive original jurisdiction of all such actions.
31-7-206. Not later than the last day of January of each year, the
authority shall submit an annual report of its activities for the
preceding fiscal year to the Governor and the General Assembly.
Each member of the General Assembly who requests a copy of the
report from the chairman of the authority shall be sent a copy. Each
report shall contain the name and address of the authority and a
complete operating and financial statement for the authority during
the fiscal year it covers. Furthermore, each report shall contain a
statement with respect to all bonds which the authority issued during
the immediately preceding calendar year, and such statement shall
contain with respect to each such issue of bonds:
GEORGIA LAWS 1984 SESSION
1673
(1) A copy of the resolution or other action authorizing the
bonds;
(2) The identity of any public or private entity which will
have any actual or potential liability for the payment of any part
of the principal of or interest on such bonds;
(3) A statement identifying the location and nature of all
health equipment which has been financed with any part of the
proceeds of such bonds;
(4) The identity of each participating provider which will
make use of any part of such health equipment; and
(5) The amount, term, and interest rate of such bonds.
31-7-207. Nothing in this article may be construed as a restrict-
ion or limitation upon any powers which the authority might other-
wise have under any other law of this state, and this article is
cumulative to such powers. This article shall be construed to provide
a complete, additional, and alternative method for the doing of the
things authorized and shall be construed as supplemental to powers
conferred by any other laws. The adoption by the authority of bylaws
and rules and the issuance of bonds by the authority under this article
need not comply with the requirements of any other state laws
applicable to the adoption of bylaws and rules and the issuance of
bonds, notes, and other obligations. No proceedings, notice, or
approval is required for the issuance of any bonds or any instrument
or the security therefor or for the proper conduct of the authoritys
business, affairs, or operations, except as provided in this article.
31-7-208. This article, being for the welfare of the state and its
inhabitants shall be liberally construed to effect its 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 April 6,1984.
1674
GENERAL ACTS AND RESOLUTIONS, VOL. I
IDENTIFICATION CARDS ISSUANCE UNDER
PASSPORT NUMBER FOR CERTAIN PERSONS.
Code Section 40-5-100 Amended.
No. 1326 (House Bill No. 1278).
AN ACT
To amend Code Section 40-5-100 of the Official Code of Georgia
Annotated, relating to identification cards, so as to provide that the
card may be issued under a passport number for certain persons in
lieu of a social security number; to 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 40-5-100 of the Official Code of Georgia
Annotated, relating to identification cards, is amended by striking
said Code section in its entirety and inserting in lieu thereof a new
Code section to read as follows:
40-5-100. (a) The Department of Public Safety shall issue
personal identification cards to persons who do not have motor
vehicle drivers licenses and who make application to the department
in accordance with rules and regulations prescribed by the Board of
Public Safety. Cards issued to applicants under 18 years of age shall
contain the distinctive characteristics of drivers licenses issued pur-
suant to Code Section 40-5-26. The identification card shall be similar
in form but distinguishable in color from motor vehicle drivers
licenses and shall include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
GEORGIA LAWS 1984 SESSION
1675
(6) Height;
(7) Weight;
(8) Eye color;
(9) Post where the identification card was issued; and
(10) Signature of person identified.
(b) The identification card shall bear the signatures of the
commissioner of public safety and the Governor and shall bear an
identification card number which shall be the same as the social
security number or, in the case of an individual who is not a citizen of
the United States, the passport number of the person identified.
Section 2. This Act shall become effective upon its approval by
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 6,1984.
ENGINEERING EXPERIMENT STATION NAME
CHANGED TO GEORGIA TECH RESEARCH
INSTITUTE.
Code Section 20-11-7 Enacted.
No. 1327 (Senate Bill No. 364).
AN ACT
To amend Chapter 11 of Title 20 of the Official Code of Georgia
Annotated, relating to the Engineering Experiment Station at the
1676
GENERAL ACTS AND RESOLUTIONS, VOL. I
Georgia Institute of Technology, so as to authorize changing the name
of the Engineering Experiment Station to Georgia Tech Research
Institute; 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 11 of Title 20 of the Official Code of Georgia
Annotated, relating to the Engineering Experiment Station at the
Georgia Institute of Technology, is amended by adding at the end
thereof a new Code Section 20-11-7 to read as follows:
20-11-7. The President of the Georgia Institute of Technology
is authorized at any time not later than January 1, 1985, in his
discretion, to change the name of the Engineering Experiment Sta-
tion to Georgia Tech Research Institute by giving written notice of
such change and of the effective date thereof to the Board of Regents
of the University System of Georgia and the Secretary of State of the
State of Georgia. The Engineering Experiment Station shall be
known and designated as the Georgia Tech Research Institute from
and after the effective date specified in such notice. The president
and his delegate or delegates are authorized to give such additional
notice of the name change and the effective date thereof to such other
persons and in such manner as the president may deem necessary or
desirable.
Section 2. If the President of the Georgia Institute of Technol-
ogy exercises the authority provided by quoted Code Section 20-11-7
of Section 1 of this Act, then on the effective date of the change in the
name of the Engineering Experiment Station to the Georgia Tech
Research Institute, as shown on the notice sent to the Board of
Regents of the University System of Georgia and to the Secretary of
State as provided by said Code Section 20-11-7, the words Engineer-
ing Experiment Station shall be striken wherever the same appear in
Code Sections 20-11-1 through 20-11-6 of Chapter 11 of Title 20 of the
Official Code of Georgia Annotated and the words Georgia Tech
Research Institute shall be inserted in lieu of said striken words.
Section 3. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
GEORGIA LAWS 1984 SESSION
1677
Section 4. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
SPECIAL LICENSE PLATES COMMEMORATING
GEORGIA INSTITUTE OF TECHNOLOGY
CENTENNIAL AUTHORIZED.
Code Section 40-2-29.2 Enacted.
No. 1328 (House Bill No. 1512).
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 centennial of the founding of the Georgia
Institute of Technology; 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 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-
29.2 to read as follows:
40-2-29.2. (a) By an Act approved October 13, 1885 (Ga. L.
1885, p. 69) by Governor Henry McDaniel, a technological school
having been established as a department of the State University for
the education and training of students in the industrial and mechani-
cal arts, there shall be issued in 1985 special license plates to
commemorate the centennial of the founding of the Georgia Institute
of Technology.
1678
GENERAL ACTS AND RESOLUTIONS, VOL. I
(b) The commissioner shall prepare special distinctive license
plates of a design appropriate to commemorate the centennial of the
Georgia Institute of Technology. It shall not be a requirement that a
county name decal be affixed and displayed on license plates under
this Code section.
(c) In calendar year 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 1,1985, 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 December 31,
1989.
Section 2. This Act shall become effective upon its approval by
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 6,1984.
GEORGIA LAWS 1984 SESSION
1679
AUTOMOTIVE GASOLINE DISTRIBUTORS
UNLAWFUL, PREDATORY AND UNFAIR BUSINESS
PRACTICES.
Code Section 10-1-234 Amended.
No. 1329 (Senate Bill No. 344).
AN ACT
To amend Article 9 of Chapter 1 of Title 10 of the Official Code of
Georgia Annotated, relating to gasoline marketing practices, so as to
change Code Section 10-1-234 so as to make said Code section
conform to the Act from which it was codified as found in Ga. L. 1978,
p. 2249; to provide for the construction of a certain term; to provide
for applicability; to provide an effective date; to repeal conflicting
laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Article 9 of Chapter 1 of Title 10 of the Official Code
of Georgia Annotated, relating to gasoline marketing practices, is
amended by striking Code Section 10-1-234 in its entirety and
inserting in lieu thereof a new Code Section 10-1-234 to read as
follows:
10-1-234. It shall be an unlawful predatory and unfair business
practice for an automotive gasoline distributor who controls a pro-
duct supply, controls the price of that product and has the power to
require the purchase of that product by another automotive gasoline
distributor or an automotive gasoline dealer doing business in this
state to sell said product at prevailing automotive gasoline distributor
prices at any time to another automotive gasoline distributor for
resale to automotive gasoline dealers with the purpose or intent that
said product will be sold at retail by said automotive gasoline distrib-
utor and fails to offer its automotive gasoline dealers an opportunity
to purchase an equal volume of product upon the same terms and
conditions, excepting expenses for advertising, credit cards and other
expenses relative to its automotive gasoline dealers, when said auto-
motive gasoline distributor is selling said product at distress prices to
other automotive gasoline dealers in the dealers marketing area. As
1680
GENERAL ACTS AND RESOLUTIONS, VOL. I
used in this Code section, the term distress prices shall not be
construed to include or embrace a price established for the purpose of
meeting competition.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval; pro-
vided, however, that this Act shall not apply to or be deemed to affect
any cause of action pending on such effective date.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
HEALTH CARE PROVIDERS REQUIRED TO
FURNISH PATIENTS HEALTH RECORDS TO
PATIENT OR OTHER DESIGNATED RECIPIENT.
Code Title 31, Chapter 32 Enacted.
No. 1330 (Senate Bill No. 401).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated,
relating to health, so as to provide that a patient or any person or
entity designated by the patient may be provided with the patients
health records; to provide definitions; to provide conditions and
procedures; to provide exceptions; to provide for costs; to provide for
other rights; to provide for applicability; to provide that there shall be
no liability upon good faith compliance; to provide for construction;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
GEORGIA LAWS 1984 SESSION
1681
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 32 to read as follows:
CHAPTER 32
31-32-1. As used in this chapter, the term:
(1) Patient means any person who has received health care
services from a provider.
(2) Provider means all hospitals, including public, private,
osteopathic, and tuberculosis hospitals; other special care units,
including podiatric facilities, skilled nursing facilities, and kidney
disease treatment centers, including freestanding hemodialysis
units; intermediate care facilities; ambulatory surgical or obstet-
rical facilities; health maintenance organizations; and home
health agencies. It shall also mean any person licensed to practice
under Chapter 9,11,26,34,35, or 39 of Title 43.
(3) Record means a patients health record, including, but
not limited to, evaluations, diagnoses, prognoses, laboratory
reports, X-rays, prescriptions, and other technical information
used in assessing the patients condition, or the pertinent portion
of the record relating to a specific condition or a summary of the
record.
31-32-2. (a) Upon written request from the patient, the pro-
vider having custody and control of the patients record shall furnish
a complete and current copy of that record, in accordance with the
provisions of this Code section.
(b) Any record requested under subsection (a) of this Code
section shall be furnished to the patient, any other provider desig-
nated by the patient, or any other person designated by the patient.
(c) If the provider reasonably determines that disclosure of the
record to the patient will be detrimental to the physical or mental
health of the patient, the provider may refuse to furnish the record;
however, upon such refusal the patients record shall, upon written
request by the patient, be furnished to any other provider designated
by the patient.
1682
GENERAL ACTS AND RESOLUTIONS, VOL. I
31-32-3. (a) The party requesting the patients records shall be
responsible to the provider for the reasonable costs of copying and
mailing the patients record. Payment of such costs may be required
by the provider prior to the records being furnished. This subsection
shall not apply to records requested in order to make or complete an
application for a disability benefits program.
(b) The rights granted to a patient under this chapter are in
addition to any other rights a patient may have relating to access to
his records; however, nothing in this chapter shall be construed as
granting to a patient any right of ownership in the records, as such
records are owned by and are the property of the provider.
31-32-4. The provisions of this chapter shall not apply to psychi-
atric, psychological, or other mental health records of a patient.
31-32-5. Any provider releasing information in good faith pursu-
ant to the provisions of this chapter shall not be civilly or criminally
liable to the patient, guardian, parent, or any other person for such
release.
31-32-6. Nothing in this chapter shall be construed as destroying
or diminishing the privileged or confidential nature of any communi-
cation now or hereafter recognized by law.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
GEORGIA LAWS 1984 SESSION
1683
ALCOHOLIC BEVERAGES CERTAIN
MUNICIPALITIES AUTHORIZED TO PERMIT
SALE FOR CONSUMPTION ON PREMISES AT
CERTAIN TIMES REFERENDA.
Code Section 3-3-7 Amended.
No. 1331 (House Bill No. 828).
AN ACT
To amend Code Section 3-3-7 of the Official Code of Georgia
Annotated, relating to local authorization and regulation of sale of
alcoholic beverages on Sunday, so as to provide that the governing
authority of certain counties and municipalities may authorize the
sale of alcoholic beverages for consumption on the premises during a
certain period of time after 11:55 P.M. on Saturdays and in certain
eating establishments during a certain period of time on Sundays if
Sunday sales are approved by a referendum; to provide for limitations
and 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 3-3-7 of the Official Code of Georgia
Annotated, relating to local authorization and regulation of sale of
alcoholic beverages on Sunday, is amended by adding at the end
thereof a new subsection (1) to read as follows:
(1) (1) In each county having a population of more than
100,000 in any metropolitan statistical area having a population of
not less than 250,000 nor more than 1,000,000 according to the
United States decennial census of 1980 or any future such census
in which the sale of alcoholic beverages is lawful in such a county
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 by referendum as provided in paragraph (2) of
this subsection:
1684
GENERAL ACTS AND RESOLUTIONS, VOL. I
(A) At any time from 11:55 P.M. on Saturdays until
2:55 A.M. on Sundays; and
(B) In eating establishments which are located in the
unincorporated area of the county, in the case of the county,
or which are located in the corporate limits of the municipal-
ity, in the case of a municipality, on Sundays between the
hours of 12:30 P.M. and 12:00 Midnight. As used in this
subparagraph, 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.
(2) Any governing authority desiring to permit and regulate
Sunday sales pursuant to paragraph (1) of this subsection shall so
provide by proper resolution or ordinance. Not less than ten nor
more than 60 days after the date of approval of such resolution or
ordinance, it shall be the duty of the election superintendent of
the county or municipality to issue the call for an election for the
purpose of submitting the question of Sunday sales to the electors
of the county or municipality for approval or rejection. The
superintendent shall set the date of the election for a day not less
than 30 nor more than 60 days after the date of the issuance of the
call. The superintendent shall cause the date and purpose of the
election to be published 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 (name
( ) NO of municipality or county) be author-
ized to permit and regulate Sunday
sales of distilled spirits or alcoholic
beverages for beverage purposes by the
drink?
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,
GEORGIA LAWS 1984 SESSION
1685
the governing authority may by appropriate resolution or
ordinance permit and regulate Sunday sales by licensees.
The expense of the election shall be borne by the county or
municipality in which the election is held. It shall be the
duty of the superintendent to hold and conduct the elec-
tion. It shall be his further duty to certify the result thereof
to the Secretary of State.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
ALCOHOLIC BEVERAGES SUNDAY SALES FOR
ON-PREMISE CONSUMPTION AUTHORIZED
REFERENDA.
Code Section 3-3-7 Amended.
No. 1332 (Senate Bill No. 390).
AN ACT
To amend Chapter 3 of Title 3 of the Official Code of Georgia
Annotated, relating to the regulation of alcoholic beverages generally,
so as to provide for local authorization and regulation of sales of
alcoholic beverages on Sunday under certain conditions; to validate
certain prior authorizations for Sunday sales of alcoholic beverages;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
1686
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 1. Chapter 3 of Title 3 of the Official Code of Georgia
Annotated, relating to the regulation of alcoholic beverages generally,
is 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 (1) to read as follows:
(1) (1) Notwithstanding any other provisions of law, in all
counties or municipalities in which the sale of alcoholic beverages
is lawful for consumption on the premises, the governing authority
of the county or municipality may, by resolution or ordinance
conditioned on approval in a referendum, authorize the sale of
alcoholic beverages for consumption on the premises on Sundays
from 12:30 P.M. until 12:00 Midnight in any licensed establish-
ment which derives at least 50 percent of its total annual gross
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.
(2) Any governing authority desiring to permit and regulate
Sunday sales pursuant to this subsection, but only after a referen-
dum election, shall so provide by proper resolution or ordinance
conditioned on a referendum. Not less than ten nor more than 60
days after the date of approval of such resolution or ordinance, it
shall be the duty of the election superintendent of the county or
municipality to issue the call for an election for the purpose of
submitting the question of Sunday sales to the electors of the
county or municipality for approval or rejection. The superinten-
dent shall set the date of the election for a day not less than 30 nor
more than 60 days after the date of the issuance of the call. The
superintendent shall cause the date and purpose of the election to
be published 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 (name
( ) NO of municipality or county) be author-
ized to permit and regulate Sunday
GEORGIA LAWS 1984 SESSION
1687
sales of distilled spirits or alcoholic
beverages for beverage purposes by the
drink?
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 governing authority may by appropriate resolution or
ordinance permit and regulate Sunday sales by licensees.
Otherwise, such Sunday sales shall not be permitted. The
expense of the election shall be borne by the county or
municipality in which the election is held. It shall be the
duty of the superintendent to hold and conduct the elec-
tion. It shall be his further duty to certify the result thereof
to the Secretary of State.
(3) Notwithstanding this subsection or any other provision
of law, all county or municipal resolutions or ordinances enacted
prior to the effective date of this subsection pursuant to the
authorizations granted by subsections (a) through (k) of this Code
section are declared to be valid and shall remain in full force and
effect unless affirmatively repealed by the governing authority of
the county or municipality.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
1688
GENERAL ACTS AND RESOLUTIONS, VOL. I
ALCOHOLIC BEVERAGES SALE ON CERTAIN
DAYS PROHIBITED.
Code Section 3-3-20 Amended.
No. 1333 (Senate Bill No. 483).
AN ACT
To amend Code Section 3-3-20 of the Official Code of Georgia
Annotated, relating to the sale of alcoholic beverages on certain days,
so as to prohibit the sale or offer of sale of alcoholic beverages on
Sundays and election days; to authorize certain local governments to
authorize the sale or offer of sale of alcoholic beverages on local
election days; to provide definitions; to provide exceptions; to amend
Chapter 2 of Title 21 of the Official Code of Georgia Annotated,
relating to elections and primaries generally, so as to delete certain
provisions relating to the sale of alcoholic beverages on election days;
to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 3-3-20 of the Official Code of Georgia
Annotated, relating to the sale of alcoholic beverages on certain days,
is amended by striking in its entirety said Code section which reads as
follows:
3-3-20. (a) Except as specifically authorized by law, no person
knowingly and intentionally shall sell or offer to sell alcoholic bever-
ages on:
(1) Sunday; or
(2) An election day. As used in this paragraph, the term
election day means that period of time beginning with the
opening of the polls and ending with the closing of the polls. The
prohibition of this Code section relative to election days applies
only within the territorial boundaries for which the election is
being held and, for the purposes of such prohibition, such territo-
rial boundaries shall not include any property owned or operated
by a county, municipality, or other political subdivision of this
GEORGIA LAWS 1984 SESSION
1689
state for airport purposes, if no person resides on such publicly
owned or operated property. As used in this paragraph, the term
election means any state-wide primary election and the state-
wide general election and any runoff held for any such election.
Except as provided in this paragraph, in all counties of this state
having a population of 35,000 or more according to the United
States decennial census of 1980 or any future such census the local
governing authorities of such counties and the local governing
authorities of municipalities located in such counties may deter-
mine by local ordinance, resolution, or referendum whether such
sales shall be permitted on local election days; provided, however,
that this paragraph shall not apply to any governing authority
which has not authorized the sale of alcoholic beverages.
(b) The governing authority of any county or municipality may,
by ordinance or resolution, prohibit the sale of alcoholic beverages on
Christmas Day.,
and inserting in lieu thereof a new Code Section 3-3-20 to read as
follows:
3-3-20. (a) Except as specifically authorized by law, no person
knowingly and intentionally shall sell or offer to sell alcoholic bever-
ages on Sunday.
(b) (1) As used in this subsection, the term:
(A) Day means that period of time beginning with the
opening of the polls and ending with the closing of the polls.
(B) Local election means any election which is not a
state-wide primary or state-wide general election or a runoff
held for such primary or general election.
(2) (A) Except as provided in subparagraph (B) of this
paragraph, no person knowingly and intentionally shall sell or
offer to sell alcoholic beverages on any election day. The
prohibition of this subsection shall apply only within the
territorial boundaries for which the election is held but such
territorial boundaries shall not include any property owned or
operated by a county, municipality, or other political subdivi-
sion of this state for airport purposes if no person resides on
such publicly owned or operated property.
1690
GENERAL ACTS AND RESOLUTIONS, VOL. I
(B) The local governing authority of any county in
which the sale of alcoholic beverages is authorized and the
local governing authority of any municipality in which the
sale of alcoholic beverages is authorized may, by ordinance,
resolution, or referendum, authorize the sale of alcoholic
beverages on local election days.
(c) The governing authority of any county or municipality may,
by ordinance or resolution, prohibit the sale of alcoholic beverages on
Christmas Day.
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to elections and primaries generally, is amended
by striking in its entirety Code Section 21-2-595 which reads as
follows:
21-2-595. Any person who shall sell or buy or offer for sale any
alcoholic beverages on primary or election days shall be guilty of a
misdemeanor.,
and inserting in lieu thereof a new Code Section 21-2-595 which reads
as follows:
21-2-595. Reserved.
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
GEORGIA LAWS 1984 SESSION
1691
ALCOHOLIC BEVERAGES ilSALES ON SUNDAYS
IN PUBLIC STADIUMS, ETC. PROVISIONS
CHANGED.
Code Section 3-3-7 Amended.
No. 1334 (Senate Bill No. 469).
AN ACT
To amend Code Section 3-3-7 of the Official Code of Georgia
Annotated, relating to local authorization and regulation of sales of
alcoholic beverages on Sunday, so as to change the provisions relating
to the sale of alcoholic beverages on Sunday in public stadiums,
coliseums, and auditoriums, in certain counties and municipalities; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Code Section 3-3-7 of the Official Code of Georgia
Annotated, relating to local authorization and regulation of sales of
alcoholic beverages on Sunday, is amended by striking paragraph (2)
of subsection (b) in its entirety and substituting in lieu thereof a new
paragraph (2) to read as follows:
(2) Alcoholic beverages may be sold on Sundays between the
hours of 12:30 P.M. and 12:00 Midnight in public stadiums,
coliseums, and auditoriums with a seating capacity in excess of 3,500
persons and in eating establishments. As used in this paragraph, the
term eating establishment means an establishment which is licensed
to sell distilled spirits, malt beverages, or wines and which derives at
least 50 percent of its total annual gross food and beverage sales from
the sale of prepared meals or food.
Section 2. This Act shall become effective upon its approval by
the Governor or upon its becoming law without his approval.
1692
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
EDUCATION B HEALTH INSURANCE PLAN FOR
PUBLIC SCHOOL EMPLOYEES PROVISIONS
RELATING TO CONTRIBUTIONS CHANGED.
Code Title 20, Chapter 2 Amended.
No. 1335 (Senate Bill No. 175).
AN ACT
To amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20
of the Official Code of Georgia Annotated, relating to the health
insurance plan for public school employees, so as to change the
provisions relating to contributions to the health insurance plan; to
change the provisions relative to commencement dates for the health
insurance plan and employee participation; to repeal conflicting laws;
and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title
20 of the Official Code of Georgia Annotated, relating to the health
insurance plan for public school employees, is amended by striking
Code Section 20-2-920, relating to contributions to the health insur-
ance plan, in its entirety and substituting in lieu thereof a new Code
Section 20-2-920 to read as follows:
20-2-920. (a) During any period in which an employee is
covered under the health insurance plan authorized by this subpart
prior to the date of the employees retirement, there shall be withheld
GEORGIA LAWS 1984 SESSION
1693
from each salary payment of such employee, as the employees share
of the cost of coverage under this plan, such portion of the premium or
subscription charges under the terms of any contract or contracts
issued in accordance with this subpart as may be established by the
board. During any month in which benefits are being paid by a public
school employees retirement system to an individual so covered
under this program, contributions shall be deducted from such pay-
ments in the amounts prescribed by the board with the consent of the
recipient.
(b) The Department of Education and local school systems 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 contributions consistent with other health insurance plans
administered by the board.
(c) If a local school system elects not to participate in the health
insurance plan, the board may establish regulations by which the
employees of such local school system may enroll as a group, provided
an adequate participation percentage is maintained to assure a sound
policy of shared risk.
Section 2. Said subpart is further amended by striking Code
Section 20-2-922, relating to commencement dates and employee
contributions, in its entirety and substituting in lieu thereof a new
Code Section 20-2-922 to read as follows:
20-2-922. (a) On a date as soon as practicable, as determined
by the board, which is defined as the employer commencement date,
the commissioner shall notify the State School Superintendent and
local school superintendents that the employer payments shall com-
mence on such date. The Superintendent shall notify the employees
that employee payments will commence on a date following the
employer commencement date, which will be determined by the
board. The date as established by the board with reference to the
employee payments is defined as the employee commencement date.
(b) Any employee who is otherwise eligible in accordance with
rules and regulations of the board shall have an option to elect
coverage in this program, and, in the event an employee rejects
coverage, such employee shall be authorized to obtain coverage at a
later date upon compliance with the rules and regulations promul-
gated by the board relative thereto.
1694
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 3. All laws and parts of laws in conflict with this Act are
repealed.
Approved April 6,1984.
RESOURCE RECOVERY DEVELOPMENT AUTHORITIES
LAW GRANTING OF EXCLUSIVE RIGHTS TO
CERTAIN PARTIES TO RESOURCE RECOVERY
FUNCTIONS, ETC.
Code Title 36, Chapter 63 Amended.
No. 1336 (Senate Bill No. 513).
AN ACT
To amend Chapter 63 of Title 36 of the Official Code of Georgia
Annotated, known as the Resource Recovery Development Authori-
ties Law, so as to authorize the granting of exclusive rights to certain
parties with respect to functions relating to resource recovery; to
exempt materials separated for recycling; to authorize the establish-
ment of joint authorities by two or more counties and municipal
corporations not located in the same 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. Chapter 63 of Title 36 of the Official Code of Georgia
Annotated, known as the Resource Recovery Development Authori-
ties Law, is amended by striking Code Section 36-63-2, relating to
purposes, in its entirety and inserting in lieu thereof a new Code
Section 36-63-2 to read as follows:
36-63-2. (a) The recovery and utilization of resources con-
tained in sewage sludge and solid waste and the generation of
electrical and other forms of energy from water resources promotes
GEORGIA LAWS 1984 SESSION
1695
trade, commerce, industry, and employment opportunities by creat-
ing 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 disposing of sewage 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 the State of Georgia, and it
is declared to be the purpose of this chapter, to create resource
recovery development authorities to recover and utilize resources
contained in sewage sludge, solid waste, and water resources. It is
likewise 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 intent of
this chapter to preserve and do nothing to interfere with the practice
of recycling solid waste for use again by industry and the public
thereby preserving and reusing important natural and other
resources, except as specifically provided for in this chapter.
(b) It is the clearly articulated and affirmatively expressed
policy of the State of Georgia that any resource recovery development
authority, other authority, municipal corporation, county, other gov-
ernmental body or agency, or private party shall be authorized, with
respect to any solid waste, sewage sludge, or resources contained
therein which the owner or generator thereof makes available to such
resource recovery development authority, other authority, municipal
corporation, county, or other governmental body or agency or private
party to enter into agreements or in the case of a county or municipal
corporation to enact ordinances or resolutions in furtherance of a
project granting, directing, or providing for an exclusive right or
rights in any of the foregoing parties with respect to such solid waste,
sewage sludge, or resources contained therein, including, but not
limited to, the exclusive right to collect, acquire, receive, transport,
store, treat, process, utilize, sell, or dispose of discarded solid waste,
sewage sludge, or resources contained therein; provided, however,
excluded from such authorization shall be any rights to materials or
substances contained in such solid waste, sewage sludge, or resources
contained therein as may be separated for recycling at any time prior
to pick up by or delivery to such resource recovery development
authority, other authority, municipal corporation, county, or other
governmental body or agency or private party of such discarded solid
waste, sewage sludge, or resources contained therein.
1696
GENERAL ACTS AND RESOLUTIONS, VOL. I
Section 2. Said chapter is further amended by striking subsec-
tion (b) of Code Section 36-63-5, relating to the creation of resource
recovery development authorities, in its entirety and inserting in lieu
thereof a new subsection (b) to read as follows:
(b) Any number of counties and municipal corporations,
whether or not located in the same county or within a county
participating in the formation of a joint authority, may jointly form
an authority, to be known as the joint resource recovery development
authority for such counties and municipal corporations. No authority
shall transact any business or exercise any powers under this chapter
until the governing authorities of the units of local government
involved declare, by ordinance or resolution, that there is a need for
an authority to function and until the governing authorities authorize
the chief elected official of the unit of local government to enter into
an agreement with the other units of local government for the
activation of an authority and such agreement is executed.
Section 3. Said chapter is further amended by striking subsec-
tion (b) of Code Section 36-63-11, relating to the construction of said
chapter generally, and inserting in lieu thereof a new subsection (b) to
read as follows:
(b) A municipal corporation, a county, or any number of coun-
ties and municipal corporations shall have the right to activate an
authority under this chapter, notwithstanding the existence of any
other development authority within the county or municipal corpora-
tion created pursuant to any general law or amendment to the
Constitution of this state. However, nothing in this chapter shall be
construed as repealing, amending, superseding, or altering the organi-
zation of or abridging the powers of such authorities as are now in
existence.
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 6,1984.
GEORGIA LAWS 1984 SESSION
1697
JURIES ^PROVISIONS RELATING TO
EXEMPTIONS FROM JURY DUTY AMENDED.
Code Title 15, Chapter 12 Amended.
No. 1337 (House Bill No. 1230).
AN ACT
To amend Chapter 12 of Title 15 of the Official Code of Georgia
Annotated, relating to juries, so as to change the provisions relating to
exemptions from jury duty; to repeal a specific Code section relating
to exemptions from jury duty in counties which have established a
plan for electronic or mechanical' selection of jurors; 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 12 of Title 15 of the Official Code of Georgia
Annotated, relating to juries, is amended by striking in its entirety
Code Section 15-12-1, which reads as follows:
15-12-1. (a) The following persons are exempt from all jury
duty, civil or criminal; the name of any such person shall not be
included or continued in the jury box unless the person makes a
request therefor in writing to the board of jury commissioners or its
clerk:
(1) Police and other law enforcement officers employed or
appointed on a full-time basis but not part-time or honorary peace
officers;
(2) Officers and personnel of any court employed or
appointed on a full-time basis, including attorneys at law who are
active members of the State Bar of Georgia and are regularly
engaged in the practice of law in this state;
(3) Officers, firemen, and other personnel of any fire depart-
ment who are employed or appointed on a full-time- basis and
those members of a volunteer fire department who are certified to
the board of jury commissioners by the administrative head
thereof as indispensable to the effective operation of such depart-
ment;
1698
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Physicians, surgeons, medical interns, and medical tech-
nicians actively engaged as such and other personnel of a hospital
who are certified to the board of jury commissioners by the
administrative head thereof as indispensable to the effective
operation of such hospital; and
(5) Dentists and pharmacists, duly licensed, who are
actively engaged in the practice of their profession.
(b) Any other person who shows that he will be engaged during
his term of required service in work necessary to the public health,
safety, or good order or that she is a housewife with children 14 years
of age or younger may be excused by the judge of the court to which he
or she has been summoned or by some other person who has been duly
appointed by order of the chief judge to excuse jurors. Such a person
may exercise such authority only after the establishment by court
order of guidelines governing excuses. Any order of appointment shall
provide that, except for permanently mentally or physically disabled
persons, all excuses shall be deferred to a date and time certain within
that term or the next succeeding term or shall be deferred as set forth
in the court order.
(c) The exemption under this Code section shall not apply to
attorneys at law or physicians summoned to serve on commissions or
juries pursuant to any of the provisions of Title 37.
(d) Any teacher or principal of this state who does not desire to
serve upon juries shall notify the jury commissioners of the county in
which he resides in writing to that effect; thereupon the jury commis-
sioners shall not place the name of the teacher or principal in the jury
box for the county.
(e) Any person who is 65 years of age or older who desires to
serve upon juries shall notify the jury commissioners of the county in
which the person resides in writing to that effect, and thereupon the
jury commissioners shall place the name of the person in the jury box
for the county.,
and inserting in lieu thereof a new Code Section 15-12-1 to read as
follows:
15-12-1. Any person who shows that he will be engaged during
his term of jury duty in work necessary to the public health, safety, or
GEORGIA LAWS 1984 SESSION
1699
good order or who shows other good cause why he should be exempt
from jury duty may be excused by the judge of the court to which he
or she has been summoned or by some other person who has been duly
appointed by order of the chief judge to excuse jurors. Such a person
may exercise such authority only after the establishment by court
order of guidelines governing excuses. Any order of appointment shall
provide that, except for permanently mentally or physically disabled
persons, all excuses shall be deferred to a date and time certain within
that term or the next succeeding term or shall be deferred as set forth
in the court order.
Section 2. Said chapter is further amended by striking in its
entirety Code Section 15-12-1.1, which reads as follows:
15-12-1.1. (a) In any county for which a plan for the selection
of jurors by electronic or mechanical means has been established
pursuant to Code Section 15-12-42, the chief judge of the superior
court of the county may by rule direct that this Code section shall
apply to the county in lieu of subsections (a), (d), and (e) of Code
Section 15-12-1.
(b) The names of the following persons shall remain on the jury
list, provided that they may exempt themselves from all civil or
criminal jury duty upon written request to the clerk of the court:
(1) Police and other law enforcement officers employed or
appointed on a full-time basis, but not part-time or honorary
peace officers;
(2) Officers and personnel of any court employed or
appointed on a full-time basis, including attorneys at law who are
active members of the State Bar of Georgia and who are regularly
engaged in the practice of law in this state;
(3) Officers, firemen, and other personnel of any fire depart-
ment who are employed or appointed on a full-time basis, except
that the exemption under this Code section shall also apply to
those members of a volunteer fire department who are certified to
the board of jury commissioners by the administrative head of the
volunteer fire department as indispensable to the effective opera-
tion of the department;
1700
GENERAL ACTS AND RESOLUTIONS, VOL. I
(4) Physicians, surgeons, medical interns, and medical tech-
nicians actively engaged as such, except that the exemption under
this Code section shall also apply to other personnel of a hospital
who are certified to the board of jury commissioners by the
administrative head of the hospital as indispensable to the effec-
tive operation of the hospital;
(5) Dentists and pharmacists who are duly licensed and who
are actively engaged in the practice of their profession;
(6) Teachers and principals; and
(7) Persons 65 years of age or older.
(c) Each summons to jury duty shall contain or be accompanied
by a notice setting out the provisions of subsection (b) of this Code
section.
Section 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 April 6,1984.
GEORGIA LAWS 1984 SESSION
1701
RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
1984
PROPOSING AMENDMENTS
TO THE
CONSTITUTION OF GEORGIA








GEORGIA LAWS 1984 SESSION
1703
CREATION OF COMMUNITY IMPROVEMENT
DISTRICTS.
Proposed Amendment to the Constitution.
No. 68 (House Resolution No. 733).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the creation of community improvement districts for the purpose of
providing governmental services; to provide for the submission of this
amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX of the Constitution is amended by adding
at the end thereof a new Section VII to read as follows:
SECTION VII
COMMUNITY IMPROVEMENT DISTRICTS
Paragraph I. Creation. The General Assembly may by local law
create one or more community improvement districts for any county
or municipality or provide for the creation of one or more community
improvement districts by any county or municipality.
Paragraph II. Purposes. The purpose of a community improve-
ment district shall be the provision of any one or more of the following
governmental services and facilities:
(1) Street and road construction and maintenance, includ-
ing curbs, sidewalks, street lights, and devices to control the flow
of traffic on streets and roads.
(2) Parks and recreational areas and facilities.
(3) Storm water and sewage collection and disposal systems.
(4) Development, storage, treatment, purification, and dis-
tribution of water.
1704
GENERAL ACTS AND RESOLUTIONS, VOL. I
(5) Public transportation.
(6) Terminal and dock facilities and parking facilities.
(7) Such other services and facilities as may be provided for
by general law.
Paragraph III. Administration, (a) Any law creating or
providing for the creation of a community improvement district shall
designate the governing authority of the municipality or county for
which the community improvement district is created as the adminis-
trative body or otherwise shall provide for the establishment and
membership of an administrative body for the community improve-
ment district. Any such law creating or providing for the creation of
an administrative body for the community improvement district
other than the municipal or county governing authority shall provide
for representation of the governing authority of each county and
municipality within which the community improvement district is
wholly or partially located on the administrative body of the commu-
nity improvement district.
(b) Any law creating or providing for the creation of a commu-
nity improvement district shall provide that the creation of the
community improvement district shall be conditioned upon:
(1) The adoption of a resolution consenting to the creation
of the community improvement district by:
(A) The governing authority of the county if the com-
munity improvement district is located wholly within the
unincorporated area of a county;
(B) The governing authority of the municipality if the
community improvement district is located wholly within the
incorporated area of a municipality; or
(C) The governing authorities of the county and the
municipality if the community improvement district is
located partially within the unincorporated area of a county
and partially within the incorporated area of a municipality;
and
GEORGIA LAWS 1984 SESSION
1705
(2) Written consent to the creation of the community
improvement district by:
(A) A majority of the owners of real property within the
community improvement district which will be subject to
taxes, fees, and assessments levied by the administrative body
of the community improvement district; and
(B) The owners of real property within the community
improvement district which constitutes at least 75 percent by
value of all real property within the community improvement
district which will be subject to taxes, fees, and assessments
levied by the administrative body of the community improve-
ment district; and for this purpose value shall be determined
by the most recent approved county ad valorem tax digest.
(c) The administrative body of each community improvement
district may be authorized to levy taxes, fees, and assessments within
the community improvement district only on real property used
nonresidentially, specifically excluding all property used for residen-
tial, agricultural, or forestry purposes and specifically excluding
tangible personal property and intangible property. Any tax, fee, or
assessment so levied shall not exceed 2 1/2 percent of the assessed
value of the real property or such lower limit as may be established by
law. The law creating or providing for the creation of a community
improvement district shall provide that taxes, fees, and assessments
levied by the administrative body of the community improvement
district shall be equitably apportioned among the properties subject
to such taxes, fees, and assessments according to the need for govern-
mental services and facilities created by the degree of density of
development of each such property. The law creating or providing for
the creation of a community improvement district shall provide that
the proceeds of taxes, fees, and assessments levied by the administra-
tive body of the community improvement district shall be used only
for the purpose of providing governmental services and facilities
which are specially required by the degree of density of development
within the community improvement district and not for the purpose
of providing those governmental services and facilities provided to
the county or municipality as a whole. Any tax, fee, or assessment so
levied shall be collected by the county or municipality for which the
community improvement district is created in the same manner as
taxes, fees, and assessments levied by such county or municipality.
The proceeds of taxes, fees, and assessments so levied, less such fee to
1706
GENERAL ACTS AND RESOLUTIONS, VOL. I
cover the costs of collection as may be specified by law, shall be
transmitted by the collecting county or municipality to the adminis-
trative body of the community improvement district and shall be
expended by the administrative body of the community improvement
district only for the purposes authorized by this Section.
Paragraph IV. Debt. The administrative body of a community
improvement district may incur debt, as authorized by law, without
regard to the requirements of Section V of this Article, which debt
shall be backed by the full faith, credit, and taxing power of the
community improvement district but shall not be an obligation of the
State of Georgia or any other unit of government of the State of
Georgia other than the community improvement district.
Paragraph V. Cooperation with local governments. The
services and facilities provided pursuant to this Section shall be
provided for in a cooperation agreement executed jointly by the
administrative body and the governing authority of the county or
municipality for which the community improvement district is cre-
ated. The provisions of this section shall in no way limit the authority
of any county or municipality to provide services or facilities within
any community improvement district; and any county or municipal-
ity shall retain full and complete authority and control over any of its
facilities located within a community improvement district. Said
control shall include but not be limited to the modification of, access
to, and degree and type of services provided through or by facilities of
the municipality or county. Nothing contained in this Section shall
be construed to limit or preempt the application of any governmental
laws, ordinances, resolutions, or regulations to any community
improvement district or the services or facilities provided therein.
Paragraph VI. Regulation by general law. The General
Assembly by general law may regulate, restrict, and limit the creation
of community improvement districts and the exercise of the powers of
administrative bodies of community improvement districts.
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:
GEORGIA LAWS 1984 SESSION
1707
( ) YES Shall the Constitution be amended so
( ) NO as to authorize the creation of com-
munity improvement districts for the
purpose of providing governmental
services?
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 28,1984.
DISABLED VETERANS HOMESTEAD EXEMPTION.
Proposed Amendment to the Constitution.
No. 71 (House Resolution No. 185).
A RESOLUTION
Proposing an amendment to the Constitution, so as to change the
amount of and eligibility for the homestead exemption granted to
disabled veterans and provide a method of changing this amount and
eligibility in the future; to provide for the submission of this amend-
ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section II of the Constitution is amended
by adding a new Paragraph V to read as follows:
1708
GENERAL ACTS AND RESOLUTIONS, VOL. I
Paragraph V. Disabled veterans homestead exemption.
Except as otherwise provided in this paragraph, the amount of the
homestead exemption granted to disabled veterans shall be the
greater of $32,500.00 or the maximum amount which may be granted
to a disabled veteran under Section 802 of Title 38 of the United
States Code as hereafter amended. Such exemption shall be granted
to: those persons eligible for such exemption on June 30, 1983; to
disabled American veterans of any war or armed conflict who are
disabled due to loss or loss of use of one lower extremity together with
the loss or loss of use of one upper extremity which so affects the
functions of balance or propulsion as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair; and to disabled
veterans hereafter becoming eligible for assistance in acquiring hous-
ing under Section 801 of the United States Code as hereafter
amended. The General Assembly may by general law provide for a
different amount or a different method of determining the amount of
or eligibility for the homestead exemption granted to disabled veter-
ans. Any such law shall be enacted by a simple majority of the votes of
all the members to which each house is entitled and may become
effective without referendum. Such law may provide that the amount
of or eligibility for the exemption shall be determined by reference to
laws enacted by the United States Congress.
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 change the amount of and eligi-
bility for the homestead exemption
granted to disabled veterans and pro-
vide a method of changing this
amount and eligibility in the future?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
GEORGIA LAWS 1984 SESSION
1709
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 28,1984.
REFERENDUM APPROVING LOCAL LAWS
AUTHORIZING EXERCISE OF ADDITIONAL
REDEVELOPMENT POWERS.
Proposed Amendment to the Constitution.
No. 72 (House Resolution No. 444).
A RESOLUTION
Proposing an amendment to the Constitution so as to require that
a local law which authorizes the exercise of additional redevelopment
powers by counties and municipalities be approved in a referendum
by a majority of the qualified voters voting thereon in the county or
municipality affected; to provide for the submission of this amend-
ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article IX, Section II, Paragraph VII of the Constitu-
tion is amended by striking subsection (b) thereof and inserting in its
place a new subsection (b) to read as follows:
(b) In addition to the authority granted by subparagraph (a) of
this Paragraph, the General Assembly is authorized to grant to
counties or municipalities for redevelopment purposes and in connec-
tion with redevelopment programs, as such purposes and programs
are defined by general law, the power to issue tax allocation bonds, as
defined by such law, and the power to incur other obligations, without
1710
GENERAL ACTS AND RESOLUTIONS, VOL. I
either such bonds or obligations constituting debt within the meaning
of Section V of this article, and the power to enter into contracts for
any period not exceeding 30 years with private persons, firms, corpo-
rations, and business entities. Notwithstanding the grant of these
powers pursuant to general law, no county or municipality may
exercise these powers unless so authorized by local law and unless
such powers are exercised in conformity with those terms and condi-
tions for such exercise as established by that local law. The provisions
of any such local law shall conform to those requirements established
by general law regarding such powers. No such local law, or any
amendment thereto, shall become effective unless approved in a
referendum by a majority of the qualified voters voting thereon in the
county or municipality directly affected by that local 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 require that a local law which
authorizes the exercise of additional
redevelopment powers by counties
and municipalities be approved in a
referendum by a majority of the qual-
ified voters voting thereon in the
county or municipality affected?
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 28,1984.
GEORGIA LAWS 1984 SESSION
1711
CLASSES OF PERSONS ENTITLED TO
PREFERENTIAL ASSESSMENT OF LAND DEVOTED
TO AGRICULTURE.
Proposed Amendment to the Constitution.
No. 80 (House Resolution No. 589).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
property qualifying for preferential assessment which is devoted to
bona fide agricultural purposes may be owned by an estate of which
the devisees or heirs are one or more natural or naturalized citizens or
by a trust of which the beneficiaries are one or more natural or
naturalized citizens; to provide for the submission of this amendment
for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitu-
tion is amended by striking (c)(1) of said paragraph and inserting in
lieu thereof a new (c)(1) to read as follows:
(1) The property must be owned by:
(A) (i) One or more natural or naturalized citizens;
(ii) An estate of which the devisee or heirs are one or
more natural or naturalized citizens; or
(iii) A trust of which the beneficiaries are one or more
natural or naturalized citizens; or
(B) A family-owned farm corporation, the controlling inter-
est of which is owned by individuals related to each other within
the fourth degree of civil reckoning, or which is owned by an estate
of which the devisee or heirs are one or more natural or naturalized
citizens, or which is owned by a trust of which the beneficiaries are
one or more natural or naturalized citizens, and such corporation
derived 80 percent or more of its gross income from bona fide
1712
GENERAL ACTS AND RESOLUTIONS, VOL. I
agricultural pursuits within this state within the year immediately
preceding the year in which eligibility is sought.
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 property qualifying
for preferential assessment which is
devoted to bona fide agricultural pur-
poses may be owned by an estate of
which the devisees or heirs are one or
more natural or naturalized citizens or
by a trust of which the beneficiaries
are one or more natural or naturalized
citizens?
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 29,1984.
GEORGIA LAWS 1984 SESSION
1713
GENERAL OBLIGATION DEBT FOR LIBRARY
FACILITIES, ETC.
Proposed Amendment to the Constitution.
No. 83 (Senate Resolution No. 300).
A RESOLUTION
Proposing an amendment to the Constitution to authorize general
obligation debt to be incurred to provide public library facilities for
county and independent school systems or for counties, municipali-
ties, or boards of trustees of public libraries or public library systems;
to provide for the submission of this amendment for ratification or
rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitu-
tion is amended by striking subparagraph (d) of said Paragraph I,
which reads as follows:
(d) General obligation debt to provide educational facilities for
county and independent school systems and, when the construction
of such educational facilities has been completed, the title to such
educational facilities shall be vested in the respective local boards of
education for which such facilities were constructed.,
in its entirety and substituting in lieu thereof a new subparagraph (d)
to read as follows:
(d) General obligation debt to provide educational facilities for
county and independent school systems and to provide public library
facilities for county and independent school systems, counties, muni-
cipalities, and boards of trustees of public libraries or boards of
trustees of public library systems, and, when the construction of such
educational or library facilities has been completed, the title to such
facilities shall be vested in the respective local boards of education,
counties, municipalities, or public library boards of trustees for which
such facilities were constructed.
1714
GENERAL ACTS AND RESOLUTIONS, VOL. I
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 to
( ) NO authorize general obligation debt to
be incurred to provide public library
facilities for county and independent
school systems or for counties, munic-
ipalities, or boards of trustees of pub-
lic libraries or public library sys-
tems?
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 29,1984.
PAYMENT OF RETIREMENT BENEFITS BASED ON
INVOLUNTARY SEPARATION TO ANY GOVERNOR
EXCEPT IN CASES OF MEDICAL DISABILITY
PROHIBITED.
Proposed Amendment to the Constitution.
No. 84 (Senate Resolution No. 307).
A RESOLUTION
Proposing an amendment to the Constitution so as to prohibit the
GEORGIA LAWS 1984 SESSION
1715
payment of retirement benefits based on involuntary separation from
employment to any past, present, or future Governor of the State of
Georgia as a result of ceasing to hold office as Governor for any
reason, except for medical disability; 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 III, Section X of the Constitution is amended
by adding immediately following Paragraph V a new Paragraph V-A
to read as follows:
Paragraph V-A. Limitation on involuntary separation benefits
for Governor of the State of Georgia. Any other provisions of this
Constitution to the contrary notwithstanding, no past, present, or
future Governor of the State of Georgia who ceases or ceased to hold
office as Governor for any reason, except for medical disability, shall
receive a retirement benefit based on involuntary separation from
employment as a result of ceasing to hold office as Governor. The
provisions of any law in conflict with this Paragraph are null and void
effective January 1,1985.
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 prohibit the payment of retire-
ment benefits based on involuntary
separation from employment to any
past, present, or future Governor of
the State of Georgia as a result of
ceasing to hold office as Governor for
any reason, except for medical disabil-
ity?
1716
GENERAL ACTS AND RESOLUTIONS, VOL. I
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
Approved March 29,1984.
APPOINTMENT OF THE STATE SCHOOL
SUPERINTENDENT.
Proposed Amendment to the Constitution.
No. 85 (House Resolution No. 505).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for
the appointment of the State School Superintendent and to provide
for the superintendent in office on January 1, 1985, and for other
matters relative thereto; to provide for the submission of this amend-
ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article V, Section II, Paragraph VIII of the Consti-
tution is amended by striking subparagraph (b) in its entirety and
inserting in lieu thereof a new subparagraph (b) to read as follows:
(b) In case of the death or withdrawal of a person who received
a majority of votes cast in an election for the office of Secretary of
State, Attorney General, Commissioner of Insurance, Commissioner
of Agriculture, or Commissioner of Labor, the Governor elected at the
GEORGIA LAWS 1984 SESSION
1717
same election, upon becoming Governor, shall have the power to fill
such office by appointing, subject to the confirmation of the Senate,
an individual to serve until the next general election and until a
successor for the balance of the unexpired term shall have been
elected and qualified.
Section 2. Article V, Section III, Paragraph I of the Constitu-
tion is amended by striking said Paragraph in its entirety and
inserting in lieu thereof a new Paragraph I to read as follows:
Paragraph I. Other executive officers, how elected. The
Secretary of State, Attorney General, Commissioner of Insurance,
Commissioner of Agriculture, and Commissioner of Labor shall be
elected in the manner prescribed for the election of members of the
General Assembly and the electors shall be the same. Such executive
officers shall be elected at the same time and hold their offices for the
same term as the Governor.
Section 3. Article V, Section IV, Paragraph I of the Constitu-
tion is amended by striking said Paragraph in its entirety and
inserting in lieu thereof a new Paragraph I to read as follows:
Paragraph I. Elected constitutional executive officer,
how defined. As used in this section, the term elected constitu-
tional executive officer means the Governor, the Lieutenant Gover-
nor, the Secretary of State, the Attorney General, the Commissioner
of Insurance, the Commissioner of Agriculture, and the Commis-
sioner of Labor.
Section 4. Article VIII, Section III, Paragraph I of the Constitu-
tion is amended by striking said Paragraph in its entirety which reads
as follows:
Paragraph I. State School Superintendent. There shall be
a State School Superintendent, who shall be the executive officer of
the State Board of Education, elected at the same time and in the
same manner and for the same term as that of the Governor. The
State School Superintendent shall have such qualifications and shall
be paid such compensation as may be fixed by law. No member of the
State Board of Education shall be eligible for election as State School
Superintendent during the time for which such member shall have
been appointed.,
1718
GENERAL ACTS AND RESOLUTIONS, VOL. I
and inserting in lieu thereof a new Paragraph I to read as follows:
Paragraph I. State School Superintendent. There shall be
a State School Superintendent, who shall be the executive officer of
the State Board of Education. The superintendent in office on
January 1,1985, shall continue to serve the remainder of the term to
which he was elected. Thereafter, the State School Superintendent
shall be appointed by the State Board of Education. The State School
Superintendent shall have such qualifications and shall be paid such
compensation as may be fixed by law. No member of the State Board
of Education shall be eligible for appointment as State School Super-
intendent during the time for which such member shall have been
appointed.
Section 5. 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 authorize the State Board of Ed-
ucation to appoint the State School
Superintendent?
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 April 3,1984.
GEORGIA LAWS 1984 SESSION
1719
SUSPENSION OF CERTAIN PUBLIC OFFICIALS
UPON BEING INDICTED FOR A FELONY.
Proposed Amendment to the Constitution.
No. 87 (Senate Resolution No. 268).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
certain public officials may be suspended from office upon being
indicted for a felony and may be removed from office upon being
convicted of a felony in this state, in any other state, or in the United
States and to provide for procedures and other matters related
thereto; to provide for submission of this amendment for ratification
or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article II of the Constitution is amended by adding at
the end thereof a new Section III to read as follows:
SECTION III.
SUSPENSION AND REMOVAL
OF PUBLIC OFFICIALS
Paragraph I. Procedures for and effect of suspending or
removing public officials upon felony indictment, (a) As
used in this Paragraph, the term public official means the Governor,
the Lieutenant Governor, the Secretary of State, the Attorney Gen-
eral, the State School Superintendent, the Commissioner of Insur-
ance, the Commissioner of Agriculture, the Commissioner of Labor,
and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state,
which felony indictment relates to the performance or activities of the
office of any public official, the Attorney General or district attorney
shall transmit a certified copy of the indictment to the Governor or, if
the indicted public official is the Governor, to the Lieutenant Gover-
nor who shall, subject to subparagraph (d) of this Paragraph, appoint
a review commission. If the indicted public official is the Governor,
1720
GENERAL ACTS AND RESOLUTIONS, VOL. I
the commission shall be composed of the Attorney General, the
Secretary of State, the State School Superintendent, the Commis-
sioner of Insurance, the Commissioner of Agriculture, and the Com-
missioner of Labor. If the indicted public official is the Attorney
General, the commission shall be composed of three other public
officials who are not members of the General Assembly. If the
indicted public official is not the Governor, the Attorney General, or a
member of the General Assembly, the commission shall be composed
of the Attorney General and two other public officials who are not
members of the General Assembly. If the indicted public official is a
member of the General Assembly, the commission shall be composed
of the Attorney General and one member of the Senate and one
member of the House of Representatives. If the Attorney General
brings the indictment against the public official, the Attorney Gen-
eral shall not serve on the commission. In place of the Attorney
General, the Governor shall appoint a retired Supreme Court Justice
or a retired Court of Appeals Judge. The commission shall provide for
a speedy hearing, including notice of the nature and cause of the
hearing, process for obtaining witnesses, and the assistance of coun-
sel. Unless a longer period of time is granted by the appointing
authority, the commission shall make a written report within 14 days.
If the commission determines that the indictment relates to and
adversely affects the administration of the office of the indicted
public official and that the rights and interests of the public are
adversely affected thereby, the Governor or, if the Governor is the
indicted public official, the Lieutenant Governor shall suspend the
public official immediately and without further action pending the
final disposition of the case or until the expiration of the officers term
of office, whichever occurs first. During the term of office to which
such officer was elected and in which the indictment occurred, if a
nolle prosequi is entered, if the public official is acquitted, or if after
conviction the conviction is later overturned as a result of any direct
appeal or application for a writ of certiorari, the officer shall be
immediately reinstated to the office from which he was suspended.
While a public official is suspended under this Paragraph and until
final conviction, the officer shall continue to receive the compensa-
tion from his office.
(c) Unless the Governor is the public officer under suspension,
for the duration of any suspension under this Paragraph, the Gover-
nor shall appoint a replacement officer except in the case of a member
of the General Assembly. If the Governor is the public officer under
suspension, the provisions of Article V, Section I, Paragraph V of this
GEORGIA LAWS 1984 SESSION
1721
Constitution shall apply as if the Governor were temporarily disabled.
Upon a final conviction with no appeal or review pending, the office
shall be declared vacant and a successor to that office shall be chosen
as provided in this Constitution or the laws enacted in pursuance
thereof.
(d) No commission shall be appointed for a period of 14 days
from the day the indictment is received. This period of time may be
extended by the Governor. During this period of time, the indicted
public official may, in writing, authorize the Governor or, if the
Governor is the indicted public official, the Lieutenant Governor to
suspend him from office. Any such voluntary suspension shall be
subject to the same conditions for review, reinstatement, or declara-
tion of vacancy as are provided in this Paragraph for a nonvoluntary
suspension.
(e) After any suspension is imposed under this Paragraph, the
suspended public official may petition the appointing authority for a
review. The Governor or, if the indicted public official is the
Governor, the Lieutenant Governor may reappoint the commission to
review the suspension. The commission shall make a written report
within 14 days. If the commission recommends that the public
official be reinstated, he shall immediately be reinstated to office.
(f) The report and records of the commission and the fact that
the public official has or has not been suspended shall not be
admissible in evidence in any court for any purpose. The report and
record of the commission shall not be open to the public.
(g) The provisions of this Paragraph shall not apply to any
indictment handed down prior to January 1,1985.
(h) If a public official who is suspended from office under the
provisions of this Paragraph is not first tried at the next regular or
special term following the indictment, the suspension shall be termi-
nated and the public official shall be reinstated to office. The public
official shall not be reinstated under this subparagraph if he is not so
tried based on a continuance granted upon a motion made only by the
defendant.
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.
1722
GENERAL ACTS AND RESOLUTIONS, VOL. I
The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
( ) YES Shall the Constitution be amended so
( ) NO as to provide that certain public offi-
cials may be suspended from office
upon being indicted for a felony and
may be removed from office upon be-
ing convicted of a felony by this state
and to provide for procedures and
other matters relative thereto?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
Approved April 4,1984.
DISCIPLINE, REMOVAL AND INVOLUNTARY
RETIREMENT OF JUDGES.
Proposed Amendment to the Constitution.
No. 88 (Senate Resolution No. 267).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
a judge may be suspended from office upon being indicted for a felony
and may be removed from office upon being convicted of a felony in
this state, in any other state, or in the United States and to provide for
GEORGIA LAWS 1984 SESSION
1723
procedures and other matters relative thereto; to provide for submis-
sion of this amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article VI, Section VII of the Constitution is amended
by striking therefrom Paragraph VII which reads as follows:
Paragraph VII. Discipline, removal, and involuntary
retirement of judges. Any judge may be removed, suspended, or
otherwise disciplined for willful misconduct in office, or for willful
and persistent failure to perform the duties of office, or for habitual
intemperance, or for conviction of a crime involving moral turpitude,
or for conduct prejudicial to the administration of justice which
brings the judicial office into disrepute. Any judge may be retired for
disability which constitutes a serious and likely permanent interfer-
ence with the performance of the duties of office. The Supreme Court
shall adopt rules of implementation.,
and inserting in lieu thereof a new Paragraph VII to read as follows:
Paragraph VII. Discipline, removal, and involuntary
retirement of judges, (a) Any judge may be removed, suspended,
or otherwise disciplined for willful misconduct in office, or for willful
and persistent failure to perform the duties of office, or for habitual
intemperance, or for conviction of a crime involving moral turpitude,
or for conduct prejudicial to the administration of justice which
brings the judicial office into disrepute. Any judge may be retired for
disability which constitutes a serious and likely permanent interfer-
ence with the performance of the duties of office. The Supreme Court
shall adopt rules of implementation.
(b) (1) Upon indictment for a felony by a grand jury of this
state or by a grand jury of the United States of any judge, the
Attorney General or district attorney shall transmit a certified
copy of the indictment to the Judicial Qualifications Commission.
The commission shall, subject to subparagraph (b)(2) of this
Paragraph, review the indictment, and, if it determines that the
indictment relates to and adversely affects the administration of
the office of the indicted judge and that the rights and interests of
the public are adversely affected thereby, the commission shall
1724
GENERAL ACTS AND RESOLUTIONS, VOL. I
suspend the judge immediately and without further action pend-
ing the final disposition of the case or until the expiration of the
judges term of office, whichever occurs first. During the term of
office to which such judge was elected and in which the indictment
occurred, if a nolle prosequi is entered, if the public official is
acquitted, or if after conviction the conviction is later overturned
as a result of any direct appeal or application for a writ of
certiorari, the judge shall be immediately reinstated to the office
from which he was suspended. While a judge is suspended under
this subparagraph and until final conviction, the judge shall
continue to receive the compensation from his office. For the
duration of any suspension under this subparagraph, the Gover-
nor shall appoint a replacement judge. Upon a final conviction
with no appeal or review pending, the office shall be declared
vacant and a successor to that office shall be chosen as provided in
this Constitution or the laws enacted in pursuance thereof.
(2) The commission shall not review the indictment for a
period of 14 days from the day the indictment is received. This
period of time may be extended by the commission. During this
period of time, the indicted judge may, in writing, authorize the
commission to suspend him from office. Any such voluntary
suspension shall be subject to the same conditions for review,
reinstatement, or declaration of vacancy as are provided in this
subparagraph for a nonvoluntary suspension.
(3) After any suspension is imposed under this subpara-
graph, the suspended judge may petition the commission for a
review. If the commission determines that the judge should no
longer be suspended, he shall immediately be reinstated to office.
(4) The findings and records of the commission and the fact
that the public official has or has not been suspended shall not be
admissible in evidence in any court for any purpose. The findings
and records of the commission shall not be open to the public.
(5) The provisions of this subparagraph shall not apply to
any indictment handed down prior to January 1,1985.
(6) If a judge who is suspended from office under the
provisions of this subparagraph is not first tried at the next
regular or special term following the indictment, the suspension
shall be terminated and the judge shall be reinstated to office.
GEORGIA LAWS 1984 SESSION
1725
The judge shall not be reinstated under this provision if he is not
so tried based on a continuance granted upon a motion made only
by the defendant.
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 a judge may be sus-
pended from office upon being in-
dicted for a felony and may be re-
moved from office upon being
convicted of a felony by this state or
by the United States and to provide
for procedures and other matters rela-
tive thereto?
All persons desiring to vote in favor of ratifying the proposed
amendment shall vote Yes. All persons desiring to vote against
ratifying the proposed amendment shall vote No.
If such amendment shall be ratified as provided in said Paragraph
of the Constitution, it shall become a part of the Constitution of this
state.
Approved April 4,1984.
1726
GENERAL ACTS AND RESOLUTIONS, VOL. I
GENERAL ASSEMBLY AUTHORIZED TO REVISE
PENSION AND RETIREMENT LAWS.
Proposed Amendment to the Constitution.
No. 90 (Senate Resolution No. 274).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize
the General Assembly by law to change previously existing public
retirement or pension laws of this state to revise the provisions of said
laws relating to retirement or pension benefits based on involuntary
separation from employment as applied to present members of
public retirement or pension systems; to provide restrictions on
retirement or pension benefits based on involuntary separation from
employment as applied to public retirement or pension systems
created in the future; and to authorize the General Assembly by law to
define part-time service, including but not limited to service as a
member of the General Assembly, for the purposes of any previously
existing public retirement or pension system or for any such system
created in the future and to provide limitations on the use of such
part-time service as creditable service under any such previously
existing or future retirement or pension system; to provide for the
submission of this amendment for ratification or rejection; and for
other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
Section 1. Article III, Section X of the Constitution is amended
by adding at the end thereof a new Paragraph VI to read as follows:
Paragraph VI. Involuntary separation; part-time service,
(a) Any public retirement or pension system provided for by law in
existence prior to January 1, 1985, may be changed by the General
Assembly for any one or more of the following purposes:
(1) To redefine involuntary separation from employment;
or
GEORGIA LAWS 1984 SESSION
1727
(2) To provide additional or revise existing limitations or
restrictions on the right to qualify for a retirement benefit based
on involuntary separation from employment.
(b) The General Assembly by law may define or redefine part-
time service, including but not limited to service as a member of the
General Assembly, for the purposes of any public retirement or
pension system presently existing or created in the future and may
limit or restrict the use of such part-time service as creditable service
under any such retirement or pension system.
(c) Any law enacted by the General Assembly pursuant to
subparagraph (a) or (b) of this Paragraph may affect persons who are
members of public retirement or pension systems on January 1,1985,
and who became members at any time prior to that date.
(d) Any law enacted by the General Assembly pursuant to
subparagraph (a) or (b) of this Paragraph shall not be subject to any
law controlling legislative procedures for the consideration of retire-
ment or pension bills, including, but not limited to, any limitations on
the sessions of the General Assembly at which retirement or pension
bills may be introduced.
(e) No public retirement or pension system created on or after
January 1,1985, shall grant any person whose retirement is based on
involuntary separation from employment a retirement or pension
benefit more favorable than tbe retirement or pension benefit
granted to a person whose separation from employment is voluntary.
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:
(1) Authorize the General Assembly
by law.Jo change previously existing
public retirement or pension laws of
this state to redefine involuntary sep-
aration from employment and to pro-
vide additional or revise existing limi-
1728
GENERAL ACTS AND RESOLUTIONS, VOL. I
tations or restrictions on the right to
qualify for a retirement or pension
benefit based on involuntary separa-
tion from employment and to affect
present members of public retirement
or pension systems as a result of the
revision of such laws;
(2) Authorize the General Assembly
by law to define or redefine part-time
service, including but not limited to
service as a member of the General
Assembly, for the purposes of any
previously existing or future public
retirement or pension system and
place limitations or restrictions on the
use of part-time service as creditable
service under any such system and to
affect present members of any public
retirement or pension system in con-
nection therewith; and
(3) Provide restrictions on retire-
ment or pension benefits based on in-
voluntary separation from employ-
ment as applied to public retirement
or pension systems created in the fu-
ture?
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 April 4,1984.
1729
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 10, 1984
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 421, 385, 246, 367 and Senate Reso-
lution 431 which were passed by the General Assembly of Geor-
gia at the 1984 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 the
Senate
Honorable Frank H. Edwards, Legislative Counsel
Honorable Michael J. Bowers, Attorney General
Honorable Max Cleland, Secretary of State
1730
OFFICE OF THE GOVERNOR
Atlanta, Georgia 30334
April 10, 1984
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 1442, 1472, 1373, 1205, 358, 1029,
1067, 94, 886, 464, 199 and 1163 which were passed by the Gen-
eral Assembly of Georgia at the 1984 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 the
Senate
Honorable Frank H. Edwards, Legislative Counsel
Honorable Michael J. Bowers, Attorney General
Honorable Max Cleland, Secretary of State
1731
Veto No. 13House Bill 1442 by Representatives Dover and
Irvin
This legislation relates to the appointment of judges of courts
of municipalities to change the residence requirement for such
judges. Because of a technical defect in the bill, the author has
requested that this legislation be vetoed.
Veto No. 14Senate Bill 421 by Senator Timmons
This legislation provided that the Judge of the Probate Court
of Calhoun County shall become the Chief Magistrate of the
county. Because of a technical defect in the bill, the author has
requested that this legislation be vetoed.
Veto No. 15House Bill 1472 by Representatives Coleman,
Buck and Richardson
This legislation relates to the jurisdiction of campus police.
The author of this legislation requested that this bill be vetoed
since it is very similar to the language of a senate bill. The par-
ties affected by the legislation decided to support the senate bill.
Veto No. 16Senate Bill 385 by Senator Kidd
This bill required the Board of Commissioners of Baldwin
County to run from districts. Because of a technical defect in
the legislation, the author of the bill has requested that this leg-
islation be vetoed.
Veto No. 17House Bill 1373 by Representatives Rainey,
Murphy, Burruss and others
This legislation would divest from counties and municipal cor-
porations the ability to regulate the possession, ownership,
transportation, carrying, transfer, sale, purchase or licensing of
guns, firearms, ammunition or components of firearms and am-
munition. However, this bill is flawed in that it contains an ex-
emption for the City of Savannah from the requirements of this
law so long as there is no change in its current local ordinance. I
do not favor an exemption for one city in Georgia over others.
Therefore, I am vetoing this legislation.
1732
Veto No. 18House Bill 1205 by Representatives Caldwell,
Childers and McKelvey
This bill reapportions Districts 15, 16, 28 and 34 of the House
of Representatives. Originally, this bill affected only the City of
Rome, Georgia, and Floyd County, changing legislative Districts
15 and 16. However, an amendment was placed on this bill at
the end of the session changing the configuration of House Dis-
tricts 28 and 34.
While the original legislation was approved by the House Re-
apportionment Committee before passage by the House, the
amendment was neither presented to the House Reapportion-
ment Committee nor to the Fulton County Delegation. I have
been requested by the House Reapportionment Committee, the
Fulton County Delegation, and the author to veto this bill.
Veto No. 19House Bill 358 by Representatives Watson,
Adams, Edwards and others
This legislation would limit the number of retail package li-
quor store licenses to a maximum of one license per 3,000 people
with the exception that each city or county may issue a mini-
mum of two licenses. The legislation grandfathers in all existing
licenses issued by cities and counties to further restrict the num-
ber of licenses on a population basis.
While the expressed intent of the bill, to place a limit on the
number of liquor stores in Georgia, is one with which I concur
personally, nevertheless I believe the competitive market should
make such a determination. Enactment of this legislation could
create a monopoly for existing liquor store owners.
Local governments in Georgia have long controlled the licens-
ing of liquor stores, and I do not feel that it is appropriate for
the state to begin now to erode that authority. Therefore, I am
vetoing this legislation.
Veto No. 20House Bill 1029 by Representatives Allen,
Triplett, Hamilton and others
This legislation makes it unlawful for any parent or guardian
knowingly to allow or permit a child under the age of 17 to loiter
1733
or remain in a public place between midnight and 5:00 a.m. un-
less he is accompanied by an adult or has a legitimate excuse.
The bill contains no definition of a legitimate excuse, thus the
measure would be completely unenforceable. Therefore, I am ve-
toing this legislation, but at the same time, I would like to com-
mend the author of this bill for his well-intentioned efforts to
encourage parental responsibility and provide protection for
children during the hours when they are most likely to encoun-
ter harm if allowed to roam unattended.
Veto No. 21Senate Bill 246 by Senators Huggins, Bond,
Tate and others
This legislation creates a state record-keeping system to pro-
vide juvenile court judges in each county with information re-
garding prior convictions of a juvenile. This would supplement
the voluntary system presently used by juvenile court judges.
During consideration of this measure, an amendment was
added which would automatically seal the juveniles record
within six months of his eighteenth birthday, despite any previ-
ous record. In contrast, under current law, a record may be
sealed two years after the juvenile is released from the system.
While it is the aim of the law to seal the record of a minor
who corrects his life after a juvenile problem, it is equally appar-
ent that the record of a juvenile who continues his life of crime
after the age of majority is relevant and most informative to the
legal community. This is true not only in investigating any fu-
ture crimes, but also in making appropriate decisions regarding
the safety and welfare of the person.
The automatic sealing of records in no way takes into account
the needs of the adult systems when a juvenile continues his life
of crime into adulthood. Existing law leaves to a qualified juve-
nile judge the decision as to whether information can be ob-
tained by law enforcement officers. I support the current law;
therefore, I must veto this legislation.
Veto No. 22House Bill 1067 by Representatives Barnes,
Padgett, Cheeks and others
This legislation refers to purchase contracts awarded by the
1734
Department of Administrative Services. It expands the require-
ment that they go to the lowest bidder to provide that when
comparing bids of a non-resident vendor with a resident vendor,
the Department shall reduce the resident vendors bid by the
percentage equal to the percentage reduction, if any, which the
non-resident vendors state applies to give preference to that
states resident vendor.
While this legislation is meant to protect Georgia vendors who
must compete in other states against preferential treatment
given to that states residents, it is a further restriction of a nor-
mal competitive market. Additionally, the measure contains no
definition of a resident of this state, a question with which
other states with preferential laws have wrestled unsuccessfully
until it was decided by the courts. Furthermore, a determination
by the Department of Administrative Services as to how to ap-
ply to such preferential treatment would prove totally unman-
ageable. For these many reasons, I am vetoing this legislation.
Veto No. 23Senate Bill 367 by Senators McGill, Walker,
Kennedy and others
This legislation would prohibit refiners, producers or manu-
facturers of automotive gasoline from opening or operating a re-
tail gasoline station after July 1, 1985, unless they own the sta-
tions prior to February 20, 1984.
This bill sets a dangerous precedent in that it is an attempt to
place limits on the free enterprise system and, in effect, restrict
the competitive market. As a businessman myself, I am sympa-
thetic to the needs and concerns of small businessmen who con-
tend that major oil companies undercut the prices dealers can
offer at their stations with lower prices at company-owned ser-
vice stations. However, my experience as a businessman also
leads me to reject any effort to set conditions on the market-
place. Signing this bill would send the wrong message to the
business community, both in Georgia and across the nation.
No matter how helpful such legislation might be in the short
run, in the long run, such restrictions would not be conducive to
a healthy economy. In fact, the concept embodied in this mea-
sure might easily be expended to include other business prod-
ucts in the future with only a few changes in the wording. Geor-
1735
gia is known for its pro-business attitude which plays an
important role in the continued investment activity and solid
expansion of our economy. With these considerations in mind, I
am vetoing this legislation.
Veto No. 24House Bill 94 by Representative Selman
This bill affecting the Peace Officers Annuity and Benefit
Fund allows the payment of disability benefits to peace officers
who were previously members of POAB and who, upon becom-
ing disabled, were denied disability benefits.
This bill allows one person, who has now retired, to receive
benefits from the retirement fund. Since this bill does not re-
quire the person affected to perform any employment duties or
make any employee contributions after its effect, the bill is un-
constitutional as a gift or gratuity granted by the state. Conse-
quently, I am vetoing this bill.
Veto No. 25Senate Resolution 431 by Senator Reddish
This resolution requested that the Department of Transporta-
tion designate the Owen G. Lee Parkway. At the request of the
author, this resolution was vetoed.
Veto No. 26House Bill 886 by Representative Dobbs
This bill requires all state agencies to pay all properly submit-
ted invoices for the sale or lease of real or personal property or
the sale of services within seven to 30 days of their receipt, de-
pending upon the item purchased. Interest in the amount of one
percent per month must be paid from agency funding, if pay-
ment is delayed.
As a businessman, I know the problems caused by delays in
payments. We must strive, at the state level, to make prompt
payments to our vendors. However, this is a matter that does
not need to be addressed by legislation. State agencies, as with
private businesses in our state, must be left free to deal on the
open market without competitive restrictions. There are advan-
tages and disadvantages to dealing with the state, and these are
allowed for in the competitive bids of the vendors. As with bills
restricting trade, I must similarly veto this legislation.
1736
Veto No. 27House Bill 464 by Representatives Ware, Wood
and Auten
This bill amended certain provisions of the insurance code.
Because of a technical defect, the author has requested that I
veto this bill.
Veto No. 28House Bill 199 by Representatives Greer, Ad-
ams, Daugherty and others
This legislation would delete the existing requirement that
Supreme Court justices and Court of Appeals judges retire at 70
years of age or else forfeit their retirement benefits. Also in-
cluded in this measure are Superior Court judges who now must
retire at the end of the term of office in which they reach the age
of 70 or forfeit retirement benefits.
The mandatory retirement age was implemented for good
cause several years ago. While many people in our society can
and do maintain fruitful careers past the age of 70, age is never-
theless a limiting factor for others. I do not believe eliminating
this requirement is in the best interests of the people of Georgia
in the long run. I also contend that this bill is flawed in that it
contains no limit on the age to which a judge or Justice may
continue to serve. Therefore, I must veto this legislation.
Veto No. 29House Bill 1163 by Representatives Thomas,
Johnson and Bolster
This legislation provides for an exemption to local zoning re-
strictions to allow day care centers with six or fewer children to
be located in residential areas. The intention of this bill is to
facilitate the establishment of additional day care centers in res-
idential areas to accommodate the multitude of children who
need the service.
Although the purpose of this bill is laudable, the bill itself is
unconstitutional in that it attempts to restrict city and county
governmental authorities in their zoning power, authority which
is not proper for the General Assembly under our States Consti-
tution. As a result of this fact, I am vetoing this legislation, but
at the same time, I am requesting local governments to consider
1737
the intention of the General Assembly in making future deci-
sions regarding zoning questions.
1738
COUNTIES AND SUPERIOR COURT CIRCUITS
1739
APPELLATE COURTS
SUPREME COURT OF GEORGIA
As of April 3, 1984
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 HEN WOOD.....................................Assistant Reporter
COURT OF APPEALS OF GEORGIA
As of April 3, 1984
WILLIAM LeROY McMURRAY, JR.............................. Chief Judge
BRASWELL D. DEEN, JR.................................Presiding Judge
J. KELLEY QUILLIAN...................................Presiding Judge
HAROLD R. BANKE......................................Presiding Judge
ANDREW W. BIRDSONG, JR.........................................Judge
GEORGE H. CARLEY...............................................Judge
JOHN W. SOGNIER ...............................................Judge
MARION T. POPE, JR.............................................Judge
ROBERT BENHAM..................................................Judge
ALTON HAWK..............................................Clerk
GUY M. MASSEY.........................................Reporter
W. SCOTT HEN WOOD.............................Assistant Reporter
1740
SUPERIOR COURTS
JUDGES, DISTRICT ATTORNEYS AND CALENDAR
As of April 3, 1984
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
AtkinsonFirst Monday in April and October
BerrienFirst Monday in February and August
ClinchThird Monday in March and September
CookSecond Monday in January and July
LanierFourth Monday in April and October
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
APPALACHIAN CIRCUIT.
HONS. BOBBY C. MILAM, Judge, Fannin County Courthouse
GEORGE W. WEAVER, D.A., Pickins County Courthouse
FanninSecond Monday in March and November; first Monday in June
GilmerSecond Monday in February and October; first Monday in May
PickensSecond Monday in January, April and September
ATLANTA CIRCUIT.
HONS. OSGOOD 0. WILLIAMS, Chief Judge, Fulton County Courthouse
LUTHER ALVERSON, SAM PHILLIPS McKENZIE, 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
1741
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
Tattnall: Third Monday in April and October
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
ForsythFourth Monday in March and July; second Monday in November
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
1742
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
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., WILLIAM T. BOYETT, Judges, Whitfield County
Courthouse
STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse
MurraySecond Monday in February and August
WhitfieldSecond Monday in January and July
1743
CORDELE CIRCUIT.
HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse
G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse
GARY C. CHRISTY, D.A., Dooly County Courthouse
Ben HillSecond and third Monday in January; first and second Monday in April;
third and fourth Monday in June; and 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 and November; second and third Monday in August.
DoolyFourth Monday in January; and Monday following the third and fourth
Monday in April, July and October.
WilcoxSecond and third Mondays in March; fourth Monday in August and Mon-
day following; first and second Monday in December.
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 February, May and August; first Monday in November
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
1744
EASTERN CIRCUIT.
HONS. GEORGE E. OLIVER, Chief Judge, Chatham County Courthouse
FRANK S. CHEATHAM, JR., PERRY BRANNEN, JR., EUGENE H. GADSDEN,
Judges, Chatham County Courthouse
SPENCER LAWTON, JR., D.A., Chatham County Courthouse
ChathamFirst Monday in March, June, September and December
FLINT CIRCUIT.
HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse
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. REID MERRITT, Chief Judge, Gwinnett County Courthouse
HOMER M. STARK, K. DAWSON JACKSON, JAMES ALLEN HENDERSON,
Judges, Gwinnett County Courthouse
WILLIAM BRYANT HUFF, D.A., Gwinnett County Courthouse
GwinnettFirst Monday in January, March, May, July and November; second
Monday in September
HOUSTON CIRCUIT.
HONS. WILLIS B. HUNT, JR., Judge, Houston County Courthouse
THERON FINLAYSON, D.A., Houston County Courthouse
HoustonFirst Monday in January, March, May, July, September and November
1745
LOOKOUT MOUNTAIN CIRCUIT.
HONS. JOSEPH E. LOGGINS, Chief Judge, Chatooga County Courthouse
GARY B. ANDREWS, Judge, Walker County Courthouse
JOSEPH B TUCKER, Judge, Catoosa 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
MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse
WALKER P. JOHNSON, JR., TOMMY DAY WILCOX, 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 and August; fourth Monday in April
RabunThird Monday in February; fourth Monday in May and 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
1746
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
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; fourth Monday in July
FranklinThird Monday in March and September
HartThird Monday in February and August
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, August, and November
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. 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
1747
OGEECHEE CIRCUIT.
HONS. FAYE SANDERS MARTIN, Chief Judge, Bulloch County Courthouse
WILLIAM J. NEVILLE, Judge, Bulloch County Courthouse
J. LANE JOHNSTON, D.A., Bulloch County Courthouse
BullochFirst Monday in February, May, August and November
EffinghamFirst Monday in June; and December
JenkinsFirst Monday in March and September
ScrevenSecond Monday in January; first Monday in April, July and October
PATAULA CIRCUIT.
HONS. 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
1748
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
SOUTHERN CIRCUIT.
HONS. GEORGE A. HORKAN, JR., Chief Judge, Colquitt County Courthouse
ROY MILLER LILLY, Judge, Thomas County Courthouse
H. ARTHUR McLANE, Judge, Lowndes 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 first 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 and September; first Monday in December
PauldingFirst Monday in February; third Monday in May and October
PolkSecond Monday in January; fourth Monday in April and September
1749
TIFTON CIRCUIT.
HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse
JOHN D. CROSBY, Judge, Tift County Courthouse
THOMAS H. PITTMAN, D.A., Tift County Courthouse
IrwinThird and fourth Monday in February; second and third Monday in May
and November
TiftFirst Monday in March and September; first and second Monday in June and
December
TurnerSecond and third Monday in January and July; second Monday in April
and October
WorthFourth Monday in January, April, July and October
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
1750
INDEX
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION
Appointment of State School Superintendent......... .............. ....... 1716
Certain Local Laws Required to be Approved by Referendum.......... ....... 1709
Community Improvement Districts, Creation Authorized...................... 1703
Disabled Veterans Homestead Exemption..................................... 1707
Discipline, Removal and Involuntary Retirement of Judges ................. 1722
General Assembly Authorized to Revise Pension and Retirement Laws......... 1726
General Obligation Debt for Library Facilities............................ 1713
Governors Retirement Benefits Based on Involuntary Separation Limited.... 1714
Preferential Assessment of Agricultural Land; Classes of Persons Entitled. 1711
Suspension of Certain Public Officials Upon Being Indicted For a Felony... 1719
OFFICIAL CODE OF GEORGIA ANNOTATED
Code Revision Amendment...................................................... 22
Code Section 1-4-1; amended ............................................ 1274
Code Title 2, Chapter 2; amended........................................... 1152
Code Section 2-3-5; amended ............................................. 898
Code Title 2, Chapter 7; amended........................................... 1021
Code Section 2-7-102; amended .............................................. 890
Code Title 3, Chapter 3; amended............................................ 790
Code Section 3-3-7; amended .... .................................1683, 1685, 1691
Code Section 3-3-20; amended .............................................. 1688
Code Title 3, Chapter 5; amended........................................... 790
Code Chapter 3-6; amended................................................... 375
Code Title 3, Chapter 6; amended........................................... 1142
Code Section 4-4-113; amended .............................................. 389
Code Section 4-10-7.1; enacted........................................... 1216
Code Section 4-10-7.2; enacted . .......................................... 1216
Code Section 5-5-47; amended ............................................... 415
Code Title 5, Chapter 6; amended............................................ 599
Code Section 5-6-45; amended ............................................... 413
Code Title 7, Chapter 1; amended........................................... 949
Code Title 7, Chapter 1; amended.......................................... 1467
Code Title 7, Chapter 2; amended........................................... 952
Code Title 7, Chapter 4; amended........................................... 949
Code Title 8, Chapter 2; amended......................................... 1244
Code Sections 8-2-70 through 8-2-75; repealed............................. 1227
Code Sections 8-2-200 through 8-2-222; enacted............................ 1160
Code Title 8, Chapter 3; amended.......................................... 1374
Code Title 9, Chapter 2; amended........................................... 597
Code Section 9-3-90; amended ............................................... 580
Code Section 9-10-34; enacted.............................................. 1149
Code Section 9-10-72; amended .............................................. 966
Code Title 9, Chapter 11; amended........................................... 597
Code Section 9-12-60; amended .............................................. 912
Code Title 10, Chapter 1; amended........................................... 522
Code Section 10-1-234; amended ............................................ 1679
Code Section 10-1-393; amended ............................................. 463
INDEX
1751
Code Section 10-1-404; amended............................................. ..... 441
Code Section 10-1-451; amended .................................................. 944
Code Title 10, Chapter 5; amended..................................... .......... 529
Code Title 12; amended........................................................... 404
Code Section 12-3-10; amended......... ...... .................... ... 374
Code Section 12-3-193; amended.................................... .............. 501
Code Section 12-3-233; amended................................................... 430
Code Section-12-3-339; amended............................................... ... 841
Code Chapter 12-4; amended ...................................................... 398
Code Title 12, Chapter 5; amended............................. .................. 454
Code Section 12-5-179; amended .................................................. 1074
Code Section 12-6-63; amended ................................................... 445
Code Section 12-8-122; amended.................................... . 876
Code Title 14, Chapter 2; amended................................................ 514
Code Section 14-2-63; amended ................................................... 1319
Code Title 14, Chapter 8; amended................................................ 1439
Code Section 14-17-31; amended................................................... 504
Code Section 15-5-50; enacted......................................... .......... 1149
Code Section 15-6-2; amended..................................... 434, 451, 469, 472
Code Section 15-6-3; amended..................................; 331, 351, 439, 440, 498
Code Section 15-6-28.1; amended................................................. 702
Code Section 15-6-77.2; amended................................................... 500
Code Section 15-6-77.3; enacted................................................... 617
Code Section 15-6-88; amended ................................................... 589
Code Section 15-6-89; amended.................................................... 436
Code Section 15-7-24; amended ................................................... 388
Code Section 15-9-86.1; enacted................................................... 970
Code Title 15, Chapter 10; amended............................................... 1096
Code Section 15-10-20; amended................................................... 442
Code Title 15, Chapter 11; amended........................................... 565, 794
Code Section 15-11-35; amended.................................................... 894
Code Section 15-11-57; amended.................................................... 562
Code Title 15, Chapter 12; amended............................................... 1697
Code Section 15-12-7; amended ................................................... 616
Code Title 15, Chapter 16; amended...........................................783
Code Section 15-16-1; amended ................................................. 579, 1369
Code Section 15-16-20; amended ................................................... 519
Code Section 15-16-26; amended................................................... 1279
Code Section 15-16-28; enacted.................................................... 536
Code Title 15, Chapter 18; amended........................................... 842, 1182
Code Title 15, Chapter 21; amended................................................ 842
Code Title 16, Chapter 5; amended................................................. 900
Code Section 16-5-3; amended .................................................... 397
Code Title 16, Chapter 6; amended................................................ 1495
Code Section 16-6-4; amended.......................................... .......... 685
Code Section 16-7-44; amended.................................................... 1489
Code Title 16, Chapter 8; amended................................................ 900
Code Section 16-9-20; amended.................................................... 1435
Code Section 16-11-129; amended.............................................. 935, 1388
Code Title 16, Chapter 12; amended............................................... 1495
Code Title 16, Chapter 13; amended............................................... 1019
INDEX
1752
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Code
Title 17, Chapter 6; amended.......................
Section 17-6-l(e); enacted.........................
Title 17, Chapter 10; amended......................
Section 17-10-1; amended ..........................
Title 17, Chapter 12; amended, Article 4; enacted ..
Chapter 18-4; amended .............................
Section 18-4-23; amended ..........................
Section 19-2-4; amended ...........................
Section 19-3-30; amended ..........................
Section 19-6-19; amended ..........................
Section 19-8-18; amended ..........................
Section 19-ll-8(c); repealed ......................
Section 19-11-42; amended..........................
Section 19-11-61; amended..........................
Section 19-13-3; amended...........................
Title 20, Chapter 2; amended.......................
Section 20-2-54.1; enacted.........................
Section 20-2-151; amended..........................
Section 20-2-520; amended..........................
Section 20-2-833; enacted..........................
Title 20, Chapter 3; amended.......................
Section 20-3-69; repealed..........................
Section 20-4-100; enacted..........................
Title 20, Chapter 5; amended.......................
Section 20-8-1; amended............................
Section 20-11-7; enacted...........................
Title 21; amended..................................
Section 21-1-2; amended............................
Title 21, Chapter 2; amended.......................1,
Section 21-2-2; amended............................
Section 21-2-5; amended ...........................
Section 21-2-45; enacted...........................
Section 21-2-132; amended..........................
Section 21-2-218; amended..........................
Section 21-2-234; amended..........................
Title 21, Chapter 3; amended.......................
Section 21-3-10; amended ..........................
Section 21-3-34; amended...........................
Section 21-3-133; amended..........................
Section 21-3-405; amended..........................
Title 21, Chapter 5; amended.......................
Section 21-5-5; amended............................
Title 22, Chapter 2; amended.......................
Section 24-10-27; amended..........................
Title 25, Chapter 2; amended.......................
Title 25, Chapter 3; amended.......................
Title 25, Chapter 11; amended......................
Title 27; amended..................................
Title 27, Chapters 2 and 3; amended................
....................... 760
....................... 679
....................... 760
....................... 894
....................... 495
....................... 370
...................... 1319
...................... 612
...................... 1192
...................... 606
...................... 1433
....................... 567
....................... 613
....................... 387
....................... 542
..... 908, 1201, 1266, 1692
....................... 641
....................... 643
....................... 373
....................... 727
....................... 721
....................... 657
....................... 571
...................... 1005
....................... 596
..................... 1675
....................... 133
..................... 1177
565, 637, 674, 675, 677, 922,
1038, 1087, 1372, 1490
....................... 696
....................... 636
...................... 680
....................... 780
................. 635, 1430
....................... 694
......1, 661, 674, 675, 677,
922, 1038, 1087, 1372, 1490
...................... 826
..................... 1376
...................... 860
....................... 634
....................... 764
..................... 1100
....................... 982
....................... 964
..................... 1160
..................... 1000
....................... 824
................. 404, 537
....................... 568
INDEX
1753
Code Section 27-2-25.1; enacted................................................. 649
Code Title 27, Chapter 3; amended............................................... 802
Code Section 27-3-1; amended.................................................... 546
Code Chapter 27-4; amended ..................................................... 416
Code Section 27-4-112; amended.................................................. 801
Code Section 28-1-2; amended ................................................... 602
Code Section 28-2-1; amended .................................................. 4071
Code Section 28-2-2; amended ................................................... 394
Code Section 28-3-20; amended................................................... 663
Code Chapter 28-4; amended ...;................................................. 359
Code Title 28, Chapter 5; amended............................................... 66
Code Section 28-8-1; amended ................................................... 431
Code Section 29-2-4; amended.................................................... ^4
Code Section 29-2-84; amended............................................337, 1321
Code Section 30-2-3; amended.................................................. 4017
Code Title 30, Chapter 3; amended.............................................. 4255
Code Title 30, Chapter 5; amended............................................... ^85
Code Title 31, Chapter 3; amended.............................................. 4325
Code Section 31-1-6; enacted................................................... 4034
Code Title 31, Chapter 7; amended........................................636 4654
Code Section 31-7-7; amended ................................................... 667
Code Section 31-7-11; amended .................................................. 649
Code Section 31-7-11; enacted................................................... ^7
Code Section 31-7-74; amended .................................................. 374
Code Section 31-7-131; amended.................................................. 699
Code Title 31, Chapter 8; amended.............................................. 4389
Code Section 31-10-13; amended................................................. 4015
Code Section 31-13-15; amended................................................. 4428
Code Title 31, Chapter 31; amended............................................. 4223
Code Title 31, Chapter 32; enacted....................................... 1477, 1680
Code Title 32, Chapter 6; amended............................................... 621
Code Title 33; amended......................................................... 1080
Code Section 33-7-11; amended.................................................. 839
Code Title 33, Chapter 8; amended........................................ 1284, 1294
Code Title 33, Chapter 22; amended............................................. 1345
Code Title 33, Chapter 24; amended............................................. 1345
Code Section 33-24-28.1; amended................................................ 777
Code Title 33, Chapter 34; amended....................................... 1221, 1333
Code Section 33-34-3; amended................................................... 516
Code Section 33-34-10; amended.................................................. 697
Code Title 34, Chapter 2; amended............................................. 1152
Code Section 34-4-3; amended................................................... 1324
Code Title 34, Chapter 8; amended............................................... 861
Code Title 34, Chapter 9; amended............................................... 816
Code Section 34-9-2.2; enacted................................................. 1218
Code Section 34-10-16; amended.................................................. 393
Code Title 34, Chapter 11; enacted............................................. 1227
Code Title 35, Chapter 1; amended............................................... 690
Code Section 35-1-4; amended.................................................... 632
Code Section 35-2-43; amended................................................... 895
INDEX
1754
Code Title 35, Chapter 3; amended................................................ 690
Code Section 35-8-20; enacted.................................................... 1210
Code Section 36-1-2; amended .................................................... 131
Code Section 36-1-15; amended ................................................... 505
Code Section 36-1-20; enacted.................................................... 1086
Code Title 36, Chapter 19; enacted............................................... 1337
Code Section 36-36-22.1; enacted.................................................. 976
Code Section 36-41-4; amended .................................................... 337
Code Section 36-42-9; repealed.................................................... 941
Code Section 36-60-11; enacted................................................... 1432
Code Title 36, Chapter 63; amended............................................. 1694
Code Title 36, Chapter 81; amended.............................................. 818
Code Title 36, Chapter 82; amended............................................. 1362
Code Section 36-82-160; enacted................................................... 941
Code Section 37-3-102; amended.................................................... 756
Code Section 37-7-166; amended ................................................... 594
Code Title 37, Chapter 9; amended................................................ 968
Code Title 40, Chapter 2; amended.......................................... 1199, 1329
Code Section 40-2-20; amended..................................................... 603
Code Section 40-2-25; amended .................................................... 609
Code Section 40-2-29.2; enacted.................................................. 1677
Code Section 40-2-71.1; amended................................................... 423
Code Section 40-2-73; amended .................................................... 433
Code Title 40, Chapter 3; amended................................................ 1194
Code Section 40-3-2; amended .................................................... 781
Code Title 40, Chapter 5; amended.......................................... 797, 1329
Code Section 40-5-26; amended.................................................... 1070
Code Section 40-5-52; amended..................................................... 614
Code Section 40-5-100; amended .................................................. 1674
Code Title 40, Chapter 6; amended.......................................... 1263, 1329
Code Title 40, Chapter 8; amended................................................ 1329
Code Section 40-8-73.1; amended.................................................. 1211
Code Section 40-8-90; amended ................................................... 1192
Code Title 40, Chapter 11; amended............................................... 548
Code Section 40-13-32; enacted................................................... 1144
Code Section 40-14-1; amended .................................................... 502
Code Title 40, Chapter 15; enacted............................................... 646
Code Section 42-2-9; amended...................................................... 940
Code Title 42, Chapter 5; amended................................................ 639
Code Section 42-5-18; amended .................................................... 593
Code Section 42-5-36; amended ................................................... 1361
Code Section 42-5-51; amended..................................................... 604
Code Section 42-5-60; amended .................................................... 651
Code Chapter 42-8; amended ...................................................... 367
Code Section 42-8-35.1; amended................................................... 446
Code Section 42-8-36; amended ................................................... 1317
Code Section 42-8-71; amended .................................................... 592
Code Title 42, Chapter 9; amended................................................ 689
Code Section 42-9-42; amended ................................................... 775
Code Title 43, Chapter 1; amended................................................ 552
Code Section 43-1-5; amended .................................................... 704
INDEX
1755
Code Chapter 43-4; amended ................................................... 448
Code Section 43-4-11; amended ................................................ 595
Code Title 43, Chapter 6; amended............................................. 1084
Code Section 43-6-26; amended ................................................ 438
Code Title 43, Chapter 7A; enacted.......................................... 1406
Code Title 43, Chapter 9; amended............................................ 913
Code Section 43-10-14; amended ............................................... 581
Code Title 43, Chapter 11A; enacted....................................... 1377
Code Title 43, Chapter 14; amended.......................................... 1129
Code Title 43, Chapter 15; amended.......................................... 1146
Code Title 43, Chapter 18; amended........................................... 511
Code Title 43, Chapter 20; amended.......................................... 1119
Code Title 43, Chapter 21; amended........................................... 924
Code Title 43, Chapter 29; amended........................................... 513
Code Title 43, Chapter 34; amended.......................................... 1067
Code Section 43-34-21; amended................................................ 1465
Code Section 43-34-103; amended................................................ 611
Code Title 43, Chapter 38; amended.......................................... 1338
Code Title 43, Chapter 39; amended........................................... 503
Code Title 43, Chapter 40; amended........................................... 844
Code Section 43-41-20; amended................................................. 452
Code Section 43-42-2; amended.................................................. 425
Code Section 43-42-7; amended.................................................. 647
Code Section 43-48-3; amended ................................................. 535
Code Section 43-50-52; amended................................................. 544
Code Title 44, Chapter 2; amended........................................... 1335
Code Title 44, Chapter 5; amended........................................... 1124
Code Section 44-5-142; amended................................................ 1036
Code Title 44, Chapter 6; amended............................................. 1335
Code Section 44-6-90; enacted.................................................. 792
Code Title 44, Chapter 7; amended............................................. 892
Code Section 44-7-19; enacted................................................. 1079
Code Section 44-7-56; amended ................................................. 859
Code Title 44, Chapter 12; amended............................................ 575
Code Section 44-12-199; amended................................................ 517
Code Title 44, Chapter 14; amended........................................ 572, 892
Code Section 44-14-65; repealed................................................ 132
Code Section 44-14-363; amended................................................ 561
Code Title 44, Chapter 15; enacted........................................... 831
Code Title 45, Chapter 3; amended............................................ 565
Code Section 45-5-6; amended ................................................. 1279
Code Chapter 45-7; amended ................................................... 427
Code Section 45-7-4; amended ................................................. 444
Code Section 45-7-4; amended..............................................717, 808
Code Section 45-7-72; amended ................................................ 851
Code Title 45, Chapter 9; amended.............................................. 762
Code Title 45, Chapter 10; amended............................................ 1196
Code Section 45-10-24; amended................................................ 1122
Code Section 45-10-25; amended................................................ 1204
Code Section 45-10-60; enacted................................................. 619
Code Chapter 45-12; amended .................................................. 359
INDEX
1756
Code Section 45-14-10; repealed................................................. 1152
Code Section 45-15-30; amended.................................................. 1359
Code Title 45, Chapter 16; amended............................................... 812
Code Title 45, Chapter 17; amended.............................................. 1105
Code Section 45-18-5.2; enacted.................................................. 720
Code Section 45-18-7.1; enacted.................................................. 543
Code Chapter 45-20; amended ..................................................... 427
Code Section 45-20-2; amended ................................................. 467
Code Section 45-20-15; amended .................................................. 583
Code Section 45-20-31; enacted................................................... 907
Code Title 46, Chapter 1; amended............................................... 1394
Code Title 46, Chapter 5; amended............................................... 1152
Code Section 46-5-131; enacted..;.............................................. 652
Code Title 46, Chapter 7; amended............................................... 1394
Code Title 46, Chapter 9; amended................................................ 693
Code Title 47; amended........................................................... 810
Code Section 47-1-8; enacted..................................................... 758
Code Title 47, Chapter 2; amended............................................... 1296
Code Section 47-2-110; amended.................................................. 1487
Code Section 47-2-123.1; enacted................................................ 1309
Code Title 47, Chapter 3; amended......................................990, 998, 1314
Code Section 47-3-21; amended................................................... 1155
Code Section 47-4-22; amended................................................... 827
Code Title 47, Chapter 5; amended............................................... 1041
Code Title 47, Chapter 7; amended................................................ 990
Code Section 47-7-20; amended .................................................. 828
Code Title 47, Chapter 10; amended.............................................. 1179
Code Section 47-11-20; amended................................................... 932
Code Section 47-14-20; amended .................................................. 929
Code Section 47-16-21; amended .................................................. 507
Code Title 47, Chapter 17; amended.............................................. 996
Code Section 47-17-20; amended ................................................. 926
Code Title 48; amended........................................................... 352
Code Title 48, Chapter 1; amended............................................... 1323
Code Section 48-3-12; amended ................................................... 948
Code Section 48-4-2; amended .................................................... 660
Code Section 48-4-22; enacted.................................................... 904
Code Section 48-4-42; amended .................................................. 1016
Code Title 48, Chapter 5; amended............................................... 1058
Code Section 48-5-7.1; amended................................................... 686
Code Section 48-5-41; amended .............................................. 520, 1253
Code Section 48-5-48.1; amended................................................ 1371
Code Section 48-5-52; amended .................................................. 1497
Code Section 48-5-141; amended .................................................. 962
Code Section 48-5-220; amended................................................... 807
Code Section 48-5-350; amended .................................................. 805
Code Section 48-5-470.1; enacted................................................. 788
Code Section 48-6-2; amended .................................................... 936
Code Title 48, Chapter 7; amended........................................... 1323, 1644
Code Section 48-7-29.2; enacted................................................. 715
Code Section 48-7-57.1; enacted.................................................. 357
INDEX
1757
Code Section 48-8-3; amended ............................................... 1466
Code Section 48-10-2; amended .............................................. 896
Code Section 48-13-5; amended .............................................. 591
Code Section 48-14-3; amended ...................................... ....... 818
Code Section 49-4-101; amended ............................................. 1426
Code Section 49-4-142; amended ............................................. 1647
Code Title 49, Chapter 5; amended........................................... 1397
Code Sectioa 49-10-2; amended ............................................... 365
Code Section 50-5-142; amended............................................... 903
Code Section 50-6-26; amended............................................... 1004
Code Title 50, Chapter 8; amended........................................... 653
Code Section 50-8-2; amended ............................................... 1177
Code Section 50-8-4; amended ................................................ 378
Code Section 50-10-3; amended................................................ 420
Code Chapter 50-12; amended ................................................ 381
Code Section 50-13-4; amended .............................................. 1219
Code Section 50-19-1; amended .............................................. 1077
Code Title 50, Chapter 22; enacted.......................................... 1648
Code Section 52-7-8; amended................................................ 1203
Code Section 52-7-13; amended................................................ 422
Code Section 53-1-4; enacted................................................ 1036
Code Title 53, Chapter 2; amended........................................... 834
Code Title 53, Chapter 3; amended........................................... 834
Code Section 53-3-11; amended .............................................. 681
Code Section 53-3-12; amended................................................ 658
Code Title 53, Chapter 6; amended........................................... 937
Code Section 53-7-140; amended............................................... 937
Code Section 53-8-34; amended................................................ 974
Code Section 53-10-2; amended................................................ 937
COURTS
SUPREME COURT
Compensation of Justices..................................................... 444
COURT OF APPEALS
Compensation of Judges....................................................... 444
SUPERIOR COURTS
Atlanta Circuit; additional judge............................................ 451
Berrien County; mode of compensating clerk changed.......................... 4168
Bleckley County; compensation of clerk...................................... 4071
Brooks County; method of compensating clerk changed......................... 3724
Bulloch County; compensation of clerks employees........................... 4017
Butts County; compensation of clerk......................................... 4005
Catoosa County; clerks office; allowance for clerical help................. 4494
Chatham County; clerk to serve as clerk of Probate Court.................... 4438
Chattahoochee Circuit; assistant district attorney, maximum compensation..... 711
1758
INDEX
Chattahoochee Circuit; judges salary supplement by Muscogee County ........ 4157
Chattahoochee Circuit; salary supplement of district attorney by Columbus-
Muscogee County........................................................ 713
Clayton Circuit; number of judges increased................................. 469
Clayton County; compensation of sheriff, clerk and deputy clerk ............ 4210
Clerks; costs in certain counties (450,000 or more) ........................ 500
Clerks; fees in certain counties (350,000 or more).......................... 617
Clerks; minimum annual salary............................................... 589
Clerks; minimum compensation of certain clerks changed...................... 436
Cobb Circuit; investigators, appointment and compensation................... 348
Cobb Circuit; number of assistant district attorneys increased.............. 5188
Cobb Circuit; number of judges, compensation and expense allowances......... 434
District Attorneys; duty to collect fines and forfeitures; law repealed..... 842
Douglas Circuit terms....................................................... 498
Flint Circuit; county supplements to salaries of judges, district attorney and
chief assistant........................................................ 705
Floyd County; compensation of clerk, periodic increases..................... 4402
Gilmer Superior Court; terms changed........................................ 331
Gwinnett County; supplemental compensation for judges....................... 3868
Houston Circuit; number of judges increased................................. 472
Jones County; clerk, method of compensating changed ........................ 3740
Lamar County; mode of compensating clerk changed............................ 3904
Law Clerks authorized in certain circuits................................... 702
Lincoln County; terms changed .............................................. 351
Macon Circuit; salary supplements of judges and district attorney........... 343
McDuffie County; clerk, compensation....................................... 4527
McIntosh County; grand juries, drawing and length of terms.................. 4054
Muscogee County; compensation of clerk and chief deputy clerk .............. 4314
Muscogee County; salary supplement of judges................................ 4157
Rockdale County; compensation of clerk..................................... 4152
Salaries and fees; judges and district attorneys ........................... 808
Sheriffs; minimum annual salaries; additional compensation for certain services... 783
Southern Circuit; county supplements to judges salaries.................... 852
South Georgia Circuit; supplemental compensation of judges.................. 983
Southwestern Circuit; Stewart County terms changed ......................... 440
Southwestern Circuit; terms of Webster Superior Court changed............... 439
Tallapoosa Circuit; district attorneys supplemental expense allowance...... 339
Walker County; maximum compensation of clerks office personnel............ 5186
Webster County; terms changed............................................... 439
Western Circuit; county supplements to judges compensation, additional judge ... 723
White County; clerk, manner of compensating changed......................... 4497
Wilcox County; manner of compensating clerk changed......................... 4141
Wilkinson County; manner of compensating clerk changed...................... 3983
JUVENILE COURTS
Cobb County; compensation of judge......................................... 4364
Judges, appointment, commissioning by Secretary of State.................... 565
Protective Orders........................................................... 562
INDEX
1759
PROBATE COURTS
Bleckley County; compensation of judge ..................................... 4057
Bulloch County; compensation of clerk....................................... 4020
Chatham County; act relating to compensation of clerk repealed.............. 4438
Clayton County; appeals, jury trials, etc................................... 5268
Clayton County; compensation of judge....................................... 4180
Cobb County; additional deputy clerk........................................ 4385
Cobb County; compensation of clerk changed.................................. 3846
Gilmer County; salary of judge changed...................................... 3969
Jones County; compensation of judge and court personnel..................... 4083
Minimum compensation of probate judges serving as chief magistrate.......... 442
Muscogee County; compensation of judge...................................... 4316
Orders setting date for response to petitions; granting petitions without hearing .. 970
Richmond County; certain restrictions on judge emeritus removed............. 4242
Rockdale County; compensation of judge...................................... 4035
Towns County; judges operating expenses subject to approval of governing
authority.............................................................. 4125
Union County; compensation and allowances of judge....... .................. 4705
Walker County; maximum compensation of personnel changed.................... 5236
Wilkinson County; salaries of judge and employees, periodic increases....... 5233
STATE COURTS
Bacon County; court created, terms, practice, procedure, etc................ 5191
Baldwin County; compensation of judge and solicitor......................... 3817
Burke County; expense allowance of solicitor................... ............ 3755
Chatham County; appointment of clerk provided for........................... 3862
Chatham County; position of sheriff abolished............................... 4175
Chattooga County; act creating amended..................................... 4488
Clayton County; authority and duties of clerk and deputy clerks............. 4177
Clayton County; compensation of judges...................................... 4306
Clayton County; solicitor, restrictions on private practice, salary......... 4182
Cobb County; compensation of judge.......................................... 4387
Cobb County; second division created........................................ 4256
DeKalb County; additional assistant solicitor............................... 4343
Fulton County; office of chief clerk created................................ 4052
Glynn County; compensation of clerk......................................... 3542
Gwinnett County; compensation of judges changed............................. 3875
Jeff Davis County; court created, jurisdiction, procedure, etc.............. 5257
Jefferson County; compensation of judge and solicitor, terms of court....... 3911
Johnson County; state court abolished....................................... 4164
Muscogee County; compensation of judge, solicitor and assistant solicitor .. 4447
Solicitors, legal experience qualifications changed......................... 388
Spalding County; compensation of judge and solicitor........................ 4201
Tattnall County; compensation of clerical assistant to solicitor............ 3990
Troup County; compensation of judge and solicitor.......................... 3962
Troup County; drawing, summoning and impaneling jurors...................... 4047
1760
INDEX
SMALL CLAIMS COURTS
Troup County; salary of judge............................................... 3960
MAGISTRATE COURTS
Bryan County; manner of appointment of magistrates.......................... 4162
Butts County; manner of appointing magistrates, compensation................ 4308
Calhoun County; probate judge designated chief magistrate................... 3880
Candler County; manner of appointment of magistrates........................ 4199
Chatham County; election of chief magistrate, etc........................... 4422
Chattooga County; probate judge designated chief magistrate................. 4198
Clarke County; qualifications, salary of chief magistrate................... 3649
Clayton County; manner of appointing chief magistrate, etc................... 4411
Colquitt County; manner of appointment and term of chief magistrate.......... 4190
Cook County; judge of probate court designated chief magistrate............. 4090
Dodge County; manner of appointment and term of chief magistrate ............ 4196
Dooly County; manner of selecting chief magistrate........................... 3864
Dougherty County; terms of magistrates ...................................... 4694
Douglas County; provisions for practice, procedure, etc..................... 3952
Early County, probate judge designated chief magistrate..................... 4645
Echols County; judge of probate court designated chief magistrate........... 3727
Evans County; manner of appointment of chief magistrate..................... 3882
Forsyth County; probate judge designated chief magistrate, etc.............. 4293
Fulton County; appointment of part-time magistrates......................... 4952
Greene County; probate judge designated chief magistrate.................... 4633
Habersham County; costs to include law library fees......................... 4647
Hancock County; appointment of chief magistrate ............................ 3805
Houston County; selection and compensation of magistrates .................. 3652
Jasper County; appointment, compensation, etc. of chief magistrate ......... 3785
Jefferson County; appointment of magistrates provided for .................. 3917
Jenkins County; chief magistrate, how appointed ............................ 4111
Johnson County; manner of selecting chief magistrate ....................... 4006
Lamar County; appointment of magistrates.................................... 4561
Laurens County; election of chief magistrate, qualifications, etc........... 4638
Law amended................................................................. 1096
Liberty County; manner of selecting magistrates changed..................... 3770
Long County; manner of appointment of chief magistrate...................... 4696
Lumpkin County; term of office of chief magistrate, election of successor... 3777
Marion County; probate judge designated chief magistrate.................... 4605
McDuffie County; appointment of chief magistrate, etc....................... 4524
Miller County; probate judge designated chief magistrate.................... 4529
Minimum compensation of probate judges serving as chief magistrate.......... 442
Montgomery County probate judge designated chief magistrate,
compensation, etc....................................................... 4379
Morgan County; appointment of constables, law library fees.................. 4398
Murray County; selection of magistrates, compensation........................ 4061
Muscogee County; judge of municipal court of Columbus and Muscogee County
designated chief magistrate............................................. 4109
Newton County; probate judge designated chief magistrate, etc............... 5132
Oconee County; judge of probate court designated chief magistrate........... 4043
INDEX
1761
Pulaski County; appointment of chief magistrate, terms of office, etc........ 4100
Putnam County; appointment of chief magistrate provided for.................. 3788
Quitman County; probate judge designated chief magistrate.................... 3978
Randolph County; appointment, terms and compensation of magistrates.......... 3638
Richmond County; provisions for court ...................................... 4467
Seminole County; judge of probate court designated chief magistrate......... 3834
Spalding County; costs, practice and procedure.............................. 4531
Talbot County; probate judge designated chief magistrate ................... 4709
Taliaferro County; judge of probate court designated chief magistrate....... 4264
Toombs County; chief magistrate, how appointed.............................. 4113
Towns County; probate judge designated chief magistrate..................... 4139
Treutlen County; probate judge designated chief magistrate.................. 4114
Union County; probate judge designated chief magistrate..................... 4287
Walton County; judge of probate court designated chief magistrate........... 3901
Warren County; appointment and compensation of chief magistrate and clerk . .. 4362
Webster County; provisions made for court................................... 4451
Wheeler County; probate judge designated chief magistrate................... 3992
Whitfield County; election and terms of chief magistrate, etc............... 4159
Wilcox County; appointment of chief magistrate.............................. 4098
Wilkes County; appointment, compensation and duties of chief magistrate..... 4559
Wilkinson County; probate judge designated chief magistrate ................ 3980
MUNICIPAL, RECORDERS AND POLICE COURTS
Alpharetta, City of; municipal court, salary of judge....................... 4338
Chatham County; recorders court terms....................................... 4087
Chatsworth, City of; recorders court established........................... 4298
Columbus, Georgia; recorders court, appointment of clerks and clerks
pro tempore ............................................................ 4059
Columbus, Georgia; municipal court, compensation of judge, clerk and marshal .. 4491
Loganville, City of; maximum fining and forfeiture authority of recorder,
qualifications.......................................................... 5253
Milledgeville, City of; police court changed to municipal court, provision for
deputy recorder......................................................... 4250
Rochelle, City of; punishment permitted to be imposed....................... 5135
Savannah, City of; municipal court abolished................................ 4422
Statesboro, City of; residency of recorder................................... 4649
Tallulah Falls, Town of; maximum punishment by municipal court.............. 4690
COUNTIES AND COUNTY MATTERS
NAMED COUNTIES
Bacon County; board of commissioners, commissioner districts, etc........... 4661
Bacon County; state court created, terms, practice, procedure, etc.......... 5191
Baker County; board of education, compensation of chairman and members...... 4050
Baldwin County; election of commissioners from districts, terms of office.... 3675
Baldwin County; state court, compensation of judge and solicitor............. 3817
Barrow County; board of commissioners, compensation of chairman ............ 4702
Ben Hill County; board of commissioners, election, compensation,
etc. of members......................................................... 3887
1762
INDEX
Berrien County; act creating board of commissioners amended, referendum...... 4823
Berrien County; superior court, mode of compensating clerk changed........... 4168
Bibb County; civil court jurisdiction changed................................ 3877
Bibb County; land conveyance to board of commissioners....................... 332
Bleckley County; compensation of commissioner changed........................ 3955
Bleckley County; compensation of sheriff..................................... 3942
Bleckley County; compensation of tax commissioner............................ 3944
Bleckley County; probate court, compensation of judge..................:.... 4057
Bleckley County; superior court, compensation of clerk....................... 4071
Brooks County; board of commissioners, membership, election districts, etc... 3680
Brooks County; board of education, election districts, etc................... 3717
Brooks County; superior court, method of compensating clerk changed.......... 3724
Bryan County; magistrate court, manner of appointment of magistrates......... 4162
Bulloch County; compensation of clerks of commissioners...................... 4022
Bulloch County; compensation of tax commissioners assistants................ 4015
Bulloch County; constitutional amendment authorizing use of local sales tax by
school system continued................................................. 4013
Bulloch County; probate court, compensation of clerk......................... 4020
Bulloch County; sheriffs deputies and office clerk, compensation............ 4150
Bulloch County; superior court, compensation of clerks employees............ 4017
Burke County; board of commissioners, compensation of members................ 4400
Burke County; expense allowance of state court solicitor..................... 3755
Butts County; magistrate court, manner of appointing magistrates,
compensation............................................................ 4308
Butts County; office of treasurer abolished, referendum...................... 3588
Butts County; superior court clerk, compensation............................. 4005
Calhoun County; magistrate court, probate judge designated chief magistrate .... 3880
Camden County; homestead exemptions for persons 62 and older, referendum ... 3848
Candler County; magistrate court, manner of appointment of magistrates....... 4199
Carroll County; compensation of coroner changed.............................. 3871
Catoosa County; additional homestead exemption from school taxes (residents 62
and over), referendum................................................... 4321
Catoosa County; board of utilities commissioners, jurisdiction and powers.... 4359
Catoosa County; compensation and allowances of commissioner and certain
personnel............................................................... 4002
Catoosa County; superior court clerks office, allowance for clerical help... 4494
Catoosa County; tax commissioner, compensation and amount payable for help .. 4371
Charlton County; board of commissioners authorized to fix their compensation,
limitation.............................................................. 4393
Chatham County; board of elections created, qualifications of members, etc... 5197
Chatham County; laws relative to governing authority revised................. 5050
Chatham County; magistrate court, election of chief magistrate, etc.......... 4422
Chatham County; probate court, act relating to compensation of clerk repealed .. 4438
Chatham County; recorders court, terms...................................... 4087
Chatham County; state court, appointment of clerk provided for............... 3862
Chatham County; state court, position of sheriff abolished................... 4175
Chattooga County; magistrate court, probate judge designated chief magistrate .. 4198
Chattooga County; state court, act creating amended.......................... 4488
Cherokee County; superintendent of schools, appointment by board of education,
referendum............................................................ 3580
Clarke County; board of elections and registration created................... 3946
INDEX
1763
Clarke County; qualifications, salary of chief magistrate....................... 3649
Clayton County; board of commissioners, compensation of chairman.................... 4184
Clayton County; board of education, compensation of members ........................ 4413
Clayton County; compensation of tax commissioner and deputy tax
commissioner ................................................................ 4516
Clayton County; magistrate court, manner of appointing chief magistrate, etc. ... 4411
Clayton County; probate court, appeals, jury trials, etc............................ 5268
Clayton County; probate court, compensation of judge................................ 4180
Clayton County; state court, authority and duties of clerk and deputy clerks .... 4177
Clayton County; state court, compensation of judges................................. 4306
Clayton County; state court solicitor, restrictions on private practice, salary.4182
Clayton County; superior court, compensation of sheriff, clerk and deputy clerk . 4210
Cobb County; cobb county-marietta water authority, composition of
members, etc................................................................. 4345
Cobb County; cobb county stadium authority act enacted.......................... 4727
Cobb County; juvenile court, compensation of judge.................................. 4364
Cobb County; probate court, additional deputy clerk.......................... 4385
Cobb County; probate court, compensation of clerk changed............. 3846
Cobb County; school district, compensation of chairman and members of board . 3819
Cobb County; state court, compensation of judge....................... 4387
Cobb County; state court, second division created..................... 4256
Cobb County; superior court, number of assistant district attorneys increased ... 5188
Coffee County; board of education, compensation of members...................... 4483
Colquitt County; magistrate court, manner of appointment and term of chief
magistrate.................................................................... 4190
Columbia County; penalties for violation of ordinances authorized.............. 4000
Columbia County; school district, additional homestead exemption for persons
over 62, referendum............................................................ 4609
Columbia County; tax commissioner, compensation changed ............................ 4478
Cook County; board of commissioners, composition of election districts.......... 3939
Cook County; magistrate court, judge of probate court designated chief
magistrate..................................................................... 4090
Coweta County; board of education, composition, election and terms of members,
referendum..................................................................... 3704
Coweta County; road districts changed, election of commissioners................ 3694
Crisp County; board of commissioners, compensation of members..................... 4067
Crisp County; commissioners, number, election districts, etc., referendum..... 4352
Dade County; board of commissioners created, referendum ......................... 3564
Dade County; board of education, election of members, etc., referendum........... 3575
Decatur County; board of commissioners, act creating amended........................ 4426
DeKalb County; board of commissioners, effect of member qualifying to run
for other elective office...................................................... 4916
DeKalb County; board of commissioners, resignation of member to run for other
elective office................................................................ 4675
DeKalb County; board of education, non-partisan election of members,
procedures..................................................................... 4192
DeKalb County; recorders court and magistrate court study commission created. 5048
DeKalb County; state court, additional assistant solicitor........................ 4343
Dodge County; magistrate court, manner of appointment and term of chief
magistrate..................................................................... 4196
Dodge County; provision for appointed school superintendent, referendum........ 3531
1764
INDEX
Dooly County; magistrate court, manner of selecting chief magistrate............. 3864
Dougherty County; magistrate court, terms of magistrates......................... 4694
Douglas County; board of commissioners, compensation of chairman................. 4069
Douglas County; board of elections created....................................... 5270
Douglas County; coroner, compensation changed.................................... 3790
Douglas County; provisions for magistrate court, practice, procedure, etc........ 3952
Early County; magistrate court, probate judge designated chief magistrate ....... 4645
Echols County; magistrate court, judge of probate court designated chief
magistrate.............................................................. 3727
Emanuel County; board of commissioners, election of members, powers, duties and
procedures of board .................................................. 3822
Emanuel County; board of education, composition of election districts changed .. 5202
Emanuel County; compensation of tax commissioner............................. 4254
Evans County; magistrate court, manner of appointment of chief magistrate........ 3882
Fayette County; coroner, compensation ....................................... 4045
Floyd County; approval of governing authority of salaries of certain officials. 4340
Floyd County; board of commissioners, salaries of members.................. 4374
Floyd County; superior court, compensation of clerk, periodic increases.... 4402
Floyd County; tax commissioner, compensation of commissioner and of chief
deputy.................................................................. 4405
Forsyth County; authorized to impose business and occupational license taxes,
referendum.............................................................. 4144
Forsyth County; magistrate court, probate judge designated chief magistrate,
etc..................................................................... 4293
Fulton County; authorized to levy and collect business and occupational license
taxes................................................................... 4148
Fulton County; board of education, election of members, education districts,
referendum.............................................................. 3591
Fulton County; constitutional amendment relating to tax exemption of certain
cabbagetown properties continued........................................ 4595
Fulton County; county-wide library system, composition of board of trustees,
etc..................................................................... 4711
Fulton County; magistrate court, appointment of part-time magistrates............ 4952
Fulton County; pension board of county school employees, method of selecting
members, etc............................................................ 4455
Fulton County; state court, office of chief clerk created........................ 4052
Gilmer County; compensation of commissioner.................................. 5130
Gilmer County; gilmer county water and sewerage authority act enacted........ 5215
Gilmer County; probate court, salary of judge changed........................ 3969
Gilmer County; terms of superior court changed................................ 331
Glynn County; board of commissioners, erroneous description of election districts
corrected............................................................... 4442
Glynn County; brunswick-glynn county charter commission, time to complete
work extended........................................................... 5205
Glynn County; clerk of state court, compensation............................. 3542
Gordon County; board of education, composition of board posts................ 3899
Gordon County; composition of commissioner districts......................... 3896
Grady County; board of commissioners, election districts reapportioned,
qualifications of members, etc.......................................... 4026
Grady County; board of education, compensation of members........................ 4024
Grady County; board of education, single-member election districts............... 4679
INDEX
1765
Greene County; board of commissioners, election of members, terms, etc........ 4628
Greene County; compensation of certain personnel changed...................... 4685
Greene County; magistrate court, probate judge designated chief magistrate.... 4633
Greene County; tax receiver, compensation of clerical help.................... 4303
Gwinnett County; board of education, certain education districts changed...... 4435
Gwinnett County; state court, compensation of judges changed.................. 3875
Gwinnett County; superior court, supplemental compensation for judges ........ 3868
Habersham County; commissioners, election, terms of office, referendum........ 3671
Habersham County; constitutional amendment relating to imposition of alcoholic
beverage tax continued................................................... 4173
Habersham County; constitutional amendment relating to sales and use tax for
educational purposes continued........................................... 4123
Habersham County; magistrate court costs to include law library fees.......... 4647
Hancock County; appointment of chief magistrate .............................. 3805
Hancock County; chairman of board of commissioners as full-time county
administrator............................................................. 3814
Harris County; board of commissioners, election districts, etc................ 3534
Harris County; board of education, competitive bidding on purchases over
$1500.00................................................................ 4349
Harris County; board of education, districts, terms, qualifications of members,
referendum................................................................ 3608
Harris County; board of education, election districts, terms, qualifications of
members, referendum....................................................... 3523
Harris County; harris county airport authority act enacted.................... 5239
Harris County; homestead exemptions, referendum................................ 3766
Harris County; license fees, assessment and collection authorized.............. 4323
Heard County; franklin-heard county water authority act enacted................ 4613
Henry County; board of commissioners, commissioner districts changed........... 4415
Henry County; compensation for certain officials, provisions for employees.... 4698
Houston County; houston county water and sewer study commission created,
appointment and qualifications of members, functions of commission....... 5210
Houston County; selection and compensation of magistrates .................... 3652
Jasper County; board of commissioners, election of members, etc................ 3807
Jasper County; chief magistrate, appointment, compensation, etc................ 3785
Jeff Davis County; composition of commissioner districts, manner of election of
commissioners, etc........................................................ 3688
Jeff Davis County; state court created, jurisdiction, procedure, etc.......... 5257
Jefferson County; board of commissioners, powers, duties, qualifications of members,
procedures................................................................ 3627
Jefferson County; magistrate court, appointment of magistrates provided for .... 3917
Jefferson County; state court, compensation of judge and solicitor, terms of
court..................................................................... 3911
Jenkins County; magistrate court, chief magistrate, how appointed............. 4111
Johnson County; magistrate court, manner of selecting chief magistrate........ 4006
Johnson County; state court abolished.......................................... 4164
Jones County; board of commissioners, membership reconstituted, etc.......... 5177
Jones County; board of education reconstituted, referendum................... 4459
Jones County; clerk of superior court, method of compensating changed ....... 3740
Jones County; compensation of sheriff and department employees............... 3743
Jones County; compensation of tax commissioner and personnel................... 4080
Jones County; homestead exemptions, referendum................................. 3926
1766
INDEX
Jones County; probate court, compensation of judge and court personnel...... 4083
Lamar County; magistrate court, appointment of magistrates ................. 4561
Lamar County; superior court clerk, mode of compensating changed............ 3904
Laurens County; magistrate court, election of chief magistrate, qualifications,
etc..................................................................... 4638
Liberty County; constitutional amendments relating to industrial authority
continued............................................................... 3873
Liberty County; magistrate court, manner of selecting magistrates changed... 3770
Lincoln County; board of commissioners, compensation of members other than
chairman................................................................ 4205
Lincoln County; superior court terms changed.................................. 351
Long County; magistrate court, manner of appointment of chief magistrate.... 4696
Lumpkin County; chief magistrate, term of office, election of successor..... 3777
Lumpkin County; lumpkin county water and sewerage authority act enacted .... 4500
Macon County; constitutional amendment regarding popular election of school
board continued......................................................... 3858
Marion County; magistrate court, probate judge designated chief magistrate.. 4605
Marion County; sheriff, compensation of deputy changed....................... 4440
McDuffie County; board of commissioners, compensation and allowances of
members ................................................................ 4521
McDuffie County; compensation of sheriff and employees of sheriff........... 4519
McDuffie County; magistrate court, appointment of chief magistrate, etc..... 4524
McDuffie County; salary of coroner changed................................... 4692
McDuffie County; superior court clerk, compensation.......................... 4527
McIntosh County; appointment of school superintendent by board of education,
referendum.............................................................. 4106
McIntosh County; board of education, compensation of chairman and members
changed................................................................. 5231
McIntosh County; board of education, terms of office of members, referendum... 4103
McIntosh County; superior court, grand juries, drawing and length of terms.. 4054
Miller County; magistrate court, probate judge designated chief magistrate.. 4529
Mitchell County; board of education, compensation of chairman and members... 4383
Montgomery County; county attorney not required to be a resident of county ... 4116
Montgomery County; magistrate court, probate judge designated chief magistrate,
compensation, etc..................................................... 4379
Morgan County; magistrate court, appointment of constables, law library fees ... 4398
Murray County; board of elections created.................................... 4009
Murray County; magistrate court, selection of magistrates, compensation..... 4061
Muscogee County; magistrate court, judge of municipal court of columbus and
muscogee county designated chief magistrate............................. 4109
Muscogee County; probate court, compensation of judge........................ 4316
Muscogee County; salary of sheriff........................................... 4607
Muscogee County; state court, compensation of judge, solicitor and assistant
solicitor .............................................................. 4447
Muscogee County; superior court, compensation of clerk and chief deputy clerk . 4314
Muscogee County; superior court, salary supplement of judges ............... 4157
Muscogee County; tax commissioner, compensation ............................. 4154
Newton County; board of commissioners, composition of member districts...... 3507
Newton County; education districts........................................... 3501
Newton County; magistrate court, probate judge designated chief magistrate,
etc..................................................................... 5132
INDEX
1767
Oconee County; magistrate court, judge of probate court designated chief
magistrate............................. ................................ 4043
Oglethorpe County; office of tax commissioner created........................ 4485
Paulding County; board of commissioners, compensation of chairman............ 4078
Paulding County; board of education, composition of education districts...... 5146
Peach County; authorized to regulate rates of certain water and sewer
companies.............................................................. 4377
Peach County; board of commissioners, compensation of members................ 4289
Pike County; board of commissioners, new commissioner districts, etc......... 4586
Pulaski County; magistrate court, appointment of chief magistrate,
terms of office, etc.................................................... 4100
Putnam County; additional homestead exemption for persons 65 or older;
referendum.............................................................. 4657
Putnam County; magistrate court, appointment of chief magistrate provided for . 3788
Quitman County; magistrate court, probate judge designated chief magistrate ... 3978
Rabun County; compensation of sheriff, etc................................... 4707
Rabun County; constitutional amendment providing for levy of sales and use tax by
board of education continued............................................ 3866
Randolph County; appointment, terms and compensation of magistrates.......... 3638
Richmond County; board of education, composition of board, election districts, etc.,
referendum.............................................................. 5119
Richmond County; compensation of certain officials........................... 4642
Richmond County; magistrate court, provisions made for same.................. 4467
Richmond County; new board of commissioners created.......................... 4245
Richmond County; probate court, certain restrictions on judge
emeritus removed ....................................................... 4242
Rockdale County; board of commissioners compensation of members ............. 4041
Rockdale County; compensation of public defender ............................ 3644
Rockdale County; compensation of sheriff..................................... 4037
Rockdale County; compensation of tax commissioner............................ 4033
Rockdale County; coroner, automobile expense allowance....................... 4039
Rockdale County; probate judge, compensation................................. 4035
Rockdale County; sheriffs department, merit board created................... 3747
Rockdale County; superior court clerk, compensation.......................... 4152
Screven County; board of commissioners, compensation of chairman and
members ................................................................ 3884
Seminole County; board of commissioners, boundaries of commissioners
districts............................................................... 4073
Seminole County; magistrate court, judge of probate court designated chief
magistrate.............................................................. 3834
Spalding County; compensation of coroner..................................... 4534
Spalding County; magistrate court, costs, practice and procedure............. 4531
Spalding County; state court, compensation of judge and solicitor............ 4201
Stewart County; board of commissioners created, election, terms of office,
compensation, referendum................................................ 3513
Stewart County; terms of superior court changed............................... 440
Talbot County; magistrate court, probate judge designated chief magistrate... 4709
Taliaferro County; magistrate court, judge of probate court designated chief
magistrate.............................................................. 4264
Tattnall County; sheriffs patrol automobiles ............................... 4118
Tattnall County; state court, compensation of clerical assistant to solicitor ....... 3990
1768
INDEX
Thomas County; office of county manager created............................... 3751
Toombs County; board of education authorized to appoint school superintendent,
referendum................................................................ 4273
Toombs County; board of education, election of members, education districts,
etc....................................................................... 4669
Toombs County; magistrate court, chief magistrate, how appointed.............. 4113
Towns County; constitutional amendment regarding levy of sales and use tax
continued................................................................. 3793
Towns County; magistrate court, probate judge designated chief magistrate .... 4139
Towns County; office of commissioner as governing authority created............ 4130
Towns County; office of tax commissioner created............................... 4135
Towns County; probate judges operating expenses subject to arrival of governing
authority................................................................. 4125
Towns County; sheriffs deputies............................................... 4128
Treutlen County; magistrate court, probate judge designated chief magistrate.... 4114
Troup County; constitutional amendment providing for division of county into school
districts, etc., continued................................................ 3860
Troup County; salaries of specified officers changed ....................... 3965
Troup County; salary of coroner............................................. 4882
Troup County; small claims court, salary of judge........................... 3960
Troup County; state court, compensation of judge and solicitor ........ 3962
Troup County; state court, drawing, summoning and impaneling jurors ........ 4047
Turner County; board of commissioners, composition, election of members, etc.,
referendum................................................................ 4563
Turner County; board of education, education districts, election of members, etc.,
referendum................................................................ 4862
Twiggs County; board of commissioners, method of filling vacancies on board ... 4120
Twiggs County; board of education, method of filling vacancies ............... 3994
Union County; compensation and allowances of probate judge..................... 4705
Union County; magistrate court, probate judge designated chief magistrate..... 4287
Union County; office of commissioner created................................... 4281
Union County; office of treasurer abolished.................................... 4166
Upson County; appointment of school superintendent by school board..... 4367
Upson County; board of education, education districts changed, referendum.. 4576
Upson County; city of thomaston, act creating joint board of tax assessors
repealed.................................................................. 3544
Upson County; commissioner election districts etc., referendum ............... 3729
Walker County; compensation of coroner changed................................. 4687
Walker County; probate court, maximum compensation of personnel changed ... 5236
Walker County; superior court clerk, maximum compensation of office personnel. 5186
Walker County; tax commissioner, compensation of office personnel ............ 4950
Walton County; magistrate court, judge of probate court designated chief
magistrate................................................................ 3901
Ware County; board of commissioners, act creating amended...................... 4395
Ware County; constitutional amendment providing for election of board of education,
etc., continued........................................................... 3760
Ware County; office of treasurer abolished .................................... 4369
Warren County; magistrate court, appointment and compensation of chief magistrate
and clerk................................................................. 4362
Warren County; office of treasurer abolished .................................. 4207
Wayne County; board of education, education districts changed, referendum .... 3971
INDEX
1769
Webster County; compensation of commissioner.................................. 3907
Webster County; compensation of treasurer..................................... 3909
Webster County; magistrate court, provisions made for same.................... 4451
Webster County; superior court terms changed.................................. 439
Wheeler County; board of education, election of members, referendum........... 3601
Wheeler County; magistrate court, probate judge designated chief magistrate .... 3992
White County; superior court clerk, manner of compensating changed ........... 4497
White County; tax commissioner, manner of compensating changed................ 4381
White County; white county water and sewerage authority act................... 4920
Whitfield County; magistrate court, election and terms of chief magistrate, etc. .. 4159
Wilcox County; magistrate court, appointment of chief magistrate.............. 4098
Wilcox County; office of tax commissioner created............................. 4094
Wilcox County; superior court, manner of compensating clerk changed........... 4141
Wilkes County; board of education created, district election of members, etc.,
referendum............................................................... 3838
Wilkes County; commissioner districts, election of commissioners.............. 3658
Wilkes County; magistrate court, appointment, compensation and duties of chief
magistrate............................................................... 4559
Wilkinson County; homestead exemptions, referendum............................ 3772
Wilkinson County; magistrate court, probate judge designated chief magistrate .. 3980
Wilkinson County; probate court, salaries of judge and employees, periodic
increases................................................................ 5233
Wilkinson County; sheriff and employees, compensation, periodic increases..... 4480
Wilkinson County; superior court, manner of compensating clerk changed........ 3983
Wilkinson County; tax commissioner, annual salary, salaries of personnel, periodic
increases................................................................ 4635
Worth County; board of commissioners, compensation of chairman and
members ................................................................. 3892
COUNTIES AND COUNTY MATTERS BY POPULATION
20,900-21,200; boards of education compensation, repealed..................... 443
350.000 or more; superior court clerks fees................................. 617
450.000 or more; superior court clerks costs............................... 500
550.000 or more; act providing for volunteer legal service agencies amended. 4092
550,000 or more; appointing public defender.................................. 495
COUNTY MATTERSHOME RULE AMENDMENTS
Butts County; county treasurer as ex-officio clerk, etc....................... 5279
Clayton County; death benefits under the system of pensions and retirement
pay...................................................................... 5282
Clayton County; funds for advertising and promoting county.................... 5287
DeKalb County; board of zoning appeals........................................ 5293
DeKalb County; merit system council, election of chairman.................... 5298
DeKalb County; merit system council, appeals................................. 5303
Fayette County; purchases on competitive bids................................. 5308
Fulton County; judges and solicitors general pension fund..................... 5311
Gordon County; purchase and disposition of property, etc...................... 5318
Rockdale County; commission meetings.......................................... 5323
1770
INDEX
MUNICIPAL CORPORATIONS
NAMED CITIES
Adrian; charter enacted ...................................................... 4745
Alpharetta; limit on contracts allowable without bidding...................:.. 4335
Alpharetta; municipal court, salary of judge.................................. 4338
Alpharetta; salaries of mayor and members of city council..................... 4318
Atlanta; constitutional amendment relating to tax exemption of certain cabbagetown
properties continued....................................................... 4595
Atlanta; restrictions on city changing utilization of certain property over western
and atlantic railroad...................................................... 491
Austell; constitutional amendment relative to issuance of revenue anticipation
obligations continued..................................................... 3836
Blairsville; new charter....................................................... 4967
Brunswick; act of incorporation amended ........................................ 4475
Brunswick; brunswick-glynn county charter commission, time to complete work
extended .................................................................. 5205
Cairo; corporate limits extended................................................ 3894
Camilla; mayor and councilmen, vacancies in office, how filled................ 3758
Cedartown; homestead exemptions, referendum.................................... 4261
Chatsworth; recorders court established........................................ 4298
Columbus, Georgia; manner of publication of certain ordinances................, 3647
Columbus, Georgia; municipal court, compensation of judge, clerk and marshal .. 4491
Columbus, Georgia; recorders court, appointment of clerks and clerks pro
tempore.................................................................... 4059
Columbus, Georgia; requirements regarding membership of boards and
commissions................................................................ 4064
Concord; new charter............................................................ 4793
Conyers; homestead exemption for persons 62 and over, referendum.............. 4884
Dallas; corporate limits changed .. .:........................................ 3988
Decatur; commissioner election districts, etc.................................. 4601
Douglasville; election of mayor and councilmen, wards changed, etc............ 5137
East Point; elections for mayor and council.................................... 3665
Elberton; wards established and defined, election of councilmen................ 3634
Forest Park; corporate limits extended ........................................ 4187
Fort Oglethorpe; corporate limits changed....................................... 4998
Fort Oglethorpe; corporate limits changed...................................... 5109
Franklin; franklin-heard county water authority act enacted ................... 4613
Gordon; homestead exemptions, referendum....................................... 3923
Gray; election of aldermen..................................................... 3930
Hapeville; date of municipal elections.......................................... 4599
Hiawassee; terms of mayor and councilmen, resolutions and ordinances,
how adopted............................................................... 3763
Jesup; corporate limits changed............................................ ... 4266
Kennesaw; corporate limits changed.............................................. 4269
Kennesaw; corporate limits changed............................................. 4873
LaGrange; downtown development authority, limits of downtown lagrange
district.................................................................. 3919
Lake City; mayor and members of council, terms of office...................... 3957
Lexington; time for holding municipal elections changed......................... 3937
Lincolnton; new charter......................................................... 4829
INDEX
1771
Loganville; recorder, qualifications, maximum fining and forfeiture authority .... 5253
Louisville; regular municipal elections date changed........................ 3915
Macon; corporate limits changed............................................. 3583
Marietta; cobb county-marietta water authority, composition of membership,
etc.................................................................... 4345
Marietta; corporate limits changed ......................................... 5004
Maxeys; new charter................................. ....................... 4887
McIntyre, Town of; corporate limits extended................................ 3624
Milledgeville; mayor and aldermen, election and terms of office............. 3852
Milledgeville; police court changed to municipal court, provision for deputy
recorder.............................................................. 4250
Monticello; mayor and councilmen, election procedures....................... 3779
Moreland; corporate limits changed........................................... 4408
Moultrie; charter amendments................................................. 4955
Mountain Park; charter amendments relating to mayors court, etc............... 5126
Nelson; election of mayor and councilmen....................... ............ 4877
Newnan; district election of aldermen, etc................................... 3795
North High Shoals; election of mayor and council provided for............... 3997
Palmetto; mayor and councilmen, term of office, referendum.................. 4390
Peachtree City; airport authority act....................................... 4935
Perry; acts of council, resolutions and ordinances.......................... 3668
Perry; composition of council districts, election of councilmen, residency
requirements............................................................ 3654
Pooler; corporate limits defined............................................ 4326
Powder Springs; downtown development authority, powers, etc................. 3801
Ringgold; corporate limits further defined................................... 4171
Riverdale; corporate limits changed.......................................... 4653
Rochelle; mayors or recorders court, punishment permitted to be imposed ..5135
Rossville; certain territory excluded from corporate limits................. 5114
Santa Claus; charter enacted................................................. 5077
Savannah; municipal court abolished ......................................... 4422
Sky Valley; charter amendments............................................... 4310
Snellville; certain territory included in corporate limits.................. 4291
Soperton; new charter........................................................ 4212
Stapleton; name changed from town of Stapleton to city of Stapleton......... 4296
Statesboro; residency of recorder............................................ 4649
Talbotton; new charter....................................................... 4536
Tallulah Falls; municipal court, maximum punishment to be imposed by same .. 4690
Tallulah Falls; new charter.................................................. 3547
Thomaston-Upson County; act creating joint board of tax assessors repealed .... 3544
Whigham; new charter......................................................... 5152
Woodstock; election of mayor, term of office................................ 3641
Zebulon; election of council members by district, etc....................... 3829
MUNICIPALITIESHOME RULE AMENDMENTS
Albany; improvement of alleys, assessment of costs ......................... 5331
Americus; salaries of mayor, mayor pro-tem and aldermen..................... 5334
Atlanta; ceta changed to asset atlanta .................................. 5352
Atlanta; head of the office of contract compliance.......................... 5363
Atlanta; plan of reorganization of administrative departments............... 5337
1772
INDEX
Atlanta; procedures and requirements for submitting initiatives and referenda to
voters.................................................................. 5376
Atlanta; residency provisions for persons serving on boards, commissions and
councils ............................................................... 5358
Atlanta; rules and procedures for modifying pension laws..................... 5369
Decatur; maximum amount of ad-valorem tax.................................... 5382
Dillard; appointment and qualifications of recorder ......................... 5387
Doraville; salary of city councilmen....................................... 5392
Doraville; salary of mayor .................................................. 5389
Elberton; recorders fining authority........................................ 5395
Fitzgerald; formula for calculating annual payments to city by water light and
bond commission......................................................... 5407
Fitzgerald; water and light and bond commission, powers, etc................. 5399
Harlem: authority of recorder to impose fines ............................... 5415
Macon; encroachment permits, authority to grant.............................. 5418
Marietta; provision as to certain educational funds repealed ................ 5422
Morrow; authority of recorder to impose fines and punishment................. 5426
Newnan; authority of mayors or recorders court to impose punishment........ 5432
Plains; authority of municipal court to impose fines and punishments......... 5435
Pooler; composition of aldermanic board, etc................................. 5438
Thomaston; authority of mayor and council to appoint a deputy city clerk, etc... 5444
Thomasville; investments of pension fund..................................... 5463
Thomasville; police court changed to municipal court, procedures, etc.... 5468
Thomasville; salary of mayor and commissioners............................... 5458
Thomasville; street paving assessments....................................... 5450
Toccoa; compensation of mayor, vice mayor and commission members............. 5480
Toccoa; limitation on purchases without competitive bids..................... 5475
Zebulon; authority of mayors court to impose fines and punishments.......... 5484
RESOLUTIONS AUTHORIZING COMPENSATION
Ahearn, Grace E.............................................................. 4716
Amerson, J. C. and Lavada.................................................... 4724
DuVernois, Frances J......................................................... 4723
Henggeler, Duane E........................................................... 4721
Snow, Peggy J................................................................ 4722
Tracy, Phillip .............................................................. 4450
RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND
EASEMENTS
American Heart Association, Repealed........................................... 494
Bibb County Board of Commissioners ........................................... 332
Board of Regents of the University System of Georgia ......................... 978
Chattanooga, Tennessee, land located in....................................... 487
Dalton, City of, land located in.............................................. 489
Floyd County, land located in.................................................. 753
Graysville Methodist Church.................................................... 735
Georgia Trust for Historic Preservation, Inc.................................. 732
Henry County Soil and Water Conservation District or to Henry County.......... 729
Lord Company, The ............................................................. 329
INDEX
1773
Meriwether County Board of Commissioners .................................. 476
Meriwether County, land located in ........................................ 492
Millen, City of, resolution (1975 No. 55) amended ......................... 483
Millen, City of............................................................. 746
Oglethorpe Power Corporation.............................................. 750
Pelham, City of, Lease...................................................... 479
Sumter County Board of Commissioners........................................ 737
Swainsboro, City of........................................................ 742
Washington County Board of Commissioners................................... 740
Wilcox County Board of Commissioners...................................... 744
Woodbury, City of........................................................... 481
MISCELLANEOUS RESOLUTIONS
City of Atlanta, restrictions on city changing utilization of street level plaza over
W&A Railroad Property ................................................. 491
DeKalb County Recorders Court and Magistrate Court Study Commission
Created............................................................... 5048
Dillard, Henry E., Memorial Bridge designated.............................. 4277
Ebenezer Church Road in Effingham County designated and named.............. 4281
Epps, Hubert Floyd; Memorial Bridge designated............................. 4279
Governors Judicial Process Review Commission created...................... 980
Hawes, Peyton S., Memorial Bridge designated................................. 5266
James, C. H. (Fat) Sr., Memorial Highway designated........................ 4275
Joint Part-Time State Employment Study Committee created .................. 1313
Lucas, David, Pedestrian Walkway designated................................ 4725
Mableton Parkway designated................................................ 4278
Marcus, Sidney J., Auditorium designated................................... 4719
McDonald, Larry; Memorial Highway designated............................... 4597
Metropolitan Atlanta Rapid Transit Overview Committee Extended........... . 336
Morris, Ensign Ashley D., Memorial Bridge designated....................... 4720
Murphy, Thomas B., Ballroom designated..................................... 4718
The Year of the Disabled Voter in Georgia, 1984 designated............... 1277
South Oaks Road in Dooly County designated................................. 4717
State Botanical Garden of Georgia designated................................ 475
West Point; consent for city to annex certain state-owned property......... 484
1774
INDEX
INDEX
A U
ABANDONED MOTOR VEHICLES
Removal from public property, time..................................... 548
ABANDONED ANIMALS OR PETS
Disposition ........................................................... 572
ACCIDENT AND SICKNESS INSURANCE
Mental disorders, nature of required coverage changed.................. 777
ACTIONS
Recommencement after dismissal for want of prosecution................. 597
ADMINISTRATIVE PROCEDURES
Actions required of state agencies prior to adoption of rules.......... 1219
ADOPTION
Access to records by Department of Human Resources..................... 1433
ADRIAN, CITY OF
Charter....................................................... 4745
AD VALOREM TAXATION OF PROPERTY
Additional exemption; state-wide referendum ................... 520
Certain exemptions continued.................................. 1058
Date for filing certain applications for exemption changed............. 1371
Exemption for educational purposes of certain homesteads...... 1497
Exemption of certain motor vehicles, state-wide referendum..... 788
Non-profit homes for mentally handicapped, exemption, state-wide
referendum................................................ 1253
AGRICULTURAL LAND
Preferential tax assessment of property devoted to agricultural purposes, law
amended.................................................... 686
AGRICULTURAL VEHICLES
Licensing and equipment requirements........................... 1329
AGRICULTURE
Georgia Agrirama Development Authority, membership changed..... 898
Interstate Pest Control Compact enacted........................ 1021
Pesticides, contractors and applicators licenses, grounds for denial. 890
INDEX
1775
AHEARN, GRACE E.
Compensation.................................................... 4716
ALBANY, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
ALCOHOLIC BEVERAGES
Possession and transportation by individuals of non-tax-paid beverages, quantity
permissible.................................................. 790
Sale for consumption on premises, certain municipalities authorized to permit at
certain times, referenda.................................... 1683
Sale on certain days prohibited.................................. 1688
Sales on Sundays in public stadiums, provisions changed........... 1691
Shippers required to register labels.............................. 375
Sunday sales for on-premises consumption authorized, referenda.... 1685
Wine, farm wineries, licensing requirements................... 1142
ALIMONY AND CHILD SUPPORT
Modification of orders, time of filing petition .................. 606
ALPHARETTA, CITY OF
Limit on contracts allowable without bidding...................... 4335
Municipal court, salary of judge ................................. 4338
Salaries of mayor and members of city council..................... 4318
AMATEUR RADIO OPERATORS
Additional requirements for special license plates................ 433
AMERICAN HEART ASSOCIATION
Land conveyance (1982 Resolution No. 199 repealed)............... 494
AMERICUS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
AMERSON, J. C. AND LAVADA
Compensation.................................................... 4724
ANIMALS
Equine diseasesbond of dealers, brokers and sales establishments. 389
Importation of certain exotic birds into State prohibited......... 1216
ANNEXATION OF TERRITORY
Limitation on annexation by certain municipalities, definitions... 976
ANNUAL BUDGET ESTIMATES
Provisions relating to legislative branch changed ............... 359
1776
INDEX
APPEAL AND ERROR
Appealable judgments, application required in certain cases..... 599
Code section 5-6-45 applicable when motion for new trial filed
in criminal case........................................... 415
Condition of Supersedeas bondpayment of fine in certain cases.. 413
APPLIED PSYCHOLOGISTS
Examination for licenses........................................ 503
APPOINTMENT OF STATE SCHOOL SUPERINTENDENT
Proposed Amendment to the Constitution......................... 1716
APPROPRIATIONS
General Appropriations Act..................................... 1502
Supplementary Appropriations Act................................ 136
ARCHITECTS
Examination, additional method for applicants to qualify ....... 595
Examination of applicants for license........................... 448
ATLANTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Constitutional Amendment relating to tax exemption of certain Cabbagetown
properties continued ..................................... 4595
Restrictions on city changing utilization of street-level plaza over Western and
Atlantic Railroad ............................................. 491
ATLANTA JUDICIAL CIRCUITtegij
Additional judge ............................................... 451
ATTORNEY GENERAL, ASSISTANTS
Certain representations of criminal defendants permitted........ 1359
AUCTIONEERS
Georgia Auctioneers Commissiontermination date changed ........ 438
Membership of Commission changed, unlawful practices ........... 1084
AUSTELL, CITY OF
Constitutional amendment relative to issuance of revenue anticipation
obligations continued...................................... 3836
AUTOMOTIVE GASOLINE DISTRIBUTORS
Unlawful, predatory and unfair business practices............... 1679
INDEX
1777
B
BACON COUNTY
Board of Commissioners, commissioner districts, etc............. 4661
State Court created, terms, practice, procedure, etc............ 5191
BAD CHECKS
Service charge allowable changed ............................... 1435
BAILIFFS
Compensation changed............................................ 616
BAKER COUNTY
Board of Education, compensation of chairman and members........ 4050
BALDWIN COUNTY
Election of Commissioners from districts, terms of office....... 3675
State Court, compensation of judge and solicitor................ 3817
BANKING AND FINANCE
Credit Union Deposit Insurance Corporation, eligibility for membership,
insurance premiums.......................................... 952
Interstate banking on a regional basis permitted ............... 1467
Law amended..................................................... 949
BARROW COUNTY
Board of Commissioners, compensation of chairman............... 4702
BEN HILL COUNTY
Board of Commissioners, election, compensation, etc. of members. 3887
BERRIEN COUNTY
Board of Commissioners, act creating board amended, referendum. 4823
Superior Court, mode of compensating clerk changed....... 4168
BIBB COUNTY-^B
Civil Court, jurisdiction changed.............................. 3877
BIBB COUNTY BOARD OF COMMISSIONERS
Land conveyance................................................. 332
BIRTH CERTIFICATES
Issuance for foreign-born adopted persons...................... 1015
BLAIRSVILLE, CITY OF
New charter.................................................... 4967
1778
INDEX
BLECKLEY COUNTY
Compensation of Commissioner changed.......................... 3955
Compensation of sheriff....................................... 3942
Compensation of tax commissioner.............................. 3944
Probate Court, compensation of judge........................... 4057
Superior Court, compensation of clerk.......................... 4071
BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
Land conveyance................................................ 978
BOARDS OF EDUCATION
Compensation in certain counties (20,900-21,200) repealed...... 443
BOARDS OF EDUCATION, LOCAL
Disciplinary hearing officers or panels, procedures............ 908
Manner of filling vacancies.................................... 641
BOARDS OF ELECTIONS
Act providing for boards in certain counties repealed.......... 982
BOILER AND PRESSURE VESSEL SAFETY ACT
Enacted....................................................... 1227
BONDS AND RECOGNIZANCES
Schedule of Bails by judges of courts of inquiry............... 679
BROOKS COUNTY
Board of Commissioners, membership, election districts, etc.... 3680
Board of Education, election districts, etc.................... 3717
Superior Court, method of compensating clerk changed........... 3724
BRUNSWICK, CITY OF
Act of incorporation amended.................................. 4475
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION
Time to complete work extended ............................... 5205
BRYAN COUNTY
Magistrate Court, manner of appointment of chief and other magistrates ... 4162
BUILDINGS AND HOUSING
Elevators and escalators, safety requirements ................ 1244
Fire safety, Uniform Act for the Application of Building and Fire Related
Codes to Existing Buildings.............................. 1160
Georgia Residential Finance Authority, compensation of members, maximum
amount of bonds.......................................... 1374
INDEX
1779
BULLOCH COUNTY
Compensation of clerks of commissioners.......................... 4022
Compensation of Tax Commissioners assistants.................... 40X5
Constitutional amendment authorizing use of local sales tax by school system
continued................................................. 4013
Probate Court, compensation of clerk............................. 4020
Sheriffs deputies and office clerk, compensation................ 4150
Superior Court, compensation of clerks employees ............... 4017
BURKE COUNTY
Board of Commissioners, compensation of members.................. 4400
State Court, expense allowance of solicitor...................... 3755
BUSINESS CORPORATIONS
Registration fees, notice of shareholder meetings ............... 514
Venue in garnishment proceedings, service of summons........... 1319
BUSINESS OPPORTUNITIES
Sale, definitions, disclosure requirements ...................... 522
BUTTS COUNTY
See also Tabular IndexCountiesHome Rule Amendments
Magistrate Court, manner of appointing magistrates, compensation. 4308
Office of Treasurer abolished, referendum........................ 3588
Superior Court Clerk, compensation............................. 4005
C
CAIRO, CITY OF
Corporate limits extended...................................... 3894
CALHOUN COUNTY
Magistrate Court, probate judge designated chief magistrate...... 3880
CAMDEN COUNTY
Homestead exemptions for persons 62 and older, referendum........ 3848
CAMILLA, CITY OF
Mayor and Councilmen, vacancies in offices, how filled........... 3758
CAMPAIGN FINANCIAL DISCLOSURE
Filing reports................................................. 1100
CAMPUS POLICEMEN
Definition of campus changed .................................. 596
1780
INDEX
CANDLER COUNTY
Magistrate Court, manner of appointment of magistrates............. 4199
CARROLL COUNTY
Compensation of Coroner changed............................... 3871
CATOOSA COUNTY
Additional homestead exemption from school taxes (residents 62 and over),
referendum................................................. 4321
Board of Utilities Commissioners, jurisdiction and powers.......... 4359
Compensation and Allowances of Commissioner and certain personnel.. 4002
Superior Court Clerks office, allowance for clerical help......... 4494
Tax commissioner, compensation and amount payable for help......... 4371
CEDARTOWN, CITY OF
Homestead exemptions, referendum.............................. 4261
CERTAIN LOCAL LAWS REQUIRED TO BE APPROVED BY REFERENDUM-H
Proposed amendment to the Constitution........................ 1709
CERTIORARI AND APPEALS TO APPELLATE COURTS
Condition of supersedeas bond in certain cases................. 413
CHARLTON COUNTY
Board of Commissioners authorized to fix their compensation, limitation ... 4393
CHATHAM COUNTY
Board of Elections created, qualifications of members, etc......... 5197
Laws relative to governing authority revised ...................... 5050
Magistrate Court, election of chief magistrate, etc................ 4422
Probate Court, act relating to compensation of clerk repealed ..... 4438
Recorders Court Terms........................................ 4087
State Court, appointment of clerk provided for..................... 3862
State Court, position of Sheriff abolished......................... 4175
CHATSWORTH, CITY OF
Recorders Court established.................................. 4298
CHATTAHOOCHEE JUDICIAL CIRCUIT
Assistant district attorney, maximum compensation.............. 711
Salary supplement of district attorney by Columbus-Muscogee County. 713
CHATTANOOGA, TENNESSEE
Land conveyance of property located in
487
INDEX
1781
CHATTOOGA COUNTY
Magistrate Court, probate judge designated chief magistrate.... 4198
State Court, act creating amended.............................. 4488
CHEROKEE COUNTY
Superintendent of Schools, appointment by Board of Education,
referendum................................................. 3580
CHILD CARE INSTITUTIONS
Criminal records checks of personnel........................... 1397
CHILD MOLESTATION, AGGRAVATED
Defined, punishment............................................. 685
CHILD MOLESTATION AND ENTICING
Punishment changed............................................. 1495
CHILD SUPPORT RECOVERY ACT
Certain provisions repealed..................................... 567
CHIROPRACTORS
Qualifications of applicants for licensure changed, authority of board. 913
CIVIL PRACTICE
Executions, effect of entry or notice of effort to enforce recordation. 912
Limitation of Actions, rights as to persons imprisoned changed......... 580
Recommencement of action after dismissal for want of prosecution....... 597
Service on defendant by second original outside county where action filed ... 966
Venue as to third-party defendants......................... 1149
CLARKE COUNTY
Board of Elections and Registration created ........................... 3946
Magistrate Court, qualifications, salary of chief magistrate........... 3649
CLAYTON COUNTY
See alsoTabular IndexCountiesHome Rule Amendments
Board of Commissioners, compensation of chairman....................... 4184
Board of Education, compensation of members............................ 4413
Compensation of tax commissioner and deputy tax commissioner........... 4516
Magistrate Court, manner of appointing chief magistrate, etc........... 4411
Probate Court, appeals, jury trials, etc....................... 5268
Probate Court, compensation of judge................................... 4180
State Court, authority and duties of clerk and deputy clerks .......... 4177
State Court, compensation of judges ................................... 4306
State Court Solicitor, restrictions on private practice, salary........ 4182
Superior Court, compensation of sheriff, clerk and deputy clerk........ 4210
1782
INDEX
CLAYTON JUDICIAL CIRCUIT
Number of judges increased............................................. 469
COBB COUNTY
Juvenile Courtcompensation of judge................................... 4364
Probate Court, additional deputy clerk................................. 4385
Probate Court, compensation of clerk changed .......................... 3846
State Court, compensation of judge..................................... 4387
State Court, second division created................................... 4256
COBB COUNTYMARIETTA WATER AUTHORITY
Composition of membership, etc......................................... 4345
COBB COUNTY SCHOOL DISTRICT
Compensation of Chairman and members of board.. ....................... 3819
COBB COUNTY STADIUM AUTHORITY ACT
Enacted........................................................ 4727
COBB JUDICIAL CIRCUIT
Investigators, appointment and compensation............................ 348
Number of assistant district attorneys increased....................... 5188
Number of judges, compensation and expense allowances.................. 434
CODES OF ETHICS AND CONFLICTS OF INTEREST
Certain transactions excluded as constituting conflicts of interest.... 1204
Public officers and employees prohibited from transacting business
with the state, exceptions................................. 1196
COFFEE COUNTY
Board of Education, compensation of members.................... 4483
COLQUIT COUNTY
Magistrate Court, manner of appointment and term of chief magistrate . . 4190
COLUMBIA COUNTY
Penalties for violation of ordinances authorized ...................... 4000
Tax commissioner, compensation changed......................... 4478
COLUMBIA COUNTY SCHOOL DISTRICT
Additional homestead exemption for certain persons over 62, referendum ... 4609
COLUMBUS, GEORGIA
Manner of publication of certain ordinances ........................... 3647
Municipal Court, compensation of judge, clerk and marshal.............. 4491
Recorders Court, appointment of clerks and clerks pro tempore......... 4059
INDEX
1783
Requirements regarding membership of boards and commissions............. 4064
COMMERCE AND TRADE
Administrator of Fair Business Practice Act of 1975additional powers .. . 441
Automotive gasoline distributors, unlawful, predatory and unfair business
practices........................................................... 1679
Business opportunities, sale of, definitions, disclosure requirements... 522
Health spas regulated, unlawful actions of operators, penalties......... 463
Registered trademarks or service marks, penalties for infringement...... 944
Securities, compatibility with federal securities exemptions provided .. 529
COMMON CARRIERS
Limitation of liability of certain common carriers, lien of carriers ... 693
COMMUNITY AFFAIRS, DEPARTMENT OF
Composition of board, terms of members, etc............................. 378
COMMUNITY IMPROVEMENT DISTRICTS CREATION
Proposed amendment to the Constitution.................................. 1703
COMPOSITE STATE BOARD OF MEDICAL EXAMINERS
Authorized to distribute information on breast cancer................... 1465
COMPULSORY SCHOOL ATTENDANCE
Law revised..................................................... 1266
CONCORD, CITY OF
New charter...................................................... 4793
CONSENT FOR CITY OF WEST POINT TO ANNEX CERTAIN STATE-OWNED
PROPERTY
Resolution....................................................... 484
CONSERVATION AND NATURAL RESOURCES
Duties of Environmental Protection DivisionProcedures, Etc...... 404
Georgia Safe Dams Act of 1978 Amended.......................... 454
Georgia Safe Drinking Water Act of 1977 Amended; bonds for certain water
systems..................................................... 1074
Jekyll Island State Park Authoritymembership changed............ 430
Lake Lanier Islands development authority; exemption of certain purchases from
sales and use taxes.......................................... 841
Oil and Gas and Deep Drilling Act of 1975 amended .................... 398
Restrictions on kinds and sizes of motors on certain waters ............ 374
Southeast Interstate Low-Level Radioactive Waste Management Compact
amended...................................................... 876
State Board of Registration for Foresterstermination date extended..... 445
1784
INDEX
CONTRABAND SUBSTANCES
Possession by prison inmate a felony..................................... 593
CONTROLLED SUBSTANCES
Listing changed................................................ 1019
CONYERS, CITY OF
Homestead exemption for persons 62 and over; referendum ................. 4884
COOK COUNTY
Board of Commissioners; composition of election districts................ 3939
Magistrate Court; Judge of Probate Court designated Chief Magistrate..... 4090
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS
Business corporations, registration fees, notice of shareholder meetings. 514
Business corporations; venue in garnishment proceedings;
service of summons......................................... 1319
Uniform Partnership Act enacted.............................. 1439
COSMETOLOGISTS
Persons authorized to instruct in cosmetology and esthetics.............. 581
COUNTIES
Authorized to adopt and enforce certain ordinances....................... 1086
Extent of Territorial Jurisdiction ............................. 131
COUNTY BOARDS OF HEALTH
Membership, terms; manner of filling vacancies, etc............ 1325
COUNTY COMMISSIONERS
Conflicts of interest; exceptions; sales of real property to counties.... 619
COUNTY TAXATION
Limitation on taxation for support of development authorities removed.... 807
COURT OF APPEALS
Compensation of Judges ......................................... 444
COURTS
Assistant District Attorneys; law revised...................... 1182
Bailiffs, compensation changed.................................. 616
Criminal procedure; conditions for probation in certain cases............ 894
District Attorneys; duty to collect fines and forfeitures; law repealed.. 842
Juries; exemptions from jury duty; provisions relative thereto amended... 1697
Juvenile, judges, appointment, commissioning by Secretary of State....... 565
Juvenile proceedings; limitations on orders of disposition............... 794
INDEX
1785
Juvenile proceedings; protective orders................................ 562
Magistrate Courts Law amended.......................................... 1096
Probate courts; orders setting date for response to petitions; granting petitions
without hearing................................................... 970
Sheriffs, allowance for use of personal vehicle........................ 519
Sheriffs, annual training requirements; exemptions in certain cases.... 579
Sheriffscounties granted authority to create merit boards, etc........ 536
Sheriffs, eligibility to hold office not affected by conviction
of certain crimes................................................ 1369
Sheriffs; minimum annual salaries; additional compensation for
certain services.................................................. 783
Sheriffs; procedure upon indictment or conviction of a felony.......... 1279
Superior court clerks, fees in certain counties (350,000 or more) ..... 617
Superior court clerks; minimum annual salary........................... 589
Venue as to third-party defendants................................... 1149
COWETA COUNTY
Board of Education; composition; election and terms of members;
referendum....................................................... 3704
Road districts changed; election of commissioners ..................... 3694
CREDIT UNION DEPOSIT INSURANCE CORPORATION
Eligibility for membership; insurance premiums......................... 952
CRIMES AND OFFENSES
Aggravated child molestation defined; punishment....................... 685
Bad checks; service charge allowable changed........................... 1435
Child molestation and enticing; punishment changed..................... 1495
Controlled substances and dangerous drugs; listing changed............. 1019
Involuntary manslaughter, punishment changed........................... 397
Licenses to carry pistols or revolvers; exemption of certain retired law
enforcement officers from payment of fee....................... 1388
Licenses to carry pistols or revolvers; investigation procedures for renewal
changed........................................................... 935
Litter Control Law amended; prima facie and presumptive evidence of identity
of offender...................................................... 1489
Punishment for crimes against persons 65 years of age and older ....... 900
CRIMINAL PROCEDURE
Appeal bonds in certain cases; punishment in certain felony cases...... 760
Bonds and recognizances, schedule of bails by judges of courts of inquiry.... 679
Code section 5-6-45 applicable to motion for new trial................. 415
Conditions for probation in certain cases.............................. 894
Legal defense of indigentsmethod of appointing public defender in certain
counties.......................................................... 495
CRISP COUNTY
Board of Commissioners; compensation of members....................... 4067
Commissioners; number, election districts; etc.; referendum........... 4352
1786
INDEX
D
DADE COUNTY
Board of commissioners created; referendum..................... 3564
Board of Education; election of members etc.; referendum...... 3575
DALLAS, CITY OF
Corporate limits changed....................................... 3988
DALTON, CITY OF
Land conveyance, located in....................................... 489
DANGEROUS DRUGS
Listing changed................................................ 1019
DEBTOR AND CREDITOR
Garnishment ProceedingsLimitation on amount subjectform of postjudgment
summons....................................................... 370
Venue in garnishment proceedings; service of summons........... 1319
DECATUR, CITY OF
See also Tabluar IndexMunicipalitiesHome Rule Amendments
Commissioner election districts, etc..................... 4601
DECATUR COUNTY
Board of Commissioners; act creating amended..................... 4426
DEKALB COUNTY
See also Tabular IndexCounties Home Rule Amendments
Board of Commissioners; effect of member qualifying to run for other elective
office ...................................................... 4916
Board of Commissioners; resignation of member to run for other
elective office.............................................. 4675
Board of Education; non-partisan election of members; procedures. 4192
State Court; additional assistant solicitor...................... 4343
DEKALB COUNTY RECORDERS COURT AND MAGISTRATE COURT STUDY
COMMISSION
Created.......................................................... 5048
DEPARTMENT OF COMMUNITY AFFAIRS
Advisory committee created....................................... 1177
DEPARTMENT OF OFFENDER REHABILITATION
Consent of Board to personnel selection no longer required
940
INDEX
1787
DEPARTMENT OF PUBLIC SAFETY.
Uniform division; restrictions on eligibility for appointment to. 895
DEPENDENT CHILD
Definition changed with respect to public assistance............. 1426
DIETITIANS LICENSING LAW
Enacted........................................................ 1377
DILLARD, CITY OF
See Tabluar IndexMunicipalitiesHome Rule Amendments
DILLARD, HENRY E.
Memorial Bridge designated..................................... 4277
DISABLED VETERANS HOMESTEAD EXEMPTION
Proposed amendment to the Constitution........................... 1707
DISPENSING OPTICIANS
License requirements, continuing education...................... 513
DISPOSITION OF UNCLAIMED PROPERTY ACT
Amended......................................................... 575
DISTILLED SPIRITS
Georgia Distilled Spirits Distribution Act Enacted.............. 375
DISTRICT ATTORNEYS
Assistant District Attorneys; law revised...................... 1182
Duty to collect fines and forfeitures; law repealed.............. 842
Macon Judicial Circuit, Salary Supplement....................... 343
Tallapoosa Judicial CircuitSupplemental Expense Allowance....... 339
DODGE COUNTY
Appointed school superintendent provided for; referendum....... 3531
Magistrate Court; Manner of appointment and term of Chief Magistrate ... 4196
DOMESTIC RELATIONS
Adoption; access to records by Department of Human Resources..... 1433
Alimony and child support, time of filing petition for modification of orders . 606
Child Support Recovery Act, certain provisions repealed........ 567
Domicile of minors, how determined .............................. 612
Family violence; Ex parte orders, copies to be furnished petitioner in certain
cases....................................................... 542
Marriage licenses; county where same may be issued............... 1192
Uniform Reciprocal Enforcement of Support Act amended......... 613
1788
INDEX
Definition of State enlarged.................................. 613
Uniform Reciprocal Enforcement of Supportduty of court acting as responding
state.......................................................... 387
DOMICILE OF MINORS
How determined ................................................ 612
DOOLY COUNTY
Magistrate Court; Manner of selecting Chief Magistrate.......... 3864
DORAVILLE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
DOUGHERTY COUNTY
Magistrate Court; terms of magistrates......................... 4694
DOUGLAS COUNTY
Board of Commissioners; compensation of Chairman................ 4069
Board of Elections created..................................... 5270
Coroner; compensation changed.................................. 3790
Magistrate court, provisions for; practice, procedure, etc...... 3952
DOUGLAS JUDICIAL CIRCUIT
Terms.......................................................... 498
DOUGLASVILLE, CITY OF
Election of mayor and councilmen; wards changed, etc............ 5137
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY
Limits of downtown LaGrange district.......................... 3919
DRIVERS LICENSES
Definition of conviction for purposes of mandatory suspension. 1221
Revocation of licenses of habitual violators .................. 797
Suspension for conviction of D.U.I. in another state........... 614
DuVERNOIS, FRANCES J.
Compensation................................................... 4723
E
EARLY COUNTY
Magistrate Court; Probate Judge designated chief magistrate..... 4645
EAST POINT, CITY OF
Elections for mayor and council ............................... 3665
INDEX
1789
EBENEZER CHURCH ROAD IN EFFINGHAM COUNTY
Designated and named............................. ...................... 4281
ECHOLS COUNTY
Magistrate Court; Judge of Probate Court designated Chief Magistrate.... 3727
EDUCATION
Age for beginning school................................................ 643
Campus policemen; definition of campus changed........................ 596
Chancellor of University System of Georgia; law authorizing appearance before
General Assembly repealed.................... ......... ............ 657
Compulsory school attendance law revised................................ 1266
County Boards of Education authorized to expend funds to acquire or improve
property ..........................,......... ......... ............ 373
Engineering Experiment Station; name changed to Georgia Tech Research
Institute ........................................................ 1675
Local and regional public library law amended........................... 1005
Local boards disciplinary hearing officers or panels; procedures....... 908
Local boards; manner of filling vacancies............................... 641
North Georgia College military scholarships, number of recipients....... 721
Professional Practices Commission and Professional Standards Commission; per
diem expense reimbursement......................................... 1201
Public school employees; health insurance plan; provisions relating to
contributions changed.............................................. 1692
Supervising teachers; minimum standards; additional compensation........ 727
Vocational Technical schools; charge of tuition fees by certain schools
authorized......................................................... 571
ELBERTON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Wards established and defined; election of councilmen.................. 3634
ELECTIONS
Advertisement of additional voter registration places................... 635
Audio tapes containing certain information to be distributed to
public libraries................................................. 1117
Boards of registrars, duty to furnish list of qualified electors........ 694
Campaign financial disclosure reports; filing.......................... 1100
Distribution of certain materials by poll officers not prohibited....... 671
Georgia Election Code Amended............................................. 1
Georgia Election Code Amended........................................... 133
Joint county-municipal boards of registration and elections authorized . 680
Losing candidates right to a recount................................... 634
Municipal elections and primaries; conduct of elections by counties in certain
cases............................................................... 826
Municipal elections and primaries; registrars required to purge list of
electors............................................................ 860
Municipal elections, penalties for violation of code.................... 661
Officials required to issue call for special elections.................. 637
1790
INDEX
Paupers affidavit; financial statement to accompany filing............ 1038
Poll officers assigned to conduct county, state or federal elections authorized to
conduct municipal elections.................................... 1376
Public disclosure by candidates of campaign contributions and expenditures law
amended......................................................... 764
Public office defined; soil and water conservation district supervisors
excluded........................................................ 696
Qualifications of candidates; hearing by Secretary of State regarding same ... 636
Registrars; authority to change entry of electors address limited..... 922
Special elections; beginning date for qualifying....................... 780
Tabulating machines; inspection by Secretary of State.................. 1087
Vote recorders, display prior to elections ......................... 675
Voter registration cards; municipal and county lists of electors, etc.. 1490
Voter registration; form of cards................................... 1372
Voter registration in high schools and area vocational schools......... 677
Voter registration places; duty of state Election Board to adopt rules. 1430
ELEVATORS AND ESCALATORS
Safety requirements................................................. 1244
EMANUEL COUNTY
Board of Commissioners; election of members; powers, duties and procedures of
Board........................................................... 3822
Board of Education; composition of election districts changed.......... 5202
Compensation of tax commissioner................................... 4254
EMINENT DOMAIN
Oath of special master, filing; form of award....................... 982
EMPLOYEES RETIREMENT SYSTEM OF GEORGIA
Continued employment of certain employees proposed for involuntary
separation...................................................... 1309
Kinds of involuntary separation distinguished....................... 1296
Mandatory retirement age changed.................................... 1487
EMPLOYMENT AGENCIES, PRIVATE
Termination date of state advisory council.......................... 393
EMPLOYMENT SECURITY LAW |
Amended............................................................. 861
ENGINEERING EXPERIMENT STATION
Name changed to Georgia Tech Research Institute..................... 1675
ENVIRONMENTAL PROTECTION
Duties of Environmental Protection Divisionprocedures, etc.
404
INDEX
1791
EPPS, HUBERT FLOYD
Memorial Bridge designated...................................... 4279
ESCHEAT OF ESTATES
Law amended.................................................. 1124
ETOWAH-FORSYTH WATER AUTHORITY ACT
Enacted..................................................... 4779
EVANS COUNTY
Magistrate Court; manner of appointment of Chief Magistrate. 3882
EVIDENCE
Witnesses; fees for campus policemen......................... 964
EXECUTIONS
Effect of entry or notice of effort to enforce; recordation.... 912
EXEMPTIONS FROM TAXATION
Certain homesteads exempt for educational purposes.......... 1497
Date for filing certain applications for exemption changed.. 1371
Prescription drugs, eyeglasses and contact lenses exempt from sales
and use taxes............................................ 1466
EXOTIC AND PET BIRDS
Certain species not to be imported into state ................ 1216
F
FAIR BUSINESS PRACTICES ACT OF 1975-
Powers of Administrator enlarged............................. 441
FALCONRY PERMITS
Classes of permits........................................... 568
FAMILY VIOLENCE
Petitions for relief from, copy of ex parte order to petioner in certain cases.. 542
FARM WINERIES
Licensing requirements ...................................... 1142
FAYETTE COUNTY
See also Tabular Index-CountiesHome Rule Amendments
Coroner, compensation........................................ 4045
1792
INDEX
FERAL HOGS
Hunting regulated................................................ 568
FIDUCIARIES
Advertisements for discharge or dismission from trust; number reduced. 937
FIREMENS PENSION FUND LAW
Amended.......................................................... 990
FIRE PROTECTION AND SAFETY
Georgia Fire Sprinkler Act amended............................... 824
Local departments required to meet certain standards; notice to
superintendent.............................................. 1000
Uniform Act for the Application of Building and Fire Related Codes to
Existing Buildings ......................................... 1160
FITZGERALD, CITY OF
See Tabular Index-MunicipalitiesHome Rule Amendments
FLINT JUDICIAL CIRCUIT
County supplements to salaries of judges, district attorney and
chief assistant............................................. 705
FLOYD COUNTY
Approval of governing authority of salaries of certain officials... 4340
Board of Commissioners; salaries of members..................... 4374
Resolution authorizing conveyance of land located in............... 753
Superior Court; compensation of clerk; periodic increases.......... 4402
Tax commissioner; compensation of commissioner and of chief deputy. 4405
FOREST PARK, CITY OF^-
Corporate limits extended....................................... 4187
FORGERY AND FRAUDULENT PRACTICES
Bad checks; service charge allowable changed................... 1435
FORSYTH COUNTY
Authorized to impose business and occupational license taxes; referendum .. 4144
Magistrate Court; Probate Judge designated chief magistrate; etc. 4293
FORT OGLETHORPE, TOWN OF
Corporate limits changed........................................ 4998
Corporate limits changed........................................ 5109
FRANKLIN-HEARD COUNTY WATER AUTHORITY ACT
Enacted......................................................... 4613
INDEX
1793
FULTON COUNTY
See also Tabular IndexCountiesHome Rule Amendments
Authorized to levy and collect business and occupational license taxes. 4148
Board of Education; election of members; education districts; referendum... 3591
Constitutional amendment relating to tax exemption of certain Cabbagetown
properties continued ...... ....................................... 4595
Magistrate Court; appointment of part-time magistrates................. 4952
Pension Board of county school employees; method of selecting
members, etc.......... ........ ................................... 4455
State Court; office of Chief Clerk created............................. 4052
FULTON COUNTY LIBRARY SYSTEM-H
Composition of board of trustees, etc.................................. 4711
FUNERAL DIRECTORS, EMBALMERS, ETC.
Qualifications of applicants for licenses.............................. 511
G
GAME AND FISH
Areas where use of certain seines permitted and where prohibited ...... 801
Duties of Environmental Protection Divisionprocedures, etc............ 404
Falconry permits; feral hogs-hunting regulated......................... 568
Hunting on private lands without permissionpunishment................. 546
Laws amended........................................................... 537
Negligent injury to or death of another while hunting, administrative
penalties....................................................... 549
Oysters and clamsregulation respecting taking of same changed......... 416
Prohibited trapping activities...................................... 802
GARNISHMENT-!^.'
Limitation on amount subjectform of postjudgment summons ............. 370
GARNISHMENT PROCEEDINGS
Venue; service of summons................................... ........... 1319
GENERAL ASSEMBLY
Authorized to revise pension and retirement laws; proposed amendment to the
constitution .................................................. 1726
Composition of certain representative districts changed............ 1071
Composition of State Senate Districts 10 and 13 changed................ 394
Financial affairs; time for filing claims against the state............ 608
Georgia Criminal Justice Improvement Councilcomposition changed.... 431
Hour of meeting changed ............................................ 602
Legislative Services CommitteeProcedures relating to maintenance repair etc. of
facilities......................................................... 359
Limitation on use of service as service credit under other retirement
systems........................................ .................... 758
1794
INDEX
Salaries and allowances of members.............................. 717
Vacancies in offices of Secretary of Senate and Clerk of House, provisions for
filling.................................................... 656
GENERAL OBLIGATION DEBT FOR LIBRARY FACILITIES
Proposed amendment to the Constitution......................... 1713
GENERAL PROVISIONS
Holidays and observances; public and legal holidays; procedures for determining;
how observed.............................................. 1274
GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY
Membership changed.............................................. 898
GEORGIA AUCTIONEERS COMMISSION
Termination date changed........................................ 438
GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS
Composition changed............................................. 425
GEORGIA COMMISSION ON STATE GROWTH POLICY
Law creating Commission amended................................. 381
GEORGIA CRIMINAL JUSTICE IMPROVEMENT COUNCIL
Composition changed............................................. 431
GEORGIA DEVELOPMENT AUTHORITY
Assigned to Department of Community Affairs; membership changed. 420
GEORGIA DISTILLED SPIRITS DISTRIBUTION ACT
Enacted......................................................... 375
GEORGIA FIREMENS PENSION FUND
Composition of Board of Trustees changed ....................... 828
GEORGIA FIRE SPRINKLER ACT
Amended......................................................... 824
GEORGIA HEARING AID DEALERS AND DISPENSERS ACT
Amended...................................................... 1119
GEORGIA INDEMNIFICATION COMMISSION
Created......................................................... 762
GEORGIA INDUSTRIES FOR THE BLIND
Department of Human Resources directed to provide facilities. 1017
INDEX
1795
GEORGIA INSTITUTE OF TECHNOLOGY CENTENIAL
Special motor vehicle license plates commemorating same authorized. 1677
GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT
Amended; limitations on right of subrogation.............. 516
GEORGIA POST-MORTEM EXAMINATION ACT
Amended................................................... 812
GEORGIA PRIVATE DETECTIVE AND SECURITY AGENCIES ACT-^ ,
Amended.................................................... 1338
GEORGIA RESIDENTIAL FINANCE AUTHORITY
Compensation of members; maximum amount of bonds........... 1374
GEORGIA SAFE DAMS ACT OF 1978
Amended................................................... 454
GEORGIA SAFE DRINKING WATER ACT OF 1977
Amended; bonds for certain water systems................... 1074
GEORGIA TECH RESEARCH INSTITUTE
Name changed from Engineering Experiment Station........... 1675
GEORGIA TRUST FOR HISTORIC PRESERVATION
Rental agreement.......................................... 732
GILMER COUNTY-H
Compensation of commissioner............................... 5130
Probate Court; salary of judge changed..................... 3969
Terms of Superior Court changed........................... 331
GILMER COUNTY WATER AND SEWERAGE AUTHORITY ACT
Enacted.................................................. 5215
GLYNN COUNTY
Board of Commissioners; erroneous description of election districts
corrected............................................ 4442
Clerk of State Court, compensation......................... 3542
GORDON, CITY OF
Homestead exemptions; referendum........................... 3923
GORDON COUNTY
See also Tabular IndexCountiesHome Rule Amendments
1796
INDEX
Board of Education; composition of board posts......................... 3899
Composition of commissioner districts............................ 3896
GOVERNORS JUDICIAL PROCESS REVIEW COMMISSION
Created.......................................................... 980
GOVERNORS RETIREMENT BENEFITS BASED ON INVOLUNTARY
SEPARATION LIMITED
Proposed amendment to the Constitution........................... 1714
GRADY COUNTY
Board of Commissioners; election districts reapportioned; qualifications of
members, etc................................................. 4026
Board of Education; compensation of members............................ 4024
Board of Education; single-member election districts............. 4679
GRAY, CITY OF
Election of aldermen............................................. 3930
GRAYSVILLE METHODIST CHURCH
Land conveyance.................................................. 735
GREENE COUNTY
Board of Commissioners; election of members; terms, etc................ 4628
Compensation of certain personnel changed........................ 4685
Magistrate Court; Probate Judge designated chief magistrate............ 4633
Tax Receiver; compensation of clerical help...................... 4303
GUARDIAN AND WARD
Advertisements for discharge or dismission from trust; number reduced . 937
Approval by Probate Court of sales, etc., proposed by other than petitioner.. 974
Letters of dismission; alternative procedures for obtaining. 1321
GWINNETT COUNTY
Board of Education; certain education districts changed................ 4435
State Court; compensation of judges changed ........................... 3875
Superior Court judges; supplemental compensation................. 3868
H
HABERSHAM COUNTY
Commissions, election, terms of office; referendum............... 3671
Constitutional amendment relating to imposition of alcoholic beverage tax
continued.................................................... 4173
Constitutional amendment relating to sales and use tax for educational
purposes continued........................................... 4123
Magistrate Court; costs to include law library fees.............. 4647
INDEX
1797
HANCOCK COUNTY
Appointment of chief magistrate..................................... 3805
Chairman of Board of Commissioners as full-time county administrator .... 3814
HANDICAPPED PARKING LAW-H
Amended............................................................. 1263
HANDICAPPED PERSONS
Access to and use of public buildings; law revised.................. 1255
Georgia Industries for the Blind; Department of Human Resources directed to
provide facilities.............................................. 1017
Protection of disabled adults; reports of abuse, filing; penalties.. 785
HAPEVILLE, CITY OF
Date of municipal elections......................................... 4599
HARLEM, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
HARRIS COUNTY
Board of Commissioners; election districts, etc..................... 3534
Board of Education; competitive bidding on purchases over $1500.00 . 4349
Board of Education; districts, terms, qualifications of members; referendum. 3608
Board of Education; election districts, terms, qualifications of members;
referendum..................................................... 3523
Homestead exemptions; referendum.................................... 3766
License fees; assessment and collection authorized.................. 4323
HARRIS COUNTY AIRPORT AUTHORITY ACT
Enacted............................................................ 5239
HAWES, PEYTON S.
Memorial bridge designated......................................... 5266
HEALTH
Boxing match licenses; State Boxing Commission; law amended........ 1223
County boards of health; membership; terms, manner of filling vacancies ... 1325
Heart pacemakers; authorized receipt and reuse..................... 1034
Hospital authorities, number and composition of members............. 585
Hospital care for certain indigents................................ 1389
Hospital Equipment Financing Authority Act enacted .............. 1654
Hospitals; additional standards for acting upon applications for staff
privileges..................................................... 967
Hospitals and other health care facilities authorized to transfer property of
deceased patients.............................................. 778
Hospitals and other health care facilities; peer review for certain health
professionals................................................... 699
1798
INDEX
Living wills; form and manner of executing same; effect............. 1477
Local hospital authorities; reimbursement of members for certain expenses .. 874
Patients health records; providers of health care required to furnish copies to
patient or other designated recipient........................... 1680
Personal care homes, a definition changed........................... 649
Radiation control; Department of Human Resources authorized to collect civil
penalties in certain cases ..................................... 1428
Vital records; birth certificates for foreign-bom adopted persons... 1015
HEATLH PROFESSIONALS
Peer review; certain definitions changed............................ 699
HEALTH SPAS
Regulated, unlawful actions of operators, penalties............ 463
HEARING AID DEALERS AND DISPENSERS
Act amended..................................................... 1119
HEART PACEMAKERS
Authorized receipt and reuse.................................... 1034
Persons authorized to dispose of pacemaker upon death of one in possession of
same.......................................................... 1036
HENGGELER, DUANE E.
Compensation.................................................. 4721
HENRY COUNTY
Board of Commissioners; commissioner districts changed... 4415
Compensation for certain officials; provisions for employees.. 4698
HENRY COUNTY SOIL AND WATER CONSERVATION DISTRICT
Land lease..................................................... 729
HIAWASSEE, CITY OF
Terms of Mayor and Councilmen; Resolutions and ordinances,
how adopted............................................... 3763
HIGHWAYS, BRIDGES AND FERRIES
Width of vehicles; weight limitations.......................... 621
HOLIDAYS AND OBSERVANCES
Public and legal holidays; procedures for determining; how observed. 1274
HOSPITAL AUTHORITIES
Number and composition of members.............................. 585
Reimbursement of members of local authorities for certain expenses . 874
INDEX
1799
HOSPITAL EQUIPMENT FINANCING AUTHORITY ACT
Enacted................................................................ 1654
HOSPITALS
Additional standards for acting upon applications for staff privileges. 967
HOUSE OF REPRESENTATIVES
Composition of certain representative districts changed................ 1071
HOUSTON COUNTY
Magistrate Court; selection and compensation of magistrates ........... 3652
HOUSTON COUNTY WATER AND SEWER STUDY COMMISSION
Created; appointment and qualifications of members; functions of
commission................................................. 5210
HOUSTON JUDICIAL CIRCUIT-H
Number of judges increased...................................... 472
HUNTING ON PRIVATE LANDS WITHOUT PERMISSION
Punishment...................................................... 546
I
INCOME TAXATION
Manner of computing net income of corporations changed......... 1323
Minority subcontractors; certain payments to same excluded from
net income................................................. 1644
INDIGENTS
Hospital care for certain indigents............................ 1389
INNKEEPERS
Liability for valuables of guests; law changed.................. 924
INSURANCE
Accident and sickness insurance; mental disorders, nature of required
coverage changed ............................................ 777
Fees and taxes; county and municipal taxation of premiums
authorized; basis.......................................... 1284
Fees and taxes; distribution of illegally collected local premium taxes when
refunded................................................... 1294
Georgia Motor Vehicle Accident Reparations Act amended....... 1221
Georgia Motor Vehicle Accident Reparations Act amended; limitations on
right of subrogation........................................ 516
1800
INDEX
Motor vehicle accident insurance; proof of financial responsibility required in
certain cases................................................ 1333
Motor vehicle accident insurance; restoration fee for return of licenses after
cancellation ................................................ 697
Motor vehicle liability policies; certain coverages increased.... 839
Premium finance companies; notices of cancellation............... 1345
Requirements to qualify to transact business changed............. 1080
INTERAGENCY MOTOR POOLS
Maintenance and repair of vehicles; rules changed................ 1077
INTERSTATE BANKING
Permitted on a regional basis.................................... 1467
INTERSTATE PEST CONTROL COMPACT
Enacted........................................................ 1021
INVOLUNTARY MANSLAUGHTER
Punishment changed............................................... 397
i
JAMES, C.H. (FAT) JR.
Memorial Highway designated..................................... 4275
JASPER COUNTY
Board of Commissioners; election of members, etc................ 3807
Chief Magistrate; appointment, compensation, etc................ 3785
JEFF DAVIS COUNTY
Composition of commissioner districts; manner of election of commissioners,
etc......................................................... 3688
State Court created; jurisdiction, procedure, etc............. 5257
JEFFERSON COUNTY
Board of Commissioners, powers, duties, qualifications of members, board
procedures ................................................. 3627
Magistrate Court; appointment of magistrates provided for ...... 3917
State Court; Compensation of judge and solicitor; terms of court. 3911
JEKYLL ISLAND STATE PARK AUTHORITY
Membership changed............................................... 430
JENKINS COUNTY
Magistrate Court; Chief Magistrate; how appointed
4111
INDEX
1801
JESUP, CITY OF
Corporate limits changed....................................... 4266
JOHNSON COUNTY
Magistrate Court; manner of selecting chief magistrate.......... 4006
State Court abolished.......................................... 4164
JOINT BOARD OF FAMILY PRACTICE
Membership, terms of office, etc............................... 365
JOINT MUNICIPAL EMPLOYEES RETIREMENT SYSTEM
Law revised.................................................... 1041
JOINT PART-TIME STATE EMPLOYMENT STUDY COMMITTEE
Created....................................................... 1313
JOINT TENANTS
Effect of recorded lifetime transfer by all joint tenants....... 1335
JONES COUNTY
Board of Commissioners; membership reconstituted, etc........... 5177
Board of Education reconstituted; referendum................... 4459
Clerk of Superior Court; method of compensating changed......... 3740
Compensation of Sheriff and Department employees............... 3743
Homestead exemptions; referendum.............................. 3926
Probate Court; compensation of judge and court personnel........ 4083
Tax Commissioner; compensation of commissioner and personnel.. 4080
JUDGES, DISCIPLINE, REMOVAL AND INVOLUNTARY RETIREMENT
Proposed amendment to the Constitution........................ 1722
JUDGES OF THE PROBATE COURTS RETIREMENT FUND
Composition of Board of Commissioners changed................... 932
JUDGMENTS APPEALABLE
Application required in certain cases.......................... 599
JURIES
Exemptions from jury duty; provisions relative thereto amended.. 1697
JUVENILE COURTS
Judges, appointment, commissioning by Secretary of State........ 565
JUVENILE PROCEEDINGS
Limitations on orders of disposition........................... 794
Protective orders.............................................. 562
1802
INDEX
K
KENNESAW, CITY OF
Corporate limits changed....................................... 4269
Corporate limits changed....................................... 4873
I I,
LABOR AND INDUSTRIAL RELATIONS
Boiler and Pressure Vessel Safety Act enacted........................ 1227
Employment Security Law amended ..................................... 861
Minimum wage; amount changed .......................................... 1324
Private Employment AgenciesTermination date of state advisory council .. 393
Workers Compensation; election by sole proprietor to accept coverage . 1218
Workers Compensation; Employee redefined..................... 816
LaGRANGE, CITY OF
Downtown Development Authority; Limits of downtown district............ 3919
LAKE CITY, CITY OF
Mayor and members of council, terms of office.......................... 3957
LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY
Exemption of certain purchases from sales and use taxes................ 841
LAMAR COUNTY
Magistrate Court; appointment of magistrates................... 4561
Superior Court Clerk; mode of compensating changed..................... 3904
LANDLORD AND TENANT
Affidavits for writs of possession..................................... 892
Political subdivisions prohibited from enforcing rent control ordinances ... 1079
Record on appeals in dispossessory proceedings; supplementation. 859
LAURENS COUNTY
Magistrate Court; election of chief magistrate; qualifications; etc.... 4638
LAW ENFORCEMENT OFFICERS AND AGENCIES
Annual training of certain personnel........................... 1210
Department of Public Safety; uniform division; restrictions on eligibility for
appointment to.............................................. 895
Duty to collect, classify and preserve certain information............. 690
Recovered stolen motor vehicles; liability of owner for storage fees limited ... 632
LEGAL DEFENSE OF INDIGENTS
Public defenderappointing in certain counties.................. 495
INDEX
1803
LEGAL SERVICE AGENCIES, VOLUNTEER
Act providing for same in certain counties (550,000 or more) amended .... 4092
LEGISLATIVE SERVICES
Committee Procedures relating to maintenance repair, etc. of facilities . 359
LEXINGTON, CITY OF
Time for holding municipal elections changed............................. 3937
LIBERTY COUNTY
Constitutional amendments relating to industrial authority continued .... 3873
Magistrate Court; manner of selecting magistrates changed................ 3770
LIBRARIES, LOCAL AND REGIONAL PUBLIC
Law amended.................................................... 1005
LICENSES TO CARRY PISTOLS OR REVOLVERS
Exemption of certain retired law enforcement officers from payment of fee . 1388
Investigative procedures for renewal changed.............. 935
LIENS, MECHANICS SPECIAL
Property subject; filing....................................... 561
LIFE ESTATES
Closure of contingent remainder interests of certain classes............. 792
LINCOLN COUNTY
Board of Commissioners; compensation of members other than chairman ... 4205
Superior Court Terms Changed.............................. 351
LINCOLNTON, CITY OF
New charter .................................................. 4829
LIMITATION OF ACTIONS
Rights as to persons imprisoned changed........................ 580
LITTER CONTROL LAW
Amended; prima facie and presumptive evidence of identity of offender .... 1489
LIVESTOCK DISEASES
Prevention and controlEquine diseases......................... 389
LIVING WILLS
Form and manner of executing; effect of same ............................ 1477
1804
INDEX
LOCAL FIRE DEPARTMENTS
Required to meet certain standards................................ 1000
LOCAL GOVERNMENT
Actions pursuant to granted powers in exercise of state policy..... 1337
Annexation of territory; limitation on annexation by certain municipalities;
definitions.................................................. 976
Budget and audit procedures changed.............................. 818
Counties authorized to adopt and enforce certain ordinances ....... 1086
Counties authorized to punish for violations of certain ordinances.. 505
Filing of certain information with Department of Community Affairs
required..................................................... 941
General obligation refunding bonds; issuance, procedures.......... 1362
Resource Recovery Development Authorities Law amended........... 1694
Submissions to United States Department of Justice; copies to Attorney
General....................................................... 1432
Urban Residential Finance Authority Law Amended.................. 337
LOGANVILLE, CITY OF-d
Recorder; qualifications; maximum fining and forfeiture authority. 5253
LONG COUNTY
Magistrate Court; manner of appointment of chief magistrate ....... 4696
LORD COMPANY, THE
Land conveyance................................................ 329
LOUISVILLE, CITY OF
Regular municipal elections, date changed......................... 3915
LOW-VOLTAGE CONTRACTING
Licensing....................................................... 1129
LUCAS, DAVID
Pedestrian walkway designated..................................... 4725
LUMPKIN COUNTY
Chief Magistrate, term of office; election of successor........... 3777
LUMPKIN COUNTY WATER AND SEWERAGE AUTHORITY ACT
Enacted........................................................... 4500
M
MABLETON PARKWAY
Designated
4278
INDEX
1805
MACON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Corporate limits changed.................................. 3583
MACON COUNTY
Constitutional amendment regarding popular election of school board
continued i............................................... 3858
MACON JUDICIAL CIRCUIT
Salary Supplements of Judges and District Attorney................. 343
MAGISTRATE COURTS
Law amended................................................. 1096
Minimum compensation of probate judges serving as chief magistrate. 442
MARCUS, SIDNEY J.
Auditorium designated......................................... 4719
MARIETTA, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Corporate limits changed.................................. 5004
MARION COUNTY
Magistrate Court; Probate Judge designated chief magistrate... 4605
Sheriff; compensation of deputy changed ...................... 4440
MARRIAGE LICENSES
County where same may be issued............................... 1192
MAXEYS, TOWN OF'
New charter................................................... 4887
McDonald, larry, memorial highway
Designated.................................................... 4597
McDuffie county
Board of Commissioners; compensation and allowances of members..... 4521
Compensation of sheriff and employees of sheriff................... 4519
Magistrate Court; appointment of chief magistrate, etc........ 4524
Salary of coroner changed..................................... 4692
Superior Court clerk; compensation............................ 4527
McIntosh county
Appointment of school superintendent by Board of Education; referendum . 4106
Board of Education; compensation of chairman and members changed .. 5231
Board of Education; terms of office of members; referendum ........ 4103
1806
INDEX
Superior Court; Grand juries, drawing and length of terms.......... 4054
McIntyre, town of
Corporate limits extended.......................................... 3624
MEDICAL EDUCATION
State funding for medical education provided by certain hospitals . 585
MENTAL HEALTH:
Clinical records, conditions of release changed.................... 594
Expenses for patients in state institutions; assessment standards.. 968
Transfer of certain patients to custody of Federal agencies........ 756
MERIWETHER BOARD OF COMMISSIONERS
Land conveyance.............................................. 476
MERIWETHER COUNTY
Conveyance of land located in...................................... 492
METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS
Composition of membership, terms, etc........................ 653
METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE
Extended..................................................... 336
MILLEDGEVILLE, CITY OF
Mayor and Aldermen; election and terms of office............ 3852
Police Court changed to Municipal Court; provision for deputy
recorder................................................ 4250
MILLEN, CITY OF
Land conveyance.............................................. 746
Land conveyance (Resolution No. 55, 1975 amended)............ 483
MILLER COUNTY-Bp
Magistrate Court; Probate Judge designated chief magistrate. 4529
MINERAL RESOURCES
Oil and Gas and Deep Drilling Act of 1975 amended ............... 398
MINIMUM WAGE
Amount changed.............................................. 1324
MINORS
Domicile, how determined..................................... 612
INDEX
1807
MISDEMEANOR OFFENDERS
Assignment to place of confinement by Department of Offender
Rehabilitation........................................... 604
MITCHELL COUNTY
Board of Education; compensation of chairman and members...... 4383
MONTGOMERY COUNTY
County Attorney not required to be a resident of county....... 4116
Magistrate Court; probate judge designated chief magistrate; compensation,
etc... ................................................... 4379
MONTICELLO, CITY OF
Mayor and Councilmen; election procedures..................... 3779
MORELAND, TOWN OF
Corporate limits changed...................................... 4408
MORGAN COUNTY
Magistrate Court; appointment of constables; law library fees. 4398
MORRIS, ENSIGN ASHLEY D.
Memorial bridge designated..................................... 4720
MORROW, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
MORTGAGES, CONVEYANCES TO SECURE DEBT AND LIENS
Fees for transfer of Property subject to Security Deed........ 132
MOTORCYCLES
Fees for licenses and plates .................................. 896
Operator safety training program provided...................... 644
MOTOR VEHICLE ACCIDENT INSURANCE
Proof of financial responsibility required in certain cases... 1333
Restoration fee for return of licenses after cancellation..... 697
MOTOR VEHICLE CERTIFICATE OF TITLE ACT
Certain definitions changed.................................... 781
MOTOR VEHICLE LIABILITY POLICIES
Certain coverages increased.................................... 839
1808
INDEX
MOTOR VEHICLES
Width and weight limitations............................................ 621
MOTOR VEHICLES AND TRAFFIC
Abandoned vehicles; removal from public property, time.................. 648
Amateur radio operatorsadditional requirements for special license plates .. 433
Application of certain material to windshield and front windows of motor
vehicles prohibited............................................... 1211
Certificates of title; grievance procedures; acts or omissions of Department of
Revenue .......................................................... 1194
Definition of speed detection device.................................... 502
Distinctive drivers licenses for minors; amount of restoration fee changed .. 1070
Drivers licenses; suspension for conviction of D.U.I. in another state. 614
Flashing or revolving blue lights; operation of motor vehicle with same
prohibited; exceptions............................................. 1192
Georgia Institute of Technology centennial; special license plates
commemorating same authorized...................................... 1677
Handicapped Parking Law amended ..................................... 1263
Identification cards; issuance under passport number for certain persons.... 1674
Motorcycle operator safety training program provided.................... 644
Motor Vehicle Certificate of Title Act; certain definitions changed... 781
Offenses; authority of courts to change or modify judgments or sentences
limited........................................................... 1144
Personalized license plates for former prisoners of war................. 423
Registration; transfer by purchaser, time............................... 603
Revocation of drivers licenses of habitual violators................... 797
Unregistered trucks; highway use permits............................... 1199
Vehicle registration; return and payment of certain federal taxes as condition
prerequisite ...................................................... 609
Vehicles used for agricultural purposes; licensing and equipment
requirements...................................................... 1329
MOULTRIE, CITY OF
Charter amendments..................................................... 4955
MOUNTAIN PARK, CITY OF
Charter amendments; mayors court name changed, etc.................... 5126
MUNICIPAL CORPORATIONS
Annexation of territory; limitation on annexation by certain municipalities;
definitions........................................................ 976
MUNICIPAL ELECTIONS AND PRIMARIES
Conduct of elections by counties in certain cases....................... 826
Losing candidates right to a recount................................... 634
Penalties for violation of code......................................... 661
Poll officers assigned to conduct county, state or federal elections authorized
to conduct municipal elections ................................... 1376
Registrars required to purge list of electors........................... 860
INDEX
1809
MUNICIPAL TAXATION
Limitation on taxation for municipal development authorities removed... 805
MURPHY, THOMAS B.
Ballroom designated............................................ 4718
MURRAY COUNTY
Board of Elections created..................................... 4009
Magistrate Court; selection of magistrates; compensation....... 4061
MUSCOGEE COUNTY
Magistrate Court; Judge of Municipal Court of Columbus and Muscogee County
designated chief magistrate .............................. 4109
Probate Court judge; compensation ............................. 4316
Salary of sheriff.............................................. 4607
State Court; compensation of judge; solicitor and assistant solicitor . 4447
Superior Court; compensation of clerk and chief deputy clerk .......... 4314
Superior Court; salary supplement of Judges of Chattahoochee Circuit .. 4157
Tax Commissioner, compensation.................................. 4154
N-H
NELSON, TOWN OF
Election of mayor and councilmen............................... 4877
NEWNAN, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
District election of aldermen, etc............................. 3795
NEWTON COUNTY
Board of Commissioners; composition of member districts................ 3507
Education districts ........................................... 3501
Magistrate Court; Judge of Probate Court designated chief magistrate, etc. . 5132
NONPARTISAN PRIMARIES
Independent ballots provided by Secretary of State..................... 1490
NON-PROFIT HOMES FOR MENTALLY HANDICAPPED
Exemption from ad valorem taxation; state-wide referendum.............. 1253
NORTH GEORGIA COLLEGE
Military scholarships, number of recipients .................... 721
NORTH HIGH SHOALS, TOWN OF
Election of Mayor and Council provided for ............................ 3997
1810
INDEX
NOTARIES PUBLIC
Law amended................................................. 1105
NOTLA WATER AUTHORITY ACT
Amended..................................................... 3618
0
OCCUPATION TAXES
Limitation on municipal and county taxation of veterinarians. 591
OCONEE COUNTY
Magistrate Court; Judge of Probate Court designated Chief Magistrate. 4043
OFFICIAL CODE OF GEORGIA
Amended generally........................................... 22
OGLETHORPE COUNTY
Office of tax commissioner created.......................... 4485
OGLETHORPE POWER CORPORATION
Easement..................................................... 750
OIL AND GAS AND DEEP DRILLING ACT OF 1975T-H
Amended...................................................... 398
OYSTERS AND CLAMS
Regulations respecting taking of same changed................ 416
:p "
PALMETTO, CITY OF
Mayor and Councilmen; term of office; referendum............ 4390
PARDONS AND PAROLES
Imposition of parole supervision fees authorized............. *75
PARTNERSHIPS
Uniform Partnership Act enacted.......................... 1439
PATIENTS HEALTH RECORDS
Health care providers required to furnish copies to patient or other designated
recipient........................................ 1
INDEX
1811
PAULDING COUNTY
Board of Commissioners; compensation of Chairman........................ 4078
Board of Education; composition of education districts.................. 5146
PEACE OFFICERS ANNUITY AND BENEFIT FUND
Composition of Board of Commissioners changed........................... 926
Credit for prior service................................................ 996
PEACH COUNTY
Authorized to regulate rates of certain water and sewer companies....... 4377
Board of Commissioners; compensation of members......................... 4289
PEACHTREE CITY AIRPORT AUTHORITY ACT
Enacted........................................................... 4935
PELHAM, CITY OF
Lease of real property located in....................................... 479
PENAL INSTITUTIONS
Certain personnel designated as correctional officers................... 639
Community service programs, liability of participating officers limited. 592
Confidentiality of certain records ..................................... 1361
Contraband substances, possession by inmate a felony.................... 593
Department of Offender Rehabilitation; selection of personnel; consent of
Board no longer required....................................... 940
Inmates work products, sale to private colleges................... 651
Misdemeanor offenders, assignment to place of confinement............... 604
Pardons and paroles; imposition of parole supervision fees authorized... 775
Probation; duty of probationer to report to supervisor.................. 1317
Probation; pre-trial release and diversion programs................ 367
Special alternative incarceration as a condition of probation reduced. 446
State Board of Pardons and Paroles, organization and procedures changed... 689
PERRY, CITY OF-J c
Acts of council; resolutions and ordinances....................... 3668
Composition of council districts; election of members; residency
requirements.................................................. 3654
PERRY-FORT VALLEY AIRPORT AUTHORITY
Quorum............................................................ 3662
PERSONAL CARE HOMES
A definition changed............................................... 649
PERSONAL IDENTIFICATION CARDS
Issuance by Department of Public Safety under passport number to certain
persons ...................................................... 1674
1812
INDEX
PESTICIDES
Contractors and applicators licenses; grounds for denial.......... 890
PHYSICIANS AND OSTEOPATHS
Evaluation of medical and osteopathic colleges; licensing of certain
graduates ...................................................... 1067
PHYSICIANS ASSISTANTS
Application for approval of use, contents........................... 611
PIKE COUNTY
Board of Commissioners; new commissioner districts, etc............. 4586
PLAINS, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
POOLER, TOWN OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Corporate limits defined ................................. 4326
POWDER SPRINGS
Downtown Development Authority powers, etc........ 3801
PREFERENTIAL ASSESSMENT OF AGRICULTURAL LAND
Classes of persons entitled; proposed amendment to the Constitution. 1711
PREMIUM FINANCE COMPANIES, INSURANCE
Notices of cancellation....................................... 1345
PRIVATE CARRIERS
Redefined, further regulated.................................. 1394
PRIVATE DETECTIVE AND SECURITY AGENCIES
Act relating thereto amended.................................. 1338
PROBATE COURTS
Minimum compensation of Probate Judges serving as Chief Magistrate.. 442
Orders setting date for response to petitions; granting petitions without
hearing ................................................... 970
PROBATE OF WILL IN COMMON FORMIJj
Conclusiveness, time........................................... 658
When may be taken.............................................. 681
INDEX
1813
PROBATION
Conditions for probation in certain cases............................... 894
Duty of probationer to report to supervisor............................. 1317
Pre-trial release and diversion programs................................ 367
Special alternative incarceration; as a condition of probation reduced. 446
PROCESS, SERVICE
Service on defendant by second original outside county where action filed ... 966
PROFESSIONAL COUNSELORS, SOCIAL WORKERS AND MARRIAGE AND
FAMILY THERAPISTS LICENSING LAW
Enacted............................................................... 1406
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Law relative thereto amended............................................ 1146
PROFESSIONAL PRACTICES COMMISSION
Per diem expense reimbursement.......................................... 1201
PROFESSIONAL SERVICE FEES
Disclosure statements; certain provisions regarding copies deleted...... 851
PROFESSIONAL STANDARDS COMMISSION
Per diem expense reimbursement....................................... 1201
PROFESSIONS AND BUSINESSES
Applied psychologistsexamination for licenses........................ 503
Architects; additional method for applicants to qualify for examination. 595
Auctioneers; membership of commission changed; unlawful practices....... 1084
Chiropractors; qualifications of applicants for licensure changed; authority of
board............................................................. 913
Composite State Board of Medical Examiners authorized to distribute
information on breast cancer...................................... 1465
Cosmetologists; persons authorized to instruct in cosmetology and esthetics .. 581
Dietitians Licensing Law enacted................................... 1377
Dispensing opticians, license requirements, continuing education........ 513
Funeral directors, embalmers, etc., qualifications of applicants for licenses ... 511
Georgia Auctioneers Commissiontermination date changed ................ 438
Georgia Board of Registered Professional Sanitarianscomposition changed . 425
Georgia Private Detective and Security Agencies Act amended........... 1338
Hearing aid dealers and dispensers; act amended....................... 1119
Innkeepers; liability for valuables of guests; law changed.............. 924
Physicians and osteopaths; methods of evaluation of medical and osteopathic
colleges; licensing of certain graduates ......................... 1067
Physicians Assistants, contents of application for approval of use..... 611
Professional Counselors, Social Workers, and Marriage and Family Therapists
Licensing Law enacted ........................................... 1406
Professional engineers and land surveyors; law amended ................. 1146
1814
INDEX
Real estate brokers and salespersons; licensing requirements changed....... 844
Registered Professional Sanitarians, continuing education required for license
renewal............................................................. 647
State Board of Architectscomposition ................................... 448
State Board of Recreation Examiners, termination date changed.............. 452
State Construction Industry Licensing Board; low voltage contracting;
licensing .......................................................... 1129
State examining boards; investigators, powers, duties, etc................. 704
State examining boards; powers, procedures, appointment of members......... 552
Used motor vehicle dismantle!, rebuilders, etc., composition of State Board of
Registration changed................................................ 535
Veterinarians and registered animal technicians; exemption of certain applicants
from examination.......................................................... 544
PROPERTY
Abandoned property; animals or pets, disposition......................... 572
Disposition of Unclaimed Property Act amended.......................... 575
Effect of recorded lifetime transfer by all joint tenants.................. 1335
Escheat of estates; law amended......................................... 1124
Heart pacemakers; persons authorized to dispose of same upon death of person
possessing same..................................................... 1036
Landlord and tenant; affidavits for writs of possession.................... 892
Landlord and tenant; political subdivisions prohibited from enforcing rent
control ordinances.................................................. 1079
Landlord and tenant; record on appeals in dispossessory proceedings,
supplementation...................................................... 859
Life Estates; closure of contingent remainder interests of certain classes. 792
Mechanics special liens; property subject; filing....................... 561
Rights in personalty, presumption of abandonment by persons in custody ... 517
Transfer of Real Property Subject to Security Deed-Fees ................... 132
Uniform Management of Institutional Funds Act enacted.................. 831
PUBLIC AND LEGAL HOLIDAYS
Procedures for determining; how observed................................ 1274
PUBLIC ASSISTANCE
Dependent child, definition changed..................................... 1426
Supplementation for private rooms in nursing homes allowed................. 1647
PUBLIC OFFICE
Defined; soil and water conservation district supervisors excluded......... 696
PUBLIC OFFICERS AND EMPLOYEES
Annual Budget Estimates for legislative branchprovisions changed.......... 359
Assistant Attorneys General; certain representations of criminal defendants
permitted........................................................... 1359
Certain definitions changed; Georgia Indemnification Commission created.... 762
Certain officials removed from the classified service.................... 467
Certain State Merit System records to remain confidential.................. 583
INDEX
1815
Conflicts of interest; certain transactions excluded.................... 1204
Conflicts of interest; county commissioners, exceptions................. 619
Coroners; Georgia Post-Mortem Examination Act amended................... 812
Leave of absence with pay; employee donating kidney..................... 907
Notaries Public law amended............................................. 1105
Part-time officials; purchase of surplus state property permitted....... 1122
Persons authorized to administer oaths and take acknowledgments of overseas
personnel...................................................... 504
Professional service fees; disclosure statements; certain provisions regarding
copies deleted ..................................................... 851
Salaries and allowances of members of the General Assembly.............. 717
Salaries and fees; compensation of superior court judges and district
attorneys..................................................... 808
State Employees Health Insurance Plan; employees of Georgia development
Authority included in plan..................................... 543
State Employees Health Insurance Plan certain employees of private employment
centers included............................................... 720
State Personnel BoardExpense allowance of members................. 427
Supreme Court Justices and Court of Appeals JudgesCompensation......... 444
Suspension of certain officials upon being indicted for a felony........ 1279
Transacting business with the State prohibited; exceptions.............. 1196
Vacancies in certain offices; manner of filling.................... 1152
PUBLIC SCHOOL EMPLOYEES
Health insurance plan; provisions relating to contributions changed..... 1692
PUBLIC SCHOOL EMPLOYEES RETIREMENT FUND
Composition of Board of Trustees changed ......................... 827
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION
Liability of political subdivisions arising from use of 911 emergency telephone
service........................................................ 652
Limitation of liability of certain common carriers; liens of carriers... 693
Private carriers redefined, further regulated...................... 1394
PULASKI COUNTY
Magistrate Court; appointment of Chief Magistrate, terms of office, etc.4100
PUTNAM COUNTY
Additional homestead exemption for persons 65 or older; referendum...... 4657
Magistrate Court; appointment of Chief Magistrate provided for.......... 3788
-Q-
QUALIFICATIONS OF CANDIDATES FOR PUBLIC OFFICE
Hearing by Secretary of State regarding
636
1816
INDEX
QUITMAN COUNTY
Magistrate Court; Probate Judge designated Chief Magistrate .......... 3978
R
RABUN COUNTY
Compensation of sheriff, etc.......................................... 4707
Constitutional amendment providing for levy of sales and use tax by Board
of Education continued............................................ 3866
RADIATION CONTROL
Department of Human Resources authorized to collect civil penalties in
certain cases........................................... 1428
RANDOLPH COUNTY
Magistrate Court; appointment, terms and compensation of magistrates ... 3638
REAL ESTATE BROKERS AND SALESPERSONS
Licensing requirements changed ............................... 844
REAL ESTATE TRANSFER TAX
Exemptions; division of jointly owned property........................ 936
REDEMPTION OF PROPERTY SOLD FOR TAXES
Cost to includes taxes paid by purchaser.............................. 1016
REGISTERED PROFESSIONAL SANITARIANS
Continuing education required for license renewal............ 647
REGISTRARS, BOARDS OF,
Authority to change entry of electors address limited................ 922
Duty to furnish list of qualified electors............................ 694
REGISTRATION AND LICENSING OF MOTOR VEHICLES
Highway use permits for unregistered trucks........................... 1199
Personalized license plates for former prisoners of war............... 423
Return and payment of certain federal taxes as condition prerequisite. 609
RENTAL AGREEMENT, RESOLUTION
Georgia Trust for Historic Preservation, Inc.......................... 732
RENT CONTROL ORDINANCES
Political subdivisions of state prohibited from enforcing............. 1079
RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW
Amended............................................................... 1694
INDEX
1817
RETIREMENT AND PENSIONS
Employees Retirement System of Georgia; continued employment of certain
employees proposed for involuntary separation...................... 1309
Employees Retirement System of Georgia; kinds of involuntary separation
distinguished...................................................... 1296
Employees Retirement System of Georgia; mandatory retirement age
changed............................................................ 1487
Firemens Pension Fund Law amended..................................... 990
Georgia Firemans Pension Fund; composition of board of trustees changed . . 828
Joint Municipal Employees Retirement System; law revised............... 1041
Judges of the Probate Courts Retirement Fund; composition of board of
commissioners changed............................................... 932
Limitation on use of service in General Assembly as service credit under other
retirement systems................................................. 758
Peace Officers Annuity and Benefit Fund; composition of board of
commissioners changed............................................... 926
Peace Officers Annuity and Benefit Fund; credit for prior service...... 996
Public School Employees Retirement Fund; composition of board of trustees
changed............................................................. 827
Sheriffs Retirement Fund of Georgia, composition of board of
commissioners..................................... ......... ...... 507
Superior Court Clerks Retirement Fund of Georgia; composition of board of
commissioners changed............................................... 929
Survivors Benefits; payment to other than spouse............... 810
Teachers Retirement Law amended......................................... 990
Teachers Retirement System of Georgia; board of trustees, composition .... 1155
Teachers Retirement System of Georgia; credit for service in other school
systems............................................................. 998
Teachers Retirement System of Georgia; definition of teacher changed ... 1314
Trial Judges and Solicitors Retirement Fund; composition of board of
trustees changed................................................... 1179
REVENUE AND TAXATION
Ad valorem taxation of property; additional exemption, state-wide
referendum.......................................................... 520
Ad valorem taxation of property; certain exemptions continued.......... 1058
Ad valorem taxation of property; date for filing certain applications for
exemption changed.................................................. 1371
Ad valorem taxation of property; exemption for educational purposes of
certain homesteads................................................. 1497
Ad valorem taxation of property; non-profit homes for mentally handicapped,
exemption, state-wide referendum................................... 1253
Ad valorem taxation; exemption of certain motor vehicles, state-wide
referendum.......................................................... 788
Ad valorem taxation, preferential assessment of agricultural real property law
amended............................................................. 686
Code amended............................................................ 352
County taxation; limitation on taxation for support of development
authorities removed................................................. 807
County tax collectors and commissioners; time for remitting taxes collected .. 962
1818
INDEX
Income taxation; manner of computing net income of corporations changed . 1323
Income taxes; minority subcontractors, certain payments to same excluded
from net income................................................. 1644
Income Taxes; penalties for filing frivolous returns .................... 357
Limitation on municipal and county occupational taxation of veterinarians .. 591
Motor vehicle license fees and plates; fees for motorcycles.............. 896
Municipal taxation; limitation on taxation for municipal development
authorities removed.............................................. 805
New State Board of Equalization created.............................. 352
Real estate transfer tax; exemptions, division of jointly owned property. 936
Sales and use taxes; exemption of prescription drugs, eyeglasses and contact
lenses.......................................................... 1466
Solar Energy Tax Credit Act of 1984...................................... 715
Tax executions; return to appropriate court.......................... 948
Tax sales; cost of redemption to include taxes paid by purchaser.... 1016
Tax sales; counties authorized to purchase property sold under tax
executions....................................................... 904
Tax sales of unreturned property, time of advertisement.............. 660
RICHARD B. RUSSELL DAM
Boating safety zone established...................................... 422
RICHMOND COUNTY
Board of Education; composition of board, election districts, etc.,
referendum....................................................... 5119
Compensation of certain officials.................................... 4642
Magistrate Court; provisions for same................................ 4467
New Board of Commissioners created................................... 4245
Probate Court; certain restrictions on judge emeritus removed............ 4242
RINGGOLD, CITY OF
Corporate limits further defined..................................... 4171
RIVERDALE, CITY OF
Corporate limits changed............................................. 4653
ROCHELLE, CITY OF
Mayors or Recorders Court; punishment permitted to be imposed.... 5135
ROCKDALE COUNTY
See also Tabular IndexCountiesHome Rule Amendments
Board of Commissioners; compensation of members...................... 4041
Compensation of public defender ..................................... 3644
Coroner; automobile expense allowance................................ 4039
Probate Judge; compensation.......................................... 4035
Sheriff; compensation ............................................... 4037
Sheriffs Department merit board created.............................. 3747
Superior Court Clerk; compensation................................... 4152
Tax commissioner; compensation....................................... 4033
INDEX
1819
ROSSVILLE, CITY OF
Certain territory excluded from corporate limits........................ 5114
S
SALARIES AND FEES
Compensation of superior court judges and district attorneys............ 808
SALES AND USE TAXES
Exemption of prescription drugs, eyeglasses and contact lenses ......... 1466
SANTA CLAUS, CITY OF
Charter enacted................................................ 5077
SAVANNAH, CITY OF
Municipal Court abolished...................................... 4422
SCHOOL PROPERTY^H
County Boards of Education authorized to expend funds to acquire or
improve..................................................... 373
SCREVEN COUNTY
Board of Commissioners; compensation of chairman and members............ 3884
SECURITIES
Compatibility with federal securities exemptions provided....... 529
SEMINOLE COUNTY
Board of Commissioners; boundaries of commissioners districts.......... 4073
Magistrate Court; judge of probate court designated chief magistrate.... 3834
SHERIFFS
Allowance for use of personal vehicle........................... 519
Annual training requirements; exemptions in certain cases............... 579
Counties granted authority to create merit boards to decide appeals from
disciplinary actions........................................ 536
Eligibility to hold office not affected by conviction of certain crimes. 1369
Minimum annual salaries; additional compensation for certain services... 783
Procedure upon indictment or conviction of a felony..................... 1279
SHERIFFS RETIREMENT FUND OF GEORGIA
Composition of Board of Commissioners......................... 507
SKY VALLEY, CITY OF
Charter amendments............................................. 4310
1820
INDEX
SNELLVILLE, CITY OF
Certain territory included in corporate limits............... 4291
SNOW, PEGGY J.
Compensation................................................. 4722
SOCIAL SERVICES
Institutions licensed to care for children; criminal records checks of
personnel................................................ 1397
Joint Board of Family Practice, membership, terms of office, etc. 365
Public assistance; definition of dependent child changed .... 1426
Public assistance; supplementation for private rooms in nursing homes
allowed ................................................. 1647
SOLAR ENERGY TAX CREDIT ACT OF 1984
Enacted....................................................... 715
SOPERTON, CITY OF
New charter.................................................. 4212
SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE
MANAGEMENT COMPACT
Amended....................................................... 876
SOUTHERN JUDICIAL CIRCUIT
County supplements to judges salaries........................ 852
SOUTH GEORGIA JUDICIAL CIRCUIT
Supplemental compensation of judges........................... 983
SOUTH OAKS ROAD
Designated (in Dooly County)................................. 4717
SOUTHWESTERN JUDICIAL CIRCUIT
Stewart County terms changed .................................. 440
SOUTHWESTERN JUDICIAL CIRCUIT
Terms of Webster Superior Court changed....................... 439
SPALDING COUNTY
Compensation of Coroner...................................... 4534
Magistrate Court; costs, practice and procedure.............. 4531
State Court; compensation of judge and solicitor............. 4201
SPECIAL ELECTIONS
Beginning date for qualifying................................. 780
INDEX
1821
Officials required to issue call............................ 637
SPECIAL MASTER IN EMINENT DOMAIN
Filing of oath; form of award............................... 982
SPEED DETECTION DEVICE
Defined:.................................................... 502
STAPLETON, TOWN OF
Name changed to City of Stapleton........................... 4296
STATE BOARD OF ARCHITECTS
Composition................................................. 448
STATE BOARD OF DISPENSING OPTICIANS
Termination date changed.................................... 513
STATE BOARD OF EQUALIZATION
New Board created; procedures.............................. 352
STATE BOARD OF FUNERAL SERVICE
Termination date changed................................... 511
STATE BOARD OF PARDONS AND PAROLES
Organization and procedures changed ........................ 689
STATE BOARD OF RECREATION EXAMINERS
Termination date changed.................................... 452
STATE BOARD OF REGISTRATION FOR FORESTERS
Termination date extended................................... 445
STATE BOTANICAL GARDEN OF GEORGIA
Designated.................................................. 475
STATE BOXING COMMISSION
Boxing match licenses; law amended........................... 1223
STATE CONSTRUCTION INDUSTRY LICENSING BOARD
Low-voltage contracting; licensing........................... 1129
STATE ELECTION BOARD
Duty to adopt rules regarding voter registration places
1430
1822
INDEX
STATE EMPLOYEES HEALTH INSURANCE PLAN
Certain employees of private employment centers included............... 720
STATE EMPLOYEES HEALTH INSURANCE PLAN
Georgia Development Authority employees included in plan............... 543
STATE EXAMINING BOARDS
Investigators, powers, duties, etc..................................... 000
Powers, procedures, appointment of members............................. 552
STATE GOVERNMENTM
Administrative procedures; actions required prior to adoption of rules. 1219
Department of Community Affairs; advisory committee created............ 1177
Department of Community Affairs; composition of board, terms, etc...... 378
Disposition of surplus property; procedure changed..................... 903
Georgia Commission on State Growth Policy; law creating amended........ 381
Georgia Development Authority, membership changed...................... 420
Interagency motor pools; maintenance and repair of vehicles, rules changed . 1077
Managerial control over acquisition of certain professional services... 1648
Metropolitan area planning and development commissions, composition of
membership, terms, etc..................................... 653
Purchase orders and requisitions; use of consecutively numbered mandated . 1004
STATE MERIT SYSTEM
Certain records to remain confidential......................... 583
STATE PERSONNEL BOARD
Expense allowance of members................................... 427
STATESBORO, CITY OF
Residency of recorder......................................... 4649
STATE SENATE DISTRICTS
Composition of districts 10 and 13 changed..................... 394
STATE SCHOOL SUPERINTENDENT APPOINTMENT
Proposed amendment to the Constitution........................ 1716
STEWART COUNTY
Board of Commissioners created; election, terms of office, compensation,
referendum................................................ 3513
STONE MOUNTAIN MEMORIAL ASSOCIATION
Membership of Board............................................ 501
INDEX
1823
SUMMONS IN GARNISHMENT
Service...................................................... 1319
SUMTER COUNTY BOARD OF COMMISSIONERS
Land conveyance.......................................... 737
SUPERIOR COURT CLERKS RETIREMENT FUND OF GEORGIA^
Composition of Board of Commissioners changed......................... 929
SUPERIOR COURTS
See Tabular IndexSuperior Courts
SUPREME COURT
Compensation of Justices .................................. 444
SUSPENSION OF CERTAIN PUBLIC OFFICIALS UPON BEING INDICTED FOR
A FELONY
Proposed amendment to the Constitution....................... 1719
SWAINSBORO, CITY OF
Land Conveyance .......................................... 742
T
TALBOT COUNTY-^
Magistrate Court; probate judge designated chief magistrate. 4709
TALBOTTON, CITY OF
New charter............................................... 4536
TALIAFERRO COUNTY
Magistrate Court; judge of probate court designated chief magistrate. 4264
TALLAPOOSA JUDICIAL CIRCUIT
Supplemental Expense Allowance of District Attorney........ 339
TALLULAH FALLS, TOWN OF
Municipal Court; maximum punishment authorized to be imposed by same . 4690
New charter.......................................... 3547
TATTNALL COUNTY
Sheriffs patrol automobiles................................. 4118
State Court; compensation of clerical assistant to solicitor. 3990
1824
INDEX
TAX COLLECTORS AND COMMISSIONERS, COUNTY
Time for remitting taxes collected ................................ 962
TAX EXECUTIONS
Return to appropriate court.................................. 948
TAX SALES
Cost of redemption to include taxes paid by purchaser.............. 1016
Counties authorized to purchase property sold under tax executions. 904
Time of advertisement as to unreturned property ............. 660
TEACHERS RETIREMENT LAW
Amended...................................................... 990
TEACHERS RETIREMENT SYSTEM OF GEORGIA
Board of trustees; composition.............................. 1155
Credit for service in other school systems................... 998
Definition of teacher changed............................. 1314
THE YEAR OF THE DISABLED VOTER IN GEORGIA-
1984 designated............................................. 1277
THIRD-PARTY DEFENDANTS
Venue....................................................... 1149
THOMAS COUNTY
Office of County Manager created............................ 3751
THOMASTON, CITY OF-M
See Tabular IndexMunicipalitiesHome Rule Amendments
THOMASTON, CITY OFUPSON COUNTY
Joint board of tax assessors, act creating repealed........... 3544
THOMASVILLE, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
TOCCOA, CITY OF
See Tabular IndexMunicipalitiesHome Rule Amendments
TOOMBS COUNTY
Board of Education authorized to appoint school superintendent,
referendum........................................................... 4273
Board of Education; election of members, education districts, etc......... 4669
Magistrate Court; chief magistrate, how appointed......................... 4113
INDEX
1825
TOWNS COUNTY
Constitutional amendment regarding levy of sales and use tax continued ... 3793
Magistrate Court; probate judge designated chief magistrate.... 4139
Office of Commissioner as governing authority created.......... 4130
Office of Tax Commissioner created............................. 4135
Probate Court; judges operating expenses subject to approval of governing
authority.................................................. 4125
Sheriffs deputies.............................................. 4128
TRACY, PHILLIP
Compensation................................................... 4450
TRADEMARKS AND SERVICE MARKS
Penalties for infringement...................................... 944
TRAFFIC OFFENSES
Authority of courts to change or modify judgments or sentences limited .... 1144
TREUTLEN COUNTY
Magistrate Court; probate judge designated chief magistrate.... 4114
TRIAL JUDGES AND SOLICITORS RETIREMENT FUND
Composition of Board of Trustees changed ...................... 1179
TROUP COUNTY
Constitutional amendment providing for division of county into school districts,
etc., continued............................................ 3860
Salaries of specified officers changed ........................ 3965
Salary of coroner.............................................. 4882
Small Claims Court, salary of judge............................ 3960
State Court; compensation of judge and solicitor............... 3962
State Court; drawing, summoning and impaneling jurors.......... 4047
TURNER COUNTY-33
Board of Commissioners; composition, election of members, etc.,
referendum................................................. 4563
Board of Education; education districts, election of members, etc.,
referendum................................................. 4862
TWIGGS COUNTY
Board of Commissioners; method of filling vacancies on board... 4120
Board of Education; method of filling vacancies................ 3994
U
UNCLAIMED PROPERTY
Diposition, act relating thereto amended
575
1826
INDEX
UNIFORM ACT FOR THE APPLICATION OF BUILDING AND FIRE RELATED
CODES TO EXISTING BUILDINGS
Enacted..................................................... 1160
UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT
Enacted..................................................... 831
UNIFORM PARTNERSHIP ACT-H
Enacted..................................................... 1439
UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT
Duty of court acting as responding state.................... 387
UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT
Amended; definition of state enlarged..................... 613
UNION COUNTY
Magistrate Court; probate judge designated chief magistrate. 4287
Office of Commissioner created.............................. 4281
Office of Treasurer abolished............................... 4166
Probate Judge; compensation and expense allowances.......... 4705
UPSON COUNTY
Board of Education; education districts changed, referendum. 4576
Commissioner election districts, etc., referendum........... 3729
School Superintendent; appointment by board of education, referendum .... 4367
UPSON COUNTYCITY OF THOMASTON
Joint Board of tax assessors, act creating repealed......... 3544
URBAN RESIDENTIAL FINANCE AUTHORITY
Law amended................................................. 337
USED MOTOR VEHICLE DISMANTLERS REBUILDERS, ETC.
Composition of state board of registration changed.......... 535
V
VENUE
Garnishment proceedings..................................... 1319
Third-party defendants...................................... 1149
VETERINARIANS
Limitation on municipal and county occupational taxation
591
INDEX
1827
VETERINARIANS AND REGISTERED ANIMAL TECHNICIANS
Exemption of certain applicants from examination...................... 544
VITAL RECORDS
Birth certificates for foreign-born adopted persons................... 1015
VOCATIONAL TECHNICAL SCHOOLS
Certain schools authorized to charge tuition fees .................... 571
VOLUNTEER LEGAL SERVICE AGENCIES
Act providing for same in certain counties (550,000 or more) amended . 4092
VOTE RECORDERS
Display prior to elections............................................ 675
VOTER REGISTRATION
Advertisment of additional places for registration.................... 635
In high schools and area vocational schools........................... 677
Cards; municipal and county lists of electors, etc. .................. 1490
Form of cards......................................................... 1372
VOTER REGISTRATION PLACES
Duty of State Election Board to adopt rules........................... 1430
VOTE TABULATING MACHINES AND VOTE RECORDERS
Inspection by Secretary of State; fees, etc........................... 1087
W
WALKER COUNTY
Compensation of coroner changed............................... 4687
Probate Court; maximum compensation of personnel changed ............. 5236
Superior Court clerk; maximum compensation of office personnel........ 5186
Tax commissioner; compensation of office personnel.................... 4950
WALTON COUNTY
Magistrate Court; judge of probate court designated chief magistrate.. 3901
WARE COUNTYj'"
Board of Commissioners; act creating amended.................. 4395
Constitutional amendment providing for election of Board of Education, etc.,
continued................................................. 3760
Office of treasurer abolished................................. 4369
WARREN COUNTY
Magistrate Court, appointment and compensation of chief magistrate
1828
INDEX
and clerk................................................. 4362
Office of Treasurer abolished................................. 4207
WASHINGTON COUNTY BOARD OF COMMISSIONERS
Land conveyance................................................ 740
WATERCRAFT
Lifesaving devices required; exceptions................ ..... 1203
WATERS OF THE STATE, PORTS AND WATERCRAFT
Richard B. Russell Dam, boating safety zone established...... 422
Watercraft; lifesaving devices required, exceptions........... 1203
WAYNE COUNTY
Board of Education; education districts changed, referendum.. 3971
WEBSTER COUNTY-H
Compensation of commissioner.................................. 3907
Compensation of treasurer .................................... 3909
Magistrate Court; provisions made for same.................... 4451
WESTERN JUDICIAL CIRCUIT^B
County supplements to judges compensation, additional judge. 723
WEST POINT, CITY OF
Consent to annex certain state-owned property.................. 484
WHEELER COUNTY
Board of Education; election of members, referendum.......... 3601
Magistrate Court; probate judge designated chief magistrate.. 3992
WHIGHAM, CITY OF
New charter................................................... 5152
WHITE COUNTY
Superior Court clerk; manner of compensating changed......... 4497
Tax commissioner; manner of compensating changed.............. 4381
WHITE COUNTY WATER AND SEWERAGE AUTHORITY ACT
Enacted....................................................... 4920
WHITFIELD COUNTY
Magistrate Court; election and terms of chief magistrate, etc. 4159
WILCOX COUNTY BOARD OF COMMISSIONERS
Land conveyance................................................ 744
INDEX
1829
WILCOX COUNTY
Magistrate Court; appointment of chief magistrate, etc................. 4098
Office of Tax Commissioner created .................................... 4094
Superior Court; manner of compensating clerk changed................... 4141
WILDLIFE
Prohibited trapping activities.................................. 802
WILKES COUNTY-H
Board of Education created; district election of members, etc., referendum.. 3838
Commissioner districts, election of commissioners.............. 3658
Magistrate Court; appointment, compensation and duties of chief
magistrate................................................. 4559
WILKINSON COUNTY
Homestead exemptions; referendum................................ 3772
Magistrate Court; probate judge designated chief magistrate............ 3980
Probate Court; salaries of judge and employees, periodic increases..... 5233
Sheriff and employees, compensation, periodic increases................ 4480
Superior Court; manner of compensating clerk changed............ 3983
Tax Commissioner; annual salary, salaries of personnel, periodic increases .. 4635
WILLS
Probate in common form, when may be taken.............................. 681
WILLS AND CODICILS
Self-proved; probate............................................ 834
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES
Advertisements for discharge or dismission from trust, number reduced . 937
Approval by probate court of sales, etc., proposed by other than petitioner .. 974
Heart pacemakers; persons authorized to dispose of pacemaker upon death
of one in possession....................................... 1036
Probate of will in common form, conclusiveness, time................... 658
Wills and codicils; self-proved, probate........................ 834
WINE
Farm wineries; licensing requirements.......................... 1142
WITNESSES
Witness fees for campus policemen............................... 964
WOODBURY, CITY OF
Land conveyance................................................. 481
WOODSTOCK, CITY OF
Election of Mayor; term of office
3641
1830
INDEX
WORKERS COMPENSATION
Election by sole proprietor to accept coverage............... 1218
Employee redefined......................................... 816
WORTH COUNTY
Board of Commissioners; compensation of chairman and members. 3892
Z
ZEBULON, CITY OF
See also Tabular IndexMunicipalitiesHome Rule Amendments
Election of Council members by district, etc................. 3829
INDEX
POPULATION OF GEORGIA COUNTIES
County
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Campbell
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
1980
15,565
6,141
9,379
3,808
34,686
8,702
21,354
40,760
16,000
13,525
150,256
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
297,718
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
100,710
54,573
13,158
I
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
19W
14.497
7,093
8,096
7,344
24,190
8,733
13,064
25,283
14,523
15,370
83,783
9,655
6,871
20.497
6,288
26,010
26,520
9,182
10,438
5,910
9,103
34,156
12,199
5,256
117,970
15,138
18,532
20,126
28,398
7,064
11,655
6,437
38,272
21,641
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
1831
I960
13,314
6.894
7,066
7,818
22,878
9,703
12,401
25,364
13,047
14,646
77,042
9,133
6.895
21,330
5,952
26,509
29,224
9,345
10,576
6,338
9,903
8,991
34.272
9,421
4,381
105,431
8,894
16.407
20,003
26,613
6,943
10,260
7,015
35.408
19,739
30.622
8,793
11,311
25,127
7,020
17,343
4,146
3,502
23.622
70,278
21,599
18,025
22,306
9,461
18.273
1832
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 |
2,297 |
18,327 |
18,758 i
20,795 i
8,428 I
14,748 |
29,043 |
79,800 i
27,958 |
15,185 If
589,904 I
11,110 !
2,382 I
54,981 I
30,070 I
19,845 I
11,391 I
166,808 I
25,020 (I
75,649 I
9,466 |
18,422 I
15,464 I
18,585 I
6,520 I
36,309 I
77,605 I
8,988 I
25,343 I
7,553 I
11,473 I
18,403 I
8,841 .1
8,660 I
16,579 I
12,215 'I
5,654 I
36,990 I
11,684 I
37,583 I
6,716 |
4,524 |
67,972 |
10,762 I
18,546 I
8,046 |
14,003 |
17,747
5,297 I
21,229 I
1970 |
1,924 |
13,632 |
17,2t>2 * f
18.357 j
7,290 |
13.357 |
11,364 |
73,742 |
16,928 |
12,784 |
605,210 I
8,956 |
2,280 |
50,528 |
23,570 |
17,826 1
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*1
17,174 I
8,332 I
7.727 I
12,270 I
10,688-1
5,031 I
32,738 I
7,044 I
17,569 I
5,895 I
3,746 I
55,112 |
8.728 I
15,276 |
7,371 |
12,933 |
13,517 |
5,099 |
19,461 I
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 : j
14,543 |
11,167 |
15.229 |
5,333 |
17,619 |
39,154 |
9,211 |
18,499 |
6,135 |
8,914 |
17,468 |
9,148 I
8,048
8,468 1
10,240 |
5,097 |
32,313 : j
6,204 I
14,487 |
5,906 |
3,874 |
49,270 |
7,241 |
12,627 |
6,364 |
13.170 I
11,246 |
5,477 |
19,756 |
1950 |
2,494 |
9,133 |
18,585 i
19,789 [
6,653 j
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 l |
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 j
6,521 |
21,055 |
191,0
2,964
9,646
19,618
23,517
7,401
14,752
8,170
56,141
11,322
15,612
392,886
9,001
4,547
21,920
18,446
19,654
13,709
29,087
14,771
34,822
12,764
14,377
11,428
15,512
8,610
15,119
11,303
12,936
20,089
8,772
8,841
20,040
11,843
12,953
8,331
10,091
5,632
33,606
7,837
8,595
7,042
4,086
31,860
6,223
10,878
5,292
15,947
13,431
6,954
22,065
1990
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
INDEX
1833
County
Miller
Milton
Mitchell
Monroe
Montgomery
Morgan
Murray
Muscogee
Newton
Oconee
| 1980
7,038
I
I 21,114
I 14,610
j 7,011
! 11,572
i 19,685
I 170,108
i 34,439
12,427
Oglethorpe
Paulding
Peach
Pickens
Pierce
8,929
26,110
19,151
11,652
11,897
PiKe
Polk
Pulaski
Putnam
Quitman
Rabun
Randolph
Richmond
Rockdale
Schley
8,937
32,382
8,950
10,295
2,357
10,466
9,599
181,629
36,747
3,433
1970
6,424
18,956
10,991
6,099
9,904
12,986
167,377
26,282
7,915
7,598
17,520
15,990
9,620
9,281
7,316
29,656
8,066
8,394
2,180
8,327
8,734
162,437
18,152
3,097
1960
6,908
19,652
10,495
6,284
10,280
10,447
158,623
20,999
6,304
7,926
13,101
13,846
8,903
9,678
7,138
28,015
8,204
7,798
2,432
7,456
11,078
135,601
10,572
3,256
1950
I 9,023
|
| 22,528
i 10,523
| 7,901
ffl 11,899
f 10,676
| 118,028
l 20,185
E 7,009
9,958
11,752
I 11,705
8,855
11,112
8,459
30,976
8,808
7,731
3,015
7,424
13,804
108,876
8,464
4,036
P 19U0
j, 9,998
j 23,261
| 10,749
1 9,668
j 12,713
) 1-,137
| 75,494
P 18,576
j' 7,576
| 12,430
| 12,832
I 10,378
if* 9,136
| 11,800
I
10,376
| 28,467
9,829
8,514
3,435
7,821
16,609
81,863
7,724
5,033
19 SO
9,076
6,730
23,620
11,606
10,020
12,488
9,215
57,558
17,290
8,082
12,927
12,327
10,268
9,687
12,522
10,853
25,141
9,005
8,367
3,820
6,331
17,174
72,990
7,247
5,347
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
14,043
9,057
I 47,899
I 21,761
I 5,896
29,360
6,534
2,032
I 18,134
i 7,902
I
i 11,445
I 12,017
: 38,098
I 32,862
22,592
5,638
6,087
50,003
9,510
9,354
12,591
7.059
39,514
20,331
6.511
14,919
6,802
35,404
18,391
7,371
18,000
7,904
31,045
16,647
9,194
20,353
8,492
28,427
12,972
10,603
26,931
6,625
2,423
16.557
7.865
24,652
7,127
3,370
15,837
8,311
24,208
7,687
4,515
15,939
9,113
24,502
8,141
6,278
16,243
10,768
11.394
11,416
34,562
27,288
19,151
4,565
5,647
44,466
8,790
8,222
11,715
12,742
34,319
23,487
16,837
4,538
5,874
47,189
8,439
7,935
13,221
14,314
33,932
22,645
17,382
4,803
6,522
49,841
10,479
8,308
15,145
16,675
31,289
18,599
16,952
4,925
7,632
43,879
10,846
9,117
9,390
25,998
56,470
31,211
37,180
6,811
23,505
50,691
23,404
33,525
6,510
23,800
45,264
20,481
34,219
7,318
25,078
38,198
20,230
30,289
7,680
25,064
31.024
20,777
27,929
20,503
7,389
23,495
11,740
11,114
26,800
8,458
6,172
15,411
10,617
14,997
18,290
32,612
16,068
17,165
4,346
7,488
36,752
11,196
8,372
6,340
19,509
26,206
21,118
26,558
1834
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
65,775
7,682
10,951
10,368
18,064
1970
6,669 i
17,480 !
17,858 I
2,362 I
4,596
I
7,742 |
55,108 ]
6,998 I
10,184
9,393 i
14,770 1
I
I960 I
7,360 |
18,903 !
17,921 |
3,247 f
5,342
6.935 |
42,109 |
7,905 |
10,961 '
9,250 i
16,682 i
1950 |
8,779 |
21,012 |
14,248 |
4,081 1
6,712 |
I
5,951 |
34,432 |
10,167 |
12,388 |
9,781 |
19,357 |
I
1950 |
10,236 I
24,230
13,122 |
4,726 i
8,536 |
I
6,417 I
26,105 I
12,755 I
15,084 i
11,025 |
21,374 |
19SO
11,181
25,030
12,647
5,032
9,149
6,056
20,808
13,439
15,944
10,844
21,094
5,464,265 4,589,575 I 3,943,116 | 3,444,578 | 3,123,723 | 2,908,506
POPULATION NUMERICALLY LISTED
ACCORDING TO 1980 CENSUS
County Population
Taliaferro.................. 2,032
Echols 2,297
Webster..................... 2,341
Quitman..................... 2,357
Glascock.................... 2,382
Schley...................... 3,433
Clay ....................... 3,553
Baker ...................... 3,808
Long........................ 4,524
Dawson . . ................. 4,774
Wheeler .................... 5,155
Marion...................... 5,297
Towns....................... 5,638
Lanier...................... 5,654
Calhoun..................... 5,717
Stewart..................... 5,896
Treutlen.................... 6,087
Atkinson.................... 6,141
Heard 6,520
Talbot 6,534
Warren...................... 6,583
Clinch...................... 6,660
Lincoln..................... 6,716
Montgomery ................. 7,011
Miller 7,038
Charlton ................... 7,343
Candler 7,518
Jasper...................... 7,553
Wilcox...................... 7,682
Crawford ................... 7,684
Taylor...................... 7,902
McIntosh.................... 8,046
Evans ...................... 8,428
Johnson .................... 8,660
Brantley.................... 8,701
Banks....................... 8,702
Jenkins..................... 8,841
Oglethorpe.................. 8,929
Pike 8,937
Pulaski..................... 8,950
Irwin....................... 8,988
Seminole.................... 9,057
County
Twiggs
Bacon
Union
Hancock
Turner
Randolph
White
Bryan
Putnam
Wilkinson
Rabun
Lumpkin
Bleckley
Dooly
Wilkes
Gilmer
Greene
Telfair
Jeff Davis
Morgan
Pickens
Lee
Pierce
Terrell
Lamar
Dade
Oconee
Early
Camden
Cook
Berrien
Butts
Macon
Screven
Monroe
Fannin
Franklin
Brooks
Harris
Appling
Ben Hill
Jones
Population
9,354
9,379
9,390
9,466
9,510
9,599
10,120
10,175
10,295
10,368
10,466
10,762
10,767
10,826
10,951
11,110
11,391
11,445
11,473
11,572
11,652
11,684
11,897
12,017
12,215
12,318
12,427
13,158
13,371
13,490
13,525
13,666
14,003
14,043
14,610
14,748
15,186
15,255
15,464
15,565
16,000
16,579
INDEX
1835
County
Dodge........
Madison......
Worth........
Tattnall.....
Effingham....
Jefferson....
Haralson.....
McDuffie ....
Hart .......
Elbert......
Washington ..
Peach ......
Burke.......
Crisp.......
Murray......
Grady ......
Wayne.......
Emanuel.....
Mitchell....
Meriwether ..
Barrow......
Chattahoochee
Stephens....
Chattooga....
Toombs......
Habersham ..
Jackson ....
Decatur.....
Upson.......
Paulding....
Coffee......
Forsyth.....
Fayette.....
Sumter......
Gordon......
Walton......
Polk........
Tift........
Population
... 16,955
... 17,747
.... 18,064
... 18,134
... 18,327
.... 18,403
.... 18,422
.... 18,546
.... 18,585
... 18,758
... 18,842
... 19,151
... 19,349
.... 19,489
.... 19,685
.... 19,845
.... 20,750
.... 20,795
.... 21,114
.... 21,229
.... 21,354
.... 21,732
.... 21,761
.... 21,856
.... 22,592
.... 25,020
.... 25,343
.... 25,495
.... 25,998
.... 26,110
.... 26,894
.... 27,958
.... 29,043
.... 29,360
.... 30,070
.... 31,211
.... 32,382
... 32,862
County
Newton...
Baldwin ..
Colquitt ..
Bulloch ...
Henry
Rockdale .
Laurens ..
Catoosa...
Ware......
Liberty ...
Thomas...
Coweta ...
Columbia .
Bartow ...
Spalding ..
Troup
Cherokee .
Douglas...
Glynn
Carroll....
Walker ..
Whitfield .
Lowndes..
Clarke
Hall......
Houston ..
Floyd.....
Dougherty
Bibb ....
Clayton...
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
.... 65,775
.... 67,972
.... 74,498
.... 75,649
. .. 77,605
.... 79,800
... 100,710
... 150,256
... 150,357
... 166,808
... 170,108
... 181,629
... 202,226
... 297,718
... 483,024
... 589,904
. 5,464,265
1836
MEMBERS OF THE GENERAL ASSEMBLY
GEORGIA STATE SENATE
COUNTY
Senatorial
District
Senatorial
District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobh
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
Emanuel
Evans
18,
6 & 20
7
6
11
25
47
48
31 & 52
13
7
26 & 27
19
6
8
3 & 4
4
21
17
11
6
4
29 & 30
53 & 54
6
1, 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
MEMBERS OF THE GENERAL ASSEMBLY
1837
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
Senatorial
District
46
24
31
14
51
6
28
31
19
25
11
50
11
22 & 23
45
14
21
11
28
50
11
14
16
24
4
14
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
19
14
10
7
20
50
20
29
13
18
50
27
53
45
7
24
20 & 21
6
11
20
50
51 & 54
19
24
25
13
1838
MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA
ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1983-1984
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.......
5Joe 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, Sr.....
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..........
24 Sam P. McGill.........
14 Lewis H. (Bud) McKenzie
................P.O. Box 1523, August 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
......... 1705 Virginia Ave., College Park 30337
............P.O. Box 22398, Savannah 31403
.........2015 Peachtree Rd., 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 908, Fairburn 30213
............P.O. Drawer 400, Chatsworth 30705
................P.O. Box 100, Cornelia 30531
.........7034 W. Broad St., Douglasville 30134
................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
500 Fidelity 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, Milledgeville 31061
.... 1069 Standing Boy Court, Columbus 31904
...........Bankers First Federal Savings Bldg.
985 Broad St., Augusta 30901-1297
..............P.O. Box 520, Washington 30673
..............P.O. Box 565, Montezuma 31063
48Donn M. Peevy............. 508 Spring Lake Rd., P.O. Box 862, Lawrenceville 30246
7Ed Perry.................................................Route 2, Nashville 31639
MEMBERS OF THE GENERAL ASSEMBLY
1839
9R. T. (Tom) Phillips....
6Riley Reddish...........
2Albert (Al) Scott ......
36David Scott.............
43 Thomas R. Scott .......
44 Terrell Starr..........
55Lawrence (Bud) Stumbaugh
38Horace Tate.............
32Joe Thompson............
11Jimmy Hodge Timmons
10Paul Trulock............
8Loyce W. Turner.........
41James W. (Jim) Tysinger . . .
19Ronnie Walker...........
...... 1703 Pounds Rd., Stone Mountain
...................;. Cherokee Lake, Jesup
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 Trail, Stone Mountain
.................621 Lilia Dr., SW, Atlanta
................. P.O. Box 1045, Smyrna
................. 132 Woodlawn, Blakely
....................P.O. Box 70, Climax
............608 Howellbrook Dr., Valdosta
.......... 3781 Watkins Place NE, Atlanta
....................P.O. Box 461, McRae
30087
31545
31402
30315
30034
30050
30083
30310
30081
31723
31734
31601
30319
31055
Du
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
MEMBERS OF THE GENERAL ASSEMBLY
MEMBERS OF THE SENATE OF GEORGIA
BY DISTRICTS IN NUMERICAL ORDER
AND ADDRESSES
FOR THE TERM 1983-84
Name Address
J. Tom Coleman, Jr................P.O. Box 22398
Savannah 31403
Albert (Al) Scott.................738 E. Victory Dr.
P.O. Box 1704
Savannah 31402
Glenn E. Bryant...................P.O. Box 585
Hinesville 31313
Joseph E. Kennedy.................P.O. Box 246
Claxton 30417
Joe Burton........................2598 Woodwardia Rd., NE
Atlanta 30345
Riley Reddish.....................Cherokee Lake
Jesup 31545
Ed Perry .........................Route 2
Nashville 31639
Loyce W. Turner...................608 Howellbrook Dr.
Valdosta 31601
R. T. (Tom) Phillips..............1703 Pounds Rd.
Stone Mountain 30087
Paul Trulock......................P.O. Box 70
Climax 31734
Jimmy Hodge Timmons...............132 Woodlawn
Blakely 31723
Al Holloway.......................P.O. Box 588
Albany 31702
Rooney L. Bowen...................Box 417
Vienna 31092
Lewis H. (Bud) McKenzie...........P.O. Box 565
Montezuma 31063
Floyd Hudgins ....................P.O. Box 12127
Columbus 31907
Ted J. Land ......................1069 Standing Boy Court
Columbus 31904
Janice S. Horton .................430 Burke Circle
McDonough 30253
Ed Barker.........................P.O. Box KK
Warner Robins 31099
Ronnie Walker.....................P.O. Box 461
McRae 31055
Hugh M. Gillis, Sr................P.O. Box 148
Soperton 30457
. Bill English....................214 Golf Dr.
Swainsboro 30401
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
MEMBERS OF THE GENERAL ASSEMBLY
1841
Thomas F. Allgood .....
Jimmy Lester...........
Sam P. McGill..........
. Culver Kidd..........
Richard L. Greene......
. W. F. (Billy) Harris.
Kyle Cobb..............
. J. Render Hill.......
Wayne Garner...........
. Nathan Dean..........
Joe Thompson...........
Roy E. Barnes..........
. Bev Engram...........
. Frank E. Coggin......
David Scott............
Carl Harrison .........
. Horace E. Tate.......
Julian Bond............
Paul D. Coverdell......
James W. (Jim) Tysinger
Pierre Howard..........
Thomas R. Scott........
Terrell Starr..........
. P.O. Box 1523
Augusta 30903
. Bnkers First Federal Savings
Bldg.
985 Broad St.
Augusta 30901-1297
P.O. Box 520
Washington 30673
P.O. Box 370
Milledgeville 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
.7034 W. Broad St.
Douglasville 30134
.340 Wingfoot St.
Rockmart 30153
P.O. Box 1045
Smyrna 30081
Suite 225, 166 Anderson St.
Marietta 30060
.749 Pinehurst Dr.
P.O. Box 908
Fairburn 30213
. 1705 Virginia Ave.
College Park 30337
. 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 Rd., NE
Atlanta 30309
3781 Watkins Place NE
Atlanta 30319
500 Fidelity National Bank
Bldg.
Decatur 30030
2887 Alameda Trail
Decatur 30034
4766 Tanglewood Lane
Forest Park 30050
45
46
47
48
49
50
51
52
53
54
55
56
MEMBERS OF THE GENERAL ASSEMBLY
Harrill L. Dawkins......
Paul C. Broun...........
M. Parks Brown..........
Donn M. Peevy...........
J. Nathan Deal..........
John C. Foster..........
Max Brannon.............
Edward Hine, Jr.........
Waymond C. Huggins......
W. W. (Bill) Fincher, Jr. . ..
Lawrence (Bud) Stumbaugh
Haskew H. Brantley, Jr..
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
MEMBERS OF THE GENERAL ASSEMBLY
1843
GEORGIA HOUSE OF REPRESENTATIVES
COUNTY
House
District
House
District
Appling
Atkinson
Bacon
Baker
Baldwin
Banks
Barrow
Bartow
Ben Hill
Berrien
Bibb
Bleckley
Brantley
Brooks
Bryan
Bulloch
Burke
Butts
Calhoun
Camden
Candler
Carroll
Catoosa
Charlton
Chatham
Chattahoochee
Chattooga
Cherokee
Clarke
Clay
Clayton
Clinch
Cobb
Coffee
Colquitt
Columbia
Cook
Coweta
Crawford
Crisp
Dade
Dawson
Decatur
DeKalb
Dodge
Dooly
Dougherty
Douglas
Early
Echols
Effingham
Elbert
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
2 & 3
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
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______
109
121
4
43
15 & 16
10
13
22/40
4
82
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 & 109
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
1844
MEMBERS OF THE GENERAL ASSEMBLY
House
House
COUNTY
Distrct
COUNTY
District
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
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
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
1 & 5
65
150 & 151
82
107
153
130
120
11
3 & 6
117
82
104
136
MEMBERS OF THE GENERAL ASSEMBLY
1845
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1983-84
District Representative
Address
56...........Betty Aaron............
36...........G. D. 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, Sr.
10...........Bill H. Barnett........
59...........0. M. (Mike) Barnett ....
148..........James M. Beck..........
72-Post 2....Jimmy W. Benefield.......
38...........Lorenzo Benn...........
3920 Johns Hopkins Ct.
Decatur 30034
3417 Northside Dr.
Hapeville 30354
709 Greenwood Rd.
Thomaston 30286
4020 Pineview Dr., SE
Smyrna 30080
20 Willowick Dr.
Lithonia 30058
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
579 Fielding Lane SW
Atlanta 30311
1846
MEMBERS OF THE GENERAL ASSEMBLY
104...........Kenneth W. (Ken) Birdsong..........Route 1
Gordon 31031
94 .........Sanford D. Bishop, Jr..............P.O. Box 709
Columbus 31902
30............Paul Bolster.......................660 Woodland Ave., SE
Atlanta 30316
138...........Henry Bostick......................P.O. Box 94
Tifton 31793
137...........Paul S. Branch, Jr.................Route 4, Box 499-A
Fitzgerald 31750
91............Claude A. Bray, Jr.................P.O. Box 549
Manchester 31816
34............Tyrone Brooks......................Station A, P.O. Box 11185
Atlanta 30310-0185
88 .........George M. Brown....................P.O. Box 1114
Augusta 30903
154...........Joe E. Brown ......................114 N. Commerce St.
Hinesville 31313
95 .........Thomas B. Buck III.................P.O. Box 196
Columbus 31902
20-Post 2.....A. L. (Al) Burruss.................P.O. Box 6338
Marietta 30065
153-Post 2....Roger C. Byrd......................302 N. Rogers St.
Hazlehurst 31539
16............Tom Caldwell.......................227 E. 11th St.
Rome 30161
146...........Hanson Carter .....................808 River Rd.
Nashville 31639
133...........Tommy Chambless....................P.O. Box 2008
Albay 31702
129...........George A. Chance, Jr...............P.O. Box 373
Springfield 31329
89 .........Don Cheeks.........................714 Westminster Court
Augusta 30909
15-Post 1.....E. M. (Buddy) Childers.............15 Kirkwood St.
Rome 30161
53............Mrs. Mobley (Peggy) Childs.........520 Westchester Dr.
Decatur 30030
55............Betty J. Clark.....................P.O. Box 17852
Atlanta 30316
13-Post 1.....Louie Max Clark....................RFD 2
Danielsville 30633
23............Luther S. Colbert..................495 Houze Way
Roswell 30076
118...........Terry L. Coleman...................P.O. Box 157
Eastman 31023
4-Post 1...Carlton H. Colwell.................P.O. Box 850
Blairsville 30512
87............Jack Connell.......................P.O. Box 308
Augusta 30903
141
5
150
17
33
45
29
151
74
11-
73
112
84
22
6-
97
122
110
63
130
39
MEMBERS OF THE GENERAL ASSEMBLY
1847
Bill Cooper .......
Jesse Copelan, Jr..
. Barbara H. Couch ...
. Walter E. Cox.....
.John G. Crawford ...
Tom Crosby, Jr.....
Bill Cummings......
. J. C. Daugherty ..
. J. Max Davis......
Douglas C. Dean....
Harry D. Dixon......
Denny M. Dobbs......
. William J. Dover...
Wesley Dunn.........
Ward Edwards........
Warren D. Evans.....
Dorothy Felton......
Philip A. (Phil) Foster
Mary Jane Galer ....
Ron Ginsberg........
John F. Godbee......
Bill Goodwin........
Gerald E. Greene....
John W. Greer.......
. 2432 Powder Springs Rd.
Marietta 30064
.P.O. Box 109
Eatonton 31024
.2864 W. Roxboro Rd. NE
Atlanta 30324
.202 West St.
Bainbridge 31717
Route 1, Box 518
Lyerly 30730
. 705 Wacona Dr.
Waycross 31501
Route 1
508 Morgan Valley Rd.
Rockmart 30153
. 202 Daugherty Bldg.
15 Chestnut St., SW
Atlanta 30314
.1177 W. Nancy Creek Dr., NE
Atlanta 30319
.346 Arthur St., SW
Atlanta 30310
. 1303 Coral Rd.
Waycross 31501
. 125 Hardwick Dr.
Covington 30209
. Timbrook, Route 2
Clarkesville 30523
P.O. Box 353
McDonough 30253
P.O. Box 146
Butler 31006
P.O. Box 539
Thomson 30824
465 Tanacrest Dr., NW
Atlanta 30328
411 College Dr. Apt. E 16
Dalton 30720
7236 Lullwater Rd.
Columbus 31904
P.O. Box 10105
Savannah 31412
401 Lane St.
Brooklet 30415
6427 Apple Tree Way
Norcross 30092
Route 3, Box 119
Cuthbert 31740
925 Healey Bldg.
Atlanta 30303
1848
MEMBERS OF THE GENERAL ASSEMBLY
99.......
124.......
31.......
131.......
8- Post 2
1-Post 2
43.......
96.......
72-Post 3
28.......
116.......
103.......
117.......
11-Post 2
21-Post 2
9- Post 3
65.......
83.......
123.......
21-Post 4
70.......
72-Post 4
76......
78......
109......
Denmark Groover, Jr.......
DeWayne Hamilton..........
Mrs. Grace T. Hamilton....
Bob Hanner................
W. G. (Bill) Hasty, Sr....
Forest Hays, Jr...........
Paul W. Heard, Jr.........
Milton Hirsch.............
C. E. (Ed) Holcomb........
Bob Holmes................
George Hooks..............
Frank Horne...............
Newt Hudson...............
Jack Irvin, Sr............
Johnny Isakson............
Jerry D. Jackson .........
. Neal Jackson............
. William S. (Bill) Jackson ...
. Diane Harvey Johnson....
Frank B. Johnson..........
. Gerald Johnson..........
. Rudolph Johnson.........
. Suzi Johnson............
. Bill Jones..............
Randolph C. (Randy) Karrh
P.O. Box 755
Macon 31202
P.O. Box 14562
Savannah 31406
582 University Place NW
Atlanta 30314
Route 1, Box 26
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 29-A
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 31414
.436 Concord Rd.
Smyrna 30080
P.O. Box 815
Carrollton 30117
5604 Reynolds Rd.
Morrow 30260
P.O. Box 277
Orchard Hill 30266
P.O. Box 3933
Jackson 30233
P.O. Drawer K
Swains boro 30401
MEMBERS OF THE GENERAL ASSEMBLY
1849
42...........Thomas M. Kilgore..................1992 Tara Cricle
Douglasville 30135
66 ........E. Roy Lambert.....................P.O. Box 169
Madison 30650
111..........Bob Lane...........................205 Aldred Ave.
Statesboro 30458
27...........Dick Lane .........................2704 Humphries St.
East Point 30344
20-Post 5....Terry Lawler.......................4887 Mosley Rd.
Clarkdale 30020
49...........Tom Lawrence.......................2283 Stratmor Dr.
Stone Mountain 30087
9-Post 2...Bobby Lawson ......................1237 Dixon Circle
Gainesville 30501
72-Post 1....Bill Lee...........................5325 Hillside Dr.
Forest Park 30050
44...........John Linder........................5039 Winding Branch Dr.
Dunwoody 30338
67 ........Hugh Logan.........................1328 Prince Ave.
Athens 30601
142..........Bobby Long.........................1466 6th St., NW
Cairo 31728
107..........Jimmy Lord.........................P.O. Box 254
Sandersville 31082
102..........David E. Lucas.....................448 Woolfolk St.
Macon 31201
25 .........John M. Lupton.....................3333 Peachtree NE
Atlanta 30326
7..........J. C. Maddox ......................Route 1
Calhoun 30701
57-Post 2....William C. (Bill) Mangum, Jr.......4320 Pleasant Forest Dr.
Decatur 30034
60 ........Charles C. Martin .................470 Hill St.
Buford 30518
26 .........Jim Martin ........................Suite 615, 161 Spring St.
Atlanta 30303
145..........Hugh D. Matthews ..................Route 1, Box 913
Moultrie 31768
12...........Lauren (Bubba) McDonald, Jr........Route 5, Dogwood Trail
Commerce 30529
15-Post 2....Forrest L. McKelvey................104 Hooper St., RFD 1
Lindale 30147
35...........J. E. (Billy) McKinney.............765 Shorter Terrace NW
Atlanta 30318
155..........N. Shaw McVeigh..................P.O. Box 1542
Brunswick 31521
13-Post 2....Billy Milford......................Route 3
Hartwell 30643
61 ........Rex A. Millsaps ...................737 Nottingham Dr.
Lawrenceville 30245
1850
MEMBERS OF THE GENERAL ASSEMBLY
153-Post 1....Lundsford Moody....................P.O. Box 32
Baxley 31513
139...........James C. Moore.....................Route 2
West Green 31567
47............Chesley V. Morton..................3580 Coldwater Canyon Ct.
Tucker 30084
75............John L. Mostiler...................150 Meadovista Dr.
Griffin 30223
126...........Anne Mueller.......................13013 Hermitage Rd.
Savannah 31419
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
1-Post 1....Donald F. Oliver...................P.O. Box 386
16 Euclid Ave.
Chickamauga 30707
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.
P.O. Box 4872
Macon 31208
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 83
Quitman 31643
MEMBERS OF THE GENERAL ASSEMBLY
1851
50...........Frank L. Redding, Jr...............P.O. Box 117
Decatur 30030
52...........Eleanor L. Richardson..............755 Park Lane
Decatur 30033
58...........Cas Robinson ......................4720 Fellswood Dr.
Stone Mountain 30083
82...........Ben Barron Ross....................P.O. Box 245
Lincolnton 30817
144..........A. Richard Royal...................311 Boulevard St.
Camilla 31730
64...........John D. Russell ...................P.O. Box 588
Winder 30680
32...........Mrs. Helen Selman..................Jones Ferry Rd., Box 315
Palmetto 30268
71...........J. Neal Shepard, Jr................P.O. Box 836
Newnan 30264
143..........Allen Sherrod......................Route 1
Coolidge 31738
37...........Georganna Sinkfield ...............179 Tonawanda Dr., S.E.
Atlanta 30315
136..........Earleen Sizemore...................Route 3
Sylvester 31791
152..........Tommy Smith........................Route 1
Alma 31510
92...........Calvin Smyre.......................P.O. Box 181
Columbus 31902
46...........Cathey W. Steinberg................1732 Dunwoody Place NE
Atlanta 30324
69...........Charles Thomas.....................P.O. Box 686
Temple 30179
20-Post 4....Steve Thompson.....................4265 Bradley Dr.
Austell 30001
24...........Kiliaen V. R. (Kil) Townsend.......3390 Peachtree Rd. NE
Atlanta 30326
128..........Tom Triplett.......................P.O. Box 9586
Savannah 31402
4-Post 2.....Ralph Twiggs.......................P.O. Box 432
Hiawassee 30546
113 ........Ted W. Waddle......................113 Tanglewood Dr.
Warner Robins 31093
80...........Kenneth Waldrep....................87 N. Lee St
Forsyth 31029
85...........Charles W. Walker..................1402 Twelfth St.
Augusta 30901
115..........Larry Walker.......................P.O. Box 1234
Perry 31069
77...........J. Crawford Ware...................P.O. Box 305
Hogansville 30230
114 .......Roy H. (Sonny) Watson, Jr..........P.O. Box 1905
Warner Robins 31099
1852
MEMBERS OF THE GENERAL ASSEMBLY
41...........Charlie Watts.......................505 Hardee St.
Dallas 30132
132..........John White..........................P.O. Box 3506
Albany 31706
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...................8 E. Lake Dr. NE
Atlanta 30317
6-Post 1...Roger Williams......................132 Huntington Rd.
Dalton 30720
20-Post 1....Joe Mack Wilson.....................77 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
MEMBERS OF THE GENERAL ASSEMBLY
1853
MEMBERS OF
GEORGIA HOUSE OF REPRESENTATIVES
FOR THE TERM 1983-84
BY DISTRICTS AND ADDRESSES
District Representative
Address
1-Post 1....Donald F. Oliver.............
1-Post 2....Forest Hays, Jr..............
2 ........Robert G. (Bob) Peters.......
3 ........Tom Ramsey...................
4-Post 1....Carlton H. Colwell...........
4-Post 2....Ralph Twiggs.................
5...........John G. Crawford.............
6-Post 1....Roger Williams...............
6-Post 2....Philip A. (Phil) Foster......
7...........J. C. Maddox ................
8-Post 1....Wendell T. Anderson, Sr......
8- Poast 2 ... W. G. (Bill) Hasty, Sr..
9- Post 1.Joe T. Wood..................
9-Post 2....Bobby Lawson ................
9-Post 3....Jerry D. Jackson ............
10............Bill H. Barnett..............
11-Post 1.....William J. Dover.............
11-Post 2.....Jack Irvin, Sr...............
12............Lauren (Bubba) McDonald, Jr.
13-Post 1.....Louie Max Clark..............
13-Post 2.....Billy Milford................
.P.O. Box 386
16 Euclid Ave.
Chickamauga 30707
Route 2
Flinstone 30725
P.O. Box 550
Ringgold 30736
P.O. Box 1130
Chatsworth 30705
P.O. Box 850
Blairsville 30512
P.O. Box 432
Hiawassee 30546
Route 1, Box 518
Lyerly 30730
. 132 Huntington Rd.
Dalton 30720
.411 College Dr. Apt E 16
Dalton 30720
Route 1
Calhoun 30701
RFD 4
Canton 30114
Route 8, Hilton Dr.
Canton 30114
P.O. Drawer 1417
Gainesville 30503
1237 Dixon Circle
Gainesville 30501
P.O. Box 7275
Chestnut Mountain 30502
P.O. Box 755
Cumming 30130
Timbrook, Route 2
Clarkesville 30523
Route 1, Box 217
Baldwin 30511
Route 5, Dogwood Trail
Commerce 30529
RFD 2
Danielsville 30633
Route 3
Hartwell 30643
1854
MEMBERS OF THE GENERAL ASSEMBLY
14...........Charles W. Yeargin..................P.O. Box 584
Elberton 30635
15-Post 1....E. M. (Buddy) Childers..............15 Kirkwood St.
Rome 30161
15-Post 2....Forrest L. McKelvey.................104 Hooper St., RFD 1
Lindale 30147
16 .........Tom Caldwell........................227 E. 11th St.
Rome 30161
17 .........Bill Cummings.......................Route % 508 Morgan Valley
Rd.
Rockmart 30153
18 .........Thomas B. Murphy....................P.O. Drawer 1076
Bremen 30110
19 .........Boyd Pettit........................... P.O. Box 1256
Cartersville 30120
20-Post 1....Joe Mack Wilson.....................77 Church St.
Marietta 30060
20-Post 2....A. L. (Al) Burruss..................P.O. Box 6338
Marietta 30065
20-Post 3....Bill Cooper ........................2432 Powder Springs Rd.
Marietta 30064
20-Post 4....Steve Thompson......................4265 Bradley Dr.
Austell 30001
20- Post 5..Terry Lawler........................4887 Mosley Rd.
Clarkdale 30020
21- Post 1..Fred Aiken..........................4020 Pineview Dr. SE
Smyrna 30080
21-Post 2....Johnny Isakson......................5074 Hampton Farms Dr.
Marietta 30067
21-Post 3....Bill Atkins.........................4719 Windsor Dr.
Smyrna 30080
21-Post 4....Frank B. Johnson....................436 Concord Rd.
Smyrna 30080
21-Post 5....Tom Wilder..........................2920 Rockbridge Rd.
Marietta 30066
22 .........Dorothy Felton......................465 Tanacrest Dr. NW
Atlanta 30328
23 .........Luther S. Colbert...................495 Houze Way
Roswell 30076
24 ........Kiliaen V. R. (Kil) Townsend........3390 Peachtree Rd. NE
Atlanta 30326
25 ........John M. Lupton......................3333 Peachtree NE
Atlanta 30326
26 ........Jim Martin .........................Suite 615, 161 Spring St.
Atlanta 30303
27 ........Dick Lane ..........................2704 Humphries St.
East Point 30344
28 ........Bob Holmes..........................2929 Landrum Dr. SW #D-25
Atlanta 30311
29 ........Douglas C. Dean.....................346 Arthur St. SW
Atlanta 30310
MEMBERS OF THE GENERAL ASSEMBLY
1855
30 .........Paul Bolster..............
31 .........Mrs. Grace T. Hamilton...
32 .........Mrs. Helen Selman.........
33 .........J. C. Daugherty...........
34 .........Tyrone Brooks.............
35 .........J. E. (Billy) McKinney....
36 .........G. D. Adams...............
37 .........Georganna T. Sinkfield....
38 .........Lorenzo Benn.........
39 .........John W. Greer.............
40 .........Barbara H. Couch..........
41 .........Charlie Watts.............
42 .........Thomas M. Kilgore.........
43 .........Paul W. Heard, Jr.........
44 .........John Linder...............
45 ........J. Max Davis..............
46 ........Cathey W. Steinberg.......
47 ........Chesley V. Morton, Jr.....
48 ........Betty Jo Williams.........
49 ........Tom Lawrence..............
50 ........Frank L. Redding, Jr......
51 ........Ken Workman ..............
52 ........Eleanor L. Richardson.....
53 ........Mrs. Mobley (Peggy) Childs
54 ........Hosea L. Williams.........
. 660 Woodland Ave., SE
Atlanta 30316
. 582 University Place NW
Atlanta 30314
Jones Ferry Rd., Box 315
Palmetto 30268
. 202 Daugherty Bldg.
15 Chestnut St. SW
Atlanta 30314
Station A, P.O. Box 11185
Atlanta 30310-0185
.765 Shorter Terrace NW
Atlanta 30318
.3417 Northside Dr.
Hapeville 30354
. 179 Tonawanda Dr., S.E.
Atlanta 30315
. 579 Fielding Lane SW
Atlanta 30311
925 Healey Bldg.
Atlanta 30303
2864 W. Roxboro Rd. NE
Atlanta 30324
505 Hardee St.
Dallas 30132
1992 Tara Circle
Douglasville 30135
102 Camp Creek Court
Peachtree City 30269
5039 Winding Branch Dr.
Dunwoody 30338
1177 W. Nancy Creek Dr. NE
Atlanta 30319
1732 Dunwoody Place NE
Atlanta 30324
3580 Coldwater Canyon Ct.
Tucker 30084
2024 Castleway Dr. NE
Atlanta 30345
2283 Stratmor Dr.
Stone Mountain 30087
P.O. Box 117
Decatur 30030
3383 Hyland Dr.
Decatur 30032
755 Park Lane
Decatur 30033
520 Westchester Dr.
Decatur 30030
8 E. Lake Dr. NE
Atlanta 30317
1856
MEMBERS OF THE GENERAL ASSEMBLY
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.
Lithonia 30058
4720 Fellswood Dr.
Stone Mountain 30083
1472 Ridgewood Dr.
Lilburn 30247
470 Hill St.
Buford 30518
737 Nottingham Dr.
Lawrencevile 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
P.O. Box 836
Newnan 30264
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 353
McDonough 30253
74
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 277
Orchard Hill 30266
.J. Crawford Ware.................P.O. Box 305
Hogansville 30230
Bill Jones........................P.O. Box 3933
Jackson 30233
. Marvin Adams ...................709 Greenwood Ed.
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
Don Cheeks........................714 Westminster Court
Augusta 30909
Travis Stanley Barnes, Sr.........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
1857
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
Denmark Groover, Jr.
Frank C. Pinkston ..
William C. (Billy) Randall..
David E. Lucas............
Frank Home................
Kenneth (Ken) W. Birdsong
Bobby Eugene Parham.......
Jesse Copelan, Jr.........
P.O. Box 755
Macon 31202
850 Walnut St.
P.O. Box 4872
Macon 31208
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
. Jimmy Lord.......................P.O. Box 254
Sandersville 31082
.Emory E. Bargeron.................P.O. Box 447
202 E. Fifth St.
Louisville 30434
Randolph C. (Randy) Karrh..........P.O. Drawer K
Swainsboro 30401
John F. Godbee.....................401 Lane St.
Brooklet 30415
Bob Lane...........................205 Aldred Ave.
Statesboro 30458
Ward Edwards.......................P.O. Box 146
Butler 31006
Ted W. Waddle.....................113 Tanglewood Dr.
Warner Robins 31093
Roy H. (Sonny) Watson, Jr.........P.O. Box 1905
Warner Robins 31099
Larry Walker......................P.O. Box 1234
Perry 31069
George Hooks......................P.O. Box 928
Americus 31709
Newt Hudson.......................Route 1, Box 29-A
Rochelle 31079
Terry L. Coleman....................P.O. Box 157
Eastman 31023
DuBose Porter ......................125 N. Franklin St.
Dublin 31021
L. L. (Pete) Phillips...............P.O. Box 166
Soperton 30457
Clinton Oliver......................P.O. Box 237
Glennville 30427
Ron Ginsberg .......................P.O. Box 10105
Savannah 31412
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
MEMBERS OF THE GENERAL ASSEMBLY
1859
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......
.A. Richard Royal ....
. Hugh D. Matthews ..
Hanson Carter ......
Henry L. Reaves.....
1201 E. Duffy St.
P.O. Box 5544
Savannah 31414
P.O. Box 14562
Savannah 31406
9219 Melody Dr.
Savannah 31406
13013 Hermitage Rd.
Savannah 31419
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, Box 26
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 31750
P.O. Box 94
Tifton 31793
Route 2
West Green 31567
Route 1
Blakely 31723
. 202 West St.
Bainbridge 31717
. 1466 6th St., NW
Cairo 31728
.Route 1
Coolidge 31738
.311 Boulevard St.
Camilla 31730
Route 1, Box 913
Moultrie 31768
. 808 River Rd.
Nashville 31639
.Route 2, Box 83
Quitman 31643
1860 MEMBERS OF THE GENERAL ASSEMBLY
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
MEMBERS OF THE GENERAL ASSEMBLY
1861
STATUS OF REFERENDUM
ELECTIONS FOR THE YEARS
1953 THROUGH 1982
Georgia Laws
1963 (Jan./Feb.)
1963 (Nov./Dec.)
1965
1966
1957
1968
1959
1960
1961
1962
1963
1964
1964 Ex. Sess.
1965
1966
1967
1968
1969
1970
1971
1971 Ex. Sess.
1972
1973
1974
1975
1975 Ex. Sess.
1976
1977
1978
1979
1980
1981 .............
1982 .............
1983 ............
TOTALS
Election
Referendums Results Not
Proposed Not Known Held
14
21
17
39
24
46
34
47
27
38
39
36
9
23
25
39
48
48
44
43
3
64
21
25
33
1
26
13
25
5
22
10
36
18
943
42
4
2
3
49
Final
Result
11
16
16
34
23
41
33
39
26
36
33
30
7
20
23
37
44
42
39
38
3
62
18
23
31
1
24
13
24
5
18
8
36
15
852
REFERENDUM ELECTIONS1953-1976
The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. aess., page 523), provides that the results of all referendum elections
which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certi-
fied, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved
and the purpose of such election shall be sent to the Secretary of State at the same time.
RESULTS OF REFERENDUM ELECTIONS
1862

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1863
1532
1864
RESULTS OF REFERENDUM ELECTIONS
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1865
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Georgia Laws, 1M4:
1866
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
1867
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Georgia Law. 1IM:
1868
RESULTS OF REFERENDUM ELECTIONS
9
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RESULTS OF REFERENDUM ELECTIONS
1869
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Georgia Lawa, 1*87:
1870
RESULTS OF REFERENDUM ELECTIONS

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RESULTS OF REFERENDUM ELECTIONS
1871
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Georgia Laws, 1958:
1872
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1858:
RESULTS OF REFERENDUM ELECTIONS
1873
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Georgia Lews, 1>58:
1874
RESULTS OF REFERENDUM ELECTIONS
tO (>

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Georgia Laws, 1958:
RESULTS OF REFERENDUM ELECTIONS
1875
M 0
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Georgia Laws, 1959:
1876
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws, 1959:
RESULTS OF REFERENDUM ELECTIONS
1877
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Georgia Laws, 1959:
1878
RESULTS OF REFERENDUM ELECTIONS
p
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Georgia Lawa, 1960:
RESULTS OF REFERENDUM ELECTIONS
1879
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1880
RESULTS OF REFERENDUM ELECTIONS
fl
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Georgia Laws, 1960:
RESULTS OF REFERENDUM ELECTIONS
1881
oe9t~c4CDO^rcooot-c4ooaot<-Hoaociioc4eic0t-co
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Georgia Lw, 1X1:
1882
RESULTS OF REFERENDUM ELECTIONS
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I City
RESULTS OF REFERENDUM ELECTIONS
1883
a* co
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Meriwether. 3456 f| Certain County Officerscompensation.I 5-31-61 For 938
Agn 254
Monroe_ ___ 2994 I City of Forsyth............ '.'Mil 10- 4-61 For 668
Agn 245
1884
RESULTS OF REFERENDUM ELECTIONS
9
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RESULTS OF REFERENDUM ELECTIONS
1885
8
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Georgia Lawg, 1962:
1886
RESULTS OF REFERENDUM ELECTIONS
CO
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Georgia Laws, 1962:
RESULTS OF REFERENDUM ELECTIONS
1887

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Georgia Law, 1968:
1888
RESULTS OF REFERENDUM ELECTIONS
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RESULTS OF REFERENDUM ELECTIONS
1889
3
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Georgia Levs, INS:
1890
RESULTS OF REFERENDUM ELECTIONS
aioocoiotoeu-atmioaot^n^OHO
CO 05 CO 'fNiONTfO-HCONt'OHOOW
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RESULTS OF REFERENDUM ELECTIONS
1891
1892
RESULTS OF REFERENDUM ELECTIONS
*
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RESULTS OF REFERENDUM ELECTIONS
1893
Gwrfit Laws 1*71, January/February aeaaion:
1894
RESULTS OF REFERENDUM ELECTIONS
i
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Georgia Law* 1972, January/February aeasion:
RESULTS OF REFERENDUM ELECTIONS 1895
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Georfia Laws 1071, January/February
1896 RESULTS OF REFERENDUM ELECTIONS
M S
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Georgia Law* 1972, January/February session:
RESULTS OF REFERENDUM ELECTIONS 1897
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Georgia Laws 1(72, January/February aeaaioa:
1898
RESULTS OF REFERENDUM ELECTIONS
9
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RESULTS OF REFERENDUM ELECTIONS
1899

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Georgia Law* 1*73, January/February session:
1900
RESULTS OF REFERENDUM ELECTIONS
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Georgia Laws 1974, January/February acasioa:
RESULTS OF REFERENDUM ELECTIONS
1901

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RESULTS OF REFERENDUM ELECTIONS
1903
GENERAL ELECTION
Date 11-5-74
Common Day of Rest Act of 1974
Ga. L. 1974, p. 186
COUNTY
Yes No
Appling......
Atkinson.....
Bacon .......
Baker .......
Baldwin.....
Banks ......
Barrow .....
Bartow .....
Ben Hill ....
Berrien ....
Bibb........
Bleckley
Brantley ....
Brooks .....
Bryan ......
Bulloch ....
Burke ......
Butts ......
Calhoun ....
Camden......
Candler ....
Carroll ....
Catoosa......
Charlton ....
Chatham ....
Chattahoochee
Chattooga
Cherokee ....
Clarke .....
Clay .......
Clayton ....
Clinch .....
Cobb .......
Coffee .....
Colquitt ....
Columbia .. .
Cook .......
Coweta .....
Crawford ...
Crisp ......
Dade .......
Dawson .....
Decatur.....
DeKalb .....
Dodge ......
Dooly.......
Dougherty ..
Douglas.....
Early.......
Echols .....
Effingham ..
Elbert .....
Emanuel ....
Evans ......
Fannin .....
590
274
300
109
1,901
566
1,501
1,704
578
442
8,536
439
189
341
344
1,604
545
786
166
367
187
3,696
1,440
177
14,278
153
1,322
2,424
6,525
116
9,965
144
25,632
629
1,168
1,113
423
2,622
338
537
485
515
579
54,127
470
314
3,887
2,958
297
66
627
998
803
231
829
692
245
603
253
1,989
709
1.830
2,407
1,127
1,142
12,667
888
303
916
447
2,441
797
929
429
430
231
4,391
1,424
198
12,039
116
1,281
2.830
4,853
242
10,231
379
21,237
1,493
2,701
1,687
978
2,470
455
1,303
317
199
958
40,882
1,835
684
8,146
2,815
1,084
74
1,039
1,765
1,353
676
729
1904 RESULTS OF REFERENDUM ELECTIONS
COUNTY Yea No
Fayette .............................................. 1,752 2,153
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 ................................................. 430 566
Putnam................................................. 566 546
RESULTS OF REFERENDUM ELECTIONS
1905
COUNTY Yes No
Quitman ................................................. 85 142
Rabun ................................................. 618 701
Randolph ............................................... 334 790
Richmond ............................................. 7,477 11,596
Rockdale ............................................. 1,811 2,032
Schley ................................................. 117 171
Screven............................................... 514 740
Seminole ............................................... 309 588
Spalding ............................................. 2,867 3,258
Stephens ............................................... 698 1,673
Stewart ................................................ 183 329
Sumter ............................................... 1,119 1,925
Talbot ................................................. 320 326
Taliaferro .............................................. 70 192
Tattnall ............................................... 484 960
Taylor ............................................... 520 741
Telfair................................................. 359 977
Terrell................................................. 456 1,062
Thomas ............................................... 1,315 2,173
Tift ................................................... 940 1,716
Toombs ................................................. 975 1,640
Towns .................................................. 535 247
Treutlen ............................................... 333 630
Troup ............................................... 2,550 3,831
Turner ................................................. 334 870
Twiggs ................................................. 427 696
Union ................................................ 1,330 548
Upson ................................................ 2,145 2,115
Walker ............................................... 2,104 2,264
Walton ............................................... 1,397 1,786
Ware ................................................. 1,363 1,910
Warren ................................................. 173 364
Washington ........................................... 1,035 2,037
Wayne................................................... 660 1,118
Webster ................................................. 99 127
Wheeler ................................................ 257 698
White .................................................. 941 562
Whitfield ............................................ 2,030 2,274
Wilcox ................................................. 239 759
Wilkes.................................................. 439 1,531
Wilkinson .............................................. 395 765
Worth .................................................. 423 1,203
TOTAL ................................................ 434,559 363,947
Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in
part by the Georgia Supreme Court in Rutledge v. Gaylords, Inc., 233 Ga. 694,
decided February 13, 1975.
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Referendum Election Results: Acts of the 1978 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 1911
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RESULTS OF REFERENDUM ELECTIONS
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Referendum Election Results: Acts of the 1979 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
1913
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Referendum Election Results: Acts of the 1980 Session of the General Assembly
1914 RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1981 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
1915
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Referendum Election Results: Acts of the 1982 Session of the General Assembly
1916
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
1917
These are 1981 laws that were required to be held in 1982.
Referendum Election Results: Acts of the 1982 Session of the General Assembly
1918
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1982 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS
1919
Referendum Election Results: Acts of the 1983 Session of the General Assembly
1920
RESULTS OF REFERENDUM ELECTIONS
Referendum Election Results: Acts of the 1983 Session of the General Assembly
RESULTS OF REFERENDUM ELECTIONS 1921
Referendum Election Results: Acts of the 1983 Session of the General Assembly
1922
RESULTS OF REFERENDUM ELECTIONS
For any information regarding these
ACTS and RESOLUTIONS please contact:
MAX CLELAND
Secretary of State
mini 'SiRCyiATE
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